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H.R. 6285 (96th): Egg Research and Consumer Information Amendments of 1980

The text of the bill below is as of Jun 17, 1980 (Passed Congress).


PUBLIC LAW 96-276—JUNE 17, 1980                                     94 STAT. 541
Public Law 96-276
96th Congress
                                  An Act
To amend the Egg Research and Consumer Information Act and to establish an         June 17, 1980
  intergovernmental study group to analyze recent events in the silver cash and     [H.R. 6285]
  futures markets.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be              Egg Research
cited as the "Egg Research and Consumer Information Act Amend-                    and Consumer
                                                                                  Information Act
ments of 1980".                                                                   Amendments of
   SEC. 2. Section 8(a) of the Egg Research and Consumer Information              1980.
Act (7 U.S.C. 2707(a)) is amended by deleting the word "eighteen" in              7 u s e 2701 note.
such section and inserting in lieu thereof the word "twenty '.
   SEC. 3. Section 8(b) of the Egg Research and Consumer Information
Act (7 U.S.C. 2707(b)) is amended by deleting the period at the end of
the paragraph and inserting the following: : Provided further, That               Egg Board,
two members of the Egg Board, and alternates therefor, shall be                   consumer
                                                                                  members.
consumers or representatives of consumers, if approved by egg
producers voting in a referendum on an amendment to the order.
Such consumer appointments shall be made by the Secretary from
nominations submitted by eligible organizations. If the Secretary
determines that such nominees are not members of either a bona fide
consumer organization or do not represent consumers, the Secretary
may appoint such consumers or representatives of consumers as
deemed necessary to properly represent the interest of consumers.
Consumer members of the Egg Board shall be voting members.".
   SEC. 4, Section 8(e) of the Egg Research and Consumer Information
Act (7 U.S.C. 2707(e)) is amended by striking the third sentence and
inserting in lieu thereof the following: "For fiscal year 1981, the rate          Rate of
of assessment prescribed by the order shall not exceed 7 ¥2 cents per             assessment.
case of commercial eggs or the equivalent thereof. For each fiscal
year thereafter, the rate of assessment may be increased by no more
than three-quarters of a cent per case of commercial eggs or the
equivalent thereof: Provided, That the rate of assessment shall not
exceed 10 cents per case of commercial eggs or the equivalent
thereof.".
   SEC. 5. Section 9 of the Egg Research and Consumer Information
Act (7 U.S.C. 2708) is amended by adding at the end thereof a new
sentence as follows: "The failure of egg producers to approve an
amendment to any Egg Research and Promotion Order shall not be
deemed to invalidate such order.".
   SEC. 6. Section 15 of the Egg Research and Consumer Information
Act (7 U.S.C. 2714) is amended by striking section 15 of the Act and
inserting in lieu thereof the following:
   "SEC. 15. (a) The several district courts of the United States are             Enforcement of
vested with jurisdiction specifically to enforce, and to prevent and              orders.
restrain any person from violating, any order or regulation made or
issued pursuant to this Act. Any civil action authorized to be brought            Civil actions,
under this subsection shall be referred to the Attorney General for               referral to
                                                                                  Attorney
appropriate action: Provided, That nothing in this Act shall be                   General.

94 STAT. 542 PUBLIC LAW 96-276—JUNE 17, 1980 construed as requiring the Secretary to refer to the Attorney General violations of this Act whenever he believes that the administration and enforcement of the program would be adequately served by administrative action pursuant to paragraph (b) of this section or suitable written notice or warning to any person committing such violations. Civil penalty; "(b)(1) Any person who violates any provisions of any order or cease-and-desist regulation issued by the Secretary pursuant to this Act, or who fails order. or refuses to pay, collect, or remit any assessment or fee duly required of him thereunder, may be assessed a civil penalty by the Secretary of not less than $500 or more than $5,000 for each such violation. Each violation shall be a separate offense. In addition to or in lieu of such civil penalty the Secretary may issue an order requiring such person Hearing. to cease and desist from continuing such violation or violations. No penalty shall be eissessed or cease and desist order issued unless such person is given notice and opportunity for a hearing before the Secretary with respect to such violation, and the order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States court of appeals. Appeal. "(2) Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under paragraph (b)(1) of this section may obtain review in the court of appeals of the United States for the circuit in which such person resides or has his place of business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court' within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence. Final order, "(3) Any person who fails to obey a cease and desist order after it noncompliance has become final and unappealable, or after the appropriate court of penalty. appeals has entered final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review pursuant to the procedures specified in paragraphs 0>) (1) and (2) of this section, of not more than $500 for each offense, and each day during which such failure continues shall be deemed a separate offense. Referral to "(4) If any person fails to pay an assessment of a civil penalty after Attorney it has become a final and unappealable order, or after the appropriate General. court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.". SEC. 7. The Commodity Exchange Act is amended by adding at the end thereof a new section 21 to read as follows: Joint working "SEC. 21. The Commission shall establish a joint working group group. with the Federal Reserve Board, Department of the Treasury, and 7 u s e 4a note. Securities and Exchange Commission to analyze the various aspects of the events in the silver cash and futures markets during the period Report. of September 1979 through March 1980. The joint working group will prepare a report of its findings that shall include, but not be limited
PUBLIC LAW 96-276—JUNE 17, 1980 94 STAT. 543 to, a description of the causes of this situation, an appraisal of the adequacy of consultation during this period between the members of the joint working group, and recommendations for legislative changes that could prevent a recurrence of these or similar events in any futures market. The joint working group shall submit its report Submittal to to the appropriate committees of Congress by October 1, 1980.". coHfiStteer* Approved June 17, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-752 (Comm. on Agriculture). SENATE REPORT No. 96-765 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 126 (1980): Feb. 19, considered and passed House. June 4, considered and passed Senate, amended. June 10, House agreed to Senate amendments. 79-194 O—81—pt. 1 38 : QL3