skip to main content

H.R. 6164 (97th): International Carriage of Perishable Foodstuffs Act

The text of the bill below is as of Oct 15, 1982 (Passed Congress).


PUBLIC LAW 97-325—OCT. 15, 1982                                   96 STAT. 1603

Public Law 97-325
97th Congress
                                    An Act
To authorize the Secretary of Agriculture to implement the Agreement on the             Oct. 15, 1982
  International Carriage of Perishable Foodstuffs and on the SpecialEquipment to be      [H.R. 6164] "
  Used for Such Carriage (ATP), and for other purposes.
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may International
                                                                  Carriage
be cited as the ''International Carriage of Perishable Foodstuffs of Perishable
Act".                                                             Foodstuffs
                           FINDINGS AND PURPOSE                                       Act.
                                                                                      7 u s e 4401 note.
  SEC. 2. Congress herebyfindsand declares that—                                      7 u s e 4401.
       (1) the United States, as a member of the Economic Commis-
    sion for Europe of the United Nations, participated in develop-
    ment by that Commission of the Agreement on the Interna-
    tional Carriage of Perishable Foodstuffs and on the Special
    Equipment to be Used for Such Carriage;
       (2) the agreement requires that equipment involved in the
    international carriage of perishable foodstuffs be inspected,
    tested, and certified to specified standards;
       (3) this Act will make it possible for equipment in the United
    States to be inspected, tested, and certified in accordance with
    the agreement and the standards specified therein; and
       (4) this Act will improve the conditions for the movement of
    perishable foodstuffs in international carriage in equipment
    owned or operated by United States firms, wWch will serve to
    protect existing trade and promote expansion of trade in perish-
    able foodstuffs, and will improve the sale of United States
    manufactured equipment for use in international carriage.
                                  DEFINITIONS

  SEC. 3. As used in this Act—                                     7 u s e 4402.
       (1) The term "agreement" means the Agreement on the Inter-
    national Carriage of Perishable Foodstuffs and on the Special
    Equipment to be Used for Such Carriage, and the annexes and
    the appendices thereto, done at Geneva, September 1, 1970,
    under the auspices of the Economic Commission for Europe of
    the United Nations.
       (2) The term "contracting party" means any country that is
    eligible under article 9 of the agreement and that has compUed
    with the terms of such article.
       (3) The term "equipment" means the special transport equip-
    ment that compUes with the definitions and standards set forth
    in annex 1 to the agreement, including, but not limited to,
    railway cars, trucks, trailers, semitrailers, and intermodal
    freight containers that are insulated only, or insulated and
    equipped with a refrigerating, mechanically refrigerating, or
    heating appliance.

96 STAT. 1604 PUBLIC LAW 97-325—OCT. 15, 1982 (4) The term "perishable foodstuffs" means quick deep-frozen and frozen food products listed in annex 2 and food products listed in annex 3 to the agreement. (5) The term "international carriage" means transportation of perishable foodstuffs if such foodstuffs are loaded in equipment or the eo^uipment containing them is loaded onto a rail or road vehicle, in the territory of any country and such foodstuffs are, or the equipment containing them is, unloaded in the territonr of another country that is a contracting party, where such transportation is by— (A) rail, (B) road, (C) any combination of rail and road, or (D) any sea crossing of less than one hundred and fifty kilometers, if preceded or followed by one or more land journeys as referred to in clauses (A), (B), and (C) of this paragraph, and the perishable foodstuffs are shipped in the same equipment used for such land journeys without trans- loading of such foodstuffs. In the case of any transportation that involves one or more sea crossings other than as specified in clause (D) of this paragraph, each land journey shall be considered separately. (6) The term '^United States" means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. DUTIES OP THE SECRETARY OF AGRICULTURE 7 use 4403. SEC. 4. The Secretary of A^culture of the United States shall be the competent authority to implement the agreement. To ensure compliance with the standards specified in the agreement, the Secretary of Agriculture m a y - CD designate appropriate organizations to inspect or test equipment, or both; (2) issue certificates of compliance in accordance with annex 1, appendix 1, paragraph 4 of the agreement; (3) prescribe such regulations as may be necessary to imple- ment the agreement and administer this Act, including, but not limited to, provision for suspending or denying the designation of any organization to inspect or test equipment and for denying the issuance of certificates of compliance as may be necessary to ensure compliance with the provisions of this Act and the regulations issued thereunder; Inspections. (4) make periodic onsite inspections of facilities and proce- dures used by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this Act; Reports. (5) require submission of reports by those seeking certificates of compliance and by organizations designated to test or inspect equipment under this Act; Records. (6) require maintenance of records by those seeking certifi- cates of compliance and by organizations designated to test or insi)ect equipment under this Act, such records to be made available to the Secretary upon request;
PUBLIC LAW 97-325—OCT. 15, 1982 96 STAT. 1605 (7) inform contracting parties, through the Secrete^ of State of the United States, of all general measures taken in connec- tion with the implementation of the agreement; and (8) take such other action as may be considered appropriate to implement the agreement and administer this Act. DUTIES OF THE SECRETARY OF STATE SEC. 5. The Secretary of State, with the concurrence of the Secre- '^ use 4404. tary of Agriculture, may take such action as may be considered appropriate to assert and protect the rights of the United States under the agreement. FEES FOR T E S T I N G , INSPECTION OR CERTIFICATION SEC. 6. (a) Any organization designated by the Secretary of Agri- '^ use 4405. culture to test or inspect equipment may establish reasonable fees to cover the costs of such testing or inspection. Such fees shall be payable directly to the organization by those seeking inspection or testing. (b) TTie Secretary of Agriculture may, effective October 1,1982, fix and cause to be collected reasonable fees to cover, as nearly as practicable, the costs to the Department of Agriculture incurred in connection with the issuance of certificates of compliance as pro- vided under section 4(2) of this Act. All fees collected shall be credited to the current appropriation account that incurs the cost and shall be available without fiscal year limitation to pay the expenses of the Secretary of Agriculture incident to the issuance of certificates of compliance under this Act. AUTHORIZATION FOR APPROPRIATIONS SEC. 7. There are authorized to be appropriated to the Secretary of "^ use 4406. Agriculture for the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, such siuns as are necessary to carry out the provisions of this Act, but not to exceed $100,000 in any fiscal year. ASSISTANT SECRETARY OF AGRICULTURE SEC. 8. (a) There shall be in the Department of Agriculture, in '^ use 2212c. addition to the Assistant Secretaries now provided for by law, an additional Assistant Secretary of Agriculture who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be responsible for such duties as the Secretary of Agriculture shall prescribe and shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of Agriculture. (b) Section 5315 of title 5 of the United States Code is amended bv striking out "(6)" following "Assistant Secretaries of Agriculture and inserting in lieu thereof "(7)". (c) Section 5316 of title 5 of the United States Code is amended by striking out "Assistant Secretary of Agriculture for Administra- tion."
96 STAT. 1606 PUBLIC LAW 97-325—OCT. 15, 1982 Repeal. (d) Section 3 of Reorganization Plan Numbered 2 of 1953 (67 Stat 5 use app; ^33) jg repealed. Effective ditT*^ (®^ ' ^ ^ section shall take effect on the date of enactment of this 7 use 2212c Act except that subsections (c) and (d) of this section shall take effect note. upon the appointment of a person to fill the successor position created by subsection (a) of this section. Approved October 15, 1982. LEGISLATIVE HISTORY—H.R. 6164 (S. 2351): HOUSE REPORT No. 97-516 (eomm. on Agriculture). SENATE REPORT No. 97-406 accompanying S. 2351 (eomm. on Agriculture, Nutri- tion, and Forestry). eONGRESSIONAL REeORD, Vol. 128 (1982): May 18, considered and passed House. Sept. 29, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendments.