Page:United States Statutes at Large Volume 104 Part 5.djvu/239

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3561 (i) IMPORTED AND DOMESTIC PRODUCTS. — The program shall apply to imported and domestic perishable agricultural products (including fresh fruits and vegetables). (ii) IMPORTED PERISHABLE AGRICULTURAL PRODUCTS.— The labeling program shall apply to imported perishable agricultural products that enter the United States marked as to the country of origin and that are in compliance with section 304(a) of the Tariff Act of 1930. (C) EXEMPTIONS.—The Secretary may provide for exemptions for products that are exempted, under section 304(a)(3)(J) of the Tariff Act of 1930, from the country of origin marking requirements of that Act. (c) AUTHORIZATION OF APPROPRIATIONS.—T here are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 1306. ENFORCEMENT OF HANDLER ASSESSMENTS. Section 8c(14) of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(14)) is amended— (1) in subparagraph (A) by— (A) striking "(other than a provision calling for payment of a pro rata share of expenses)"; and (B) striking ": Provided, That if and inserting ". If; and (2) in subparagraph (B) by striking "(other than a provision calling for payment of a pro rata share of expenses)". SEC. 1307. KIWIFRUIT AND OTHER FRUIT. The first sentence of section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-l), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking "or eggplants" and inserting "eggplants, kiwifruit, nectarines, plums, pistachios, or apples". SEC. 1308. MARKETING ORDERS. Section 8e of the Agricultural Adjustment Act (7 U.S.C. 608e-l), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by— (1) striking "(a) Notwithstanding any other provision of law," in the first sentence, and inserting in its place "(a) Subject to the provisions of subsections (c) and (d) and notwithstanding any other provision of law,"; (2) adding at the end thereof the following new subsections: "(c) Prior to any import prohibition or regulation under this Imports. section being made effective with respect to any commodity— "(1) the Secretary of Agriculture shall notify the United States Trade Representative of such import prohibition or regulation; and "(2) the United States Trade Representative shall advise the Secretary of Agriculture, within 60 days of the notification under paragraph (1), to ensure that the application of the grade, size, quality, and maturity provisions of the relevant marketing order, or comparable restrictions, to imports is not inconsistent with United States international obligations under any trade agreement, including the General Agreement on Tariffs and Trade. "(d) The Secretary may proceed with the proposed prohibition or regulation if the Secretary receives the advice and concurrence of

�