article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Promotion Equity Act''. SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM. (a) Declaration of Policy.--The first sentence of section 110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended-- (1) by inserting after ``commercial use'' the following: ``and on imported dairy products''; and (2) by striking ``products produced in'' and inserting ``products produced in or imported into''. (b) Definitions.--Section 111 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502) is amended-- (1) in subsection (k), by striking ``and'' at the end; (2) in subsection (l), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(m) the term `imported dairy product' means any dairy product that is imported into the United States, including-- ``(1) milk and cream and fresh and dried dairy products; ``(2) butter and butterfat mixtures; ``(3) cheese; ``(4) casein and mixtures; and ``(5) other dairy products; and ``(n) the term `importer' means a person that imports an imported dairy product into the United States.''. (c) Funding.-- (1) Representation on board.--Section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is amended-- (A) by designating the first through ninth sentences as paragraphs (1) through (5) and paragraphs (7) through (10), respectively; (B) in paragraph (1) (as so designated), by striking ``thirty-six'' and inserting ``38''; (C) in paragraph (2) (as so designated), by striking ``Members'' and inserting ``Of the members of the Board, 36 members''; and (D) by inserting after paragraph (5) (as so designated) the following: ``(6) Importers.-- ``(A) In general.--Of the members of the Board, 2 members shall be representatives of importers of imported dairy products. ``(B) Appointment.--The importer representatives shall be appointed by the Secretary from nominations submitted by importers under such procedures as the Secretary determines to be appropriate.''. (2) Assessment.--Section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended-- (A) by designating the first through fifth sentences as paragraphs (1) through (5), respectively; and (B) by adding at the end the following: ``(6) Importers.-- ``(A) In general.--The order shall provide that each importer of imported dairy products shall pay an assessment to the Board in the manner prescribed by the order. ``(B) Rate.--The rate of assessment on imported dairy products shall be determined in the same manner as the rate of assessment per hundredweight or the equivalent of milk. ``(C) Value of products.--For the purpose of determining the assessment on imports under subparagraph (B), the value to be placed on imported dairy products shall be established by the Secretary in a fair and equitable manner.''. (3) Records.--The first sentence of section 113(k) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k)) is amended by striking ``person receiving'' and inserting ``importer of imported dairy products, each person receiving''. (4) Referendum.--Section 116 of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4507) is amended by adding at the end the following: ``(d) Referendum on Dairy Promotion Equity Act.-- ``(1) In general.--On the request of a representative group comprising 10 percent or more of the number of producers subject to the order, the Secretary shall-- ``(A) conduct a referendum to determine whether the producers favor suspension of the application of the amendments made by section 2 of the Dairy Promotion Equity Act; and ``(B) suspend the application of the amendments until the results of the referendum are known. ``(2) Continuation of suspension.--The Secretary shall continue the suspension of the application of the amendments referred to in paragraph (1)(A) only if the Secretary determines that suspension of the application of the amendments is favored by a majority of the producers voting in the referendum who, during a representative period (as determined by the Secretary), have been engaged in the production of milk for commercial use.''.
summary: Dairy Promotion Equity Act - Amends the Dairy Production Stabilization Act of 1983 to: (1) require dairy importers to contribute to the dairy promotion program; (2) increase National Dairy Board membership by including importers; and (3) provide for a referendum regarding suspension of certain provisions under the Dairy Promotion Equity Act.