text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Dairy Promotion Fairness Act''.
  
  SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
  
      (a) Declaration of Policy.--Section 110(b) of the Dairy Production 
  Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended--
              (1) in the first sentence--
                      (A) by inserting after ``commercial use'' the 
                  following: ``and on imported dairy products''; and
                      (B) by striking ``products produced in the United 
                  States.'' and inserting ``products.''; and
              (2) in the second sentence, by inserting after ``produce 
          milk'' the following: ``or the right of any person to import 
          dairy products''.
      (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 
          dairy products imported into the United States in the form of--
                      ``(1) milk, cream, and fresh and dried dairy 
                  products;
                      ``(2) butter and butterfat mixtures;
                      ``(3) cheese; and
                      ``(4) casein and mixtures;
              ``(n) the term `importer' means a person that imports an 
          imported dairy product into the United States; and
              ``(o) the term `Customs' means the United States Customs 
          Service.''.
      (c) Representation of Importers on Board.--Section 113(b) of the 
  Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is 
  amended--
              (1) by inserting ``National Dairy Promotion and Research 
          Board.--'' after ``(b)'';
              (2) by designating the first through ninth sentences as 
          paragraphs (1) through (5) and paragraphs (7) through (10), 
          respectively, and indenting the paragraphs appropriately;
              (3) in paragraph (2) (as so designated), by striking 
          ``Members'' and inserting ``Except as provided in paragraph 
          (6), the members''; and
              (4) by inserting after paragraph (5) (as so designated) the 
          following:
              ``(6) Importers.--
                      ``(A) Representation.--The Secretary shall appoint 
                  not more than 2 members who represent importers of 
                  dairy products and are subject to assessments under the 
                  order, to reflect the proportion of domestic production 
                  and imports supplying the United States market, which 
                  shall be based on the Secretary's determination of the 
                  average volume of domestic production of dairy products 
                  proportionate to the average volume of imports of dairy 
                  products in the United States over the previous three 
                  years.
                      ``(B) Additional members; nominations.--The members 
                  appointed under this paragraph--
                              ``(i) shall be in addition to the total 
                          number of members appointed under paragraph 
                          (2); and
                              ``(ii) shall be appointed from nominations 
                          submitted by importers under such procedures as 
                          the Secretary determines to be appropriate.''.
      (d) Importer Assessment.--Section 113(g) of the Dairy Production 
  Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
              (1) by inserting ``Assessments.--'' after ``(g)'';
              (2) by designating the first through fifth sentences as 
          paragraphs (1) through (5), respectively, and indenting 
          appropriately; and
              (3) 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) Time for payment.--The assessment on imported 
                  dairy products shall be paid by the importer to Customs 
                  at the time of the entry of the products into the 
                  United States and shall be remitted by Customs to the 
                  Board. For purposes of this subparagraph, entry of the 
                  products into the United States shall be deemed to have 
                  occurred when the products are released from custody of 
                  Customs and introduced into the stream of commerce 
                  within the United States. Importers include persons who 
                  hold title to foreign-produced dairy products 
                  immediately upon release by Customs, as well as persons 
                  who act on behalf of others, as agents, brokers, or 
                  consignees, to secure the release of dairy products 
                  from Customs and the introduction of the released dairy 
                  products into the stream of commerce.
                      ``(C) 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.
                      ``(D) Value of products.--For the purpose of 
                  determining the assessment on imported dairy products 
                  under subparagraph (C), the value to be placed on 
                  imported dairy products shall be established by the 
                  Secretary in a fair and equitable manner.
                      ``(E) Use of Assessments on Imported Dairy.--
                  Assessments collected on imported dairy products shall 
                  not be used for foreign market promotion.''.
      (e) Records.--Section 113(k) of the Dairy Production Stabilization 
  Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by 
  striking ``person receiving'' and inserting ``importer of imported 
  dairy products, each person receiving''.
      (f) Importer Eligibility to Vote in Referendum.--Section 116(b) of 
  the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is 
  amended--
              (1) in the first sentence--
                      (A) by inserting after ``of producers'' the 
                  following: ``and importers''; and
                      (B) by inserting after ``the producers'' the 
                  following: ``and importers''; and
              (2) in the second sentence, by inserting after ``commercial 
          use'' the following: ``and importers voting in the referendum 
          (who have been engaged in the importation of dairy products 
          during the same representative period, as determined by the 
          Secretary).''.
target: Dairy Promotion Fairness Act - Amends the Dairy Production Stabilization Act of 1983 to define "imported dairy product" and "importer" for purposes of the dairy promotion program.Directs the Secretary of Agriculture to appoint up to two qualifying dairy importers to the National Dairy Promotion and Research Board.Requires dairy importers to contribute to the dairy promotion program.Makes both importers and producers (currently, limited to producers) eligible to vote in referendums.
feat_title: To amend the Dairy Production Stabilization Act of 1983 to ensure that all persons who benefit from the dairy promotion and research program contribute to the cost of the program, and for other purposes.