text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Hass Avocado Quality Assurance Act 
  of 2007''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--Congress finds the following:
              (1) Hass avocados are an integral food source in the United 
          States that are a valuable and healthy part of the human diet 
          and are enjoyed by millions of persons every year for a 
          multitude of everyday and special occasions.
              (2) Hass avocados are a significant tree fruit crop grown 
          by many individual producers both domestically and abroad.
              (3) Hass avocados move in interstate and foreign commerce 
          and Hass avocados that do not move in interstate or foreign 
          channels of commerce but only in intrastate commerce directly 
          affect interstate commerce of Hass avocados.
              (4) The maintenance and expansion of markets in existence 
          on the date of enactment of this Act, and the development of 
          new or improved markets or uses for Hass avocados, are needed 
          to preserve and strengthen the economic viability of the 
          domestic Hass avocado industry for the benefit of producers, 
          importers, and other persons associated with the producing, 
          importing, marketing, processing, and consuming of Hass 
          avocados.
              (5) The marketing of immature Hass avocados adversely 
          affects demand for all Hass avocados because immature avocados 
          are unpalatable and unfit for human consumption and, when 
          marketed, result in dissatisfied customers who will cease 
          purchasing Hass avocados.
              (6) There is no better method of ensuring the maturity of 
          Hass avocados than through requiring that Hass avocados meet an 
          established mandatory minimum maturity standard, as measured by 
          percentage of dry matter.
              (7) The application of consistent and mandatory minimum 
          maturity standards for all Hass avocados is necessary for the 
          maintenance, expansion, and development of markets for Hass 
          avocados.
      (b) Purpose.--It is the purpose of this Act to set forth certain 
  mandatory quality standards in the form of mandatory minimum maturity 
  requirements for all Hass avocados, and to provide the Secretary with 
  the authority necessary to ensure that such standards are met, with the 
  intention of--
              (1) strengthening the position of the Hass avocado industry 
          in the domestic marketplace; and
              (2) maintaining, developing, and expanding markets and uses 
          for Hass avocados.
  
  SEC. 3. MATURITY REQUIREMENTS FOR HASS AVOCADOS.
  
      Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
  et seq.) is amended by adding at the end the following:
  
  ``SEC. 209. MATURITY REQUIREMENTS FOR HASS AVOCADOS.
  
      ``(a) In General.--Not later than 180 days after the date of the 
  enactment of the Hass Avocado Quality Assurance Act of 2007, the 
  Secretary of Agriculture shall issue final regulations to ensure that 
  all Hass avocados sold to consumers in the United States meet the 
  minimum maturity standards (as measured by percentage of dry matter) 
  for sale to a consumer of the State of California, as required by 
  regulations issued pursuant to chapter 9 of division 17 of the 
  California Food and Agricultural Code or any succeeding provision of 
  California law governing the minimum maturity standards of Hass 
  avocados for sale to a consumer.
      ``(b) Exceptions.--Subsection (a) and the regulations issued 
  pursuant to subsection (a) shall not apply to Hass avocados--
              ``(1) intended for consumption by charitable institutions;
              ``(2) intended for distribution by relief agencies;
              ``(3) intended for commercial processing into products; or
              ``(4) that the Secretary determines should not be subject 
          to such subsection or such regulations.
      ``(c) Use of Existing Inspectors.--The Secretary shall, to the 
  greatest extent practicable, use inspectors that inspect avocados for 
  compliance with section 8e of the Agricultural Adjustment Act (7 U.S.C. 
  608e-1), reenacted with amendments by the Agricultural Marketing 
  Agreement Act of 1937, to conduct inspections under this section.
      ``(d) Penalties.--
              ``(1) Diversion.--The Secretary may divert, export, or 
          repack and reinspect any Hass avocados that do not meet the 
          requirements of this section or the regulations issued pursuant 
          to this section.
              ``(2) Civil penalties.--The Secretary may require any 
          person who violates this section or the regulations issued 
          pursuant to this section to--
                      ``(A) forfeit to the United States a sum equal to 
                  the value of the commodity at the time of violation, 
                  which forfeiture shall be recoverable in a civil suit 
                  brought in the name of the United States; or
                      ``(B) on conviction, be fined not less than $50 or 
                  more than $5,000 for each violation.
      ``(e) Fees.--The Secretary may prescribe and collect fees to cover 
  the costs of providing for the inspection of Hass avocados under this 
  section. All fees and penalties collected shall be credited to the 
  accounts that incur such costs and shall remain available until 
  expended without fiscal year limitation.
      ``(f) Authorization of Appropriations.--There are authorized to be 
  appropriated such sums as may be necessary to carry out this 
  section.''.
  
  SEC. 4. SEVERABILITY.
  
      If any provision of this Act or the amendment made by this Act, or 
  the application of such provision to any person or circumstance, is 
  held invalid, the remainder of this Act and the amendment made by this 
  Act, and the application of such provision to other persons not 
  similarly situated or to other circumstances, shall not be affected by 
  such invalidation.
target: Hass Avocado Quality Assurance Act of 2007 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to provide for mandatory minimum maturity standards for all domestic and imported Hass avocados sold to consumers in California.
  
  Provides exceptions for commercial processing and charitable and relief uses.
  
  Sets forth penalty provisions.
feat_title: A bill to amend the Agricultural Marketing Act of 1946 to provide for the application of mandatory minimum maturity standards applicable to all domestic and imported Hass avocados.