S.Amdt. 3505

SA 3505. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in the miscellaneous title, insert the following:

SEC. ___. LEAFY GREEN VEGETABLES.

(a) Findings.--Congress finds that--

(1) unique requirements exist with respect to the production of safe, nutritious, and healthy leafy green vegetables; and

(2) it is necessary to regulate the production of leafy green vegetables under 1 marketing order that encompasses all leafy green vegetable production in the United States.

(b) National Marketing Orders.--Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended--

(1) in paragraph (8)--

(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately;

(B) by striking the paragraph designation and heading and all that follows through “Except” and inserting the following:

“(8) Orders with marketing agreements.--

“(A) In general.--Subject to subparagraph (B) and except”; and

(C) by adding at the end the following:

“(B) Leafy green vegetables.--

“(i) Definition of leafy green vegetable.--In this subparagraph, the term ‘leafy green vegetable' includes--

“(I) arugula;

“(II) baby leaf lettuce (immature lettuce or leafy greens);

“(III) butter lettuce;

“(IV) chard;

“(V) endive (excluding Belgian endive);

“(VI) escarole;

“(VII) green leaf lettuce;

“(VIII) green, red, and savoy cabbage;

“(IX) iceberg lettuce;

“(X) kale;

“(XI) red leaf lettuce;

“(XII) romaine lettuce;

“(XIII) spinach; and

“(XIV) spring mix.

“(ii) Approval by handlers.--Notwithstanding any other provision of this Act, the Secretary may establish a national marketing order for leafy green vegetables only on approval by--

“(I) \2/3\ of the total number of handlers of leafy green vegetables in all States that participate in an election held by the Secretary for purposes of the approval; or

“(II) handlers of leafy green vegetables that, as determined by the Secretary, handle not less than \2/3\ of the volume of leafy green vegetables handled by the total number of handlers of leafy green vegetables in all States that participate in an election held by the Secretary for purposes of the approval.

“(iii) Contents.--A marketing order established pursuant to this subparagraph may provide quality requirements relating to food safety in the production and processing of leafy green vegetables.

“(iv) Period of effectiveness.--A marketing order established pursuant to this subparagraph shall remain in effect until the earlier of--

“(I) the date of termination of the marketing order under paragraph (16)(B)(ii); and

“(II) the date on which the Secretary of Health and Human Services assumes responsibility, pursuant to Federal law, for safe handling in the leafy green vegetable industry.”; and

(2) in paragraph (16)(B)--

(A) by striking “(B) The Secretary” and inserting the following:

“(B) Termination of marketing agreements.--

“(i) In general.--Except as provided in clause (ii), the Secretary”; and

(B) by adding at the end the following:

“(ii) Leafy green vegetables.--Notwithstanding clause (i), the Secretary may terminate a marketing order established pursuant to paragraph (8)(B) only on approval by--

“(I) \1/2\ of the total number of handlers of leafy green vegetables in all States that participate in an election held by the Secretary for purposes of the approval; or

“(II) handlers of leafy green vegetables that, as determined by the Secretary, handle more than \1/2\ of the volume of leafy green vegetables handled by the total number of handlers of leafy green vegetables in all States that participate in an election held by the Secretary for purposes of the approval.”.

(c) Limitations on Importation.--Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-1(a)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended in the first sentence by inserting “leafy green vegetables,” after “pistachios,”.