legislation: 95-s-3617
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| 95-s-3617 | 95 | s | 3617 | National Agricultural Bargaining Systems Act | 1978-10-14 | 1978-10-14 | Referred to Senate Committee on Agriculture, Nutrition and Forestry. | Senate | Sen. Hart, Gary W. [D-CO] | CO | D | H000287 | 0 | National Agricultural Bargaining Systems Act - Creates the National Agricultural Relations Board, appointed by the President with the advice and consent of the Senate, which, upon a finding by the Secretary of Agriculture or a petition by producers stating that the average market price received by them for a particular commodity or commodities (wheat, feed grains, or soybeans) is or may reasonably be expected to be below a fair and reasonable price, shall promptly conduct a referendum among such producers to determine whether or not a majority of them favor the establishment of a representative bargaining committee of such producers for the purpose of negotiating with business purchasers of such commodity or commodities to determine a fair minimum price and nonprice terms for sales and purchases. Specifies balloting procedure and voter eligibility requirements for such referenda. Provides a procedure for terminating the existence of a bargaining committee. Requires each newly established bargaining committee to: (1) determine and designate who the appropriate purchasers are likely to be; (2) establish and announce the minimum price by size, grade, quality, or other type of condition, and other nonprice terms of sale for the commodity or commodities concerned; (3) establish reasonable rules for the operation of, and terms of service on, the bargaining committee; (4) request the Board to submit referenda to producers from time to time for the committee's guidance; and (5) recommend to the Board the institution of injunctive or other related actions to prevent any buyer from purchasing or any producer from selling the commodity or commodities concerned at less than the established minimum price. Provides for a joint settlement committee to mediate and resolve negotiating impasses between committees and purchasers. Prohibits the sale or purchase of the commodity or commodities concerned at prices lower than the minimum agreed upon and fixed by the bargaining committees and the purchasers' representatives, or by a joint settlement committee. Requires compliance with such minimum prices as a condition of eligibility for price support, loans, purchases, and other similar payments. Establishes a civil penalty for violation of this prohibition; and provides for exemptions. Prohibits bargaining committees from engaging in specified lobbying and political activities. Authorizes any bargaining committee to impose a reasonable assessment (not to exceed an amount equal to one-half of one percent of the annual total value of the commodity or commodities a producer has sold) upon the producers who have elected it, but only for the purpose of defraying expenses, not for market development or commodity promotion. Requires all producers to keep records and furnish their appropriate committees with reports respecting production, storage, and marketing. Exempts from the antitrust laws of the United States the bargaining and negotiating activities, and the resultant price agreements, of committees and purchasers' representatives. Directs the Secretary to initiate cease and desist actions against committees and representatives which agree to increase a commodity price by an unreasonable amount. Provides for referenda respecting the imposition of marketing allotments in the event that, for any marketing year, the total supply of a commodity or commodities substantially exceeds demand, following the establishment of a minimum price. Specifies prohibited practices and penalties therefor. | 2025-09-02T17:14:35Z |