07 CFR 945.42 Assessments.
(a) The funds to cover the committee's expenses pursuant to 945.40
shall be acquired by the levying of assessments upon handlers as
provided in this subpart. Each handler who ships potatoes as the first
handler thereof shall pay assessments to the committee upon demand,
which assessments shall be in payment of such handler's pro rata share
of such expenses.
(b) Assessments shall be levied upon handlers at rates established by
the Secretary, but not to exceed $1.00 per carload, or equivalent
quantity. Such rates may be established upon the basis of the
committee's recommendations or other available information.
(c) At any time during or subsequent to a given fiscal period, the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendation, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all potatoes assessable under this part
and handled by the first handler thereof during such fiscal period.
07 CFR 945.43 Accounting.
(a) All funds received by the committee pursuant to the provisions of
this part shall be used solely for the purposes specified in this part.
(b) The Secretary may at any time require the committee, its members
and alternates, employees, agents, and all other persons to account for
all receipts and disbursements, funds, property, and records for which
they are responsible. Whenever any person ceases to be a member or
alternate of the committee, he shall account for all receipts,
disbursements, funds, and property (including but not limited to books
and other records) pertaining to the committee's activities for which he
is responsible, and deliver all such property and funds in his hands to
such successor, agency, or person as may be designated by the Secretary,
and shall execute such assignments and other instruments as may be
necessary or appropriate to vest in such successor, agency, or
designated person, the right to all of such property and funds and all
claims vested in such person.
(c) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person or persons to act as
trustee or trustees for holding records, funds, or any other committee
property during periods of suspension of this part, or during any period
or periods when regulations are not in effect and, if the Secretary
determines such action appropriate, he may direct that such person or
persons shall act as trustee or trustees for the committee.
07 CFR 945.44 Excess funds.
(a) The funds remaining at the end of a fiscal period which are in
excess of the expenses necessary for committee operations during such
period may be carried over, with the approval of the Secretary, into
following periods as a reserve. Such reserve shall be established at an
amount not to exceed approximately one fiscal period's budgeted
expenses. Funds in such reserve shall be available for use by the
committee for expenses authorized under 945.40.
(b) Funds in excess of those placed in the operating reserve shall be
credited proportionately against a handler's operations of the following
fiscal period, except that if the handler demands payment, such
proportionate refund shall be paid to such handler.
(c) Upon termination of this part, any funds not required to defray
the necessary expenses of liquidation shall be disposed of in such
manner as the Secretary may determine to be appropriate. To the extent
practical, such funds shall be returned pro rata to the persons from
whom such funds were collected.
(23 FR 5709, July 30, 1958. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 53 FR 3189, Feb. 4, 1988)
07 CFR 945.44 Regulations
07 CFR 945.50 Marketing policy.
(a) Preparation. Prior to or at the same time as recommendations are
made pursuant to 945.51, the committee shall consider, and prepare, a
proposed policy for the marketing of potatoes. In developing its
marketing policy the committee shall investigate relevant supply and
demand conditions for potatoes. In such investigations the committee
shall give appropriate consideration to the following:
(1) Market prices for potatoes, including prices by grade, size, and
quality, in different packs, and in different containers;
(2) Supplies of potatoes by grade, size, and quality in the
production area and in other potato producing areas;
(3) The trend and level of consumer income;
(4) Establishing and maintaining orderly marketing conditions for
potatoes;
(5) Orderly marketing of potatoes as will be in the public interest;
and
(6) Other relevant factors.
(b) Reports. (1) The committee shall promptly submit a report to the
Secretary setting forth the aforesaid marketing policy and shall notify
producers and handlers of the contents of such report.
(2) In the event it becomes advisable to deviate from such marketing
policy because of changed supply and demand conditions, the committee
shall formulate a new or revised marketing policy in the manner set
forth in this section. The committee shall promptly submit a report
thereon to the Secretary and notify producers and handlers of the
contents of such report on the new or revised marketing policy.
07 CFR 945.51 Recommendation for regulations.
Whenever the committee deems it advisable that the handling of
potatoes be regulated pursuant to 945.52, or 945.53, or both, it shall
recommend to the Secretary grade, size, quality, or maturity regulation,
or any combination thereof, or amendment thereto, or modification,
suspension, or termination thereof, whenever it finds that such
regulation, as provided in such sections, will tend to effectuate the
declared policy of the act.
07 CFR 945.52 Issuance of regulations.
(a) The Secretary shall limit the handling of potatoes whenever he
finds from the recommendations and information submitted by the
committee, or from other available information, that such regulation
will tend to effectuate the declared policy of the act. Such limitation
may:
(1) Regulate in any or all portions of the production area, the
handling of particular grades, sizes, qualities, or maturities, or any
combination thereof, of any or all varieties of potatoes during any
period; or
(2) Regulate the shipment of particular grades, sizes, qualities, or
maturities of potatoes differently, for different varieties, for
different portions of the production area, for different packs, for
different containers, or for any combination of the foregoing, during
any period; or
(3) Fix the size, capacity, weight, dimensions, or pack of the
container, or containers, which may be used in the packaging or handling
of potatoes, or both; or
(4) Regulate the shipment of potatoes by establishing, in terms of
grades, sizes, or both, minimum standards of quality and maturity.
07 CFR 945.53 Shipments for specified purposes.
Whenever the Secretary finds, upon the basis of the recommendations
and information submitted by the committee, or from other available
information, that it will tend to effectuate the declared policy of the
act, he shall modify, suspend, or terminate regulations under or
pursuant to 945.42, 945.52, or 945.65, or any combination thereof in
order to facilitate shipments of potatoes for the following purposes:
(a) Export;
(b) Relief or charity;
(c) Livestock feed;
(d) Certified seed potatoes;
(e) Processing into specified products; and
(f) Such other purposes which may be specified by the Committee, with
the approval of the Secretary.
07 CFR 945.54 Minimum quantity exemption.
The committee, with the approval of the Secretary, may establish, for
any or all portions of the production area, minimum quantities below
which shipments will be free from regulations issued or in effect
pursuant to 945.40 to 945.65, inclusive, or any combination thereof.
07 CFR 945.55 Notification of regulation.
The Secretary shall notify the committee of any regulations issued or
of any modifications, suspension, or termination thereof. The committee
shall give reasonable notice thereof to handlers.
07 CFR 945.56 Safeguards.
(a) The committee, with the approval of the Secretary, may prescribe
adequate safeguards to prevent shipments pursuant to 945.53 from
entering channels of trade and other outlets for other than the specific
purpose authorized therefor.
(b) Safeguards, provided by this section, may include, but shall not
be limited to, requirements that handlers:
(1) Shall obtain the inspection required by 945.65 or pay the
assessment provided by 945.42, or both, in connection with the potato
shipments effected in accordance with 945.53; and
(2) Shall obtain Certificates of Privilege from the committee for
shipments of potatoes effected or to be effected under provisions of
945.53.
(c) The committee, with the approval of the Secretary, shall
prescribe rules governing the issuance and the contents of Certificates
of Privilege.
(d) The committee may rescind, or deny to any handler, Certificates
of Privilege if proof satisfactory to the committee is obtained that
potatoes shipped by him for the purposes stated in 945.53 were handled
contrary to the provisions of this section.
(e) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of potatoes covered by such applications for such certificates, the
number of such applications denied and certificates granted, the
quantity of potatoes shipped under duly issued certificates, and such
other information as may be requested by the Secretary.
07 CFR 945.56 Inspection and Certification
07 CFR 945.65 Inspection and certification.
(a) During any period in which regulations are in effect pursuant to
945.42, 945.52, or 945.53, or any combination thereof, no handler
shall handle potatoes unless such potatoes are inspected by an
authorized representative of the Federal-State Inspection Service, and
are covered by a valid inspection certificate, except when relieved from
such requirements pursuant to recommendations by the committee and
approved by the Secretary.
(b) Regrading, resorting, or repacking any lot of potatoes shall
invalidate any prior inspection certificates covering such potatoes
insofar as the requirements of this section are concerned. During any
period in which shipments of potatoes are regulated, as aforesaid, no
handler shall handle potatoes after they have been regraded, resorted,
repacked, or in any way further prepared for market, unless such
potatoes are inspected and covered by a valid inspection certificate as
required in paragraph (a) of this section.
(c) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate shall be valid may be
established by the committee with the approval of the Secretary; and
such length of time may be different for shipments for different
purposes.
(d) When potatoes are inspected in accordance with the requirements
of this section, a copy of each inspection certificate issued shall be
made available promptly to the committee by the inspection service.
07 CFR 945.65 Compliance
07 CFR 945.70 Compliance.
Except as provided in this part, no handler shall ship potatoes, the
shipment of which has been prohibited by the Secretary in accordance
with provisions of this subpart, and no handler shall ship potatoes
except in conformity to the provisions of this subpart.
07 CFR 945.70 Miscellaneous Provisions
07 CFR 945.80 Reports.
Upon the request of the committee, with approval of the Secretary,
every handler shall furnish to the committee, in such manner and at such
time as may be prescribed, such information as will enable the committee
to exercise its powers and perform its duties under this subpart. The
Secretary shall have the right to modify, change, or rescind any
requests for reports pursuant to this section.
07 CFR 945.81 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 945.82 Effective time.
The provisions of this subpart shall become effective at such time as
the Secretary may declare above his signature attached to this subpart,
and shall continue in force until terminated in one of the ways
specified in this subpart.
07 CFR 945.83 Termination.
(a) The Secretary may, at any time, terminate the provision of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers who, during the preceding fiscal
period, have been engaged in the production for market of potatoes:
Provided, That such majority has, during such period, produced for
market more than fifty percent of the volume of such potatoes produced
for market; but such termination shall be effective only if announced
on or before April 30 of the then current fiscal period.
(d) The Secretary shall conduct a referendum as soon as practicable
after July 31, 1992, and at such time every sixth year thereafter, to
ascertain whether continuance of this order is favored by potato
producers. The Secretary may terminate the provisions of this order at
the end of any fiscal period in which the Secretary has found that
continuance of this order is not favored by producers who, during a
representative period determined by the Secretary, have been engaged in
the production for market of potatoes in the production area.
Termination of the order shall be effective only if announced on or
before July 1 of the then current fiscal period.
(e) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
(23 FR 5709, July 30, 1958. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 53 FR 3189, Feb. 4, 1988)
07 CFR 945.84 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart the then
functioning members of the committee shall continue as trustees, for the
purpose of liquidating the affairs of the committee, of all the funds
and property then in the possession of or under control of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall upon request of the
Secretary execute such assignments or other instruments necessary or
appropriate to vest in such person full title and right to all of the
funds, property, and claims vested in the committee or the trustees
pursuant thereto.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 945.85 Effect of termination or amendments.
(a) Unless otherwise expressly provided by the Secretary, the
termination of this subpart or of any regulation issued pursuant to this
subpart, or the issuance of any amendments to either thereof, shall not
(1) affect or waive any right, duty, obligation, or liability which
shall have arisen or which may thereafter arise in connection with any
provision of this subpart or any regulation issued under this subpart,
or (2) release or extinguish any violation of this subpart or of any
regulation issued under this subpart, or (3) affect or impair any rights
or remedies of the Secretary or of any other person with respect to any
such violation.
(b) The persons who are committee members and alternates on the
effective date of this subpart shall continue in office until their
successors have been selected and have qualified. All rules and
regulations issued or approved by the Secretary pursuant to this part
(Order No. 945, as amended) and not in conflict herewith, which are in
effect immediately prior to the date of this amendment shall continue in
effect under this subpart as originally issued, or subsequently
modified, until such rules and regulations are changed, modified, or
suspended in accordance with this subpart.
07 CFR 945.86 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 945.87 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the Government, or name any bureau
or division in the United States Department of Agriculture, to act as
his agent or representative in connection with any of the provisions of
this subpart.
07 CFR 945.88 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers, granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 945.89 Personal liability.
No member or alternate of the committee, nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, or employee, except
for acts of dishonesty.
07 CFR 945.90 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing, shall
not be affected thereby.
07 CFR 945.91 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 945.91 Subpart -- Rules and Regulations
Source: 24 FR 8688, Oct. 27, 1959, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 945.100 Communications.
Unless otherwise provided by specific direction of the committee, all
reports, applications, submittals, requests, and communications in
connection with the marketing agreement and order, both as amended,
shall be addressed to the committee at its principal office.
07 CFR 945.100 Definitions
07 CFR 945.110 Order.
''Order'' means Order No. 945, as amended, effective September 1,
1958 ( 945.1 through 945.91) regulating the handling of Irish potatoes
grown in Malheur County, Oregon, and the counties of Adams, Valley,
Lemhi, Clark, and Fremont in the State of Idaho, and all of the counties
in Idaho lying south thereof.
07 CFR 945.111 Fiscal period.
The fiscal period that began June 1, 1981, shall end July 31, 1982.
Each year thereafter ''fiscal period'' shall mean the period beginning
August 1 and ending the following July 31.
(47 FR 17272, Apr. 22, 1982)
07 CFR 945.112 Terms.
Terms used in this subpart shall have the same meaning as when used
in the marketing agreement and order, both as amended.
07 CFR 945.112 Certificates of Privilege
07 CFR 945.120 General.
Whenever shipments of potatoes for special purposes pursuant to
945.53 are relieved in whole or in part from grade and size regulations
issued under 945.52 the committee shall require information and
evidence as to the manner, methods, and timing of such shipments as
safeguards against the entry of any such potatoes into trade channels
other than those for which intended. Such information and evidence
shall include the requirements set forth below with respect to
Certificates of Privilege.
07 CFR 945.121 Qualification.
Before handling potatoes for special purposes which do not meet
regulations issued pursuant to 945.52 a handler must qualify with the
committee to handle shipments for special purposes. To qualify he must
(a) apply for and receive a Certificate of Privilege indicating his
intent to so handle potatoes; (b) agree to comply with reporting and
other requirements set forth in 945.121 to 945.125, inclusive, with
respect to such shipments; and (c) receive approval of the committee,
or its duly authorized agents, to so handle potatoes. Such approval
will be based upon evidence furnished in his application for a
Certificate of Privilege, and other information available to the
committee.
07 CFR 945.122 Application.
(a) Application for a Certificate of Privilege shall be made on forms
furnished by the committee. Each application may contain, but need not
be limited to, the name and address of the handler; the quantity by
grade, size, quality and variety of the potatoes to be shipped; the
mode of transportation; the consignee; the destination; the purpose
for which the potatoes are to be used; a certification to the United
States Department of Agriculture and to the committee as to the
truthfulness of the information shown thereon; and any other
appropriate information or documents deemed necessary by the committee
or its duly authorized agents for the purpose stated in 945.120.
(b) The committee may require each handler making shipments of
potatoes for export to include with his application a copy of the
Department of Commerce Shipper's Export Declaration Form No. 7525-V
applicable to such shipment.
07 CFR 945.123 Approval.
The committee or its duly authorized agents shall give prompt
consideration to each application for a Certificate of Privilege.
Approval of an application, based upon a determination as to whether the
information contained therein and other information available to the
committee supports approval, shall be evidenced by the issuance of a
Certificate of Privilege to the applicant. Each certificate shall cover
a specified period, and specified qualities and quantities of potatoes
to be sold or transported to the designated consignee for the purposes
declared.
07 CFR 945.124 Reports.
Each handler of potatoes shipping under Certificates of Privilege
shall supply the committee with reports as requested by the committee or
its duly authorized agents showing the name and address of the shipper;
the car or truck identification; the loading point; destination;
consignee; the inspection certificate number when inspection is
required; and any other information deemed necessary by the committee.
07 CFR 945.125 Disqualification.
The committee from time to time may conduct surveys of handling of
potatoes for special purposes requiring Certificates of Privilege to
determine whether handlers are complying with the requirements and
regulations applicable to such certificates. Whenever the committee
finds that a handler or consignee is failing to comply with requirements
and regulations applicable to handling of potatoes in special outlets,
and requiring such certificates, a Certificate or Certificates of
Privilege issued such handler may be rescinded and further certificates
denied. Such disqualification shall apply to, and not exceed, a
reasonable period of time as determined by the committee but in no event
shall it extend beyond the end of the succeeding fiscal period. Any
handler who has a certificate rescinded or denied may appeal to the
committee in writing for reconsideration of his disqualification.
07 CFR 945.130 Reestablishment of districts and reapportionment of
committee membership.
(a) Pursuant to 945.23: (1) The following new districts are
established;
(i) District No. 1, the counties of Bonneville, Butte, Clark,
Freemont, Jefferson, Madison, and Teton;
(ii) District No. 2, the counties of Bannock, Bear Lake, Bingham,
Caribou, Franklin, Oneide, and Power; and
(iii) District No. 3, Malheur County, Oreg., and the remaining
designated counties in Idaho included in the production area, and not
included in District No. 1 or District No. 2.
(2) The membership of the Idaho-Eastern Oregon Potato Committee shall
be apportioned among the districts of the production area so as to
provide the following representation;
(i) Three producer members and one handler member from District No.
1;
(ii) One producer member and one handler member from District No. 2;
and
(iii) One producer member and one handler member from District No.
3.
The respective alternates shall be selected on the same basis of
representation as the members.
(b) The new districts are hereby established in the current fiscal
year only for the purpose of making nominations of committee members for
the coming fiscal year. The new districts are to be established as
operating entities beginning on June 1, 1972.
(c) Terms used in this section have the same meaning as when used in
said marketing agreement and this part.
(37 FR 5007, Mar. 9, 1972)
07 CFR 945.341 Handling regulation.
On and after August 16, 1982, no person shall handle any lot of
potatoes unless such potatoes meet the requirements of paragraphs (a)
through (d) of this section, or unless such potatoes are handled in
accordance with paragraphs (e) and (f), or (g) of this section.
(a) Minimum quality requirements -- (1) Grade -- All varieties. U.S.
No. 2 or better grade.
(2) Size -- (i) Round red varieties. 1 7/8 inches minimum diameter.
(ii) All other varieties. 2 inches minimum diameter, or 4 ounces
minimum weight.
(iii) All varieties. Size B if U.S. No. 1 grade.
(3) Cleanness -- All varieties. ''Fairly clean.''
(b) Minimum maturity requirements -- (1) White Rose and red skin
varieties. Each year from August 1 through December 31, ''moderately
skinned''; during other periods no maturity requirements.
(2) Norgold varieties. Each year from August 1 through August 15,
''moderately skinned''; during other periods ''slightly skinned.''
(3) All other varieties. ''Slightly skinned.''
(4) Exceptions. (i) Subject to complaince with paragraph (b)(4)(iii)
of this section, any lot of potatoes not exceeding a total of 50
hundredweight of such variety may be handled for any producer without
regard to the foregoing maturity requirements.
(ii) If an officially inspected lot of potatoes meets the foregoing
maturity requirements, but fails to meet the grade and size
requirements, the lot may be regraded. If, after regrading, such lot
then meets the grade and size requirements but fails to meet the
maturity requirements, as indicated by the applicable Federal-State
inspection certificate, such lot if not exceeding 100 hundredweight
shall be exempt from the foregoing maturity requirements if the handler
complies with paragraph (b)(4)(iii) of this section.
(iii) Prior to each shipment of potatoes exempt from the foregoing
maturity requirements, the handler thereof shall report to the committee
the name and address of the producer of such potatoes, and each such
shipment shall be handled as an identifiable entity.
(c) Pack. (1) When 50-pound containers (except master containers) of
long varieties of potatoes are marked with a count, size or similar
designation they must meet the count, average count and weight ranges
for the count designation listed below.
The following tolerances by weight, are provided for potatoes in any
lot which fail to meet the weight range for the designated count:
(i) Not to exceed 5 percent for undersize; and
(ii) Not to exceed 10 percent for oversize.
(2) Potatoes packed in 50-pound cartons (except when used as a master
container) shall be U.S. No. 1 or better grade. However, potatoes of
U.S. Extra No. 1 grade shall be no smaller than 110 size nor larger
than 60 size.
(d) Inspection. Except when relieved of such requirement pursuant to
paragraphs (e) and (f), or (g) of this section:
(1) No handler shall handle potatoes unless such potatoes are
inspected by either the Idaho Federal-State Inspection Service or Oregon
Federal-State Inspection Service and are covered by a valid inspection
certificate, and
(2) Each lot moving by truck shall be accompanied by a copy of a
valid inspection certificate.
(3) Inspection certificates for potatoes to be shipped outside the
area of production which are required by this section must be issued
within four days of such shipment. Otherwise, such potatoes can only be
shipped outside the area of production if another inspection is
performed and the potatoes are certified as meeting the minimum grade,
size, maturity, and pack requirements specified in paragraphs (a), (b),
and (c) of this section and if the potatoes are then shipped within the
four day period specified above.
(4) Handlers shall provide the committee with the destination zip
codes of all potatoes handled by permitting the Federal-State Inspection
Service to review the bills of lading upon inspection to determine the
destination zip codes. The zip codes shall be included on the
inspection certificates. Whenever potatoes are diverted to a different
destination, the handler shall notify the committee of the new
destination zip code orally or in writing as soon as practicable.
(e) Special purpose shipments. (1) The minimum grade, size,
cleanness, maturity, and pack requirements set forth in paragraphs (a),
(b), and (c) of this section shall not be applicable to shipments of
prepeeled potatoes as defined in paragraph (h) of this section or
potatoes for any of the following purposes:
(i) Charity;
(ii) Certified seed;
(iii) Experimentation; and
(iv) Canning, freezing and ''other processing'' as hereinafter
defined. Also, shipments of potatoes for the purpose specified in this
subdivision (iv) shall be exempt from inspection requirements specified
in 945.65 and paragraph (d) of this section and from assessment
requirements specified in 945.42.
(2) The minimum grade, size, cleanness, maturity and pack
requirements set forth in paragraphs (a), (b), (c) and (d) of this
section shall be applicable to shipment of potatoes for each of the
following purposes:
(i) Export: Except potatoes of a size not smaller than 1 1/2 inches
in diameter may be shipped if the potatoes grade not less than U.S. No.
2; and
(ii) Prepeeling: Except potatoes of a size not smaller than 1 1/2
inches in diameter may be shipped if the potatoes grade not less than
Idaho Utility or Oregon Utility grade.
(f) Safeguards. (1) Each handler making shipments of potatoes for
charity, experimentation, or export pursuant to paragraph (e) of this
section shall:
(i) First, apply to the committee for and obtain a Certificate of
Privilege to make shipments for each purpose;
(ii) Upon request by the committee, furnish reports of each shipment
pursuant to the applicable Certificate of Privilege;
(iii) At the time of applying to the committee for a Certificate of
Privilege, or promptly thereafter, furnish the committee with a
receiver's or buyer's certification that the potatoes so handled are to
be used only for the purpose stated in the application and that such
receiver will complete and return to the committee such periodic
receiver's reports that the committee may require.
(iv) Mail to the office of the committee a copy of the bill of lading
for each Certificate of Privilege shipment promptly after the date of
shipment, unless other arrangements are made with the committee office;
(v) Bill each shipment directly to the applicable receiver.
(2) Each handler making shipments of potatoes for canning, freezing,
or ''other processing'' pursuant to paragraph (e) of this section shall:
(i) First apply to the committee for and obtain a Certificate of
Privilege to make shipments for processing;
(ii) Make shipments only to those firms whose names appear on the
committee's current list of manufacturers of potato products;
(iii) Upon request by the committee, furnish reports of each shipment
pursuant to the applicable Certificate of Privilege;
(iv) Mail to the committee's office a copy of the bill of lading for
each Certificate of Privilege shipment promptly after the date of
shipment, unless other arrangements are made with the committee office;
(v) Bill each shipment directly to the applicable processor.
(3) Each receiver of potatoes for processing pursuant to paragraph
(e) of this section shall:
(i) Complete and return an application form for listing as a
manufacturer of potato products;
(ii) Certify to the committee and to the Secretary that potatoes
received from the production area for processing will be used for such
purposes and will not be placed in fresh market channels;
(iii) Report on shipments received as the committee may require and
the Secretary approve.
(4) Each handler making shipments of certified seed potatoes pursuant
to paragraph (e) of this section shall furnish, at the request of the
committee, reports on the total volume of seed potatoes handled.
(g) Minimum quantity exemption. Each handler may ship up to, but not
to exceed, five hundredweight of potatoes, except yellow fleshed
Finnish-type potatoes, any day without regard to the inspection and
assessment requirements of this part, but this exception shall not apply
to any shipment that exceeds five hundredweight of potatoes. Handlers
of potatoes commonly known as yellow fleshed Finnish potatoes may handle
up to 200 hundredweight of such potatoes any day without regard to the
inspection and assessment requirements of this part.
(h) Definitions. The terms ''U.S. Extra No. 1,'' ''U.S. No. 1,''
''U.S. No. 2,'' ''Size B,'' ''fairly clean,'' ''moderately skinned,''
and ''slightly skinned'' shall have the same meaning as when used in the
United States Standards for Potatoes (7 CFR 51.1540-51.1566), including
the tolerances set forth therein. The term ''prepeeling'' means the
commercial preparation in a prepeeling plant of clean, sound, fresh
potatoes by washing, peeling, or otherwise removing the outer skin,
trimming, sorting, and properly treating to prevent discoloration
preparatory to sale in one or more of the styles of peeled potatoes
described in 52.2422 of the United States Standards for Peeled Potatoes
(7 CFR 52.2421-52.2433). The term ''other processing'' has the same
meaning as the term appearing in the act and includes, but is not
restricted to, potatoes for dehydration, chips, shoestrings, starch, and
flour. It includes only that preparation of potatoes for market which
involves the application of heat or cold to such an extent that the
natural form or stability of the commodity undergoes a substantial
change. The act of peeling, cooling, slicing, dicing, or applying
material to prevent oxidation does not constitute ''other processing.''
The terms ''Idaho Utility'' grade and ''Oregon Utility'' grade shall
have the same meaning as when used in the standards for potatoes for the
respective State. Other terms used in this section shall have the same
meaning as when used in Marketing Agreement No. 98 and Order No. 945,
both as amended.
(i) Applicability to imports. Pursuant to section 8e of the act and
980.1 ''Import regulations'' (7 CFR 980.1), Irish potatoes of the long
varieties imported during the effective period of this section shall
meet the grade, size, quality, and maturity requirements specified in
paragraphs (a) and (b) of this section.
(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674)
(47 FR 34355, Aug. 9, 1982, as amended at 52 FR 5530, Feb. 25, 1987;
52 FR 41695, Oct. 30, 1987; 53 FR 48634, Dec. 2, 1988)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 945.341 PART 946 -- IRISH POTATOES GROWN IN WASHINGTON
07 CFR 945.341 Pt. 946
07 CFR 945.341 Subpart -- Order Regulating Handling
Sec.
946.1 Secretary.
946.2 Act.
946.3 Person.
946.4 Production area.
946.5 Potatoes.
946.6 Handler.
946.7 Handle.
946.8 Producer.
946.9 Fiscal period.
946.10 Committee.
946.11 Varieties.
946.12 Seed potatoes.
946.13 Grade and size.
946.14 Grading.
946.15 Export.
946.16 District.
946.22 Establishment and membership.
946.23 Alternate members.
946.24 Procedure.
946.25 Selection.
946.26 Acceptance.
946.27 Term of office.
946.28 Powers.
946.29 Duties.
946.30 Expenses and compensation.
946.31 Districts.
946.32 Nomination.
946.33 Vacancies.
946.40 Expenses.
946.41 Assessments.
946.42 Accounting.
946.43 Funds.
946.50 Marketing policy.
946.51 Recommendation for regulations.
946.52 Issuance of regulations.
946.53 Minimum quantities.
946.54 Shipments for specified purposes.
946.55 Safeguards.
946.60 Inspection and certification.
946.62 Effective time.
946.63 Termination.
946.64 Proceedings after termination.
946.65 Effect of termination or amendment.
946.70 Reports and records.
946.71 Compliance.
946.72 Right of the Secretary.
946.73 Duration of immunities.
946.74 Agents.
946.75 Derogation.
946.76 Personal liability.
946.77 Separability.
946.78 Amendments.
07 CFR 945.341 Subpart -- Rules and Regulations
946.100 Order.
946.101 Marketing agreement.
946.102 Terms.
946.103 Reestablishment of districts.
946.104 Reapportionment of committee membership.
946.120 Application.
946.121 Issuance.
946.122 Reports.
946.123 Denial and appeals.
946.130 Application.
946.131 Issuance.
946.132 Reports.
946.133 Cancellation.
946.140 Handling potatoes for commercial processing into products.
946.142 Operating reserve.
07 CFR 945.341 Subpart -- Handling Regulations
946.336 Handling regulation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 945.341 Subpart -- Order Regulating Handling
Source: 17 FR 2912, Apr. 4, 1952, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 945.341 Definitions
07 CFR 946.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer, or member of the United States Department of
Agriculture, who is, or may hereafter be authorized to exercise the
powers and to perform the duties of the Secretary of Agriculture.
07 CFR 946.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and reenacted
and amended by the Agricultural Marketing Agreement Act of 1937, as
amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.).
07 CFR 946.3 Person.
Person means an individual, partnership, corporation, association,
legal representative, or any organized group or business unit.
07 CFR 946.4 Production area.
Production area means all territory included within the boundaries of
the State of Washington.
07 CFR 946.5 Potatoes.
Potatoes means all varieties of Irish potatoes grown within the State
of Washington.
07 CFR 946.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of potatoes owned by another person) who
handles potatoes or causes potatoes to be handled.
(37 FR 10916, June 1, 1972)
07 CFR 946.7 Handle.
Handle is synonymous with ship and means to transport, sell, or in
any other way to place potatoes grown in the State of Washington, or
cause such potatoes to be placed, in the current of commerce within the
production area or between the production area and any point outside
thereof, or from any point in the adjoining States of Oregon and Idaho
to any other point: Provided, That, the definition of ''handle'' shall
not include the transportation of ungraded potatoes within the
production area for the purpose of having such potatoes prepared for
market, or stored, except that the committee may impose safeguards
pursuant to 946.55 with respect to such potatoes.
(37 FR 10916, June 1, 1972)
07 CFR 946.8 Producer.
Producer means any person engaged in the production of potatoes for
market.
07 CFR 946.9 Fiscal period.
Fiscal period means the period beginning on July 1 of each year and
ending June 30 of the following year, or such other period as the
Secretary may establish pursuant to recommendation of the committee.
(37 FR 10916, June 1, 1972)
07 CFR 946.10 Committee.
Committee means the administrative committee, called the State of
Washington Potato Committee, established pursuant to 946.22.
07 CFR 946.11 Varieties.
Varieties means and includes all classifications or subdivisions of
Irish potatoes according to those definitive characteristics now or
hereafter recognized by the United States Department of Agriculture.
07 CFR 946.12 Seed potatoes.
Seed potatoes means and includes all potatoes officially certified
and tagged, marked or otherwise appropriately identified under the
supervision of the official seed potato certifying agency of the State
of Washington or other seed certification agencies which the Secretary
may recognize.
07 CFR 946.13 Grade and size.
Grade means any one of the officially established grades of potatoes,
and size means any one of the officially established sizes of potatoes
as defined and set forth in:
(a) The U.S. Standards for Potatoes issued by the U.S. Department of
Agriculture ( 51.1540 to 51.1566 of this title), or amendments thereto
or modifications thereof, or variations based thereon;
(b) U.S. Standards for Grades of Potatoes for Processing as issued by
the U.S. Department of Agriculture ( 51.3410 to 51.3424 of this title),
or amendments thereto, or modifications thereof, or variations based
thereon;
(c) U.S. Standards for Grades of Peeled Potatoes ( 52.2421 to
52.2433 of this title), or amendments thereto or modifications thereof,
or variations based thereon; and
(d) State of Washington Standards for Potatoes issued by the State of
Washington Director of Agriculture, or amendments thereto, or
modifications thereof, or variations based thereon.
(37 FR 10916, June 1, 1972)
07 CFR 946.14 Grading.
Grading is synonymous with preparing for market which means the
sorting or separating of potatoes into grades and sizes for market
purposes.
(37 FR 10916, June 1, 1972)
07 CFR 946.15 Export.
Export means shipment of potatoes beyond the boundaries of the 48
contiguous States of the United States, or the District of Columbia.
(37 FR 10916, June 1, 1972)
07 CFR 946.16 District.
District means each one of the geographical divisions of the
production area established pursuant to 946.31.
(17 FR 2912, Apr. 4, 1952. Redesignated at 26 FR 12751, Dec. 30,
1961, and 37 FR 10916, June 1, 1972)
07 CFR 946.16 Administrative Committee
07 CFR 946.22 Establishment and membership.
The State of Washington Potato Committee consisting of fifteen
members, of whom ten shall be producers and five shall be handlers, is
hereby established. For each member of the committee there shall be an
alternate who shall have the same qualifications as the member.
07 CFR 946.23 Alternate members.
An alternate member of the committee shall act in the place and stead
of the member for whom he is an alternate, during such member's absence.
In the event of the death, removal, resignation, or disqualification of
a member, his alternate shall act for him until a successor of such
member is selected and has qualified.
07 CFR 946.24 Procedure.
(a) Nine members of the committee shall be necessary to constitute a
quorum and nine concurring votes will be required to pass any motion or
approve any committee action.
(b) The committee may provide for meetings by telephone, telegraph,
or other means of communication and any vote cast at such a meeting
shall be confirmed promptly in writing: Provided, That if any assembled
meeting is held, all votes shall be cast in person.
07 CFR 946.25 Selection.
(a) Persons selected as committee members or alternates to represent
producers shall be individuals who are producers in the respective
district for which selected, or officers or employees of a corporate
producer in such district.
(b) Persons selected as committee members or alternates to represent
handlers shall be individuals who are handlers in the State of
Washington, or officers or employees of a corporate handler in the
aforesaid State, and such persons shall be residents of the State of
Washington.
(c) The Secretary shall select committee membership so that, during
each fiscal period, each district, as designated in 946.31, will be
represented by two producer members and one handler member, with their
respective alternates. Provided, That one producer member of the
committee from District No. 5, with his respective alternate, shall be
a certified seed producer.
(17 FR 2912, Apr. 4, 1952. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 37 FR 10916, June 1, 1972; 52 FR 13070, Apr. 21,
1987)
Effective Date Note: At 52 FR 13070, Apr. 21, 1987, 946.25(c) was
amended by changing the colon to a period and indefinitely suspending
the proviso which reads: ''Provided, That one producer member of the
committee from District No. 5, with his respective alternate, shall be
a certified seed producer.''
07 CFR 946.26 Acceptance.
Any person selected by the Secretary as a committee member or as an
alternate shall qualify by filing a written acceptance with the
Secretary within ten days after being notified of such selection.
07 CFR 946.27 Term of office.
(a) The term of office of committee members and alternates shall be
for 3 years beginning on the 1st day of July and continuing until their
successors are selected and have qualified: Provided, however, That the
terms of office of the initial committee under the amended order shall
be determined by the Secretary so that the terms of office of one-third
of the initial members and alternates shall be for 1 year, one-third for
2 years, and one-third for 3 years.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof beginning on the date on which they qualify during the
term of office and continuing until the end thereof, and until their
successors are selected and have qualified.
(17 FR 2912, Apr. 4, 1952. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 37 FR 10916, June 1, 1972)
07 CFR 946.28 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this subpart in accordance with
its terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this subpart; and
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 946.29 Duties.
It shall be the duty of the committee:
(a) At the beginning of each fiscal year, to meet and organize, to
select a chairman and such other officers as may be necessary, to select
subcommittees of committee members, and to adopt such rules and
regulations for the conduct of its business as it may deem advisable;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary and to determine the salaries and define the duties of
each such person;
(e) To investigate, from time to time, and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
potatoes, and to engage in such research and service activities which
relate to the handling or marketing of potatoes as may be approved by
the Secretary;
(f) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books, and
records shall be subject to examination at any time by the Secretary or
his authorized agent or representative;
(g) To make available to producers and handlers the committee voting
record on recommended regulations and on other matters of policy;
(h) At the beginning of each fiscal year, to submit to the Secretary
a budget of its expenses for such fiscal year, together with a report
thereon;
(i) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal year, and at such other time as the
committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this subpart; a copy of each such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of the committee for inspection by
producers and handlers; and
(j) To consult, cooperate, and exchange information with the other
potato marketing committees and other individuals or agencies in
connection with all proper committee activities and objectives under
this subpart.
07 CFR 946.30 Expenses and compensation.
Committee members and their respective alternates when acting on
committee business shall be reimbursed for reasonable expenses
necessarily incurred by them in the performance of their duties and in
the exercise of their powers under this subpart. In addition, they may
receive reasonable compensation at a rate recommended by the committee
and approved by the Secretary.
(37 FR 10916, June 1, 1972)
07 CFR 946.31 Districts.
(a) For the purpose of determining the basis for selecting committee
members, the following districts of the production area are hereby
initially established:
District No. 1. The counties of Chelan, Okanogan, Grant, Douglas,
Ferry, Stevens, Pend Oreille, Spokane, Lincoln, and Adams;
District No. 2. Kittitas County;
District No. 3. The counties of Yakima and Klickitat;
District No. 4. The counties of Benton, Franklin, Walla Walla,
Columbia, Garfield, Asotin, and Whitman; and
District No. 5. All of the remaining counties in the State of
Washington, not included in Districts 1, 2, 3, and 4 of this paragraph.
(b) The Secretary, upon the recommendation of the committee, may
reestablish districts within the production area and may reapportion
committee membership among the various districts: Provided, That in
recommending any such changes in districts or representation, the
committee shall give consideration to: (1) The relative importance of
new areas of production; (2) changes in the relative position, with
respect to production of existing districts; (3) the geographic
location of production areas as it would affect the efficiency of
administering the marketing agreement and order; and (4) other relevant
factors: Provided further, That there shall be no change in the total
number of committee members or in the total number of districts.
07 CFR 946.32 Nomination.
The Secretary may select the members of the State of Washington
Potato Committee and their respective alternates from nominations which
may be made in the following manner, or from among such other qualified
persons:
(a) A meeting or meetings of producers and handlers shall be held by
the committee in each district for which nominees are to be selected not
later than May 1 of each year to designate nominees for members and
alternates to the committee; or the committee may conduct nominations
by mail in a manner recommended by the committee and approved by the
Secretary; and, in arranging for such meetings, the committee may, if
it deems desirable, utilize the services and facilities of other
existing organizations;
(b) At least one nominee shall be designated for each position as
member and for each position as alternate member on the committee which
is vacant, or which is to become vacant the following July 1;
(c) The names of nominees shall be supplied to the Secretary in such
manner and form as he may prescribe, not later than June 1 of each year,
or by such other date as may be specified by the Secretary;
(d) Only producers may participate in designating producer nominees,
and only handlers may participate in designating handler nominees. Any
person who operates in more than one district or is engaged in producing
and handling potatoes, shall elect the classification (i.e., producer or
handler), and the district within which he desires to participate in
designating nominees;
(e) Regardless of the number of districts in which a person produces
or handles potatoes, each such person is entitled to cast only one vote
on behalf of himself, his agents, subsidiaries, affiliates, and
representatives in designating nominees for committee members and
alternates. An eligible voter's privilege of casting only one vote as
aforesaid shall be construed to permit a voter to cast one vote for each
position to be filled in the district in which he elects to vote; and
(f) If nominations are not made within the time and in the manner
specified in this section, the Secretary may, without regard to
nominations, select the committee members and alternates on the basis of
the representation provided for in this subpart.
(37 FR 10916, June 1, 1972)
07 CFR 946.33 Vacancies.
To fill any vacancy occasioned by the failure of any person selected
as a committee member or as an alternate to qualify, or in the event of
the death, removal, resignation, or disqualification of any qualified
member or alternate, a successor for his unexpired term may be selected
by the Secretary from nominations made in the manner specified in
946.32, or the Secretary may select such committee member or alternate
from previously unselected nominees on the current nominee list from the
district involved. If the names of nominees to fill any such vacancy
are not made available to the Secretary within 30 days after such
vacancy occurs, the Secretary may fill such vacancy without regard to
nominations, which selection shall be made on the basis of the
representation provided for in this subpart.
(17 FR 2912, Apr. 4, 1952. Redesignated at 26 FR 12751, Dec. 30, 1961
and 37 FR 10917, June 1, 1972)
07 CFR 946.33 Expenses and Assessments
07 CFR 946.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
finds are reasonable and likely to be incurred by it during each fiscal
period for its maintenance and functioning, and for such other purposes
as the Secretary, pursuant to this subpart, determines to be
appropriate. The committee shall submit to the Secretary a budget for
each fiscal period, including an explanation of the items appearing
therein, and a recommendation as to the rate of assessment for such
fiscal period.
(37 FR 10917, June 1, 1972)
07 CFR 946.41 Assessments.
Each handler shall pay to the committee upon demand, his pro rata
share of the expenses authorized by the Secretary for each fiscal
period. Each handler's pro rata share shall be the rate of assessment
per hundredweight fixed by the Secretary times the quantity of potatoes
which he handles as the first handler thereof. At any time during or
after a fiscal period, the Secretary may increase the rate of assessment
as necessary to cover authorized expenses. Such increase shall be
applicable to all potatoes handled during the given fiscal period. The
payment of expenses for the maintenance and functioning of the committee
may be required during periods when no regulations are in effect. If a
handler does not pay his assessment within the time prescribed by the
committee, the assessment may be increased by a late payment charge or
an interest charge, or both, at rates prescribed by the committee with
the approval of the Secretary.
(37 FR 10917, June 1, 1972)
07 CFR 946.42 Accounting.
(a) Excess funds. At the end of a fiscal period, funds in excess of
the year's expenses shall be placed in an operating reserve not to
exceed approximately two fiscal periods' operational expenses or such
lower limits as the committee, with the approval of the Secretary, may
establish. Funds in such reserve shall be available for use by the
committee for expenses authorized pursuant to 946.40. Funds in excess
of those placed in the operating reserve shall be refunded to handlers.
Each handler's share of such excess shall be the amount of assessments
he paid in excess of his pro rata share of the actual expenses of the
committee and the addition, if any, to the operating reserve.
(b) Accounting of funds upon termination of order. Any money
collected as assessments pursuant to this subpart and remaining
unexpended in the possession of the committee after termination of this
part shall be distributed in such manner as the Secretary may direct:
Provided, That to the extent practical, such funds shall be returned pro
rata to the persons from whom such funds were collected.
(37 FR 10917, June 1, 1972)
07 CFR 946.43 Funds.
All funds received by the committee pursuant to any provisions of
this subpart shall be used solely for the purposes specified in this
subpart and shall be accounted for in the following manner:
(a) The Secretary may at any time require the committee and its
members to account for all receipts and disbursements; and
(b) Whenever any person ceases to be a committee member or alternate,
he shall account for all receipts and disbursements and deliver all
property and funds in his hands, together with all books and records in
his possession, to his successor in office or to such person as the
Secretary may designate, and shall execute such assignments and other
instruments as may be necessary or appropriate to vest in such successor
or in such designated person the right to all the property, funds, or
claims vested in such member or alternate.
07 CFR 946.43 Regulation
07 CFR 946.50 Marketing policy.
(a) Prior to each marketing season, the committee shall consider and
prepare a policy statement for the marketing of potatoes. In developing
its marketing policy, the committee shall investigate relevant supply
and demand conditions for potatoes. In such investigations, the
committee shall give appropriate considerations to the following:
(1) Market prices of potatoes, including prices by grade, size,
quality, and maturity in different packs of fresh potatoes and of the
various forms of processed potatoes;
(2) Supplies of potatoes by grade, size, quality, and maturity in the
production area and in other production areas, of fresh potatoes, and
the supplies of various forms of processed potatoes;
(3) The trend and level of consumer income;
(4) Establishing and maintaining orderly marketing conditions for
potatoes;
(5) Orderly marketing of potatoes as will be in the public interest;
and
(6) Other relevant factors.
(b) In the event it becomes advisable to deviate from such marketing
policy because of changed supply and demand conditions, the committee
shall formulate a revised marketing policy statement in accordance with
the appropriate considerations in paragraph (a) of this section.
(c) The committee shall submit a report to the Secretary setting
forth such marketing policy. Notice of each such marketing policy and
any revision thereof shall be given to producers, handlers, and other
interested parties by bulletins, newspapers, or other appropriate media,
and copies thereof shall be available for examination at the committee
office to all interested parties.
(37 FR 10917, June 1, 1972)
07 CFR 946.51 Recommendation for regulations.
The committee shall recommend to the Secretary regulations, or
amendments, modifications, suspension, or termination thereof, whenever
it finds that such regulations as provided in 946.52 are in accordance
with the marketing policy established pursuant to 946.50 and that such
regulations will tend to effectuate the declared policy of the act.
(37 FR 10917, June 1, 1972)
07 CFR 946.52 Issuance of regulations.
(a) The Secretary shall limit the shipment of potatoes as set forth
in this subpart whenever he finds from the recommendation and
information submitted by the committee, or from other available
information, that it would tend to effectuate the declared policy of the
act:
(1) To regulate, in any or all portions of the production area the
handling of particular grades, sizes, qualities or maturity of any or
all varieties of potatoes during any period;
(2) To regulate the handling of particular grades, sizes, qualities
or maturities of any or all varieties of potatoes, or for any
combination of the foregoing during any period in the States of Oregon
and Idaho which have been shipped from the production area to specified
locations therein for grading or storage pursuant to 946.54;
(3) To regulate the handling of particular grades, sizes, qualities
or maturities of any or all varieties differently for: Different
portions of the production area, different uses or outlets, different
packs or for any combination of the foregoing, during any period;
(4) To regulate the handling of potatoes by establishing in terms of
grades, sizes, or both, minimum standards of quality and maturity.
(b) The Secretary may amend any regulation issued under this subpart
whenever he finds that such amendment would tend to effectuate the
declared policy of the act. The Secretary may also terminate or suspend
any regulation whenever he finds that such regulation obstructs or no
longer tends to effectuate the declared policy of the act.
(c) The Secretary shall notify the committee of any such regulation
issued pursuant to this section and the committee shall give reasonable
notice thereof to handlers.
(37 FR 10917, June 1, 1972)
07 CFR 946.53 Minimum quantities.
The committee, with the approval of the Secretary, may establish, for
any or all portions of the production area, minimum quantities below
which shipments will be free from regulations issued pursuant to this
part.
(37 FR 10918, June 1, 1972)
07 CFR 946.54 Shipments for specified purposes.
(a) Whenever the Secretary finds, upon the basis of the
recommendations and information submitted by the committee, or from
other available information, that it will tend to effectuate the
declared policy of the act, he shall modify, suspend, or terminate any
or all regulations issued pursuant to this part in order to facilitate
shipments of potatoes for the following purposes:
(1) Livestock feed;
(2) Charity;
(3) Export;
(4) Seed;
(5) Prepeeling;
(6) Such other purposes as may be specified by the committee with the
approval of the Secretary; and
(7) Grading or storing between the districts within the production
area or to and within specified locations in the adjoining States of
Idaho and Oregon.
(b) The Secretary shall give prompt notice to the committee of any
modification, suspension, or termination of regulations pursuant to this
section, or of any approval issued by him under the provisions of this
section.
(37 FR 10918, June 1, 1972)
07 CFR 946.55 Safeguards.
(a) The committee, with the approval of the Secretary, may prescribe
adequate safeguards to prevent shipments pursuant to 946.54 from
entering channels of trade and other outlets for other than the specific
purposes authorized therefor, and the transportation of potatoes for
grading and storing to points outside the production area.
(b) Safeguards provided by this section may include, but shall not be
limited to, requirements that handlers:
(1) Shall obtain the inspection required by 946.60 or pay the
assessment provided by 946.41, or both, in connection with the potato
shipments effected in accordance with 946.54, and
(2) Shall obtain a special purpose certificate from the committee for
shipments of potatoes effected or to be effected under provisions of
946.54.
(c) The committee, with the approval of the Secretary, shall
prescribe rules governing the issuance and the contents of the special
purpose certificate.
(d) The committee may rescind, or deny to any handler the special
purpose certificate if proof satisfactory to the committee is obtained
that potatoes shipped by him for the purpose stated in 946.54 were
handled contrary to the provisions of this section.
(e) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of potatoes covered by such applications for such certificates, the
number of such applications denied, and certificates granted, the
quantity of potatoes shipped under duly issued certificates, and such
other information as may be requested by the Secretary.
(37 FR 10918, June 1, 1972)
07 CFR 946.55 Inspection and Certification
07 CFR 946.60 Inspection and certification.
(a) During any period in which the Secretary regulates the shipment
of potatoes pursuant to the provisions of this subpart, each handler who
first ships potatoes shall, prior to making shipment, cause each
shipment to be inspected by an authorized representative of the
Federal-State inspection service or such other inspection service as the
Secretary shall designate. The committee may, with the approval of the
Secretary, prescribe rules and regulations modifying the inspection
requirements of this section in circumstances under which such
requirements would create an undue hardship on growers or shippers:
Provided, That all such shipments shall comply with all regulations in
effect: And provided further, That proper safeguards to assure
compliance are adopted.
(b) Each such handler shall make arrangements with the inspecting
agency to forward promptly to the committee a copy of such inspection
certificate: Provided, however, That (1) each handler making shipments
of potatoes during such period shall prior to making such shipment,
determine if such shipment has been inspected and if such shipment has
not been so inspected and is not covered by an inspection certificate,
each handler making such determinations shall have such potatoes
inspected and shall arrange for a copy of the inspection certificate to
be forwarded to the committee as aforesaid, and (2) each handler who
first ships potatoes after such potatoes are regraded, resorted, or
repacked, or in any other way further prepared for market shall have
each shipment of such potatoes inspected as provided in this section.
(17 FR 2912, Apr. 14, 1952. Redesignated at 26 FR 12751. Dec. 30,
1961, and redesignated and amended at 37 FR 10918, June 1, 1972)
07 CFR 946.60 Effective Time and Termination
07 CFR 946.62 Effective time.
The provisions of this subpart shall become effective at such time as
the Secretary may declare above his signature attached to this subpart,
and shall continue in force until terminated in one of the ways
specified in this subpart.
07 CFR 946.63 Termination.
(a) The Secretary may, at any time, terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal year whenever he finds that such termination is
favored by a majority of producers who, during the preceding fiscal
year, have been engaged in the production for market of potatoes:
Provided, That such majority has during such year, produced for market
more than fifty percent of the volume of such potatoes produced for
market; but such termination shall be effective only if announced on or
before May 31 of the then current fiscal year.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 946.64 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart, the then
functioning members of the committee shall continue as trustees, for the
purpose of liquidating the affairs of the committee, of all the funds
and property then in the possession of or under control of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustee shall continue in such capacity until discharged
by the Secretary; shall from time to time, account for all receipts and
disbursements and deliver all property on hand, together with all books
and records of the committee and of the trustees, to such person as the
Secretary may direct; and shall upon request of the Secretary, execute
such assignments or other instruments necessary or appropriate to vest
in such person full title and right to all of the funds, property, and
claims vested in the committee or the trustees pursuant thereto.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 946.65 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not (a) affect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provisions
of this subpart or any regulation issued under this subpart, or (b)
release or extinguish any violation of this subpart or of any regulation
issued under this subpart, or (c) affect or impair any rights or
remedies of the Secretary or of any other person with respect to any
such violation.
07 CFR 946.65 Miscellaneous Provisions
07 CFR 946.70 Reports and records.
(a) Upon the request of the committee, with the approval of the
Secretary, every handler shall furnish to the committee in such manner
and at such time as may be prescribed, such information as will enable
the committee to exercise its duties under this subpart.
(b) Each handler shall establish and maintain for at least 2
succeeding years such records and documents with respect to potatoes
received and potatoes disposed of by him as will substantiate the
required reports.
(c) For the purpose of assuring compliance with the recordkeeping
requirements and verifying reports filed by handlers, the Secretary and
the committee through its duly authorized employees, shall have access
to such records.
(d) All reports and records furnished or submitted by handlers to, or
obtained by the employees of, the committee which contain data for
information constituting a trade secret or disclosing the trade
position, financial condition, or business operations of the particular
handler from whom received, shall be treated as confidential, and the
reports and all information obtained from records shall at all times be
kept in the custody and under the control of one or more employees of
the committee who shall disclose such information to no person other
than the Secretary, or his authorized agents. Compilations of general
reports from data and information submitted by handlers is authorized
subject to the prohibition of disclosure of individual handlers'
identity or operations.
(37 FR 10918, June 1, 1972)
07 CFR 946.71 Compliance.
Except as provided in this subpart, no handler shall ship potatoes,
the shipment of which has been prohibited by the Secretary in accordance
with provisions of this subpart, and no handler shall ship potatoes
except in conformity to the provisions of this subpart.
07 CFR 946.72 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 946.73 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except, with respect to acts done under and during the existence of this
subpart.
07 CFR 946.74 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the Government or name any bureau
or division in the United States Department of Agriculture, to act as
his agent or representative in connection with any of the provisions of
this subpart.
07 CFR 946.75 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 946.76 Personal liability.
No member or alternate of the committee, nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, or employee, except
for acts of dishonesty.
07 CFR 946.77 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof, to any other person, circumstance, or thing,
shall not be affected thereby.
07 CFR 946.78 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 946.78 Subpart -- Rules and Regulations
07 CFR 946.78 Definitions
07 CFR 946.100 Order.
Order means Order No. 946 ( 946.1 to 946.78), as amended,
regulating the handling of Irish potatoes grown in the State of
Washington.
(39 FR 1971, Jan. 16, 1974)
07 CFR 946.101 Marketing agreement.
Marketing agreement means Marketing Agreement No. 113, as amended.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.102 Terms.
Terms used in this subpart shall have the same meaning as set forth
in said marketing agreement and order.
(22 FR 8177, Oct. 16, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 946.103 Reestablishment of districts.
(a) Pursuant to 946.31, on and after July 1, 1975, the following new
districts are established:
(1) District No. 1 -- the counties of Ferry, Stevens, Pend Oreille,
Spokane, Whitman, and Lincoln, plus the East Irrigation District of the
Columbia Basin Project, plus the area of Grant County not included in
either the Quincy or South Irrigation Districts which lies east of
township vertical line R27E, plus the area of Adams County not included
in either of the South or Quincy Irrigation Districts.
(2) District No. 2 -- the counties of Kittitas, Douglas, Chelan, and
Okanogan, plus the Quincy Irrigation District of the Columbia Basin
Project, plus the area of Grant County not included in the East or South
Irrigation Districts which lies west of township line R28E.
(3) District No. 3 -- the counties of Benton, Klickitat, and Yakima.
(4) District No. 4 -- the counties of Walla Walla, Columbia,
Garfield, and Asotin, plus the South Irrigation District of the Columbia
Basin Project, plus the area of Franklin County not included in the
South District.
(5) District No. 5 -- all of the remaining counties in the State of
Washington, not included in Districts No. 1, 2, 3, and 4 of this
paragraph.
(b) The new districts are established in the current fiscal period
only for the purpose of making nominations of committee members for the
coming fiscal period. The new districts are to be established as
operating entities beginning on July 1, 1975.
(40 FR 12988, Mar. 24, 1975)
07 CFR 946.104 Reapportionment of committee membership.
(a) Pursuant to 946.25(c), membership representation of the State of
Washington Potato Committee shall be reapportioned among the districts
of the production area so as to provide the following members and their
respective alternates:
(1) District No. 1 -- Three producer members and one handler member;
(2) District No. 2 -- Two producer members and one handler member;
(3) District No. 3 -- Two producer members and one handler member;
(4) District No. 4 -- Two producer members and one handler member;
(5) District No. 5 -- One producer member and one handler member.
(40 FR 12988, Mar. 24, 1975, as amended at 43 FR 52199, Nov. 9, 1978;
52 FR 13070, Apr. 21, 1987)
07 CFR 946.104 Certificates of Privilege
07 CFR 946.120 Application.
(a) Whenever shipments for special purposes pursuant to 946.54 are
relieved in whole or in part from regulations issued under 946.52, each
handler desiring to make shipments of potatoes for the following
purposes shall obtain from the committee, prior to initiating such
shipments, a special purpose certificate permitting such shipments:
(1) Charity;
(2) Export;
(3) Prepeeling outside the district where grown; and
(4) Grading or storing at any specified location in Morrow or
Umatilla Counties in the State of Oregon.
(b) Applications for special purpose shipment certificates shall be
made on forms furnished by the committee. Such application shall
contain the name and address of the handler, and such other information
that the committee may require such as the estimated amount of potatoes
to be shipped, the grades and sizes of potatoes to be shipped (when
applicable), expected consignees and destinations, certification by
applicant that statements are correct and that he will comply with
disposition stated therein, and other information or documents as the
committee may require in safeguarding against entry of such potatoes
into trade channels other than those for which the special purpose
certificate was granted.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.121 Issuance.
The committee, or its duly authorized agents, shall give prompt
consideration to each applicant for a special purpose certificate. Upon
approval of the application, a special purpose certificate shall be
issued authorizing the applicant named therein to ship potatoes for a
specified purpose for a specified period of time.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.122 Reports.
Each handler shipping potatoes under and pursuant to a special
purpose certificate shall supply to the committee, upon request, a
report thereon showing the name and address of the shipper, car or truck
number, Federal-State Inspection Certificate number (if such inspection
is required by regulations in effect at the time of such shipment),
loading point, destination and consignee.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.123 Denial and appeals.
The committee may rescind a special purpose certificate issued to a
handler for the purpose specified in 946.120(a), or deny such special
purpose certificates to a handler, upon proof satisfactory to the
committee that such handler has shipped potatoes contrary to those
provisions. Such committee action denying or rescinding a special
purpose certificate shall apply to and not exceed a reasonable period of
time as determined by the committee. Any handler who has been denied a
special purpose certificate or who has had a special purpose certificate
rescinded may appeal to the committee for reconsideration. Such appeal
shall be in writing.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.123 Modification of Inspection Requirements
07 CFR 946.130 Application.
Any handler whose packing facilities are located in an area where a
Washington State Department of Agriculture, Plant Industry Division
Office or Federal-State Inspector is not readily available to perform
the inspection required by this part may, pursuant to 946.60(a), apply
to the committee for a permit authorizing modification of inspection
requirements. Applications shall be made on forms furnished by the
committee and shall contain such information as the committee, with
approval of the Secretary, may find necessary in making a determination
regarding the issuance of such permit.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.131 Issuance.
The committee, or its duly authorized agents, shall give prompt
consideration to each application for an inspection modification permit.
Approval of an application shall be evidenced by the issuance of an
applicable permit.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.132 Reports.
Each handler shipping potatoes pursuant to an inspection modification
permit shall report periodically as specified by the committee on forms
furnished by the committee the following information on each shipment:
quantity of potatoes, variety or varieties, grade, minimum size, type of
container(s), date of shipment, carrier, destination, and name and
address of receiver.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.133 Cancellation.
Whenever the committee finds that shipments of potatoes pursuant to
an inspection modification permit are not in accordance with the
application provisions of the order, such inspection modification permit
may be cancelled.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.140 Handling potatoes for commercial processing into
products.
Pursuant to 946.54(a)(6), shipments of potatoes for commercial
processing into products may be made only in accordance with paragraphs
(a) or (b) of this section.
(a) Shipments may be made to persons whose names are on the State of
Washington Potato Committee's list of manufacturers of potato products.
Such list may consist of firms actively engaged in the business of
canning, freezing, or ''other processing'' as defined in the act.
(1) Persons desiring to have their name placed on the committee's
list shall apply to the committee. Such application shall contain the
following:
(i) Name and address of applicant;
(ii) Location and description of facilities for commercial processing
into products;
(iii) Expected source of potatoes for commercial processing into
products;
(iv) Such other information as the committee, with approval of the
Secretary, may deem necessary.
(2) Upon receipt of an application for such listing, the State of
Washington Potato Committee shall make such investigation as it deems
necessary, and if it appears that the applicant may reasonably be
expected to use potatoes covered by the application in accordance with
the requirements of this section, it shall place the applicant's name on
the State of Washington Potato Committee's list of manufacturers of
potato products.
(b) For each shipment to a person whose name is not on the
committee's list, the handler must provide evidence to the committee
prior to shipment that the potatoes will be used only for processing
into products. Further, he shall submit reports as prescribed by the
committee and approved by the Secretary.
(39 FR 1972, Jan. 16, 1974)
07 CFR 946.142 Operating reserve.
(a) The committee, with the approval of the Secretary, may carry over
excess funds into subsequent fiscal years as an operating reserve:
Provided, That funds in the operating reserve do not exceed
approximately one fiscal year's expenses.
(b) The funds in said operating reserve may be used (1) to defray
expenses incurred during any fiscal period prior to the time assessment
income is sufficient to cover such expenses, (2) to cover deficits
incurred during any fiscal period when assessment income is less than
expenses, (3) to defray expenses incurred during any period when
assessments are suspended or are inoperative and (4) to cover necessary
expenses of liquidation in the event of termination of this part.
(c) Upon termination of this part any funds not required to defray
the necessary expenses of liquidation shall be disposed of in such
manner as the Secretary may determine to be appropriate. To the extent
practical, such funds shall be returned pro rata to the handlers from
whom they were collected.
(d) Terms used in this section shall have the same meaning as when
used in said marketing agreement and this part.
(32 FR 16199, Nov. 28, 1967. Redesignated at 44 FR 73012, Dec. 17,
1979)
07 CFR 946.142 Subpart -- Handling Regulations
07 CFR 946.336 Handling regulation.
No person shall handle any lot of potatoes unless such potatoes meet
the requirements of paragraphs (a), (b), (c), and (g) of this section or
unless such potatoes are handled in accordance with paragraphs (d) and
(e), or (f) of this section, except that shipments of the blue or purple
flesh varieties of potatoes shall be exempt from both this handling
regulation and the assessment requirements specified in 946.41.
(a) Minimum quality requirements -- (1) Grade: All varieties -- U.S.
No. 2 or better grade.
(2) Size: (i) Round varieties -- 1 7/8 inches (47.6 mm) minimum
diameter, except yellow fleshed and round red varieties may be 1 inch
(25.4 mm) minimum diameter, if U.S. No. 1.
(ii) Long varieties -- All long varieties must be 2 1/8 inches (54.0
mm) in minimum diameter or 4 ounces minimum weight during July 15
through August 31 each season, and 2 inches (50.8 mm) or 4 ounces during
the remainder or each season, except that the White Rose variety from
District 5 must be at least 1 7/8 inches in diameter throughout each
season.
(iii) Tolerances -- The tolerances for size contained in the U.S.
Standards for Grades of Potatoes shall apply, except that for long
varieties of potatoes packaged in other than 50-pound cartons and which
are packed to meet a minimum size and weight of 2 1/8 inches or 4
ounces, a 3-percent tolerance for undersize shall apply.
(3) Cleanness: All varieties and grades -- as required in the United
States Standards for Grades of Potatoes. For example: U.S. No. 2 --
''not seriously damaged by dirt,'' and U.S. No. 1 -- ''fairly clean.''
(b) Minimum maturity requirements -- (1) Round and White Rose
varieties: Not more than ''moderately skinned.''
(2) Other long varieties (including but not limited to Russet Burbank
and Norgold): Not more than ''slightly skinned.''
(c) Pack requirements -- (1) Domestic. Potatoes packed in 50-pound
cartons shall be U.S. No. 1 grade or better, except that potatoes which
fail to meet the U.S. No. 1 grade only because of internal defects may
be shipped provided the lot contains not more than 10 percent damage by
any internal defect or combination of internal defects but not more than
5 percent serious damage by any internal defect or combination of
internal defects.
(2) Export. Potatoes packed in 50-pound cartons shall be U.S. No. 1
grade or better.
(d) Special purpose shipments. The minimum grade, size, cleanness,
maturity, and pack requirements set forth in paragraphs (a), (b), and
(c) of this section shall not be applicable to shipments of potatoes for
any of the following purposes:
(1) Livestock feed;
(2) Charity;
(3) Seed;
(4) Prepeeling;
(5) Canning, freezing, and ''other processing'' as hereinafter
defined;
(6) Grading or storing at any specified location in Morrow or
Umatilla Counties in the State of Oregon, in District 5, or in Spokane
County in District 1; or
(7) Export, except to Alaska and Hawaii and except as provided in
(c)(2) of this paragraph.
Shipments of potatoes for the purpose specified in paragraphs (d) (1)
through (7) of this section shall be exempt from inspection requirements
specified in paragraph (g) of this section except shipments pursuant to
paragraph (d)(6) of this section shall comply with inspection
requirements of paragraph (e)(2) of this section. Shipments specified
in paragraphs (d) (1), (2), (3), and (5) of this section shall be exempt
from assessment requirements specified in 946.41.
(e) Safeguards. (1) Handlers desiring to make shipments of potatoes
for prepeeling shall:
(i) Notify the committee of intent to ship potatoes by applying on
forms furnished by the committee for a certificate applicable to such
special purpose shipments;
(ii) Prepare on forms furnished by the committee a special purpose
shipment report on each such shipment, a copy of which must also
accompany each shipment. The handler shall forward copies of each such
special purpose shipment report to the committee office and to the
receiver with instructions to the receiver to sign and return a copy to
the committee office. Failure of the handler or receiver to report such
shipments by promptly signing and returning the applicable special
purpose shipment report to the committee office shall be cause for
cancellation of such handler's certificate applicable to such special
purpose shipments and/or the receiver's eligibility to receive further
shipments pursuant to such certificate. Upon cancellation of such
certificate, the handler may appeal to the committee for
reconsideration; such appeal shall be in writing;
(iii) Before diverting any such special purpose shipment from the
receiver of record as previously furnished to the committee by the
handler such handler shall submit to the committee a revised special
purpose shipment report.
(2) Handlers desiring to ship potatoes for grading or storing to any
specified location in Morrow or Umatilla Counties in the State of
Oregon, to District No. 5, or to Spokane County in District No. 1
shall:
(i) Notify the committee of intent to so ship potatoes by applying on
forms furnished by the committee for a certificate applicable to such
special purpose shipment. Upon receiving such application, the
committee shall supply to the handler the appropriate certificate after
it has determined that adequate facilities exist to accommodate such
shipments and that such potatoes will be used only for authorized
purposes;
(ii) If reshipment is for any purpose other than as specified in
paragraph (d) of this section, each handler desiring to make reshipment
of potatoes which have been graded or stored shall, prior to reshipment,
cause each such shipment to be inspected by an authorized representative
of the Federal-State Inspection Service. Such shipments must comply
with the minimum grade, size, cleanness, maturity, and pack requirements
specified in paragraphs (a), (b), and (c) of this section;
(iii) If reshipment is for any of the purposes specified in paragraph
(d) of this section, each handler making reshipment of potatoes which
have been graded or stored shall do so in accordance with the applicable
safeguard requirements specified in paragraph (e) of this section.
(3) Each handler making shipments of potatoes for canning, freezing,
or ''other processing'' pursuant to paragraph (d) of this section shall:
(i) First apply to the committee for and obtain a Certificate of
Privilege to make shipments for processing;
(ii) Make shipments only to those firms whose names appear on the
committee's list of canners, freezers, or other processors of potato
products maintained by the committee, or to persons not on the list
provided the handler furnishes the committee, prior to such shipment,
evidence that the receiver may reasonably be expected to use the
potatoes only for canning, freezing, or other processing;
(iii) Upon request by the committee, furnish reports of each shipment
pursuant to the applicable Certificate of Privilege;
(iv) Mail to the office of the committee a copy of the bill of lading
for each Certificate of Privilege shipment promptly after the date of
shipment unless other arrangements are made;
(v) Bill each shipment directly to the applicable processor.
(4) Each receiver of potatoes for processing pursuant to paragraph
(d) of this section shall:
(i) Complete and return an application form for consideration of
approval as a canner, freezer, or other processor of potato products;
(ii) Certify to the committee and to the Secretary that potatoes
received from the production area for processing will be used for such
purpose and will not be placed in fresh market channels;
(iii) Report on shipments received as the committee may require and
the Secretary approve.
(5) Each handler desiring to make shipments of potatoes for export
shall:
(i) Notify the committee of intent to so ship potatoes by applying on
forms furnished by the committee for a certificate applicable to such
special purpose shipment. Such information shall include the quantity
of potatoes to be shipped and the name and address of the exporter;
(ii) After the certificate is approved and the shipment is made,
furnish the committee with a copy of the on-board bill of lading
applicable to such shipment unless other arrangements are made;
(iii) Before diverting any such special purpose shipment from the
receiver of record as previously furnished to the committee by the
handler such handler shall submit to the committee a revised special
purpose shipment report.
(f) Minimum quantity exemption. Each handler may ship up to, but not
to exceed 5 hundredweight of potatoes per day without regard to the
inspection and assessment requirements of this part, but this exception
shall not apply to any shipment over 5 hundredweight of potatoes.
(g) Inspection. (1) Except when relieved by paragraphs (d) or (f) of
this section, no person may handle any potatoes unless a Federal-State
Inspection Notesheet or certificate covering them has been issued by an
authorized representative of the FederaI-State Inspection Service and
the document is valid at the time of shipment. Further, any bulk load
shipments of potatoes not relieved in paragraphs (d) or (f) of this
section must also be accompanied by a Shipping Clearance Report issued
by the Federal-State Inspection Service and valid at the time of
shipment.
(2) U.S. No. 1 grade or better potatoes in the State of Washington
which are resorted or repacked within 72 hours of being inspected and
certified are exempt from reinspection.
(h) Definitions. The terms U.S. No. 1, U.S. No. 2, not seriously
damaged by dirt, fairly clean, slightly skinned, and moderately skinned
shall have the same meaning as when used in the United States Standards
for Grades of Potatoes (7 CFR 51.1540-51.1566), including the tolerances
set forth in it. The term prepeeling means the commercial preparation
in the prepeeling plant of clean, sound, fresh tubers by washing,
peeling or otherwise removing the outer skin, trimming, sorting, and
properly treating to prevent discoloration preparatory to sale in one or
more of the styles of peeled potatoes described in 52.2422 United
States Standards for Grades of Peeled Potatoes (7 CFR 52.2421-52.2433).
The term other processing has the same meaning as the term appearing in
the Act and includes, but is not restricted to, potatoes for
dehydration, chips, shoestrings, starch, and flour. It includes the
application of heat or cold to such an extent that the natural form or
stability of the commodity undergoes a substantial change. The act of
peeling, cooling, slicing, dicing, or applying material to prevent
oxidation does not constitute ''other processing.'' Other terms used in
this section have the same meaning as when used in the marketing
agreement, as amended, and this part.
(i) Applicability to imports. Pursuant to section 8e of the Act and
980.1 ''Import regulations'' (7 CFR 980.1), Irish potatoes of the red
skinned round type imported during the months of July and August each
year shall meet the minimum grade, size, quality, and maturity
requirements for round varieties specified in paragraphs (a) and (b) of
this section.
(53 FR 8143, Mar. 14, 1988, as amended at 53 FR 21794, June 10, 1988;
54 FR 27864, July 3, 1989; 54 FR 41586, Oct. 11, 1989; 55 FR 28752,
July 13, 1990)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 946.336 Pt. 947
07 CFR 946.336 PART 947 -- IRISH POTATOES GROWN IN MODOC AND SISKIYOU COUNTIES, CALIF., AND IN ALL COUNTIES IN OREGON, EXCEPT MALHEUR COUNTY
07 CFR 946.336 Subpart -- Order Regulating Handling
Sec.
947.1 Secretary.
947.2 Act.
947.3 Person.
947.4 Production area.
947.5 Potatoes.
947.6 Handler.
947.7 Handle.
947.8 Producer.
947.9 Fiscal period.
947.10 Committee.
947.11 Varieties.
947.12 Seed potatoes.
947.14 Pack.
947.15 Grade and size.
947.16 Grading.
947.17 Export.
947.18 District.
947.25 Establishment and membership.
947.26 Procedure.
947.27 Selection.
947.28 Term of office.
947.29 Powers.
947.30 Duties.
947.31 Expenses and compensation.
947.32 Districts.
947.33 Nominations.
947.34 Vacancies.
947.35 Annual report.
947.40 Expenses.
947.41 Assessments.
947.47 Research and development.
947.50 Marketing policy.
947.51 Recommendations for regulations.
947.52 Issuance of regulations.
947.53 Minimum quantities.
947.54 Shipments for specified purposes.
947.55 Safeguards.
947.60 Inspection and certification.
947.65 Procedure.
947.66 Granting exemptions.
947.67 Appeal.
947.68 Review, records, and reports of exemptions.
947.70 Effective time.
947.71 Termination.
947.72 Proceedings after termination.
947.73 Effect of termination or amendment.
947.80 Reports.
947.81 Compliance.
947.82 Right of the Secretary.
947.83 Duration of immunities.
947.84 Agents.
947.85 Derogation.
947.86 Personal liability.
947.87 Separability.
947.88 Amendments.
07 CFR 946.336 Subpart -- Rules and Regulations
947.100 Communications.
947.110 Order.
947.111 Marketing agreement.
947.112 Terms.
947.113 Area determinations.
947.120 Hardship exemption.
947.123 Reports and records.
947.130 Special Purpose Certificates -- application and issuance.
947.132 Reports.
947.133 Denial and appeals.
947.134 Establishment of list of manufacturers of potato products.
947.150 Reestablishment of districts.
947.160 Reapportionment of committee membership.
947.340 Handling regulation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 946.336 Subpart -- Order Regulating Handling
Source: 20 FR 7068, Sept. 21, 1955, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 946.336 Definitions
07 CFR 947.1 Secretary.
Secretary means the Secretary of Agriculture of the United States or
any officer or employee of the United States Department of Agriculture
to whom authority has heretofore been delegated, or to whom authority
may hereafter be delegated, to act in his stead.
07 CFR 947.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68
Stat. 906, 907, 1047).
07 CFR 947.3 Person.
Person means an individual, partnership, corporation, association, or
any organized group or business unit.
07 CFR 947.4 Production area.
Production area means and includes Modoc and Siskiyou Counties in the
State of California, and all counties, except Malheur, in the State of
Oregon.
07 CFR 947.5 Potatoes.
Potatoes means all varieties of Irish Potatoes grown within the
aforesaid production area.
07 CFR 947.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of potatoes owned by another person) who
ships potatoes or causes potatoes to be shipped.
(35 FR 10741, July 2, 1970)
07 CFR 947.7 Handle.
Handle is synonymous with ship and means to sell, transport, or in
any other way to place potatoes, or cause potatoes to be placed in the
current of the commerce within the production area or between the
production area and any point outside thereof, or from any point in the
adjoining States of Idaho and Washington and Malheur County, Oreg., to
any other point: Provided, That the definition of ''handle'' shall not
include the transportation of ungraded potatoes within the district
where they were grown for the purpose of having such potatoes prepared
for market, or stored, except that the committee may impose safeguards,
pursuant to 947.55 with respect to such potatoes.
(35 FR 10741, July 2, 1970)
07 CFR 947.8 Producer.
Producer is synonymous with grower and means any person engaged in a
proprietary capacity in the production of potatoes for market.
(35 FR 10741, July 2, 1970)
07 CFR 947.9 Fiscal period.
Fiscal period means the period beginning and ending on the dates
approved by the Secretary pursuant to recommendations by the committee.
07 CFR 947.10 Committee.
Committee means the administrative committee, called the
Oregon-California Potato Committee, established pursuant to 947.25.
07 CFR 947.11 Varieties.
Varieties means and includes all classifications or subdivisions of
Irish potatoes according to those definitive characteristics now or
hereafter recognized by the United States Department of Agriculture.
07 CFR 947.12 Seed potatoes.
Seed potatoes means and includes all potatoes officially certified
and tagged, marked or otherwise appropriately identified under the
supervision of the official seed potato certifying agency of the State
from which the potatoes are shipped, or other seed certification
agencies which the Secretary may recognize.
07 CFR 947.14 Pack.
Pack means a unit of potatoes in any type of container and which
falls within specific weight limits or within specific grade limits
recommended by the committee and approved by the Secretary.
07 CFR 947.15 Grade and size.
Grade means any one of the officially established grades of potatoes,
and size means any one of the officially established sizes of potatoes,
as defined and set forth in:
(a) The U.S. Standards for Potatoes issued by the U.S. Department of
Agriculture ( 51.1540 to 51.1556 of this title), or amendments thereto,
or modifications thereof, or variations based thereon;
(b) U.S. Consumer Standards for Potatoes as issued by the U.S.
Department of Agriculture ( 51.1575 to 51.1587 of this title), or
amendments thereto, or modifications thereof, or variations based
thereon;
(c) U.S. Standards for Grades of Potatoes for Processing as issued by
the U.S. Department of Agriculture ( 51.3410 to 51.3424 of this title),
or amendments thereto, or modifications thereof, or variations based
thereon;
(d) U.S. Standards for Grades of Peeled Potatoes ( 52.2421 to
52.2433 of this title), or amendments thereto, or modifications thereof,
or variations based thereon; and
(e) Standards for potatoes issued by the State of Oregon or
California, or amendments thereto, or modifications thereof, or
variations based thereon.
(35 FR 10741, July 2, 1970)
07 CFR 947.16 Grading.
Grading is synonymous with preparing for market which means the
sorting or separating of potatoes into grades and sizes for market
purposes.
07 CFR 947.17 Export.
Export means shipment of potatoes beyond the boundaries of
continental United States.
07 CFR 947.18 District.
District means each one of the geographical divisions of the
production area established pursuant to 947.32.
07 CFR 947.18 Administrative Committee
07 CFR 947.25 Establishment and membership.
(a) The Oregon-California Potato Committee consisting of 14 members,
of whom nine shall be producers and five shall be handlers, is hereby
established. For each member of the committee there shall be an
alternate who shall have the same qualifications as the member.
(b) An alternate member of the committee shall act in the place and
stead of the member for whom he is an alternate during such member's
absence. In the event of the death, removal, resignation, or
disqualification of a member his alternate shall act for him until a
successor for such member is selected and has qualified.
(20 FR 7068, Sept. 21, 1955, as amended at 35 FR 10741, July 2, 1970)
07 CFR 947.26 Procedure.
(a) Nine members of the committee shall be necessary to constitute a
quorum and nine concurring votes shall be required to pass any motion or
approve any committee action.
(b) The committee may provide for meeting by telephone, telegraph, or
other means of communication and any vote cast at such meeting shall be
confirmed promptly in writing: Provided, That if any assembled meeting
is held, all votes shall be cast in person.
(20 FR 7068, Sept. 21, 1955, as amended at 35 FR 10741, July 2, 1970)
07 CFR 947.27 Selection.
(a) Persons selected as committee members or alternates to represent
producers or handlers shall be producers or handlers, respectively, or
officers or employees of a corporate producer or handler, respectively,
in the district for which selected and shall be residents of such
district.
(b) The Secretary shall select three producer members of the
committee, with their respective alternates, from District No. 1; two
producer members, with their respective alternates, from each of
Districts No. 2 and No. 4; and one producer member, with his
respective alternate, from each of Districts No. 3 and No. 5. The
Secretary shall also select one handler member of the committee with his
respective alternate, from each of Districts Nos. 1, 2, 3, 4, and 5.
(c) Any person selected by the Secretary as a committee member or as
an alternate shall qualify by filing a written acceptance with the
Secretary within ten days after being notified of such selection.
(20 FR 7068, Sept. 21, 1955, as amended at 35 FR 10742, July 2, 1970)
07 CFR 947.28 Term of office.
(a) Except as otherwise provided in this section, the term of office
of committee members and alternates shall be 2 years beginning June 1
and ending May 31. The terms of office of members and alternates shall
be so determined that approximately one-half of the total producer
committee membership and approximately one-half of the total handler
committee membership shall terminate each May 31.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof beginning on the date on which they qualify during the
current term of office and continuing until the end thereof, and until
their successors are selected and have qualified.
(c) The initial producer member and his alternate for District No. 5
shall be selected for a period of 2 years beginning with the committee
selected for the term of office beginning June 1, 1970, through May 31,
1972. The initial handler member and his alternate for District No. 5
shall be selected for a 1-year term of office beginning June 1, 1970,
through May 31, 1971, and thereafter each term of office shall be for 2
years.
(20 FR 7068, Sept. 21, 1955, as amended at 35 FR 10742, July 2, 1970)
07 CFR 947.29 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this subpart in accordance with
its terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this subpart; and
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 947.30 Duties.
It shall be the duty of the committee:
(a) At the beginning of each fiscal period, to meet and organize, to
select a chairman and such other officers as may be necessary, to select
subcommittees of committee members, and to adopt such rules and
regulations for the conduct of its business as it may deem advisable;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary and to determine the salaries and define the duties of
each such person;
(e) To investigate, from time to time, and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
potatoes;
(f) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books, and
records shall be subject to examination at any time by the Secretary or
his authorized agent or representative;
(g) To make available to producers and handlers the committee voting
record on recommended regulations and on other matters of policy;
(h) At the beginning of each fiscal period, to submit to the
Secretary a budget of its expenses for such fiscal period, together with
a report thereon;
(i) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal period, and at such other time as
the committee may deem necessary or as the Secretary may request, and
the report of such audit shall show the receipt and expenditure of funds
collected pursuant to this subpart; and, a copy of each such report
shall be made available at the principal office of the committee for
inspection by producers and handlers;
(j) To consult, cooperate, and exchange information with other potato
marketing committees and other individuals or agencies in connection
with all proper committee activities and objectives under this subpart;
and
(k) To establish, and pay the expenses of, advisory subcommittees for
the purpose of consulting with Federal, State, and other appropriate
agencies with respect to the establishment of marketing research and
development projects pursuant to 947.47.
07 CFR 947.31 Expenses and compensation.
Committee members and their respective alternates when acting on
committee business shall be reimbursed for reasonable expenses
necessarily incurred by them in the performance of their duties and in
the exercise of their powers under this subpart. In addition, they may
receive reasonable compensation at a rate recommended by the committee
and approved by the Secretary.
(35 FR 10742, July 2, 1970)
07 CFR 947.32 Districts.
(a) The following districts of the production area are hereby
established as follows:
District No. 1. The counties of Crook, Deschutes, and Jefferson in
the State of Oregon;
District No. 2. The counties of Klamath, Lake, Jackson, and
Josephine in the State of Oregon;
District No. 3. The counties of Curry, Coos, Douglas, Lane, Lincoln,
Benton, Linn, Polk, Marion, Yamhill, Tillamook, Washington, Clatsop,
Columbia, Multnomah, Clackamas, and Hood River in the State of Oregon;
District No. 4. The counties of Modoc and Siskiyou in the State of
California;
District No. 5. The counties of Wasco, Sherman, Gilliam, Morrow,
Umatilla, Wallowa, Union, Baker, Grant, Wheeler, and Harney in the State
of Oregon.
(b) The Secretary, upon the recommendation of the committee, may
reestablish districts within the production area and may reapportion
committee membership among the various districts: Provided, That in
recommending any such changes in districts or representation, the
committee shall give consideration to (1) the relative importance of new
areas of production, (2) changes in the relative position of existing
districts with respect to production, (3) the geographic location of
areas of production as they would affect the efficiency of administering
this part, and (4) other relevant factors: Provided, further, That
there shall be no change in the total number of committee members or in
the total number of districts.
(20 FR 7068, Sept. 21, 1955, as amended at 35 FR 10742, July 2, 1970)
07 CFR 947.33 Nominations.
The Secretary may select the members of the Oregon-California Potato
Committee and their respective alternates from nominations which may be
made in the following manner:
(a) A meeting or meetings of producers and handlers shall be held by
the committee in each district for which nominees are to be selected,
not later than April 1 of each year, to designate nominees for members
and alternatives to the committee;
(b) At least one nominee shall be designated for each position as
member and for each position as alternate member on the committee which
is vacant, or which is to become vacant the following June 1;
(c) The names of nominees shall be supplied to the Secretary in such
manner and form as he may prescribe, not later than May 1 of each year,
or by such other date as may be specified by the Secretary;
(d) Only producers may participate in designating producer nominees
and only handlers may participate in designating handler nominees. Any
person who operates in more than one district or is engaged in producing
and handling potatoes, shall elect the classification (i.e., producer or
handler), and the district within which he desires to participate in
designating nominees;
(e) Regardless of the number of districts in which a person produces
or handles potatoes, each such person is entitled to cast only one vote
on behalf of himself, his agents, subsidiaries, affiliates, and
representatives in designating nominees for committee members and
alternates. An eligible voter's privilege of casting only one vote as
aforesaid shall be construed to permit a voter to cast one vote for each
position to be filled in the district in which he elects to vote; and
(f) If nominations are not made within the time and in the manner
specified in this section, the Secretary may, without regard to
nominations, select the committee members and alternates on the basis of
the representation provided for in this subpart.
(35 FR 10742, July 2, 1970)
07 CFR 947.34 Vacancies.
To fill any vacancy occasioned by the failure of any person selected
as a committee member or as an alternate to qualify, or in the event of
the death, removal, resignation, or disqualification of any qualified
member or alternate, a successor for his unexpired term may be selected
by the Secretary from nominations made in the manner specified in
947.33, or the Secretary may select such committee member or alternate
from previously unselected nominees on the current nominee list from the
district involved. If the names of nominees to fill any such vacancy
are not made available to the Secretary within 30 days after such
vacancy occurs, the Secretary may fill such vacancy without regard to
nominations, which selection shall be made on the basis of the
representation provided for in this subpart.
07 CFR 947.35 Annual report.
The committee shall prepare and submit to the Secretary, within 2
months following the last day of each fiscal period, an annual report
covering such fiscal period, and make a copy available to each handler
and producer who requests it. This annual report shall contain at
least:
(a) A complete review of the regulatory operations during the fiscal
period;
(b) An appraisal of the effect of such regulatory operations upon the
potato industry within the production area; and
(c) Any recommendations for changes.
(35 FR 10742, July 2, 1970)
07 CFR 947.35 Expenses and Assessments
07 CFR 947.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
finds are reasonable and likely to be incurred by it during each fiscal
period for such purposes as the Secretary may, pursuant to the
provisions of this subpart, determine to be appropriate and for the
maintenance and functioning of the committee. The committee shall
submit to the Secretary a budget for each fiscal period, including an
explanation of the items appearing therein, and a recommendation as to
the rate of assessment for such fiscal period.
(35 FR 10742, July 2, 1970)
07 CFR 947.41 Assessments.
(a) Each handler shall pay to the committee upon demand his pro rata
share of the expenses authorized by the Secretary for each fiscal
period. Each handler's pro rata share shall be the rate of assessment
per hundredweight fixed by the Secretary times the quantity of potatoes
which he handles as the first handler thereof. At any time during or
after a fiscal period, the Secretary may increase the rate of assessment
as necessary to cover authorized expenses. The payment of expenses for
the maintenance and functioning of the committee may be required during
periods when no regulations are in effect. If a handler does not pay
his assessment within the time prescribed by the committee, the
assessment may be increased by a late payment charge or an interest
charge, at rates prescribed by the committee with the approval of the
Secretary.
(b) Excess funds: At the end of a fiscal period, funds in excess of
the year's expenses shall be placed in an operating reserve not to
exceed approximately one fiscal period's operational expenses or such
lower limits as the committee, with the approval of the Secretary, may
establish. Funds in such reserve shall be available for use by the
committee for expenses authorized pursuant to 947.40. Funds in excess
of those placed in the operating reserve shall be refunded to handlers.
Each handler's share of such excess shall be the amount of assessments
he paid in excess of his pro rata share of the actual expenses of the
committee and the addition, if any, to the operating reserve.
(c) Accounting of funds upon termination of order: Any money
collected as assessments pursuant to this subpart and remaining
unexpended in the possession of the committee after termination of this
part shall be distributed in such manner as the Secretary may direct:
Provided, That to the extent practical, such funds shall be returned pro
rata to the persons from whom such funds were collected.
(35 FR 10742, July 2, 1970)
07 CFR 947.41 Research and Development
07 CFR 947.47 Research and development.
The committee, with the approval of the Secretary, may provide for
the establishment of marketing research and development projects
designed to assist, improve, or promote the marketing, distribution, and
consumption of potatoes.
07 CFR 947.47 Regulation
07 CFR 947.50 Marketing policy.
(a) Preparation. Prior to each marketing season the committee shall
consider and prepare a proposed policy for the marketing of potatoes.
In developing its marketing policy the committee shall investigate
relevant supply and demand conditions for potatoes. In such
investigations the committee shall give appropriate consideration to the
following:
(1) Market prices for potatoes, including prices by grade, size,
quality, and maturity in different packs, or any other shipping unit;
(2) Supply of potatoes by grade, size, quality, and maturity in the
production area and in other production areas;
(3) The trend and level of consumer income;
(4) Establishing and maintaining orderly marketing conditions for
potatoes;
(5) Orderly marketing of potatoes as will be in the public interest;
and
(6) Other relevant factors.
(b) Reports. (1) The committee shall submit a report to the
Secretary setting forth the aforesaid marketing policy and it shall
notify producers and handlers of the contents of such report.
(2) In the event it becomes advisable to shift from such marketing
policy because of changed supply and demand conditions, the committee
shall prepare a new marketing policy in accordance with the manner
previously outlined. The committee shall submit a report thereon to the
Secretary and notify producers and handlers of the contents of such
report on the revised or amended marketing policy.
07 CFR 947.51 Recommendations for regulations.
The committee shall recommend to the Secretary grade, size, quality,
and maturity regulations, or amendments thereto, or modifications
thereof, whenever it finds that such regulations as provided in 947.52
will tend to effectuate the declared policy of the act. The committee
also may recommend modification, suspension, or termination of any
regulation, or amendments thereto, in order to facilitate the handling
of potatoes for the purposes authorized in 947.54. The committee may
also recommend amendment, termination, or suspension of any regulation
issued under this part.
07 CFR 947.52 Issuance of regulations.
(a) The Secretary shall limit the shipment of potatoes as set forth
in this subpart whenever he finds from the recommendation and
information submitted by the committee, or from other available
information, that it would tend to effectuate the declared policy of the
act:
(1) To regulate, in any or all portions of the production area, the
handling of particular grades, sizes, qualities, or maturities of any or
all varieties of potatoes, or any combination of the foregoing, during
any period;
(2) To regulate the handling of particular grades, sizes, qualities,
or maturities of any or all varieties of potatoes, or any combination of
the foregoing during any period, in the States of Idaho and Washington
and Malheur County in Oregon which had been shipped from the production
area to specified locations therein for grading or storage pursuant to
947.54.
(3) To regulate the handling of particular grades, sizes, qualities,
or maturities of any or all varieties differently, for different
portions of the production area, for different uses or outlets, for
potatoes for prepeeling to different markets, for different packs, or
for any combination of the foregoing, during any period; and
(4) To regulate the shipment of potatoes by establishing, in terms of
grades, sizes, or both, minimum standards of quality and maturity.
(b) The Secretary may amend any regulation issued under this subpart
whenever he finds that such amendment would tend to effectuate the
declared policy of the act. The Secretary may also terminate or suspend
any regulation whenever he finds that such regulation obstructs or no
longer tends to effectuate the declared policy of the act.
(c) The Secretary shall notify the committee of any such regulation
issued pursuant to this section and the committee shall give reasonable
notice thereof to handlers.
(35 FR 10742, July 2, 1970)
07 CFR 947.53 Minimum quantities.
The committee, with the approval of the Secretary, may establish, for
any or all portions of the production area, minimum quantities below
which shipments will be free from regulations issued pursuant to this
part.
(35 FR 10743, July 2, 1970)
07 CFR 947.54 Shipments for specified purposes.
(a) Whenever the Secretary finds, upon the basis of the
recommendations and information submitted by the committee, or from
other available information, that it will tend to effectuate the
declared policy of the act, he shall modify, suspend, or terminate any
or all regulations issued pursuant to this part, in order to facilitate
shipments of potatoes for the following purposes:
(1) Livestock feed;
(2) Charity;
(3) Export;
(4) Seed;
(5) Prepeeling;
(6) Canning and freezing;
(7) Processing into other products, including ''other processing,''
pursuant to Pub. L. 91-196, 91st Cong., second session (Feb. 20, 1970);
(8) Such other purposes as may be specified by the committee, with
the approval of the Secretary; and
(9) Grading or storing between the districts within the production
area or to and within specified locations in the adjoining States of
Idaho and Washington and Malheur County in the State of Oregon.
(b) The Secretary shall give prompt notice to the committee of any
modification, suspension, or termination of regulations pursuant to this
section, or of any approval issued by him under the provisions of this
section.
(35 FR 10743, July 2, 1970)
07 CFR 947.55 Safeguards.
(a) The committee, with the approval of the Secretary, may prescribe
adequate safeguards to prevent shipments pursuant to 947.54 from
entering channels of trade and other outlets for other than the specific
purpose authorized therefor.
(b) Safeguards provided by this section may include, but shall not be
limited to, requirements that handlers:
(1) Shall obtain the inspection required by 947.60 or pay the
assessment provided by 947.41 or both, in connection with the potato
shipments effected in accordance with 947.54, and
(2) Shall obtain a Special Purpose Certificate from the committee for
shipments of potatoes effected or to be effected under provisions of
947.54.
(c) The committee, with the approval of the Secretary, shall
prescribe rules governing the issuance and the contents of Special
Purpose Certificates.
(d) The committee may rescind, or deny to any handler, the Special
Purpose Certificate if proof satisfactory to the committee is obtained
that potatoes shipped by him for the purpose stated in the certificate
were handled contrary to the provisions of the certificate and this
section.
(e) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of potatoes covered by such applications for such certificates, the
number of such applications denied, and certificates granted, the
quantity of potatoes shipped under duly issued certificates, and such
other information as may be requested by the Secretary.
(35 FR 10743, July 2, 1970)
07 CFR 947.55 Inspection and Certification
07 CFR 947.60 Inspection and certification.
(a) During any period in which the handling of potatoes is regulated
pursuant to 947.42, 947.52, or 947.54, or any combination thereof, no
handler shall handle potatoes unless such potatoes are inspected by an
authorized representative of the Federal-State Inspection Service, or
such other inspection service as the Secretary shall designate, and are
covered by a valid inspection certificate, except when relieved from
such requirements pursuant to 947.53 or 947.54 or both.
(b) Regrading, resorting, or repacking any lot of potatoes shall
invalidate any prior inspection certificates insofar as the requirements
of this section are concerned. No handler shall handle potatoes after
they have been regraded, resorted, repacked, or in any way further
prepared for market, unless such potatoes are inspected by an authorized
representative of the Federal-State Inspection Service, or such other
inspection service as the Secretary shall designate: Provided, That
such inspection requirements on regraded, resorted, or repacked potatoes
may be modified, suspended, or terminated under rules and regulations
recommended by the committee, and approved by the Secretary.
(c) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(d) When potatoes are inspected in accordance with the requirements
of this section, a copy of each inspection certificate issued shall be
made available to the committee by the inspection service.
07 CFR 947.60 Exemptions
07 CFR 947.65 Procedure.
The committee may adopt, subject to approval of the Secretary, the
procedures pursuant to which certificates of exemption will be issued to
producers or handlers.
07 CFR 947.66 Granting exemptions.
(a) The committee may issue certificates of exemption to any producer
who applies for such exemption and furnishes adequate evidence to the
committee: (1) That by reason of a regulation issued pursuant to
947.52 he will be prevented from handling as large a proportion of his
production as the average proportion of production handled by all
producers in said applicant's immediate production area; and (2) that
the grade, size, or quality of the applicant's potatoes have been
adversely affected by acts beyond the applicant's control and by acts
beyond reasonable expectation. Each certificate shall permit the
producer to handle the amount of potatoes specified thereon. Such
certificates shall be transferred with such potatoes at time of
shipment.
(b) The committee may issue certificates of exemption to any handler
who applies for such exemption and furnishes adequate evidence to the
committee: (1) That by reason of a regulation issued pursuant to
947.52 he will be prevented from handling as large a proportion of his
storage holdings of ungraded potatoes, acquired during or immediately
following the digging season, as the average proportion of ungraded
storage holdings handled by all handlers in said applicant's immediate
shipping area; and (2) that the grade, size, or quality of the
applicant's potatoes have been adversely affected by acts beyond the
applicant's control and by acts beyond reasonable expectation. Each
certificate shall permit the handler to handle the amount of potatoes
specified thereon. Such certificate shall be transferred with such
potatoes at time of shipment.
(c) The committee shall be permitted at any time to make a thorough
investigation of any producer's or handler's claim pertaining to
exemptions.
07 CFR 947.67 Appeal.
If any applicant for exemption certificates is dissatisfied with the
determination by the committee with respect to his application, said
applicant may file an appeal with the committee. Such an appeal must be
taken promptly after the determination by the committee from which the
appeal is taken. Any applicant filing an appeal shall furnish evidence
satisfactory to the committee for a determination on the appeal. The
committee shall thereupon reconsider the application, examine all
available evidence, and make a final determination concerning the
application. The committee shall notify the appellant of the final
determination and shall furnish the Secretary with a copy of the appeal
and a statement of considerations involved in making the final
determination.
07 CFR 947.68 Review, records, and reports of exemptions.
(a) The Secretary shall have the right to modify, change, alter, or
rescind any procedure and any exemptions granted pursuant to 947.65,
947.66, 947.67, or any combination thereof.
(b) The committee shall maintain a record of all applications
submitted for exemption certificates, a record of all exemption
certificates issued and denied and the quantity of potatoes covered by
such exemption certificates, a record of the amount of potatoes handled
under exemption certificates, a record of appeals for reconsideration of
applications, and such information as may be requested by the Secretary.
Periodic reports on such records shall be compiled and issued by the
committee upon request of the Secretary.
07 CFR 947.68 Effective Time and Termination
07 CFR 947.70 Effective time.
(a) The provisions of this subpart shall become effective at such
time as the Secretary may declare above his signature attached to this
subpart, and shall continue in force until terminated in one of the ways
specified in this subpart.
(b) All rules and regulations issued by the Secretary pursuant to
this part (Order No. 947, as amended), which are in effect immediately
prior to the date of this amendment shall continue in effect under this
subpart as originally issued, or subsequently modified, until such rules
and regulations are changed, modified, or suspended in accordance with
this subpart.
07 CFR 947.71 Termination.
(a) The Secretary may at any time terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers who, during the preceding fiscal
period, have been engaged in the production for market of potatoes;
Provided, That such majority has, during such period, produced for
market more than fifty percent of the volume of such potatoes produced
for market; but such termination shall be effective only if announced
on or before June 30 of the then current fiscal period.
(d) The provisions of this subpart shall in any event terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 947.72 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart, the then
functioning members of the committee shall continue as trustees, for the
purpose of liquidating the affairs of the committee, of all the funds
and property then in the possession of or under control of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall, upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such person full title and right to all of the
funds, property, and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 947.73 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not: (a) Affect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provision of
this subpart or any regulation issued under this subpart; (b) release
or extinguish any violation of this subpart or of any regulation issued
under this subpart; or (c) affect or impair any rights or remedies of
the Secretary or of any other person with respect to any such violation.
07 CFR 947.73 Miscellaneous Provisions
07 CFR 947.80 Reports.
(a) Upon the request of the committee, with the approval of the
Secretary, each handler shall furnish to authorized employees of the
committee, in such manner, on such forms and at such time as the
committee may prescribe, such reports and other information as may be
necessary for the committee to perform its duties under this part. The
Secretary shall have the right to modify, change, or rescind any
requests for reports pursuant to this section.
(b) Such reports may include, but are not necessarily limited to, the
following: (1) The quantities of potatoes received by a handler; (2)
the quantities disposed of by him segregated as to the respective
quantities subject to regulation and not subject to regulation; (3) the
date of each such disposition and the identification of the carrier
transporting such potatoes; and (4) identification of the inspection
certificates relating to the potatoes which are handled pursuant to
947.52 or 947.54, or both.
(c) All such reports shall be kept in the custody and under the
control of one or more employees of the committee so that the
information contained therein, which may adversely affect the
competitive position of any handler in relation to other handlers will
not be disclosed. Compilations of general reports from data submitted
by handlers is authorized, subject to the prohibition of disclosure of
individual handlers' identities or operations.
(d) Each handler shall maintain and make available on request for at
least 2 succeeding years, following his handling of potatoes, such
records and documents on potatoes received and potatoes disposed of by
him as may be necessary to verify reports required to be submitted to
the committee pursuant to this section.
(35 FR 10743, July 2, 1970)
07 CFR 947.81 Compliance.
Except as provided in this subpart, no handler shall handle potatoes,
the handling of which has been prohibited by the Secretary in accordance
with provisions of this subpart, and no handler shall handle potatoes
except in conformity to the provisions of this subpart.
07 CFR 947.82 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 947.83 Duration of immunities.
The benefits, privileges, and immunities conferred upon any persons
by virtue of this subpart shall cease upon the termination of this
subpart, except with respect to acts done under and during the existence
of this subpart.
07 CFR 947.84 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the Government, or name any agency
in the United States Department of Agriculture, to act as his agent or
representative in connection with any of the provisions of this subpart.
07 CFR 947.85 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 947.86 Personal liability.
No member or alternate of the committee, nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever to any handler or any person
for errors in judgment, mistakes, or other acts, either of commission or
omission, as such member, alternate, or employee, except for acts of
dishonesty.
07 CFR 947.87 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing, shall
not be affected thereby.
07 CFR 947.88 Amendments.
Amendments to this subpart may be proposed from time to time, by the
committee or by the Secretary.
07 CFR 947.88 Subpart -- Rules and Regulations
Source: 22 FR 8176, Oct. 16, 1957, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 947.88 General
07 CFR 947.100 Communications.
Unless otherwise provided in the marketing agreement and order (
947.1 to 947.88), or by specific direction of the committee, all
reports, applications, submittals, requests, and communications in
connection therewith shall be addressed to the committee at its
principal office.
07 CFR 947.100 Definitions
07 CFR 947.110 Order.
Order means Order No. 947, as amended ( 947.1 to 947.88),
regulating the handling of Irish potatoes grown in Modoc and Siskiyou
Counties in California and in all Counties in Oregon, except Malheur
County.
07 CFR 947.111 Marketing agreement.
Marketing agreement means Marketing Agreement No. 114, as amended.
07 CFR 947.112 Terms.
Terms used in this subpart shall have the same meaning as when used
in said marketing agreement and order.
07 CFR 947.113 Area determinations.
Immediate production area, and immediate shipping area, respectively,
are each synonymous with district.
07 CFR 947.113 Exemptions
07 CFR 947.120 Hardship exemption.
Handlers seeking an exemption pursuant to the provisions of
947.65-947.67 shall make application to the committee on forms furnished
by it. All information and conditions relative to the application will
be considered promptly. The decision of the committee shall be final
subject to the appeal procedures prescribed in 947.67.
(39 FR 2270, Jan. 18, 1974)
07 CFR 947.123 Reports and records.
Any person handling potatoes under 947.120 shall record and report
shipments in such frequency as the committee may prescribe.
(39 FR 2270, Jan. 18, 1974)
07 CFR 947.123 Safeguards
07 CFR 947.130 Special Purpose Certificates -- application and
issuance.
Each person handling potatoes for special purposes under safeguard
requirements imposed pursuant to this part shall apply to the committee
for a Special Purpose Certificate. The committee shall make available,
on request, the forms for such application as well as such report forms
at it may require under 947.132.
(39 FR 2270, Jan. 18, 1974)
07 CFR 947.132 Reports.
(a) Immature potatoes. The applicant shall identify the producer and
the dates on which such potatoes will be handled in his application for
a Special Purpose Certificate.
(b) Certified seed. A special purpose shipment report shall be
required for each load of certified seed when shipped outside the
district ( 947.18) where grown. The shipper of such certified seed
potatoes shall return the completed form to the committee within the
time period prescribed on such forms.
(c) Livestock feed. (1) The committee may require the applicant to
furnish information specifying the location where the potatoes are to be
consumed, the anticipated quantity of potatoes to be so handled, the
total acreage from which the feed will be derived and the approximate
starting and ending dates for such shipments.
(2) Any person handling potatoes for this purpose shall record and
report the volume handled at such intervals as the committee may
prescribe.
(39 FR 2270, Jan. 18, 1974, as amended at 56 FR 55986, Oct. 31, 1991)
07 CFR 947.133 Denial and appeals.
(a) The committee may suspend a handler's Special Purpose Certificate
for a period of 30 days for failure to report as required by 947.132.
(1) A handler who has had two or more certificates suspended or his
certificate suspended twice within the preceding two year period may be
refused a Special Purpose Certificate. The committee also may revoke
for a period of up to one year the Special Purpose Certificate of any
handler who has had his certificate suspended twice within a marketing
season.
(b) Upon refusal, suspension or revocation of a Special Purpose
Certificate, the handler may make a written appeal for reconsideration
of the decision to the committee. The Chairman shall direct that the
committee immediately reconsider the action.
(39 FR 2270, Jan. 18, 1974)
07 CFR 947.134 Establishment of list of manufacturers of potato
products.
(a) The committee shall establish and maintain in its office a list
of firms who are manufacturers of potato products handled pursuant to
947.54(a)(5)-(7) inclusive. Such list may consist of firms actively
engaged in the business of canning, freezing, or ''other processing'' as
defined in the act; or prepeeling as described in 52.2422 United
States Standards for Grades of Peeled Potatoes ( 52.2421-52.2433 of
this title).
(b) Persons who wish to be placed on the committee's list of
manufacturers of potato products may apply to the committee and shall
supply the following information:
(1) Name and address of applicant;
(2) Location and description of facilities for commercial processing
of potatoes into products;
(3) Expected source of potatoes for commercial processing into
products;
(4) Certification to the Secretary that potatoes received for
processing will not be diverted to the fresh market,
(5) Such other information as the committee, with the approval of the
Secretary, may deem necessary.
Upon receipt of an application for such listing, the
Oregon-California Potato Committee shall make such investigation as it
deems necessary, and if it appears that the applicant may reasonably be
expected to use potatoes covered by the application in accordance with
and to comply with the requirements of this section, it shall place the
person's name on the Oregon-California Potato Committee's list of
manufacturers of potato products.
(c) If shipment is to a person whose name is not on the committee's
list of manufacturers, the handler must provide evidence to the
committee prior to shipment that the potatoes will be used only for
processing into products. Further, he shall submit reports as
prescribed by the committee and approved by the Secretary.
(d) The committee may remove from the list of manufacturers of potato
products the name of any person who fails to comply with the safeguard
requirements of this part.
(39 FR 2271, Jan. 18, 1974, as amended at 39 FR 31880, Sept. 3, 1974)
07 CFR 947.134 Reestablishment of Districts
07 CFR 947.150 Reestablishment of districts.
Pursuant to 947.32(b) and the recommendation of the
Oregon-California Potato Committee, the counties of Jackson and
Josephine in the State of Oregon (currently a portion of District No.
3) are reestablished as a part of District No. 2. Terms used in this
section shall have the same meaning as when used in said marketing
agreement and this part.
(33 FR 14229, Sept. 20, 1968)
07 CFR 947.160 Reapportionment of committee membership.
(a) Pursuant to 947.32(b), the membership of the Oregon-California
Potato Committee shall be apportioned among the districts so as to
provide the following representation: (1) Producer membership -- two
members from each of Districts No. 2 and No. 5; three members from
District No. 4; and one member from each of Districts No. 1 and No.
3; (2) Handler membership -- one member from each of Districts No. 1,
No. 2, No. 3, No. 4, and No. 5. The respective alternates shall be
selected on the same basis of representation as the members.
(b) Terms used in this section shall have the same meaning as when
used in said marketing agreement and this part.
(39 FR 30825, Aug. 26, 1974)
07 CFR 947.340 Handling regulation.
No person shall handle any variety of potatoes grown in the
production area, except for non-white fleshed varieties of potatoes,
unless such potatoes meet the requirements specified in paragraphs (a)
through (f) of this section, or unless such potatoes are handled in
accordance with paragraphs (g) and (h), or (i) of this section.
(a) Grade requirements. Such potatoes grade at least U.S. No. 2.
(b) Size requirements. (1) Such potatoes shipped to points within
the continental United States shall be at least 2 inches in diameter or
weigh at least 4 ounces, and such potatoes shipped to export
destinations shall be at least 1 1/2 inches in diameter.
(2) Red-skinned varieties of potatoes may be shipped without regard
to any minimum size requirement, if they otherwise grade at least U.S.
No. 1.
(3) All non-red-skinned varieties of potatoes that measure 1 3/4
inches in diameter or less may be shipped if such potatoes otherwise
grade at least U.S. No. 1.
(c) Cleanness requirements. All varieties and grades -- As required
in the United States Standards for Grades of Potatoes, except that U.S.
Commercial may be no more than ''slightly dirty.''
(d) Maturity (skinning) requirements. (1) Round and White Rose
varieties: not more than ''moderately skinned.''
(2) Other Long Varieties (including but not limited to Russet Burbank
and Norgold): not more than ''slightly skinned.''
(3) Not to exceed a total of 100 hundredweight of potatoes may be
handled during any seven day period without meeting these maturity
requirements. Prior to shipment of potatoes exempt from the above
maturity requirements, the handler shall obtain from the committee a
Certificate of Privilege.
(e) Pack. Potatoes packed in 50-pound cartons shall be U.S. No. 1
grade or better, except that potatoes that fail to meet the U.S. No. 1
grade only because of hollow heart and/or internal discoloration may be
shipped provided the lot contains not more than 10 percent damage by
hollow heart and/or internal discoloration, or not more than 5 percent
serious damage by internal defects.
(f) Inspection. (1) Except when relieved by paragraphs (g) and (h),
or (i) of this section and paragraph (f)(2) of this section, no person
shall handle potatoes without first obtaining inspection from an
authorized representative of the Federal-State Inspection Service.
(2) Handlers making shipments from facilities located in an area
where inspection costs would otherwise exceed one and one-half times the
current per-hundredweight inspection fee, are exempt from on-site
inspection provided such handler has made application to the committee
for inspection exemption on forms supplied by the committee, and
provided further that such handler signs an agreement with the committee
to report each shipment on a daily basis and pay the committee a sum
equal to the current inspection fee.
(3) For the purpose of operation under this part each required
inspection certificate is hereby determined, pursuant to 947.60(c) to
be valid for a period of not to exceed 14 days following completion of
inspection as shown on the certificate. The validity period of an
inspection certificate covering inspected and certified potatoes that
are stored in mechanically refrigerated storage within 14 days of the
inspection shall be 14 days plus the number of days that the potatoes
were held in refrigerated storage.
(4) Any lot of potatoes previously inspected pursuant to 947.60 and
certified as meeting the requirements of this part is not required to
have additional inspection under 947.60(b) after regrading, resorting,
or repacking such potatoes, if the inspection certificate is valid at
the time of regrading, resorting, or repacking of the potatoes.
(g) Special purpose shipments. The minimum grade, size, cleanness,
maturity, pack and inspection requirements set forth in paragraphs (a)
through (f) of this section shall not be applicable to shipments of
potatoes for any of the following purposes:
(1) Certified seed, subject to applicable safeguard requirements of
paragraph (h) of this section.
(2) Livestock feed: However, potatoes may not be handled for such
purposes if destined to points outside of the production area, except
that shipments to the counties of Benton, Franklin and Walla Walla in
the State of Washington and to Malheur County, Oregon, may be made,
subject to the safeguard provisions of paragraph (h) of this section.
(3) Planting in the district where grown: Further, potatoes for this
purpose grown in District No. 2 or District No. 4 may be shipped
between those two districts.
(4) Between districts within the production area for grading or
storing. In addition, potatoes grown in District No. 5 may be shipped
for grading and storing to points in the counties of Adams, Benton,
Franklin and Walla Walla in the State of Washington, or to Malheur
County, Oregon, without regard to the safeguard provisions of paragraph
(h) of this section.
(5) Charity: Except that shipments for charity may not be resold if
they do not meet the requirements of the marketing order, and that
shipments in excess of 5 hundredweight per charitable organization shall
be subject to the safeguard provisions of paragraph (h) of this section.
(6) Starch manufacture.
(7) Canning, freezing, prepeeling, and ''other processing'' (except
starch manufacturing) as hereinafter defined (including storage for such
purposes).
(h) Safeguards (1) Each handler making shipments of certified seed
outside the district where grown pursuant to paragraph (g) of this
section shall obtain from the committee a Certificate of Privilege, and
shall furnish a report of shipments to the committee on Special Purpose
Shipment Report forms.
(2) Each handler making shipments of potatoes pursuant to paragraphs
(g)(2) and (g)(5) of this section shall obtain a Certificate of
Privilege from the committee, and shall report shipments on Special
Purpose Shipment Report forms at such intervals as the committee may
prescribe in its administrative rules.
(3) Each handler making shipments pursuant to paragraph (g)(7) of
this section may ship such potatoes only to persons or firms designated
as manufacturers of potato products by the committee pursuant to
947.134. Further, each handler making such shipments shall obtain a
Certificate of Privilege from the committee and shall promptly report
each shipment to the committee on Special Purpose Shipment Report forms.
(i) Minimum quantity exemption. Any person may handle not more than
19 hundredweight of potatoes on any day without regard to the inspection
requirements of 947.60 and to the assessment requirements of 947.41 of
this part except no potatoes may be handled pursuant to this exemption
which do not meet the requirements of paragraphs (a), (b), (c), (d) and
(e) of this section. This exemption shall not apply to any part of a
shipment which exceeds 19 hundredweight.
(j) Definitions. (1) The terms U.S. No. 1, U.S. Commercial, U.S.
No. 2, Size B, moderately skinned and slightly skinned shall have the
same meaning as when used in the United States Standards for Grades of
Potatoes (7 CFR 51.1540-51.1566) including the tolerances set forth
therein.
(2) The term slightly dirty means potatoes that are not damaged by
dirt.
(3) The term prepeeling means the commercial preparation in a
prepeeling plant of clean, sound, fresh potatoes by washing, peeling or
otherwise removing the outer skin, trimming, sorting, and properly
treating to prevent discoloration preparatory to sale in one or more of
the styles of peeled potatoes described in 52.2422, United States
Standards for Grades of Peeled Potatoes (7 CFR 52.2421-52.2433).
(4) The term other processing has the same meaning as the term
appearing in the act and includes, but is not restricted to, potatoes
for dehydration, chips, shoestrings, or starch, and flour. It includes
only that preparation of potatoes for market which involves the
application of heat or cold to such an extent that the natural form or
stability of the commodity undergoes a substantial change. The act of
peeling, cooling, slicing, dicing, or applying material to prevent
oxidation does not constitute ''other processing.''
(5) The term non-white fleshed potatoes means all colored fleshed
varieties of potatoes other than white-fleshed varieties of potatoes.
(6) Other terms used in this section shall have the same meaning as
when used in Marketing Agreement No. 114, as amended, and this part.
(53 FR 2996, Feb. 3, 1988, as amended at 53 FR 49114, Dec. 6, 1988;
54 FR 46718, Nov. 7, 1989; 56 FR 55986, Oct. 31, 1991)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 947.340 PART 948 -- IRISH POTATOES GROWN IN COLORADO
07 CFR 947.340 Pt. 948
07 CFR 947.340 Subpart -- Order Regulating Handling
Sec.
948.1 Secretary.
948.2 Act.
948.3 Person.
948.4 Area.
948.5 Potatoes.
948.6 Seed potatoes.
948.7 Handler.
948.8 Handle or ship.
948.9 Producer.
948.10 Fiscal period.
948.11 Grade, size and maturity.
948.12 Varieties.
948.13 Pack.
948.14 Container.
948.15 Culls.
948.16 Committee.
948.17 Export.
948.20 Marketing policy.
948.21 Recommendations for regulations.
948.22 Issuance of regulations.
948.23 Handling for special purposes.
948.24 Safeguards.
948.28 Policy.
948.29 Procedure.
948.30 Granting exemptions.
948.31 Investigation.
948.32 Appeal.
948.35 Research and development.
948.40 Inspection and certification.
948.50 Area committees.
948.51 Colorado Potato Committee.
948.52 Alternates.
948.53 Reestablishment.
948.54 Eligibility.
948.55 Term of office.
948.56 Nomination and selection.
948.57 Failure to nominate.
948.58 Vacancies.
948.59 Qualification.
948.60 Compensation and expenses.
948.61 Procedure.
948.62 Powers.
948.63 Duties.
948.75 Expenses.
948.76 Budget.
948.77 Assessments.
948.78 Accounting.
948.80 Reports.
948.81 Compliance.
948.82 Right of the Secretary.
948.83 Effective time.
948.84 Termination.
948.85 Proceedings after termination.
948.86 Effect of termination or amendment.
948.87 Duration of immunities.
948.88 Agents.
948.89 Derogation.
948.90 Personal liability.
948.91 Separability.
948.92 Amendments.
07 CFR 947.340 Subpart -- Rules and Regulations
948.100 Order.
948.101 Terms.
948.102 Communications.
948.103 Fiscal period.
948.104 Term of office.
948.120 General.
948.121 Qualification.
948.122 Application.
948.123 Approval.
948.124 Reports.
948.125 Disqualification.
948.126 General cull regulation.
948.130 Application for exemption certificates.
948.131 Federal-State inspection reports.
948.132 Issuance of exemption certificates.
948.140 Application.
948.141 Issuance.
948.142 Reports.
948.143 Cancellation.
948.150 Reestablishment of committee membership.
07 CFR 947.340 Subpart -- Accounting and Collections
948.200 Accounting and collections.
948.386 Handling regulation.
948.387 Handling regulation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 947.340 Subpart -- Order Regulating Handling
Source: 25 FR 7092, July 27, 1960, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 947.340 Definitions
07 CFR 948.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department of Agriculture to whom
authority has heretofore been delegated, or to whom authority hereafter
may be delegated, to act in his stead.
07 CFR 948.2 Act.
Act means Public Act No. 10 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674).
07 CFR 948.3 Person.
Person means an individual, partnership, corporation, association,
legal representative, or any organized group or business unit of
individuals.
07 CFR 948.4 Area.
Area means any of the subdivisions of the State of Colorado as set
forth in this section or as reestablished pursuant to 948.53.
(a) Area No. 1, commonly known as the Western Slope, includes and
consists of the counties of Routt, Eagle, Pitkin, Gunnison, Hinsdale, La
Plata, in the State of Colorado, and all counties in said State west of
the aforesaid counties.
(b) Area No. 2, commonly known as the San Luis Valley, includes and
consists of the counties of Saguache, Huerfano, Las Animas, Mineral,
Archuleta, in the State of Colorado, and all counties in said State,
south of the counties enumerated in this definition of Area No. 2.
(c) Area No. 3 includes and consists of all the remaining counties
in the State of Colorado which are not included in Area No. 1 or Area
No. 2.
07 CFR 948.5 Potatoes.
Potatoes means and includes all varieties of Irish potatoes grown
within any of the aforesaid areas.
07 CFR 948.6 Seed potatoes.
Seed potatoes or seed means any potatoes which have been certified by
the official seed certification agency of the State of Colorado and bear
the official tags, seals, or other appropriate identification indicating
such certification.
07 CFR 948.7 Handler.
Handler is synonymous with shipper and means any person, except a
common or contract carrier of potatoes owned by another person, who
handles potatoes.
07 CFR 948.8 Handle or ship.
Handle or ship means to transport, sell, or in any way to place
potatoes in the current of the commerce between the State of Colorado
and any point outside thereof.
07 CFR 948.9 Producer.
Producer means any person engaged in the production of potatoes for
market.
07 CFR 948.10 Fiscal period.
Fiscal period means the period beginning and ending on the dates
approved by the Secretary pursuant to recommendations by an area
committee.
07 CFR 948.11 Grade, size and maturity.
Grade, means any of the officially established grades of potatoes,
Size means any of the officially established sizes of potatoes, and
Maturity means any of the stages of development or condition of the
outer skin (epidermis) of potatoes, as defined in the United States
Standards for Potatoes issued by the United States Department of
Agriculture ( 51.1540 to 51.1556, inclusive of this title) or Colorado
grades established by the Commissioner, or amendments thereto, or
modifications thereof, or variations based on any of the foregoing.
07 CFR 948.12 Varieties.
Varieties means all classifications or subdivisions of Irish potatoes
according to those definitive characteristics now or hereafter
recognized by the United States Department of Agriculture.
07 CFR 948.13 Pack.
Pack means a quantity of potatoes in any type of container, which
falls within specific weight limits, numerical limits, grade limits, or
any combination of these recommended by the committee and approved by
the Secretary.
07 CFR 948.14 Container.
Container means a sack, bag, crate, box, basket, barrel, or bulk load
or any other receptacle used in the packaging, transportation, or sale
of potatoes.
07 CFR 948.15 Culls.
Culls means potatoes which do not meet the requirements set forth in
948.20.
07 CFR 948.16 Committee.
Committee means any of the area committees established pursuant to
948.50 or the Colorado Potato Committee established pursuant to 948.51.
07 CFR 948.17 Export.
Export means the shipment of potatoes to any destination which is not
within the 48 contiguous States, or the District of Columbia, of the
United States.
07 CFR 948.17 Regulation
07 CFR 948.20 Marketing policy.
(a) General cull regulation. (1) It shall be the marketing policy
for the production area to maintain a general cull regulation in effect
prohibiting the handling of potatoes for fresh market, except as
otherwise provided in this subpart, which do not meet the requirements
of the U.S. No. 2, or better, grade, 1 1/2 inches minimum diameter and
larger.
(2) Upon recommendation of the Colorado Potato Committee, or on other
available information, the general cull regulation may be suspended or
modified by the Secretary during a specified period with respect to any
or all varieties of potatoes.
(b) Area marketing policies. Each season prior to or at the same
time as initial recommendations are made pursuant to 948.21, each area
committee shall submit to the Secretary a report setting forth the
marketing policy it deems desirable for the industry to follow in
handling the respective area's potatoes during the ensuing season.
Additional reports shall be submitted from time to time if it is deemed
advisable by an area committee to adopt a new marketing policy because
of changes in the demand and supply situation with respect to potatoes.
The committee shall publicly announce the submission of each such
marketing policy report and copies thereof shall be available at the
committee's office for inspection by any producer or any handler. In
determining each such marketing policy the committee shall give due
consideration to the following:
(1) Supply of potatoes by grade, size, quality, and maturity in the
respective area, in the production area, and in other areas;
(2) Market prices for fresh potatoes, including grower, shipping
point, and terminal market prices by grade, size, and quality in
different packs or in different containers;
(3) Market prices for potatoes in other outlets, including growers'
and other market price levels by grade, size, and quality;
(4) The trend and level of consumer income;
(5) Establishing and maintaining such orderly marketing conditions
for potatoes as will be in the public interest; and
(6) Other relevant factors.
07 CFR 948.21 Recommendations for regulations.
An area committee upon complying with the requirements of 948.20 may
recommend regulations, or modifications, suspension or termination
thereof, to the Secretary whenever it finds that such regulations as
provided for in this subpart will tend to effectuate the declared
policies of the act.
07 CFR 948.22 Issuance of regulations.
(a) The Secretary shall limit by regulation the handling of potatoes
whenever he finds from recommendations and information submitted by an
area committee, or from other available information, that such
regulation would tend to effectuate the declared policy of the act.
Such regulation may:
(1) Limit the handling of particular grades, sizes, qualities, or
maturities of any or all varieties of potatoes, or any combination of
the foregoing during any period.
(2) Limit the handling of particular grades, sizes, qualities, or
maturities of potatoes differently, for different varieties, for
different containers, for different packs, for different portions of the
production area, for different purposes under 948.23, or for any
combination of the foregoing, during any period.
(3) Provide a method through rules and regulations issued pursuant to
this subpart for fixing the size, capacity, weight, dimensions, or pack
of the container, or containers, which may be used in the packaging or
handling of potatoes, or both.
(4) Establish in terms of grades, sizes, or both, minimum standards
of quality and maturity.
(b) Any regulation issued hereunder may be amended, modified,
suspended, or terminated by the Secretary on recommendations by an area
committee, or on other available information, to provide for
(1) Such changes in regulations found necessary by changes in
supplies, demand, or prices;
(2) Minimum quantities which should be relieved of regulatory or
administrative obligations; or
(3) Relief from regulations no longer tending to effectuate the
declared policies of the Act.
(c) The Secretary shall notify each committee of each regulation
recommended by it and issued pursuant to this section. The respective
committee shall give reasonable notice thereof to handlers. No
regulation, except when relieving limitations, shall become effective
less than two days after issuance thereof.
07 CFR 948.23 Handling for special purposes.
Upon the basis of recommendations and information submitted by an
area committee, or other available information, the Secretary, whenever
he finds that it will tend to effectuate the declared purposes of the
Act, shall modify, suspend, or terminate requirements in effect pursuant
to 948.20 to 948.22, inclusive, or 948.40 or 948.77, or any
combination thereof, to facilitate handling of potatoes for
(a) Relief or charity;
(b) Livestock feed;
(c) Export;
(d) Seed;
(e) Potatoes, other than certified seed, sold to a producer
exclusively for planting within specific geographic limits;
(f) Manufacture or conversion into specified products;
(g) Other purposes recommended by the committees and approved by the
Secretary.
07 CFR 948.24 Safeguards.
(a) Each area committee, with the approval of the Secretary, shall
prescribe adequate safeguards for potatoes handled pursuant to 948.23
from entering trade channels other than those authorized by regulations
and by such rules as may be necessary and incidental thereto.
(b) Such safeguards may include requirements that handlers or
processors desiring to handle potatoes pursuant to 948.23 shall:
(1) Apply for and obtain Certificates of Privilege from the area
committee for handling potatoes affected or to be affected under the
provisions of 948.23;
(2) Obtain inspection as required by 948.40, or pay the assessment
levied pursuant to 948.77, or both, except as modified pursuant to
948.23 in connection with shipments made under any such certificate;
and
(3) Furnish the committee such information, and execute or obtain
execution of such documents, as the committee may require.
(c) An area committee may rescind or deny to any handler permission
to handle potatoes pursuant to 948.23 of this subpart if proof
satisfactory to the committee is obtained that potatoes handled by him
for a purpose stated in 948.23 were handled contrary to the provisions
of this subpart.
(d) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of potatoes covered by such applications, the number of such
applications denied and certificates granted, the quantity of potatoes
handled under duly issued certificates, and such other information as
may be requested.
07 CFR 948.24 Exemptions
07 CFR 948.28 Policy.
Any producer whose potatoes have been adversely affected by acts
beyond the control or reasonable expectation of a prudent grower and
who, by reason of any regulation issued pursuant to this part, is or
will be prevented from shipping or having shipped during the then
current marketing season, or a specific portion thereof, as large a
proportion of his potato crop as the average proportion shipped or to be
shipped during comparable portions of the season by all producers in his
immediate area of production, may apply to the committee for exemptions
from such regulations for the purpose of obtaining equitable treatment
under such regulations.
07 CFR 948.29 Procedure.
Rules and procedures for granting exemptions may be issued by the
Secretary, upon recommendation of area committees. Such rules and
procedures may provide for methods of determinations by area committees
of average proportions of crops shipped or being shipped in respective
areas or subdivisions thereof during any or all portions of a season,
for processing applications for exemption, for issuing or denying
certificates of exemption, for administrative compliance with
certificates issued, for reports by handlers thereon, and for such other
procedures as may be necessary to administration hereof.
07 CFR 948.30 Granting exemptions.
An area committee may issue certificates of exemption to any
qualified applicant who furnishes adequate evidence to such committee:
(a) That the grade, size, or quality of the applicant's potatoes have
been adversely affected by acts beyond his control or reasonable
expectations;
(b) That by reason of regulations issued pursuant to 948.20 or
948.22, the applicant will be prevented as a producer from shipping or
having shipped as large a proportion of his production as the average
proportion of production shipped by all producers in said applicant's
immediate area of production during the season, or a specific portion
thereof.
(c) Each such certificate issued shall permit the person identified
therein to ship or have shipped the potatoes described thereon, and
evidence of such certificates shall be made available to subsequent
handlers thereof.
07 CFR 948.31 Investigation.
An area committee shall be permitted at any time to make a thorough
investigation of any applicant's claim pertaining to exemptions.
07 CFR 948.32 Appeal.
If any applicant for exemption certificates is dissatisfied with the
determination by an area committee with respect to his application, he
may file an appeal with the committee. Any applicant filing an appeal
shall furnish evidence satisfactory to the committee for a determination
on the appeal.
07 CFR 948.32 Research and Development
07 CFR 948.35 Research and development.
The committee, with the approval of the Secretary, may provide for
the establishment of marketing research and development projects
designed to assist, improve, or promote the marketing, distribution, and
consumption of potatoes and may make available committee information and
data to any person, or to any employee of an agency or its agent,
authorized by the committee as its agent with the approval of the
Secretary, to conduct such projects.
07 CFR 948.35 Inspection
07 CFR 948.40 Inspection and certification.
(a) During any period in which the handling of potatoes is regulated
pursuant to 948.20 through 948.24, inclusive, no handler shall handle
potatoes unless such potatoes are inspected by an authorized
representative of the Federal or a Federal-State Inspection Service and
are covered by a valid inspection certificate, except when relieved of
such requirements by 948.22(b), 948.23, or 948.40(b).
(b) Rules may be issued by the Secretary, upon recommendation of the
Colorado Potato Committee requiring inspection on regraded, resorted or
repacked lots, or providing for special inspection requirements or
relief therefrom. Such rules may provide distinctions, insofar as
practical, between handling at shipping point and handling in receiving
markets within the production area.
(c) Upon recommendation of an area committee and approval by the
Secretary, any or all potatoes so inspected and certified shall be
identified by appropriate seals, stamps, or tags to be affixed to the
containers by the handler under the direction and supervision of a
Federal or Federal-State Inspector or the committee. Master containers
may bear the identification instead of the individual containers within
said master container.
(d) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(e) When potatoes are inspected in accordance with the requirements
of this section, a copy of each inspection certificate issued shall be
made available to the committee by the inspection service.
(f) Area committees with the approval of the Colorado Potato
Committee may recommend and the Secretary may require that no handler
shall transport or cause the transportation of potatoes by motor vehicle
or by other means unless such shipment is accompanied by a copy of the
inspection certificate issued thereon, or other document authorized by
the committee to indicate that such inspection has been performed. Such
certificate or document shall be surrendered to such authority as may be
designated.
07 CFR 948.40 Committees
07 CFR 948.50 Area committees.
A committee is hereby established as an administrative agency for
each area. Each area committee shall be comprised of members and
alternates as set forth in this section or as reestablished by 948.53.
(a) Area No. 1 (Western Slope): Four producers and three handlers
selected as follows:
Two (2) producers and one (1) handler from the counties of Eagle,
Garfield, Pitkin, Moffat, and Routt, in the State of Colorado;
Two (2) producers and one (1) handler from the remaining counties of
Area No. 1;
One (1) handler representing all producers' cooperative marketing
associations in Area No. 1.
(b) Area No. 2 (San Luis Valley): Seven producers and five handlers
selected as follows:
Three (3) producers from Rio Grande County;
One (1) producer from Saguache County;
One (1) producer from Conejos County;
One (1) producer from Alamosa County;
One (1) producer from all other counties in Area No. 2;
Two (2) handlers representing all producers' cooperative marketing
associations in Area No. 2;
Three (3) handlers representing handlers in Area No. 2 other than
producers' cooperative marketing associations.
(c) Area No. 3: Five Producers and four handlers selected as
follows:
Three (3) producers from Weld County;
One (1) producer from Morgan County;
One (1) producer from the remaining counties of Area No. 3;
Four (4) handlers from Area No. 3.
07 CFR 948.51 Colorado Potato Committee.
The Colorado Potato Committee is hereby established consisting of six
members, with alternates. Two members and alternates shall be selected
from each area committee. Committeemen shall be selected by the
Secretary from nominations of area committee members or alternates.
07 CFR 948.52 Alternates.
(a) For each committee member there shall be an alternate who shall
have the same qualifications. During a member's absence, or when called
upon to do so in accordance with the terms hereof, or in the event of a
member's death, removal, resignation, or disqualification, an alternate
shall act in his place and stead until the member's successor is
selected and has qualified.
(b) Area committees, with the Secretary's approval, may provide
through rules for members or for alternates to recommend regulations for
early crop potatoes or for late crop potatoes and to specify the
particular crop for which each group shall be responsible.
07 CFR 948.53 Reestablishment.
Areas, subdivisions of areas, the distribution of representation
among the subdivision of areas, or among marketing organizations within
respective areas may be reestablished by the Secretary upon area
committee recommendations. Upon approval therefor of respective
committees affected thereby, areas may be reestablished. In
recommending any such changes, the committee shall consider (a) the
relative importance of new producing sections, (b) relative production,
(c) changes in marketing organizations and their relative status in the
industry, (d) the geographic locations of producing sections as they
would affect the efficiency of administration of this part, and (e)
other relevant factors.
07 CFR 948.54 Eligibility.
Area committee members and alternates shall be individuals who shall
be residents of, and producers or handlers, as the case may be, in the
respective area. Also, each member or alternate to qualify as a
representative (a) for producers shall be a producer, or an officer or
employee of a producer; (b) for producer's cooperative marketing
associations shall be members or employees of such associations; or (c)
for handlers other than cooperative marketing associations shall be a
handler, or an officer or employee of a handler.
07 CFR 948.55 Term of office.
The term of office of each area committee member and alternate shall
be for two years. The term of office for Colorado Potato Committee
members and alternates shall be for one year. The dates on which terms
of office for each committee shall begin and end shall be established by
the Secretary pursuant to respective committee recommendation. Terms of
office of area committee members shall be arranged so that approximately
one-half shall terminate each year. Determination of which initial
members and alternates shall serve for one year or two years shall be by
lot.
07 CFR 948.56 Nomination and selection.
(a) Each area committee shall hold or cause to be held, not less than
15 days prior to the expiration date of respective terms of office,
meetings of producers and handlers for each subdivision in which terms
expire or in which vacancies otherwise occur.
(b) At each such meeting one or more nominees shall be designated for
each impending vacancy as member or alternate. Such designation may be
by ballot or by motion at the option of those present in voting
capacity.
(c) Only producers may participate in designating producer nominees;
only handlers may participate in designating handler nominees; and only
duly authorized representatives of producers' cooperative marketing
associations may participate in designating nominees to represent such
associations. If no separate representation is provided for producers'
cooperative marketing associations, duly authorized representatives of
such associations may participate in designating handler nominees.
(d) Each producers' cooperative marketing association shall be
entitled to cast only one vote in designating nominees to represent such
associations. Each producer and each handler shall be entitled to cast
only one vote on behalf of himself, his agents, subsidiaries,
affiliates, and representatives.
(e) If a producer, handler, or producers' cooperative marketing
association is engaged in producing or handling potatoes in more than
one area, or in more than one subdivision of an area, such producer,
handler, or producers' cooperative marketing association shall elect the
area or subdivision in which he may participate in designating nominees.
In no event shall there be participation in more than one area or
subdivision.
07 CFR 948.57 Failure to nominate.
If nominations are not made pursuant to the provisions of 948.56 by
the date provided therein, the Secretary may, without regard to
nominations, select members and alternates on the basis of the
representation provided for in this part.
07 CFR 948.58 Vacancies.
To fill any vacancy occasioned by the failure of any person selected
as a member or as an alternate to qualify, or in the event of the death,
removal, resignation, or disqualification of a member or alternate, a
successor for his unexpired term may be selected by the Secretary from
nominations made pursuant to 948.56, from previously unselected
nominees on the current nominee list, or from other eligible persons.
07 CFR 948.59 Qualification.
Each person selected as a member or as an alternate shall qualify by
promptly filing a written acceptance with the Secretary.
07 CFR 948.60 Compensation and expenses.
(a) Members of each area committee and their alternates shall serve
without salary, but may be compensated at a rate not in excess of $10
per day while engaged on committee business, and may be reimbursed for
necessary expenses actually incurred while so engaged. At the
discretion of an area committee, alternates may be requested to attend
any or all committee meetings and receive compensation and expenses
therefor regardless of attendance by the respective members.
(b) The compensation and expenses of members and alternates of the
Colorado Potato Committee shall be paid by the respective area committee
they represent.
(c) Such other expenses as may be incurred by the Colorado Potato
Committee pursuant to a budget of expenses approved by the Secretary
shall be allotted to, and paid by, one or more of the area committees,
as may be specified in an order issued by the Secretary pursuant to the
provisions of this subpart.
07 CFR 948.61 Procedure.
(a) A majority of all members of a committee shall be necessary to
constitute a quorum or to pass and motion or approve any committee
action.
(b) Each committee may provide for the members thereof, including the
alternate members when acting as members, to vote by mail, telegraph,
telephone, or other means of communication, provided that any such vote
cast orally shall be confirmed promptly in writing. If any assembled
meeting is held all votes shall be cast in person.
07 CFR 948.62 Powers.
Each committee shall have the following powers:
(a) To administer the provisions of this subpart as specified herein;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 948.63 Duties.
(a) Each committee shall:
(1) Meet and organize as soon as practical after the beginning of
each term of office, select a chairman and such other officers' as may
be necessary, select subcommittees and adopt such rules and procedures
for the conduct of its business as it may deem advisable;
(2) Act as intermediary between the Secretary and any producer or
handler;
(3) Appoint such employees, agents and representatives as it may deem
necessary and determine the salaries and define the duties of each;
(4) Keep minutes, books, and records which clearly reflect all its
acts and transactions. Such minutes, books and records shall be subject
to examination at any time by the Secretary;
(5) Furnish promptly notices of meetings, copies of the minutes of
each committee meeting, and such other reports or information as may be
requested by the Secretary, including annual reports of each area
committee's operations for the preceding marketing season or fiscal
period;
(6) Make available to producers, and to other area committees and the
Colorado Potato Committee the committee's voting record on recommended
regulations and other matters of policy;
(7) Meet jointly with other area committees when requested to do so
by the Colorado Potato Committee;
(8) Consult, cooperate, and exchange information with other area
committees, with other marketing agreement committees and other agencies
or individuals in connection with proper committee activities and
objectives;
(9) Take any proper action necessary to carry out the provisions of
this subpart; and
(10) Cause the books of the committee to be audited by a competent
accountant at least once each fiscal period.
(b) The Colorado Potato Committee shall also:
(1) Supervise the regulation of shipments pursuant to the provisions
of the general cull regulation in the absence of more restrictive
regulations, and shall cooperate with any area committee in
administering any regulation issued pursuant to this subpart;
(2) Make recommendations to the Secretary with respect to suspending
or modifying the provisions of the general cull regulation;
(3) Make available to area committees its voting record on
recommendations for modification of the cull regulation and other
matters of policy;
(4) Submit to each area committee such available information as may
be requested; and
(5) Call joint meetings of area committees on matters requiring
consideration of statewide marketing policies when requested to do so by
an area committee.
07 CFR 948.63 Expenses and Assessments
07 CFR 948.75 Expenses.
Each area committee is authorized to incur such expenses as the
Secretary may find are reasonable and likely to be incurred during each
fiscal period for its maintenance and functioning, and for purposes
determined to be appropriate for administration of this part. Handlers
shall share expenses upon the basis of a fiscal period. Each handler's
share of such expenses shall be proportionate to the ratio between the
total quantity of potatoes handled by him as the first handler thereof
during a fiscal period and the total quantity of potatoes handled by all
handlers as first handlers thereof during such fiscal period.
07 CFR 948.76 Budget.
As soon as practicable after the beginning of each fiscal period and
as may be necessary thereafter, each area committee shall prepare an
estimated budget of income and expenditures necessary for its
administration of this part. Each area committee may recommend a rate
of assessment calculated to provide adequate funds to defray its
proposed expenditures. Each area committee shall present such budget to
the Secretary with an accompanying report showing the basis for its
calculations.
07 CFR 948.77 Assessments.
(a) The funds to cover each area committee's expenses shall be
acquired by the levying of assessments upon handlers as provided in this
subpart. Each handler who first handles potatoes under this part, shall
pay assessments to his respective area committee upon demand, which
assessments shall be in payment of such handler's pro rata share of the
area committee's expenses.
(b) Assessments shall be levied upon handlers at rates established by
the Secretary. Such rates may be established upon the basis of each
area committee's budget, recommendations, and other available
information. Such rates may be applied to specified containers used in
the production area.
(c) At any time during, or subsequent to, a given fiscal period each
area committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all potatoes grown within the particular
area where an area committee recommends such increase and which were
handled by the first handler thereof during such fiscal period.
(d) The payment of assessments for the maintenance and functioning of
each area committee may be required under this part throughout the
period it is in effect irrespective to whether particular provisions
thereof are suspended or become inoperative.
(e) In order to provide funds to enable each area committee to
perform its functions under this part, handlers may make advance payment
of assessments.
07 CFR 948.78 Accounting.
(a) If, at the end of a fiscal period, the assessments collected are
in excess of expenses incurred, such excess shall be accounted for in
accordance with one of the following:
(1) If such excess is not retained in a reserve, as provided in
paragraph (a)(2) of this section, it shall be refunded proportionately
to the persons from whom it was collected.
(2) An area committee, with the approval of the Secretary, may carry
over such excess into subsequent fiscal periods as a reserve: Provided,
That funds already in the reserve are less than approximately two fiscal
period's expenses. Such reserve funds may be used (i) to defray
expenses, during any fiscal period, prior to the time assessment income
is sufficient to cover such expenses; (ii) to cover deficits incurred
during any fiscal period when assessment income is less than expenses;
(iii) to defray expenses incurred during any period when any or all
provisions of this subpart are suspended or are inoperative; (iv) to
cover necessary expenses of liquidation in the event of termination of
this subpart. Upon such termination, any funds not required to defray
the necessary expenses of liquidation shall be disposed of in such
manner as the Secretary may determine to be appropriate. To the extent
practical, such funds shall be returned pro rata to the persons from
whom such funds were collected.
(b) All funds received by an area committee pursuant to the
provisions of this part shall be used solely for the purposes specified
herein. The Secretary may at any time require an area committee and its
members to account for all receipts and disbursements.
(c) Upon the removal or expiration of the term of office of any
member of an area committee, such member shall account for all receipts
and disbursements and deliver all property and funds in his possession
to such committee, and shall execute such assignments and other
instruments as may be necessary or appropriate to vest in such committee
full title to all of the property funds and claims vested in such member
pursuant to this part.
(d) Each area committee may make recommendations to the Secretary for
one or more of the members thereof, or any other person, to act as a
trustee for holding records, funds, or any other committee property
during periods of suspension of this subpart, or during any period or
periods when regulations are not in effect and if the Secretary
determines such action appropriate, he may direct that such person or
persons shall act as trustee or trustees for such committee.
07 CFR 948.78 Reports
07 CFR 948.80 Reports.
Upon request of an area committee or of the Colorado Potato Committee
through an area committee, each handler within the respective area of
such area committee shall furnish to the area committee in such manner
and at such time as it may prescribe, reports and other information as
may be necessary for the committee to perform its duties under this
part.
(a) Such reports may include, but are not necessarily limited to the
following examples:
(1) The quantities of potatoes received by a handler during any or
all periods of a season;
(2) The quantities disposed of by him, segregated as to quantities
subject to regulation, and where necessary segregated as to types of
outlets and special or modified regulations applicable to alternative
outlets, and including quantities not subject to grade, inspection,
assessment, or other similar regulations;
(3) The date of each such disposition and the identification of the
carrier transporting such potatoes;
(4) Information essential to identification of any or all specific
quantities, lots, and disposition of potatoes handled under 948.23 to
948.30, inclusive, which may include identification of inspection
certificates, exemption certificates, certificates of privilege, or
other appropriate identification, including the destination of each
special shipment, where necessary.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employees
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to prohibition of
disclosure of individual handlers' identities or operations.
(c) Each handler shall maintain for at least two succeeding years
such records of the potatoes received and disposed of by such handler as
may be necessary to verify the reports he submits to the committee
pursuant to this section.
07 CFR 948.80 Compliance
07 CFR 948.81 Compliance.
Except as provided in this subpart, no handler shall handle potatoes,
the handling of which has been prohibited by the Secretary in accordance
with provisions of this subpart, and no handler shall handle potatoes
except in conformity to the provisions of this subpart.
07 CFR 948.81 Miscellaneous Provisions
07 CFR 948.82 Right of the Secretary.
The members of each area committee (including successors and
alternates) and any agent or employee appointed or employed by any
committee shall be subject to removal or suspension by the Secretary at
any time. Each and every order, regulation, decision, determination or
other act of each committee shall be subject to the continuing right of
the Secretary to disapprove of the same at any time. Upon such
disapproval, the disapproved action of the said committee shall be
deemed null and void, except as to acts done in reliance thereon or in
compliance therewith prior to such disapproval by the Secretary.
07 CFR 948.83 Effective time.
The provisions of this subpart or any amendments thereto shall become
effective at such time as the Secretary may declare and shall continue
in force until terminated in one of the ways specified in this subpart.
(25 FR 7092, July 27, 1960, as amended at 26 FR 11483, Dec. 5, 1961.
Redesignated at 26 FR 12751, Dec. 30, 1961)
07 CFR 948.84 Termination.
(a) The Secretary may at any time terminate any or all provisions of
this subpart by giving at least one day's notice by means of a press
release or in any other manner which he may determine.
(b) The Secretary may at any time terminate or suspend the operations
of any or all of the provisions of this subpart whenever he finds that
such provisions do not tend to effectuate the declared policy of the
Act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers, who during a representative period,
as determined by the Secretary have been engaged in the production of
potatoes for market: Provided, That such majority has, during such
representative period, produced for market more than fifty percent of
the volume of such potatoes produced for market.
(d) The provisions of this subpart shall in any event terminate
whenever the provisions of the Act authorizing them cease to be in
effect.
(25 FR 7092, July 27, 1960, as amended at 26 FR 11483, Dec. 5, 1961.
Redesignated at 26 FR 12751, Dec. 30, 1961)
07 CFR 948.85 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart the then
functioning members of each area committee shall continue as joint
trustees for the purpose of liquidating the affairs of their respective
area committee of all funds and property then in the possession of or
under control of the committee, including claims for any funds unpaid or
property not delivered at the time of such termination. Action by said
trusteeship shall require the concurrence of a majority of the said
trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall from time to time account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of said committees and of the trustees, to
such person as the Secretary may direct; and shall upon the request of
the Secretary, execute such assignments or other instruments necessary
or appropriate to vest in such person full title and right to all of the
funds, property, and claims vested in said committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by an area committee or its members pursuant to
this section shall be subject to the same obligations imposed upon the
members of such committees and upon the said trustees.
07 CFR 948.86 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart or
the issuance of any amendments to either thereof, shall not (a) effect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provision of
this subpart or any regulation issued under this subpart; or (b)
release or extinguish any violation of this subpart or of any
regulations issued under this subpart; or (c) affect or impair any
rights or remedies of the Secretary or of any other person with respect
to any such violations.
07 CFR 948.87 Duration of immunities.
The benefits, privileges and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 948.88 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the United States or name any
agency in the United States Department of Agriculture, to act as his
agent or representative in connection with any of the provisions of this
subpart.
07 CFR 948.89 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the Act or otherwise, or
in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 948.90 Personal liability.
No member or alternate of any committee or any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, agent, or employee,
except for acts of dishonesty, willful misconduct or gross negligence.
07 CFR 948.91 Separability.
If any provision of this subpart is declared invalid or the
applicability thereof to any person, circumstance or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance or thing shall
not be affected thereby.
07 CFR 948.92 Amendments.
Amendments to this subpart may be proposed from time to time by a
committee or by the Secretary.
07 CFR 948.92 Subpart -- Rules and Regulations
07 CFR 948.92 General
Source: 26 FR 5219, June 10, 1961, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 948.100 Order.
''Order'' means 948.1 to 948.92 (Order No. 948 as amended)
regulating the handling of Irish potatoes grown in the State of
Colorado.
07 CFR 948.101 Terms.
The terms used in this subpart shall have the same meaning as when
used in 948.1 to 948.92.
07 CFR 948.102 Communications.
Unless otherwise provided in 948.1 to 948.92, or by specific
direction of an area committee, all reports, applications, submittals,
requests and communications in connection with the order shall be
addressed to the office of the committee for the area in which the
potatoes involved are grown.
07 CFR 948.103 Fiscal period.
Pursuant to 948.10, the fiscal periods for each area shall be as
follows:
(a) Area No. 1 and Area No. 3 shall begin July 1 and end June 30,
of the following year, both dates inclusive;
(b) Area No. 2 shall begin September 1 and end August 31, of the
following year, both dates inclusive. The 1986-87 fiscal period which
began July 1, 1986, will be extended two months to August 31, 1987.
(52 FR 12515, Apr. 17, 1987)
07 CFR 948.104 Term of office.
(a) Pursuant to 948.55, the two-year term of office for area
committee members and alternates shall be as follows:
(1) Area No. 1 and Area No. 2 shall begin June 1 and end May 31 of
the second year following;
(2) Area No. 3 shall begin May 1 and end April 30 of the second year
following.
(b) The one-year term of office of Colorado Potato Committee members
shall begin as of June 1 of each year.
(52 FR 12515, Apr. 17, 1987)
07 CFR 948.104 Safeguards
Source: Sections 948.120 through 948.126 appear at 26 FR 10792, Nov.
18, 1961, unless otherwise noted. Redesignated at 26 FR 12751, Dec.
30, 1961.
07 CFR 948.120 General.
Whenever shipments of potatoes for special purposes under 948.23 are
relieved in whole or in part from grade and size regulations issued
under 948.22 the committee shall require information and evidence as to
the manner, methods, and timing of such shipments as safeguards against
the entry of any such potatoes into trade channels other than those for
which intended. Such information and evidence shall include the
requirements set forth below with respect to Certificates of Privilege.
07 CFR 948.121 Qualification.
Before handling potatoes for special purposes which do not meet
regulations issued under 948.22 a handler must qualify with the
committee to handle shipments for special purposes. To qualify he must
(a) apply for and receive a Certificate of Privilege indicating his
intent to so handle potatoes; (b) agree to comply with reporting and
other requirements set forth in 948.121 to 948.125, inclusive, with
respect to such shipments; and (c) receive approval of the committee to
so handle potatoes. Such approval will be based upon evidence furnished
in his application for a Certificate of Privilege, and other information
available to the committee.
07 CFR 948.122 Application.
(a) Application for Certificate of Privilege shall be made in person,
by telephone, or on forms furnished by the committee. Each application
may contain, but need not be limited to, the name and address of the
handler; the quantity by grade, size, quality and variety of the
potatoes to be shipped; the mode of transportation; the consignee;
the destination; the purpose for which the potatoes are to be used; a
certification to the United States Department of Agriculture and to the
committee as to the truthfulness of the information shown thereon; and
any other appropriate information or documents deemed necessary by the
committee for the purposes stated in 948.120.
07 CFR 948.123 Approval.
The committee or its duly authorized agents shall give prompt
consideration to each application for a Certificate of Privilege.
Approval of an application based upon a determination as to whether the
information contained therein and other information available to the
committee supports approval, shall be evidenced by the issuance of a
Certificate of Privilege to the applicant. Each certificate shall cover
a specified period, and specified qualities and quantities of potatoes
to be sold or transported to the designated consignee for the purposes
declared.
07 CFR 948.124 Reports.
Each handler of potatoes shipping under Certificates of Privilege
shall supply the committee with reports as requested by the committee or
its duly authorized agents showing the name and address of the shipper;
the car or truck identification; the loading point; destination;
consignee; the inspection certificate number when inspection is
required; and any other information deemed necessary by the committee.
07 CFR 948.125 Disqualification.
The committee from time to time may conduct surveys of handling of
potatoes for special purposes requiring Certificates of Privilege to
determine whether handlers are complying with the requirements and
regulations applicable to such certificates. Whenever the committee
finds that a handler or consignee is failing to comply with requirements
and regulations applicable to handling of potatoes in special outlets,
and requiring such certificates, a Certificate or Certificates of
Privilege issued such handler may be rescinded and further certificates
denied. Such disqualification shall apply to, and not exceed, a
reasonable period of time as determined by the committee but in no event
shall it extend beyond the end of the succeeding fiscal period. Any
handler who has a certificate rescinded or denied may appeal to the
committee in writing for reconsideration of his disqualification.
07 CFR 948.126 General cull regulation.
(a) No handler shall handle potatoes grown in the State of Colorado
which do not meet the requirements of U.S. No. 2 or better grade, or are
less than 1 1/2 inches in diameter.
(b) This General Cull Regulation shall remain in effect until
suspended or modified pursuant to 948.20(a)(2).
(c) The term U.S. No. 2 grade has the same meaning as when used in
the U.S. Standards for Potatoes ( 51.1540 to 51.1556 of this title), or
amendments thereto or modifications thereof.
(d) Applicability to imports: Pursuant to section 608e-1 of the act
and 980.1 Import Regulations; Irish potatoes (part 980 of this
chapter), in the absence of more restrictive regulations in effect for
potatoes grown in Areas Nos. 2 and 3 in Colorado, this cull regulation
shall be used in a basis for import regulations for the red skinned,
round type and for other round type potatoes, during the periods
specified and as designated in said 980.1 of this chapter.
(35 FR 11988, July 25, 1970)
07 CFR 948.126 Exemptions
Source: Sections 948.130 through 948.132 appear at 26 FR 10793, Nov.
18, 1961, unless otherwise noted. Redesignated at 26 FR 12751, Dec.
30, 1961.
07 CFR 948.130 Application for exemption certificates.
Any producer applying for exemption from any grade and size
regulation issued under 948.22 shall make application to the respective
area committee for the area in which the applicant's potatoes were grown
or are stored, on forms to be furnished by the area committee. The
application shall include:
(a) The name and address of the applicant;
(b) The location, or locations, of the potatoes with respect to which
exemption is requested;
(c) The total estimated quantity of potatoes (excluding culls)
produced by the applicant during the current season, stated in
hundredweights, by varieties, grades, and sizes;
(d) The estimated percentage of the applicant's potato crop
(excluding culls) which cannot be shipped because of grade and size
regulations then in effect and the acts beyond his control or reasonable
expectation adversely affecting his potatoes;
(e) The quantity of potatoes of each variety (excluding culls) which
has already been sold or otherwise shipped during the current season;
(f) The signature of the applicant and certification that the
statements given in the application are true and correct; and
(g) Such additional information as the area committee may find
necessary in making a determination regarding the granting of an
exemption certificate.
07 CFR 948.131 Federal-State inspection reports.
Each application for exemption shall be accompanied by a written
report of a Federal-State Inspector, which shall contain the following:
(a) A statement by the inspector that he personally inspected the
potatoes with respect to which exemption is requested, and that he took
a representative sample of such potatoes;
(b) A statement of the percentage of the potatoes (excluding culls)
which fail to meet the requirements of the grade and size regulations
then in effect;
(c) A statement of the defects or damage causing the potatoes to fail
to meet grade and size requirements then in effect.
In the event that more than one variety of potatoes is being
regulated the above percentage shall be determined separately for each
variety of the applicant's potatoes. The cost of Federal-State
inspection and report shall be borne by the applicant for exemption.
07 CFR 948.132 Issuance of exemption certificates.
(a) The respective area committee receiving an application for
exemption shall give prompt consideration thereto and determine on the
basis of the statements and facts therein contained and the factors set
forth in 948.30 whether the application may be approved. The
determination, if favorable, shall be evidenced by the issuance of a
certificate of exemption pursuant to 948.28 through 948.32. If the
applicant's request for exemption is denied, he shall be so notified in
writing.
(b) Each certificate of exemption issued as provided in this subpart,
shall contain the name and address of the applicant, the location of his
farm or ranch, the location, or locations, of all potatoes remaining to
be shipped, the total quantity of potatoes which may be shipped under
the certificate of exemption, and such other information as the area
committee may deem desirable.
(c) The committee may furnish each applicant receiving a certificate
of exemption with appropriate subcertificates of exemption to identify
each lot of exempted potatoes and a subcertificate shall be transferable
with the lot of potatoes to which it applies. Each applicant receiving
a certificate of exemption shall report each shipment of potatoes made
under such certificate to the respective area committee issuing the
certificate. The report shall state the name and address of the person
to whom the potatoes were sold, the quantity sold, the date of transfer,
and such other information as the committee may request.
07 CFR 948.132 Modification of Inspection Requirements
07 CFR 948.140 Application.
Any handler whose packing facilities are located in an area where
inspection is not readily available or the actual cost for inspection
would otherwise exceed 1 1/3 times the current per hundredweight
inspection fee, may apply to the respective area committee for a waiver
from the reinspection requirements. Applications shall be made on forms
furnished by the respective area committee and shall contain such
information as the respective area committee, with the approval of the
Secretary, may find necessary in making a determination regarding the
issuance of such waiver.
(55 FR 41181, Oct. 10, 1990)
07 CFR 948.141 Issuance.
Each respective area committee shall give prompt consideration to
each application for a waiver from reinspection. In granting a waiver,
the handler shall agree to comply with all marketing order requirements.
Approval of an application shall be evidenced by the issuance of an
applicable waiver by the respective area commitee to the handler.
(55 FR 41181, Oct. 10, 1990)
07 CFR 948.142 Reports.
Each handler shipping potatoes pursuant to a waiver from reinspection
shall report periodically as specified by the respective area committee
on forms furnished by the respective committee the following information
on each shipment: quantity of potatoes, variety or varieties, grade,
size, type of container(s), date of shipment, carrier, destination, and
name and address of receiver.
(55 FR 41181, Oct. 10, 1990)
07 CFR 948.143 Cancellation.
Whenever the respective area committee finds that shipments of
potatoes pursuant to a reinspection waiver are not in accordance with
the established application and safeguard provisions, such waiver may be
cancelled.
(55 FR 41181, Oct. 10, 1990)
07 CFR 948.150 Reestablishment of committee membership.
Pursuant to 948.53, membership on each area committee shall be
reestablished as follows:
(a) Area No. 2 (San Luis Valley): Seven producers and five handlers
selected as follows:
Three (3) producers from Rio Grande County;
One (1) producer from Saguache County;
One (1) producer from Conejos County;
One (1) producer from Alamosa County;
One (1) producer from all other counties in Area No. 2;
Two (2) handlers representing bulk handlers in Area No. 2;
Three (3) handlers representing handlers in Area No. 2 other than
bulk handlers.
(b) Area No. 3: Five producers and four handlers selected as
follows:
Three (3) producers from Weld County;
Two (2) producers from all other counties in Area No. 3;
Two (2) handlers from Weld County;
Two (2) handlers from all other counties in Area No. 3.
(52 FR 12515, Apr. 17, 1987; 53 FR 4498, Feb. 16, 1988, as amended
at 55 FR 8444, Mar. 8, 1990)
07 CFR 948.150 Subpart -- Accounting and Collections
07 CFR 948.200 Accounting and collections.
(a) Each handler's assessment account with Area No. 2 (San Luis
Valley) Committee shall become due and payable upon presentation of a
statement thereof to such handler.
(b) If settlement of such an assessment account is not completed on
or before the 20th day following presentation of a statement of such
account, each handler failing to so complete settlement of his account
may be declared delinquent by said area committee.
(c) The name of each person who is declared delinquent may be
forwarded to the Secretary and, in addition, the names of persons
declared delinquent pursuant to paragraph (b) of this section may be
publicized by said area committee.
(d) Terms used in this section shall have the same meaning as when
used in Marketing Agreement No. 97 and Order No. 948 ( 948.1 to
948.92).
(19 FR 8647, Dec. 17, 1954. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 948.386 Handling regulation.
On or after March 24, 1988, no person shall handle any lot of
potatoes grown in Area No. 2 unless such potatoes meet the requirements
of paragraphs (a), (b), and (c) of this section, or unless such potatoes
are handled in accordance with paragraphs (d) and (e), or (f) of this
section.
(a) Minimum grade and size requirements -- (1) Round varieties, U.S.
No. 2, or better grade, 2 inches minimum diameter.
(2) Centennial Russet. U.S. No. 2, or better grade, 2 inches minimum
diameter or 4-ounce minimum weight.
(3) All other long varieties. U.S. No. 2, or better grade, 1 7/8
inches minimum diameter.
(4) All varieties. Size B, if U.S. No. 1.
(5) All varieties. 1-inch minimum diameter to 1 3/4 inches maximum
diameter, if at least U.S. No. 1 grade.
(6) None of the above categories of potatoes identified in paragraphs
(a)(1) through (a)(5) of this section may be comingled in the same bag
or other container.
(b) Maturity (skinning) requirements. From August 25 through October
31 minimum maturity requirements shall be:
(1) For U.S. No. 2 grade. Not more than ''moderately skinned.''
(2) All other grades. Not more than ''slightly skinned.''
(c) Inspection.(1) No handler shall handle any potatoes for which
inspection is required unless an appropriate inspection certificate has
been issued with respect thereto and the certificate is valid at the
time of shipment. For purposes of operation under this part it is
hereby determined pursuant to 948.40(d) that each inspection
certificate shall be valid for a period not to exceed five days
following the date of inspection as shown on the inspection certificate.
(2) No handler may transport or cause the transportation by motor
vehicle of any shipment of potatoes for which an inspection certificate
is required unless each shipment is accompanied by a copy of the
inspection certificate applicable thereto and the copy is made available
for examination at any time upon request.
(3) Each handler who handles potatoes after such potatoes are
regraded, resorted, or repacked shall have such potatoes reinspected,
unless such handler has received a waiver from reinspection pursuant to
rules established by the Secretary upon the recommendation of the
committee.
(d) Special purpose shipments. (1) The grade, size, maturity, and
inspection requirements of paragraphs (a), and (b), and (c) of this
section and the assessment requirements of this part shall not be
applicable to shipments of potatoes for:
(i) Livestock feed;
(ii) Relief or charity; or
(iii) Canning, freezing, and ''other processing'' as hereinafter
defined.
(2) The grade, size, maturity and inspection requirements of
paragraphs (a), (b), and (c) of this section shall not be applicable to
shipments of seed pursuant to 948.6 but such shipments shall be subject
to assessments.
(e) Safeguards. Each handler of potatoes which do not meet the
grade, size, and maturity requirements of paragraphs (a) and (b) of this
section and which are handled pursuant to paragraph (d) of this section
for any of the special purposes set forth therein shall:
(1) Prior to handling, apply for and obtain a Certificate of
Privilege from the committee.
(2) Furnish the committee such reports and documents as requested,
including certification by the buyer or receiver as to the use of such
potatoes; and
(3) Bill each shipment directly to the applicable processor or
receiver.
(f) Minimum quantity. For purposes of regulation under this part,
each person may handle up to but not to exceed 1,000 pounds of potatoes
without regard to the requirements of paragraphs (a), (b), and (c) of
this section, but this exception shall not apply to any shipment which
exceeds 1,000 pounds of potatoes.
(g) Definitions. The terms U.S. No. 1, U.S. Commercial, U.S. No. 2,
Size B, slightly skinned, and moderately skinned shall have the same
meaning as when used in the U.S. Standards for Potatoes (7 CFR
2851.1540-2851.1566), including the tolerances set forth therein. The
term other processing has the same meaning as the term appearing in the
act and includes, but is not restricted to, potatoes for dehydration,
chips, shoestrings, starch, and flour. It includes only that
preparation of potatoes for market which involves the application of
heat or cold to such an extend that the natural form or stability of the
commodity undergoes a substantial change. The act of peeling, cooling,
slicing, dicing, or applying material to prevent oxidation does not
constitute ''other processing.'' Other terms used in this section shall
have the same meaning as when used in Marketing Agreement No. 97, as
amended, and this part.
(h) Applicability to imports. Pursuant to section 8e of the Act and
980.1 Import regulations (7 CFR 980.1), Irish potatoes of the red
skinned round type, except certified seed potatoes, imported into the
United States during the period September 1 through June 30 each year
shall meet the minimum grade, size, and quality requirements prescribed
in paragraph (a), and during the period September 1 through October 31
shall meet the maturity requirements as specified in paragraph (b) of
this section.
(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674)
(46 FR 52324, Oct. 27, 1981, as amended at 53 FR 8147, Mar. 14, 1988;
54 FR 806, Jan. 10, 1989; 54 FR 962, Jan. 11, 1989, and 54 FR 11491,
Mar. 21, 1989; 54 FR 46603, Nov. 6, 1989; 55 FR 41181, Oct. 10, 1990)
07 CFR 948.387 Handling regulation.
On and after August 1, 1982, no person shall handle any lot of
potatoes grown in Area No. 3 unless such potatoes meet the requirements
of paragraphs (a), (b), and (c) of this section, or unless such potatoes
are handled in accordance with paragraphs (d) and (e), or (f) of this
section.
(a) Grade and size requirements -- All varieties. U.S. No. 2 or
better grade, 1 7/8 inches minimum diameter or 4 ounces minimum weight.
However, Size B may be handled if U.S. No. 1 grade.
(b) Maturity (skinning) requirements -- All Varieties. During the
period beginning July 1 and ending December 31 each season for U.S. No.
2 grade, not more than ''moderately skinned,'' and for all other grades,
not more than ''slightly skinned''; thereafter no maturity
requirements.
(c) Inspection. (1) No handler shall handle any potatoes for which
inspection is required unless an appropriate inspection certificate has
been issued with respect thereto and the certificate is valid at the
time of shipment. For purpose of operation under this part it is hereby
determined pursuant to paragraph (d) of 948.40, that each inspection
certificate shall be valid for a period not to exceed five days
following the date of inspection as shown on the inspection certificate.
(2) No handler may transport or cause the transportation by motor
vehicle of any shipment of potatoes for which an inspection certificate
is required unless each shipment is accompanied by a copy of the
inspection certificate applicable thereto and the copy is made available
for examination at any time upon request.
(3) Each handler who handles potatoes after such potatoes are
regraded, resorted, or repacked shall have such potatoes reinspected,
unless such handler has received a waiver from reinspection pursuant to
rules established by the Secretary upon the recommendation of the
committee.
(d) Special purpose shipments. (1) The grade, size, maturity and
inspection requirements of paragraphs (a), (b), and (c) of this section
shall not be applicable to shipments of potatoes for:
(i) Livestock feed;
(ii) Charity;
(iii) Canning, freezing, and ''other processing'' as hereinafter
defined; and
(iv) Certified seed potatoes ( 948.6).
(2) The maturity requirements set forth in paragraph (b) of this
section shall not be applicable to shipments of potatoes for prepeeling.
(e) Safeguards. Each handler making shipments of potatoes pursuant
to paragraph (d) of this section shall:
(1) Prior to shipment, apply for and obtain a Certificate of
Privilege from the committee;
(2) Furnish the committee such reports and documents as required,
including certification by the buyer or receiver on the use of such
potatoes; and
(3) Bill each shipment directly to the applicable buyer or receiver.
(f) Minimum quantity. For purpose of regulation under this part,
each person may handle up to but not to exceed 1,000 pounds of potatoes
per shipment without regard to the requirements of paragraphs (a) and
(b) of this section, but this exception shall not apply to any shipment
of over 1,000 pounds of potatoes.
(g) Definitions. The terms U.S. No. 1, U.S. No. 2, Size B,
moderately skinned and slightly skinned shall have the same meaning as
when used in the United States Standards for Grades of Potatoes (7 CFR
51.1540-51.1566) including the tolerances set forth therein. The term
prepeeling means the commercial preparation in a prepeeling plant of
clean, sound, fresh potatoes by washing, peeling or otherwise removing
the outer skin, trimming, sorting, and properly treating to prevent
discoloration preparatory to sale in one or more of the styles of peeled
potatoes described in 52.2422 United States Standards for Grades of
Peeled Potatoes (7 CFR 52.2421-52.2433). The term other processing has
the same meaning as the term appearing in the act and includes, but is
not restricted to, potatoes for dehydration, chips, shoestrings, starch,
and flour. It includes only that preparation of potatoes for market
which involves the application of heat or cold to such an extent that
the natural form or stability of the commodity undergoes a substantial
change. The act of peeling, cooling, slicing, dicing, or applying
material to prevent oxidation does not constitute ''other processing.''
All other terms used in this section shall have the same meaning as when
used in Marketing Agreement No. 97, as amended, and this part.
(h) Applicability to imports. Pursuant to section 8e of the act and
980.1, ''Import regulations'' (7 CFR 980.1), round white varieties of
Irish potatoes, except certified seed potatoes, imported into the United
States during the period beginning August 1 and ending June 4 each
season, shall meet the minimum grade, size, quality, and maturity
requirements specified in paragraphs (a) and (b) of this section.
(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674)
(47 FR 32911, July 30, 1982, as amended at 52 FR 7269, Mar. 10, 1987;
55 FR 41181, Oct. 10, 1990)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .201 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For the Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 948.387 Pt. 950
07 CFR 948.387 PART 950 -- IRISH POTATOES GROWN IN MAINE
07 CFR 948.387 Subpart -- Order Regulating Handling
Sec.
950.1 Secretary.
950.2 Act.
950.3 Person.
950.4 Production area.
950.5 Potatoes.
950.6 Handler.
950.7 Ship or handle.
950.8 Grading.
950.9 Grade and size.
950.10 Producer.
950.11 Committee.
950.12 Fiscal period.
950.13 Varieties.
950.14 Seed potatoes.
950.15 Table stock potatoes.
950.16 Pack.
950.17 Export.
950.18 District.
950.19 Container.
950.20 Label.
950.21 Maturity.
950.25 Establishment and membership.
950.26 Selection.
950.27 Qualifications for committee membership.
950.28 Districts.
950.29 Redistricting.
950.30 Term of office.
950.31 Nomination.
950.32 Failure to nominate.
950.33 Acceptance.
950.34 Vacancies.
950.35 Alternate members.
950.36 Procedure.
950.37 Expenses and compensation.
950.38 Powers.
950.39 Duties.
950.43 Expenses.
950.44 Budget.
950.45 Assessments.
950.46 Accounting.
950.47 Refunds.
950.50 Marketing policy.
950.51 Recommendations for regulations.
950.52 Issuance of regulations.
950.53 Handling for special purposes.
950.54 Minimum quantity regulation.
950.55 Notification of regulation.
950.56 Safeguards.
950.65 Inspection and certification.
950.70 Policy.
950.71 Rules and procedures.
950.72 Applications and issuance.
950.73 Investigation.
950.74 Appeals.
950.75 Records.
950.80 Reports.
950.81 Compliance.
950.82 Right of the Secretary.
950.83 Effective time.
950.84 Termination or suspension.
950.85 Proceedings after termination.
950.86 Effect of termination or amendment.
950.87 Duration of immunities.
950.88 Agents.
950.89 Derogation.
950.90 Personal liability.
950.91 Separability.
950.92 Amendments.
07 CFR 948.387 Subpart -- Exemption Certificates and Safeguards
950.100 Communications.
950.110 Order.
950.111 Marketing agreement.
950.112 Terms.
950.113 Area determinations.
950.114 Pack or packs.
950.115 Fiscal period.
950.120 Application.
950.121 Investigations.
950.122 Issuance.
950.123 Disposition of certificates.
950.124 Reports.
950.125 Appeals.
950.130 Application for Certificate of Privilege.
950.131 Issuance.
950.132 Reports.
950.133 Denial and appeal.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 948.387 Subpart -- Order Regulating Handling
Source: 27 FR 5944, June 23, 1962, unless otherwise noted.
07 CFR 948.387 Definitions
07 CFR 950.1 Secretary.
Secretary means the Secretary of Agriculture of the United States or
any officer or employee of the United States Department of Agriculture
to whom authority has heretofore been delegated, or to whom authority
may hereafter be delegated, to act in his stead.
07 CFR 950.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.).
07 CFR 950.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 950.4 Production area.
Production area means all territory included within the boundaries of
the State of Maine.
07 CFR 950.5 Potatoes.
Potatoes means all varieties of Irish potatoes grown within the
production area.
07 CFR 950.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of potatoes owned by another person) who
ships potatoes or causes potatoes to be shipped.
07 CFR 950.7 Ship or handle.
Ship or handle means to sell or transport potatoes within the
production area or between the production area, and any point outside
thereof, or between points outside the production area.
07 CFR 950.8 Grading.
Grading is synonymous with preparation for market and means the
sorting or separation of potatoes into grades and sizes for market
purposes.
07 CFR 950.9 Grade and size.
Grade means any one of the officially established grades of potatoes
and size means any one of the officially established sizes of potatoes,
as defined and set forth in:
(a) The United States Standards for Potatoes issued by the United
States Department of Agriculture ( 51.1540 to 51.1559 of this title) or
amendments thereto, or modification thereof, or variations based
thereon:
(b) United States Consumer Standards for Potatoes issued by the
United States Department of Agriculture ( 51.1575 to 51.1587 of this
title) or amendments thereto, or modifications thereof, or variations
based thereon;
(c) State of Maine Standards for Potatoes issued by the State of
Maine Commissioner of Agriculture, or amendments thereto, or
modifications thereof, or variations based thereon.
07 CFR 950.10 Producer.
Producer means any person engaged in the production of potatoes for
market.
07 CFR 950.11 Committee.
Committee means the Maine Potato Marketing Committee established
pursuant to 950.25.
07 CFR 950.12 Fiscal period.
Fiscal period means the period beginning and ending on the dates
approved by the Secretary pursuant to recommendations by the committee.
07 CFR 950.13 Varieties.
Varieties means and includes all classifications or subdivisions of
Irish potatoes according to those definitive characteristics now or
hereafter recognized by the United States Department of Agriculture.
07 CFR 950.14 Seed potatoes.
Seed potatoes is synonymous with seed and means and includes all
potatoes officially certified and tagged, marked or otherwise
appropriately identified under the supervision of the official seed
potato certifying agency of the State of Maine or other seed
certification agencies which the Secretary may recognize.
07 CFR 950.15 Table stock potatoes.
Table stock potatoes is synonymous with table stock and means and
includes all potatoes not included within the definition of ''seed
potatoes.''
07 CFR 950.16 Pack.
Pack means a quantity of potatoes specified by weight, grade, size,
or numerical limits, or by type of container or any combination of
these, recommended by the committee and approved by the Secretary.
07 CFR 950.17 Export.
Export means shipment of potatoes beyond the boundaries of
continental United States.
07 CFR 950.18 District.
District means each one of the geographical divisions of the
production area initially established pursuant to 950.28 or as
reestablished pursuant to 950.29.
07 CFR 950.19 Container.
Container means a sack, bag, crate, box, basket, barrel, or bulk load
or any other unit used in packaging, transportation, or sale of
potatoes.
07 CFR 950.20 Label.
Label means to mark, brand, or otherwise designate on containers the
grade or size, or both of potatoes therein.
07 CFR 950.21 Maturity.
Maturity means the stage of development or condition of the outer
skin (epidermis) of the potato determined according to skinning
classifications defined by the United States Standards for Potatoes (
51.1540 to 51.1559, inclusive, of this title).
07 CFR 950.21 Committee
07 CFR 950.25 Establishment and membership.
The Maine Potato Marketing Committee, consisting of 20 members, 15 of
whom shall be producers and 5 shall be handlers, is hereby established.
07 CFR 950.26 Selection.
Committee members shall be selected on the basis of districts as
established in 950.28 or 950.29. From each district, three producers
shall be selected as committee members and one producer shall be
selected as committee alternate. From each district one handler shall
be selected as member and one handler shall be selected as alternate.
07 CFR 950.27 Qualifications for committee membership.
Persons selected as committee members or alternates to represent
producers shall be individuals who are producers in the respective
district for which selected or officers or employees of a corporate
producer in such district, and such persons shall be residents of the
respective district for which selected. Persons selected as committee
members or alternates to represent handlers shall be individuals who are
handlers in the district for which selected, or officers or employees of
a corporate handler, and such persons shall be residents of the district
for which selected.
07 CFR 950.28 Districts.
For the purpose of determining the basis for selecting committee
members, the following districts of the production area are hereby
initially established:
District No. 1. The towns of Hamlin and Cyr, township 17, Range 3,
townships 16 and 17, Range 4, townships 14, 15, and 16, Range 5, all
townships 14, Ranges 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16, and all
area north thereof in Aroostook County, in the State of Maine.
District No. 2. The towns of Fort Fairfield, Caribou, Washburn,
Wade, Perham, Woodland, Limestone, Caswell, Connor, New Sweden,
Westmanland and Stockholm in Aroostook County, in the State of Maine.
District No. 3. The town of Bridgewater, township D, Range 2, all
townships 9, ranges 3, 4, and 5, the town of Oxbow, all townships 9,
ranges 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, and all area
north thereof, not included in Districts 1 and 2, in the State of Maine.
District No. 4. The towns of Orient, Haynesville and Glenwood,
township 2, Range 2, the towns of Silver Ridge and Benedicta, all
townships 2, ranges 6, 7, 8, west of the east line of the State 9, 10,
11, 12, townships 2, 3, and 4, Range 13, townships 4 and 5, Range 14,
all townships 5, ranges 15, 16, 17, 18, 19, and 20, and all area north
thereof, not included in Districts 1, 2, and 3, in the State of Maine.
District No. 5. All the remaining counties, towns, and townships in
the State of Maine not included in Districts 1, 2, 3, and 4.
07 CFR 950.29 Redistricting.
The committee may recommend, and pursuant thereto, the Secretary may
approve, the apportionment of members among districts, and the
re-establishment of districts within the production area. In
recommending any such changes the committee shall give consideration to:
(a) Shifts in potato acreage within districts and within the production
area during recent years; (b) the importance of new production in its
relation to existing districts; (c) the equitable relationship of
committee membership and districts; (d) economies to result for
producers in promoting efficient administration due to redistricting or
reapportionment of members within districts; and (e) other relevant
factors. No change in districting or in reapportionment of members
within districts may become effective within less than 30 days prior to
the date on which terms of office begin each year and no recommendations
for such redistricting or reapportionment may be made less than six
months prior to such date.
07 CFR 950.30 Term of office.
(a) The terms of office shall begin as of July 1 and end as of June
30. The term of office of producer members shall be for three years.
The term of office of the producer members of the initial committee
shall be so determined by the Secretary that one-third shall be for term
of one year, one-third for term of two years, and one-third for term of
three years. The term of office of alternate producer members and of
handler members and alternates shall be for one year. No producer
member and no handler member shall serve for more than three consecutive
years.
(b) Committee members and alternates shall serve during the term of
office for which they have been selected and have qualified, or during
that portion thereof beginning on the date on which they qualify during
such term of office and continuing until the end thereof, and until
their successors are selected and have qualified.
07 CFR 950.31 Nomination.
The Secretary may select the committee members and alternates from
nominations which may be made in the following manner:
(a) The committee shall hold or cause to be held prior to May 1 of
each year a meeting or meetings of producers in each district and a
meeting or meetings of handlers shall be held in the production area to
nominate members and alternates for the committee;
(b) In arranging for such meetings the committee may, if it deems
desirable, utilize the services and facilities of existing organizations
and agencies;
(c) At each such meeting at least one nominee shall be designated for
each position as member and for each position as alternate member on the
committee and eligible voters may ballot to indicate the ranking of
their choice for each nominee;
(d) Nominations for committee members and alternates, shall be
supplied to the Secretary in such manner and form as he may prescribe,
not later than June 1 of each year;
(e) Only producers may participate in designating nominees for
producer members and alternates and only handlers may participate in
designating nominees for handler members and alternates. Each person
who is both a producer and a handler may vote either as a producer or as
a handler and he may elect the group in which he votes. In the event a
person is engaged in producing or in handling potatoes in more than one
district, such person shall elect the district within which he may
participate as aforesaid in designating nominees;
(f) Regardless of the number of districts in which a person produces
or handles potatoes, each such person is entitled to cast only one vote
on behalf of himself, his agents, subsidiaries, affiliates, and
representatives in designating nominees for committee members and
alternates. An eligible voter's privilege of casting only one vote as
aforesaid shall be construed to permit a voter to cast one vote for each
position to be filled from the group in the respective district in which
he elects to vote.
07 CFR 950.32 Failure to nominate.
If nominations are not made within the time and in the manner
specified in 950.31, the Secretary may, without regard to nominations,
select the committee members and alternates, which selection shall be on
the basis of the representation provided for in 950.26 through 950.29,
inclusive.
07 CFR 950.33 Acceptance.
Any person selected as a committee member or alternate shall qualify
by filing a written acceptance with the Secretary within ten days after
being notified of such selection.
07 CFR 950.34 Vacancies.
To fill committee vacancies, the Secretary may select such members or
alternates from unselected nominees on the current nominee list from the
district involved, or from nominations made in the manner specified in
950.31. If the names of nominees to fill any such vacancy are not made
available to the Secretary within 30 days after such vacancy occurs,
such vacancy may be filled without regard to nominations, which
selection shall be made on the basis of the representation provided for
in 950.26 through 950.29 inclusive.
07 CFR 950.35 Alternate members.
In the event any member of the committee is unable to attend a
meeting of the committee, the alternate, who was selected from the same
district and from the same group as the absent member may act in the
place and stead of the absent member. In the event of the death,
removal, resignation, or disqualification of a member, a qualified
alternate shall act for him until a successor of such member is selected
and has qualified.
07 CFR 950.36 Procedure.
(a) A majority of the members of the committee from each of at least
four districts shall be necessary to constitute a quorum and a majority
of concurring votes of the entire membership of such committee will be
required to pass any motion or approve any committee action.
(b) The committee may provide for meeting by telephone, telegraph, or
other means of communication and any vote cast at such a meeting shall
be confirmed promptly in writing; Provided, That if any assembled
meeting is held, all votes shall be cast in person.
07 CFR 950.37 Expenses and compensation.
Committee members and alternates shall be reimbursed for expenses
necessarily incurred by them in the performance of duties and in the
exercise of powers under this part. Committee members and alternates
may receive compensation for official services rendered in connection
with administration of this part and such compensation shall not be in
excess of rates recommended by the committee and approved by the
Secretary.
07 CFR 950.38 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 950.39 Duties.
It shall be the duty of the committee:
(a) To meet prior to the beginning of the marketing season each year,
to organize, to select from among its membership a chairman and such
other officers as may be necessary, and to adopt such rules and
regulations for the conduct of its business as it may deem advisable;
(b) To prepare a marketing policy;
(c) To recommend marketing regulations to the Secretary;
(d) To recommend rules and procedures for, and to make determinations
in connection with, issuance of certificates of privilege or exemptions,
or both;
(e) To establish a subcommittee or subcommittees whose duties,
assigned by the committee, may include, but shall not be limited to, any
of the following duties of the committee;
(f) To consult, cooperate, and exchange information with other
marketing order committees and other individuals or agencies, and to
cooperate, and exchange information, in connection with all proper
activities and objectives of such committees under this part;
(g) To act as intermediary between the Secretary and any producer or
handler;
(h) To furnish to the Secretary such available information as he may
request;
(i) To appoint such employees, agents, and representatives as it may
deem necessary and to determine the salaries and define the duties of
each such person;
(j) To investigate from time to time and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
potatoes, as may be necessary for administration of this part;
(k) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books, and
records shall be subject to examination at any time by the Secretary or
his authorized agent or representative;
(l) To make available to producers and handlers committee voting
records on recommended regulations and on other matters of policy;
(m) At the beginning of each fiscal period, and as may be requested
by the Secretary, to prepare a budget of its expenses and a proposed
rate or rates of assessment for such fiscal period, together with a
report thereon;
(n) To cause the books of the committee to be audited by a competent
accountant at least once each year, and at such other time as such
committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part; a copy of each such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of such committee for inspection by
producers and handlers; and
(o) To investigate an applicant's claim for exemption under 950.70.
07 CFR 950.39 Expenses and Assessments
07 CFR 950.43 Expenses.
The committee is authorized to incur such expenses as the Secretary
may find are reasonable and likely to be incurred during each fiscal
period for its maintenance and functioning, and for such purposes as the
Secretary, pursuant to this subpart determines to be appropriate.
Handlers shall share expenses on the basis of a fiscal period. Each
handler's share of such expense shall be proportionate to the ratio
between the total quantity of potatoes under regulation handled by the
first handler thereof during a fiscal period and the total quantity of
potatoes under regulation handled by all handlers as first handlers
thereof during such fiscal period.
07 CFR 950.44 Budget.
As soon as practicable after the beginning of each fiscal period and
as may be necessary thereafter, the committee shall prepare an estimated
budget of income and expenditures necessary for the administration of
this part. The committee may recommend a rate of assessment calculated
to provide adequate funds to defray its proposed expenditures. The
committee shall present such budget to the Secretary with an
accompanying report showing the basis for its calculations.
07 CFR 950.45 Assessments.
(a) The funds to cover such expenses shall be acquired by the levying
of assessments upon handlers as provided in this subpart. Each handler
who first ships potatoes shall pay assessments to the committee upon
demand, which assessments shall be in payment of such handler's pro rata
share of the agencies' expenses.
(b) Assessments shall be levied upon handlers at rates established by
the Secretary. Such rates may be established upon the basis of the
committee's recommendations and other available information. Such rates
may be applied equitably to each pack or unit.
(c) At any time during, or subsequent to, a given fiscal period the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all potatoes which were regulated under
this part and which were shipped by the first handler thereof during
such fiscal period.
07 CFR 950.46 Accounting.
(a) All funds received by the committee pursuant to the provisions of
this subpart shall be used solely for the purposes specified in this
part.
(b) The Secretary may at any time require the committee, its members
and alternates, employees, agents, and all other persons to account for
all receipts and disbursements, funds, property, or records for which
they are responsible. Whenever any person ceases to be a member or
alternate of the committee he shall account for all receipts,
disbursements, funds, and property (including but not being limited to
books and other records) pertaining to such committee activities for
which he is responsible, and shall execute such assignments and other
instruments as may be necessary or appropriate to vest in such
successor, agency, or person designated by the Secretary, the right to
all of such property and funds and all claims vested in such person.
(c) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person, to act as a trustee
for holding records, funds, or any other property of the committee
during periods when regulations are not in effect and, if the Secretary
determines such action appropriate, he may direct that such person or
persons shall act as trustee or trustees for the committee.
07 CFR 950.47 Refunds.
At the end of each fiscal period, if assessments collected are in
excess of expenses incurred such excess shall be accounted for as
follows:
(a) Except as provided in paragraphs (b) and (c) of this section,
each person entitled to a proportionate refund of any excess assessment
shall be credited with such refund against the operation of the
following fiscal period unless such person demands repayment thereof, in
which event it shall be paid to him. Refunds need not be paid or
credited to any handler with outstanding obligations due the committee
until his account is settled.
(b) The committee, with the approval of the Secretary, may establish
and maintain during one or more fiscal years an operating monetary
reserve in an amount not to exceed approximately one fiscal period's
operational expenses. Upon approval of the Secretary, funds in such
reserve shall be available for use by the committee for all expenses
authorized pursuant to 950.43.
(c) Upon termination of this part, any funds not required to defray
the necessary expenses of liquidation shall be disposed of in such
manner as the Secretary may determine to be appropriate: Provided, That
to the extent practical, such funds shall be returned pro rata to the
persons from whom such funds were collected.
07 CFR 950.47 Regulations
07 CFR 950.50 Marketing policy.
(a) At the beginning of each season, and as the Secretary may
require, the committee shall prepare a marketing policy statement. Such
policy statement shall indicate the data on potato supplies and demand
on which the committee bases its judgments and recommendations. It
shall indicate also the kind or types of regulations contemplated during
the ensuing season, and, to the extent practical, shall include
recommendations for specific regulations. Notice of such marketing
policy shall be given to producers, handlers, and other interested
parties by bulletins, newspapers, or other appropriate media, and copies
thereof shall be submitted to the Secretary and shall be available
generally.
(b) Marketing policy statements relating to recommendations for
regulations shall give appropriate consideration to potato supplies for
the remainder of the season, with special consideration to:
(1) Estimates of total supplies including grade, size, and quality
thereof, in the production area;
(2) Estimates of supplies in competing areas;
(3) Market prices by grades, sizes, containers, and packs;
(4) Estimates of supplies of competing commodities;
(5) Anticipated marketing problems;
(6) Level and trend of consumer income; and
(7) Other relevant factors.
07 CFR 950.51 Recommendations for regulations.
Upon complying with the requirements of 950.50, the committee may
recommend regulations to the Secretary whenever it finds that such
regulations as are provided for in this subpart will tend to effectuate
the declared policy of the Act.
07 CFR 950.52 Issuance of regulations.
(a) The Secretary shall limit by regulation the handling of potatoes
whenever he finds from the recommendations and information submitted by
the committee, or from other available information, that such
regulations would tend to effectuate the declared policy of the Act.
(b) Such regulations may:
(1) Limit in any or all portions of the production area, the handling
of particular grades, sizes, qualities, maturities, or packs, or any
combination thereof, of any or all varieties of tablestock or of seed
potatoes, or both, during any period; or
(2) Limit the handling of particular grades, sizes, or qualities, of
potatoes differently, for different varieties, for tablestock or seed,
for different portions of the production area, for different markets,
for different packs, for different sizes and types of containers, or for
any combination of the foregoing, during any period;
(3) Require that containers for potatoes handled hereunder shall be
labeled to show the grade or size, or both, thereof;
(4) Fix the size, capacity, weight, dimensions, or pack of the
container, or containers, which may be used in the packaging or handling
of potatoes; or
(5) Limit the handling of potatoes when parity prices have been
established, by establishing and maintaining minimum standards of
quality and maturity in terms of grades or sizes.
07 CFR 950.53 Handling for special purposes.
Upon the basis of recommendation and information submitted by the
committee, or other available information, the Secretary shall modify,
suspend, or terminate regulations issued pursuant to 950.45, 950.52,
950.53, 950.65, or any combination thereof, in order to facilitate
shipments of potatoes for the following purposes whenever he finds that
it will tend to effectuate the declared policy of the Act;
(a) For grading or storage within the production area;
(b) For planting within the production area;
(c) For export;
(d) For distribution by the Federal Government;
(e) For manufacture or conversion into specified products;
(f) For charitable purposes;
(g) For livestock feed;
(h) For chipping; and
(i) For other purposes which may be specified.
07 CFR 950.54 Minimum quantity regulation.
The committee, with the approval of the Secretary, may establish for
any or all portions of the production area, minimum quantities below
which shipments will be free from regulations issued pursuant to
950.45, 950.52, 950.53, 950.65, or any combination thereof.
07 CFR 950.55 Notification of regulation.
The Secretary shall notify the committee of any regulations issued or
of any modification, suspension, or termination thereof. The committee
shall give reasonable notice thereof to handlers.
07 CFR 950.56 Safeguards.
(a) The committee, with the approval of the Secretary, may prescribe
adequate safeguards to prevent shipments pursuant to 950.53 or 950.54
from entering channels of trade for other than the specific purpose
authorized therefor, and rules governing the issuance and the contents
of Certificates of Privilege if such certificates are prescribed as
safeguards by the committee. Such safeguards may include requirements
that:
(1) Handlers shall file applications with the committee to ship
potatoes pursuant to 950.53 and 950.54;
(2) Handlers shall obtain inspection provided by 950.65, or pay the
pro rata share of expenses provided by 950.45, or both, in connection
with potato shipments affected under the provisions of 950.53:
Provided, That such inspection or payment of expenses may be required at
different times than otherwise specified by the aforesaid sections; and
(3) Handlers shall obtain Certificates of Privilege from the
committee for shipments of potatoes affected or to be affected under the
provisions of 950.53 and 950.54.
(b) The committee may rescind or deny Certificates of Privilege to
any shipper if proof is obtained that potatoes shipped by him for the
purposes stated in 950.53 and 950.54 were handled contrary to the
provisions of this part.
(c) The Secretary shall have the right to modify, change, alter, or
rescind any safeguards prescribed and any certificates issued by the
committee pursuant to the provisions of this section.
(d) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of potatoes covered by such applications, the number of such
applications denied and certificates granted, the quantity of potatoes
shipped under duly issued certificates, and such other information as
may be requested.
07 CFR 950.56 Inspection
07 CFR 950.65 Inspection and certification.
(a) During any period in which shipments of potatoes are regulated
pursuant to 950.45, 950.52, or 950.53, or any combination thereof, or
during any period recommended by the committee and approved by the
Secretary, no handler shall ship potatoes unless each such shipment is
inspected by an authorized representative of the Federal-State
Inspection Service, or such other inspection service as the Secretary
shall designate, except when relieved from such requirements pursuant to
950.53 or 950.54, or both.
(b) Regrading, resorting, or repacking any lot of potatoes shall
invalidate any prior inspection certificates insofar as the requirements
of this section are concerned. No handler shall ship potatoes after
they have been regraded, resorted, repacked, or in any other way further
prepared for market, unless each shipment of such potatoes is inspected
by an authorized representative of the Federal-State Inspection Service,
or such other inspection service as the Secretary shall designate.
(c) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(d) When potatoes are inspected in accordance with the requirements
of this section, a copy of each inspection certificate issued shall be
made available to the committee by the inspection service.
(e) The committee may recommend and the Secretary may require that no
handler shall transport or cause the transportation of potatoes by motor
vehicle or by other means unless such shipment is accompanied by a copy
of the inspection certificate issued thereon, which certificate shall be
surrendered to such authority as may be designated.
(f) Upon recommendation of the committee, and approval of the
Secretary, all potatoes inspected and certified shall be identified by
appropriate seals, stamps, or tags to be affixed to the container by the
handler under rules to be established by the committee.
07 CFR 950.65 Exemption
07 CFR 950.70 Policy.
(a) Any producer whose potatoes have been adversely affected by acts
beyond his control or by acts beyond reasonable expectation and who, by
reason of any regulation issued pursuant to 950.52, is prevented from
shipping during the season, or a specific portion thereof, as large a
proportion of his potato crop as the average proportion shipped or to be
shipped during comparable portions of the season by all producers in his
immediate area of production, may apply to the committee for exemptions
from such regulations for the purpose of obtaining equitable treatment
under such regulations.
(b) Any handler who has storage holdings of ungraded potatoes
acquired during or immediately following the digging season that have
been adversely affected by acts beyond the handler's control or by acts
beyond reasonable expectation and who, by reason of any regulation
issued pursuant to 950.52 is prevented from shipping as large a
proportion of his storage holdings of ungraded potatoes as the average
proportion of ungraded storage holdings shipped by all handlers in said
handler's immediate shipping area, may apply to the committee for
exemptions from such regulations for the purpose of obtaining equitable
treatment under such regulations.
07 CFR 950.71 Rules and procedures.
The committee may adopt, with approval of the Secretary, the rules
and procedures for handling exemptions. Such rules and procedures
should provide for handling applications for exemptions, for issuing
certificates of exemption, for committee determinations with respect to
areas and averages (as required by 950.70), and for such other
procedures as may be necessary to accomplish policies with respect to
exemptions.
07 CFR 950.72 Applications and issuance.
The committee may issue certificates of exemption to any qualified
applicant who furnishes adequate evidence to such committee:
(a) That the grade, size, or quality of the applicant's potatoes have
been adversely affected by acts beyond the applicant's control and by
acts beyond reasonable expectation;
(b) That by reason of regulations issued pursuant to 950.52 in case
of an applicant who is a producer, he will be prevented from shipping as
large a proportion of his production as the average proportion of
production shipped by all producers in said applicant's immediate area
of production during the season, or a specific portion thereof;
(c) That by reason of regulations issued pursuant to 950.52, in case
of an applicant who is a handler who has storage holdings of ungraded
potatoes acquired during or immediately following the digging season, he
will be prevented from shipping as large a proportion of such storage
holdings as the average proportion of similar storage holdings shipped
by all handlers in said applicant's immediate shipping area during the
season;
(d) Each certificate shall permit the recipient thereof to ship the
potatoes described thereon, and evidence of such certificates shall be
made available to subsequent handlers thereof.
07 CFR 950.73 Investigation.
The committee shall be permitted at any time to make a thorough
investigation of any applicant's claim pertaining to exemptions.
07 CFR 950.74 Appeals.
If any applicant for exemption certificate is dissatisfied with the
determination with respect to his application, said applicant may file
an appeal with the committee. Such an appeal must be taken promptly
after the determination from which the appeal is taken. Any applicant
filing an appeal shall furnish evidence satisfactory to such committee
for a determination on the appeal. The committee shall thereupon
reconsider the application, examine all available evidence, and make a
final determination concerning the application. The committee shall
notify the appellant of the final determination, and shall furnish the
Secretary with a copy of the appeal and a statement of considerations
involved in making the final determination.
07 CFR 950.75 Records.
The committee shall maintain a record of all applications submitted
for exemption certificates, a record of all exemption certificates
issued and denied, the the quantity of potatoes covered by such
exemption certificates, a record of the amount of potatoes shipped under
exemption certificates, a record of appeals for reconsideration of
applications, and such other information as may be requested by the
Secretary. Periodic reports on such records shall be compiled and
issued by the committee upon request of the Secretary.
07 CFR 950.75 Miscellaneous Provisions
07 CFR 950.80 Reports.
(a) Upon the request of the committee with the approval of the
Secretary, handlers shall furnish to the committee, in such manner and
at such time as may be prescribed, such information as will enable the
committee to exercise its powers and perform its duties under this
subpart. The Secretary shall have the right to modify, change, or
rescind any requests for reports pursuant to this section.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employees
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to the prohibition of
disclosure of individual handlers' identities or operations.
(c) Each handler shall maintain for at least two succeeding years
such records of the potatoes received, and of potatoes disposed of, by
such handler as may be necessary to verify the reports he submits to the
committee pursuant to this section.
07 CFR 950.81 Compliance.
Except as provided in this subpart, no handler shall ship potatoes,
the shipment of which has been prohibited by the Secretary in accordance
with provisions of this subpart, and no handler shall ship potatoes
except in conformity to the provisions of this subpart.
07 CFR 950.82 Right of the Secretary.
The members of the committee (including successors, and alternates),
and any agent or employee appointed or employed by such committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval the
disapproved action of the said committees shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 950.83 Effective time.
The provisions of this subpart shall become effective at such time as
the Secretary may declare and shall continue in force until terminated
in one of the ways specified in this subpart.
07 CFR 950.84 Termination or suspension.
(a) The Secretary may, at any time, terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers, who during the preceding marketing
season, have been engaged in the production for market of potatoes:
Provided, That such majority has, during such period produced for market
more than fifty percent of the volume of such potatoes produced for
market; but such termination shall be effective only if announced at
least 30 days prior to the end of the then current fiscal period.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 950.85 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart, the
members of the committee then functioning shall continue as joint
trustees, for the purpose of liquidating the affairs of the committee
and of all the funds and property then in the possession of or under
control of such committee, including claims for any funds unpaid or
property not delivered at the time of such termination. Action by said
trusteeship shall require the concurrence of a majority of the said
trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such person full title and right to all of the
funds, property, and claims vested in the committee or the joint
trustees pursuant to this subpart.
(c) Any person to whom funds, property, or claims, have been
transferred or delivered by the committee, or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of such committees and upon the said trustees.
07 CFR 950.86 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or any regulation issued pursuant to this subpart or the
issuance of any amendments to either thereof, shall not (a) affect or
waive any right, duty, obligation, or liability which shall have arisen
or which may thereafter arise in connection with any provision of this
subpart or any regulation issued under this subpart, or (b) release or
extinguish any violation of this subpart or of any regulation issued
under this subpart or (c) affect or impair any rights or remedies of the
Secretary or of any other person with respect to any such violation.
07 CFR 950.87 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 950.88 Agents.
The Secretary may, by designation in writing, name any person
including any officer or employee of the Government, or name any agency
in the United States Department of Agriculture, to act as his agent or
representative in connection with any of the provisions of this subpart.
07 CFR 950.89 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 950.90 Personal liability.
No member or alternate of the committee, nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
other person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, employee, or agent
except for acts of dishonesty.
07 CFR 950.91 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing shall
not be affected thereby.
07 CFR 950.92 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 950.92 Subpart -- Exemption Certificates and Safeguards
Source: 20 FR 26, Jan. 4, 1955, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 950.92 General
07 CFR 950.100 Communications.
Unless otherwise provided in the marketing agreement and order, or by
specific direction of the administrative committee, all reports,
applications, submittals, requests, and communications in connection
with the marketing agreement and order shall be addressed to the Maine
Potato Administrative Committee at its principal office.
07 CFR 950.100 Definitions
07 CFR 950.110 Order.
Order means Order No. 950 ( 950.1 to 950.92) regulating the
handling of Irish potatoes grown in Maine.
07 CFR 950.111 Marketing agreement.
Marketing Agreement means Marketing Agreement No. 122.
07 CFR 950.112 Terms.
Terms used in this subpart shall have the same meaning as when used
in the marketing agreement and order ( 950.1 to 950.92).
07 CFR 950.113 Area determinations.
Immediate area of production and immediate shipping area,
respectively, are synonymous with ''District''.
07 CFR 950.114 Pack or packs.
Pursuant to 950.17, each of the following weight limits when used in
combination with any grade, as such term is defined in 950.9, is
approved as a pack, and applies only to the original package and not to
a combination of such packages:
100 pounds.
75 pounds.
50 pounds.
25 pounds.
15 pounds.
10 pounds.
7 1/2 pounds.
5 pounds.
3 pounds.
07 CFR 950.115 Fiscal period.
The initial fiscal period shall begin on the effective date of this
part, August 30, 1954, and end July 31, 1955, both dates inclusive.
Thereafter, and until August 1, 1957, each fiscal period shall begin on
August 1 of each year and end July 31 of the following year, both dates
inclusive. The fiscal period beginning August 1, 1957, shall end August
31, 1958. Thereafter, each fiscal period shall begin September 1 of
each year and end on August 31 of the following year, both dates
inclusive.
(22 FR 10684, Dec. 25, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961, and 44 FR 73012, Dec. 17, 1979)
07 CFR 950.115 Exemptions
07 CFR 950.120 Application.
Any producer or handler applying for exemption from regulations
issued pursuant to 950.52 shall file such application with the
administrative committee, or its duly authorized agent for such purpose,
on forms to be furnished by such committee. Each application shall
state the name and address of the applicant; the grade, size and
quality regulations from which exemption is requested; and facts
demonstrating that the potatoes, for which exemption is requested, were
adversely affected by acts beyond his control or by acts beyond the
applicant's reasonable expectation. Each application for an exemption
certificate must be accompanied by a Federal-State Inspection
Certificate covering the lot of potatoes for which exemption is
requested: Provided, That the committee may authorize the submission of
such Federal-State Inspection Certificate subsequent to the filing of
the application for exemption and prior to consideration of such
application. Applications shall set forth such additional information
as the administrative committee may find necessary in making
determinations with respect thereto, including, without limitation
thereto, the information required on producers' applications by
paragraphs (a) and (b) of this section, and the information required on
handlers' applications by paragraphs (c) and (d) of this section:
(a) The location of the farm on which potatoes for which exemption is
requested were produced, or, if such potatoes are stored, the location
of the storage where such potatoes are held, the location where such
potatoes are to be processed, and the loading point from which such
potatoes are to be shipped if exemption is granted;
(b) Acreage and quantity (by grade, size, quality, and variety) of
potatoes harvested prior to the date of application and to be harvested,
subsequent to such date, during the remainder of the season or specific
portion thereof (as may be determined pursuant to this part); the
quantity (by grade, size, quality, and variety) of potatoes disposed of
prior to the date of application and to be disposed of subsequent to
such date; the location of the potatoes to be disposed of, together
with the place where such potatoes will be handled; an estimate of the
portion of such potatoes which can be handled under regulation issued
pursuant to 950.52, during the remainder of the season; and the
reasons why all of such potatoes cannot be handled under such
regulations;
(c) The quantity (by grade, size, quality, and variety) of potatoes
acquired by the applicant and stored during and immediately following
the digging season, with appropriate identification of the location of
individual storage bins, and a statement as to the reasons why the
specified quantity of such potatoes remaining in storage cannot be
handled under regulations in effect on and subsequent to the date of the
application;
(d) The quantity (by grade, size, quality, and variety) of potatoes
acquired by the applicant and stored during and immediately following
the digging season, which were handled prior to the date of the
application; and
(e) Any applicant who is a producer of potatoes and a handler of
potatoes produced by others may be required by the administrative
committee to distinguish between his producer and handler operations in
submitting reports and data with respect to any application for
exemption.
07 CFR 950.121 Investigations.
The administrative committee may authorize investigations of
applications by its employees, Federal-State inspectors, and such other
persons as may be necessary to procure adequate information to pass upon
the merits of such applications.
07 CFR 950.122 Issuance.
(a) The administrative committee, or its duly authorized agents,
shall give prompt consideration to all statements and facts relating to
each application for exemption, and, pursuant to applicable provisions
of this part, a determination shall be made as to whether or not the
application is approved. The determination, if approving the
application, shall be evidenced by the issuance of a certificate of
exemption pursuant to 950.72: Provided, That more than one certificate
may be issued, at the request of an applicant, where the applicant ships
or causes to be shipped the total quantity of exempted potatoes in more
than one lot, in which case each certificate so issued shall be limited
to the quantity of exempted potatoes to be contained in the respective
lots shipped and the total quantity of exempted potatoes covered by such
certificates shall not exceed the total quantity of such potatoes which
would be authorized if only one certificate were issued to such
applicant.
(b) The applicant shall be notified in writing if his request for
exemption is denied.
(c) Each exemption certificate issued pursuant to this subpart shall
be on a form duly approved by the administrative committee and signed by
an authorized representative of such committee. At least one copy of
each exemption certificate issued shall be retained in the
administrative committee records. Each such certificate shall contain
the name and address of the recipient, the location of all potatoes
authorized to be shipped thereunder, the quantity (by grade, size,
quality, and variety) of potatoes which will be permitted in the
exempted shipments, and such other information as may be deemed
necessary by the administrative committee to provide such committee, the
recipient, or both, with adequate and specific information regarding
such exempted potatoes.
07 CFR 950.123 Disposition of certificates.
Each lot of potatoes handled under an exemption certificate shall be
accompanied by such certificate, or such appropriate identifying
information with respect to such certificate, as the administrative
committee may require, to facilitate the administration of regulatory
provisions applicable thereto.
07 CFR 950.124 Reports.
Handlers of potatoes exempted from regulation under exemption
certificates shall, at such time as may be specified in such
certificates, report thereon to the administrative committee the names
and addresses of the persons to whom such potatoes were shipped, the
quantity shipped (by grade, size, quality, and variety), the inspection
certificates issued with respect thereto, the dates of such shipments,
and such other information as may be requested by such committee in
order to administer the regulatory provisions applicable thereto.
07 CFR 950.125 Appeals.
If any applicant is dissatisfied with the determination of the
administrative committee regarding an application for an exemption
certificate, or any duly issued exemption certificate, an appeal by such
applicant may be taken to such committee in accordance with 950.74.
07 CFR 950.125 Safeguards
07 CFR 950.130 Application for Certificate of Privilege.
(a) Whenever shipments are regulated pursuant to 950.53, each
handler desiring to make shipments of potatoes for any of the following
purposes shall, prior thereto, apply to the administrative committee for
and obtain a Certificate of Privilege permitting such shipment:
(1) Export;
(2) Livestock feed;
(3) Canning or freezing;
(4) Dehydration;
(5) Charitable purposes;
(6) Potato chips; and
(7) Other specified products.
(b) Applications for Certificates of Privilege shall be made on forms
furnished by the administrative committee. Each application shall
contain the name and address of the handler, and such other information
as such committee may require, such as, but not limited to, the quantity
(by grade, size, quality, and variety) of potatoes to be shipped, the
mode of transportation, consignee, destination, and other appropriate
information or documents necessary to safeguard against the entry of
such potatoes into trade channels other than those for which the
Certificate of Privilege is granted.
07 CFR 950.131 Issuance.
The administrative committee or its duly authorized agents, shall
give prompt consideration to each application for a Certificate of
Privilege and shall determine whether the application is approved.
Approval of an application shall be evidenced by the issuance of a
Certificate of Privilege authorizing the applicant named therein to ship
potatoes for a specified purpose for a specified period of time.
07 CFR 950.132 Reports.
Each handler shipping potatoes under and pursuant to a Certificate of
Privilege shall supply the administrative committee with a report
thereon within the time specified on the application for such
certificate (except shipments of less than 15 hundredweight which shall
be reported within 30 days after such shipment) showing the name and
address of the shipper, car or truck identification, loading point,
destination, consignee, and, when inspection is required, the
Federal-State Inspection Certificate number.
07 CFR 950.133 Denial and appeal.
The administrative committee may rescind a Certificate of Privilege
issued to a handler, or deny a Certificate of Privilege to a handler,
upon proof satisfactory to such committee, that such handler has shipped
potatoes contrary to the provisions of this part. Such administrative
committee action denying a Certificate of Privilege shall apply to and
not exceed a reasonable period of time as determined by such committee.
Any handler who has been denied a Certificate of Privilege, or who has
had a Certificate of Privilege rescinded, may appeal to the
administrative committee for reconsideration. Such appeal shall be in
writing.
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 950.133 PART 953 -- IRISH POTATOES GROWN IN SOUTHEASTERN STATES
07 CFR 950.133 Pt. 953
07 CFR 950.133 Subpart -- Order Regulating Handling
Sec.
953.1 Secretary.
953.2 Act.
953.3 Person.
953.4 Production area.
953.5 Potatoes.
953.6 Handler.
953.7 Ship.
953.8 Producer.
953.9 Fiscal period.
953.10 Committee.
953.11 District.
953.12 Reapportionment and redistricting.
953.15 Establishment and membership.
953.16 Term of office.
953.18 Nominations.
953.19 Selection.
953.20 Failure to nominate.
953.21 Acceptance.
953.22 Vacancies.
953.23 Alternate members.
953.24 Procedure.
953.25 Expenses and compensation.
953.26 Powers.
953.27 Duties.
953.28 Obligations.
953.29 District committees.
953.33 Expenses.
953.34 Assessments.
953.35 Accounting.
953.36 Funds.
953.40 Marketing policy.
953.41 Recommendations for regulations.
953.42 Issuance of regulations.
953.43 Minimum standards of quality.
953.44 Limitation of regulations.
953.45 Minimum quantities.
953.50 Inspection and certification.
953.65 Effective time.
953.66 Termination.
953.67 Proceedings after termination.
953.68 Effect of termination or amendment.
953.75 Reports and records.
953.76 Compliance.
953.77 Right of the Secretary.
953.78 Duration of immunities.
953.79 Agents.
953.80 Derogation.
953.81 Personal liability.
953.82 Separability.
953.83 Amendments.
07 CFR 950.133 Subpart -- Rules and Regulations
953.100 General.
953.120 Nomination date.
953.121 Term of office.
953.122 Fiscal period.
953.123 Reestablishment of districts and reapportionment of committee
membership.
953.322 Handling regulation.
Authority: Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. 608c; secs.
1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 19 FR 8683, Dec. 18, 1954, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 950.133 Subpart -- Order Regulating Handling
07 CFR 950.133 Definitions
07 CFR 953.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer or member of the United States Department of
Agriculture who is or may hereafter be authorized to exercise the powers
and to perform the duties of the Secretary of Agriculture.
07 CFR 953.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
re-enacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601 et seq.).
07 CFR 953.3 Person.
Person means an individual, partnership, corporation, association,
legal representative, or any organized group or business unit of
individuals.
07 CFR 953.4 Production area.
Production area means and includes the counties of Accomack,
Northampton, Nansemond, James City, the cities of Chesapeake and
Virginia Beach in the State of Virginia and the counties of Northampton,
Halifax, Nash, Edgecombe, Pitt, Lenoir, Jones, and Onslow and all
counties east thereof in the State of North Carolina.
(33 FR 8503, June 8, 1968)
07 CFR 953.5 Potatoes.
Potatoes means all varieties of Irish potatoes grown in the
production area.
07 CFR 953.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of potatoes owned by another person) who
ships potatoes in fresh form, whether or not of his own production.
07 CFR 953.7 Ship.
Ship is synonymous with handle and means to transport, sell, or in
any manner place potatoes in the current of interstate commerce or so as
directly to burden, obstruct, or affect such commerce.
(33 FR 8503, June 8, 1968)
07 CFR 953.8 Producer.
Producer means any person engaged in the production of potatoes for
market.
07 CFR 953.9 Fiscal period.
Fiscal period means the period beginning and ending on the dates
approved by the Secretary pursuant to recommendations by the committee.
(33 FR 8503, June 8, 1968)
07 CFR 953.10 Committee.
Committee means the Administrative Committee, called the Southeastern
Potato Committee, established pursuant to 953.15.
07 CFR 953.11 District.
District means, describes, and refers to each of the geographic
divisions of the production area hereby established as follows:
District No. 1. Accomack County in the State of Virginia.
District No. 2. Northampton County in the State of Virginia.
District No. 3. James City and Nansemond Counties and the cities of
Chesapeake and Virginia Beach in the State of Virginia.
District No. 4. Northampton, Gates, Hertford, Bertie, Chowan,
Perquimans, Pasquotank, Currituck, and Camden Counties in the State of
North Carolina.
District No. 5. Halifax, Nash, Edgecombe, Pitt, Lenoir, Jones,
Onslow, Carteret, Pamlico, Craven, Beaufort, Martin, Washington,
Tyrrell, Hyde, and Dare in the State of North Carolina.
(33 FR 8503, June 8, 1968)
07 CFR 953.12 Reapportionment and redistricting.
The committee may recommend, and pursuant thereto, the Secretary may
approve, the reapportionment of members among districts, and the
reestablishment of districts within the production area. With respect
to any such changes, the committee and the Secretary shall give
consideration to:
(a) Shifts in potato acreage within the districts and within the
production area during recent years;
(b) The importance of new production in its relation to existing
districts;
(c) The equitable relationship of committee membership and districts;
(d) Economies to result for producers in promoting efficient
administration due to redistricting or reapportionment of members within
districts; and
(e) Other relevant factors.
(33 FR 8503, June 8, 1968)
07 CFR 953.12 Administrative Committee
07 CFR 953.15 Establishment and membership.
(a) The Southeastern Potato Committee, consisting of 12 members of
whom seven shall be producers and five shall be handlers is hereby
established. For each member of the committee, there shall be an
alternate member, who shall have the same qualifications as the member.
(b) Persons selected as members or alternates of the committee shall
be individuals who are producers or handlers, respectively, in the
respective district for which selected, or officers or employees of a
corporate producer or handler, respectively, in such district:
Provided, That no person, if he handles potatoes, shall be eligible for
selection as a producer member on said committee unless 51 percent or
more of the potatoes handled by him during the then current fiscal year
were of his own production, or unless such person is an officer or
employee of a producer's cooperative marketing association.
(19 FR 8683, Dec. 18, 1954, as amended at 33 FR 8503, June 8, 1968)
07 CFR 953.16 Term of office.
(a) The term of office for committee members and alternates shall,
except as otherwise specified, be for 1 year. The dates on which such
term of office shall begin and end shall be established by the Secretary
pursuant to the committee's recommendations, and the term of office may
be extended or shortened, including that of the then current membership,
to accord therewith.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof, beginning on the date on which they qualify during such
term of office and continuing until the end thereof, and until their
successors are selected and have qualified.
(33 FR 8503, June 8, 1968)
07 CFR 953.18 Nominations.
The Secretary may select members of the committee and alternates from
nominations which may be made in the following manner:
(a) A meeting or meetings of producers and handlers shall be held by
the committee for each district to designate nominees for members and
alternates to the committee;
(b) At least one nominee shall be designated for each position as
member and for each position as alternate member on the committee;
(c) The names of nominees shall be supplied to the Secretary in such
manner and form as he may prescribe, not later than September 15 of each
year, or by such other date as may be specified by the Secretary;
(d) Only producers may participate in designating producer nominees
and only handlers may participate in designating handler nominees. Any
person who operates in more than one district or is engaged in producing
and handling potatoes, shall elect the classification (i.e., producer or
handler), and the district within which he desires to participate in
designating nominees;
(e) Regardless of the number of districts in which a person produces
or handles potatoes, each such person is entitled to cast only one vote
on behalf of himself, his agents, subsidiaries, affiliates, and
representatives in designating nominees for committee members and
alternates. An eligible voter's privilege of casting only one vote as
aforesaid shall be construed to permit a voter to cast one vote for each
position to be filled in the district in which he elects to vote.
(33 FR 8503, June 8, 1968)
07 CFR 953.19 Selection.
(a) The Secretary shall select one producer member in and for each of
Districts 1, 2, and 3, and two producer members in and for each of
Districts 4 and 5 from nominees submitted pursuant to 953.18 or from
other eligible persons. In addition, he shall similarly select one
handler member from each district. The respective alternates shall be
selected on the same basis of representation as the members.
(b) The term of office of the committee members and alternates for
District No. 6 shall be terminated upon deletion of such district from
the production area.
(c) For the 1968-69 term of office the second producer member and his
alternate for each of Districts No. 4 and 5 shall be selected as soon
as practicable after deletion of District No. 6 from the production
area. Nomination meetings shall be held for these positions pursuant to
953.18 and the selections shall be made pursuant to this section for
the remainder of the 1968-69 term of office.
(33 FR 8504, June 8, 1968)
07 CFR 953.20 Failure to nominate.
If nominations are not made within the time and in the manner
specified by the Secretary pursuant to 953.18, the Secretary may,
without regard to nominations, select the members and alternate members
of the committee, which selection shall be on the basis of the
representation provided for in 953.19.
07 CFR 953.21 Acceptance.
Any person selected by the Secretary as a member or as an alternate
member of the committee shall qualify by filing a written acceptance
with the Secretary within the time specified by the Secretary.
(33 FR 8504, June 8, 1968)
07 CFR 953.22 Vacancies.
To fill any vacancy occasioned by the failure of any person selected
as a member or as an alternate member of the committee to qualify, or in
the event of the death, removal, resignation, or disqualification of any
qualified member or alternate member, a successor for his unexpired term
may be selected by the Secretary from nominations made in the manner
specified in 953.18, or the Secretary may select such member or
alternate member from previously unselected nominees on the current
nominee list from the district involved. If the names of nominees to
fill any such vacancy are not made available to the Secretary within 30
days after such vacancy occurs, the Secretary may fill such vacancy
without regard to nominations, which selection shall be made on the
basis of the representation provided for in 953.19.
07 CFR 953.23 Alternate members.
An alternate member of the committee shall act in the place and stead
of the member for whom he is alternate during such member's absence. In
the event of death, removal, resignation, or disqualification of a
member, his alternate shall act for him until a successor for the
unexpired term of such member is selected and has qualified.
07 CFR 953.24 Procedure.
(a) Nine members shall constitute a quorum of the committee and any
action of the committee shall require nine concurring votes.
(b) The committee may provide procedure for meeting by telephone,
telegraph, or other means of communications, and any vote cast at such a
meeting shall be confirmed promptly in writing: Provided, That if an
assembled meeting of the committee is held all votes shall be cast in
person.
07 CFR 953.25 Expenses and compensation.
Committee members and alternates when acting on committee business
shall be reimbursed for reasonable expenses necessarily incurred by them
in the performance of their duties and in the exercise of committee
powers under this subpart. In addition, they may receive reasonable
compensation at a rate recommended by the committee and approved by the
Secretary.
(33 FR 8504, June 8, 1968)
07 CFR 953.26 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this subpart in accordance with
its terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this subpart; and
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 953.27 Duties.
It shall be the duty of the committee:
(a) To act as intermediary between the Secretary and any producer or
handler;
(b) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books, and
records shall be subject to examination at any time by the Secretary or
his authorized agent or representative;
(c) To investigate, from time to time, and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
potatoes, and to engage in such research and service activities which
relate to the handling or marketing of potatoes as may be approved by
the Secretary;
(d) To furnish to the Secretary such available information as he may
request;
(e) To select subcommittees of committee members, a chairman and such
other officers as may be necessary, and to adopt such rules and
regulations for conduct of its business as it may deem advisable;
(f) At the beginning of each fiscal year, to submit to the Secretary
a budget of its expenses for such fiscal year, together with a report
thereon;
(g) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal year and at such other time as the
committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part; a copy of each such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of the committee for inspection by
producers and handlers;
(h) To appoint such employees, agents, and representatives as it may
deem necessary and to determine the salaries and define the duties of
each such person; and
(i) To consult, cooperate and exchange information with other potato
marketing committees and other individuals or agencies in connection
with all proper committee activities and objectives under this subpart.
07 CFR 953.28 Obligations.
Upon the removal or expiration of the term of office of any member of
the committee, such member shall account for all receipts and
disbursements and deliver all property and funds, together with all
books and records, in his possession, to his successor in office or to a
trustee designated by the Secretary and shall execute such assignments
and other instruments as may be necessary or appropriate to vest in such
successor or trustee full title to all the property, funds, and claims
vested in such member pursuant to this section: Provided, That the
provisions of this subpart shall apply to alternate members in
possession of funds, property, books or records, or participate in the
receipt or disbursement of funds.
07 CFR 953.29 District committees.
Potato producers and handlers in each district, as defined in
953.11, may establish and organize a District Committee of potato
producers and handlers within each such district for the purpose of
assisting in an advisory capacity the members of the Southeastern Potato
Committee from their district. The size and composition of each such
District Committee shall be determined by producers and handlers within
each district. Reports on the size and composition of each District
Committee shall be made available upon request to the Southeastern
Potato Committee. The members of such District Committees shall not
receive compensation from any funds dispersed by the Southeastern Potato
Committee. Members of District Committees may be selected at meetings
sponsored by the Southeastern Potato Committee. The terms of office of
members of District Committees shall coincide with the terms of office
of members of the Southeastern Potato Committee.
07 CFR 953.29 Expenses and Assessments
07 CFR 953.33 Expenses.
The committee is authorized to incur such expenses as the Secretary
finds may be necessary to carry out the functions of the committee
pursuant to the provisions of this subpart during each fiscal year. The
funds to cover such expenses shall be acquired by levying assessments as
provided in 953.34.
07 CFR 953.34 Assessments.
(a) Each handler who first handles potatoes shall, with respect to
the potatoes so handled by him, pay to the committee such handler's pro
rata share of the expenses which the Secretary finds will be necessarily
incurred by the committee for its maintenance and functioning during
each fiscal year. Such handler's pro rata share of such expenses shall
be equal to the ratio between the total quantity of potatoes handled by
him as the first handler thereof, during the applicable fiscal year, and
the total quantity of potatoes handled by all handlers as the first
handlers thereof, during the same fiscal year. The Secretary shall fix
the rate of assessment to be paid by such handlers: Provided, That the
rate of assessment during each fiscal year shall not exceed 1 cent per
hundred-weight.
(b) At any time during or after a fiscal year, the Secretary may
increase the rate of assessment in order to secure sufficient funds to
cover any later finding by the Secretary relative to the expenses of the
committee. Such increase shall be applicable to all potatoes handled
during the given fiscal year. In order to provide funds to carry out
the functions of the committee, handlers may make advance payment of
assessments.
07 CFR 953.35 Accounting.
(a) If, at the end of a fiscal period, the assessments collected are
in excess of expenses incurred, such excess shall be accounted for in
accordance with one of the following:
(1) If such excess is not retained in a reserve, as provided in
paragraph (a)(2) of this section, it shall be refunded proportionately
and to the extent practical to the persons from whom it was collected:
Provided, That each handler may be credited with such refund, for the
operations of the following fiscal period, unless he demands payment
thereof, in which event such proportionate refund shall be paid to him.
(2) The committee, with the approval of the Secretary, may establish
an operating monetary reserve, and may carry over into subsequent fiscal
periods such excess in a reserve so established: Provided, That funds
in the reserve shall not exceed approximately one fiscal period's
expenses. Such reserve funds may be used by the committee (i) to defray
expenses authorized pursuant to 953.33, (ii) to defray expenses during
any fiscal period, prior to the time assessment income is sufficient to
cover such expenses, (iii) to cover deficits incurred during any fiscal
period when assessment income is less than expenses, (iv) to defray
expenses incurred during any period when any or all provisions of this
part are suspended or are inoperative, and (v) to cover necessary
expenses of liquidation in the event of termination of this part. Upon
such termination, any funds not required to defray the necessary
expenses of liquidation and after reasonable effort by the committee it
is found impracticable to return such remaining funds to handlers from
whom collected, such funds shall be disposed of in such manner as the
Secretary may determine to be appropriate.
(b) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person or persons to act as
trustee or trustees for holding records, funds, or any other committee
property during periods of suspension of this part, or during any period
or periods when regulations are not in effect; and, if the Secretary
determines such action appropriate, he may direct that such person or
persons shall act as trustee or trustees for the committee.
(33 FR 8504, June 8, 1968)
07 CFR 953.36 Funds.
All funds received by the committee pursuant to any provision of this
subpart shall be used solely for the purposes specified in this subpart
and shall be accounted for in the following manner:
(a) The Secretary may, at any time, require the committee and its
members to account for all receipts and disbursements; and
(b) Whenever any person ceases to be a member of the committee, he
shall account for all receipts and disbursements and deliver all
property and funds in his hands, together with all books and records in
his possession, to his successor in office or to such person as the
Secretary may designate, and shall execute such assignments and other
instruments as may be necessary or appropriate to vest in such successor
or in such designated person the right to all the property, funds, or
claims vested in such member.
07 CFR 953.36 Regulations
07 CFR 953.40 Marketing policy.
Prior to or at the same time initial recommendations in any fiscal
period are made pursuant to 953.41, the committee shall prepare a
marketing policy, and promptly submit a copy thereof to the Secretary,
setting forth its proposed policy for the marketing of potatoes during
such fiscal period. In the event it becomes advisable to deviate from
such marketing policy, because of changed demand and supply conditions,
or as the Secretary may request, the committee shall formulate a revised
marketing policy and shall submit a report thereon to the Secretary.
Notice of each such marketing policy and revision thereof shall be given
to producers, handlers, and other interested parties by bulletins,
newspapers, or other appropriate media, and copies thereof shall be
available for examination at the committee office to all interested
parties.
(33 FR 8504, June 8, 1968)
07 CFR 953.41 Recommendations for regulations.
(a) It shall be the duty of the committee to investigate supply and
demand conditions for grades, sizes, and qualities of all potatoes.
Whenever the committee finds that such conditions make it advisable to
regulate the shipment of particular grades, sizes, or qualities of
potatoes during any period in any or all portions of the production
area, it shall recommend to the Secretary the particular grades, sizes,
and qualities, or any combination thereof, of such potatoes deemed
advisable to be shipped during such period: Provided, That the
committee shall not recommend to the Secretary any regulation limiting
the shipment of U.S. No. 1 grade or better, as such grades are defined
in United States Standards for Potatoes in effect at the time of
recommendation.
(b) In determining the grades, sizes, and qualities of potatoes or
any and all combinations thereof deemed advisable to be regulated in
view of the prospective demand thereof, the committee shall give due
consideration to the following factors:
(1) Market prices, including prices by grades and sizes, of potatoes
for which regulation is recommended;
(2) Potatoes on hand in the market areas as manifested by supplies en
route and on track at the principal markets;
(3) Available supply, quality, and condition of potatoes in the
production area and other production areas;
(4) Supplies from competing areas and regions producing potatoes;
(5) The trend and level of consumer income; and
(6) Other relevant factors.
07 CFR 953.42 Issuance of regulations.
Whenever the Secretary shall find, from the recommendations,
information and evidence submitted by the committee, or from other
available information, that to limit the shipment of potatoes to
particular grades, sizes, and qualities thereof in any or all portions
of the production area would tend to effectuate the declared policy of
the act, he shall so limit by appropriate regulations thereon the
shipments of such potatoes during a specified period. The Secretary
shall notify the committee of any such regulation and the committee
shall give reasonable notice thereof to handlers: Provided, That no
regulations shall be issued under this subpart limiting the shipment of
U.S. No. 1 grade or better, as such grades are defined in United States
Standards for Potatoes in effect at the time such regulations are
issued.
07 CFR 953.43 Minimum standards of quality.
(a) Recommendation. Whenever the committee deems it advisable to
establish and maintain minimum standards of quality governing the
shipment of potatoes, it shall recommend to the Secretary such minimum
standards of quality in terms of grades, sizes, or both, below which
shipments are to be prohibited. At the time of submitting each such
recommendation, the committee shall also submit to the Secretary the
supporting data and information upon which it acted in making such
recommendation. The committee shall submit in support of its
recommendations such other data and information as may be requested by
the Secretary, and shall promptly give adequate notice to all handlers
and growers of each such recommendation.
(b) Establishment. Whenever the Secretary finds, from the
recommendations and information submitted by the committee, or from
other available information, that to prohibit the shipment of potatoes
below certain specified minimum grades, or smaller than certain
specified minimum sizes, or both, would be in the public interest and
would tend to effectuate the declared policy of the act, he shall so
prohibit the shipment of such potatoes. The Secretary shall immediately
notify the committee of the issuance of each such regulation, and the
committee shall promptly give adequate notice thereof to handlers and
growers.
(c) Modification or suspension. (1) The committee may recommend to
the Secretary the modification, suspension, or termination of orders
relating to minimum standards provided for or established pursuant to
this subpart. If the Secretary finds, upon the basis of such
recommendation and information, or upon the basis of other available
information, that to modify, suspend, or terminate such orders relating
to minimum standards of quality will tend to effectuate the declared
policy of the act, he shall so modify or suspend such standards for (i)
a specified period of time, or (ii) for an indefinite period of time.
(2) The Secretary shall immediately notify the committee and the
committee shall promptly give notice to growers and handlers, of any
order issued by the Secretary modifying, suspending, or terminating any
orders relating to minimum standards of quality established pursuant to,
or provided for, in this subpart.
07 CFR 953.44 Limitation of regulations.
(a) Nothing contained in this subpart shall authorize any limitation
of the shipment of potatoes for any of the following purposes:
(1) Potatoes shipped for consumption by charitable institutions or
for distribution by relief agencies;
(2) Potatoes shipped for manufacturing or conversion into byproducts,
except for manufacturing or conversion into specified products
recommended by the committee for regulation and approved by the
Secretary therefor; and
(3) Upon recommendation of the committee and approval of the
Secretary, potatoes shipped for livestock feed, export, or for other
specified purposes.
(b) The Secretary shall give prompt notice to the committee of any
approval issued by him under the provisions of this section. The
committee may prescribe adequate safeguards to prevent potatoes shipped
for the purposes stated above from entering the current of interstate
commerce or directly burdening, obstructing, or affecting such commerce
contrary to the provisions of this subpart, which safeguards may include
(1) a requirement by the committee that growers and handlers who ship
potatoes pursuant to this section shall file applications to do so with
the committee and (2) Federal-State inspection provided by 953.50 and
the payment of a pro rata share of expenses provided by 953.34:
Provided, That such inspection and payment of expenses may be required
at different times than otherwise specified by the aforesaid sections.
The committee may issue certificates of privilege for shipments of
potatoes affected or to be affected under the provisions of this section
and shall make a weekly report to the Secretary showing the number of
certificates applied for, the number of bushels of potatoes covered by
such applications, the number of certificates denied and granted, the
number of bushels of potatoes shipped under duly issued certificates,
and such other information as may be requested by the Secretary. The
Secretary shall have the right to modify, change, alter, or rescind any
safeguards prescribed and any certificates issued by the committee
pursuant to the provisions of this section.
07 CFR 953.45 Minimum quantities.
The committee, with the approval of the Secretary, may establish, for
any or all portions of the production area, quantities below which
shipments shall be free from regulations issued pursuant to: 953.42,
Regulations, 953.50, Inspection and certification, and 953.34,
Assessments.
(33 FR 8504, June 8, 1968)
07 CFR 953.45 Inspection and Certification
07 CFR 953.50 Inspection and certification.
The Southeastern Potato Committee shall require, with approval of the
Secretary, that whenever regulations are in effect pursuant to this
subpart, each first handler shall, prior to making each shipment of
potatoes cause each shipment to be inspected by an authorized
representative of the Federal-State Inspection Service. Each handler
shall make arrangements with the inspecting agency to forward promptly
to the committee a copy of each inspection certificate, issued as
aforesaid.
07 CFR 953.50 Effective Time and Termination
07 CFR 953.65 Effective time.
The provisions of this subpart shall become effective at such time as
the Secretary may declare above his signature attached to this subpart,
and shall continue in force until terminated in one of the ways
specified in 953.66.
07 CFR 953.66 Termination.
(a) The Secretary may, at any time, terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operations of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal year whenever he finds that such termination is
favored by a majority of producers who, during the preceding fiscal year
have been engaged in the production for market of potatoes: Provided,
That such majority has, during such year, produced for market more than
fifty percent of the volume of such potatoes produced for market; but
such termination shall be effected only if announced on or before
October 31, of the then current fiscal year.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them, cease to be in
effect.
07 CFR 953.67 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart, the then
functioning members of the committee shall continue as trustees, for the
purpose of liquidating the affairs of the committee, of all funds and
the property then in the possession of, or under control of, the
committee, including claims for any funds unpaid, or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall, upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such person full title and right to all of the
funds, property, and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred, or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 953.68 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart, or of any regulation issued pursuant to this subpart,
or the issuance of any amendment to either thereof, shall not (a) affect
or waive any right, duty, obligation, or liability which shall have
arisen, or which may thereafter arise in connection with any provision,
of this subpart, or any regulation issued under this subpart, or (b)
release or extinguish any violation of this subpart, or of any
regulation issued under this subpart, or (c) affect or impair any rights
or remedies of the Secretary, or of any other person with respect to any
such violation.
07 CFR 953.68 Miscellaneous Provisions
07 CFR 953.75 Reports and records.
(a) Upon the request of the committee, with the approval of the
Secretary, every handler shall furnish to the committee, in such manner
and at such time as may be prescribed, such information as will enable
the committee to exercise its duties under this subpart. The Secretary
shall have the right to modify, change, or rescind requests for any
reports pursuant to this section.
(b) Each handler shall establish and maintain for at least two
succeeding years such records and documents with respect to potatoes
received and potatoes disposed of by him as will substantiate the
required reports.
(c) For the purpose of assuring compliance with the recordkeeping
requirements and verifying reports filed by handlers, the Secretary, and
the committee through its duly authorized employees, shall have access
to such records.
(d) All reports and records furnished or submitted by handlers to, or
obtained by the employees of, the committee which contain data or
information constituting a trade secret or disclosing the trade
position, financial condition, or business operations of the particular
handler from whom received, shall be treated as confidential and the
reports and all information obtained from records shall at all times be
kept in the custody and under the control of one or more employees of
the committee who shall disclose such information to no person other
than the Secretary, or as authorized by the Secretary. Compilations of
general reports from data and information submitted by handlers is
authorized subject to the prohibition of disclosure of individual
handlers' identity or operations.
(33 FR 8504, June 8, 1968)
07 CFR 953.76 Compliance.
Except as provided in this subpart, no handler shall ship potatoes,
the shipment of which has been prohibited by the Secretary in accordance
with provisions of this subpart, and no handler shall ship potatoes
except in conformity to the provisions of this subpart.
07 CFR 953.77 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination, or other act of
the committee, shall be subject to the continuing right of the Secretary
to disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 953.78 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart
except with respect to acts done under and during the existence of this
subpart.
07 CFR 953.79 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the Government, or name any bureau
or division in the United States Department of Agriculture, to act as
his agent or representative in connection with any of the provisions of
this subpart.
07 CFR 953.80 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise, or
in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 953.81 Personal liability.
No member or alternate of the committee, nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, or employee, except
for acts of dishonesty.
07 CFR 953.82 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing shall
not be affected thereby.
07 CFR 953.83 Amendments.
Amendments to this subpart may be proposed from time to time by the
committee or by the Secretary.
07 CFR 953.83 Subpart -- Rules and Regulations
07 CFR 953.83 General
07 CFR 953.100 General.
(a) Marketing agreement means Marketing Agreement No. 104.
(b) Order means Order No. 953 ( 953.1 through 953.83).
(c) All other terms shall have the same meaning as when used in the
marketing agreement and order.
07 CFR 953.100 Change in Date for Completing Nominations, Term of Office, and Fiscal Period
07 CFR 953.120 Nomination date.
The names of committee nominees shall be supplied to the Secretary in
such manner and form as he may prescribe, pursuant to 953.18, not later
than January 31 of each year.
(34 FR 17328, Oct. 27, 1969)
07 CFR 953.121 Term of office.
The term of office, pursuant to 953.16, which began November 1,
1968, shall end March 31, 1970. Thereafter, each term of office shall
begin April 1 of each year and end March 31 of the following year, both
dates inclusive.
(34 FR 17828, Oct. 27, 1969)
07 CFR 953.122 Fiscal period.
The fiscal period, pursuant to 953.9, which began on April 1, 1976,
shall end on May 31, 1977. Thereafter, each fiscal period shall begin
on June 1 of each year and end on May 31 of the following year, both
dates inclusive.
(41 FR 42184, Sept. 27, 1976)
07 CFR 953.123 Reestablishment of districts and reapportionment of
committee membership.
(a) Pursuant to 953.12: (1) The counties of James City and
Nansemond and the cities of Chesapeake and Virginia Beach (currently
District No. 3) are reestablished as a part of District No. 2; (2) the
membership of the Southeastern Potato Committee shall be apportioned
among the districts of the production are so as to provide the following
representation: Two producer members and one handler member from each
of Districts No. 1, 4, and 5; one producer member and two handler
members from District No. 2. The respective alternates shall be
selected on the same basis of representation as the members.
(b) Terms used in this section have the same meaning as when used in
the said marketing agreement and this part.
(37 FR 927, Jan. 21, 1972)
07 CFR 953.322 Handling regulation.
During the period beginning June 5 and ending July 31 each season, no
person shall ship any lot of potatoes produced in the production area
unless such potatoes meet the requirements of paragraphs (a) and (b) of
this section or unless such potatoes are handled in accordance with
paragraphs (c) and (d) or (e) of this section.
(a) Minimum grade and size requirements. All round white varieties
of potatoes shall be U.S. No. 2 or better grade, 1 1/2 inches (38.1 mm)
minimum diameter.
(b) Inspection. Except as provided in paragraphs (c) and (e), no
handler shall ship any round white potatoes unless an appropriate
inspection certificate covering them has been issued by the
Federal-State Inspection Service and the certificate is valid at the
time of shipment.
(c) Special purpose shipments. The grade, size, and inspection
requirements set forth in paragraphs (a) and (b) of this section shall
not apply to potatoes shipped for canning, freezing, ''other
processing'' as hereinafter defined, livestock feed, charity or to
shipments of round red, long white or Russet variety potatoes. However,
the handler of any potatoes shipped for such special purposes shall
comply with the safeguard requirements of paragraph (d) of this section.
(d) Safeguards. Each handler making shipments of potatoes for
canning, freezing, ''other processing,'' livestock feed or charity, or
making shipments of round red, long white or Russet variety potatoes in
accordance with paragraph (c) of this section shall:
(1) Notify the committee of the handler's intent to ship potatoes
pursuant to paragraph (c) of this section by applying forms furnished by
the committee for a Certificate of Privilege applicable to such special
purpose shipments.
(2) Obtain an approved Certificate of Privilege;
(3) Prepare on forms furnished by the committee a special purpose
shipment report for each such individual shipment; and
(4) Forward copies of such special purpose shipment report to the
committee office and to the receiver with instructions to sign and
return a copy to the committee's office. Failure of the handler or
receiver to report such shipments by promptly signing and returning the
applicable special purpose shipment report to the committee office shall
be cause for suspension of such handler's Certificate of Privilege
applicable to such special purpose shipments.
(e) Minimum quantity exemption. Each handler may ship up to, but not
to exceed five hundredweight of potatoes any day without regard to the
inspection and assessment requirements of this part, but this exception
shall not apply to any portion of a shipment that exceeds five
hundredweight of potatoes.
(f) Definitions. The term U.S. No. 2 shall have the same meaning as
when used in the U.S. Standards for Grades of Potatoes as amended (7 CFR
2851.1540-2851.1566), including the tolerances set forth in it. The
term other processing has the same meaning as the term appearing in the
act and includes, but is not restricted to, potatoes for dehydration,
chips, shoestrings, starch, and flour. It includes only that
preparation of potatoes for market which involves the application of
heat or cold to such an extent that the natural form or stability of the
commodity undergoes a substantial change. The act of peeling, cooling,
slicing, dicing, or applying material to prevent oxidation does not
constitute ''other processing.'' All other terms used in this section
shall have the same meaning as when used in Marketing Agreement No. 104
and this part, both as amended.
(g) Applicability to imports. Pursuant to section 8e of the act and
980.1 ''Import regulations'' (7 CFR 980.1), Irish potatoes of the round
white type imported during the effective period of this section shall
meet the grade, size, quality, and maturity requirements specified in
paragraph (a) of this section.
(47 FR 22500, May 25, 1982, as amended at 49 FR 23334, June 6, 1984)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 953.322 Pt. 955
07 CFR 953.322 PART 955 -- VIDALIA ONIONS GROWN IN GEORGIA
Sec.
955.1 Secretary.
955.2 Act.
955.3 Person.
955.4 Production area.
955.5 Vidalia onion.
955.6 Handler.
955.7 Handle.
955.9 Producer.
955.10 Producer-handler.
955.12 Committee.
955.13 Fiscal period.
955.20 Establishment and membership.
955.21 Term of office.
955.22 Nominations.
955.23 Selection.
955.24 Acceptance.
955.25 Alternates.
955.26 Vacancies.
955.27 Failure to nominate.
955.28 Procedure.
955.29 Expenses.
955.30 Powers.
955.31 Duties.
955.40 Expenses.
955.41 Budget.
955.42 Assessments.
955.43 Accounting.
955.44 Excess funds.
955.45 Contributions.
955.50 Research and development.
955.60 Reports and recordkeeping.
955.71 Termination or suspension.
955.72 Proceedings after termination.
955.73 Effect of termination or amendment.
955.80 Compliance.
955.81 Right of the Secretary.
955.82 Duration of immunities.
955.83 Agents.
955.84 Derogation.
955.85 Personal liability.
955.86 Separability.
955.87 Amendments.
955.90 Counterparts.
955.91 Additional parties.
955.92 Order with marketing agreement.
Authority: Sec. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 55 FR 717, Jan. 9, 1990, unless otherwise noted.
07 CFR 953.322 Definitions
07 CFR 955.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department of Agriculture who has been
delegated, or who may hereafter be delegated, the authority to act for
the Secretary.
07 CFR 955.2 Act.
Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended
and as reenacted and amended by the Agricultural Marketing Agreement Act
of 1937, as amended (Sec. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601
et seq.).
07 CFR 955.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 955.4 Production area.
Production area means that part of the State of Georgia enclosed by
the following boundaries: Beginning at a point in Laurens County where
U.S. Highway 441 intersects Highway 16; thence continue southerly along
U.S. Highway 441 to a point where it intersects the southern boundary of
Laurens County; thence southwesterly along the border of Laurens County
to a point where it intersects the county road known as Jay Bird Springs
Road; thence southeasterly along Jay Bird Springs Road to a point where
it intersects U.S. Highway 23; thence easterly to a point where U.S.
Highway 23 intersects the western border of Telfair County; thence
southwesterly following the western and southern border of Telfair
County to a point where it intersects with Jeff Davis County; thence
following the southern border of Jeff Davis County to a point where it
intersects with the western border of Bacon County; thence southerly
and easterly along the border of Bacon County to a point where it
intersects Georgia State Road 32; thence easterly along Georgia State
Road 32 to Seaboard Coastline Railroad; thence northeasterly along the
tracks of Seaboard Coastline Railroad to a point where they intersect
Long County and Liberty County; thence northwesterly and northerly
along the southwestern border of Liberty County to a point where the
border of Liberty County intersects the southern border of Evans County;
thence northeasterly along the eastern border of Evans County to the
intersection of the Bulloch County border; thence northeasterly along
the Bulloch County border to a point where it intersects with the
Ogeechee River; thence northerly along the main channel of the Ogeechee
River to a point where it intersects with the southeastern border of
Screven County; thence northeasterly along the southeasterly border of
Screven County to the main channel of the Savannah River; thence
northerly along the main channel of the Savannah River to a point where
the northwestern boundary of Hampton County, South Carolina intersects
the Savannah River; thence due west to a point where State Road 24
intersects Brannen Bridge Road; thence westerly along Brannen Bridge
Road to a point where it intersects with State Road 21; thence westerly
along State Road 21 to the intersection of State Road 17; thence
westerly along State Road 17 to the intersection of State Road 56 and
southerly to the northern border of Emanuel County; thence westerly and
southerly along the border of Emanuel County to a point where it
intersects the Treutlen County border; thence southerly to a point
where the Truetlen County border intersects Interstate Highway 16;
thence westerly to the point of beginning in Laurens County.
07 CFR 955.5 Vidalia onion.
Vidalia onion means all varieties of Allium cepa of the hybrid yellow
granex, granex parentage or any other similar variety recommended by the
committee and approved by the Secretary, that are grown in the
production area.
07 CFR 955.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of Vidalia onions owned by another person)
who handles Vidalia onions, or causes Vidalia onions to be handled.
07 CFR 955.7 Handle.
Handle or ship means to package, load, sell, transport, or in any
other way to place Vidalia onions, or cause Vidalia onions to be placed,
in the current of commerce within the production area or between the
production area and any point outside thereof. Such term shall not
include the transportation, sale, or delivery of field-run Vidalia
onions to a person within the production area for the purpose of having
such Vidalia onions prepared for market.
07 CFR 955.9 Producer.
Producer is synonymous with grower and means any person engaged in a
proprietary capacity in the production of Vidalia onions for market.
07 CFR 955.10 Producer-handler.
Producer-Handler means a producer who handles Vidalia onions.
07 CFR 955.12 Committee.
Committee means the Vidalia Onion Committee, established pursuant to
955.20.
07 CFR 955.13 Fiscal period.
Fiscal period means the 12-month period beginning on September 16 and
ending on September 15 of the next year or such other period that may be
recommended by the committee and approved by the Secretary.
07 CFR 955.13 Committee
07 CFR 955.20 Establishment and membership.
(a) There is hereby established a Vidalia Onion Committee, consisting
of nine members, to administer the terms and provisions of this part.
Eight members shall be producers, and one shall be a public member. At
least four of the producer members shall be producer-handlers. Each
member shall have an alternate who shall have the same qualifications as
the member.
(b) Each member, other than the public member, shall be an individual
who is, prior to selection and during such member's term of office, a
resident of the production area and a grower or an officer or employee
of a grower.
(c) The public member shall be a resident of the production area and
shall have no direct financial interest in the commercial production,
financing, buying, packing or marketing of Vidalia onions, except as a
consumer, nor shall such person be a director, officer or employee of
any firm so engaged.
07 CFR 955.21 Term of office.
(a) Except as otherwise provided in paragraph (b) of this section,
the term of office of committee members and their respective alternates
shall be for two years and shall begin as of September 16 or for such
other period as the committee may recommend and the Secretary approve.
The terms shall be determined so that approximately one-half of the
total committee membership shall terminate each year. Members and
alternates shall serve in such capacity during the term of office or
portion thereof for which they are selected and until their respective
successors are selected.
(b) The term of office of the initial members and alternates shall
begin as soon as possible after effective date of this part. As
determined by lot drawn at the initial nomination meeting, one-fourth of
the initial grower members and alternates shall serve for a one-year
term, one-fourth shall serve for a two-year term, one-fourth shall serve
for a three-year term, and one-fourth shall serve for a four-year term.
The term of office for the initial public member and alternate shall be
for two years.
(c) The consecutive terms of office of members shall be limited to
three 2-year terms.
07 CFR 955.22 Nominations.
(a) Initial members. For nominations to the initial committee, a
meeting of producers shall be held by the Secretary.
(b) Successor members. (1) The committee shall hold or cause to be
held not later than August 1 of each year, or such other date as may be
specified by the Secretary, a meeting or meetings of growers for the
purpose of designating one nominee for each position as member and for
each position as alternate member of the committee which is vacant, or
which is about to become vacant.
(2) Nominations for members and alternates shall be supplied to the
Secretary in such manner and form as the Secretary may prescribe, not
later than August 15 of each year, or by such other date as may be
specified by the Secretary.
(3) The Secretary may, upon recommendation of the committee, divide
the production area into districts for the purpose of nominating
committee members and their alternates.
(c) Only producers may participate in designating nominees to serve
as committee members. Each producer is entitled to cast only one vote
on behalf of such producer and such producer's agents, subsidiaries,
affiliates, and representatives in designating nominees for committee
members and alternates. An eligible voter's privilege of casting only
one vote shall be construed to permit a voter to cast one vote for each
position to be filled.
(d) The producer members shall nominate the public member and
alternate member at the first meeting following the selection of members
for a new term of office. Nominations for the public member and
alternate member shall be supplied to the Secretary in such manner and
form as the Secretary may prescribe, not later than November 1, or such
other date as may be specified by the Secretary.
07 CFR 955.23 Selection.
From the nominations made pursuant to 955.22 or from other qualified
persons, the Secretary shall select members and alternate members of the
committee.
07 CFR 955.24 Acceptance.
Any person nominated to serve as a member or alternate member of the
committee shall, prior to selection by the Secretary, qualify by filing
a written acceptance indicating such person's willingness to serve in
the position for which nominated.
07 CFR 955.25 Alternates.
An alternate member of the committee shall act in the place and stead
of the member for whom such person is an alternate during such member's
absence or when designated to do so by such member. In the event both a
member of the committee and that member's alternate are unable to attend
a committee meeting, the member, the alternate, or the committee, in
that order, may designate another alternate from the same district (if
applicable) and the same group (producer or producer-handler) to serve
in such member's stead. Only the public member's alternate is
authorized to serve in the place and stead of the public member. In the
event of the death, removal, resignation or disqualification of a
member, that member's alternate shall serve until a successor to such
member is selected.
07 CFR 955.26 Vacancies.
To fill any vacancy occasioned by the failure of any person nominated
as a member or as an alternate to qualify, or in the event of the death,
removal, resignation, or disqualification of a member or alternate, a
successor for the unexpired term may be selected by the Secretary from
nominations made pursuant to 955.22, or from other eligible persons.
07 CFR 955.27 Failure to nominate.
If nominations are not made within the time and manner prescribed in
955.22, the Secretary may, without regard to nominations, select members
and alternates on the basis of the representation provided for in
955.20.
07 CFR 955.28 Procedure.
(a) Five members of the committee shall constitute a quorum, and five
concurring votes shall be required to pass any motion or approve any
committee action.
(b) The committee may provide for meetings by telephone, telegraph,
or other means of communication, and any vote cast orally at such
meetings shall be confirmed promptly in writing: Provided, That if an
assembled meeting is held, all votes shall be cast in person.
07 CFR 955.29 Expenses.
Members and alternates shall serve without compensation but shall be
reimbursed for such expenses authorized by the committee and necessarily
incurred by them in attending committee meetings and in the performance
of their duties under this part.
07 CFR 955.30 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 955.31 Duties.
The committee shall have, among others, the following duties:
(a) As soon as practicable after the beginning of each term of
office, to meet and organize, to select a chairman and such other
officers as may be necessary, to select subcommittees of committee
members or alternates, and to adopt such rules and regulations for the
conduct of its business as it deems necessary;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as may be
requested;
(d) To appoint such employees, agents, and representatives as it may
deem necessary, to determine the compensation and define the duties of
each such person, and to protect the handling of committee funds;
(e) To investigate from time to time and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
Vidalia onions;
(f) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee. Such minutes, books, and
records shall be subject to examination at any time by the Secretary or
the Secretary's authorized agent or representative. Minutes of each
committee meeting shall be furnished promptly to the Secretary;
(g) Prior to the beginning of each fiscal period, to prepare and
submit to the Secretary a budget of its projected income and expenses
for such fiscal period, together with a report thereon and a
recommendation as to the rate of assessment for such period;
(h) To cause its books to be audited by a Certified Public Accountant
at least once each fiscal period, and at such other time as the
committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part. A copy of each report shall be
furnished to the Secretary. A copy shall also be made available at the
principal office of the committee for inspection by producers and
handlers provided that confidential information shall be removed;
(i) To give the Secretary the same notice of meetings of the
committee and its subcommittees as is given to its members.
07 CFR 955.31 Expenses and Assessments
07 CFR 955.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
may find are reasonable and likely to be incurred by the committee for
its maintenance and functioning, and to enable it to exercise its powers
and perform its duties in accordance with the provisions of this part.
The funds to cover such expenses shall be acquired in the manner
prescribed in 955.42 and 955.45.
07 CFR 955.41 Budget.
At least 60 days prior to each fiscal period, or such other date as
may be specified by the Secretary, and as may be necessary thereafter,
the committee shall prepare an estimated budget of income and
expenditures necessary for the administration of this part. The
committee may recommend a rate of assessment calculated to provide
adequate funds to defray its proposed expenditures. The committee shall
present such budget to the Secretary with an accompanying report showing
the basis for its calculations.
07 CFR 955.42 Assessments.
(a) The funds to cover the committee's expenses shall be acquired by
the levying of assessments upon handlers as provided in this subpart.
Each person who first handles Vidalia onions shall pay assessments to
the committee upon demand, which assessments shall be in payment of such
handler's pro rata share of the committee's expenses.
(b) Assessments shall be levied upon handlers at rates established by
the Secretary. Such rates may be established upon the basis of the
committee's recommendations or other available information.
(c) At any time during, or subsequent to, a given fiscal period the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the assessment rate. Such
increase shall be applicable to all Vidalia onions which were handled
during such fiscal period.
(d) The payment of assessments for the maintenance and functioning of
the committee may be required under this part throughout the period it
is in effect irrespective of whether particular provisions of this part
are suspended or become inoperative.
(e) To provide funds for the administration of the provisions of this
part during the initial fiscal period or the first part of a fiscal
period when neither sufficient operating reserve funds nor sufficient
revenue from assessments on the current seasons's shipments are
available, the committee may accept payment of assessments in advance or
may borrow money for such purposes.
(f) The committee may impose a late payment charge or an interest
charge or both, on any handler who fails to pay any assessment in a
timely manner. Such time and the rates shall be recommended by the
committee and approved by the Secretary.
07 CFR 955.43 Accounting.
(a) All funds received by the committee pursuant to the provisions of
this part shall be used solely for the purposes specified in this part.
(b) The Secretary may at any time require the committee, its members
and alternates, employees, agents and all other persons to account for
all receipts and disbursements, funds, property, or records for which
they are responsible. Whenever any person ceases to be a member or
alternate of the committee, such person shall account for all receipts
and disbursements and deliver all property and funds in such member's
possession to the committee, pertaining to the committee's activities
for which such person was responsible, and shall execute such
assignments and other instruments as may be necessary or appropriate to
vest in the committee full title to all of the property, funds, and
claims vested in such person.
(c) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person, to act as a trustee
for holding records, funds, or any other committee property during
periods of suspension of this part, or during any period or periods when
regulations are not in effect and, upon determining such action is
appropriate, the Secretary may direct that such person or persons shall
act as trustee or trustees for the committee.
07 CFR 955.44 Excess funds.
If, at the end of a fiscal period, the assessments collected are in
excess of expenses incurred, such excess shall be accounted for as
follows:
(a) The committee, with the approval of the Secretary, may establish
an operating reserve and may carry over to subsequent fiscal periods
excess funds in a reserve so established, except funds in the reserve
shall not exceed the equivalent of approximately three fiscal periods'
budgeted expenses. Such reserve funds may be used:
(1) To defray any expenses authorized under this part;
(2) To defray expenses during any fiscal period prior to the time
assessment income is sufficient to cover such expenses;
(3) To cover deficits incurred during any fiscal period when
assessment income is less than expenses;
(4) To defray expenses incurred during any period when any or all
provisions of this part are suspended or are inoperative; and
(5) To cover necessary expenses of liquidation in the event of
termination of this part.
Upon termination of this part, any funds not required to defray the
necessary expenses of liquidation shall be disposed of in such manner as
the Secretary may determine to be appropriate except that to the extent
practicable, such funds shall be returned pro rata to the persons from
whom such funds were collected.
(b) If such excess is not retained in a reserve as provided in
paragraph (a) of this section, each handler entitled to a proportionate
refund of the excess assessments collected shall be credited at the end
of a fiscal period with such refund against the operations of the
following fiscal period unless such handler demands payment thereof, in
which event such proportionate refund shall be paid.
07 CFR 955.45 Contributions.
The committee may accept voluntary contributions but these shall only
be used to pay expenses incurred pursuant to 955.50. Such contributions
shall be free from any encumbrances by the donor, and the committee
shall retain complete control of their use.
07 CFR 955.45 Research and Development
07 CFR 955.50 Research and development.
(a) The committee, with the approval of the Secretary, may establish
or provide for the establishment of production research, marketing
research and development and marketing promotion projects, including
paid advertising, designed to assist, improve, or promote the marketing,
distribution, consumption, or efficient production of Vidalia onions.
Any such project for the promotion and advertising of Vidalia onions may
utilize an identifying mark which shall be made available for use by all
handlers in accordance with such terms and conditions as the committee,
with the approval of the Secretary, may prescribe. The expense of such
projects shall be paid from funds collected pursuant to 955.42 or
955.45.
(b) In recommending projects pursuant to this section, the committee
shall give consideration to the following:
(1) The expected supply of Vidalia onions in relation to market
requirements;
(2) The supply situation among competing areas and commodities;
(3) The anticipated benefits from such projects in relation to their
costs;
(4) The need for marketing research with respect to any market
development activity; and
(5) Other relevant factors.
(c) If the committee should conclude that a program of research and
development should be undertaken, or continued, in any fiscal period, it
shall submit the following for the approval of the Secretary;
(1) Its recommendations as to the funds to be obtained pursuant to
955.42 or 955.45;
(2) Its recommendation as to any research projects; and
(3) Its recommendations as to promotion activity and paid
advertising.
(d) Upon conclusion of each activity, but at least annually, the
committee shall summarize and report the results of such activity to the
Secretary.
(e) All marketing promotion activity engaged in by the committee,
including paid advertising, shall be subject to the following terms and
conditions:
(1) No marketing promotion, including paid advertising, shall refer
to any private brand, private trademark or private trade name;
(2) No promotion or advertising shall disparage the quality, use,
value or sale of like or any other agricultural commodity or product,
and no false or unwarranted claims shall be made in connection with the
product; and
(3) No promotion or advertising shall be undertaken without reason to
believe that returns to producers will be improved by such activity.
07 CFR 955.50 Reports and Recordkeeping
07 CFR 955.60 Reports and recordkeeping.
Upon request of the committee, made with the approval of the
Secretary, each handler shall furnish to the committee, in such manner
and at such time as it may prescribe, such reports and other information
as may be necessary for the committee to perform its duties under this
part.
(a) Such reports may include, but are not limited to, the following:
(1) The quantities of Vidalia onions received by a handler;
(2) The quantities disposed of by the handler;
(3) The date of each such disposition; and
(4) The identification of the carrier transporting such Vidalia
onions.
(b) All such reports shall be held under appropriate protective
classification and custody by duly appointed employees of the committee,
so that the information contained therein which may adversely affect the
competitive position of any handler in relation to other handlers will
not be disclosed. Compilations of general reports from data submitted
by handlers is authorized, subject to the prohibition of disclosure of
an individual handler's identity or operations.
(c) Each handler shall maintain for at least two succeeding years
such records of the Vidalia onions received and disposed of by such
handler as may be necessary to verify reports submitted to the committee
pursuant to this section.
07 CFR 955.60 Miscellaneous Provisions
07 CFR 955.71 Termination or suspension.
(a) The Secretary may at any time terminate the provisions of this
part by giving at least one day's notice by means of a press release or
in any other manner which the Secretary may determine.
(b) The Secretary shall terminate or suspend the operations of any or
all of the provisions of this part whenever it is found that such
provisions do not tend to effectuate the declared policy of the Act.
(c) The Secretary shall terminate the provisions of this part at the
end of any fiscal period whenever it is found that such termination is
favored by a majority of producers who, during a representative period,
have been engaged in the production of Vidalia onions:
Provided, That such majority has, during such representative period,
produced for market more than fifty percent of the volume of such
Vidalia onions produced for market, but such termination shall be
effective only if announced on or before June 15 of the then current
fiscal period.
(d) Within six years of the effective date of this part, the
Secretary shall conduct a continuance referendum to ascertain whether
continuance of this part is favored by producers. Subsequent referenda
to ascertain continuance shall be conducted every six years thereafter.
(e) The provisions of this part shall, in any event, terminate
whenever the provisions of the Act authorizing them cease to be in
effect.
07 CFR 955.72 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart, the then
functioning members of the committee shall continue as joint trustees,
for the purpose of liquidating the affairs of the committee, of all
funds and property then in the possession, or under control, of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of said committee and of the trustees, to
such person as the Secretary may direct; and shall upon the request of
the Secretary, execute such assignments or other instruments necessary
or appropriate to vest in such person full title and right to all of the
funds, property, and claims vested in said committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members pursuant to
this section shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 955.73 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not:
(a) Affect or waive any right, duty, obligation, or liability which
shall have arisen or which may thereafter arise in connection with any
provision of this subpart or any regulation issued under this subpart;
(b) Release or extinguish any violation of this subpart or of any
regulations issued under this subpart; or
(c) Affect or impair any rights or remedies of the Secretary or of
any other person with respect to any such violations.
07 CFR 955.80 Compliance.
No handler shall handle Vidalia onions except in conformity with the
provisions of this part.
07 CFR 955.81 Right of the Secretary.
The members of the committee (including successors and alternates)
and any agent or employee appointed or employed by the committee shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination, or other act of
the committee shall be subject to the continuing right of the Secretary
to disapprove of the same at any time. Upon such disapproval, the
disapproved action of the committee shall be deemed null and void except
as to acts done in reliance thereon or in compliance therewith prior to
such disapproval by the Secretary.
07 CFR 955.82 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this part shall cease upon the termination of this part,
except with respect to acts done under and during the existence of this
part.
07 CFR 955.83 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the Government, or name any agency
in the United States Department of Agriculture, to act as the
Secretary's agent or representative in connection with any of the
provisions of this part.
07 CFR 955.84 Derogation.
Nothing contained in this part is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the Act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 955.85 Personal liability.
No member or alternate of the committee or any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, employee, or agent,
except for acts of dishonesty, willful misconduct, or gross negligence.
07 CFR 955.86 Separability.
If any provision of this part is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this part, or the
applicability thereof to any other person, circumstance, or thing shall
not be affected thereby.
07 CFR 955.87 Amendments.
Amendments to this part may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 955.87 Marketing Agreement
07 CFR 955.90 Counterparts.
This agreement may be executed in multiple counterparts and when one
counterpart is signed by the Secretary, all such counterparts shall
constitute, when taken together, one and the same instrument as if all
signatures were contained in one original.
07 CFR 955.91 Additional parties.
After the effective date thereof, any handler may become a party to
this agreement if a counterpart is executed by such handler and
delivered to the Secretary. This agreement shall take effect as to such
new contracting part at the time such counterpart is delivered to the
Secretary, and the benefits, privileges, and immunities conferred by
this agreement shall then be effective as to such new contracting party.
07 CFR 955.92 Order with marketing, agreement.
Each signatory hereby requests the Secretary to issue, pursuant to
the Act, an order providing for regulating the handling of Vidalia
onions in the same manner as is provided for in this agreement.
07 CFR 955.92 PART 958 -- ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON
07 CFR 955.92 Subpart -- Order Regulating Handling
Sec.
958.1 Secretary.
958.2 Act.
958.3 Person.
958.4 Production area.
958.5 Onions.
958.6 Handler.
958.7 Handle.
958.8 Grading.
958.9 Grade and size.
958.10 Producer.
958.11 Committee.
958.12 Fiscal period.
958.13 Variety or varieties.
958.14 Export.
958.15 District.
958.16 Pack.
958.17 Container.
958.20 Establishment and membership.
958.21 Procedure.
958.22 Selection.
958.23 Term of office.
958.24 Powers.
958.25 Duties.
958.26 Expenses.
958.27 Districts.
958.28 Nominations.
958.29 Failure to nominate.
958.30 Vacancies.
958.40 Expenses.
958.41 Budget.
958.42 Assessments.
958.43 Accounting.
958.44 Reserve fund.
958.45 Accounting of funds upon termination of the order.
958.46 Contributions.
958.47 Research and development.
958.50 Marketing policy.
958.51 Recommendations for regulations.
958.52 Issuance of regulations.
958.53 Handling for specified purposes.
958.54 Minimum quantities.
958.55 Notification of regulations.
958.56 Safeguards.
958.60 Inspection and certification.
958.65 Reports.
958.70 Effective time.
958.71 Termination.
958.72 Proceeding after termination.
958.73 Effect of termination or amendment.
958.81 Compliance.
958.82 Right of the Secretary.
958.83 Duration of immunities.
958.84 Agents.
958.85 Derogation.
958.86 Personal liability.
958.87 Separability.
958.88 Amendments.
958.89 Counterparts.
958.90 Additional parties.
958.91 Order with marketing agreement.
958.160 Reestablishment of Districts.
958.328 Handling regulation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 22 FR 26, Jan. 3, 1957, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 955.92 Subpart -- Order Regulating Handling
07 CFR 955.92 Definitions
07 CFR 958.1 Secretary.
Secretary means the Secretary of Agriculture of the United States or
any officer or employee of the United States Department of Agriculture
to whom authority has heretofore been delegated, or to whom authority
may hereafter be delegated, to act in his stead.
07 CFR 958.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq., 68
Stat. 906, 1047).
07 CFR 958.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 958.4 Production area.
Production area means all territory included within the boundaries of
the County of Malheur in Oregon, and all counties south and southeast of
the southern boundary of Idaho County in the State of Idaho.
07 CFR 958.5 Onions.
Onions means all varieties of Allium cepa, commonly known as onions,
grown, or which may be grown in the production area.
(41 FR 36196, Aug. 27, 1976)
07 CFR 958.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of onions owned by another person) who
handles onions.
07 CFR 958.7 Handle.
Handle is synonymous with ship and means to sell or transport onions,
or cause onions to be sold or transported, within the production area or
between the production area and any point outside thereof. Except as
otherwise provided in 958.56 and 958.65, this definition of ''handle''
shall not be applicable to onions that are transported within the
production area for grading or storing therein, or to onions that are
transported or sold to commercial dehydrators for processing by such
dehydrators into dehydrated onion products.
07 CFR 958.8 Grading.
Grading is synonymous with prepare for market and means the sorting
or separation of onions into grades and sizes for market purposes.
07 CFR 958.9 Grade and size.
Grade means any of the officially established grades of onions, and
size means any of the officially established sizes of onions, as set
forth in:
(a) The United States Standards for grades of onions (other than
Bermuda-Granex and Creole Types) ( 51.2830 to 51.2850 of this title),
or amendments thereto, or modifications thereof, or variations based
thereon; and
(b) Any other United States Standards, or State of Idaho or Oregon
Standards for onions, or amendments thereto, or modifications thereof,
or variations based thereon.
The term size also includes any of the sizes recognized by the onion
trade in the production area.
07 CFR 958.10 Producer.
Producer means any person engaged in the production of onions for
market.
07 CFR 958.11 Committee.
Committee means the Idaho-Eastern Oregon Onion Committee established
pursuant to 958.20.
07 CFR 958.12 Fiscal period.
Fiscal period means the period beginning and ending on the dates
approved by the Secretary pursuant to recommendations by the committee.
07 CFR 958.13 Variety or varieties.
Variety or varieties means and includes all classifications of onions
according to those definitive characteristics now or hereafter
recognized by the United States Department of Agriculture.
07 CFR 958.14 Export.
Export means shipment of onions beyond the boundaries of continental
United States.
07 CFR 958.15 District.
District means each of the geographical divisions of the production
area initially established or as reestablished pursuant to 958.27.
07 CFR 958.16 Pack.
Pack means a quantity of onions in any type of container and which
falls within specific weight limits or within specific grade or size
limits, or both, as may be recommended by the committee and approved by
the Secretary.
07 CFR 958.17 Container.
Container means a sack, box, bag, crate, hamper, basket, carton,
package, or any other type of receptacle used in the packaging,
transportation, sale, shipment or other handling of onions.
07 CFR 958.17 Administrative Committee
07 CFR 958.20 Establishment and membership.
(a) The Idaho-Eastern Oregon Onion Committee, consisting of six
producer members, four handler members, and one public member is hereby
established. Each shall have an alternate who shall have the same
qualifications as the member.
(b) An alternate member of the committee shall act in the place and
stead of the member for whom he is an alternate, during such member's
absence or inability to act, and shall perform other duties as assigned.
In the event of the death, removal, resignation or disqualification of
a member, his alternate shall act for him until a successor for such
member is selected and has qualified.
(22 FR 26, Jan. 3, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961,
and amended at 47 FR 8000, Feb. 24, 1982)
07 CFR 958.21 Procedure.
(a) Seven members of the committee shall be necessary to constitute a
quorum and seven concurring votes shall be required to pass any motion
or approve any committee action.
(b) The committee may provide for voting by telephone, telegraph, or
other means of communication and any such vote shall be confirmed
promptly in writing: Provided, That if an assembled meeting is held,
all votes shall be cast in person.
07 CFR 958.22 Selection.
The Secretary shall select committee members and alternates from the
nominee lists submitted pursuant to this part or from among other
eligible persons.
(a) Each person selected as a committee member or alternate to
represent producers shall be an individual who is a producer, or an
officer or employee of a producer, in the district for which selected.
(b) Each person selected as a committee member or alternate to
represent handlers shall be an individual who is a handler, or an
officer or employee of a handler in the portion of the production area
for which selected.
(c) The Secretary shall select one producer member of the committee,
and alternate, from each of the districts established, or reestablished,
pursuant to 958.27. The Secretary shall also select one handler member
of the committee, and his alternate, from the Idaho portion of the
production area and one member and his alternate from Malheur County,
Oregon, and two handler members, and their respective alternates, from
the production area-at-large.
(d) Each person selected by the Secretary as a committee member or
alternate shall qualify by filing a written acceptance promptly with the
Secretary.
(e) The public member shall be a resident of the production area and
have no direct financial interest in the commercial production,
financing, buying, packing or marketing of onions except as a consumer
nor be a director, officer or employee of any firm so engaged.
(22 FR 26, Jan. 3, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961,
and amended at 47 FR 8000, Feb. 24, 1982)
07 CFR 958.23 Term of office.
(a) The term of office of committee members and alternates shall be
for two years beginning on the first day of June and continuing through
May 31. The terms of office of members and alternates shall be so
determined that one-half of the total committee membership shall
terminate each May 31.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof beginning on the date on which they qualify during the
current term of office and continuing until the end thereof, and until
their successors are selected and have qualified.
07 CFR 958.24 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violations of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 958.25 Duties.
It shall be the duty of the committee:
(a) At the beginning of each fiscal period, or as soon thereafter as
practicable, to meet and organize, to select a chairman and such other
officers as may be necessary, to select subcommittees of committee
members, and to adopt such rules and regulations for the conduct of its
business as it may deem advisable;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary and to determine the salaries and define the duties of
each such person;
(e) To investigate from time to time and to assemble data on the
growing, harvesting, shipping and marketing conditions with respect to
onions and to engage in such research and service activity which relate
to the production, handling or marketing of onions as may be approved by
the Secretary;
(f) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books, and
records shall be subject to examination at any time by the Secretary or
his authorized agent or representative;
(g) To make available to producers and handlers the committee voting
record on recommended regulations and on other matters of policy;
(h) Prior to each fiscal period, to submit to the Secretary a budget
of its proposed expenses for such fiscal period, together with a report
thereon;
(i) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal period, and at such other time as
the committee may deem necessary or as the Secretary may request; and
the report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part; a copy of each such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of the committee for inspection by
producers and handlers; and
(j) To consult, cooperate, and exchange information, with other onion
marketing committees and other individuals or agencies in connection
with all proper committee activities and objectives under this subpart;
and
(k) To recommend nominees for the public member and alternate.
(22 FR 26, Jan. 3, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961,
and amended at 41 FR 36196, Aug. 27, 1976; 47 FR 8000, Feb. 24, 1982)
07 CFR 958.26 Expenses.
Committee members and alternates when acting on committee business
shall be reimbursed for reasonable expenses necessarily incurred by them
in the performance of their duties and in the exercise of their powers
under this part. However, at its discretion the committee may request
the attendance of alternates at any or all meetings notwithstanding the
expected or actual presence of the respective members.
(41 FR 36196, Aug. 27, 1976)
07 CFR 958.27 Districts.
(a) For the purpose of selecting committee members, the following
districts of the production area are hereby initially established:
District No. 1 (Emmett, Payette, Weiser Area): All territory within
the boundaries of Washington, Payette and Gem Counties, in Idaho.
District No. 2 (Oregon Slope): All territory within a boundary
following the Snake River northwesterly from its junction with the
Malheur River, to the west line of Range 46E; thence south along said
west line to the south line of Township 17S, and thence east along said
south line to its junction with the Malheur River, and thence
northeasterly along the Malheur River to the junction with the Snake
River, the point of beginning.
District No. 3 (Ontario, Vale, Jamieson, Brogan): All territory
within a boundary starting at the junction of the Malheur River with the
Snake River and extending southwestward along the Malheur River to its
junction with the south line of Township 17S, E. W. M.; thence westward
along this line to its junction with the west line of Range 46E; thence
north along this line to its junction with the Snake River; thence
northwest along the Snake River to its junction with the north boundary
of Malheur County; thence west along the north boundary of Malheur
County to the west boundary of the county; thence south along the west
boundary of Malheur County to its intersection with the south line of
Township 20S; thence east along this line to its junction with the
Hyline Canal and Siphon; thence northeast along the Hyline Canal to its
intersection with Highway 20; thence east along Highway 20 to Cairo
Junction; thence south 1/8 mile to the junction of Highway 20 to Oregon
Avenue; thence east along Oregon Avenue to its termination at the Snake
River; thence north along the Snake River to its junction with the
Malheur River, the point of beginning.
District No. 4 (Nyssa-Adrian): All the area of Malheur County,
Oregon, south of District No. 3.
District No. 5 (Parma, Wilder, Nampa, and Notus Area): Canyon
County, Idaho.
District No. 6 (Homedale, Marsing, Meredian, Melba, Mountain Home,
Glenns Ferry and Twin Falls Area): All counties in the Idaho portion of
the production area not included within Districts Nos. 1 and 5.
(b) The Secretary, upon the recommendation of the committee, may
reestablish districts within the production area and may reapportion
committee membership among the various districts: Provided, That in
recommending any such changes in districts or representation, the
committee shall give consideration to: (1) The relative importance of
new producing sections; (2) changes in the relative position of
existing districts with respect to onion production; (3) the geographic
location of areas of production as they would affect the efficiency of
administering this part; (4) other relevant factors: Provided,
further, That there shall be no change in the total number of committee
members or in the total number of districts.
07 CFR 958.28 Nominations.
Nominations from which the Secretary may select the members of the
Idaho-Eastern Oregon Onion Committee and their respective alternates may
be made in the following manner:
(a) The committee shall hold or cause to be held prior to April 1 of
each year, after the effective date of this subpart, one or more
meetings of producers and of handlers in each of the districts, or
portions of the production area, in which the then current terms of
office will expire the following May 31;
(b) In arranging for such meetings the committee may, if it deems
desirable, cooperate with existing organizations and agencies and may
combine its meetings with others;
(c) Nominations for committee members and alternate members shall be
supplied to the Secretary, in such manner and form as he may prescribe,
not later than 30 days prior to the end of each fiscal period;
(d) Only producers may participate in designating nominees for
producer committee members and their alternates and only handlers may
participate in designating nominees for handler committee members and
their alternates;
(e) Each person who is both a handler and a producer may vote either
as a handler or as a producer and may select the group in which he will
vote;
(f) Regardless of the number of districts in which a person produces
or handles onions, each such person is entitled to cast only one vote on
behalf of himself, his partners, agents, subsidiaries, affiliates and
representatives, in designating nominees for committee members and
alternates. In the event a person is a producer engaged in producing
onions in more than one district, such person shall select the district
within which he may participate as aforesaid in designating nominees.
Similarly, a person who is a handler both in Malheur County, Oregon, and
in the Idaho portion of the production area, may select either Malheur
County or the Idaho portion of the production area in which to cast his
vote for the applicable committee handler member and alternate. Each
such handler shall also be entitled to cast his vote for the committee
member and alternate to represent the production area-at-large. An
eligible voter's privilege of casting only one vote, as aforesaid, shall
be construed to permit such voter to cast one vote for each member and
alternate position to be filled in the respective district or portion of
the production area, as the case may be, in which he elects to vote;
and
(g) The producer and handler members of the committee shall nominate
the public member and alternate. The committee shall prescribe such
additional qualifications, administrative rules and procedures for
selection and voting for each candidate as it deems necessary and as the
Secretary approves.
(22 FR 26, Jan. 3, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961,
and amended at 47 FR 8000, Feb. 24, 1982)
07 CFR 958.29 Failure to nominate.
If nominations are not made within the time and in the manner
specified by the Secretary pursuant to 958.28, the Secretary may,
without regard to nominations, select the committee members and
alternates on the basis of the representation provided for in this
subpart.
07 CFR 958.30 Vacancies.
To fill any vacancy occasioned by the failure of any person, selected
as a committee member or alternate, to qualify, or in the event of the
death, removal, resignation, or disqualification of any qualified member
or alternate, a successor for his unexpired term may be selected by the
Secretary from nominations made in the manner specified in 958.28, or
the Secretary may select such committee member or alternate from
previously unselected nominees on the current nominee list from the
district or portion of the production area, as the case may be, that is
involved, or from other eligible persons. If the names of nominees to
fill any such vacancy are not made available to the Secretary within 30
days after such vacancy occurs, the Secretary may fill such vacancy
without regard to nominations, which selection shall be made on the
basis of the representation provided for in this subpart.
07 CFR 958.30 Expenses and Assessments
07 CFR 958.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
may find are reasonable and likely to be incurred by it during each
fiscal period for its maintenance and functioning, and for such purposes
as the Secretary, pursuant to this subpart, determines to be
appropriate. Handlers shall share expenses upon the basis of a fiscal
period. Each handler's share of such expenses shall be proportionate to
the ratio between the total quantity of such handler's onion shipments
inspected pursuant to this part that are handled by him as the first
handler thereof during a fiscal period, and the total quantity of such
onions handled by all handlers as first handlers thereof during the same
period.
07 CFR 958.41 Budget.
Prior to each fiscal period, and as may be necessary thereafter the
committee shall prepare a budget of estimated income and expenditures
necessary for the administration of this part. The committee shall
recommend to the Secretary a rate of assessment calculated to provide
adequate funds to defray its proposed expenditures. The committee shall
present such budget promptly to the Secretary with an accompanying
report thereon showing the basis for its calculations and recommended
rate.
(22 FR 26, Jan. 3, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961,
and amended at 41 FR 36196, Aug. 27, 1976)
07 CFR 958.42 Assessments.
(a) The funds to cover the committee's expenses pursuant to 958.40
shall be acquired by the levying of assessments upon handlers as
provided in this subpart. Each handler who handles onions as the first
handler thereof which are inspected pursuant to this part shall pay
assessments to the committee upon demand, which assessments shall be in
payment of such handler's pro rata share of such expenses.
(b) Assessments shall be levied upon handlers at rates established by
the Secretary. Such rates may be established upon the basis of the
committee's recommendations or other available information.
(c) At any time during or subsequent to a given fiscal period, the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendation, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all onion shipments inspected pursuant
to this part during such fiscal period.
07 CFR 958.43 Accounting.
(a) All funds received by the committee pursuant to the provisions of
this part shall be used solely for the purposes specified in this part.
(b) The Secretary may at any time require the committee, its members
and alternates, employees, agents, and all other persons to account for
all receipts and disbursements, funds, property, or records for which
they are responsible. Whenever any person ceases to be a member or
alternate of the committee, he shall account for all receipts,
disbursements, funds, and property (including, but not being limited to,
books and other records) pertaining to the committee's activities for
which he is responsible, and deliver all such property and funds in his
hands to such successor, agency, or person as may be designated by the
Secretary, and shall execute such assignments and other instruments as
may be necessary or appropriate to vest in each such successor, agency,
or person as may be designated by the Secretary the right to all of such
property and funds and all claims vested in such person.
(c) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person, to act as a trustee
for holding records, funds, and any other committee property during
periods of suspension of this part, or during any periods when
regulations are not in effect; and, if the Secretary determines such
action appropriate, he may direct that such person or persons shall so
act as trustee or trustees.
07 CFR 958.44 Reserve fund.
At the end of each fiscal period, funds in excess of the committee's
expenses may be placed in an operating reserve not to exceed
approximately 1 fiscal year's operational expenses or such lower limits
as the committee, with the approval of the Secretary, may establish.
Also, the committee, with the approval of the Secretary, may include in
its budget an item for such reserve. Funds in the reserve shall be
available for use by the committee for expenses authorized pursuant to
958.40. Funds in excess of those placed in the operating reserve shall
be refunded to handlers. Each handler's share of such excess shall be
the amount he paid in excess of his pro rata share of the expenses of
the committee.
(32 FR 11261, Aug. 3, 1967)
07 CFR 958.45 Accounting of funds upon termination of the order.
Any funds collected as assessments pursuant to this subpart and
remaining unexpended in the possession of the committee after
termination of this part shall be distributed in such manner as the
Secretary may direct: Provided, That to the extent practical, such
funds shall be returned pro rata to the persons from whom such funds
were collected.
(32 FR 11262, Aug. 3, 1967)
07 CFR 958.46 Contributions.
The committee may accept voluntary contributions but these shall only
be used to pay expenses incurred pursuant to 958.47. Furthermore, such
contributions shall be free from any encumbrances by the donor and the
committee shall retain complete control of their use.
(41 FR 36196, Aug. 27, 1976)
07 CFR 958.46 Research and Development
07 CFR 958.47 Research and development.
(a) The committee with the approval of the Secretary, may establish
or provide for the establishment of projects involving production
research, marketing research and development projects, and marketing
promotion including paid advertising, designed to assist, improve, or
promote the marketing, distribution, consumption or efficient production
of onions. Any such project for the promotion and advertising of onions
may utilize an identifying mark which shall be made available for use by
all handlers in accordance with such terms and conditions as the
committee, with the approval of the Secretary, may prescribe. The
expenses of such projects shall be paid from funds collected pursuant to
958.42 or 958.46.
(b) In recommending projects pursuant to this section the committee
shall give consideration to the following:
(1) The expected supply of onions in relation to market requirements;
(2) The supply situation among competing areas and commodities;
(3) The anticipated benefits from such projects in relation to their
costs;
(4) The need for marketing research with respect to any market
development activity; and
(5) The need for a coordinated effort with USDA's Food Marketing
Alert or other similar programs.
(c) If the committee should conclude that a program of research or
development should be undertaken, or continued, in any crop year, it
shall submit the following for the approval of the Secretary:
(1) Its recommendations as to the funds to be obtained pursuant to
958.42 or 958.46;
(2) Its recommendation as to any research projects; and
(3) Its recommendation as to promotion activity and paid advertising.
(d) Upon conclusion of each activity, but at least annually, the
committee shall summarize and report the results of such activity to its
members and to the Secretary.
(41 FR 36196, Aug. 27, 1976)
07 CFR 958.47 Regulation
07 CFR 958.50 Marketing policy.
(a) Preparation. Prior to each marketing season the committee shall
consider and prepare a proposed policy for the marketing of onions. In
developing its marketing policy the committee shall investigate relevant
supply and demand conditions for onions. In such investigations the
committee shall give appropriate consideration to the following:
(1) Market prices for onions, including prices by variety, grade,
size, and quality, and by different packs;
(2) Supply of onions by grade, size, quality, and variety in the
production area and in other onion producing sections;
(3) The trend and level of consumer income;
(4) Establishing and maintaining orderly marketing conditions for
onions;
(5) Orderly marketing of onions as will be in the public interest;
and
(6) Other relevant factors.
(b) Reports. (1) The committee shall submit a report to the
Secretary setting forth the aforesaid marketing policy; and the
committee shall notify producers and handlers of the contents of such
report.
(2) In the event it becomes advisable to shift from such marketing
policy because of changed supply and demand conditions, the committee
shall prepare an amended or revised marketing policy in accordance with
the manner previously outlined. The committee shall submit a report
thereon to the Secretary and notify producers and handlers of the
contents of such report on the revised or amended marketing policy.
07 CFR 958.51 Recommendations for regulations.
The committee shall recommend regulations to the Secretary whenever
it finds that such regulations as provided in 958.52 will tend to
effectuate the declared policy of the act. The committee also may
recommend modification, suspension, or termination of any regulation, or
amendments thereto, in order to facilitate the handling of onions for
the purposes authorized in 958.53. The committee may also recommend
amendment, modification, termination, or suspension of any regulation
issued under this part.
07 CFR 958.52 Issuance of regulations.
(a) Except as otherwise provided in this part, the Secretary shall
limit the shipment of onions by any one or more of the methods
hereinafter set forth whenever he finds from the recommendations and
information submitted by the committee, or from other available
information, that such regulation would tend to effectuate the declared
policy of the act. Such limitation may:
(1) Regulate in any or all portions of the production area, the
handling of particular grades, sizes, or qualities of any or all
varieties of onions, or combinations thereof, during any period or
periods;
(2) Regulate the handling of particular grades, sizes, or qualities,
of onions differently, for different varieties, for different portions
of the production area, for different packs, or for any combination of
the foregoing, during any period or periods;
(3) Provide a method, through rules and regulations issued pursuant
to this part, for fixing the size, capacity, weight, dimensions, or pack
of the container, or containers, which may be used in the packaging or
handling of onions, including appropriate container markings to identify
the contents thereof;
(4) Regulate the handling of onions by establishing, in terms of
grades, sizes, or both, minimum standards of quality and maturity; or
(5) Limit the shipment of the total quantity of onions by prohibiting
the handling thereof during a specified period or periods. No
regulation issued pursuant to this subparagraph shall be effective for
more than 96 consecutive hours: Provided, That not less than 72
consecutive hours shall elapse between the termination of any such
period of prohibition and the beginning of the next such period.
(6) Regulate the handling of onions by establishing, in terms of
total weight or total number of layers of containers of onions, the
maximum load in railcars, taking into account types of containers and
sizes of railcars used, potential resulting damage, and other relevant
factors.
(b) In the event the handling of onions is regulated pursuant to
paragraph (a)(5) of this section, no handler shall handle any onions
which were prepared for market or loaded during the effective period of
such regulation. However, during any such period, no such regulation
shall be deemed to limit the right of any person to sell or contract to
sell onions for future shipment or delivery.
(c) The Secretary may amend any regulation issued under this part
whenever he finds that such amendment would tend to effectuate the
declared policy of the act. The Secretary may also terminate or suspend
any regulation or amendment thereof whenever he finds that such
regulation or amendment obstructs or no longer tends to effectuate the
declared policy of the act.
(22 FR 26, Jan. 3, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961,
and amended at 32 FR 11262, Aug. 3, 1967; 47 FR 8000, Feb. 24, 1982)
07 CFR 958.53 Handling for specified purposes.
Upon the basis of recommendations and information submitted by the
committee, or other available information, the Secretary shall issue
special regulations, or modify, suspend, or terminate requirements in
effect pursuant to 958.42, 958.52, 958.60, or any combination thereof,
in order to facilitate the handling of onions for the following purposes
whenever he finds that to do so will tend to effectuate the declared
policy of the act:
(a) Shipments of onions for export;
(b) Shipments of onions for relief or to charitable institutions;
(c) Shipments of onions for livestock feed;
(d) Shipments of onions for planting; and
(e) Shipments of onions for other purposes which may be specified.
07 CFR 958.54 Minimum quantities.
The committee, with the approval of the Secretary, may establish
minimum quantities below which onion shipments will be free from the
requirements in, or pursuant to, 958.42, 958.52, 958.53, 958.60, or
any combination thereof.
07 CFR 958.55 Notification of regulations.
The Secretary shall notify the committee of each regulation issued,
and of each amendment, modification, suspension, or termination thereof.
The committee shall give reasonable notice thereof to handlers.
07 CFR 958.56 Safeguards.
(a) The committee, with the approval of the Secretary, may prescribe
adequate safeguards to prevent onions shipped,
(1) Pursuant to 958.53 or 958.54; or
(2) To commercial dehydrators for processing by such dehydrators into
dehydrated onion products,
from entering channels of trade for other than the purpose authorized
therefor.
(b) The committee, with the approval of the Secretary, may also
prescribe rules and regulations governing the issuance, and the
contents, of Certificates of Privilege if such certificates are
prescribed as safeguards by the committee. Such safeguards may include
requirements that:
(1) Handlers shall first file applications with the committee to ship
such onions;
(2) Handlers shall obtain inspection provided by 958.60, or pay the
pro rata share of expenses provided by 958.42, or both, in connection
with such onions; and
(3) Handlers shall obtain Certificates of Privilege from the
committee prior to effecting the particular onion shipment.
(c) The committee may rescind any Certificate of Privilege, or refuse
to issue any Certificate of Privilege to any handler if proof is
obtained that onions shipped by him for the purposes stated in the
Certificate of Privilege were handled contrary to the provisions of this
part.
(d) The Secretary shall have the right to modify, change, alter, or
rescind any safeguards prescribed and any certificates issued by the
committee pursuant to the provisions of this section.
(e) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of onions covered by such applications, the number of such applications
denied and certificates granted, the quantity of onions handled under
duly issued certificates, and such other information as may be
requested.
07 CFR 958.56 Inspection
07 CFR 958.60 Inspection and certification.
(a) During any period in which shipments of onions are regulated
pursuant to this subpart, no handler shall handle onions unless such
onions are inspected by an authorized representative of the
Federal-State Inspection Service, or such other inspection service as
the Secretary shall designate and are covered by a valid inspection
certificate, except when relieved from such requirements pursuant to
958.53, 958.54, or both.
(b) Regarding, resorting, or repacking any lot of onions shall
invalidate prior inspection certificates insofar as the requirements of
this section are concerned. No handler shall ship onions after they
have been regarded, resorted, repacked or in any other way further
prepared for market, unless such onions are inspected by an authorized
representative of the Federal-State Inspection Service, or such other
inspection service as the Secretary shall designate.
(c) Upon recommendation of the committee, and approval of the
Secretary, all onions that are required to be inspected and certified in
accordance with this section, shall be identified by appropriate seals,
stamps, tags, or other identification to be furnished by the committee
and affixed to the containers by the handler under the direction and
supervision of the Federal-State, or Federal inspector, or the
committee. Master containers may bear the identification instead of the
individual containers within said master container.
(d) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(e) When onions are inspected in accordance with the requirements of
this section, a copy of each inspection certificate issued shall be made
available to the committee by the inspection service.
07 CFR 958.60 Reports
07 CFR 958.65 Reports.
Upon request of the committee, made with the approval of the
Secretary, each handler shall furnish to the committee, in such manner
and at such time as it may prescribe, such reports and other information
as may be necessary for the committee to perform its duties under this
part.
(a) Such reports may include, but are not necessarily limited to, the
following: (1) The quantities of onions received by a handler; (2) the
quantities disposed of by him, segregated as to the respective
quantities subject to regulation and not subject to regulation; (3) the
date of each such disposition and the identification of the carrier
transporting such onions; and (4) identification of the inspection
certificates relating to the onions which were handled pursuant to
958.53 and 958.54.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employees
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to the prohibition of
disclosure of individual handler's identities or operations.
(c) Each handler shall maintain for at least two succeeding years
such records of the onions received, and of onions disposed of, by such
handler as may be necessary to verify the reports he submits to the
committee pursuant to this section.
07 CFR 958.65 Effective Time and Termination
07 CFR 958.70 Effective time.
The provisions of this subpart, or any amendment thereto, shall
become effective at such time as the Secretary may declare and shall
continue in force until terminated in one of the ways specified in this
subpart.
07 CFR 958.71 Termination.
(a) The Secretary may at any time terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operations of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers who, during a representative period,
have been engaged in the production for market of onions: Provided,
That such majority has, during such representative period, produced for
market more than fifty percent of the volume of such onions produced for
market, but such termination shall be effective only if announced on or
before May 31 of the then current fiscal period.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 958.72 Proceeding after termination.
(a) Upon the termination of the provisions of this subpart, the then
functioning members of the committee shall continue as joint trustees,
for the purpose of liquidating the affairs of the committee, of all the
funds and property then in the possession, or under control, of the
committee, including claims for any funds unpaid and property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall, upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such person full title and right to all of the
funds, property, and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 958.73 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendment to either thereof, shall not (a) affect or
waive any right, duty, obligation, or liability which shall have arisen
or which may thereafter arise in connection with any provision of this
subpart or of any regulation issued under this subpart; (b) release or
extinguish any violation of this subpart or of any regulations issued
under this subpart; or (c) affect or impair any rights or remedies of
the Secretary or of any other person with respect to any such
violations.
07 CFR 958.73 Miscellaneous Provisions
07 CFR 958.81 Compliance.
No handler shall handle onions the handling of which has been
prohibited or otherwise limited by the Secretary in accordance with
provisions of this part; and no handler shall handle onions except in
conformity to the provisions of this part.
07 CFR 958.82 Right of the Secretary.
The members of the committee (including successors and alternates)
and any agent or employee appointed or employed by the committee shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination, or other act of
the committee shall be subject to the continuing right of the Secretary
to disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 958.83 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 958.84 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the Government, or name any agency
in the United States Department of Agriculture, to act as his agent or
representative in connection with any of the provisions of this part.
07 CFR 958.85 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 958.86 Personal liability.
No member or alternate of the committee nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, employee, or agent,
except for acts of dishonesty, wilful misconduct, or gross negligence.
07 CFR 958.87 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing, shall
not be affected thereby.
07 CFR 958.88 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 958.89 Counterparts.
This agreement may be executed in multiple counterparts and when one
counterpart is signed by the Secretary, all such counterparts shall
constitute, when taken together, one and the same instrument as if all
signatures were contained in one original.
(41 FR 29135, July 15, 1976)
07 CFR 958.90 Additional parties.
After the effective date hereof, any handler may become a party to
this agreement if a counterpart is executed by him and delivered to the
Secretary. This agreement shall take effect as to such new contracting
party at the time such counterpart is delivered to the Secretary, and
the benefits, privileges, and immunities conferred by this agreement
shall then be effective as to such new contracting party.
(41 FR 29135, July 15, 1976)
07 CFR 958.91 Order with marketing agreement.
Each signatory handler requests the Secretary to issue, pursuant to
the act, an order providing for regulating the handling of onions in the
same manner as is provided for in this agreement.
The undersigned hereby authorizes the Director, or Acting Director,
Fruit and Vegetable Division, Agricultural Marketing Service, United
States Department of Agriculture, to correct any typographical errors
which may have been made in this marketing agreement.
In witness whereof, the contracting parties, acting under the
provisions of the act, for the purpose and subject to the limitations
therein contained, and not otherwise, have hereto set their respective
signatures and seals.
--------------------
(Firm name)
By:
(Signature)1
(Mailing address)
(Title)
(Corporate Seal; if none, so state)
(Date of execution)
1If one of the contracting parties to this agreement is a corporation
my signature constitutes certification that I have the power granted to
me by the Board of Directors to bind this corporation to the marketing
agreement.
(41 FR 29136, July 15, 1976)
07 CFR 958.160 Reestablishment of Districts.
(a) Pursuant to 958.27(b) the following districts are reestablished:
(1) District No. 5 (Parma-Wilder area): That portion of Canyon
County lying west and north of a line commencing at the junction of the
north boundary of Canyon County and Range 4, Township 12 east, thence
south along this line to Soeck Road, thence west along Soeck Road
one-fourth mile to Notus Road, thence south along Notus Road to Highway
19, thence west one mile along Highway 19 to Friends Road, thence south
along Friends Road to Boundary Road, thence east one-half mile along
Boundary Road to Plum Road, thence south along Plum Road to Homedale
Road, thence west along Homedale Road to the western boundary of Canyon
County.
(2) District No. 6 (Caldwell-Nampa-Homedale and southern Idaho
area): That portion of Canyon County not included in District No. 5
plus all of the counties in the Idaho portion of the production area not
included within District No. 1.
(b) Terms used in this section have the same meaning as when used in
said marketing agreement and this part.
(39 FR 1601, Jan. 11, 1974)
07 CFR 958.328 Handling regulation.
No person shall handle any lot of onions, except braided red onions,
unless such onions are at least ''moderately cured,'' as defined in
paragraph (h) of this section, and meet the requirements of paragraphs
(a), (b), and (c) of this section, or unless such onions are handled in
accordance with paragraphs (d), (e) and (f) or (g) of this section.
(a) Grade and size requirements -- (1) White varieties. Shall be
either:
(i) U.S. No. 2 or U.S. Commercial, 1 inch minimum to 2 inches maximum
diameter; or
(ii) U.S. No. 2 or U.S. Commercial, if not more than 30 percent of
the lot is comprised of onions of U.S. No. 1 quality, and at least 1 1/2
inches minimum diameter; or
(iii) U.S. No. 1, at least 1 1/2 inches minimum diameter.
However, none of these three categories of onions may be commingled
in the same bag or other container.
(2) Red varieties. U.S. No. 2 or better grade, at least 1 1/2 inches
minimum diameter.
(3) All other varieties. Shall be either:
(i) U.S. No. 2 or U.S. Commercial grade, at least 3 inches minimum
diameter, if not more than 30 percent of the lot is comprised of onions
of U.S. No. 1 quality; or
(ii) U.S. No. 1, 1 1/2 inches minimum to 2 1/2 inches maximum
diameter; or
(iii) U.S. No. 1, at least 2 1/4 inches minimum diameter.
However, none of these three categories of onions may be commingled
in the same bag or other container.
(b) Pack. Onions packed as U.S. Commercial grade shall have the
grade marked permanently and conspicuously on the container.
(c) Inspection. No handler may handle any onions regulated hereunder
unless such onions are inspected by the Federal-State Inspection Service
and are covered by a valid applicable inspection certificate, except
when relieved of such requirement pursuant to paragraph (d), (e) or (g)
of this section.
(d) Onions for peeling, chopping or slicing. Onions that have been
inspected and certified as meeting the requirements of paragraphs (a)
and (b) of this section and that are subsequently peeled, chopped, or
sliced for fresh market within the production area may be handled
without reinspection. Each handler making shipments of onions for such
purposes shall provide the committee with a copy of the original
inspection certificate verifying that minimum marketing order
requirements have been met. Such handlers shall also document on forms
provided by the committee, in quadruplicate, the intended use and
destination of the onions, referencing the inspection certificate
number. Two copies of such forms shall be sent on shipment to the
handler altering the onions destined for fresh market, and one copy will
be mailed to the committee. Upon receipt, the handler responsible for
altering such onions will document the weight of the finished product
and promptly return one signed copy to the committee. Handlers who
peel, chop or slice onions grown outside the production area shall
provide the committee with acceptable documentation that the onions so
prepared were produced outside the production area.
(e) Special purpose shipments. The minimum grade, size, maturity,
assessment and inspection requirements of this section shall not be
applicable to shipments of pearl onions or onions for any of the
following purposes: (1) planting, (2) livestock feed, (3) charity, (4)
dehydration, (5) canning, (6) freezing, (7) extraction, and (8)
pickling.
(f) Safeguards. Each handler making shipments of pearl onions or
onions for dehydration, planting, canning, freezing, extraction or
pickling pursuant to paragraph (e) of this section shall:
(1) First apply to the committee for and obtain a Certificate of
Privilege to make such shipments;
(2) Prepare, on forms furnished by the committee, a report in
quadruplicate on each individual shipment to such outlets authorized in
paragraph (c) of this section; except that shipments of pearl onions
shall be reported to the committee on a monthly basis on forms furnished
by the committee;
(3) Bill or consign each shipment directly to the applicable
processor; and
(4) Forward one copy of such report to the committee office and two
copies to the processor for signing and returning one copy to the
committee office. Failure of the handler or processor to report such
shipments by promptly signing and returning the applicable report to the
committee office may be cause for cancellation of such handler's
Certificate of Privilege and/or the processor's eligibility to receive
further shipments pursuant to such Certificate of Privilege. Upon
cancellation of any such Certificate of Privilege the handler may appeal
to the committee for reconsideration.
(g) Minimum quantity exemption. Each handler may ship up to, but not
to exceed, one ton of onions each day without regard to the inspection
and assessment requirements of this part, if such onions meet minimum
grade, size and maturity requirements of this section. This exception
shall not apply to any portion of a shipment that exceeds one ton of
onions.
(h) Definitions. The terms U.S. No. 1, U.S. Commercial, and U.S.
No. 2 have the same meaning as defined in the United States Standards
for Grades of Onions (Other than Bermuda-Granex-Grano and Creole Type),
as amended (7 CFR 51.2830-2854), or the United States Standards for
Grades of Bermuda-Granex-Grano Type Onions (7 CFR 51.3195-51.3209),
whichever is applicable to the particular variety, or variations thereof
specified in this section. The term braided red onions means onions of
red varieties with tops braided (interlaced). Pearl onions means onions
produced using specific cultural practices that limit growth to the same
general size as boilers and picklers, measuring 1 3/4 inches in diameter
or less. The term moderately cured means the onions are mature and are
more nearly well cured than fairly well cured. Other terms used in this
section have the same meaning as when used in Marketing Agreement No.
130 and this part.
Pearl onions means onions produced using specific cultural practices
that limit growth to the same general size as boilers and picklers,
usually less than 1 1/2 inches in diameter.
(i) Applicability to imports. Pursuant to section 8e of the act and
980.117, ''Import regulations; onions'' (43 FR 5499); onions imported
during the effective period of this section shall meet the grade, size,
quality and maturity requirements specified in the introductory
paragraph and paragraph (a) of this section.
(47 FR 32913, July 30, 1982, as amended at 49 FR 31257, Aug. 6, 1984;
50 FR 50157, Dec. 9, 1985; 53 FR 32597, Aug. 26, 1988; 55 FR 31036,
July 31, 1990; 55 FR 36601, Sept. 6, 1990; 56 FR 10359, Mar. 12,
1991)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 958.328 PART 959 -- ONIONS GROWN IN SOUTH TEXAS
07 CFR 958.328 Subpart -- Order Regulating Handling
Sec.
959.1 Secretary.
959.2 Act.
959.3 Person.
959.4 Production area.
959.5 Onions.
959.6 Handler.
959.7 Handle.
959.8 Registered handler.
959.9 Producer.
959.10 Grading.
959.11 Grade and size.
959.12 Pack.
959.13 Container.
959.14 Varieties.
959.15 Committee.
959.16 Fiscal period.
959.17 District.
959.18 Export.
959.22 Establishment and membership.
959.23 Term of office.
959.24 Districts.
959.25 Redistricting.
959.26 Selection.
959.27 Nomination.
959.28 Failure to nominate.
959.29 Acceptance.
959.30 Vacancies.
959.31 Alternate members.
959.32 Procedure.
959.33 Expenses and compensation.
959.34 Powers.
959.35 Duties.
959.40 Expenses.
959.41 Budget.
959.42 Assessments.
959.43 Accounting.
959.48 Research and development.
959.50 Marketing policy.
959.51 Recommendations for regulations.
959.52 Issuance of regulations.
959.53 Handling for special purposes.
959.54 Safeguards.
959.55 Notification of regulation.
959.60 Inspection and certification.
959.80 Reports.
959.81 Compliance.
959.82 Right of the Secretary.
959.83 Effective time.
959.84 Termination.
959.85 Proceeding after termination.
959.86 Effect of termination or amendments.
959.87 Duration of immunities.
959.88 Agents.
959.89 Derogation.
959.90 Personal liability.
959.91 Separability.
959.92 Amendments.
07 CFR 958.328 Subpart -- Rules and Regulations
959.100 Order.
959.101 Terms.
959.102 Communications.
959.103 Registered handler.
959.104 Fiscal period.
959.110 Reestablishment of districts.
959.111 Reapportionment of Committee membership.
959.115 Planting reports.
959.120 Policy.
959.121 Qualification.
959.122 Application.
959.123 Approval.
959.124 Reports.
959.125 Disqualification.
959.126 Handling of culls.
959.322 Handling regulation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 958.328 Subpart -- Order Regulating Handling
Source: 26 FR 704, Jan. 25, 1961, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 958.328 Definitions
07 CFR 959.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department to whom authority has
heretofore been delegated, or to whom authority may be hereafter
delegated, to act in his stead.
07 CFR 959.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674).
07 CFR 959.3 Person.
Person means an individual, partnership, corporation, association or
any other business unit.
07 CFR 959.4 Production area.
Production area means the counties of Val Verde, Kinney, Uvalde,
Medina, Wilson, Karnes, Goliad, Victoria, Calhoun, Maverick, Zavala,
Frio, Atascosa, Dimmit, La Salle, McMullen, Live Oak, Bee, Refugio,
Webb, Duval, Jim Wells, San Patricio, Nueces, Zapata, Jim Hogg, Brooks,
Kleberg, Kenedy, Starr, De Witt, Aransas, Hidalgo, Willacy, and Cameron,
in the State of Texas.
07 CFR 959.5 Onions.
Onions means all varieties of Allium cepa commonly known as onions
grown within the production area and marketed dry.
07 CFR 959.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of onions owned by another person) who
handles onions or causes onions to be handled.
07 CFR 959.7 Handle.
Handle or ship means to package, load, sell, transport, or in any way
to place onions in the current of the commerce within the production
area or between the production area and any point outside thereof. Such
term shall not include the transportation, sale, or delivery of
field-run onions to a person in the production area who is a registered
handler.
(27 FR 227, Mar. 9, 1962, as amended at 34 FR 6440, Apr. 12, 1969)
07 CFR 959.8 Registered handler.
Registered handler means any person with adequate facilities within
the production area for preparing onions for commercial market, who
customarily does so, and who is so recorded by the committee, or any
person who has access to such facilities within the production area, and
has recorded with the committee his ability and willingness to assume
customary obligations of preparing onions for commercial market.
07 CFR 959.9 Producer.
Producer means any person engaged in a proprietary capacity in the
production of onions for market.
07 CFR 959.10 Grading.
Grading is synonymous with preparation for market and means the
sorting or separation of onions into grades, sizes, and packs for market
purposes.
07 CFR 959.11 Grade and size.
Grade means any of the established grades of onions, and size means
any of the established sizes of onions as defined and set forth in the
United States Standards for Bermuda-Granex Type Onions ( 51.3195 to
51.3209 of this title) or any other United States Standards for onions,
or amendments thereto or modifications thereof, or variations based
thereon, recommended by the committee and approved by the Secretary.
07 CFR 959.12 Pack.
Pack means a quantity of onions specified by grade, size, weight, or
count, or by type or condition of container, or any combination of these
recommended by the committee and approved by the Secretary.
(27 FR 2278, Mar. 9, 1962)
07 CFR 959.13 Container.
Container means a box, bag, crate, hamper, basket, package, or any
other receptacle used in the packaging, transportation, sale, shipment
or other handling of onions.
07 CFR 959.14 Varieties.
Varieties means and includes all classifications, subdivisions, or
types of onions according to those definitive characteristics now or
hereafter recognized by the United States Department of Agriculture or
recommended by the committee and approved by the Secretary.
07 CFR 959.15 Committee.
Committee means the South Texas Onion Committee, established pursuant
to 959.22.
07 CFR 959.16 Fiscal period.
Fiscal period means the annual period beginning and ending on such
dates as may be approved by the Secretary pursuant to recommendations of
the committee.
07 CFR 959.17 District.
District means each of the geographic divisions of the production
area initially established pursuant to 959.24 or as reestablished
pursuant to 959.25.
07 CFR 959.18 Export.
Export means to ship onions to any destination which is not within
the 48 contiguous States, or the District of Columbia, of the United
States.
07 CFR 959.18 Committee
07 CFR 959.22 Establishment and membership.
The South Texas Onion Committee, consisting of seventeen members, ten
of whom shall be producers and seven of whom shall be handlers, is
hereby established. For each member of the committee there shall be an
alternate. Producer members and alternates shall not have a proprietary
interest in or be employees of a handler organization.
07 CFR 959.23 Term of office.
(a) The term of office of committee members and their respective
alternates shall be for two years and shall begin as of August 1 and end
as of July 31. The terms shall be so determined that about one-half of
the total committee membership shall terminate each year.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof beginning on the date on which they qualify during such
term of office and continuing until the end thereof, and until their
successors are selected and have qualified.
07 CFR 959.24 Districts.
To determine a basis for selecting committee members, the following
districts of the production area are hereby initially established:
District No. 1: (Coastal Bend) The Counties of Victoria, Calhoun,
Goliad, Refugio, Bee, Live Oak, San Patricio, Aransas, Jim Wells,
Nueces, Kleberg, Brooks, Kenedy, Duval, and McMullen in the State of
Texas.
District No. 2: (Laredo) The Counties of Zapata, Webb, and Jim Hogg
in the State of Texas.
District No. 3: (Lower Valley) The Counties of Cameron, Hidalgo,
Starr, and Willacy in the State of Texas.
District No. 4: (Wilson-Karnes) The Counties of DeWitt, Wilson,
Atascosa, and Karnes in the State of Texas.
District No. 5: (Winter Garden) The Counties of Val Verde, Frio,
Kinney, Uvalde, Medina, Maverick, Zavala, Dimmit, and La Salle in the
State of Texas.
07 CFR 959.25 Redistricting.
The committee may recommend, and pursuant thereto, the Secretary may
approve, the reapportionment of members among districts, and the
reestablishment of districts within the production area. In
recommending any such changes, the committee shall give consideration
to:
(a) Shifts in onion acreage within the districts and within the
production area during recent years;
(b) The importance of new production in its relation to existing
districts;
(c) The equitable relationship of committee membership and districts;
(d) Economies to result for producers in promoting efficient
administration due to redistricting or reapportionment of members within
districts; and
(e) Other relevant factors. No change in districting or in
apportionment of members within districts may become effective less than
30 days prior to the date on which terms of office begin each year and
no recommendations for such redistricting or reapportionment may be made
less than six months prior to such date.
07 CFR 959.26 Selection.
The Secretary shall select members and respective alternates from
districts established pursuant to 959.24 or 959.25. Initial selections
shall be as follows:
District No. 1 -- 3 producer members and alternates; 1 handler
member and alternate.
District No. 2 -- 2 producer members and alternates; 1 handler
member and alternate.
District No. 3 -- 3 producer members and alternates; 2 handler
member and alternates.
District No. 4 -- 1 handler member and alternate.
District No. 5 -- 2 producer members and alternates; 2 handler
members and alternates.
07 CFR 959.27 Nomination.
The Secretary may select the members of the committee and alternates
from nominations which may be made in the following manner:
(a) A meeting or meetings of producers and handlers shall be held for
each district to nominate members and alternates for the committee. For
nominations to the initial committee, the meetings may be sponsored by
the United States Department of Agriculture or by any agency or group
requested to do so by such department. For nominations for succeeding
members and alternates on the committee, the committee shall hold such
meetings or cause them to be held prior to June 15 of each year, after
the effective date of this subpart, or by such other date as may be
specified by the Secretary;
(b) At each such meeting at least one nominee shall be designated for
each position as member and for each position as alternate member on the
committee;
(c) Nominations for committee members and alternates shall be
supplied to the Secretary in such manner and form as he may prescribe,
not later than July 1 of each year, or by such other date as may be
specified by the Secretary;
(d) Only producers may participate in designating producer nominees,
and only handlers may participate in naming handler nominees. In the
event a person is engaged in producing or handling onions in more than
one district, such person shall elect the district within which he may
participate as aforesaid in designating nominees;
(e) Regardless of the number of districts in which a person produces
or handles onions, each such person is entitled to cast only one vote on
behalf of himself, his agents, subsidiaries, affiliates, and
representatives in designating nominees for committee members and
alternates. An eligible voter's privilege of casting only one vote as
aforesaid shall be construed to permit a voter to cast one vote for each
position to be filled in the respective district in which he elects to
vote.
(26 FR 12751, Dec. 30, 1961, as amended at 34 FR 6440, Apr. 12, 1969)
07 CFR 959.28 Failure to nominate.
If nominations are not made within the time and in the manner
specified in 959.27, the Secretary may, without regard to nominations,
select the committee members and alternates, which selection shall be on
the basis of the representation provided for in 959.22 through 959.26.
07 CFR 959.29 Acceptance.
Any person selected as a committee member or alternate shall qualify
by filing a written acceptance within ten days after being notified of
such selection.
07 CFR 959.30 Vacancies.
To fill committee vacancies, the Secretary may select such members or
alternates from unselected nominees on the current nominee list from the
district involved, or from nominations made in the manner specified in
959.27. If the names of nominees to fill any such vacancy are not made
available to the Secretary within 30 days after such vacancy occurs,
such vacancy may be filled without regard to nominations, which
selection shall be made on the basis of the representation provided for
in 959.24 to 959.26.
07 CFR 959.31 Alternate members.
An alternate member of the committee shall act in the place and stead
of the member for whom he is an alternate, during such member's absence
or when designated to do so by the member for whom he is an alternate.
In the event both a member of the committee and his alternate are unable
to attend a committee meeting, the member or his alternate or the
committee (in that order) may designate another alternate from the same
district and the same group (handler or grower) to serve in such
member's place and stead. In the event of the death, removal,
resignation, or disqualification of a member, his alternate shall act
for him until a successor of such member is selected and has qualified.
The committee may request the attendance of alternates at any or all
meetings, notwithstanding the expected or actual presence of the
respective members.
(27 FR 2278, Mar. 9, 1962)
07 CFR 959.32 Procedure.
(a) Eleven members of the committee shall be necessary to constitute
a quorum. Nine concurring votes, or two-thirds of the votes cast,
whichever is greater, shall be required to pass any motion or approve
any committee action. At assembled meetings all votes shall be cast in
person.
(b) The committee may meet by telephone, telegraph, or other means of
communication and any vote at such a meeting shall be promptly confirmed
in writing. On such occasions unanimous vote of committee members
voting will be required to approve any action.
07 CFR 959.33 Expenses and compensation.
Committee members and alternates when acting on committee business
shall be reimbursed for reasonable expenses necessarily incurred by them
in the performance of their duties and in the exercise of their powers
under this part. In addition they may receive compensation at a rate to
be determined by the committee and approved by the Secretary, not to
exceed $10 for each day, or portion thereof, spent in attending to
committee business.
07 CFR 959.34 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms and provisions;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 959.35 Duties.
It shall be, among other things, the duty of the committee:
(a) As soon as practicable after the beginning of each term of
office, to meet and organize, to select a chairman and such other
officers as may be necessary, to select subcommittees of committee
members and alternates, and to adopt such rules and regulations for the
conduct of its business as it may deem advisable;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary and to determine the salaries and define the duties of
each such person, and to protect the handling of committee funds through
fidelity bonds for employees;
(e) To investigate from time to time and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
onions;
(f) To prepare a marketing policy;
(g) To recommend marketing regulations to the Secretary;
(h) To recommend rules and procedures for, and to make determinations
in connection with, issuance of certificates of privilege;
(i) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee, and such minutes, books and
records shall be subject to examination at any time by the Secretary or
by his authorized agent or representative. Minutes of each committee
meeting shall be reported promptly to the Secretary;
(j) At the beginning of each fiscal period, to prepare a budget of
its expenses for such fiscal period, together with a report thereon;
(k) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal period, and at such other time as
the committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part. A copy of each such report shall be
made available at the principal office of the committee for inspection
by producers and handlers, and a copy of each such report shall be
furnished the Secretary;
(l) To consult, cooperate, and exchange information with other
marketing agreement committees and other individuals or agencies in
connection with all proper committee activities and objectives under
this part.
07 CFR 959.35 Expenses and Assessments
07 CFR 959.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
may find are reasonable and likely to be incurred during each fiscal
period for its maintenance and functioning, and for such purposes as the
Secretary, pursuant to this subpart, determines to be appropriate.
Handlers shall share expenses on the basis of a fiscal period. Each
handler's share of such expenses shall be proportionate to the ratio
between the total quantity of onions handled by him as the first handler
thereof during a fiscal period and the quantity of onions handled by all
handlers as first handlers thereof during such fiscal period.
07 CFR 959.41 Budget.
As soon as practicable after the beginning of each fiscal period and
as may be necessary thereafter, the committee shall prepare an estimated
budget of income and expenditures necessary for the administration of
this part. The committee may recommend a rate of assessment calculated
to provide adequate funds to defray its proposed expenditures. The
committee shall present such budget to the Secretary with an
accompanying report showing the basis for its calculations.
07 CFR 959.42 Assessments.
(a) The funds to cover the committee's expenses shall be acquired by
the levying of assessments upon handlers as provided in this subpart.
Each handler who first handles onions, which are regulated under this
part, shall pay assessments to the committee upon demand, which
assessments shall be in payment of such handler's pro rata share of the
committee's expenses.
(b) Assessments shall be levied upon handlers at rates established by
the Secretary. Such rates may be established upon the basis of the
committee's recommendations and other available information. Such rates
may be applied to specified containers used in the production area.
(c) At any time during, or subsequent to, a given fiscal period the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all onions which were regulated under
this part and which were handled by the first handlers thereof during
such fiscal period.
(d) The payment of assessments for the maintenance and functioning of
the committee may be required under this part throughout the period it
is in effect irrespective of whether particular provisions thereof are
suspended or become inoperative.
07 CFR 959.43 Accounting.
(a) Assessments collected in excess of expenses incurred shall be
accounted for in accordance with one of the following:
(1) Excess funds not retained in a reserve, as provided in paragraph
(a)(2) of this section shall be refunded proportionately to the persons
from whom they were collected.
(2) The committee, with the approval of the Secretary, may carry over
excess funds into subsequent fiscal periods as reserves: Provided, That
funds already in reserves do not equal approximately two fiscal periods'
expenses. Such reserve funds may be used (i) to defray expenses during
any fiscal period prior to the time assessment income is sufficient to
cover such expenses, (ii) to cover deficits incurred during any fiscal
period when assessment income is less than expenses, (iii) to defray
expenses incurred during any period when any or all provisions of this
part are suspended or are inoperative, (iv) to cover necessary expenses
of liquidation in the event of termination of this part. Upon such
termination, any funds not required to defray the necessary expenses of
liquidation shall be disposed of in such manner as the Secretary may
determine to be appropriate. To the extent practical, such funds shall
be returned pro rata to the persons from whom such funds were collected.
(b) All funds received by the committee pursuant to the provisions of
this part shall be used solely for the purpose specified in this part
and shall be accounted for in the manner provided for in this part. The
Secretary may at any time require the committee and its members to
account for all receipts and disbursements.
(c) Upon the removal or expiration of the term of office of any
member of the committee, such member shall account for all receipts and
disbursements and deliver all property and funds in his possession to
the committee, and shall execute such assignments and other instruments
as may be necessary or appropriate to vest in the committee full title
to all of the property, funds, and claims vested in such member pursuant
to this part.
(d) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person, to act as a trustee
for holding records, funds, or any other committee property during
periods of suspension of this subpart, or during any period or periods
when regulations are not in effect and if the Secretary determines such
action appropriate, he may direct that such person or persons shall act
as trustee or trustees for the committee.
(26 FR 12751, Dec. 30, 1961, as amended at 34 FR 6440, Apr. 12, 1969)
07 CFR 959.43 Research and Development
07 CFR 959.48 Research and development.
The committee, with the approval of the Secretary, may establish or
provide for the establishment of production research, marketing
research, and development projects designed to assist, improve, or
promote the marketing, distribution, consumption or efficient production
of onions. The expenses of such projects shall be paid from funds
collected pursuant to 959.42.
(38 FR 31516, Nov. 15, 1973)
07 CFR 959.48 Regulations
07 CFR 959.50 Marketing policy.
(a) At the beginning of each season, and as the Secretary may
require, the committee shall prepare a marketing policy. Such policy
shall indicate the data on onion supplies and demand on which the
committee bases its judgments and recommendations. It shall indicate
also the kind or types of regulations contemplated during the ensuing
season, and, to the extent practical, shall include recommendations for
specific regulations. Notice of such marketing policy shall be given to
producers, handlers, and other interested parties by bulletins,
newspapers, or other appropriate media, and copies thereof shall be
submitted to the Secretary and shall be available generally.
(b) Marketing policy statements relating to recommendations for
regulations shall give appropriate consideration to onion supplies for
the season, with special consideration to:
(1) Estimates of total supplies, including grade, size, and quality
thereof, in the production area;
(2) Estimates of supplies in the competing areas;
(3) Market prices by grades, sizes, containers, and packs;
(4) Estimates of supplies of competing commodities;
(5) Anticipated marketing problems;
(6) Level and trend of consumer income; and
(7) Other relevant factors.
07 CFR 959.51 Recommendations for regulations.
Upon complying with the requirements of 959.50 the committee may
recommend regulations to the Secretary whenever it finds that such
regulations as are provided for in this subpart will tend to effectuate
the declared policy of the act.
07 CFR 959.52 Issuance of regulations.
(a) The Secretary shall limit the handling of onions by regulations
specified in this section whenever he finds from the recommendations and
information submitted by the committee, or from other available
information, that such regulations would tend to effectuate the declared
policy of the act.
(b) Such regulations may:
(1) Limit in any or all portions of the production area the handling
of particular grades, sizes, qualities or packs, or any combination
thereof, of any or all varieties of onions during any period;
(2) Limit the handling of particular grades, sizes, qualities, or
packs of onions differently for different varieties, for different
containers, for different portions of the production area, or any
combination of the foregoing, during any period;
(3) Limit the handling of onions by establishing, in terms of grades,
sizes, or both, minimum standards of quality and maturity;
(4) Fix the size, capacity, weight, dimensions, or pack of the
container or containers which may be used in the packaging,
transportation, sale, preparation for market, shipment, or other
handling of onions;
(5) Establish holidays by prohibiting throughout the entire
production area, the packaging or loading, or both, of onions on
Sundays;
(6) Prohibit the packaging or loading, or both, of onions except
during specified consecutive hours of any calendar day or days:
Provided, That, any handler may, upon such notice to the committee as it
may prescribe with approval of the Secretary, package or load onions
during a different period in such day consisting of the same number of
consecutive hours: Provided further, That any handler who, due to
conditions specified in regulations established by the committee with
the approval of the Secretary as being beyond a handler's reasonable
control, is prevented for more than one of such consecutive hours from
so packaging or loading onions may, in accordance with such regulations,
obtain permission from the committee to package or load onions, or both,
during a comparable number of additional hours in the same day or a
later day as specified by the committee.
(c) Regulations issued hereunder may be amended, modified, suspended,
or terminated whenever it is determined:
(1) That such action is warranted upon recommendation of the
committee or other available information;
(2) That such action is essential to provide relief from inspection,
assessment, or regulations under paragraph (b) of this section for
minimum quantities less than customary commercial transactions; or
(3) That regulations issued hereunder no longer tend to effectuate
the declared policy of the act.
(d) No handler may handle onions that were packaged or loaded or both
during any period when such packaging or loading or both was prohibited
by any regulation issued pursuant to paragraphs (b) (5) or (6) of this
section, except such onions as were exempted thereunder.
(26 FR 704, Jan. 25, 1961. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 34 FR 6440, Apr. 12, 1969)
07 CFR 959.53 Handling for special purposes.
Regulations in effect pursuant to 959.42, 959.52, or 959.60 may be
modified, suspended, or terminated to facilitate handling of onions for:
(a) Relief or charity;
(b) Experimental purposes;
(c) Export; and
(d) Other purposes which may be recommended by the committee and
approved by the Secretary.
07 CFR 959.54 Safeguards.
The committee, with the approval of the Secretary, may establish
through rules such requirements as may be necessary to establish that
shipments made pursuant to 959.53 were handled and used for the purpose
stated.
07 CFR 959.55 Notification of regulation.
The Secretary shall promptly notify the committee of regulations
issued or of any modification, suspension, or termination thereof. The
committee shall give reasonable notice thereof to handlers.
07 CFR 959.55 Inspection
07 CFR 959.60 Inspection and certification.
(a) Whenever the handling of onions is regulated pursuant to 959.52,
or at other times when recommended by the committee and approved by the
Secretary, no handlers shall handle onions unless they are inspected by
an authorized representative of the Federal or Federal-State Inspection
Service and are covered by a valid inspection certificate, except when
relieved from such requirements pursuant to 959.52(c) or 959.54, or
paragraph (b) of this section.
(b) Regarding, resorting, or repacking any lot of onions shall
invalidate any prior inspection certificate insofar as the requirements
of this section are concerned. No handler shall handle onions after
they have been regraded, resorted, or repacked unless such onions are
inspected by an authorized representative of the Federal or
Federal-State Inspection Service. Such inspection requirements on
regraded, resorted, or repacked onions may be modified, suspended, or
terminated upon recommendation by the committee and approval of the
Secretary.
(c) Upon recommendation of the committee and approval by the
Secretary, any or all onions so inspected and certified shall be
identified by appropriate seals, stamps, or tags to be affixed to the
containers by the handler under the direction and supervision of a
Federal or Federal-State Inspector or the Committee. Master containers
may bear the identification instead of the individual containers within
said master container.
(d) At any time this marketing order is inoperative, compulsory
inspection is not required.
(e) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(f) When onions are inspected in accordance with the requirements of
this section, a copy of each inspection certificate issued shall be made
available to the committee by the Inspection Service.
(g) The committee may recommend and the Secretary may require that no
handler shall transport or cause the transportation of onions by motor
vehicle or by other means unless such shipment is accompanied by a copy
of the inspection certificate issued thereon, or other document
authorized by the committee to indicate that such inspection has been
performed. Such certificate or document shall be surrendered to such
authority as may be designated.
07 CFR 959.60 Reports
07 CFR 959.80 Reports.
Upon request of the committee, made with the approval of the
Secretary, each handler shall furnish to the committee, in such manner
or form and at such time as it may prescribe, such reports and other
information as may be necessary for the committee to perform its duties
under this part.
(a) Such reports may include, but are not necessarily limited to, the
following: (1) The quantities of onions received by a handler; (2) the
quantities disposed of by him segregated as to the respective quantities
subject to regulation and not subject to regulation; (3) the date of
each such disposition and the identification of the carrier transporting
such onions; and (4) identification of the inspection certificates
relating to the onions which were handled pursuant to 959.52 or
959.53, or both.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employees
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to the prohibition of
disclosure of individual handlers' identities or operations.
(c) Each handler shall maintain for at least two succeeding years
such records and documents on onions received and onions disposed of by
him as may be necessary to verify reports he submits to the committee
pursuant to this section.
07 CFR 959.80 Compliance
07 CFR 959.81 Compliance.
Except as provided in this subpart, no handler shall handle onions,
the handling of which has been prohibited by the Secretary in accordance
with provisions of this subpart, or the rules and regulations
thereunder, and no handler shall handle onions except in conformity to
the provisions of this subpart.
07 CFR 959.81 Miscellaneous Provisions
07 CFR 959.82 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 959.83 Effective time.
The provisions of this subpart, or any amendment thereto, shall
become effective at such time as the Secretary may declare and shall
continue in force until terminated in one of the ways specified in this
subpart.
07 CFR 959.84 Termination.
(a) The Secretary may, at any time, terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary shall terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers who, during a representative period,
have been engaged in the production of onions for market: Provided,
That such majority has, during such representative period, produced for
market more than fifty percent of the volume of such onions produced for
market.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 959.85 Proceeding after termination.
(a) Upon the termination of the provisions of this subpart the then
functioning members of the committee shall continue as joint trustees
for the purpose of settling the affairs of the committee by liquidating
all of the funds and property then in the possession of or under control
of the committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall, upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such persons full title and right to all of the
funds, property, and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 959.86 Effect of termination or amendments.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not (a) affect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provisions
of this subpart or any regulation issued under this subpart, or (b)
release or extinguish any violation of this subpart or of any regulation
issued under this subpart, or (c) affect or impair any rights or
remedies of the Secretary or of any other person with respect to any
such violation.
07 CFR 959.87 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 959.88 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this subpart.
07 CFR 959.89 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 959.90 Personal liability.
No member or alternate of the committee nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, agent, or employee,
except for acts of dishonesty, willful misconduct, or gross negligence.
07 CFR 959.91 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing, shall
not be affected thereby.
07 CFR 959.92 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 959.92 Subpart -- Rules and Regulations
Source: 26 FR 2560, Mar. 25, 1961, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 959.92 General
07 CFR 959.100 Order.
Order means Order No. 959 ( 959.1 to 959.92; 26 FR 704) regulating
the handling of onions grown in South Texas.
07 CFR 959.101 Terms.
The terms used in this subpart shall have the same meaning as when
used in the order.
07 CFR 959.102 Communications.
Unless otherwise provided in the order, or by specific direction of
the committee, all reports, applications, submittals, requests and
communications in connection with the order shall be addressed to the
South Texas Onion Committee, at its principal office.
07 CFR 959.103 Registered handler.
For purposes of this part any person who operates an established
packing house within the production area with commonly accepted adequate
facilities for grading and packing onions for market, and who
customarily buys onions from producers for grading, packing, and
marketing shall be recorded by the committee as a registered handler.
Any other person who wishes to be listed as a registered handler may
make application for registration on forms furnished by the committee.
If such applicant has facilities available to him that are determined by
the committee to be adequate for grading and packing onions for market,
and he assumes responsibility for inspection of onions handled by him,
and for assessments thereon, he may be approved and recorded as a
registered handler. If the committee determines from the available
information that the applicant is not entitled to be registered with the
committee, he shall be so informed by written notice stating the reason
for denial of his application. Any registration of a handler pursuant
to this section may be canceled by the committee under circumstances
which would have justified denial of his application. Any handler whose
registration has been canceled shall be so informed by written notice
thereof stating the reason therefor. The committee shall also notify
producers of each such cancellation of handler registration through
committee bulletins or published notice in local newspapers of general
distribution, or both.
07 CFR 959.104 Fiscal period.
The fiscal period which extends from February 1, 1963, through
January 31, 1964 (28 FR 3852), shall end July 31, 1963. Beginning
August 1, 1963, and thereafter, the fiscal period shall begin August 1
of each year and end July 31 of the following year, both dates
inclusive.
(29 FR 600, Jan. 24, 1964)
07 CFR 959.110 Reestablishment of districts.
Pursuant to 959.25, the following districts are reestablished:
(a) District 1 (Coastal Bend-Lower Valley): The counties of
Victoria, Calhoun, Goliad, Refugio, Bee, Live Oak, San Patricio,
Aransas, Jim Wells, Nueces, Kleberg, Brooks, Kenedy, Duval, McMullen,
Cameron, Hidalgo, Starr, and Willacy.
(b) District 2 (Laredo-Winter Garden): The counties of Zapata, Webb,
Jim Hogg, De Witt, Wilson, Atascosa, Karnes, Val Verde, Frio, Kinney,
Uvalde, Medina, Maverick, Zavala, Dimmit, and LaSalle.
(55 FR 25961, June 26, 1990)
07 CFR 959.111 Reapportionment of committee membership.
Pursuant to 959.25, committee membership is reapportioned among
districts as follows:
(a) District 1 (Coastal Bend-Lower Valley): Six producer members and
four handler members.
(b) District 2 (Laredo-Winter Garden): Four producer members and
three handler members.
(55 FR 25962, June 26, 1990)
07 CFR 959.115 Planting reports.
Each handler shall furnish every two weeks during the planting season
to the committee, on a form provided by the committee, the number of
acres of onions planted by the handler or growers for whom the handler
packs onions during such period and the location of such plantings.
(53 FR 7330, Mar. 8, 1988)
07 CFR 959.115 Safeguards
07 CFR 959.120 Policy.
Whenever shipments of onions for special purposes pursuant to 959.53
are relieved in whole or in part from regulations issued under 959.52,
the committee may require information and evidence on the manner,
methods, and timing of such shipments as safeguards against the entry of
any such onions in trade channels other than those for which intended.
Such information and evidence shall include requirements set forth below
with respect to Certificates of Privilege.
07 CFR 959.121 Qualification.
Before handling onions for special purposes which do not meet
regulations issued pursuant to 959.52, a handler, when required by such
regulations, must qualify with the committee to handle shipments for
special purposes. To qualify he must (a) apply for and receive a
Certificate of Privilege indicating his intent to so handle onions, (b)
agree to comply with reporting and other requirements set forth in
959.120 to 959.125, inclusive, with respect to such shipments, and (c)
receive approval of the committee, or its duly authorized agents, to so
handle onions. Such approval will be based upon evidence furnished in
his application for Certificate of Privilege and other information
available to the committee.
07 CFR 959.122 Application.
(a) Applications for a Certificate of Privilege shall be made on
forms furnished by the committee. Each application may contain, but
need not be limited to, the name and address of the handler; the
quantity by grade, size, and quality of the onions to be shipped; the
mode of transportation; the consignee; the destination; the purpose
for which the onions are to be used; and certification to the United
States Department of Agriculture and to the committee as to the
truthfulness of the information shown thereon, and any other appropriate
information or documents deemed necessary by the committee or its duly
authorized agents for the purposes stated in 959.120.
(b) The committee may require each handler making shipments of onions
for export to include with his application a copy of the Department of
Commerce Shippers Export Declaration Form No. 7525-V applicable to such
shipment.
07 CFR 959.123 Approval.
The committee or its duly authorized agents shall give prompt
consideration to each application for a Certificate of Privilege.
Approval of an application, based upon the determination as to whether
the information contained therein and other information available to the
committee supports approval, shall be evidenced by the issuance of a
Certificate of Privilege to the applicant. Each certificate shall cover
a specified period and specified qualities and quantities of onions to
be sold or transported to a designated consignee for the purpose
declared.
07 CFR 959.124 Reports.
Each handler of onions shipping under Certificates of Privilege shall
supply the committee with reports as requested by the committee, or its
duly authorized agents, showing the name and address of the shipper;
the car or truck identification; the loading point; destination;
consignee; the inspection certificate number when inspection is
required; and any other information deemed necessary by the committee.
07 CFR 959.125 Disqualification.
The committee from time to time may conduct surveys of handling of
onions for special purposes requiring Certificates of Privilege to
determine whether handlers are complying with the requirements and
regulations applicable to such certificates. Whenever the committee
finds that the handler or consignee is failing to comply with
requirements and regulations applicable to handling of onions in special
outlets and requiring such certificates, a Certificate or Certificates
of Privilege issued such handler may be rescinded and subsequent
certificates denied. Such disqualification shall apply to, and not
exceed, a reasonable period of time as determined by the committee, but
in no event shall it extend beyond the date of the succeeding fiscal
period. Any handler who has a Certificate rescinded or denied may
appeal to the committee in writing for reconsideration of his
disqualification.
07 CFR 959.126 Handling of culls.
(a) The handling of culls, i.e., onions which fail to meet the grade,
size and quality requirements established under 959.52(b) of this part,
is prohibited, unless such onions are:
(1) Mechanically mutilated at the packing shed rendering them
unsuitable for fresh market;
(2) Handled for special purpose outlets approved under 959.53 of
this part; or
(3) Handled for canning or freezing.
(b) As a safeguard against culls entering fresh market channels each
handler of culls under paragraphs (a)(2) or (3) of this section shall
apply for and obtain a certificate from the committee which shall
require the handler to furnish such reports or other information as the
committee may request.
(28 FR 60, Jan. 3, 1963)
07 CFR 959.322 Handling regulation.
During the period beginning March 1 and ending May 20, no handler
shall package or load onions on Sunday, or handle any onions, except red
varieties, unless they comply with paragraphs (a) through (d) or (e) or
(f) of this section.
(a) Grade requirements. Not to exceed 20 percent defects of U.S.
No. 1 grade. In percentage grade lots, tolerances for serious damage
shall not exceed 10 percent including not more than 2 percent decay.
Double the lot tolerance shall be permitted in individual packages in
percentage grade lots. Application of tolerances in U.S. onion
standards shall apply to in-grade lots.
(b) Size requirements. (1) ''Small'' -- 1 to 2 1/4 inches in
diameter, and limited to whites only;
(2) ''Repacker'' -- 1 3/4 to 3 inches in diameter, with 60 percent or
more 2 inches in diameter or larger;
(3) ''Medium'' -- 2 to 3 1/2 inches in diameter; or
(4) ''Jumbo'' or ''Large'' -- 3 inches or larger in diameter; or
(5) ''Extra Large'' -- 3 3/4 inches or larger in diameter.
(6) Tolerances for size in the U.S. onion standards shall apply
except that for ''repacker'' and ''medium'' sizes not more than 20
percent, by weight, of onions in any lot may be larger than the maximum
diameter specified. Application of tolerances in the U.S. onion
standards shall apply.
(c) Container requirements. Except as provided in paragraph (f) of
this section, only the following containers shall be used:
(1) 25-pound bags, with an average net weight in any lot of not more
than 27 1/2 pounds per bag, and with inside dimensions not larger than
29 inches by 31 inches; or
(2) 50-pound bags, with an average net weight in any lot of not more
than 55 pounds per bag, and with inside dimensions not larger than 33
inches by 39 1/2 inches.
(3) 2-pound, 3-pound, 5-pound and 10-pound bags. The average gross
weight per lot of onions packed in master container shall not exceed 115
percent of the designated net contents.
(4) 20-pound cartons with approximate dimensions of 22 1/4 inches
(length) x 11 inches (width) x 4 1/2 inches (height); or
(5) 25-pound cartons with approximate dimensions of 19 1/8 inches
(length) x 11 1/2 inches (width) x 7 inches (height); or
(6) 40-pound cartons, with an average net weight in any lot of not
more than 45 pounds per carton; or
(7) 50-pound cartons, with an average net weight in any lot of not
more than 55 pounds per carton.
(8) These container requirements shall not be applicable to onions
sold to Federal agencies or for export.
(d) Inspection. (1) No handler may handle any onions regulated
hereunder, except pursuant to paragraphs (e), (f)(1), or (f)(3)(ii) of
this section unless an inspection certificate has been issued by the
Texas-Federal Inspection Service covering them and the certificate is
valid at the time of shipment. City destinations shall be listed on
inspection certificates and release forms.
(2) No handler may transport by motor vehicle or cause such
transportation of any shipment of onions for which an inspection
certificate is required unless each such shipment is accompanied by a
copy of the inspection certificate applicable thereto or by documentary
evidence on forms furnished by the committee identifying truck lots to
which a valid inspection certificate is applicable and a copy of such
inspection certificate or committee document is surrendered upon request
to authorities designated by the committee.
(3) For purpose of operation under this part, each inspection
certificate or committee form required as evidence of inspection is
hereby determined to be valid for a period not to exceed 72 hours
following completion of inspection as shown on the certificate.
(4) Handlers shall pay assessment on all assessable onions according
to the provisions of 959.42.
(e) Minimum quantity exemption. Any handler may handle, other than
for resale, up to, but not to exceed 110 pounds of onions per day
without regard to the requirements of this section, but this exemption
shall not apply to any shipment or any portion thereof of over 110
pounds of onions.
(f) Special purpose shipments. (1) The minimum grade, size, quality,
container, and inspection requirements set forth in paragraphs (a)
through (d) shall not be applicable to shipments of onions for charity,
relief, canning and freezing if handled in accordance with paragraph (g)
of this section.
(2) Gift packages. The handling to any person of gift packages of
onions not exceeding 25 pounds per package, individually addressed to
such person and not for resale is exempt from the container requirements
of paragraph (c) of this section, but shall conform to all assessment
requirements of 959.42 and inspection requirements of paragraph (d) of
this section, if such onions were not previously handled by a first
handler. All such onions shall meet the grade and size requirements of
paragraphs (a) and (b) of this section.
(3) Experimental shipments. (i) Upon approval of the committee,
onions may be shipped in bulk bins with inside dimensions of 47 inches x
37 1/2 inches x 36 inches deep and having a volume of 63,450 cubic
inches, or containers deemed similar by the committee. Each container
shall have a new perforated polyethylene liner at least 2 mils in
thickness. Also, onions may be shipped in 25- and 20-pound cartons,
upon approval of the committee. Such experimental shipments shall be
exempt from paragraph (c) of this section but shall be handled in
accordance with the safeguard provisions of 959.54 and paragraph (g) of
this section. The committee shall be notified of carton size and
furnished a container manifest, and shippers must furnish the committee
with outturn reports on such shipments.
(ii) Upon approval by the committee, onions may be shipped for other
experimental purposes exempt from regulations issued pursuant to
959.42, 959.52, and 959.60, provided they are handled in accordance with
the safeguard provisions of 959.54 and paragraph (g) of this section.
(iii) Upon approval of the committee, onions may be shipped for
testing in types and sizes of containers other than those specified in
paragraphs (c) and (f)(2) of this section, provided that the handling of
onions in such experimental containers shall be under the supervision of
the committee.
(4) Export shipments. (i) Upon approval of the committee, the
prohibition against packaging or loading onions on any Sunday may be
modified or suspended to permit the handling of onions for export
provided that such handling complies with the procedures and safeguards
specified by the committee.
(ii) Following approval, if the handler grades, packages, and ships
onions for export on any Sunday, such handler shall on the first weekday
following shipment, cease all grading, packaging, and shipping
operations for the same length of time as the handler operated on
Sunday. Upon completion of such shipments, the handler shall report
thereon as prescribed by the committee.
(iii) Export shipments shall also be exempt from all container
requirements of this section.
(5) Onions failing to meet requirements. Onions failing to meet the
grade, size, and container requirements of this section, and not exempt
under paragraphs (e) or (f) of this section, may be handled only
pursuant to 959.126. Such onions not handled in accordance with
paragraph (g) of this section shall be mechanically mutilated at the
packing shed rendering them unsuitable for fresh market.
(g) Safeguards. Each handler making shipments of onions for relief,
charity, canning, freezing, or experimental purposes shall:
(1) Apply to the committee for and obtain a Certificate of Privilege
to make such shipments;
(2) Furnish reports of each shipment made under the applicable
Certificate of Privilege;
(3) Such reports, in accordance with 959.80, shall be furnished to
the committee in such manner, on such forms and at such times as it may
prescribe. Each handler shall maintain records of such shipments
pursuant to 959.80(c), and the records shall be subject to review and
audit by the committee to verify reports thereon.
(4) In addition to the above, each handler making shipments for
canning or freezing shall:
(i) Weigh or cause to be weighed each shipment prior to, or upon
arrival at the canner or freezer.
(ii) Attach a copy of the weight ticket to a completed copy of the
Report of Special Purpose Onion Shipment and return both promptly to the
committee office.
(iii) Make each shipment directly to the applicable processor and
attach a copy of the Report of Special Purpose Onion Shipment.
(iv) Each canner or freezer who receives cull onions shall weigh the
onions upon receipt, complete the Report of Special Purpose Onion
Shipment which accompanies each load and mail it immediately to the
committee office.
(v) Each canner or freezer who receives cull onions shall make
available at its business office at any reasonable time during business
hours, copies of all applicable purchase orders, sales contracts, or
disposition documents for examination by the Department or by the
committee, together with any other information which the committee or
the Department may deem necessary to enable it to determine the
disposition of the onions.
(h) Definitions. U.S. onion standards means the United States
Standards for Grades of Bermuda-Granex-Grano Type Onions (7 CFR
2851.3195-2851.3209), or the United States Standards for Grades of
Onions (Other Than Bermuda-Granex-Grano and Creole Types) (7 CFR
2851.2830-2851.2854), whichever is applicable to the particular variety,
or variations thereof specified in this section. The term U.S. No. 1
shall have the same meaning as set forth in these standards. All other
terms used in this section shall have the same meaning as when used in
Marketing Agreement No. 143, as amended, and this part.
(i) Applicability to imports. During the period beginning March 10
and ending May 20, of each year, imported onions shall comply with the
minimum grade, size, quality and maturity requirements imposed under
this marketing order. The specific beginning and ending date will be
set forth in the summary of onion import regulation to be issued prior
to the beginning of each season, after the Secretary determines when the
imported onions are in most direct competition with regulated onions
grown in South Texas. Therefore, under section 8e of the act and
980.117, ''Import regulations: onions'' (7 CFR part 980.117) such
imported onions shall have not more than 20 percent defects of U.S. No.
1 grade and be at least 1 inch in diameter for white varieties and at
least 1 3/4 inches in diameter for all other varieties. In percentage
grade lots, tolerances for serious damage shall not exceed 10 percent
including not more than 2 percent decay. Double the lot tolerance shall
be permitted in individual packages in percentage grade lots.
Applications of tolerances in the U.S. onion standards shall apply to
ingrade lots.
(47 FR 8552, Mar. 1, 1982, as amended at 49 FR 4932, Feb. 9, 1984;
52 FR 19281, May 22, 1987; 52 FR 20192, May 29, 1987; 54 FR 8520, Mar.
1, 1989; 55 FR 7690, Mar. 5, 1990)
Editorial Note: After January 1, 1979 ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through. 299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 959.322 PART 965 -- TOMATOES GROWN IN THE LOWER RIO GRANDE VALLEY IN TEXAS
07 CFR 959.322 Pt. 965
07 CFR 959.322 Subpart -- Order Regulating Handling
Sec.
965.1 Secretary.
965.2 Act.
965.3 Person.
965.4 Production area.
965.5 Tomatoes.
965.6 Handler.
965.7 Handle.
965.8 Producer.
965.9 Producer-handler.
965.10 Grade and size.
965.11 Pack.
965.12 Maturity.
965.13 Container.
965.14 Varieties.
965.15 Committee.
965.16 Fiscal period.
965.17 District.
965.18 Export.
965.22 Establishment and membership.
965.23 Term of office.
965.24 Districts.
965.25 Redistricting.
965.26 Selection.
965.27 Nomination.
965.28 Failure to nominate.
965.29 Acceptance.
965.30 Vacancies.
965.31 Alternate members.
965.32 Procedure.
965.33 Expenses and compensation.
965.34 Powers.
965.35 Duties.
965.40 Expenses.
965.41 Budget.
965.42 Assessments.
965.43 Accounting.
965.44 Contributions.
965.48 Research and development.
965.50 Marketing policy.
965.51 Recommendations for regulations.
965.52 Issuance of regulations.
965.53 Minimum quantities.
965.54 Handling for special purposes.
965.55 Notification of regulation.
965.56 Safeguards.
965.60 Inspection and certification.
965.70 Procedure.
965.71 Granting exemptions.
965.72 Investigation.
965.73 Appeal.
965.74 Records.
965.80 Reports.
965.81 Compliance.
965.82 Right of the Secretary.
965.83 Effective time.
965.84 Termination.
965.85 Proceedings after termination.
965.86 Effect of termination or amendment.
965.87 Duration of immunities.
965.88 Agents.
965.89 Derogation.
965.90 Personal liability.
965.91 Separability.
965.92 Amendments.
07 CFR 959.322 Subpart -- Rules and Regulations
965.100 Communications.
965.110 Order.
965.111 Terms.
965.112 Registered handler.
965.113 Registered repacker.
965.114 Fiscal period.
965.120 Policy.
965.121 Qualification.
965.122 Application.
965.123 Approval.
965.124 Reports.
965.125 Disqualification.
965.130 Application.
965.131 Investigations.
965.132 Issuance.
965.133 Disposition of certificates.
965.134 Reports.
965.135 Appeals.
965.150 Reestablishment of districts.
965.151 Selection.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 959.322 Subpart -- Order Regulating Handling
Source: 24 FR 2425, Mar. 28, 1959, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 959.322 Definitions
07 CFR 965.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department to whom authority has
heretofore been delegated, or to whom authority may hereafter be
delegated, to act in his stead.
07 CFR 965.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68
Stat. 906, 1047).
07 CFR 965.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 965.4 Production area.
Production area means all territory in the counties of Cameron,
Hidalgo, Starr, and Willacy in the State of Texas.
07 CFR 965.5 Tomatoes.
Tomatoes means all varieties of the edible fruit (lycopersicon
esculentum) commonly known as tomatoes and grown within the production
area.
07 CFR 965.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of tomatoes owned by another person) who
handles tomatoes or causes tomatoes to be handled.
07 CFR 965.7 Handle.
Handle or ship means to transport, sell, or in any way to place
tomatoes in the current of the commerce between the production area and
any point outside thereof: Provided, That such terms will not include
the transportation, sale, or delivery within the production area of
tomatoes to a handler who is registered as such with the committee.
07 CFR 965.8 Producer.
Producer means any person engaged in a proprietary capacity in the
production of tomatoes for market.
07 CFR 965.9 Producer-handler.
Producer-handler means a person who buys and sells tomatoes grown in
the production area, owns, or operates a packing shed which packs such
tomatoes, and is also a producer of tomatoes in the production area.
07 CFR 965.10 Grade and size.
Grade means any one of the established grades of tomatoes and size
means any one of the established sizes of tomatoes as defined and set
forth in U.S. Standards for Fresh Tomatoes ( 51.1855 to 51.1877 of this
title) or U.S. Consumer Standards for Fresh Tomatoes ( 51.1900 to
51.1913 of this title), both issued by the United States Department of
Agriculture, or amendments thereto, or modifications thereof, or
variations based thereon, recommended by the committee and approved by
the Secretary.
07 CFR 965.11 Pack.
Pack means any of the packs of tomatoes as defined and set forth in
the United States Standards for Fresh Tomatoes issued by the United
States Department of Agriculture ( 51.1855 to 51.1877 of this title),
or any pack of tomatoes recommended by the committee and approved by the
Secretary.
07 CFR 965.12 Maturity.
Maturity means specific degrees of ripeness for tomatoes as
established by the committee with approval of the Secretary.
07 CFR 965.13 Container.
Container means a box, bag, crate, hamper, basket, package, tube, or
any other type of unit used in the packaging, transportation, sale,
shipment, or handling of tomatoes.
07 CFR 965.14 Varieties.
Varieties means and includes all classifications, subdivisions, or
types of tomatoes according to those definitive characteristics now or
hereafter recognized by the United States Department of Agriculture or
recommended by the committee, and approved by the Secretary.
07 CFR 965.15 Committee.
Committee means the Texas Valley Tomato Committee, established
pursuant to 965.22.
07 CFR 965.16 Fiscal period.
Fiscal period means the annual period beginning March 1, and ending
on the last day of February of the following year, or such annual
beginning and ending dates as may be approved by the Secretary pursuant
to recommendations of the committee.
07 CFR 965.17 District.
District means each of the geographic divisions of the production
area initially established pursuant to 965.24 or as reestablished
pursuant to 965.25.
07 CFR 965.18 Export.
Export means shipment of tomatoes beyond the boundaries of
continental United States.
07 CFR 965.18 Committee
07 CFR 965.22 Establishment and membership.
(a) The Texas Valley Tomato Committee is hereby established,
consisting of 10 members, including six producers, three handlers, and
one public member. Each shall have an alternate who shall have the same
qualifications as the member.
(b) Each committee member and alternate shall be a resident of the
production area. Industry members shall be producers or handlers, or
officers or employees of a producer or handler or of a producers'
cooperative marketing organization, in the district for which selected.
Those representing a producers' marketing cooperative shall be eligible
to serve as a handler member or alternate. The public member shall be a
person who has no financial interest in the commercial production or
marketing of tomatoes except as a consumer, and shall not be a director,
officer or employee of any firm so engaged.
(45 FR 82910, Dec. 17, 1980)
07 CFR 965.23 Term of office.
(a) The term of office of committee members and their respective
alternates shall be for one year and shall begin as of August 1 and end
as of July 31.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof beginning on the date on which they qualify during such
term of office and continuing until the end thereof, and until their
successors are selected and have qualified.
07 CFR 965.24 Districts.
For the purpose of determining the basis for selecting committee
members and alternates, the entire production area shall be considered a
single district. However, the area may be redistricted pursuant to
965.25.
(45 FR 82910, Dec. 17, 1980)
07 CFR 965.25 Redistricting.
The committee may recommend, and pursuant thereto, the Secretary may
approve, the reapportionment of members among districts, and the
reestablishment of districts within the production area. In
recommending any such changes, the committee shall give consideration
to: (a) Shifts in tomato acreage within districts and within the
production area during recent years; (b) the importance of new
production in its relation to existing districts; (c) the equitable
relationship of committee membership and districts; (d) economies to
result for producers in promoting efficient administration due to
redistricting or reapportionment of members within districts; and (e)
other relevant factors. No change in districting or in apportionment of
members within districts may become effective less than 30 days prior to
the date on which terms of office begin each year and no recommendations
for such redistricting or reapportionment may be made less than six
months prior to such date.
07 CFR 965.26 Selection.
The Secretary shall select the committee members and alternates to
reflect existing representation established pursuant to 965.24 or
965.25.
(45 FR 82910, Dec. 17, 1980)
07 CFR 965.27 Nomination.
The Secretary may select the members of the committee and alternates
from nominations which may be made in the following manner:
(a) A meeting or meetings of producers and handlers shall be held in
each district to nominate members and alternates on the committee. The
committee shall hold such meetings or cause them to be held prior to
June 15 of each year, or by such other date as may be specified by the
Secretary.
(b) At each such meeting at least one nominee shall be designated for
each position as member and for each position as alternate member on the
committee.
(c) Nominations for committee members and alternates shall be
supplied to the Secretary in such manner and form as he may prescribe,
not later than July 15 of each year, or by such other date as may be
specified by the Secretary.
(d) Only producers may participate in designating producer nominees,
and only handlers may participate in naming handler nominees. In the
event a person is engaged in producing tomatoes in more than one
district, such person shall elect the district within which to
participate in designating nominees.
(e) Regardless of the number of districts in which a person produces
tomatoes, each such person is entitled to cast only one vote on behalf
of himself, his agents, subsidiaries, affiliates, and representatives in
designating nominees for committee members and alternates. An eligible
voter's privilege of casting only one vote as aforesaid shall be
construed to permit a voter to cast one vote for each position to be
filled in the respective district in which he elects to vote.
(f) The public member and alternate shall be nominated by the
committee. The committee shall prescribe such additional
qualifications, administrative rules and procedures for selection and
voting for each candidate as it deems necessary and as the Secretary
approves.
(24 FR 2425, Mar. 28, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 82910, Dec. 17, 1980)
07 CFR 965.28 Failure to nominate.
If nominations are not made within the time and in the manner
specified in 965.27, the Secretary may, without regard to nominations,
select the committee members and alternates, which selection shall be on
the basis of the representation provided for in 965.24 to 965.26,
inclusive.
07 CFR 965.29 Acceptance.
Any person selected as a committee member or alternate shall qualify
by filing a written acceptance with the Secretary within ten days after
being notified of such selection.
07 CFR 965.30 Vacancies.
To fill committee vacancies, the Secretary may select such members or
alternates from unselected nominees on the current nominee list from the
district involved, or from nominations made in the manner specified in
965.27. If the names of nominees to fill any such vacancy are not made
available to the Secretary within 30 days after such vacancy occurs,
such vacancy may be filled without regard to nominations, which
selection shall be made on the basis of the representation provided for
in 965.24 to 965.26, inclusive.
07 CFR 965.31 Alternate members.
An alternate member of the committee shall act in the place and stead
of the member during such member's absence or when designated to do so.
In the event both a member of the committee and that member's respective
alternate are unable to attend a committee meeting, the member,
alternate, or the committee, in that order, may designate another
alternate from the same group (producer or handler) to serve in such
member's stead. In the event of the death, removal, resignation, or
disqualification of a member, the alternate shall act for the member
until a successor for such member is selected and has qualified. The
committee may request the attendance of alternates at any or all
meetings, notwithstanding the expected or actual presence of the
respective members.
(45 FR 82911, Dec. 17, 1980)
07 CFR 965.32 Procedure.
(a) At assembled meetings six members of the committee shall
constitute a quorum and six concurring votes shall be required to
approve any committee action. Such votes shall be cast in person.
(b) The committee may meet by telephone, telegraph, or other means of
communication. The agendas of such meetings shall be limited to
nonregulatory provisions and any vote cast shall be promptly confirmed
in writing. On such occasions seven concurring votes shall be required
to approve any action.
(45 FR 82911, Dec. 17, 1980)
07 CFR 965.33 Expenses and compensation.
Committee members and alternates may be reimbursed for expenses
necessarily incurred by them in the performance of duties and in the
exercise of powers under this part.
07 CFR 965.34 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 965.35 Duties.
It shall be, among other things, the duty of the committee:
(a) As soon as practicable after the beginning of each term of
office, to meet and organize, to select a chairman and such other
officers as may be necessary, to select subcommittees of committee
members, or alternates and to adopt such rules and regulations for the
conduct of its business as it may deem advisable;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary, to determine the salaries and define the duties of each
such person, and to protect the handling of committees funds through
fidelity bonds for employees;
(e) To investigate from time to time and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
tomatoes;
(f) To prepare a marketing policy;
(g) To recommend marketing regulations to the Secretary;
(h) To recommend rules and procedures for, and to make determinations
in connection with, issuance of certificates of privilege or exemptions,
or both;
(i) To investigate an applicant's claim for exemptions;
(j) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books and
records shall be subject to examination at any time by the Secretary or
by his authorized agent or representative. Minutes of each committee
meeting shall be reported promptly to the Secretary;
(k) At the beginning of each fiscal period, to prepare a budget of
its expenses for such fiscal period, together with a report thereon;
(l) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal period, and at such other time as
the committee may deem necessary or as the Secretary may request. The
report of such audit shall shown the receipt and expenditure of funds
collected pursuant to this part. A copy of each such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of the committee for inspection by
producers and handlers;
(m) To consult, cooperate, and exchange information with other
marketing agreement committees and other individuals or agencies in
connection with all proper committee activities and objectives under
this part; and
(n) To recommend nominees for the public member and alternate.
(24 FR 2425, Mar. 28, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 82911, Dec. 17, 1980)
07 CFR 965.35 Expenses and Assessments
07 CFR 965.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
may find are reasonable and likely to be incurred during each fiscal
period for its maintenance and functioning, and for such purposes as the
Secretary, pursuant to this subpart, determines to be appropriate.
Handlers shall share expenses upon the basis of a fiscal period. Each
handler's share of such expense shall be proportionate to the ratio
between the total quantity of tomatoes under regulation handled by him
as the first handler thereof during a fiscal period and the total
quantity of tomatoes under regulation handled by all handlers as first
handlers thereof during such fiscal period.
07 CFR 965.41 Budget.
As soon as practicable after the beginning of each fiscal period and
as may be necessary thereafter, the committee shall prepare an estimated
budget of income and expenditures necessary for the administration of
this part. The committee may recommend a rate of assessment calculated
to provide adequate funds to defray its proposed expenditures. The
committee shall present such budget to the Secretary with an
accompanying report showing the basis for its calculations.
07 CFR 965.42 Assessments.
(a) The funds to cover the committee's expenses shall be acquired by
the levying of assessments upon handlers as provided in this subpart.
Each handler who first handles tomatoes, which are regulated under this
part, shall pay assessments to the committee upon demand, which
assessments shall be in payment of such handler's pro rata share of the
committee's expenses. If a handler does not pay the assessment within
the time prescribed by the committee, the assessment may be increased by
a late payment charge or an interest charge, or both.
(b) Assessments, late payment charges and interest charges shall be
levied upon handlers at rates established by the Secretary. Such rates
may be established upon the basis of the committee's recommendations and
other available information. Such rates may be applied to specified
containers used in the production area.
(c) At any time during, or subsequent to, a given fiscal period the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all tomatoes which were regulated under
this part and which were handled by the first handler thereof during
such fiscal period.
(d) The payment of assessments for the maintenance and functioning of
the committee may be required under this part throughout the period it
is in effect irrespective of whether particular provisions thereof are
suspended or become inoperative.
(24 FR 2425, Mar. 28, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 82911, Dec. 17, 1980)
07 CFR 965.43 Accounting.
(a) If, at the end of a fiscal period, the assessments collected are
in excess of expenses incurred, such excess shall be accounted for in
accordance with one of the following:
(1) If such excess is not retained in a reserve, as provided in
paragraph (a)(2) of this section, it shall be refunded proportionately
to the persons from whom it was collected.
(2) The committee, with the approval of the Secretary, may carry over
such excess into subsequent fiscal periods as a reserve: Provided, That
funds already in the reserve do not exceed approximately two fiscal
periods budgeted expenses. Such reserve funds may be used (i) to defray
expenses, during any fiscal period, prior to the time assessment income
is sufficient to cover such expenses, (ii) to cover deficits incurred
during any fiscal period when assessment income is less than expenses,
(iii) to defray expenses incurred during any period when any or all
provisions of this part are suspended or are inoperative, (iv) to cover
necessary expenses of liquidation in the event of termination of this
part. Upon such termination, any funds not required to defray the
necessary expenses of liquidation shall be disposed of in such manner as
the Secretary may determine to be appropriate. To the extent practical,
such funds shall be returned pro rata to the persons from whom such
funds were collected.
(b) All funds received by the committee pursuant to the provisions of
this part shall be used solely for the purpose specified in this part
and shall be accounted for in the manner provided in this part. The
Secretary may at any time require the committee and its members to
account for all receipts and disbursements.
(c) Upon the removal or expiration of the term of office of any
member of the committee, such member shall account for all receipts and
disbursements and deliver all property and funds in his possession to
the committee, and shall execute such assignments and other instruments
as may be necessary or appropriate to vest in the committee full title
to all of the property, funds, and claims vested in such member pursuant
to this part.
(d) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person, to act as a trustee
for holding records, funds, or any other committee property during
periods of suspension of this subpart, or during any period or periods
when regulations are not in effect and if the Secretary determines such
action appropriate, he may direct that such person or persons shall act
as trustee or trustees for the committee.
(24 FR 2425, Mar. 28, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and as amended at 45 FR 82911, Dec. 17, 1980)
07 CFR 965.44 Contributions.
The committee may accept voluntary contributions but these shall only
be used to pay expenses incurred pursuant to 965.48. Furthermore, such
contributions shall be free from any encumbrances by the donor and the
committee shall retain complete control of their use.
(45 FR 82911, Dec. 17, 1980)
07 CFR 965.44 Research and Development
07 CFR 965.48 Research and development.
The committee, with the approval of the Secretary, may establish or
provide for the establishment of production research, marketing research
and development projects, and marketing promotion including paid
advertising designed to assist, improve, or promote the marketing,
distribution, and consumption or efficient production of tomatoes. The
expenses of such projects shall be paid from funds collected pursuant to
965.42 or 965.44.
(45 FR 82911, Dec. 17, 1980)
07 CFR 965.48 Regulation
07 CFR 965.50 Marketing policy.
Prior to or at the same time as initial recommendations are made
pursuant to 965.51, the committee shall submit to the Secretary a
report setting forth the marketing policy it deems desirable for the
industry to follow in shipping tomatoes from the production area during
the ensuing season. Additional reports shall be submitted from time to
time if it is deemed advisable by the committee to adopt a new marketing
policy because of changes in the demand and supply situation with
respect to tomatoes. The committee shall publicly announce the
submission of each such marketing policy report and copies thereof shall
be available at the committee's office for inspection by any producer or
any handler. In determining each such marketing policy the committee
shall give due consideration to the following:
(a) Market prices of tomatoes, including prices by grades, sizes, and
quality in different packs, and such prices by foreign competing areas;
(b) Supply of tomatoes, by grade, size, and quality in the production
area, and in other production areas, including foreign competing
production areas;
(c) Trend and level of consumer income;
(d) Marketing conditions affecting tomato prices; and
(e) Other relevant factors.
07 CFR 965.51 Recommendations for regulations.
The committee, upon complying with the requirements of 965.50, may
recommend regulations to the Secretary whenever it finds that such
regulations as are provided for in this subpart will tend to effectuate
the declared policy of the act.
07 CFR 965.52 Issuance of regulations.
(a) The Secretary shall limit by regulation the handling of tomatoes
whenever he finds from the recommendations and information submitted by
the committee, or from other available information, that such regulation
would tend to effectuate the declared policy of the act.
(b) Such regulation may:
(1) Limit, in any or all portions of the production area, the
handling of particular grades, sizes, qualities, or packs of any or all
varieties of tomatoes during any period; or
(2) Limit the handling of particular grades, sizes, qualities, or
packs of tomatoes differently, for different varieties, for different
stages of maturity, for different portions of the production area, for
different containers, for different purposes specified in 965.54, or
any combination of the foregoing, during any period; or
(3) Limit the shipment of tomatoes by establishing, in terms of
grades, sizes, or both, minimum standards of quality and maturity; or
(4) Fix the size, weight, capacity, dimensions, or pack of the
container or containers which may be used in the packaging,
transportation, sale, shipment, or other handling of tomatoes.
07 CFR 965.53 Minimum quantities.
The committee, with the approval of the Secretary, may establish, for
any or all portions of the production area, minimum quantities below
which handling will be free from regulations issued or effective
pursuant to 965.42, 965.52, 965.54, or 965.60, or any combination
thereof.
07 CFR 965.54 Handling for special purposes.
Upon the basis of recommendations and information submitted by the
committee, or other available information, the Secretary, whenever he
finds that it will tend to effectuate the declared policy of the act,
shall modify, suspend, or terminate regulations issued pursuant to
965.42, 965.52, 965.53, or 965.60, or any combination thereof, in
order to facilitate shipments of tomatoes for the following purposes:
(a) For export;
(b) For relief or for charity;
(c) For processing;
(d) For experimental projects; or
(e) For other purposes which may be specified.
07 CFR 965.55 Notification of regulation.
The Secretary shall notify the committee of any regulations issued or
of any modification, suspension, or termination thereof. The committee
shall give reasonable notice thereof to handlers.
07 CFR 965.56 Safeguards.
(a) The committee, with the approval of the Secretary, may prescribe
adequate safeguards to prevent tomatoes handled pursuant to 965.53 or
965.54 from entering channels of trade for other than the specific
purpose authorized therefor, and rules governing the issuance and the
contents of Certificates of Privilege, if such certificates are
prescribed as safeguards by the committee. Such safeguards may include
requirements that:
(1) Handlers shall file applications with the committee to handle
tomatoes pursuant to 965.53 and 965.54; or
(2) Handlers shall obtain inspection provided by 965.60, or pay the
assessment levied pursuant to 965.42, or both, in connection with
shipments made under 965.54.
(3) Handlers shall obtain Certificates of Privilege from the
committee for handling of tomatoes affected or to be affected under the
provisions of 965.53 and 965.54.
(b) The committee may rescind or deny Certificates of Privilege to
any handler if proof is obtained that tomatoes handled by him for the
purposes stated in 965.53 and 965.54 were handled contrary to the
provisions of this part.
(c) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of tomatoes covered by such applications, the number of such
applications denied and certificates granted, the quantity of tomatoes
handled under duly issued certificates, and such other information as
may be requested.
07 CFR 965.56 Inspection
07 CFR 965.60 Inspection and certification.
(a) During any period in which handling of tomatoes is regulated
pursuant to this subpart no handler shall handle tomatoes unless such
tomatoes have been inspected by an authorized representative of the
Federal Inspection Service, or such other inspection service as the
Secretary shall designate, and are covered by a valid inspection
certificate, except when relieved from such requirements pursuant to
965.53, or 965.54, or both. Handlers may be required, upon
recommendation of the committee and approval of the Secretary, to mark
or indicate on the containers that the tomatoes therein have been
inspected.
(b) Regrading, resorting, or repacking any lot of tomatoes shall
invalidate any prior inspection certificates insofar as the requirements
of this section are concerned. No handler shall handle tomatoes after
they have been regraded, resorted, repacked, or in any other way further
prepared for market, unless each lot of such tomatoes is inspected by an
authorized representative of the Federal Inspection Service, or such
other inspection service as the Secretary shall designate: Provided,
That the committee, with approval of the Secretary, may provide for
waiving inspection requirements on any tomatoes in circumstances where
it appears reasonably certain that, after regarding, resorting, or
repacking, such tomatoes meet the applicable quality and other standards
then in effect.
(c) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(d) When tomatoes are inspected in accordance with the requirements
of this section, a copy of each inspection certificate issued shall be
made available to the committee by the inspection service.
(e) The committee may recommend and the Secretary may require that no
handler shall transport or cause the transportation of tomatoes by motor
vehicle or by other means unless shipment is accompanied by a copy of
the inspection certificate issued thereon, or such other documents as
may be required by the committee. Such certificates or documents shall
be surrendered to proper authorities at such times and in such manner as
may be designated by the committee, with the approval of the Secretary.
(24 FR 2425, Mar. 28, 1959. Redesignated at 26 FR 1275, Dec. 30,
1961, and amended at 45 FR 82911, Dec. 17, 1980)
07 CFR 965.60 Exemptions
07 CFR 965.70 Procedure.
The committee may adopt, with approval of the Secretary, the
procedures pursuant to which certificates of exemption will be issued to
producers or handlers.
07 CFR 965.71 Granting exemptions.
The committee shall issue certificates of exemption to any producer
who applies for such exemption and furnishes adequate evidence to the
committee, that by reason of a regulation issued pursuant to 965.52 he
will be prevented from handling as large a proportion of his production
as the average proportion of production handled during the entire
season, or such portion thereof as may be determined by the committee,
by all producers in said applicant's immediate production area and that
the grade, size, or quality of the applicant's tomatoes have been
adversely affected by acts beyond the applicant's control and beyond
reasonable expectation. Each certificate shall permit the producer to
handle the amount of tomatoes specified thereon. Such certificate shall
be transferred with such tomatoes at time of transportation or sale.
07 CFR 965.72 Investigation.
The committee shall be permitted at any time to make a thorough
investigation of any producer's claim pertaining to exemptions.
07 CFR 965.73 Appeal.
If any applicant for exemption certificates is dissatisfied with the
determination by the committee with respect to his application, said
applicant may file an appeal with the committee. Such an appeal must be
taken promptly after the determination by the committee from which the
appeal is taken. Any applicant filing an appeal shall furnish evidence
satisfactory to the committee for a determination on the appeal. The
committee shall thereupon reconsider the application, examine all
available evidence, and make a final determination concerning the
application. The committee shall notify the appellant of the final
determination, and shall furnish the Secretary with a copy of the appeal
and a statement of considerations involved in making the final
determination.
07 CFR 965.74 Records.
(a) The committee shall maintain a record of all applications
submitted for exemption certificates, a record of all exemption
certificates issued and denied, the quantity of tomatoes covered by such
exemption certificates, a record of appeals for reconsideration of
applications, and such other information as may be requested by the
Secretary. Periodic reports on such records shall be compiled and
issued by the committee upon request of the Secretary.
(b) The Secretary shall have the right to modify, change, alter, or
rescind any procedure and any exemptions granted pursuant to 965.70,
965.71, 965.72, or 965.73, or any combination thereof.
07 CFR 965.74 Reports
07 CFR 965.80 Reports.
Upon the request of the committee, made with approval of the
Secretary, each handler shall furnish to the committee in such manner
and at such time as it may prescribe, reports and other information as
may be necessary for the committee to perform its duties under this
part. In this connection:
(a) Such reports may include, but are not necessarily limited to, the
following: (1) The quantities of tomatoes received by a handler; (2)
the quantities disposed of by him, segregated as to the respective
quantities subject to regulation, and not subject to regulation; (3)
the date of each such disposition and the identification of the carrier
transporting such tomatoes; and (4) identification of the inspection
certificates and the exemption certificates, if any, pursuant to which
the tomatoes were handled, together with the destination of each
exempted disposition and of all tomatoes handled pursuant to 965.53
and 965.54.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employees
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to prohibition of
disclosure of individual handlers' identities or operations.
(c) Each handler shall maintain for at least two succeeding years
such records of the tomatoes received and disposed of by such handler as
may be necessary to verify the reports he submits to the committee
pursuant to this section.
07 CFR 965.80 Compliance
07 CFR 965.81 Compliance.
Except as provided in this part, no handler shall handle tomatoes,
the handling of which has been prohibited by the Secretary in accordance
with provisions of this part, or the rules and regulations thereunder,
and no handler shall handle tomatoes except in conformity to the
provisions of this part.
07 CFR 965.81 Miscellaneous Provisions
07 CFR 965.82 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 965.83 Effective time.
The provisions of this subpart, or any amendment thereto, shall
become effective at such time as the Secretary may declare and shall
continue in force until terminated in one of the ways specified in this
subpart.
07 CFR 965.84 Termination.
(a) The Secretary may, at any time, terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers, who during a representative period,
have been engaged in the production of tomatoes for market: Provided,
That such majority has, during such representative period, produced for
market more than fifty percent of the volume of such tomatoes produced
for market.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 965.85 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart the then
functioning members of the committee shall continue as joint trustees
for the purpose of liquidating the affairs of the committee of all the
funds and property then in the possession of or under control of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall, upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such persons full title and right to all of the
funds, property, and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 965.86 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not (a) affect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provisions
of this subpart or any regulation issued under this subpart, or (b)
release or extinguish any violation of this subpart, or of any
regulations issued under this subpart, or (c) affect or impair any
rights or remedies of the Secretary or of any other person with respect
to any such violations.
07 CFR 965.87 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 965.88 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this subpart.
07 CFR 965.89 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 965.90 Personal liability.
No member or alternate of the committee nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, agent, or employee,
except for acts of dishonesty, willful misconduct, or gross negligence.
07 CFR 965.91 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing, shall
not be affected thereby.
07 CFR 965.92 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 965.92 Subpart -- Rules and Regulations
Source: 24 FR 4132, May 22, 1959, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 965.92 General
07 CFR 965.100 Communications.
Unless otherwise provided in this part, or by specific direction of
the committee, all reports, applications, submittals, requests, and
communications in connection with the marketing order shall be addressed
to the Texas Valley Tomato Committee at its principal office.
07 CFR 965.100 Definitions
07 CFR 965.110 Order.
Order means Marketing Order No. 965 ( 965.1 to 965.92) regulating
the handling of tomatoes grown in the counties of Cameron, Hidalgo,
Starr, and Willacy in Texas (Lower Rio Grande Valley).
07 CFR 965.111 Terms.
Terms used in this subpart shall have the same meaning as when used
in this part.
07 CFR 965.112 Registered handler.
(a) For purposes of this part, any person who operates an established
tomato packing house within the production area, with facilities for
grading and packing tomatoes for market, and who customarily buys
tomatoes from producers for grading, packing, and marketing, may be
listed by the committee as a registered handler; (b) any other person
who desires to be listed as a registered handler may make application
for registration on forms furnished by the committee. If the applicant
has facilities available to him that are determined by the committee to
be adequate for grading and packing tomatoes for market and he assumes
responsibility for inspection of tomatoes handled by him, and for
assessments thereon, he shall be listed by the committee as a registered
handler; (c) if it is determined from the available information that
the applicant is not entitled to be registered with the committee, he
shall be so informed by written notice stating the reason for denial of
his application; (d) any registration of a handler pursuant to this
section may be canceled by the committee under circumstances which would
have justified denial of this application. Any handler whose
registration has been canceled shall be so informed by written notice
thereof stating the reason therefor. The committee shall also notify
producers of each such cancellation of handler registration through
committee bulletins or published notice in local newspapers of general
distribution, or both.
07 CFR 965.113 Registered repacker.
For purposes of this part, any handler may qualify as a registered
repacker by furnishing evidence to the committee that his repacking
plant (a) is located within the production area; (b) is equipped with
ripening rooms, including mechanical equipment for properly maturing
tomatoes; and (c) is regularly engaged in repacking tomatoes for
market. If the applicant meets the foregoing qualifications and agrees
to provide from time to time, as requested by the committee, evidence,
either in the form of reports or upon inspection by committee
representatives, that tomatoes grown in the production area and repacked
by him were repacked from tomatoes which had previously been inspected
and certified as meeting regulations issued under 965.52, he shall be
listed by the committee as a registered repacker.
07 CFR 965.114 Fiscal period.
The fiscal period which extends from March 1, 1963, through February
29, 1964 (28 FR 6732), shall end July 31, 1963. Beginning August 1,
1963, and thereafter, the fiscal period shall begin August 1 of each
year and end July 31 of the following year, both dates inclusive.
(28 FR 13769, Dec. 18, 1963)
07 CFR 965.114 Safeguards
07 CFR 965.120 Policy.
Whenever shipments of tomatoes for special purposes pursuant to
965.54 are relieved in whole or in part from grade and size regulations
issued under 965.52 the committee may require information and evidence
as to the manner, methods, and timing of such shipments as safeguards
against the entry of any such tomatoes into trade channels other than
those for which intended. Such information and evidence may include the
requirements set forth below with respect to Certificates of Privilege.
07 CFR 965.121 Qualification.
Before handling tomatoes for special purposes which do not meet
regulations issued pursuant to 965.52, a handler must qualify with the
committee to handle shipments for special purposes. To qualify he must
(a) apply for and receive a Certificate of Privilege indicating his
intent to so handle tomatoes; (b) agree to comply with reporting and
other requirements set forth in 965.121 to 965.125, inclusive, with
respect to such shipments; and (c) receive approval of the committee,
or its duly authorized agents, to so handle tomatoes. Such approval
will be based upon evidence furnished in his application for a
Certificate of Privilege, and other information available to the
committee.
07 CFR 965.122 Application.
Applications for Certificates of Privilege shall be made on forms
furnished by the committee. Each application may contain, but need not
be limited to, the name and address of the handler; the quantity by
grade; size, quality and variety of the tomatoes to be shipped; the
mode of transportation; the consignee; the destination; the purpose
for which the tomatoes are to be used; and any other appropriate
information or documents deemed necessary by the committee or its duly
authorized agents for the purposes stated in 965.120.
07 CFR 965.123 Approval.
The committee or its duly authorized agents shall give prompt
consideration to each application for a Certificate of Privilege.
Approval of an application, based upon a determination as to whether the
information contained therein supports approval shall be evidenced by
the issuance of a Certificate of Privilege to the applicant named
therein for a specified period of time during which, upon the basis of
the committee action, the applicant may ship a specified quality and
quantity of tomatoes to the designated receiver for the purpose
declared.
07 CFR 965.124 Reports.
Each handler handling Certificates of Privilege shipments of tomatoes
shall supply the committee with reports as requested by the committee or
its duly authorized agents showing the name and address of the shipper;
the car or truck identification; the loading point; destination;
consignee; the inspection certificate number when inspection is
required; and any other information deemed necessary by the committee.
07 CFR 965.125 Disqualification.
The committee from time to time may conduct surveys of handling of
tomatoes under Certificates of Privilege to determine whether handlers
are complying with the requirements of this subpart. Whenever the
committee finds that a handler is failing to comply with requirements
set forth in the regulations applicable to special shipments and in the
aforesaid sections, his Certificate or Certificates of Privilege shall
be rescinded or denied. Such disqualification shall apply to, and not
exceed, a reasonable period of time as determined by the committee. Any
handler who has a certificate rescinded or denied may appeal to the
committee in writing for reconsideration of his disqualification.
07 CFR 965.125 Exemption Procedures
07 CFR 965.130 Application.
Any person applying for exemption from regulations issued pursuant to
965.52 shall file such application with the committee, or its duly
authorized agent for such purpose, on forms furnished by the committee.
Each application shall state the name and address of the applicant, the
grade, size, and quality regulations from which exemption is requested;
and facts demonstrating that the tomatoes, for which exemption is
requested, were adversely affected by acts beyond his control or by acts
beyond the applicant's reasonable expectation. Applications shall set
forth such additional information as the committee may find necessary in
making determinations with respect thereto, including the information
required on producers' applications by paragraphs (a) and (b) of this
section.
(a) The location and tomato acreage of the farm on which the tomatoes
for which exemption is requested were grown, the location where such
tomatoes are to be prepared for market, and the loading point from which
such tomatoes are to be shipped if exemption is granted;
(b) Quantity (by grade, size, quality, and maturity) of tomatoes
harvested from such acreage prior to date of application, and to be
harvested subsequent to such date, during the remainder of the season or
specific portion thereof (as may be determined pursuant to this part);
an estimate of the portion of such tomatoes which can be handled under
regulations issued pursuant to 965.52, during the remainder of the
season; and the reason why the tomatoes which cannot be handled under
such regulations do not meet the requirements of such regulations.
07 CFR 965.131 Investigations.
The committee may authorize investigations of applications by its
employees, and such other persons as may be necessary to procure
adequate information to pass upon the merits of such applications.
07 CFR 965.132 Issuance.
(a) The committee, or its duly authorized agents, shall give prompt
consideration to all statements and facts relating to each application
for exemption, and, pursuant to applicable provisions of this part, a
determination shall be made as to whether or not the application is
approved. The determination, if approving the application, shall be
evidenced by the issuance of a certificate of exemption pursuant to
965.71: Provided, That a separate certificate may be issued, at the
request of an applicant, for each affected field.
(b) The applicant shall be notified in writing if his request for
exemption is denied.
(c) Each exemption certificate issued pursuant to this subpart shall
be on a form duly approved by the committee and signed by an authorized
representative of such committee. At least one copy of each exemption
certificate issued shall be retained in the committee records. Each
such certificate shall contain the name and address of the recipient,
the location of all tomatoes authorized to be shipped thereunder, the
quantity (by grade, size, quality and maturity) of tomatoes which will
be permitted in the exempted shipments and such other information as may
be deemed necessary by the committee to provide such committee, the
recipient, or both, with adequate and specific information regarding
such exempted tomatoes.
07 CFR 965.133 Disposition of certificates.
(a) Each lot of tomatoes handled under an exemption certificate shall
be accompanied by such certificate, or such appropriate identifying
information with respect to such certificate as the committee may
require, to facilitate the administration of regulatory provisions
applicable thereto.
(b) Each shipment of a lot, or portion thereof, of tomatoes covered
by an exemption certificate shall be accompanied by a Federal Inspection
Certificate which shall show the exemption certificate number covering
the lot.
07 CFR 965.134 Reports.
Persons handling tomatoes under exemption certificates shall, at such
time as may be specified in such certificates, report thereon to the
committee the names and addresses of the receivers of such tomatoes, the
quantity shipped (by grade, size, quality and maturity), the inspection
certificates issued with respect thereto, the dates of such shipments,
and such other information as may be requested by such committee in
order to administer the regulatory provisions applicable thereto.
07 CFR 965.135 Appeals.
If any applicant is dissatisfied with the determination of the
committee regarding an application for an exemption certificate, or any
duly issued exemption certificate, an appeal by such applicant may be
taken to such committee in accordance with 965.73.
07 CFR 965.150 Reestablishment of districts.
Effective August 1, 1979, districts within the production area are
reestablished, pursuant to 965.25 Redistricting, as follows: District
No. 1, the County of Cameron, and District No. 4, the County of
Willacy, and their respective membership are combined to form a new
District No. 1; and District No. 2, the County of Hidalgo, and
District No. 3, the County of Starr, and their respective membership
are combined to form a new District No. 2.
(43 FR 47486, Oct. 16, 1978)
07 CFR 965.151 Selection.
Effective August 1, 1979, the Secretary shall select four members and
their respective alternates to represent District No. 1, and five
members and their respective alternates to represent District No. 2.
(43 FR 47486, Oct. 16, 1978)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .200 through .299) and
''Handling'' regulations (e.g., sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 965.151 PART 966 -- TOMATOES GROWN IN FLORIDA
07 CFR 965.151 Pt. 966
07 CFR 965.151 Subpart -- Order Regulating Handling
Sec.
966.1 Secretary.
966.2 Act.
966.3 Person.
966.4 Production area and regulated area.
966.5 Tomatoes.
966.6 Handler.
966.7 Handle.
966.8 Producer.
966.9 Grading.
966.10 Grade and size.
966.11 Pack.
966.12 Maturity.
966.13 Container.
966.14 Varieties.
966.15 Committee.
966.16 Fiscal period.
966.17 District.
966.18 Export.
966.22 Establishment and membership.
966.23 Term of office.
966.24 Districts.
966.25 Redistricting.
966.26 Selection.
966.27 Nomination.
966.28 Failure to nominate.
966.29 Acceptance.
966.30 Vacancies.
966.31 Alternate members.
966.32 Procedure.
966.33 Expenses and compensation.
966.34 Powers.
966.35 Duties.
966.40 Expenses.
966.41 Budget.
966.42 Assessments.
966.43 Accounting.
966.44 Excess funds.
966.45 Contributions.
966.48 Research and promotion.
966.50 Marketing policy.
966.51 Recommendations for regulations.
966.52 Issuance of regulations.
966.53 Minimum quantities.
966.54 Shipments for special purposes.
966.55 Notification of regulation.
966.56 Safeguards.
966.60 Inspection and certification.
966.70 Procedure.
966.71 Granting exemptions.
966.72 Investigation.
966.73 Appeal.
966.74 Records.
966.80 Reports.
966.81 Compliance.
966.82 Right of the Secretary.
966.83 Effective time.
966.84 Termination.
966.85 Proceedings after termination.
966.86 Effect of termination or amendment.
966.87 Duration of immunities.
966.88 Agents.
966.89 Derogation.
966.90 Personal liability.
966.91 Separability.
966.92 Amendments.
07 CFR 965.151 Subpart -- Rules and Regulations
966.100 Communications.
966.110 Order.
966.111 Marketing Agreement.
966.112 Terms.
966.113 Registered handler.
966.120 Application for Certificate of Privilege.
966.121 Issuance.
966.122 Reports.
966.123 Denial and appeal.
966.130 Application.
966.131 Investigations.
966.132 Issuance.
966.133 Disposition of certificates.
966.134 Reports.
966.135 Appeals.
966.140 Truck shipments.
966.150 Meaning of ''producer''.
966.160 Reestablishment of districts.
966.161 Reapportionment of Committee Membership.
966.323 Handling regulation.
Authority: Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. 608c.
07 CFR 965.151 Subpart -- Order Regulating Handling
Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 965.151 Definitions
07 CFR 966.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department to whom authority has
heretofore been delegated, or to whom authority may hereafter be
delegated, to act in his stead.
07 CFR 966.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68
Stat. 906, 1047).
07 CFR 966.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 966.4 Production area and regulated area.
(a) Production area means the counties of Pinellas, Hillsborough,
Polk, Osceola, and Brevard in the State of Florida, and all the counties
of that State situated south of such counties.
(b) Regulated area means that portion of the State of Florida which
is bounded by the Suwannee River, the Georgia border, the Atlantic
Ocean, and the Gulf of Mexico.
(33 FR 8585, June 12, 1968, as amended at 34 FR 19186, Dec. 4, 1969)
07 CFR 966.5 Tomatoes.
Tomatoes means all varieties of the edible fruit (Lycopersicon
esculentum) commonly known as tomatoes and grown within the production
area.
07 CFR 966.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier transporting tomatoes for another person)
who, as owner, agent, or otherwise, handles fresh tomatoes or causes
fresh tomatoes to be handled.
(33 FR 8585, June 12, 1968)
07 CFR 966.7 Handle.
Handle or ship means to sell, transport, deliver, or in any other way
to place fresh tomatoes, produced in the production area, in the current
of commerce within the regulated area or between any point in the
regulated area and any point outside thereof. Such term shall not
include the transportation, sale or delivery of field-run tomatoes
within the production area by the producer thereof to a registered
handler for the purpose of having such tomatoes prepared for market. A
registered handler is a handler who has adequate facilities in the
production area for grading and packing tomatoes and who is registered
with the committee pursuant to rules established with the approval of
the Secretary.
(34 FR 19186, Dec. 4, 1969)
07 CFR 966.8 Producer.
Producer means any person engaged in a proprietary capacity in the
production of tomatoes for market.
07 CFR 966.9 Grading.
Grading is synonymous with preparation for market and means the
sorting or separation of tomatoes into grades, sizes, maturities, and
packs for market purposes.
07 CFR 966.10 Grade and size.
Grade means any one of the established grades of tomatoes and size
means any one of the established sizes of tomatoes as defined and set
forth in U.S. Standards for Fresh Tomatoes ( 51.1855 to 51.1877 of this
title or U.S. Consumer Standards for Fresh Tomatoes ( 51.1900 to
51.1913 of this title), both issued by the United States Department of
Agriculture, or amendments thereto, or modifications thereof, or
variations based thereon recommended by the committee and approved by
the Secretary.
07 CFR 966.11 Pack.
Pack means any of the packs of tomatoes as defined and set forth in
the United States Standards for Fresh Tomatoes issued by the United
States Department of Agriculture ( 51.1855 to 51.1877 of this title),
or any pack of tomatoes recommended by the committee and approved by the
Secretary.
07 CFR 966.12 Maturity.
Maturity means any of the various degrees of ripeness of tomatoes as
established by the committee with approval of the Secretary as
determined at the time of the inspection, pursuant to 966.60(a).
(34 FR 19186, Dec. 4, 1969)
07 CFR 966.13 Container.
Container means a box, bag, crate, hamper, basket, package, tube,
bulk load or any other type of unit used in the packaging,
transportation, sale, shipment, or handling of tomatoes.
07 CFR 966.14 Varieties.
Varieties means and includes all classifications or subdivisions of
tomatoes according to those definitive characteristics now or hereafter
recognized by the United States Department of Agriculture.
07 CFR 966.15 Committee.
Committee means the Florida Tomato Committee, established pursuant to
966.22.
07 CFR 966.16 Fiscal period.
Fiscal period means the period beginning August 1 and ending July 31
following.
07 CFR 966.17 District.
District means each one of the geographic divisions of the production
area initially established pursuant to 966.24, or as reestablished
pursuant to 966.25.
07 CFR 966.18 Export.
Export means shipment of tomatoes beyond the boundaries of the 48
contiguous States (including the District of Columbia) of the United
States.
(34 FR 19186, Dec. 4, 1969)
07 CFR 966.18 Committee
07 CFR 966.22 Establishment and membership.
(a) The Florida Tomato Committee, consisting of 12 producer members,
is hereby established. For each member of the committee there shall be
an alternate who shall have the same qualifications as the member.
(b) Each person selected as a committee member or alternate shall be
an individual who is a producer, or an officer or an employee of a
corporate producer, in the district for which selected and a resident of
the production area.
(33 FR 8586, June 12, 1968)
07 CFR 966.23 Term of office.
(a) The term of office of committee members, and their respective
alternates, shall be for 1 year and shall begin as of August 1 and end
as of July 31.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof beginning on the date on which they qualify during such
term of office and continuing until the end thereof, and until their
successors are selected and have qualified.
07 CFR 966.24 Districts.
For the purpose of determining the basis for selecting committee
members the following districts of the production area are hereby
initially established.
District No. 1. The counties of Broward and Dade in the State of
Florida;
District No. 2. The counties of Brevard, Glades, Indian River,
Martin, Osceola, Okeechobee, Palm Beach, and St. Lucie in the State of
Florida;
District No. 3. The counties of Charlotte, Collier, Hendry, Lee, and
Monroe in the State of Florida; and
District No. 4. The counties of De Soto, Hardee, Highlands,
Hillsborough, Manatee, Pinellas, Polk, and Sarasota in the State of
Florida.
(33 FR 8586, June 12, 1968)
07 CFR 966.25 Redistricting.
The committee may recommend, and pursuant thereto, the Secretary may
approve, the reapportionment of members among districts, and the
reestablishment of districts within the production area. In
recommending any such changes, the committee shall give consideration
to: (a) Shifts in tomato acreage within districts and within the
production area during recent years; (b) the importance of new
production in its relation to existing districts; (c) the equitable
relationship of committee membership and districts; (d) economies to
result for producers in promoting efficient administration due to
redistricting or reapportionment of members within districts; and (e)
other relevant factors. No change in districting or in apportionment of
members within districts may become effective within less than 30 days
prior to the date on which terms of office begin each year and no
recommendations for such redistricting or reapportionment may be made
less than six months prior to such date.
07 CFR 966.26 Selection.
The Secretary shall select initially 3 members of the committee with
their respective alternates, from each district.
07 CFR 966.27 Nomination.
The Secretary may select the members of the committee and alternates
from nominations which may be made in the following manner:
(a) A meeting or meetings of producers shall be held in each district
to nominate members and alternates for the committee. The committee
shall hold such meetings or cause them to be held prior to June 15 of
each year or by such other date as may be approved by the Secretary
pursuant to recommendation of the committee.
(b) At each such meeting at least one nominee shall be designated for
each position as member and for each position as alternate on the
committee.
(c) Nominations for committee members and alternates shall be
supplied to the Secretary in such manner and form as he may prescribe,
not later than July 15 of each year, or by such other date as may be
approved by the Secretary pursuant to recommendation of the committee.
(d) Only producers may participate in designating nominees for
members and alternates on the committee. In the event a person is
engaged in producing tomatoes in more than one district, such person
shall elect the district within which he may participate as aforesaid in
designating nominees; and
(e) Regardless of the number of districts in which a person produces
tomatoes, each such person is entitled to cast only one vote on behalf
of himself, his agents, subsidiaries, affiliates, and representatives in
designating nominees for committee members and alternates. An eligible
voter's privilege of casting only one vote as aforesaid shall be
construed to permit a voter to cast one vote for each position to be
filled in the respective district in which he elects to vote.
(20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 33 FR 8586, June 12, 1968)
07 CFR 966.28 Failure to nominate.
If nominations are not made within the time and in the manner
specified in 966.27, the Secretary may, without regard to nominations,
select the committee members and alternates, which selection shall be on
the basis of the representation provided for in 966.24 through 966.26
inclusive.
07 CFR 966.29 Acceptance.
Any person selected as a committee member or alternate shall qualify
by filing a written acceptance with the Secretary within ten days after
being notified of such selection.
07 CFR 966.30 Vacancies.
To fill committee vacancies, the Secretary may select such members or
alternates from unselected nominees on the current nominee list from the
district involved, or from nominations made in the manner specified in
966.27. If the names of nominees to fill any such vacancy are not made
available to the Secretary within 30 days after such vacancy occurs,
such vacancy may be filled without regard to nominations, which
selection shall be made on the basis of the representation provided for
in 966.24 through 966.26 inclusive.
07 CFR 966.31 Alternate members.
An alternate member of the committee shall act in the place and stead
of the member for whom he is an alternate, during such member's absence.
In the event of the death, removal, resignation, or disqualification of
a member, his alternate shall act for him until a successor of such
member is selected and has qualified.
07 CFR 966.32 Procedure.
(a) Eight members of the committee shall be necessary to constitute a
quorum and the same number of concurring votes shall be required to pass
any motion or approve any committee action.
(b) If both a member and respective alternate are unable to attend a
committee meeting, the committee may designate any other alternate
present from the same district to serve in place of the absent member.
(c) The committee may provide for meeting by telephone, telegraph, or
other means of communication, and any vote cast at such a meeting shall
be promptly confirmed in writing: Provided, That if any assembled
meeting is held, all votes shall be cast in person.
(20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 33 FR 8586, June 12, 1968; 51 FR 30474, Aug. 27,
1986)
07 CFR 966.33 Expenses and compensation.
Committee members and alternates may be reimbursed for expenses
necessarily incurred by them in the performance of duties and in the
exercise of powers under this part.
07 CFR 966.34 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 966.35 Duties.
It shall be, among other things, the duty of the committee:
(a) At the beginning of each term of office, to meet and organize, to
select a chairman and such other officers as may be necessary, to select
subcommittees of committee members, and to adopt such rules and
regulations for the conduct of its business as it may deem advisable;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary and to determine the salaries and define the duties of
each such person;
(e) To investigate from time to time and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
tomatoes;
(f) To prepare a marketing policy;
(g) To recommend marketing regulations to the Secretary;
(h) To recommend rules and procedures for, and to make determinations
in connection with, issuance of certificates of privilege or exemptions,
or both;
(i) To investigate an applicant's claim for exemptions;
(j) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books and
records shall be subject to examination at any time by the Secretary or
his authorized agent or representative. Minutes of each committee
meeting shall be reported promptly to the Secretary;
(k) At the beginning of each fiscal period, to prepare a budget of
its expenses for such fiscal period, together with a report thereon;
(l) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal period, and at such other time as
the committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part; a copy of each such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of the committee for inspection by
producers and handlers; and
(m) To consult, cooperate, and exchange information with other
marketing agreement committees and other individuals or agencies in
connection with all proper committee activities and objectives under
this part.
07 CFR 966.35 Expenses and Assessments
07 CFR 966.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
may find are reasonable and likely to be incurred during each fiscal
period for its maintenance and functioning, and for such purposes as the
Secretary, pursuant to this subpart, determines to be appropriate.
Handlers shall share expenses upon the basis of a fiscal period. Each
handler's share of such expense shall be proportionate to the ratio
between the total quantity of tomatoes handled by him as the first
handler thereof during a fiscal period and the total quantity of
tomatoes handled by all handlers as first handlers thereof during such
fiscal period.
07 CFR 966.41 Budget.
At the beginning of each fiscal period and as may be necessary
thereafter, the committee shall prepare an estimated budget of income
and expenditures necessary for the administration of this part. The
committee may recommend a rate of assessment calculated to provide
adequate funds to defray its proposed expenditures. The committee shall
present such budget to the Secretary with an accompanying report showing
the basis for its calculations.
07 CFR 966.42 Assessments.
(a) The funds to cover the committee's expenses shall be acquired by
the levying of assessments upon handlers as provided in this subpart.
Each handler who first handles tomatoes shall pay assessments to the
committee upon demand, which assessments shall be in payment of such
handler's pro rata share of the committee's expenses.
(b) Assessments shall be levied upon handlers at rates established by
the Secretary. Such rates may be established upon the basis of the
committee's recommendations and other available information. Such rates
may be applied to specified containers used in the production area.
(c) At any time during, or subsequent to, a given fiscal period the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all tomatoes which were regulated under
this part and which were shipped by the first handler thereof during
such fiscal period.
(d) The payment of assessments for the maintenance and functioning of
the committee may be required under this part throughout the period it
is in effect irrespective whether particular provisions thereof are
suspended or become inoperative.
(e) In order to provide funds for the administration of the
provisions of this part, the committee may accept the payment of
assessments in advance, or may borrow money on a short-term basis not to
exceed one full-year coinciding with the existing committee's term of
office. The authority of the committee to borrow money may be used only
to meet financial obligations as they occur and to allow the committee a
season to adjust its reserve funds to meet any additional obligations.
(20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 51 FR 30474, Aug. 27, 1986)
07 CFR 966.43 Accounting.
(a) All funds received by the committee pursuant to the provisions of
this subpart shall be used solely for the purposes specified in this
part.
(b) The Secretary may at any time require the committee, its members
and alternates, employees, agents and all other persons to account for
all receipts and disbursements, funds, property, or records for which
they are responsible. Whenever any person ceases to be a member of the
committee or alternate, he shall account to his successor, the
committee, or to the person designated by the Secretary, for all
receipts, disbursements, funds and property (including but not being
limited to books and other records) pertaining to the committee's
activities for which he is responsible, and shall execute such
assignments and other instruments as may be necessary or appropriate to
vest in such successor, committee, or designated person, the right to
all of such property and funds and all claims vested in such person.
(c) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person, to act as a trustee
for holding records, funds, or any other committee property during
periods of suspension of this subpart, or during any period or periods
when regulations are not in effect and, if the Secretary determines such
action appropriate, he may direct that such person or persons shall act
as trustee or trustees for the committee.
07 CFR 966.44 Excess funds.
(a) If, at the end of a fiscal period, the assessments collected are
in excess of expenses incurred, such excess shall be accounted for in
accordance with one of the following:
(1) If such excess is not retained in a reserve, as provided in
paragraph (a)(2) of this section, to the extent practical it shall be
refunded proportionately to the persons from whom it was collected.
(2) The committee, with the approval of the Secretary, may establish
an operating monetary reserve and may carry over to subsequent fiscal
periods excess funds in a reserve so established: Provided, That funds
in the reserve shall not exceed approximately one fiscal period's
expenses. Such reserve funds may be used (i) to defray any expenses
authorized under this part, (ii) to defray expenses during any fiscal
period prior to the time assessment income is sufficient to cover such
expenses, (iii) to cover deficits incurred during any fiscal period when
assessment income is less than expenses, (iv) to defray expenses
incurred during any period when any or all provisions of this part are
suspended or are inoperative, and (v) to cover necessary expenses of
liquidation in the event of termination of this part. Upon such
termination any funds not required to defray the necessary expenses of
liquidation, and after reasonable effort by the committee it is found
impracticable to return such remaining funds to handlers, such funds
shall be disposed of in such manner as the Secretary may determine to be
appropriate.
(33 FR 8586, June 12, 1968)
07 CFR 966.45 Contributions.
The committee may accept voluntary contributions but these shall only
be used for production research, market research and development and
marketing and promotion including paid advertising pursuant to 966.48.
Furthermore, such contributions shall be free from any encumbrances by
the donor and the committee shall retain complete control of their use.
The committee is prohibited from accepting contributions from handlers
subject to the order, or any person whose contributions would constitute
a conflict of interest.
(51 FR 30474, Aug. 27, 1986)
07 CFR 966.45 Research and Development
07 CFR 966.48 Research and promotion.
The committee may, with the approval of the Secretary, establish, or
provide for the establishment of projects including production research,
marketing research and development projects, and marketing promotion
including paid advertising, designed to assist, improve or promote the
marketing, distribution and consumption or efficient production of
tomatoes. The expenses of such projects shall be paid by funds
collected pursuant to 966.42 and 966.45. Upon conclusion of each
project, but at least annually, the committee shall summarize the
program status and accomplishments, to its members and the Secretary. A
similar report to the committee shall be required of any contracting
party on any project carried out under this section. Also, for each
project the contracting party shall be required to maintain records of
money received and expenditures and such shall be available to the
committee and the Secretary.
(51 FR 30474, Aug. 27, 1986)
07 CFR 966.48 Regulation
07 CFR 966.50 Marketing policy.
Prior to or at the same time as initial recommendations are made
pursuant to 966.51, the committee shall submit to the Secretary a
report setting forth the marketing policy it deems desirable for the
industry to follow in shipping tomatoes from the production area during
the ensuring season. Additional reports shall be submitted from time to
time if it is deemed advisable by the committee to adopt a new or
modified marketing policy because of changes in the demand and supply
situation with respect to tomatoes. The committee shall publicly
announce the submission of each such marketing policy report and copies
thereof shall be available at the committee's office for inspection by
any producer or any handler. In determining each such marketing policy
the committee shall give due consideration to the following:
(a) Market prices of tomatoes, including prices by grades, sizes, and
quality in different packs, and such prices by foreign competing areas;
(b) Supply of tomatoes, by grade, size, and quality in the production
area, and in other production areas, including foreign competing
production areas;
(c) Trend and level of consumer income;
(d) Marketing conditions affecting tomato prices; and
(e) Other relevant factors.
07 CFR 966.51 Recommendations for regulations.
The committee, upon complying with the requirements of 966.50, may
recommend regulations to the Secretary whenever it finds that such
regulations, as are provided for in this subpart, will tend to
effectuate the declared policies of the act.
07 CFR 966.52 Issuance of regulations.
The Secretary shall limit the handling of tomatoes whenever he finds
from the recommendation and information submitted by the Committee, or
from other available information, that such regulation would tend to
effectuate the declared policy of the act. Such regulation may:
(a) Limit, in any or all portions of the production area, the
handling of particular grades, sizes, qualities (including maturity as a
factor of grade or quality), or packs of any or all varieties of
tomatoes, during any period; or
(b) Limit the handling of particular grades, sizes, qualities, or
packs of tomatoes differently, from different varieties, for different
stages of maturity, for different portions of the production area, for
different containers, for different markets, for different purposes
specified in 966.54, or any combination of the foregoing, during any
period; or
(c) Limit the handling of tomatoes by establishing, in terms of
grades, sizes, or both, minimum standards of quality and maturity; or
(d) Fix the size, weight, capacity, dimensions, markings (including
labels and stamps), or pack of the container or containers which may be
used in the packaging, transportation, sale, shipment, or other handling
of tomatoes.
(20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 33 FR 8586, June 12, 1968; 34 FR 19186, Dec. 4,
1969)
07 CFR 966.53 Minimum quantities.
The committee, with the approval of the Secretary, may establish, for
any or all portions of the production area, minimum quantities below
which handling will be free from regulations issued or effective
pursuant to 966.42, 966.52, 966.54, 966.60, or any combination
thereof.
07 CFR 966.54 Shipments for special purposes.
Upon the basis of recommendations and information submitted by the
committee, or other available information, the Secretary, whenever he
finds that it will tend to effectuate the declared policy of the act,
shall modify, suspend, or terminate regulations issued pursuant to
966.42, 966.52, 966.53, 966.60, or any combination thereof, in order to
facilitate handling of tomatoes for the following purposes:
(a) For export;
(b) For relief or for charity;
(c) For processing; or
(d) For other purposes which may be specified by the committee, with
the approval of the Secretary.
07 CFR 966.55 Notification of regulation.
The Secretary shall notify the committee of any regulations issued or
of any modification, suspension, or termination thereof. The committee
shall give reasonable notice thereof to handlers.
07 CFR 966.56 Safeguards.
(a) The committee, with the approval of the Secretary, may prescribe
adequate safeguards to prevent handling of tomatoes pursuant to 966.53
or 966.54 from entering channels of trade for other than the specific
purpose authorized therefor, and rules governing the issuance and the
contents of Certificates of Privilege if such certificates are
prescribed as safeguards by the committee. Such safeguards may include
requirements that:
(1) Handlers shall file applications with the committee to ship
tomatoes pursuant to 966.53 and 966.54; or
(2) Handlers shall obtain inspection provided by 966.60, or pay the
assessment levied pursuant to 966.42, or both, in connection with
shipments made under 966.54; or
(3) Handlers shall obtain Certificates of Privilege from the
committee to handle tomatoes effected or to be effected under the
provisions of 966.53 and 966.54.
(b) The committee may rescind or deny Certificates of Privilege to
any handler if proof is obtained that tomatoes handled by him for the
purposes stated in 966.53 and 966.54 were handled contrary to the
provisions of this part.
(c) The Secretary shall have the right to modify, change, alter, or
rescind any safeguards prescribed and any certificates issued by the
committee pursuant to the provisions of this section.
(d) The committee shall make reports to the Secretary, as requested,
showing the number of applications for such certificates, the quantity
of tomatoes covered by such applications, the number of such
applications denied and certificates granted, the quantity of tomatoes
handled under duly issued certificates, and such other information as
may be requested.
07 CFR 966.56 Inspection
07 CFR 966.60 Inspection and certification.
(a) During any period in which the handling of tomatoes is regulated
pursuant to this subpart no handler shall handle tomatoes unless such
tomatoes have been inspected and certified as meeting the requirements
of this subpart by an authorized representative of the Federal or
Federal-State Inspection Service, or such other inspection service as
the Secretary shall designate, and such tomatoes are covered by a valid
inspection certificate except when relieved from such requirements
pursuant to 966.53 or 966.54 or both.
(b) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the Secretary upon the recommendation of the committee.
(c) When tomatoes are inspected in accordance with the requirements
of this section a copy of each inspection certificate issued shall be
made available to the committee by the inspection service.
(34 FR 19186, Dec. 4, 1969)
07 CFR 966.60 Exemptions
07 CFR 966.70 Procedure.
The committee may adopt, with approval of the Secretary, the
procedures pursuant to which certificates of exemption will be issued to
producers or handlers.
07 CFR 966.71 Granting exemptions.
The committee shall issue certificates of exemption to any producer
who applies for such exemption and furnishes adequate evidence to the
committee, that by reason of a regulation issued pursuant to 966.52 he
will be prevented from handling as large a proportion of his production
as the average proportion of production handled during the entire
season, or such portion thereof as may be determined by the committee,
by all producers in said applicant's immediate production area and that
the grade, size, or quality of the applicant's tomatoes have been
adversely affected by acts beyond the applicant's control and by acts
beyond reasonable expectation. Each certificate shall permit the
producer to handle the amount of tomatoes specified thereon. Such
certificate shall be transferred with such tomatoes at time of
transportation or sale.
07 CFR 966.72 Investigation.
The committee shall be permitted at any time to make a thorough
investigation of any producer's or handler's claim pertaining to
exemptions.
07 CFR 966.73 Appeal.
If any applicant for exemption certificates is dissatisfied with the
determination by the committee with respect to his application, said
applicant may file an appeal with the committee. Such an appeal must be
taken promptly after the determination by the committee from which the
appeal is taken. Any applicant filing an appeal shall furnish evidence
satisfactory to the committee for a determination on the appeal. The
committee shall thereupon reconsider the application, examine all
available evidence, and make a final determination concerning the
application. The committee shall notify the appellant of the final
determination, and shall furnish the Secretary with a copy of the appeal
and a statement of considerations involved in making the final
determination.
07 CFR 966.74 Records.
(a) The committee shall maintain a record of all applications
submitted for exemption certificates, a record of all exemption
certificates issued and denied, the quantity of tomatoes covered by such
exemption certificates, a record of the amount of tomatoes handled under
exemption certificates, a record of appeals for reconsideration of
applications, and such information as may be requested by the Secretary.
Periodic reports on such records shall be compiled and issued by the
committee upon request of the Secretary.
(b) The Secretary shall have the right, to modify, change, alter, or
rescind any procedure and any exemptions granted pursuant to 966.70,
966.71, 966.72, 966.73, or any combination thereof.
07 CFR 966.74 Reports
07 CFR 966.80 Reports.
Upon request of the committee, made with approval of the Secretary,
each handler shall furnish to the committee, in such manner and at such
time as it may prescribe, such reports and other information as may be
necessary for the committee to perform its duties under this part.
(a) Such reports may include, but are not necessarily limited to, the
following: (1) The quantities of tomatoes received by a handler; (2)
the quantities disposed of by him, segregated as to the respective
quantities subject to regulation and not subject to regulation; (3) the
date of each such disposition and the identification of the carrier
transporting such tomatoes; and (4) identification of the inspection
certificates and the exemption certificates, if any, pursuant to which
the tomatoes were handled, together with the destination of each
exempted disposition, and of all tomatoes handled pursuant to 966.53
and 966.54.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employees
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to prohibition of
disclosure of individual handlers identities or operations.
(c) Each handler shall maintain for at least two succeeding years
such records of the tomatoes received and disposed of by such handler as
may be necessary to verify the reports he submits to the committee
pursuant to this section.
07 CFR 966.80 Miscellaneous Provisions
07 CFR 966.81 Compliance.
Except as provided in this subpart, no handler shall handle tomatoes,
the handling of which has been prohibited by the Secretary in accordance
with provisions of this subpart, and no handler shall handle tomatoes
except in conformity to the provisions of this subpart.
07 CFR 966.82 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 966.83 Effective time.
The provisions of this subpart, or any amendment thereto, shall
become effective at such time as the Secretary may declare and shall
continue in force until terminated in one of the ways specified in this
subpart.
07 CFR 966.84 Termination.
(a) The Secretary may, at any time, terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operations of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers, who during a representative period,
have been engaged in the production for market of tomatoes: Provided,
That such majority has, during such representative period, produced for
market more than fifty percent of the volume of such tomatoes produced
for market.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 966.85 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart the then
functioning members of the committee shall continue as joint trustees
for the purpose of liquidating the affairs of the committee of all the
funds and property then in the possession of or under control of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall, upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such person full title and right to all of the
funds, property and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 966.86 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not (a) affect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provision of
this subpart or any regulation issued under this subpart, or (b) release
or extinguish any violation of this subpart or of any regulations issued
under this subpart, or (c) affect or impair any rights or remedies of
the Secretary or of any other person with respect to any such
violations.
07 CFR 966.87 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 966.88 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the United States, or name any
agency in the United States Department of Agriculture, to act as his
agent or representative in connection with any of the provisions of this
subpart.
07 CFR 966.89 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 966.90 Personal liability.
No member or alternate of the committee nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, agent, or employee
except for acts of dishonesty, willful misconduct, or gross negligence.
07 CFR 966.91 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing, shall
not be affected thereby.
07 CFR 966.92 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 966.92 Subpart -- Rules and Regulations
Source: 21 FR 353, Jan. 19, 1956, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 966.92 General
07 CFR 966.100 Communications.
Unless otherwise provided in the marketing agreement and order, or by
specific direction of the committee, all reports, applications,
submittals, requests, and communications in connection with the
marketing agreement and order shall be addressed to the Florida Tomato
Committee at its principal office.
07 CFR 966.100 Definitions
07 CFR 966.110 Order.
Order means Order No. 966 ( 966.1 to 966.92) regulating the
handling of tomatoes grown in Florida.
07 CFR 966.111 Marketing Agreement.
Marketing Agreement means Marketing Agreement No. 125.
07 CFR 966.112 Terms.
Terms used in this subpart shall have the same meaning as when used
in the marketing agreement and order.
07 CFR 966.113 Registered handler.
For purposes of this part, a registered handler is a person who had
adequate facilities for grading tomatoes for market and who assumes
initial responsibility for compliance with inspection, assessment, and
other regulatory requirements on the handling of tomatoes grown in the
production area. Any person who wishes to become a registered handler
shall make application for registration with the committee on forms
prescribed by and available at the principal office of the committee.
If such applicant has facilities which are determined by the committee
as adequate for grading tomatoes, he may be approved as a registered
handler. Persons who make deliveries of ungraded tomatoes to such
registered handlers are hereby determined to be exempt from otherwise
applicable regulations pursuant to this part.
07 CFR 966.113 Safeguards
07 CFR 966.120 Application for Certificate of Privilege.
(a) Whenever handling is regulated pursuant to 966.53, each handler
desiring to make shipments of tomatoes for any of the following purposes
shall, prior thereto, apply to the committee for and obtain a
Certificate of Privilege permitting such shipment:
(1) For relief or charity; or
(2) For canning.
(b) Applications for Certificates of Privilege shall be made on forms
furnished by the committee. Each application shall contain the name and
address of the handler, and such other information as such committee may
require, such as, but not limited, to the quantity (by grade, size,
quality, and variety) of tomatoes to be shipped, the mode of
transportation, consignee, destination, and other appropriate
information or documents necessary to safeguard against the entry of
such tomatoes into trade channels other than those for which the
Certificate of Privilege is granted.
07 CFR 966.121 Issuance.
The committee, or its duly authorized agents, shall give prompt
consideration to each application for a Certificate of Privilege and
shall determine whether the application is approved. Approval of an
application shall be evidenced by the issuance of a Certificate of
Privilege authorizing the applicant named therein to ship tomatoes for a
specified purpose for a specified period of time.
07 CFR 966.122 Reports.
Each handler handling tomatoes under and pursuant to a Certificate of
Privilege shall supply the committee with a report thereon within the
time specified on the application for such certificate showing the name
and address of the shipper, car or truck identification, loading point,
destination, consignee, and, when inspection is required, the
Federal-State Inspection Certificate number.
07 CFR 966.123 Denial and appeal.
The committee may rescind a Certificate of Privilege issued to a
handler, or deny a Certificate of Privilege to a handler, upon proof
satisfactory to such committee, that such handler has shipped tomatoes
contrary to the provisions of this part. Such committee action denying
a Certificate of Privilege shall apply to and not exceed a reasonable
period of time as determined by such committee. Any handler who has
been denied a Certificate of Privilege, or who has had a Certificate of
Privilege rescinded, may appeal to the committee for reconsideration.
Such appeal shall be in writing.
07 CFR 966.123 Exemption Procedures
07 CFR 966.130 Application.
Any person applying for exemption from regulations issued pursuant to
966.52 shall file such application with the committee, or its duly
authorized agent for such purpose, on forms to be furnished by such
committee. Each application shall state the name and address of the
applicant, the grade, size, and quality regulations from which exemption
is requested; and facts demonstrating that the tomatoes, for which
exemption is requested, were adversely affected by acts beyond his
control or by acts beyond the applicant's reasonable expectation.
Applications shall set forth such additional information as the
committee may find necessary in making determinations with respect
thereto, including, without limitation thereto, the information required
on producers' applications by paragraphs (a) and (b) of this section.
(a) The location and acreage of the farm on which tomatoes for which
exemption is requested, the location where such tomatoes are to be
prepared for market, and the loading point from which such tomatoes are
to be shipped if exemption is granted;
(b) Quantity (by grade, size, quality, and variety) of tomatoes
harvested during the current season or any specific portion thereof
prior to the date of application and to be harvested, subsequent to such
date, during the remainder of the current season or any specific portion
thereof (as may be determined pursuant to this part); an estimate of
the portion of such tomatoes which can be handled under regulation
issued pursuant to 966.52, during the remainder of the season; and the
reasons why all of such tomatoes cannot be handled under such
regulations.
(22 FR 9132, Nov. 16, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 966.131 Investigations.
The committee may authorize investigations of applications by its
employees, and such other persons as may be necessary to procure
adequate information to pass upon the merits of such applications.
(22 FR 9132, Nov. 16, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 966.132 Issuance.
(a) The committee, or its duly authorized agents, shall give prompt
consideration to all statements and facts relating to each application
for exemption, and, pursuant to applicable provisions of this part, a
determination shall be made as to whether or not the application is
approved. The determination, if approving the application, shall be
evidenced by the issuance of a certificate of exemption pursuant to
966.71: Provided, That a separate certificate may be issued, at the
request of an applicant, for each affected field.
(b) The applicant shall be notified in writing if his request for
exemption is denied.
(c) Each exemption certificate issued pursuant to this subpart shall
be on a form duly approved by the committee and signed by an authorized
representative of such committee. At least one copy of each exemption
certificate issued shall be retained in the committee records. Each
such certificate shall contain the name and address of the recipient,
the location of all tomatoes authorized to be shipped thereunder, the
quantity (by grade, size, quality and variety) of tomatoes which will be
permitted in the exempted shipments and such other information as may be
deemed necessary by the committee to provide such committee, the
recipient, or both, with adequate and specific information regarding
such exempted tomatoes.
(22 FR 9132, Nov. 16, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 966.133 Disposition of certificates.
(a) Each lot of tomatoes handled under an exemption certificate shall
be accompanied by such certificate, or such appropriate identifying
information with respect to such certificate, as the committee may
require, to facilitate the administration of regulatory provisions
applicable thereto.
(b) Each shipment of a lot or portion thereof, of tomatoes covered by
an exemption certificate shall be accompanied by a Federal-State
Inspection Certificate which shall show the exemption certificate number
covering the lot.
(22 FR 9132, Nov. 16, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 966.134 Reports.
Persons handling tomatoes under exemption certificates shall, at such
times as may be specified in such certificates, report thereon to the
committee the names and addresses of the receivers of such tomatoes, the
quantity shipped (by grade, size, quality, and variety), the inspection
certificates issued with respect thereto, the dates of such shipments,
and such other information as may be requested by such committee in
order to administer the regulatory provisions applicable thereto.
(22 FR 9132, Nov. 16, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 966.135 Appeals.
If any applicant is dissatisfied with the determination of the
committee regarding an application for an exemption certificate, or any
duly issued exemption certificate an appeal by such applicant may be
taken to such committee in accordance with 966.73.
(22 FR 9132, Nov. 16, 1957. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 966.135 Inspection
07 CFR 966.140 Truck shipments.
In case of the transportation by truck outside of the production area
of any tomatoes which are required to be inspected and certified as
complying with any applicable requirements under this part, such
tomatoes shall be accompanied by, and made available for examination at
any time upon request, a copy of the appropriate inspection certificate
or a copy of the appropriate transfer clearance receipt (Form FV-418)
issued by the Federal-State Inspection Service, the official inspection
agency for this program, showing that such tomatoes have been so
inspected and certified.
(21 FR 3000, May 5, 1956. Redesignated at 26 FR 12751, Dec. 30, 1961)
07 CFR 966.140 Interpretative Rules
07 CFR 966.150 Meaning of ''producer''.
The term ''producer'' is defined in 966.8 as being any person
engaged in a proprietary capacity in the production of tomatoes for
market. Under the definition of ''tomatoes'' in 966.5, such production
must have been in the production area. Section 966.22 provides that
each person selected as a committee member or alternate must be a
producer, or an officer or an employee of a corporate producer. Section
966.27 provides that producers may vote for nominees for members and
alternates on the Florida Tomato Committee, the administrative agency
established pursuant to said marketing agreement and order. Section
966.3 defines a person as an individual, partnership, corporation,
association, or other business unit. The term ''person'' is construed
to mean the business unit which produces the tomatoes for market.
(a) The prevailing principle which shall apply to the determination
of ''producer'' is who or which interest as a unit, whether an
individual, partnership, corporation, association, or any other business
unit, has the authority to pass title to the tomatoes grown and made a
part of the marketable supply of tomatoes. In other words, the terms
shall be limited to those who have an ownership in tomatoes produced in
the production area.
(b) ''Producer'' means any person, as defined in this section: (1)
Who or which owns and farms land resulting in his or its ownership of
the tomatoes produced thereon; (2) who or which rents or farms land,
resulting in his or its ownership of all or a portion of the tomatoes
produced thereon; or (3) who or which owns land which he or it does not
farm and, as rental for such land, obtains the ownership of a portion of
the tomatoes produced thereon.
(c) The term ''partnership'' shall be deemed to include a husband and
wife with respect to land, the title to which, or leasehold interest in
which, is vested in them as tenants in common, joint tenants, tenants by
entirety, or, under community property laws, as community property. The
term ''partnership'' shall also be deemed to include individuals,
partnerships or corporations which join together by agreement, informal
or otherwise, for the purpose of growing tomatoes and which, as a unit,
have authority to transfer title to such tomatoes at the time they are
harvested or subsequent thereto. The term ''partnership'' shall also
include so-called ''joint ventures,'' wherein one or more parties to the
arrangement contributes capital and others contribute labor, management,
equipment, or other services, or any variation of such contributions by
two or more parties, so that it results in the growing of tomatoes and
the authority to transfer title to the tomatoes so produced from that
business unit to some other parties in the marketing chain.
(d) Each legal entity, whether an individual, a partnership, a
''joint venture,'' or a corporation, so engaged in the production of
tomatoes for market shall have one vote for each position which is to be
filled for the district for which he or it is eligible to vote. In the
case of a partnership or a ''joint venture,'' such vote shall not be
accepted in the absence of unanimous agreement of the respective
members. In the case of a corporation, such vote shall be cast pursuant
to the authorization of its board of directors. In the case of a person
who owns land which he or it does not farm but, as rental for such land,
obtains the ownership of a portion of the tomatoes produced thereon,
such person shall be regarded as the producer of that portion and
entitled to one vote, and the tenant on such land shall be regarded as
the producer of the remaining portion produced on such land and also
entitled to one vote.
(e) A producer eligible to vote is a person who produced tomatoes for
market in a proprietary capacity in the production area during the then
current fiscal period, i.e., between August 1, of the previous year and
July 31 of the then current year. If a person who would otherwise
qualify as a producer in a proprietary capacity in the production area
planted tomatoes for market as fresh tomatoes during the current fiscal
period, but (1) did not market any tomatoes in the fresh market during
the current fiscal period due to adverse weather conditions, or (2) has
tomatoes in production for fresh market during the current fiscal
period, although still unharvested, he shall, nevertheless, be eligible
as a producer to vote for committee nominees, if he produced and
marketed tomatoes grown in the production area in the next preceding
fiscal period.
(23 FR 2588, Apr. 19, 1958. Redesignated at 26 FR 12751, Dec. 30,
1961)
07 CFR 966.150 Reestablishment of Districts
07 CFR 966.160 Reestablishment of districts.
(a) District No. 1: The county of Dade in the State of Florida.
(b) District No. 2: The counties of Brevard, Glades, Indian River,
Martin, Osceola, Okeechobee, Palm Beach, St. Lucie, and Broward in the
State of Florida.
(c) Terms used in this section have the same meaning as when used in
said marketing agreement and this part.
(35 FR 19633, Dec. 25, 1970)
07 CFR 966.161 Reapportionment of Committee Membership.
Pursuant to 966.25, industry membership on the Florida Tomato
Committee shall be reapportioned as follows:
(a) District 1 -- three members and their alternates.
(b) District 2 -- two members and their alternates.
(c) District 3 -- three members and their alternates.
(d) District 4 -- four members and their alternates.
(50 FR 3738, Jan. 28, 1985)
07 CFR 966.323 Handling regulation.
From October 10 through June 30 of each season, except as provided in
paragraphs (b) and (d) of this section, no person shall handle any lot
of tomatoes produced in the production area for shipment outside the
regulated area unless it meets the requirements of paragraph (a) of this
section, and no person shall handle any lot of tomatoes for shipment
within the regulated area unless it meets the requirements of paragraphs
(a)(1), (a)(2)(i), and (a)(4) of this section.
(a) Grade, size, container and inspection requirements -- (1) Grade.
Tomatoes shall be graded and meet the requirements specified for U.S.
No. 1, U.S. Combination, U.S. No. 2, or U.S. No. 3, of the U.S.
Standards for Fresh Tomatoes, except that all shipments of Medium size
tomatoes must grade U.S. No. 2 or better. When not more than 15 percent
of the tomatoes in any lot fail to meet the requirements of U.S. No. 1
grade and not more than one-third of this 15 percent (or 5 percent) are
comprised of defects causing very serious damage including not more than
1 percent of tomatoes which are soft or affected by decay, such tomatoes
may be shipped and designated as at least 85 percent U.S. No. 1 grade.
(2) Size. (i) All tomatoes packed by a handler shall be at least 2
8/32 inches in diameter. Tomatoes shipped outside the regulated area
shall also be sized with proper equipment in one or more of the
following ranges of diameters. Measurements of diameters shall be in
accordance with the methods prescribed in 51.1859 of the U.S.
Standards for Grades of Fresh Tomatoes.
(ii) Tomatoes of designated sizes may not be commingled, and each
container shall be marked to indicate the designated size.
(iii) Only Medium, Large, Extra Large or the specified abbreviations
of same (Med., Lg., or Ex/Lg) may be used to indicate the above listed
size designations on containers of tomatoes.
(iv) To allow for variations incident to proper sizing, not more than
a total of ten (10) percent, by count, of the tomatoes in any lot may be
smaller than the specified minimum diameter or larger than the maximum
diameter.
(3) Containers. (i) All tomatoes packed by a registered handler
shall be packed in containers of 10, 20, and 25 pounds designated net
weights. The net weight of the contents shall not be less than the
designated net weight and shall not exceed the designated net weight by
more than two pounds. Section 51.1863(b) of the U.S. Tomato Standards
shall apply to all containers.
(ii) Each container or lid shall be marked to indicate the designated
net weight and must show the name and address of the registered handler
(as defined in 966.7) in letters at least one-fourth ( 1/4) inch high,
and such containers must be packed at the registered handler's
facilities.
(iii) The container in which the tomatoes are packed must be clean
and bright in appearance without marks, stains, or other evidence of
previous use.
(4) Inspection. Tomatoes shall be inspected and certified pursuant
to the provisions of 966.60. Each handler who applies for inspection
shall register with the committee pursuant to 966.113. Handlers shall
pay assessments as provided in 966.42. Evidence of inspection must
accompany truck shipments.
(b) Special purpose shipments. The requirements of paragraph (a) of
this section shall not be applicable to shipments of tomatoes for
canning, experimental purposes, relief, charity, or export if the
handler thereof complies with the safeguard requirements of paragraph
(c) of this section. Shipments for canning are also exempt from the
assessment requirements of this part.
(c) Safeguards. Each handler making shipments of tomatoes for
canning, experimental purposes, relief, charity, or export in accordance
with paragraph (b) of this section shall:
(1) Apply to the committee and obtain a Certificate of Privilege to
make such shipments.
(2) Prepare on forms furnished by the committee a report in
quadruplicate on such shipments authorized in paragraph (b) of this
section.
(3) Bill or consign each shipment directly to the designated
applicable receiver.
(4) Forward one copy of such report to the committee office and two
copies to the receiver for signing and returning one copy to the
committee office. Failure of the handler or receiver to report such
shipments by signing and returning the applicable report to the
committee office within ten days after shipment may be cause for
cancellation of such handler's certificate and/or receiver's eligibility
to receive further shipments pursuant to such certificate. Upon
cancellation of any such certificate, the handler may appeal to the
committee for reconsideration.
(d) Exemption -- (1) For types. The following types of tomatoes are
exempt from these regulations: Elongated types commonly referred to as
pear shaped or paste tomatoes and including but not limited to San
Marzano, Red Top, and Roma varieties; cerasiform type tomatoes commonly
referred to as cherry tomatoes; hydroponic tomatoes; and greenhouse
tomatoes. Yellow-meated tomatoes are exempt from the container net
weight requirements specified in paragraph (a)(3)(i) of this section,
but must meet the other requirements of this section.
(2) For minimum quantity. For purposes of this regulation each
person subject thereto may handle up to but not to exceed 60 pounds of
tomatoes per day without regard to the requirements of this regulation,
but this exemption shall not apply to any shipment or any portion
thereof of over 60 pounds of tomatoes.
(3) For special packed tomatoes. Tomatoes which met the inspection
requirements of paragraph (a)(4) of this section which are resorted,
regraded, and repacked by a handler who has been designated as a
''Certified Tomato Repacker'' by the committee are exempt from (i) the
tomato grade classifications of paragraph (a)(1) of this section, (ii)
the size classifications of paragraph (a)(2) of this section except that
the tomatoes shall be at least 2 8/32 inches in diameter, and (iii) the
container weight requirements of paragraph (a)(3) of this section.
(4) For varieties. Upon recommendation of the committee, varieties
of tomatoes that are elongated or otherwise misshapen due to adverse
growing conditions may be exempted by the Secretary from the provisions
of paragraph (a)(2) of this section.
(e) Definitions. Hydroponic tomatoes means tomatoes grown in
solution without soil; greenhouse tomatoes means tomatoes grown
indoors. A Certified Tomato Repacker is a repacker of tomatoes in the
regulated area who has the facilities for handling, regrading,
resorting, and repacking tomatoes into consumer size packages and has
been certified as such by the committee. Adequate facilities as
referred to in the definition of registered handler in 966.7 and
966.113 are defined as those being in a permanent location with
nonportable equipment for the proper grading, sizing, and packing of
tomatoes. U.S. tomato standards means the revised United States
Standards for Fresh Tomatoes (7 CFR 51.1855 through 51.1877), effective
December 1, 1973, as amended, or variations thereof specified in this
section. Other terms in this section shall have the same meaning as
when used in Marketing Agreement No. 125, as amended, and this part,
and the U.S. Tomato Standards.
(f) Applicability to imports. Under section 8e of the Act and
980.212 ''Import regulations'' (7 CFR 980.212) tomatoes imported during
the period February 8, 1988, through June 30, 1988, during the 1987-88
season and from October 10 through June 30 each season thereafter shall
be at least 2 8/32 inches in diameter. Not more than 10 percent, by
count, in any lot may be smaller than the minimum specified diameter.
All lots with a minimum diameter of 2 17/32 inches and larger shall be
at least U.S. No. 3 grade. All other tomatoes shall be at least U.S.
No. 2 grade. Any lot with more than 10 percent of its tomatoes less
than 2 17/32 inches in diameter shall grade at least U.S. No. 2.
(52 FR 46347, Dec. 7, 1987, as amended at 53 FR 3191, Feb. 4, 1988;
54 FR 51297, Dec. 14, 1989; 56 FR 51148, Oct. 10, 1991)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 966.323 PART 967 -- CELERY GROWN IN FLORIDA
07 CFR 966.323 Pt. 967
07 CFR 966.323 Subpart -- Order Regulating Handling
Sec.
967.1 Secretary.
967.2 Act.
967.3 Person.
967.4 Celery.
967.5 Production area.
967.6 Producer.
967.7 Handler.
967.8 Handle.
967.9 Marketing year, fiscal year or season.
967.10 Committee.
967.11 Crate.
967.12 Base Quantity.
967.13 Marketable Quantity.
967.14 Marketable Allotment.
967.15 Uniform percentage.
967.16 Grade and size.
967.17 Farm operation.
967.18 Flow-to-Market period.
967.25 Establishment and membership.
967.26 Eligibility.
967.27 Nominations.
967.28 Alternate members.
967.29 Procedure.
967.30 Powers.
967.31 Duties.
967.32 Selection and term of office.
967.33 Vacancy.
967.34 Expenses.
967.35 Marketing policy.
967.36 Marketable Quantity.
967.37 Base Quantities.
967.38 Marketable Allotments.
967.39 Transfers.
967.40 Issuance of other regulations.
967.41 Handling for special purposes.
967.42 Safeguards.
967.43 Inspection and certification.
967.44 Research and development.
967.60 Expenses.
967.61 Assessment and requirements for payment.
967.62 Accounting.
967.63 Contributions.
967.70 Reports.
967.71 Records.
967.72 Verification of reports and records.
967.73 Confidential information.
967.80 Compliance.
967.81 Right of the Secretary.
967.82 Derogation.
967.83 Agents.
967.84 Effective time.
967.85 Termination.
967.86 Proceedings after termination.
967.87 Effect of termination or amendments.
967.88 Personal liability.
967.89 Duration of immunities.
967.90 Separability.
07 CFR 966.323 Subpart -- Rules and Regulations
967.100 Communications.
967.110 Order.
967.111 Marketing Agreement.
967.112 Terms.
967.130 Producer.
967.135 Reestablishment of committee.
967.136 Reapportionment of committee membership.
967.140 Eligibility requirements.
967.141 Nomination procedures.
967.150 Marketable Allotment.
967.151 Base Quantities.
967.152 Reserve for Base Quantities.
967.155 Revised Base Quantity formula.
967.165 Reports.
967.166 Records.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 966.323 Subpart -- Order Regulating Handling
Source: 30 FR 14266, Nov. 13, 1965, unless otherwise noted.
07 CFR 966.323 Definitions
07 CFR 967.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department to whom authority has
heretofore been delegated, or to whom authority may hereafter be
delegated, to act in his stead.
07 CFR 967.2 Act.
Act means Public Act No. 10, 73d Congress, as amended, and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (sections 1-19, as amended, 7 U.S.C. 601-674).
07 CFR 967.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 967.4 Celery.
Celery means all varieties and types of celery, apium graveolens,
grown in the production area.
07 CFR 967.5 Production area.
Production area means all territory in the State of Florida.
07 CFR 967.6 Producer.
Producer means any person engaged in a proprietary capacity in the
production of celery.
07 CFR 967.7 Handler.
Handler means any person (except a common or contract carrier of
celery owned by another person) who handles harvested celery on behalf
of a producer or on his own behalf.
07 CFR 967.8 Handle.
Handle means to purchase harvested celery from a producer or to sell
or transport harvested celery within the production area or between the
production area and any point outside thereof.
07 CFR 967.9 Marketing year, fiscal year or season.
Marketing year, fiscal year or season means the 12 months from August
1 to the following July 31 inclusive, or such other period which the
committee, with the approval of the Secretary, may establish.
07 CFR 967.10 Committee.
Committee means the Florida Celery Committee established pursuant to
967.25 of this part.
07 CFR 967.11 Crate.
Crate means celery crate No. 3601 or its equivalent.
07 CFR 967.12 Base Quantity.
Base Quantity means the number of crates of harvested celery
determined by the committee pursuant to 967.37 for a producer.
07 CFR 967.13 Marketable Quantity.
Marketable Quantity means the total amount of celery which should be
handled in a current season.
07 CFR 967.14 Marketable Allotment.
Marketable Allotment means with respect to each producer the amount
of harvested celery which may be purchased from, or handled on behalf
of, such producer.
07 CFR 967.15 Uniform percentage.
Uniform percentage means the percentage for any given season
resulting from dividing the Marketable Quantity by the total Base
Quantities registered by producers as provided in 967.38.
(42 FR 32763, June 28, 1977)
07 CFR 967.16 Grade and size.
Grade means any of the established grades of celery and size means
any of the established sizes of celery stalks per crate as defined and
set forth in the U.S. Standards for Celery ( 51.560 to 51.588,
inclusive of this title) or U.S. Consumer Standards for Celery Stalks (
51.595 to 51.613, inclusive of this title), issued by the U.S.
Department of Agriculture, or amendments thereto, or modifications
thereof, or variations based thereon, recommended by the committee and
approved by the Secretary.
(33 FR 17846, Nov. 30, 1968)
07 CFR 967.17 Farm operation.
Farm operation means the production of celery for one or more holders
of a Marketable Allotment by a single farming entity under contract or
other arrangement.
(33 FR 17846, Nov. 30, 1968)
07 CFR 967.18 Flow-to-Market period.
Flow-to-Market period means any period or periods of one or more days
which the committee may establish with the approval of the Secretary for
the purposes of Flow-to-Market regulations.
(33 FR 17846, Nov. 30, 1968)
07 CFR 967.18 Florida Celery Committee
07 CFR 967.25 Establishment and membership.
(a) There is hereby established a Florida Celery Committee consisting
of 16 members, including 15 producer or handler members and one public
member to administer the terms and provisions of this part. Each shall
have a respective alternate who shall have the same qualifications as
the member.
(b) The Secretary, upon the recommendation of the committee, may
reestablish the number of producer or handler members on the committee.
In recommending any such change, the committee shall give consideration
to the total number of growers and handlers in the production area
during the current or previous season, and other relevant factors. A
change in the number of committee members can become effective at any
time, provided, the effective date is more than 30 days prior to the
date on which nominations are held.
(42 FR 32763, June 28, 1977, as amended at 48 FR 10806, Mar. 15,
1983)
07 CFR 967.26 Eligibility.
Each member and alternate of the committee, except for the public
member and alternate, shall be at the time of his selection and during
his term of office, a producer or handler, or an officer or employee of
a producer or handler in the group for which selected. The public
member shall be neither a producer nor handler and shall have no direct
financial interest in the production or marketing, except as a consumer,
of agricultural products.
(42 FR 32763, June 28, 1977)
07 CFR 967.27 Nominations.
Nominations for committee members and alternates may be made in the
following manner:
(a) Growers in each group, as established in paragraph (d) or as
reestablished pursuant to paragraph (g) of this section, may nominate
persons for each member and alternate position in their respective
group.
(b) A meeting of producers shall be held in the production area to
nominate members and alternates to the committee. The incumbent
committee shall hold such meeting or cause it to be held prior to July 1
of each year. Nominations thereat shall be certified to by the
committee and submitted to the Secretary by July 1 of each year together
with information deemed pertinent by the committee or as requested by
the Secretary. If such nominations are not made in the manner specified
by July 1, the Secretary may select representatives for such positions
without nominations.
(c) At each such meeting, the eligibility of each producer, and each
handler shall be recorded for purposes of determining participation in
respective groupings.
(d) Five groups shall be established from which nominations and
committee selections shall be made, as follows:
Group 1 -- South Florida District: Martin, Dade, Broward, Collier,
Monroe, Lee, Charlotte, St. Lucie, Okeechobee, Highlands, Indian River,
Glades, Hendry, and Palm Beach Counties -- five (5) members and their
alternates.
Group 2 -- Central Florida District: Orange, Seminole, Lake, Polk,
Osceola, Brevard, and Volusia Counties -- three (3) members and their
alternates.
Group 3 -- West Coast-North Florida District: All the counties not
embraced in Groups 1 and 2 -- two (2) members and their alternates.
Group 4 -- The producer or producers whose celery was handled by the
handler who handled in the previous or current season, whichever is
applicable, the second largest volume of celery -- two (2) members and
their alternates.
Group 5 -- The producer or producers whose celery was handled by the
handler who handled in the previous or current season, whichever is
applicable, the largest volume of celery -- three (3) members and their
alternates.
(e) Each producer is entitled to cast only one vote for each position
in the group wherein he produced celery for market in the current season
and possesses a Base Quantity. If a producer has so qualified in more
than one group, he may elect the group in which he shall vote but he can
vote for nominees in only one group. Any producer in Group 4 or Group 5
shall not be entitled to vote for nominees in other groups.
(f) The members of the committee selected by the Secretary pursuant
to 967.32 shall nominate a public member and alternate member of the
committee. The committee shall recommend rules for receiving names of
persons to be considered for nomination to the public member and
alternate positions. Rules shall also be recommended for establishing
eligibility of persons nominated to the public member and alternate
positions. The persons nominated for the public member and alternate
positions shall be submitted by the incumbent committee to the Secretary
by the July 1 of each year together with information deemed pertinent by
the committee or as requested by the Secretary.
(g) The Secretary, upon recommendation of the committee, may
reestablish groups and may reapportion committee membership among the
various groups. In recommending such changes, the committee shall give
consideration to: (1) Changes in the relative positions of existing
groups with respect to celery production and shipments; (2) changes in
the numbers of producers and handlers in each group; and (3) other
relevant factors. A change in the establishment of groups or in
apportionment of members among groups can become effective at any time,
provided, the effective date is more than 30 days prior to the date on
which nominations are held.
(30 FR 14266, Nov. 13, 1965, as amended at 33 FR 17846, Nov. 30,
1968; 42 FR 32763, June 28, 1977; 48 FR 10806, Mar. 15, 1983)
07 CFR 967.28 Alternate members.
An alternate for a member shall act in the place of such member (a)
in his absence, or (b) in the event of his death, removal, resignation,
or disqualification, until a successor for his unexpired term has been
selected and has qualified.
07 CFR 967.29 Procedure.
(a) At an assembled meeting, all votes shall be cast in person, and a
simple majority of committee members (including alternates acting for
absent members) shall constitute a quorum. Decisions of the committee
shall require the concurring vote of a majority of the members and
alternates in attendance and entitled to vote.
(b) If both a member and his alternate are unable to attend a
committee meeting, the committee may designate any other alternate
present from the same group to serve in the place of the member.
(c) The committee may provide for meeting by telephone, telegraph, or
any other means of communication. All votes shall be recorded in the
minutes of each meeting so as to reflect how each member or alternate
voted.
(30 FR 14266, Nov. 13, 1965, as amended at 48 FR 10806, Mar. 15,
1983)
07 CFR 967.30 Powers.
The committee shall have the following powers:
(a) To administer this subpart in accordance with its terms and
provisions;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violations of this part;
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 967.31 Duties.
The committees shall have, among others, the following duties:
(a) To select from among its members and alternates such officers and
subcommittees, and to adopt such rules or bylaws for the conduct of its
business as it deems necessary;
(b) To employ necessary personnel, including professional and
technical services, fix their compensation and terms of employment;
(c) To keep minutes, books and records which will reflect all the
acts and transactions of the committee and which shall be subject to
examination by the Secretary;
(d) To prepare periodic statements of the financial operations of the
committee and to make copies of each such statement available to
producers and handlers for examination at the offices of the committee;
(e) To cause the books of the committee to be audited by a certified
public accountant at least once each marketing year and at such other
times as the committee may deem necessary, or as the Secretary may
request; to submit two copies of each such audit report to the
Secretary, and to make available a copy which does not contain
confidential data for inspection at the offices of the committee by
producers and handlers;
(f) To act as intermediary between the Secretary and any producer or
handler;
(g) To investigate and assemble data on the growing, handling, and
marketing conditions with respect to celery;
(h) To submit to the Secretary such available information as he may
request or the committee may deem desirable and pertinent;
(i) To notify producers and handlers of all meetings of the committee
to consider recommendations for regulations and of all regulatory
actions taken affecting producers and handlers;
(j) To give the Secretary the same notice of meetings of the
committee and its subcommittees as is given to its members;
(k) To investigate compliance and use means available to prevent
violations of the provisions of this part; and
(l) To consult, cooperate, and exchange information with other
marketing agreement committees and other individuals or agencies in
connection with all proper committee activities and objectives under
this part.
(m) To secure suitable candidates for the public member and alternate
positions, and to nominate persons for such positions on the committee.
(30 FR 14266, Nov. 13, 1965, as amended at 42 FR 32763, June 28,
1977)
07 CFR 967.32 Selection and term of office.
(a) Selection. The committee shall be selected by the Secretary from
nominees submitted by the committee, or from among other eligible
persons. Each person so selected shall qualify by filing a written
acceptance with the Secretary prior to assuming the duties of the
position.
(b) Term of office. The term of office of each committee member and
alternate shall be for a period of one year beginning August 1 and
ending the following July 31. Committee members and alternates shall
serve for the term of office for which they are selected and have
qualified and until their respective successors are selected and have
qualified.
07 CFR 967.33 Vacancy.
Any vacancy occasioned by the death, removal, resignation, or
disqualification of any committee member or alternate shall be
recognized by the committee by certifying to the Secretary a successor
for the unexpired term unless a selection is deemed unnecessary by the
Secretary.
07 CFR 967.34 Expenses.
Members and alternates of the committee shall serve without
compensation, but may be reimbursed for expenses necessarily incurred by
them in attending committee and subcommittee meetings and in the
performance of their duties under this part.
07 CFR 967.34 Volume Limitations
07 CFR 967.35 Marketing policy.
(a) The committee shall meet, consider and adopt a marketing policy
for each season. Committee considerations shall include probable celery
production within the production area and in competing areas, the grade,
size, quality, and quantity of celery which should be made available to
market during such season to meet market requirements and establish
orderly marketing conditions, and other pertinent information. On the
basis of these considerations the committee shall adopt a marketing
policy for such season as follows:
(1) Annual Marketable Quantity -- A meeting to adopt a policy
regarding the annual Marketable Quantity of celery to be marketed shall
be held not later than June 15 of each year. Prior to November 1 of
each year, the committee shall review such marketing policy and as
changes are indicated, the committee may adopt appropriate revision.
(2) Other regulations -- Prior to or at the same time initial
recommendations in any season are made pursuant to 967.40(a) the
committee shall prepare a marketing policy statement concerning the
necessity for such regulations.
(b) Notice of and recommendations from, the initial marketing policy
for a marketing season or any later changes shall be submitted promptly
to the Secretary and notice of such marketing policy shall be given to
handlers, producers and other interested parties by bulletins or other
appropriate media.
(33 FR 17846, Nov. 30, 1968)
07 CFR 967.36 Marketable Quantity.
(a) Whenever the committee recommends and the Secretary finds on the
basis of such recommendations or other information, that limiting the
total quantity of celery to be handled during a marketing season, or
revising a Marketable Quantity previously established, would tend to
effectuate the declared policy of the act, he shall establish the
Marketable Quantity which handlers may handle as first handlers for such
season, or revise a previously established Marketable Quantity.
(b) When a Marketable Quantity is established for any season, no
handler may handle any harvested celery during such season unless (1) it
is within the Marketable Allotment of a producer who has a Base Quantity
pursuant to 967.38, and (2) such producer authorized the first handler
thereof to purchase or otherwise handle it.
07 CFR 967.37 Base Quantities.
(a)(1) Base Quantities for producers with a history of production and
order participation for the period 1965-66 through 1976-77 shall be Base
Quantities in effect for the 1976-77 season, as recorded by the Florida
Celery Committee on December 15, 1976, subject to modifications relating
to current production and marketing experience specified in (b) through
(e) of this section, or to transfers pursuant to 967.39.
(2) Base Quantities for other producers shall be established pursuant
to Base Quantity reserve as specified in paragraph (d) of this section,
subject to modifications relating to current production and marketing
experience specified in (b) through (e) of this section, or to transfer
pursuant to 967.39.
(b) Periodically, but at least once each five years, the committee
shall review Base Quantities and recommend any changed in the formula,
to be prescribed by the Secretary, for determining Base Quantities which
may be deemed appropriate.
(c) The committee may recommend rules pertaining to producers who
wish to obtain, hold, or transfer Base Quantities or Marketable
Allotments. Such rules shall be subject to approval of the Secretary
and may require producers to file reports and information with respect
thereto, including but not limited to quantities marketed in the
representative period, their qualifications as producers, as well as
particulars on sale and handling of celery as a result of any Base
Quantities or Marketable Allotments that may be issued to them.
(d)(1) Beginning with the 1978-79 season, a reserve in the amount of
six percent of the total Base Quantities shall be established annually.
Such reserve shall be used for the issuance of Base Quantities to new
producers and adjustments in Base Quantities for producers with existing
Base Quantities, with 50 percent being made available for new producers
and 50 percent available for adjustments for producers with existing
Base Quantities.
(2) Base Quantities issued to new producers shall be permanent,
subject to requirements of 967.37(e). Base Quantities issued to new
producers shall not be transferable within three years after issuance.
Any adjustments in Base Quantities issued to producers with existing
Base Quantities shall be effective for one season only and a new request
by such producers for adjustment in Base Quantity shall be submitted
each season.
(3) The committee may recommend rules for establishing such reserve
and for procedures whereby persons may apply for Base Quantities
thereunder. Such rules shall be subject to approval by the Secretay,
Rules may provide for open informal hearings by the committee on
applicants' requests and may establish guides or standards for equitable
and thorough consideration of pertinent factors relating to each case,
including but not limited to past production of celery by applicant,
acreage planted, average yields, the production capacity of the farm or
land the applicant expects to use, land, labor, and equipment available
to applicant for celery production, economic and marketing factors, and
other factors deemed pertinent.
(4) Each person filing an application hereunder for a new Base
Quantity or adjustment in an established Base Quantity shall be notified
by the committee of its determination thereon. Such determination and
considerations appertaining thereto shall be subject to review by the
Secretary. If a Base Quantity is issued to an applicant hereunder, the
requirements of 967.38(c) shall then apply.
(e) A condition for the continuing validity of a Base Quantity is
production of celery thereunder. If no bona fide effort is made to
produce and sell celery thereunder for two consecutive seasons
commencing with the 1977-78 season, the Base Quantity may be declared
invalid due to lack of use and cancelled at the end of the second season
of nonproduction. The committee shall determine criteria, subject to
approval by the Secretary, as to whether a bona fide effort has been
made to produce and sell celery, including one requirement that the
producer must have sold at least 50 percent of each of his seasonal
Marketable Allotments, unless prevented from doing so by acts of God or
other circumstances beyond his control.
(f) Annual registration of Base Quantity holders will be required no
later than May 1 or such other date as may be approved pursuant to
regulations. For the 1977-78 season Base Quantity holders shall
register within 30 days following the effective date of this part but no
later than July 31, 1977. Any Base Quantity holder who does not
register or who has not made firm and substantial commitments to produce
celery for the forthcoming season shall have his Base Quantity
eliminated from the calculations in determining the Uniform Percentage.
However, such procedure will not cause the Base Quantity holder to lose
his Base Quantity.
(30 FR 14266, Nov. 13, 1965, as amended at 42 FR 32763, June 28,
1977)
07 CFR 967.38 Marketable Allotments.
(a) When the Secretary establishes a season's Marketable Quantity, a
percentage shall be determined by dividing the amount fixed as the
season's Marketable Quantity by the total Base Quantities of producers
who have registered with the committee pursuant to 967.37(f).
(b) The Marketable Allotment for each producer shall be established
by the committee by multiplying his Base Quantity by the appropriate
Uniform Percentage. The resulting amount shall be his Marketable
Allotment for a season. The committee shall notify each producer of his
allotment.
(c) After a producer has been notified of his Marketable Allotment,
he shall, in turn, notify the committee, on forms furnished by it, the
handler or handlers who will first handle all or a portion of his
Marketable Allotment for the ensuing season, as well as the number of
crates each such handler will so handle. This information shall be sent
by the committee to the respective handlers.
(d) If the committee recommends and the Secretary approves, that no
season's Marketable Quantity be established, the Marketable Allotment of
each producer shall be unlimited.
(e) When the Marketable Quantity is equal to or smaller than total
Base Quantities, the first 37,500 crates of each producer's Base
Quantity shall be subtracted from both the Marketable Quantity and total
Base Quantities when the Uniform Percentage is calculated in this
section ( 967.38(a)), and the Uniform Percentage for the first 37,500
crates will be 100 percent. In the event the Marketable Quantity
exceeds total Base Quantities, there shall be no exemption for the first
37,500 crates and the Uniform Percentage shall be applied to each
producer's total Base Quantity.
(f) Marketable allotments shall be issued only to producers who have
registered by May 1, or such other date prescribed by the Secretary, and
indicated firm and substantial commitments for the production of celery
for the forthcoming season.
(30 FR 14266, Nov. 13, 1965, as amended at 42 FR 32764, June 28,
1977)
07 CFR 967.39 Transfers.
(a) Producers' Base Quantities or Marketable Allotments, or both, may
be transferred upon appropriate requests therefor, pursuant to 967.37
and upon approval of the committee.
(b) Any producer with a Base Quantity may request a transfer of all
or a portion of his Base Quantity for a specified period of time.
(c) Any producer with a Marketable Allotment may request a transfer
of all or a portion of his Marketable Allotment during a current season.
(d) Producers must advise the committee, prior to final approval of a
transfer, that a different amount will be handled by a handler or
handlers due to any transfer authorized in paragraph (c) of this
section. The committee, upon receipt of such notification, shall advise
the handler or handlers involved of the adjustments in the amount they
may handle as first handlers thereof for the current season, based upon
the number of crates involved in the transfer, as well as issue revised
Marketable Allotments to the producers involved.
07 CFR 967.39 Other Regulations
07 CFR 967.40 Issuance of other regulations.
(a) The Secretary may limit the handling of celery whenever he finds
from the recommendations and information submitted by the committee, or
from other available information, that such regulations would tend to
effectuate the declared policy of the act.
(b) Such regulations may:
(1) Establish specific Flow-to-Market periods and limit the total
quantity of celery which may be handled therein;
(i) The committee may recommend and the Secretary may issue such
rules as are necessary to effectuate the Flow-to-Market procedures and
regulations.
(ii) The committee may recommend to the Secretary and the Secretary
may limit in conformity with paragraph (a) of this section the total
quantity of celery which is deemed advisable to be handled during any
specified Flow-to-Market period or periods.
(iii) In making its recommendations, the committee shall give due
consideration to the following factors:
(a) Market prices for celery; (b) supply of celery on hand at
shipping point, on track at, and en route to, the principal markets;
(c) supply, maturity, and condition of celery in the production area;
(d) market prices and supplies of celery from competitive producing
areas, and supplies of other competitive vegetables; (e) trend and
level in consumer income; and (f) other relevant factors as specified
by the committee in its recommendation.
(iv) At any time during a Flow-to-Market period for which the
Secretary has fixed the quantity of celery which may be handled, the
committee may recommend to the Secretary that such quantity be increased
for such period. Each such recommendation, together with the
committee's reason for such recommendation, shall be submitted promptly
to the Secretary.
(v) Whenever the Secretary finds, from the recommendations and
information submitted by the committee, or from other available
information, that to limit the quantity of celery which may be handled
during a specified Flow-to-Market period will tend to effectuate the
declared policy of the Act, he shall fix such quantity. The quantity so
fixed for any such period may be increased by the Secretary at any time
during such period. The Secretary may upon the recommendation of the
committee, or upon other available information, terminate or suspend any
regulation at any time.
(vi)(a) At the times specified by the committee, each handler of
celery shall submit to the committee, on forms to be supplied by the
committee, a report setting forth the number of crates each producer or
farm operation will make available to him for handling during the
applicable period; and in the case of a farm operation, shall specify
the number of total crates available which are to be attributed to each
holder of a Marketable Allotment who is involved in the farm operation
so that each holder of a Marketable Allotment is treated as an
individual producer for the purposes of the Flow-to-Market regulation.
(b) Such written request and report shall be submitted at such time
and in such manner and contain such other information as the committee
may recommend and the Secretary approve.
(c) The committee shall determine the accuracy of the information
submitted pursuant to this section. Whenever the committee finds that
there is an error, omission, or inaccuracy in any such information, it
shall correct the same and shall give the person who submitted the
information a reasonable opportunity to discuss with the committee the
factors considered in making the correction.
(vii)(a) Whenever the Secretary has fixed the total quantity of
celery that may be handled during a regulated Flow-to-Market period, the
committee shall compute under a uniform rule, for each producer entitled
thereto, the quantity of celery which may be handled for or purchased
from him by handlers during such period. The amount to be handled under
these regulations will be in addition to that quantity of harvested
celery a handler has on hand at the commencement of the specified
Flow-to-Market period, as reflected in required reports approved for
committee use by the Secretary.
(b) The percentage obtained by dividing the quantity of crates set by
the Secretary for such Flow-to-Market period by the total creates stated
to be available by all handlers for such period shall be applied
uniformly to the amount available for handling for each producer to
determine the maximum number of crates that may be handled by or for him
during that period: Provided, That it is within his unused Marketable
Allotment pursuant to 967.38: And provided further, That until more
than 37,500 crates of his production has been handled on his behalf
during the current season, the handler thereof shall not have the number
of crates he handles for or sells on behalf of such producer reduced by
the Flow-to-Market regulation; however such handler shall be limited to
100 percent of that which was stated to be marketable in such
Flow-to-Market period for that producer.
(c) For the purpose of determining compliance with Flow-to-Market
limitations, a tolerance of 1 percent of an allotment holder's allowed
Flow-to-Market quantity for such period or 200 crates, whichever is
less, is permitted.
(viii) Verification of compliance with allotments: During any season
or Flow-to-Market period for which allotment regulations are in effect,
all acreage of celery included in applications for allotments shall be
subject to field checking by the committee to determine compliance with
allotments. Checking procedures, methods for establishing committee
determinations, means for notifying handlers and other persons of the
extent to which allotments have been used shall be in accordance with
rules recommended by the committee and approved by the Secretary.
(2) Establish total holidays by limiting the handling of harvested
celery during a specified period or periods. The amount to be handled
under these regulations will be that quantity of harvested celery a
handler has on hand at the commencement of the holiday, as reflected in
required reports approved for committee use by the Secretary;
(3) Limit in any or all portions of the production area the handling
of particular grades, sizes, qualities, containers, or packs or any
combination thereof, of celery during any period; also, limit the
handling of particular grades, sizes, or qualities, or celery
differently, for different varieties, for different portions of the
production area, for different markets, for different sizes and types of
containers, or for any combination of the foregoing, during any period;
(4) Limit the handling of celery when parity prices have been reached
by establishing and maintaining minimum standards of quality and
maturity in terms of grades or sizes;
(5) Require uniform inspection, grading and certification of celery
and proper labeling of containers for celery to show the grade or size,
or both, thereof;
(6) Fix the size, capacity, weight, dimensions, or pack of the
container or containers which may be handled.
(c) Regulations issued hereunder may be amended, modified, suspended,
or terminated by the Secretary whenever it is determined:
(1) That such action is warranted upon recommendation of the
committee or on the basis of other available information;
(2) That such action is essential to provide relief from inspection,
or regulations under paragraph (b) of this section, for minimum
quantities less than customary commercial transactions as recommended by
the committee and approved by the Secretary; or
(3) That regulations issued hereunder no longer tend to effectuate
the declared policy of the Act.
(33 FR 17847, Nov. 30, 1968)
07 CFR 967.41 Handling for special purposes.
Regulations in effect pursuant to 967.38 or 967.40 may be modified,
suspended, or terminated to facilitate handling of celery for:
(a) Exports;
(b) Relief or charity;
(c) Experimental purposes; and
(d) Other purposes which may be recommended by the committee and
approved by the Secretary.
(33 FR 17847, Nov. 30, 1968)
07 CFR 967.42 Safeguards.
The committee, with the approval of the Secretary, may establish
through rules such requirements as may be necessary to insure that
shipments made pursuant to 967.41 were handled and used for the purpose
stated.
(33 FR 17847, Nov. 30, 1968)
07 CFR 967.42 Inspection
07 CFR 967.43 Inspection and certification.
(a) Whenever the handling of celery is regulated pursuant to
967.40(b) (3) through (5), or at other times when recommended by the
committee and approved by the Secretary, no handler shall handle celery
unless such celery is inspected by an authorized representative of the
Federal or Federal-State Inspection Service and is covered by a valid
inspection certificate, except when relieved from such requirements
pursuant to 967.40(c) or paragraph (b) of this section.
(b) Regrading, resorting, or repacking any lot of celery shall
invalidate any prior inspection certificate insofar as the requirements
of this section are concerned. No handler shall handle celery after it
has been regraded, resorted, repacked or in any way additionally
prepared for market, unless such celery is inspected by an authorized
representative of the Federal or Federal-State Inspection Service. Such
inspection requirements on regraded, resorted, or repacked celery may be
modified, suspended, or terminated upon recommendation by the committee,
and approval of the Secretary.
(c) Upon recommendation of the committee and approval by the
Secretary, any or all celery so inspected and certified shall be
identified by appropriate seals, stamps, or tags to be affixed to the
containers by the handler under the direction and supervision of a
Federal or Federal-State Inspector or the committee.
(d) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(e) When celery is inspected in accordance with the requirements of
this section, a copy of each inspection certificate issued shall be made
available to the committee by the inspection service.
(f) The committee may recommend and the Secretary may require that no
handler shall transport or cause the transportation of celery by motor
vehicle or by other means unless such shipment is accompanied by a copy
of the inspection certificate issued thereon, or other document
authorized by the committee to indicate that such inspection has been
performed. Such certificate or document shall be surrendered to such
authority as may be designated by the committee.
(33 FR 17847, Nov. 30, 1968)
07 CFR 967.43 Marketing Research and Development
07 CFR 967.44 Research and development.
The committee may, with the approval of the Secretary, establish or
provide for the establishment of projects involving production research,
marketing research and development projects, and marketing promotion
including paid advertising, designed to assist, improve, or promote the
marketing, distribution, and consumption or efficient production of
celery. The expenses of such projects shall be paid by funds collected
pursuant to 967.61 or 967.63. Upon conclusion of each program, but at
least annually, the committee shall summarize and report on the program
status and accomplishments to its members and the Secretary. A similar
report to the committee shall be required of any contracting party on
any paid advertising or major program. Also, for each advertising or
major program the contracting party shall be required to maintain
records of money received and expenditures and such shall be available
to the committee and the Secretary. The committee shall, with the
approval of the Secretary, establish criteria which will serve as a
guide for it to determine what constitutes a major program.
(33 FR 17847, Nov. 30, 1968, as amended at 42 FR 32764, June 28,
1977)
07 CFR 967.44 Expenses and Assessments
07 CFR 967.60 Expenses.
The committee may incur such expenses as the Secretary finds
reasonable and likely to be incurred by it during each fiscal year for
its maintenance and functioning, and for such other purposes as the
Secretary determines appropriate under this part. To assist the
Secretary, the committee shall submit a budget of expenses and
prospective revenue to him for each season, with explanations therefor,
and recommendations as to the rate of assessment for such fiscal year.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17846, Nov. 30,
1968)
07 CFR 967.61 Assessment and requirements for payment.
Each first handler shall pay to the committee upon demand, his pro
rata share of the expenses authorized by the Secretary for each
marketing year. Each handler's pro rata share shall be the rate of
assessment per unit fixed by the Secretary times the total assessable
units of celery which he handles. At any time during or after a
marketing year, the Secretary may increase the rate of assessment as
necessary to cover authorized expenses. The payment of expenses and
assessments for the maintenance and functioning of the committee may be
required during periods when no regulations are in effect.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17846, Nov. 30,
1968)
07 CFR 967.62 Accounting.
At the end of a fiscal year, funds in excess of such year's expenses
may be placed in an operating reserve not to exceed approximately one
marketing year's operational expenses or such lower limits as the
committee, with the approval of the Secretary, may establish. Funds in
such reserve shall be available for use by the committee for expenses
authorized pursuant to 967.40. Funds in excess of those necessary to
pay expenses and those placed in the operating reserve shall be refunded
pro rata to handlers from whom such funds were collected.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17846, Nov. 30,
1968)
07 CFR 967.63 Contributions.
The committee may accept voluntary contributions but these shall only
be used to pay expenses incurred pursuant to 967.44. Furthermore, such
contributions shall be free from any encumbrances by the donor and the
committee shall retain complete control of their use.
(42 FR 32764, June 28, 1977)
07 CFR 967.63 Reports and Records
07 CFR 967.70 Reports.
Upon request of the committee, with the approval of the Secretary,
each producer and handler shall furnish to the committee such reports
and information as may be necessary to enable it to exercise its powers
and perform its duties under this part. Such reports may include, but
are not necessarily limited to the following:
(a) Reports by any or all handlers on the number of crates of
harvested celery purchased from or handled on behalf of any or all
producers during any prior or current season;
(b) Reports by any or all producers on the number of crates of
harvested celery sold by such producers during any prior or current
season or the current quantities available for sale by such producers;
(c) Reports by any or all producers on the number of crates of
harvested celery sold to or through any or all handlers during any prior
or current period.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.71 Records.
Each producer and handler shall maintain and make available upon
request, such records pertaining to celery handled by him as will
substantiate the reports required by the committee. All such records
shall be maintained for not less than one year after the termination of
the marketing season to which such records relate.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.72 Verification of reports and records.
For the purpose of assuring compliance with record keeping
requirements and verifying reports of producers and handlers, the
Secretary and the committee, through its duly authorized employees,
shall have access to any premises where applicable records are
maintained, where celery is handled, and at any time during reasonable
business hours shall be permitted to inspect such producer and handler
premises and any and all records of such persons with respect to matters
within the purview of this part.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.73 Confidential information.
All reports, data, or information obtained by the committee
constituting a trade secret or disclosing the trade position, financial
condition, or business operations of particular producers or handlers
shall be kept in the custody and under the control of one or more
committee employees and shall be treated as confidential. Compilations
of general reports from data submitted by producers or handlers are
authorized, subject to prohibition of disclosure of individual
producers' or handlers' identities or operations.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.73 Miscellaneous Provisions
07 CFR 967.80 Compliance.
No person may handle celery except in conformity with the provisions
of this part.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.81 Right of the Secretary.
The members and alternates of the committee and any agents, employees
or representatives thereof, shall be subject to removal or suspension by
the Secretary at any time. Each and every regulation, decision,
determination or other act of the committee shall be subject to the
continuing right of the Secretary to disapprove of the same at any time.
Upon such disapproval, the disapproved action of the committee shall be
deemed null and void, except as to acts done in reliance thereon or in
compliance therewith prior to such disapproval by the Secretary.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.82 Derogation.
Nothing in this part is, or shall be construed to be, in derogation
or in modification of the rights of the Secretary, or of the United
States (a) To exercise any powers granted by the act or otherwise, or
(b) in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.83 Agents.
The Secretary may by designation in writing, name any person,
including any officer or employee of the Government, or name any agency
or division in the U.S. Department of Agriculture, to act as his agent
or representative in connection with any of the provisions of this part.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.84 Effective time.
The provisions of this part shall become effective at such time as
the Secretary may declare above his signature to this part, and shall
continue in force until terminated in one of the ways specified in
967.55.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.85 Termination.
(a) The Secretary may at any time terminate the provisions of this
part by giving at least one day's notice by means of a press release or
in any other manner which he may determine.
(b) The Secretary shall terminate the provisions of this part at the
end of any fiscal year whenever he finds that such termination is
favored by a majority of producers who, during the preceding fiscal
year, have been engaged in the production of celery for market;
provided, that such majority have, during such period produced for
market more than 50 percent of the volume of such celery produced for
market, but such termination shall be effective only if announced on or
before August 1 of the then current fiscal year.
(c) The provisions of this part shall, in any event, terminate
whenever the provisions of the act authorizing it cease to be in effect.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17848, Nov. 30,
1968)
07 CFR 967.86 Proceedings after termination.
(a) Upon the termination of the provisions of this part, the then
functioning members of the committee shall continue as joint trustees,
for the purpose of liquidating the affairs of the same committee, of all
the funds and property then in possession of, or under control of such
committee, including claims for any funds unpaid or property not
delivered at the time of such termination.
(b) The said trustees (1) shall continue in such capacity until
discharged by the Secretary; (2) shall, from time to time, account for
all receipts and disbursements, or deliver all property on hand,
together with all books and records of the committee and of the joint
trustees, to such person as the Secretary may direct; and (3) shall,
upon the request of the Secretary, execute such assignments or other
instruments necessary and appropriate to vest in such person full title
and right to all of the funds, property, and claims vested in the
committee, or the joint trustees pursuant to this part.
(c) Any funds collected pursuant to 967.41 over and above the
amounts necessary to meet outstanding obligations and expenses
necessarily incurred during the operation of this part and during the
liquidation period, shall be returned to handlers as soon as practicable
after the termination of this part. The refund to each handler shall be
represented by the excess of the amount paid by him over and above his
pro rata share of the expenses.
(d) Any person to whom funds or claims have been transferred or
delivered by the committee, or its members, pursuant to this section,
shall be subject to the same obligations imposed upon the members of
said committee and upon the said joint trustees.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17847, Nov. 30,
1968)
07 CFR 967.87 Effect of termination or amendments.
Unless otherwise expressly provided by the Secretary, the termination
of this part or of any regulation issued pursuant to this part, or the
issuance of any amendment to either thereof, shall not (a) affect or
waive any right, duty, obligation, or liability which shall have arisen
or which may thereafter arise in connection with any provision of this
part or any regulation issued hereunder, or (b) release or extinguish
any violation of this part or any regulation issued hereunder, or (c)
affect or impair any rights or remedies of the Secretary or any other
person with respect to any such violation.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17847, Nov. 30,
1968)
07 CFR 967.88 Personal liability.
No member or alternate of the committee, nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler, or to any
other person for errors in judgment, mistakes, or other acts, either of
commission or omission as such member, alternate, employee, or agent
except for acts of dishonesty.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17847, Nov. 30,
1968)
07 CFR 967.89 Duration of immunities.
The benefits, privileges and immunities conferred upon any person by
virtue of this part shall cease upon its termination, except with
respect to acts done under and during the existence of this part.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17847, Nov. 30,
1968)
07 CFR 967.90 Separability.
If any provision of this part is declared invalid or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this part or the applicability
thereof to any other person, circumstance, or thing shall not be
affected thereby.
(30 FR 14266, Nov. 13, 1965. Redesignated at 33 FR 17847, Nov. 30,
1968)
07 CFR 967.90 Subpart -- Rules and Regulations
Source: 30 FR 15416, Dec. 15, 1965, unless otherwise noted.
07 CFR 967.90 General
07 CFR 967.100 Communications.
Unless otherwise provided in the marketing agreement and order, or by
specific direction of the committee, all reports, applications,
submittals, requests, and communications in connection with the
marketing agreement and order shall be addressed to the Florida Celery
Committee, 4401 East Colonial Drive, Post Office Box 20067, at Orlando,
Fla.
07 CFR 967.100 Definitions
07 CFR 967.110 Order.
Order means Order No. 967 ( 967.1-967.60) regulating the handling
of celery grown in Florida.
07 CFR 967.111 Marketing Agreement.
Marketing Agreement means Marketing Agreement No. 149.
07 CFR 967.112 Terms.
Except as otherwise provided herein, terms used in this subpart shall
have the same meaning as when used in the marketing agreement and order.
07 CFR 967.112 Interpretative Rules
07 CFR 967.130 Producer.
(a) Producer shall be deemed to include any person: (1) Who or which
owns and farms land resulting in his or its ownership of the celery
produced thereon; (2) who or which rents and farms land, resulting in
his or its ownership of all or a portion of the celery produced thereon;
or (3) who or which owns land which he or it does not farm and, as
rental for such land, obtains the ownership of a portion of the celery
produced thereon; or (4) who or which has celery produced on his or its
behalf which results in his or its ownership of the celery so produced.
(b) The term producer is defined in 967.6 as being any person
engaged in a proprietary capacity in the production of celery (as
defined in 967.4). The term person is construed to mean the business
unit which produces celery for market. The term producer shall be
limited to those who have an ownership in celery produced in the
production area.
(c) The term partnership shall be deemed to include a husband and
wife with respect to land, the title to which, or leasehold interest in
which, is vested in them as tenants in common, joint tenants, or tenants
by entirety, or, under community property laws, as community property.
The term ''partnership'' shall also be deemed to include two or more
persons which join together by agreement, informal or otherwise, for the
purpose of producing celery and which, as a unit, has ownership of such
celery. The term ''partnership'' shall also include so-called ''joint
ventures,'' wherein one or more parties to the arrangement contribute
capital and others contribute labor, management, equipment, or other
services, or any variation of such contributions by two or more parties,
so that it results in the production of celery for market and ownership
thereof by such joint venture.
(30 FR 15416, Dec. 15, 1965, as amended at 43 FR 15609, Apr. 14,
1978)
07 CFR 967.135 Reestablishment of committee.
Pursuant to 967.25(b), the Florida Celery Committee is reestablished
to consist of 12 members, including eleven producer or handler members
and one public member.
(48 FR 21532, May 13, 1983)
07 CFR 967.136 Reapportionment of committee membership.
Pursuant to 967.27(g), industry membership on the Florida Celery
Committee shall be reapportioned among groups as follows:
(a) Group 1 -- Two members and their alternates.
(b) Group 2 -- Two members and their alternates.
(c) Group 3 -- Two members and their alternates.
(d) Group 4 -- Two members and their alternates.
(e) Group 5 -- Three members and their alternates.
(48 FR 21532, May 13, 1983)
07 CFR 967.136 Public Members
07 CFR 967.140 Eligibility requirements.
(a) Public members shall be neither producers nor handlers of celery
and shall have no direct financial interest in the production or
marketing of celery except as consumers of agricultural products.
(b) Public members should be able to devote sufficient time and
express a willingness to attend committee activities regularly and to
familiarize themselves with the background and economics of the
industry.
(c) Public members must be residents of Florida.
(d) Public members shall be nominated by the Florida Celery Committee
and shall serve a one-year term which coincides with the term of office
of producer or handler members of the committee.
(42 FR 46045, Sept. 14, 1977)
07 CFR 967.141 Nomination procedures.
(a) Names of candidates together with evidence of qualification for
public membership on the Florida Celery Committee shall be submitted to
the Committee at its business office, 4401 East Colonial Drive, or P.O.
Box 140067, Orlando, Fla. 32814, no later than April 15.
(b) Questionnaires may be sent by the committee to those persons
submitted as candidates, to determine their eligibility and interest in
becoming a public member.
(c) The names of persons nominated for the public member and
alternate positions shall be submitted by the incumbent committee to the
Secretary by July 1 with such information as deemed pertinent by the
committee or as requested by the Secretary.
(d) Nomination of the initial public member may be made later than
July 1 but as soon as practical thereafter. Such member's term shall
end July 31, 1978.
(42 FR 46045, Sept. 14, 1977, as amended at 54 FR 35317, Aug. 25,
1989)
07 CFR 967.141 Administrative Rules
07 CFR 967.150 Marketable Allotment.
(a) Producers holding Base Quantities shall register with the
committee no later than May 1 of each year, on committee forms, to
indicate their intentions and commitments to produce and market celery
during the forthcoming season.
(b) As provided in 967.38(f), Marketable Allotments shall be issued
only to producers who have registered by May 1.
(c) Pursuant to 967.36(b) no handler may handle any harvested celery
when a Marketable Quantity is in effect, unless it is within the
Marketable Allotment of a producer who has a Base Quantity pursuant to
967.37 and such producer authorized the first handler thereof to
purchase or otherwise handle it. By October 1 of each season, each
producer shall notify the committee, by certification to it on committee
forms, the number of crates of harvested celery to be handled by each
such handler; and if there are subsequent changes in arrangements, the
committee shall similarly be notified.
(43 FR 15609, Apr. 14, 1978)
07 CFR 967.151 Base Quantities.
(a) Pursuant to 967.37(d)(1) a reserve of Base Quantities shall be
established annually beginning with the 1978-79 season. Each annual
reserve shall amount to 6 percent of the total of Base Quantities in
effect for the previous season.
(1) Applicants for Base Quantities must apply to the committee for a
portion of the reserve not later than April 15 each year on such forms
as may be prescribed by the committee. Such forms may include, but not
necessarily be limited to, details on:
(i) Individual or firm name and address.
(ii) Location and size of farming operation.
(iii) Evidence of any firm and substantial arrangements or
commitments, such as contractual arrangements with credit agencies,
handlers, fertilizer dealers, management agencies and others for the
production and marketing of celery, including reference to land,
equipment, occupation, crops produced, and past experience in farming.
Applicants for increases in Base Quantity also should provide
substantial evidence of a capability to produce and market additional
celery including specific references to celery sales relative to
Marketable Allotments, production facilities and marketing facilities.
(b) Upon receipt of the completed application forms the committee
shall consider and make determinations of the allocation of annual
reserve Base Quantities among eligible applicants. Up to 50 percent of
the total reserve shall be allocated among new producers. Such
producers shall be those applicants who have no Base Quantity under the
order, and any reserve Base Quantity distributed to such applicants
shall be for the purpose of establishing new production and marketing of
celery. Up to 50 percent of the total reserve shall be allocated among
producer applicants with existing bases. In the event total
applications in either category (new producers or producers with
existing bases) exceed the amount of reserve Base Quantity authorized,
the reserve in each category shall be apportioned among eligible
applicants on a uniform basis. Any balance of the reserve which has not
been allocated during a season shall not carry forward into the
following season.
(c) As provided in 967.37, the committee may provide for informal
review in open meeting of the committee, or subcommittee thereof, of
applicants' request for increases in Base Quantities or for Base
Quantities. Such meeting shall be so conducted that an accurate record
shall be made of relevant evidence presented. The record of such
informal review, with references to relevant data and information
presented, shall be retained by the committee and shall be subject to
review by the Secretary.
(d) Each completed application form submitted to the committee shall
be considered and determinations shall be made thereon. The committee
shall notify each individual in writing of the action taken on the
applications submitted. If the committee has not advised an individual
of its decision by July 15, the individual may appeal to the Secretary
for appropriate consideration thereof.
(e) To administer this part in accordance with its terms and
provisons, a record of each Base Quantity and each Marketable Allotment
shall be maintained by the committee.
(1) Whenever any Base Quantity or any Marketable Allotment is
established for a producer, the committee shall so record and advise
such producer on forms designated by it.
(2) No producer may transfer any Base Quantity or Marketable
Allotment or obtain the same without first submitting a report
containing all the details of the proposed transfer to the committee for
record keeping and verification. Such reports shall be on forms
prescribed by the committee and shall include, but not necessarily be
limited to, and as applicable, Base Quantity or Marketable Allotment
held, number of crates to be transferred and the specific period of time
the transfer will be in effect, name and address of the producer to whom
such Base Quantity or Marketable Allotment is being transferred, number
of crates marketed in the representative period, qualifications as a
producer and particulars on the sale and handling of the celery
referable to the transferred Base Quantity or Marketable Allotment. The
committee will only give consideration to requests for transfers of Base
Quantity prior to the time the Marketable Quantity is recommended to the
Secretary for a particular season, after which time requests for
transfers of Marketable Allotments may be made to, and considered by the
committee: Provided, That, (i) pursuant to 967.36(b), transfers of
Marketable Allotment may only be made to holders of Base Quantity; and
(ii) requests for transfers of Base Quantities for any future season may
be made at any time, except, pursuant to 967.37, no Base Quantity or
portion thereof issued to a new producer may be transferred within 3
years of the date of issuance.
(3) No handler may purchase harvested celery from, or handle
harvested celery on behalf of, any producer, under a Base Quantity or
Marketable Allotment transferred from one producer to another producer,
unless such transfer was approved by the committee and recorded by it,
or appropriate subcommittee, and the transferee has been so notified by
the committee.
(4) No transfer of all or a portion of a Base Quantity that was
originally issued by the committee to a producer in an amount greater
than 37,500 crates shall (i) cause the elimination of such Base Quantity
from the Marketable Quantity or from the total Base Quantities when the
Uniform Percentage is calculated pursuant to 967.38(a), nor (ii) change
the applicability of such Uniform Percentage in establishing the
Marketable Allotment with respect to the portion of his Base Quantity
that was not transferred, regardless of whether or not such remainder
exceeds 37,500 crates. The same Uniform Percentage shall also be
applicable to the transferee-producer with respect to all or the portion
of the transferred Base Quantity, regardless of whether or not the
transferred Base Quantity or portion thereof is 37,500 crates or less,
or, when added to the Base Quantity originally issued to such
transferee-producer, does not aggregate more than 37,500 crates.
(f) Base Quantities not used for two consecutive seasons shall be
declared invalid and cancelled if no bona fide effort is made to produce
and sell celery thereunder. In determining what constitutes a ''bona
fide effort,'' the committee should require evidence of:
(1) Commitment of all resources necessary for the production and
marketing of a celery crop.
(2) Registration with the committee annually, pursuant to 967.37(f),
to indicate intentions and commitments to produce and market celery.
(3) Production and sale of at least 50 percent of the producer's
seasonal allotment of celery in which he has a proprietary interest,
unless prevented from doing so by acts of God or other circumstances
beyond his control.
(43 FR 15609, Apr. 14, 1978)
07 CFR 967.152 Reserve for Base Quantities.
(a) Each season for which it recommends establishment of a Marketable
Quantity under the provisions of 967.36, the committee shall consider
the need for a reserve for Base Quantities. Such consideration shall be
directed to factors related to reserve needs, such as, but not
necessarily limited to, the equitable apportionment of Base Quantities
of celery among producers; and the need to meet additional demand for
celery.
(b) The committee shall recommend to the Secretary, with its
considerations and judgments thereon, the amount, if any, of harvested
celery, in terms of crates, which should be established in a reserve for
Base Quantities for the ensuing season. Such reserve may be calculated
as a percentage of the total Marketable Quantity for a season or the
then current Base Quantities, or shipments for a previous season or the
average of shipments for two or more seasons, or on other similar basis
to be determined by the committee with the Secretary's approval.
(c) The reserve, if any, for a particular season shall, for any
season after the initial season, be established by the Secretary,
pursuant to the committee recommendations or other available
information, no later than the date of the establishment of Marketable
Quantity.
(d) Applicants for Base Quantities or increases of Base Quantities,
who have registered under 967.151(a), may apply to the committee for a
portion of such reserve within such time and on forms prescribed by it.
The committee shall consider each application in accordance with
967.151(b) and the amount of celery needed to meet the Marketable
Quantity or revised Marketable Quantity for the season, the historical
supply available, and the decline or increase in volume of celery
production by other producers; and, if approved thereunder, determine
the Base Quantity for each such applicant.
(e) Any balance of the reserve which has not been distributed during
a current season shall not carry forward into the following season.
07 CFR 967.155 Revised Base Quantity formula.
As soon as practicable following the May 1, 1979, registration
deadline, Base Quantities for all producers of record with the Florida
Celery Committee as of December 15, 1976, shall be revised to be
effective for the 1979-80 season as follows and in the order enumerated:
(a) Application of the provisions of 967.37(e) and 967.39 as it
pertains to permanent transfers.
(b) Selection of the highest number of crates of celery produced and
shipped by or for each producer during any one of the five seasons,
1974-75 through 1978-79, or his Base Quantity for the 1978-79 season,
whichever is greater: Provided however, no producer who produced and
shipped celery during each of the five seasons, 1974-75 through 1978-79,
shall lose all or any portion of his Base Quantity by the application of
967.39 pertaining to specified period of time transfers, which were
approved by the committee prior to the commencement of the 1974-75
season: And provided further, any new producer who is issued a Base
Quantity by the committee under 967.37(d) or by transfer after December
15, 1976, shall retain his present Base Quantity.
(c) Any producer who transferred, with approval of the committee, all
or a portion of his Base Quantity for a specified period of time prior
to the commencement of the 1974-75 season shall have the transferred
Base Quantity reissued to him upon the expiration date of such transfer.
(43 FR 57240, Dec. 7, 1978)
07 CFR 967.155 Reports and Records
07 CFR 967.165 Reports.
(a) Pursuant to 967.45, the following reports shall be furnished by
each handler to the committee at such time and on such forms as it may
request:
(1) A report of daily celery handlings broken down by number of
crates, sizes, and each producer thereof.
(2) A weekly report of assessments due the committee.
(b) Pursuant to 967.37(c), the following reports shall be furnished
by producers as a condition for obtaining, holding, or transferring Base
Quantities or Marketable Allotments:
(1) A weekly celery report showing acreage planted and harvested, and
the number of crates harvested each day.
(2) A weekly report by each producer who marketed celery verifying
the number of crates marketed and the balance of such producer's
Marketable Allotment.
(3) Anticipated planting and harvesting schedule by each producer for
the ensuing season, including total acres to be planted, beginning and
ending dates of planting and harvesting, total production, for whom
grown, and handler or handlers thereof.
(4) A report by each producer of production when done under contract
giving such information as location, total acres to be planted,
beginning and ending dates of planting and harvesting, handler,
breakdown of proprietary interest by blocks and percent of ownership of
other producers who have an interest.
(5) Pursuant to 967.37, the committee shall be notified within a
reasonable length of time by the executor, attorney, or receiver as
applicable, following the death of a producer, or upon dissolution of
any partnership, corporation or company which is a producer, who or
which is a holder of a Base Quantity, of (i) the current status of the
Base Quantity, and (ii) the final status or disposition of the Base
Quantity.
(31 FR 4276, Mar. 11, 1966, as amended by Amdt. 1, 33 FR 7442, May
18, 1968)
07 CFR 967.166 Records.
Pursuant to 967.46 and 967.47, any and all applicable records and
accounts of producers and handlers shall be maintained and shall be made
available to a certified public accountant, as agent of the committee,
for audit, if requested by the committee or its manager.
(31 FR 4276, Mar. 15, 1966)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .200 through .299) and
''Handling'' regulations (e.g., sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. Federal Register citations affecting these regulations,
see the ''List of CFR Sections Affected'' in the Finding Aids section of
this volume.
07 CFR 967.166 PART 971 -- LETTUCE GROWN IN LOWER RIO GRANDE VALLEY IN SOUTH TEXAS
07 CFR 967.166 Pt. 971
07 CFR 967.166 Subpart -- Order Regulating Handling
Sec.
971.1 Secretary.
971.2 Act.
971.3 Person.
971.4 Production area.
971.5 Lettuce.
971.6 Handler.
971.7 Handle.
971.8 Registered handler.
971.9 Producer.
971.10 Grade and size.
971.11 Pack.
971.12 Container.
971.13 Varieties.
971.14 Committee.
971.15 Fiscal period.
971.16 Export.
971.20 Establishment and membership.
971.21 Selection.
971.22 Term of office.
971.23 Nominations.
971.24 Failure to nominate.
971.25 Acceptance.
971.26 Vacancies.
971.27 Alternate members.
971.28 Procedure.
971.29 Expenses and compensation.
971.30 Powers.
971.31 Duties.
971.40 Expenses.
971.41 Budget.
971.42 Assessments.
971.43 Accounting.
971.48 Research and development.
971.50 Marketing policy.
971.51 Recommendations for regulations.
971.52 Issuance of regulations.
971.53 Allocation bases and allotments.
971.54 Handling for special purposes.
971.55 Safeguards.
971.56 Notification of regulation.
971.60 Inspection and certification.
971.80 Reports.
971.81 Compliance.
971.82 Right of the Secretary.
971.83 Effective time.
971.84 Termination.
971.85 Proceeding after termination.
971.86 Effect of termination or amendments.
971.87 Duration of immunities.
971.88 Agents.
971.89 Derogation.
971.90 Personal liability.
971.91 Separability.
971.92 Amendments.
07 CFR 967.166 Subpart -- Rules and Regulations
971.100 Order.
971.101 Terms.
971.102 Communications.
971.103 Fiscal period.
971.104 Registered handler.
971.110 Estimates of lettuce for current shipment.
971.111 Apportionment of allotments.
971.112 Compliance verification.
971.113 Adjustment of allotments.
971.114 Reports.
971.120 Policy.
971.121 Qualification.
971.122 Application.
971.123 Approval.
971.124 Reports.
971.125 Disqualification.
971.322 Handling regulation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 967.166 Subpart -- Order Regulating Handling
Source: 25 FR 12227, Nov. 30, 1960, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 967.166 Definitions
07 CFR 971.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department to whom authority has
heretofore been delegated, or to whom authority may be hereafter
delegated, to act in his stead.
07 CFR 971.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
re-enacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674).
07 CFR 971.3 Person.
Person means an individual, partnership, corporation, association or
any other business unit.
07 CFR 971.4 Production area.
Production Area means the counties of Cameron, Hidalgo, Starr, and
Willacy, in the State of Texas.
07 CFR 971.5 Lettuce.
Lettuce means all varieties of Lactuca sativa grown within the
production area.
(25 FR 12227, Nov. 30, 1960. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 41390, June 19, 1980)
07 CFR 971.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of lettuce owned by another person) who
handles lettuce or causes lettuce to be handled.
07 CFR 971.7 Handle.
Handle or ship means to package, sell, transport, or in any other way
to place lettuce in the current of the commerce within the production
area or between the production area and any point outside thereof. The
sale or transportation of lettuce by the producer thereof to a person
within the production area who is a registered handler is excepted from
the aforesaid definition.
07 CFR 971.8 Registered handler.
Registered handler means any person with adequate facilities within
the production area for preparing lettuce for commercial market, who
customarily does so, and who is so recorded by the committee, or any
person who has access to such facilities within the production area and
has recorded with the committee his ability and willingness to assume
customary obligations of preparing lettuce for commercial market.
07 CFR 971.9 Producer.
Producer means any person engaged in a proprietary capacity in the
production of lettuce for market.
07 CFR 971.10 Grade and size.
Grade means any of the established grades of lettuce and size means
any of the established sizes of lettuce as defined and set forth in U.S.
Standards for Lettuce ( 51.2510 to 51.2531 of this title) issued by the
United States Department of Agriculture, or amendments thereto, or
modifications thereof, or variations based thereon, recommended by the
committee and approved by the Secretary.
07 CFR 971.11 Pack.
Pack means a quantity of lettuce in any type of container and which
falls within specific weight limits, numerical limits, grade limits,
size limits or any combination of these, recommended by the committee
and approved by the Secretary.
07 CFR 971.12 Container.
Container means a carton, crate, box, bag, hamper, basket, package,
or any other type of receptacle used in handling lettuce.
07 CFR 971.13 Varieties.
Varieties means and includes all classifications, subdivisions, or
types of lettuce according to those definitive characteristics now or
hereafter recognized by the United States Department of Agriculture or
recommended by the Committee, and approved by the Secretary.
07 CFR 971.14 Committee.
Committee means the South Texas Lettuce Committee, established
pursuant to 971.20.
07 CFR 971.15 Fiscal period.
Fiscal period means the annual period beginning and ending on such
dates as may be approved by the Secretary pursuant to recommendations of
the committee.
07 CFR 971.16 Export.
Export means shipment of lettuce to any destination which is not
within the 48 contiguous States, or the District of Columbia, of the
United States.
07 CFR 971.16 Committee
07 CFR 971.20 Establishment and membership.
(a) The South Texas Lettuce Committee is hereby established
consisting of 12 members, including seven producers, four handlers and
one public member. Each shall have an alternate who shall have the same
qualifications as the member.
(b) Each committee member and alternate shall be a resident of the
production area. Industry members shall be producers or handlers, or
officers or employees of a producer or handler or of a producers'
cooperative marketing organization. The public member shall be a person
who has no financial interest in the commercial production or marketing
of lettuce except as a consumer, and shall not be a director, officer or
employee of any firm so engaged.
(45 FR 41390, June 19, 1980)
07 CFR 971.21 Selection.
Committee members and alternates shall be selected by the Secretary
from the production area at large. Producers and handlers,
respectively, shall submit nominees to the Secretary from which members
and alternates may be selected.
07 CFR 971.22 Term of office.
(a) The term of office of committee members and their respective
alternates shall be for two years and shall begin as of August 1 and end
as of July 31. The term shall be so determined that about one-half of
the total committee membership shall terminate each year.
(b) Committee members and alternates shall serve during the term of
office for which they are selected and have qualified, or during that
portion thereof beginning on the date on which they qualify during such
term of office and continuing until the end thereof, and until their
successors are selected and have qualified.
07 CFR 971.23 Nominations.
Nominations for committee members and alternates may be made as
follows:
(a) A meeting or meetings for election of nominees may be held for
the production area at large;
(b) At each such meeting at least one nominee shall be designated for
each position as member and for each position as alternate member on the
committee;
(c) Nominations for committee members and alternates shall be
supplied to the Secretary in such manner and form as he may prescribe
not later than July 15 of each year;
(d) Only producers may participate in designating producer nominees,
and only handlers may participate in naming handler nominees;
(e) Each person, whether producer or handler, is entitled to cast
only one vote on behalf of himself, his agents, subsidiaries,
affiliates, and representatives in designating nominees for committee
members and alternates. An eligible voter's privilege of casting only
one vote shall be construed to permit a voter to cast one vote for each
position to be filled.
(f) The public member and alternate shall be nominated by the
industry members of the committee. The committee shall prescribe such
additional qualifications, administrative rules and procedure for
selection and voting for each candidate as it deems necessary and as the
Secretary approves.
(25 FR 12227, Nov. 30, 1960. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 41391, June 19, 1980)
07 CFR 971.24 Failure to nominate.
If nominations are not made within the time and in the manner
specified in 971.23 the Secretary may, without regard to nominations,
select the committee members and alternates, which selections shall be
on the basis of the representation provided for in 971.20.
07 CFR 971.25 Acceptance.
Any person selected as a committee member or alternate shall qualify
by filing a written acceptance with the Secretary within ten days after
being notified of such selection.
07 CFR 971.26 Vacancies.
To fill committee vacancies, the Secretary may select members or
alternates from nominees on the current nominee list, or from
nominations made in the manner specified in 971.23. If the names of
nominees to fill any such vacancy are not made available to the
Secretary within 30 days after such vacancy occurs, such vacancy may be
filled without regard to nominations.
07 CFR 971.27 Alternate members.
An alternate member of the Committee shall act in place and stead of
the member during such member's absence or when designated to do so. In
the event both a member of the committee and that member's respective
alternate are unable to attend a committee meeting, the member,
alternate, or the committee, in that order, may designate another
alternate from the same group (producer or handler) to serve in such
member's stead. In the event of the death, removal, resignation, or
disqualification of a member, the alternate shall act for the member
until a successor for such member is selected and has qualified. The
committee may request the attendance of alternates at any or all
meetings, notwithstanding the expected or actual presence of the
respective members.
(45 FR 41391, June 19, 1980)
07 CFR 971.28 Procedure.
(a) At assembled meetings seven members of the committee shall
constitute a quorum and seven concurring votes shall be required to
approve any committee action. Such votes shall be case in person.
(b) The committee may meet by telephone, telegraph, or other means of
communication. The agendas of such meetings shall be limited to
nonregulatory provisions and packing holidays only and any vote cast
shall be promptly confirmed in writing. On such occasions nine
concurring votes shall be required to approve any action.
(45 FR 41391, June 19, 1980)
07 CFR 971.29 Expenses and compensation.
Committee members and alternates when acting on committee business
shall be reimbursed for reasonable expenses necessarily incurred by them
in the performance of their duties and in the exercise of their powers
under this part. In addition they may receive compensation at a rate to
be determined by the committee and approved by the Secretary.
07 CFR 971.30 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms and provisions;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 971.31 Duties.
It shall be, among other things, the duty of the committee:
(a) As soon as practicable after the beginning of each term of
office, to meet and organize, to select a chairman and such other
officers as may be necessary, to select subcommittees of committee
members or alternates, to nominate the public member and alternate, to
provide for consultants and their services, and to adopt such rules and
regulations for the conduct of its business as it may deem advisable;
(b) To act as intermediary between the Secretary and any producer or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary, to determine the salaries and define the duties of each
such person, and to protect the handling of committee funds through
fidelity bonds;
(e) To investigate from time to time and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
lettuce;
(f) To prepare a marketing policy;
(g) To recommend marketing regulations to the Secretary;
(h) To recommend rules and procedures for, and to make determinations
in connection with, issuance of Certificates of Privilege;
(i) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books, and
records shall be subject to examination at any time by the Secretary or
by his authorized agent or representative. Minutes of each committee
meeting shall be reported promptly to the Secretary. At the end of each
marketing season a statistical and historical report of operations shall
be compiled and furnished to the Secretary;
(j) At the beginning of each fiscal period, to prepare a budget of
its expenses for such fiscal period, together with a report thereon;
(k) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal period, and at such other time as
the committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part. A copy of each such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of the committee for inspection by
producers and handlers; and
(l) To consult, cooperate, and exchange information with other
marketing order committees and other individuals or agencies in
connection with all proper committee activities and objectives under
this part.
(25 FR 12227, Nov. 30, 1960. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 41391, June 19, 1980)
07 CFR 971.31 Expenses and Assessments
07 CFR 971.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
may find are reasonable and likely to be incurred during each fiscal
period for its maintenance and functioning, and for such purposes as the
Secretary, pursuant to this subpart, determines to be appropriate. Each
handler's share of such expense shall be proportionate to the ratio
between the total quantity of lettuce under regulation handled by him as
the first handler thereof during a fiscal period and the total quantity
of lettuce under regulation handled by all handlers as first handlers
thereof during such fiscal period.
07 CFR 971.41 Budget.
As soon as practicable after the beginning of each fiscal period and
as may be necessary thereafter, the committee shall prepare an estimated
budget of income and expenditures necessary for the administration of
this part. The committee may recommend a rate of assessment calculated
to provide adequate funds to defray its proposed expenditures. The
committee shall present such budget to the Secretary with an
accompanying report showing the basis for its calculations.
07 CFR 971.42 Assessments.
(a) The funds to cover the committee's expenses shall be acquired by
the levying of assessments upon handlers as provided in this subpart.
Each handler who first handles lettuce which is regulated under this
part shall pay assessments to the committee upon demand, which
assessments shall be in payment of such handler's pro rata share of the
committee's expenses. If a handler does not pay the assesssment within
the time prescribed by the committee, the assessment may be increased by
a late payment charge or an interest charge or both.
(b) Assessments, late payment charges and interest charges shall be
levied upon handlers at rates established by the Secretary. Such rates
may be established upon the basis of the committee's recommendations and
other available information. Such rates may be applied to specified
containers used in the production area.
(c) At any time during, or subsequent to, a given fiscal period the
committee may recommend the approval of an amended budget and an
increase in the rate of assessment. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the rate of assessment. Such
increase shall be applicable to all lettuce which was regulated under
this part and which was handled by the first handler thereof during such
fiscal period.
(25 FR 12227, Nov. 30, 1960. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 41391, June 19, 1980)
07 CFR 971.43 Accounting.
(a) If, at the end of a fiscal period, the assessments collected are
in excess of expenses incurred, such excess shall be accounted for in
accordance with one of the following:
(1) If such excess is not retained in a reserve, as provided in
paragraph (a) (2) of this section, it shall be refunded proportionately
and to the extent practical to the persons from whom it was collected.
(2) The committee with the approval of the Secretary, may carry over
such excess into subsequent fiscal periods as a reserve: Provided, That
funds already in the reserve do not exceed approximately three fiscal
periods' budgeted expenses. Such reserve funds may be used (i) to
defray expenses, during any fiscal period, prior to the time assessment
income is sufficient to cover such expenses, (ii) to cover deficits
incurred during any fiscal period when assessment income is less than
expenses, (iii) to defray expenses incurred during any period when any
or all provisions of this part are suspended or are inoperative, (iv) to
cover necessary expenses of liquidation in the event of termination of
this part. Upon such termination, any funds not required to defray the
necessary expenses of liquidation shall be disposed of in such manner as
the Secretary may determine to be appropriate.
(b) All funds received by the committee pursuant to the provisions of
this part shall be used solely for the purpose specified in this part
and shall be accounted for in the manner provided for in this part. The
Secretary may at any time require the committee and its members to
account for all receipts and disbursements.
(c) Upon the removal or expiration of the term of office of any
member of the committee, such member shall account for all receipts and
disbursements and deliver all property and funds in his possession to
the committee, and shall execute such assignments and other instruments
as may be necessary and appropriate to vest in the committee full title
to all of the property, funds, and claims vested in such member pursuant
to this part.
(d) The committee may make recommendations to the Secretary for one
or more of the members, thereof, or any other person, to act as a
trustee for holding records, funds, or any other committee property
during periods of suspension of this subpart, or during any period or
periods when regulations are not in effect and if the Secretary
determines such action appropriate, he may direct that such person or
persons shall act as trustee or trustees for the committee.
(25 FR 12227, Nov. 30, 1960. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 41391, June 19, 1980)
07 CFR 971.43 Research and Development
07 CFR 971.48 Research and development.
The committee, with the approval of the Secretary, may establish or
provide for the establishment of production research, marketing research
and development projects designed to assist, improve, or promote the
marketing, distribution, and consumption or efficient production of
lettuce. The expenses of such projects shall be paid from funds
collected pursuant to 971.42.
(25 FR 12227, Nov. 30, 1960. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 45 FR 41391, June 19, 1980)
07 CFR 971.48 Regulations
07 CFR 971.50 Marketing policy.
(a) At the beginning of each season, and as the Secretary may
require, the committee shall prepare a marketing policy statement. Such
policy statement shall indicate the data on lettuce supplies and demand
on which the committee bases its judgments and recommendations. It
shall indicate also the kind or types of regulations contemplated during
the ensuing season, and, to the extent practical, shall include
recommendations for specific regulations. Notice of such marketing
policy shall be given to producers, handlers, and other interested
parties by bulletins, newspapers, or other appropriate media, and copies
thereof shall be submitted to the Secretary and shall be available
generally.
(b) Marketing policy statements relating to recommendations for
regulations other than volume regulation shall give appropriate
consideration to lettuce supplies for the remainder of the season, with
special consideration to:
(1) Estimates of total supplies including grade, size, and quality
thereof, in the production area;
(2) Estimates of supplies in competing areas;
(3) Market prices by grades, sizes, containers, and packs;
(4) Estimates of supplies of competing commodities;
(5) Anticipated marketing problems;
(6) Level and trend of consumer income; and
(7) Other relevant factors.
(c) Marketing policy statements relating to recommendations for
volume regulations shall give special consideration to:
(1) Estimates of total lettuce supplies, and the quality and
condition thereof, in the production area for the immediately succeeding
regulation periods;
(2) Estimates of lettuce supplies, and quality and condition thereof,
in competing areas;
(3) Lettuce prices by grades, sizes, containers, and packs, to
growers, to handlers, and in receiving markets;
(4) Anticipated special marketing problems; and
(5) Other relevant factors.
07 CFR 971.51 Recommendations for regulations.
(a) Upon complying with the requirements of 971.50, the committee
may recommend regulations to the Secretary whenever it finds that such
regulations as are provided for in this subpart will tend to effectuate
the declared policy of the Act.
(b) At any time during a specified period for which the Secretary has
fixed the quantity of lettuce which may be handled, if the committee
deems such action advisable, it may recommend to the Secretary that such
quantity be increased for such period. The committee's reasons therefor
shall be submitted with any such recommendation.
07 CFR 971.52 Issuance of regulations.
(a) The Secretary shall limit by regulation the handling of lettuce
whenever he finds from the recommendations and information submitted by
the committee, or from other available information, that such
regulations would tend to effectuate the declared policy of the Act.
(b) Such regulations may:
(1) Limit in any or all portions of the production area the handling
of particular grades, sizes, qualities, or packs, or any combination
thereof, of any or all varieties of lettuce during any period.
(2) Limit the handling of particular grades, sizes, qualities, or
packs of lettuce differently for different varieties, for different
portions of the production area, for different markets, for different
containers, or any combination of the foregoing, during any period.
(3) Fix the size, capacity, weight, dimensions, or pack of the
container or containers used in handling lettuce.
(4) Establish holidays by prohibiting the packaging of lettuce during
a specified period or periods. No regulation issued pursuant hereto
shall be effective for more than 72 hours, and not less than 72 hours
shall elapse between the termination of any such holiday and the
beginning of the next such period.
(5)(i) Fix the total quantity of lettuce which may be handled by all
handlers during any period or periods. The total quantity so fixed for
handling during any period may be increased by the Secretary during such
period.
(ii) Fix the proportions of each handler's allotment which he may not
exceed in any one day.
(6) Limit the handling of lettuce, when parity prices have been
established, by establishing and maintaining minimum standards of
quality and maturity in terms of grades or sizes, or an orderly flow of
lettuce supplies to market throughout its normal marketing season to
avoid unreasonable fluctuations in supplies and prices, or both.
(c) Quantity regulations may be issued upon determination that the
terms and provisions of 971.53 have been met.
(d) Regulations issued hereunder may be amended, modified, suspended,
or terminated whenever it is determined:
(1) That such action is warranted upon recommendation of the
committee or other available information;
(2) That such action is essential to provide relief from inspection,
assessment, or regulations under paragraph (b) of this section for
minimum quantities less than customary commercial transactions;
(3) That regulations issued hereunder obstruct or no longer tend to
effectuate the declared policy of the Act.
07 CFR 971.53 Allocation bases and allotments.
(a) Estimates of lettuce available for current shipment. The
committee, with approval of the Secretary, shall establish uniform rules
for estimating available supplies of lettuce, or of any grade, size, or
quality thereof, during any specified period or periods. Among other
appropriate requirements, such rules may provide that:
(1) Each person who has lettuce available for current shipment shall
submit to the committee, at such time and in such manner as may be
designated by the committee, and upon forms made available by it, a
written application for an allocation base and for allotments as
provided in this part;
(2) Each application shall be substantiated in such manner and shall
be supported by such evidence as the committee may require, and shall
include at least the name and address of the producer, or duly
authorized agent, if any, for each field or portion thereof, from which
lettuce is to be harvested and which is included in the quantity of
lettuce available for current shipment by the applicant; an accurate
description of the location of each such field or portion thereof,
including the number of acres contained therein;
(3) Such application shall include only such lettuce for current
shipment which the applicant controls by a bona fide written contract
giving the applicant authority to handle such lettuce, or by having
legal title or possession thereof, or by having executed a bona fide
written agreement to purchase such lettuce;
(4) Each such application shall state the harvesting percentages for
each week, or other specified allotment period, which the applicant
intends to apply to particular, identified fields during such harvesting
periods. Such declarations shall be pursuant to formulas established by
the committee indicating the range of percentages which may be declared
as available for harvest during each of the two or more weeks in which
lettuce may be harvested from individual fields.
(b) Committee verification. The committee shall check and determine
the accuracy of the information submitted pursuant to this section and
shall be authorized to make a thorough investigation of any application.
Whenever the committee finds an error, omission, or inaccuracy in any
such information, it shall correct the same and shall give the person
who submitted such report a reasonable opportunity to discuss with the
committee the factors considered in making the correction.
(c) Allocation base. Each week during the marketing season when
volume regulation is likely to be recommended, the committee shall
compute the total quantity of lettuce available for current shipment by
each person who has applied for an allocation base and for allotments.
On the basis of such computation, the committee shall fix an allocation
base for each person entitled thereto. Such allocation base shall
represent the ratio between the total quantity of lettuce available for
current shipment by each applicant and the total quantity of lettuce
available for current shipment by all such applicants for allocation
bases. The committee shall notify the Secretary of the allocation base
fixed for each person and shall notify each such person of the
allocation base fixed for him.
(d) Allotments. (1) Whenever the Secretary has fixed the quantity of
lettuce which may be handled during any week, the committee shall
calculate the quantity of lettuce which may be handled by each such
person during such week. The said quantity shall be the allotment of
such person and shall be in an amount equivalent to the product of the
allocation base of such person and the total quantity of lettuce fixed
by the Secretary as the total quantity of lettuce which may be handled
during such week. The committee shall give reasonable notice to each
person of the allotment computed for him pursuant to this part.
(2) The committee, with approval of the Secretary, shall establish
uniform rules to the end that handlers' allotments will be apportioned
equitably among producers thereof.
(e) Verification of compliance with allotments. Fields or blocks of
lettuce included in applications for allocation bases and allotments
shall be checked from time to time, as deemed necessary by the
committee, to determine compliance with allotments. Checking
procedures, methods for establishing committee determinations, means for
notifying handlers and other persons of the extent to which allotments
on specific fields or blocks have been used, and provision for issuance
of certificates of compliance with allotments shall be in accordance
with rules recommended by the committee and approved by the Secretary.
Such rules may also provide that a handler shall not package or sell
lettuce from a field or fields on which allotments applicable to the
available supply estimated therefor have been exhausted unless
regulations in effect under 971.52(b)(5) are suspended or terminated.
(f) Adjustment of allotments. The committee may, pursuant to rules
and regulations recommended by the committee and approved by the
Secretary, provide for transferring or adjusting allotments during any
allotment period. Such adjustments may be based upon factors such as
weather, changes in maturity, condition, harvestability, changes in
ownership or control of such lettuce, or other factors affecting the
supplies of lettuce available for current shipment.
(g) Assignment of allotments. In connection with all shipments of
lettuce other than shipments by rail car, the committee may require,
pursuant to rules approved by the Secretary, that each such shipment
shall be accompanied by an assignment of allotment covering such
shipment provided by the first handler thereof. Such rules shall
provide for appropriate forms, methods and manner of issuance thereof,
and information to be required in connection therewith.
07 CFR 971.54 Handling for special purposes.
Regulations in effect pursuant to 971.42, 971.52, or 971.60 may be
modified, suspended, or terminated by the Secretary, upon recommendation
of the committee, to facilitate handling of lettuce for: (a) Relief or
charity; (b) experimental purposes; (c) exports; and (d) other
special purposes.
07 CFR 971.55 Safeguards.
The committee, with the approval of the Secretary, may establish
through rules the requirements with respect to proof that shipments made
pursuant to 971.54 were handled and used for the purpose stated.
07 CFR 971.56 Notification of regulation.
The Secretary shall promptly notify the committee of regulations
issued or of any modification, suspension, or termination thereof. The
committee may give additional notice thereof to handlers.
07 CFR 971.56 Inspection
07 CFR 971.60 Inspection and certification.
(a) Whenever the handling of lettuce is regulated pursuant to 971.52
or at other times when recommended by the committee and approved by the
Secretary, no handler shall handle lettuce unless it is inspected by an
authorized representative of the Federal-State Inspection Service and it
is covered by a valid inspection certificate, except when relieved from
such requirements pursuant to 971.52(d) or 971.54, or paragraph (b) of
this section.
(b) Regarding, resorting, repacking any lot of lettuce, or breaking
any lot (without continuing identification of applicable inspection or
sub-certification thereof), shall invalidate any prior inspection
certificate insofar as the requirements of this section are concerned.
No handler shall handle lettuce after a lot has been broken, regraded,
repacked or resorted, or in any other way additionally prepared for
market, unless such lettuce is inspected by an authorized representative
of the Federal or Federal-State Inspection Service. Such inspection
requirements on regraded, resorted, repacked, or broken lots of lettuce
may be modified, suspended or terminated upon recommendation by the
committee, and approval of the Secretary.
(c) Upon recommendation of the committee and approval by the
Secretary, any or all lettuce so inspected and certified shall be
identified by appropriate seals, stamps, or tags, to be affixed to the
containers by the handler under the direction and supervision of a
Federal or Federal-State inspector or the committee.
(d) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(e) When lettuce is inspected in accordance with the requirements of
this section, a copy of each inspection certificate issued shall be made
available to the committee by the inspection service.
(f) The committee may recommend and the Secretary may require that no
handler shall transport or cause the transportation of lettuce by motor
vehicle or by other means unless such shipment is accompanied by a copy
of the inspection certificate issued thereon, or other document
authorized by the committee to indicate that such inspection has been
performed. Such certificate or document shall be surrendered to such
authority as may be designated.
07 CFR 971.60 Reports
07 CFR 971.80 Reports.
Upon request of the committee, made with the approval of the
Secretary, handlers shall furnish to the committee, in such manner and
at such time as it may prescribe, such reports and other information as
may be necessary for the committee to perform its duties under this
part. Where necessary for determining compliance with regulations, the
committee may request reports from individual handlers with respect to
specific sales, transportation, or other handling of lettuce.
(a) Such reports may include, but are not necessarily limited to, the
following:
(1) Fields or blocks of lettuce owned or controlled by applicants for
allotments; (2) the quantities of lettuce harvested, packed, or
otherwise handled by a handler; (3) quantities of lettuce harvested
from particular fields or blocks thereof, with dates of harvest; (4)
the quantities disposed of by a handler segregated as to the respective
quantities subject to particular regulations and not subject to
regulation; (5) the date of each such disposition and the
identification of the carrier transporting such lettuce; and (6)
identification of the inspection certificates relating to the lettuce
which was handled pursuant to 971.52 and 971.54.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employee
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to the prohibition of
disclosure of individual handlers' identities or operations.
(c) Each handler shall maintain for at least two succeeding years
such records of the lettuce received, and of lettuce disposed of, by
such handler as may be necessary to verify the reports he submits to the
committee pursuant to this section.
07 CFR 971.80 Compliance
07 CFR 971.81 Compliance.
Except as provided in this subpart, no handler shall handle lettuce,
the handling of which has been prohibited by the Secretary in accordance
with provisions of this subpart, or the rules and regulations
thereunder, and no handler shall handle lettuce except in conformity to
the provisions of this subpart.
07 CFR 971.81 Miscellaneous Provisions
07 CFR 971.82 Right of the Secretary.
The members of the committee (including successors and alternates),
and any agent or employee appointed or employed by the committee shall
be subject to removal or suspension by the Secretary at any time. Each
and every order, regulation, decision, determination or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval, the
disapproved action of the said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 971.83 Effective time.
The provisions of this subpart, or any amendment thereto, shall
become effective at such time as the Secretary may declare and shall
continue in force until terminated in one of the ways specified in this
subpart.
07 CFR 971.84 Termination.
(a) The Secretary may, at any time, terminate the provisions of this
subpart by giving at least one day's notice by means of a press release
or in any other manner which he may determine.
(b) The Secretary may terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(c) The Secretary shall terminate the provisions of this subpart at
the end of any fiscal period whenever he finds that such termination is
favored by a majority of producers who, during a representative period,
have been engaged in the production of lettuce for market: Provided,
That such majority has, during such representative period, produced for
market more than fifty percent of the volume of such lettuce produced
for market.
(d) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
07 CFR 971.85 Proceeding after termination.
(a) Upon the termination of the provisions of this subpart the then
functioning members of the committee shall continue as joint trustees
for the purpose of settling the affairs of the committee by liquidating
all funds and property then in the possession of or under control of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
person as the Secretary may direct; and shall, upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such persons full title and right to all of the
funds, property, and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 971.86 Effect of termination or amendments.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not (a) affect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provision of
this subpart or any regulation issued under this subpart, or (b) release
or extinguish any violation of this subpart or of any regulation issued
under this subpart, or (c) affect or impair any rights or remedies of
the Secretary or of any other person with respect to any such violation.
07 CFR 971.87 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 971.88 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this subpart.
07 CFR 971.89 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 971.90 Personal liability.
No member or alternate of the committee nor any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, agent, or employee,
except for acts of dishonesty, willful misconduct or gross negligence.
07 CFR 971.91 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing shall
not be affected thereby.
07 CFR 971.92 Amendments.
Amendments to this subpart may be proposed, from time to time, by the
committee or by the Secretary.
07 CFR 971.92 Subpart -- Rules and Regulations
Source: 26 FR 123, Jan. 7, 1961, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 971.92 General
07 CFR 971.100 Order.
Order means Order No. 971 ( 971.1 to 971.92) regulating the
handling of lettuce grown in the Lower Rio Grande Valley in South Texas.
07 CFR 971.101 Terms.
The terms used in this subpart shall have the same meaning as when
used in the order.
07 CFR 971.102 Communications.
Unless otherwise provided in the order, or by specific direction of
the committee, all reports, applications, submittals, requests and
communications in connection with the order shall be addressed to the
South Texas Lettuce Committee, at its principal office.
07 CFR 971.103 Fiscal period.
The fiscal period which extends from November 1, 1962, through
October 31, 1963 (7 CFR 971.103), shall end July 31, 1963. Beginning
August 1, 1963, and thereafter, the fiscal period shall begin August 1
of each year and end July 31 of the following year, both dates
inclusive.
(29 FR 1445, Jan. 29, 1964)
07 CFR 971.104 Registered handler.
For purposes of this part any person who operates as an established
lettuce handler within the production area, with commonly accepted
adequate facilities for grading and packing lettuce for market and who
customarily buys lettuce from producers for packing and marketing, shall
be recorded by the committee as a registered handler. Any other person
who wishes to be listed as a registered handler may make application for
registration on forms furnished by the committee. If such applicant has
facilities available to him that are determined by the committee to be
adequate for grading and packing lettuce for market, and he assumes
responsibility for inspection of lettuce handled by him, and for
assessments thereon, he may be approved and recorded as a registered
handler. If the committee determines from the available information
that the applicant is not entitled to be registered with the committee,
he shall be so informed by written notice stating the reason for denial
of his application. Any registration of a handler pursuant to this
section may be canceled by the committee under circumstances which would
have justified denial of his application. Any handler whose
registration has been canceled shall be so informed by written notice
thereof stating the reason therefor. The committee shall also notify
producers of each such cancellation of handler registration through
committee bulletins or published notice in local newspapers of general
distribution, or both.
07 CFR 971.104 Estimates and Allotments
07 CFR 971.110 Estimates of lettuce for current shipment.
(a) Administrative policy. Prior to, or at the beginning, of each
lettuce marketing season the committee shall consider whether volumes
regulations are probable during the ensuing season. If, after
consideration of all factors bearing on the marketing of lettuce during
the ensuing season, volume regulations are deemed sufficiently probable
to warrant preparation therefor, the committee shall so announce to
producers, handlers, and the public. Announcements shall indicate the
preparatory work necessarily required of lettuce producers and handlers
for estimates of lettuce available for current shipment during any
ensuing allotment periods. The committee shall specify the dates on
which fields or blocks of lettuce shall be recorded with the committee,
and the dates on which it will begin estimating lettuce available for
current shipment in ensuing allotment periods. The committee shall
provide forms for recording fields or blocks of lettuce by producers and
handlers and for use in applying for allocation bases and allotments.
(b) Application for allocation bases and allotments. Each season, on
the date established by the committee for the initial allotment period
and thereafter on the date established for each succeeding allotment
period, each person who has lettuce available for current shipment shall
submit, at the time, place, and manner prescribed by the committee, and
on forms provided by the committee, an application for an allocation
base and allotments on specific fields or blocks of lettuce declared by
such person as available for current shipment. Applications shall
contain information essential to the committee for estimating current
supplies available for shipment by the applicant during the allotment
periods set forth in the application, and to the extent applicable,
shall include the following:
(1) Name and address of the applicant
(2) Names and addresses of producers of lettuce included in the
application
(3) Agent or handler
(4) Proof of ownership or other authority supporting the application
(5) Identification, location, and description of fields or blocks
(6) Net acres in the respective fields or blocks
(7) Harvest period
(8) Intended harvesting percentage for each week
(9) Signature of applicant.
07 CFR 971.111 Apportionment of allotments.
(a) Pursuant to computations made in accordance with 971.53(d)(1),
the committee shall notify each applicant of (1) his total allotment,
(2) the amount thereof based on lettuce produced by the applicant and
(3) (if applicable) the amount thereof based on lettuce produced by each
of the other producers named in the application.
(b) Each handler with an allotment which is made up in whole or in
part of lettuce produced by others shall notify each of the other
participating producers, in the manner and at the time prescribed by the
committee, of his equitable portion of the allotment.
(c) When handlers are limited by weekly volume regulations, or in the
proportion of their weekly allotment which may not be exceeded in any
one day, each handler with allotted lettuce owned or controlled by other
persons shall equitably apportion such allotment among each of the other
persons whose lettuce is included in the estimates on which the
allotment is based. In carrying out the equitable apportionment of such
weekly allotments, handlers may give consideration to the following
factors: (1) Weather conditions, or other similar acts beyond control
of the producers or the handler and their effect on the growth,
maturity, and harvestability of each producer's lettuce; (2) reasonable
management of harvesting and packing operations; (3) practical and
economical distribution and assignment of harvesting and packing crews
in the mutual interests of producers and handlers; (4) customary
management and marketing practices under similar conditions in the
absence of regulations; and (5) other factors contributing to mutually
satisfactory producer-handler relationships in the marketing of lettuce.
07 CFR 971.112 Compliance verification.
(a) Each week during allotment periods, the committee shall
investigate, or cause to be investigated, each handler's performance in
harvesting fields or blocks of lettuce included within their
applications and on which allotments have been established. Such checks
and investigations shall report (1) compliance with allotments, (2) the
extent to which allotments applicable to specific fields have been used,
and (3) include fields on which allotments no longer apply. From time
to time the committee shall inform handlers of the status of their
allotments with respect to specific fields and of the dates on which
allotments for specific fields shall terminate.
(b) Upon packaging, selling, or otherwise handling all lettuce
allotted for shipment from a specific field, no person shall package or
sell lettuce from such field, unless regulations under 971.52(b)(5) are
suspended or terminated.
07 CFR 971.113 Adjustment of allotments.
Allocation bases and allotments may be transferred or adjusted under
the conditions set forth below. However, no adjustments or transfers of
allotments may be made by the committee in excess of the allocation base
and allotment of the respective handler, or which will result in
allotments in excess of that specified for any allotment period or any
day therein.
(a) When a person with an allocation base and an allotment sells or
otherwise disposes of unharvested lettuce included therein to any other
person, the allocation base and allotment therefor shall be transferred
to such person. Such transfers shall be based on a bona fide contract
transferring ownership or control of such lettuce. The committee shall
maintain a record of all such transfers.
(b)(1) Any person with an allocation base and an allotment may
request the committee, within such time as may be prescribed by the
committee, for a reappraisal of his fields and the estimates of his
available lettuce supplies to determine whether changes due to weather,
maturity, harvestability, quality, or condition of the lettuce warrant
an adjustment of his allotment. Upon investigation and report thereon,
the committee shall determine the action to be taken on the request. In
addition to other findings that may be made, such report shall indicate
changes, if any, in harvesting percentages or yields that may properly
be made in such applicant's estimates of supplies for current shipment.
(2) When the committee receives reports, properly verified by it,
that lettuce in an applicant's allotment will not be used, such
allotment shall be adjusted accordingly. The allotment thus released
shall be made available equitably by the committee to other applicants
who have requested an increase in their allotment.
(c) The committee shall maintain daily and weekly records setting
forth a full disclosure of all transfers and adjustments of allocation
bases and allotments. Reports thereon may be requested by the Secretary
at any time.
07 CFR 971.114 Reports.
(a) During any allotment period, each handler shall report, or cause
to be reported, the amount of lettuce packaged or otherwise handled by
him from fields or blocks of lettuce on which his allotments were based
or from any other source. Such reports may be provided by cooling
plants or other commonly accepted sources from which such information is
available.
(b) Persons selling or transporting lettuce for export to Mexico may
be required to report all handling thereof, with identification of
amounts of lettuce, date, vehicle, and fields from which such lettuce
was harvested.
07 CFR 971.114 Safeguards
07 CFR 971.120 Policy.
Whenever shipments of lettuce for special purposes pursuant to
971.54 are relieved in whole or in part from regulations issued under
971.52 and 971.53, the committee may require information and evidence on
the manner, methods, and timing of such shipments as safeguards against
the entry of any such lettuce in trade channels other than those for
which intended. Such information and evidence shall include
requirements set forth below with respect to Certificates of Privilege.
Editorial Note: At 56 FR 55987, Oct. 31, 1991, 971.120 was
suspended from October 31, 1991 through October 31, 1992.
07 CFR 971.121 Qualification.
Before handling lettuce for special purposes which do not meet
regulations issued pursuant to 971.52 and 971.53, a handler, when
required by such regulations, must qualify with the committee to handle
shipments for special purposes. To qualify he must (a) apply for and
receive a Certificate of Privilege indicating his intent to so handle
lettuce, (b) agree to comply with reporting and other requirements set
forth in 971.120 to 971.125, inclusive, with respect to such
shipments, and (c) receive approval of the committee, or its duly
authorized agents, to so handle lettuce. Such approval will be based
upon evidence furnished in his application for Certificate of Privilege
and other information available to the committee.
Editorial Note: At 56 FR 55987, Oct. 31, 1991, 971.121 was
suspended from October 31, 1991 through October 31, 1992.
07 CFR 971.122 Application.
(a) Applications for a Certificate of Privilege shall be made on
forms furnished by the committee. Each application may contain, but
need not be limited to, the name and address of the handler; the
quantity by grade, size, and quality of the lettuce to be shipped; the
mode of transportation; the consignee; the destination; the purpose
for which the lettuce is to be used; and certification to the United
States Department of Agriculture and to the committee as to the
truthfulness of the information shown thereon, and any other appropriate
information or documents deemed necessary by the committee or its duly
authorized agents for the purposes stated in 971.120.
(b) The committee may require each handler making shipments of
lettuce for export to include with his application a copy of the
Department of Commerce Shippers Export Declaration Form No. 7525-V
applicable to such shipment.
Editorial Note: At 56 FR 55987, Oct. 31, 1991, 971.122 was
suspended from October 31, 1991 through October 31, 1992.
07 CFR 971.123 Approval.
The committee or its duly authorized agents shall give prompt
consideration to each application for a Certificate of Privilege.
Approval of an application, based upon the determination as to whether
the information contained therein and other information available to the
committee supports approval, shall be evidenced by the issuance of a
Certificate of Privilege to the applicant. Each certificate shall cover
a specified period and specified qualities and quantities of lettuce to
be sold or transported to a designated consignee for the purposes
declared.
07 CFR 971.124 Reports.
Each handler of lettuce shipping under Certificates of Privilege
shall supply the committee with reports as requested by the committee,
or its duly authorized agents, showing the name and address of the
shipper; the car or truck identification; the loading point,
destination; consignee; the inspection certificate number when
inspection is required; and any other information deemed necessary by
the committee.
Editorial Note: At 56 FR 55987, Oct. 31, 1991, 971.124 was
suspended from October 31, 1991 through October 31, 1992.
07 CFR 971.125 Disqualification.
The committee from time to time may conduct surveys of handling of
lettuce for special purposes requiring Certificates of Privilege to
determine whether handlers are complying with the requirements and
regulations applicable to such certificates. Whenever the committee
finds that the handler or consignee is failing to comply with
requirements and regulations applicable to handling of lettuce in
special outlets and requiring such certificates, a Certificate or
Certificates of Privilege issued such handler may be rescinded and
subsequent certificates denied. Such disqualification shall apply to,
and not exceed, a reasonable period of time as determined by the
committee, but in no event shall it extend beyond the date of the
succeeding fiscal period. Any handler who has a Certificate rescinded
or denied may appeal to the committee in writing for reconsideration of
his disqualification.
07 CFR 971.322 Handling regulation.
During the period beginning November 15 and ending March 31 each
season, no person shall handle any lot of lettuce grown in the
production area unless such lettuce meets the requirements of paragraphs
(a), (b), and (c) of this section, or unless such lettuce is handled in
accordance with paragraph (d) or (e) of this section. Further, no
person may package lettuce during the above period on any Sunday, or on
Christmas Day unless approved in accordance with paragraph (f) of this
section.
(a) Containers. Containers may be only the following depth, width
and length respectively:
(1) Cartons with inside dimensions of 10 inches x 14 1/4 inches x 21
5/16 inches (designated as carrier container No. 7303), or
(2) Cartons with inside dimensions of 9 3/4 inches x 14 inches x 21
inches (designated as carrier container No. 7306), or
(3) Cartons with inside dimensions of 14 inches x 9 3/4 inches x 21
inches (designated as carrier container No. 7313), or
(4) Cartons with inside dimensions of 10 3/8 inches x 15 1/4 inches x
23 1/4 inches (designated as carrier container No. 79-47), or
(5) Cartons with inside dimensions of 10 3/4 inches x 16 1/8 inches x
21 1/2 inches (designated as carrier container No. 7312 -- flat pack).
(6) Bulk bin containers with inside dimensions of approximately 46
inches x 38 inches x 36 inches to be used for lettuce shipments to
shredders only.
(7) Such other types and sizes of containers that may be approved by
the committee for testing provided that the handling of lettuce in such
containers shall be subject to prior approval and under the supervision
of the committee.
(b) Pack. (1) Lettuce heads, packed in containers No. 7303, 7306,
or 7313; if wrapped may be packed only 18, 20, 22, 24 or 30 heads per
container; if not wrapped, only 18, 24, or 30 heads per container.
(2) Lettuce heads in container No. 7312 may be packed only 24 or 30
heads per container.
(3) Lettuce heads in carrier container No. 79-47 may be packed only
18, 24, or 30 heads per container.
(4) No pack requirements shall apply to bulk bin containers for
lettuce shipments to shredders.
(c) Inspection. (1) No handler shall handle lettuce unless such
lettuce is inspected by the Texas-Federal Inspection Service and an
appropriate inspection certificate or release form with city
destinations listed has been issued for it, except when relieved of such
requirement by paragraph (d) or (e) of this section.
(2) No handler may transport by motor vehicle, or cause such
transportation of, any shipment of lettuce for which inspection is
required unless each such shipment is accompanied by a copy of an
appropriate inspection certificate or shipment release form (SPL-23)
furnished by the inspection service verifying that such shipment meets
the pack and container requirements of this section. A copy of such
inspection certificate or shipment release form shall be available and
surrendered upon request to authorities designated by the committee.
(3) For administration of this part, such inspection certificate or
shipment release form required by the committee as evidence of
inspection is valid for only 72 hours following completion of
inspection, as shown on such certificate or form.
(d) Minimum quantity. Any person may handle up to, but not to exceed
two cartons or the equivalent of lettuce a day without regard to
inspection, assessment, container and pack requirements. This exception
shall not be applied to any shipment of over two cartons of lettuce.
(e) Special purpose shipments. The assessment, container, pack and
inspection requirements of this section shall not be applicable to
shipments as follows: For relief, charity, experimental purposes, if a
handler presents a Certificate of Privilege for such lettuce prior to
handling it pursuant to 971.120-971.125.
(f) Suspension of packing holidays. Upon approval of the committee,
the prohibition against packing lettuce on Christmas or on any Sunday
may be modified or suspended to permit the handling of lettuce provided
such handling complies with the procedures and safeguards specified by
the committee.
(g) Definitions. (1) ''Wrapped'' heads of lettuce refers to those
which are enclosed individually in parchment, plastic, or other
commercial film and then packed in cartons or other containers.
(2) Other terms used in this section have the same meaning as when
used in Marketing Agreement No. 144 and this part.
(46 FR 57024, Nov. 20, 1981, as amended at 49 FR 48529, Dec. 13,
1984; 51 FR 2, Jan. 2, 1986; 54 FR 8183, Feb. 27, 1989; 54 FR 46843,
Nov. 8, 1989)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .200 through .299) and
''Handling'' regulations (e.g. sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
Editorial Note: At 56 FR 55987, Oct. 31, 1991, 971.322 was
suspended from October 31, 1991 through October 31, 1992.
07 CFR 971.322 Pt. 979
07 CFR 971.322 PART 979 -- MELONS GROWN IN SOUTH TEXAS
07 CFR 971.322 Subpart -- Order Regulating Handling
Sec.
979.1 Secretary.
979.2 Act.
979.3 Person.
979.4 Production area.
979.5 Melons.
979.6 Handler.
979.7 Handle.
979.8 Grower.
979.9 Committee.
979.10 Fiscal period.
979.11 Grade, size, and maturity.
979.12 Grading.
979.13 Pack.
979.14 Container.
979.15 Varieties.
979.16 Export.
979.17 District.
979.18 Part and subpart.
979.22 Establishment and membership.
979.23 Term of office.
979.24 Districts.
979.25 Redistricting.
979.26 Nominations.
979.27 Selection.
979.28 Failure to nominate.
979.29 Acceptance.
979.30 Vacancies.
979.31 Alternate member.
979.32 Procedure.
979.33 Expenses.
979.34 Powers.
979.35 Duties.
979.40 Expenses.
979.41 Budget.
979.42 Assessments.
979.43 Accounting.
979.44 Excess funds.
979.48 Research and development.
979.50 Marketing policy.
979.51 Recommendations for regulations.
979.52 Issuance of regulations.
979.54 Handling for special purposes.
979.55 Safeguards.
979.56 Notification of regulations.
979.60 Inspection and certification.
979.80 Reports.
979.81 Compliance.
979.82 Right of the Secretary.
979.83 Effective time.
979.84 Termination.
979.85 Proceedings after termination.
979.86 Effect of termination or amendments.
979.87 Duration of immunities.
979.88 Agents.
979.89 Derogation.
979.90 Personal liability.
979.91 Separability.
979.92 Amendments.
979.93 Counterparts.
979.94 Additional parties.
979.95 Order with marketing agreement.
07 CFR 971.322 Subpart -- Rules and Regulations
979.100 Order.
979.106 Registered handler.
979.110 Fiscal period.
979.112 Late payments.
979.122 Eligibility requirements for public members.
979.126 Nomination procedures for public members.
979.132 Procedure.
979.152 Handling of culls.
979.155 Safeguards.
979.180 Reports.
979.304 Handling regulation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 44 FR 22038, Apr. 13, 1979, unless otherwise noted.
07 CFR 971.322 Subpart -- Order Regulating Handling
07 CFR 971.322 Definitions
07 CFR 979.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer or employee of the Department of Agriculture to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead.
07 CFR 979.2 Act.
Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended
and as reenacted and amended by the Agricultural Marketing Agreement Act
of 1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674).
07 CFR 979.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 979.4 Production area.
Production area means the counties of Bee, Brooks, Cameron, Duval,
Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kleberg, La Salle, Live Oak,
McMullen, Nueces, Refugio, San Patricio, Starr, Webb, Willacy, and
Zapata in the State of Texas.
07 CFR 979.5 Melons.
Melons means all varieties of Cucumis melo, commonly called
muskmelons and including but not limited to varieties reticulatus and
inodorus, grown in the production area. Such varieties include
cantaloupes, honeydew and honey ball melons. Watermelons (Citrallus
lanatus) are not included in the foregoing definition.
07 CFR 979.6 Handler.
Handler is synonymous with shipper and means any person (except a
common or contract carrier of melons owned by another person) who
handles melons or causes melons to be handled.
07 CFR 979.7 Handle.
Handle or ship means to harvest, grade, package, sell, transport, or
in any other way to place melons grown in the production area, or cause
such melons to be placed, in the current of commerce within the
production area or between the production area and any point outside
thereof. Such term shall not include the transportation, sale, or
delivery within the production area of field-run melons to a person for
the purpose of having such melons prepared for market.
07 CFR 979.8 Grower.
Grower is synonymous with producer and means any person engaged in a
proprietary capacity in the production of melons for market.
07 CFR 979.9 Committee.
Committee means the South Texas Melon Committee established pursuant
to 979.22.
07 CFR 979.10 Fiscal period.
Fiscal period means the annual period beginning and ending on such
dates as may be approved by the Secretary pursuant to recommendations of
the committee.
07 CFR 979.11 Grade, size, and maturity.
Grade, size, and maturity mean, respectively, any of the officially
established grade, size, or maturity definitions as set forth in the
U.S. Standards for Grades of Cantaloupes ( 2851.475 through 2851.494(c)
of this title) or U.S. Standards for Grades of Honey Dew and Honey Ball
Type Melons ( 2851.3740-2851.3749 of this title), including amendments,
modifications, or variations thereof, or, such other grades, sizes, and
maturities as may be recommended by the committee and approved by the
Secretary.
07 CFR 979.12 Grading.
Grading is synonymous with preparing melons for commercial market and
means sorting or separation of melons into grades, sizes, maturities, or
packs or any combination thereof, for handling.
07 CFR 979.13 Pack.
Pack means a quantity of melons specified by grade, size, weight, or
count, or by type or conditions of container, or any combination of
these recommended by the committee and approved by the Secretary.
07 CFR 979.14 Container.
Container means any carton, crate, box, bag, hamper, pallet bin,
package, basket, bulk load, or any other type of receptacle used in
handling melons.
07 CFR 979.15 Varieties.
Varieties means and includes all classifications, subdivisions, or
types or melons according to those definitive characteristics now and
hereinafter recognized by the U.S. Department of Agriculture or
recommended by the committee, and approved by the Secretary.
07 CFR 979.16 Export.
Export means shipment of melons to any destination which is not
within the 48 contiguous States, or the District of Columbia, of the
United States.
07 CFR 979.17 District.
District means each of the geographic divisions of the production
area initially established pursuant to 979.24 or as reestablished
pursuant to 979.25.
07 CFR 979.18 Part and subpart.
Part means the Order Regulating the handling of Melons Grown in South
Texas and all rules and regulations and supplementary orders issued
thereunder. The aforesaid Order Regulating the Handling of Melons Grown
in South Texas shall be a subpart of such part.
07 CFR 979.18 Committee
07 CFR 979.22 Establishment and membership.
(a) There is hereby established a South Texas Melon Committee,
consisting of ten (10) members, to administer the terms and provisions
of this part. Six members shall be growers, three members shall be
handlers, and one shall be a public member. Each shall have an
alternate who shall have the same qualifications as the member.
(b) Each member, other than the public member, shall be an individual
who is, prior to his selection and during his term of office (1) a
resident of the production area, and (2) a grower or handler, or an
officer or employee of a grower or handler, or of growers' cooperative
marketing organization.
(c) Five members shall be growers from District No. 1 and one member
shall be a grower from District No. 2. No person, if he handles melons,
shall be eligible for selection as a grower member on the committee
unless all of the melons handled by him during the fiscal period
immediately preceding his proposed selection to the committee were his
own production or unless such person is an officer or employee of a
growers' cooperative marketing association. Three members shall be
handlers from District No. 1.
(d) The public member and alternate shall be a resident of the
production area and be neither a grower nor a handler and shall have no
direct financial interest in the commercial production, financing,
buying, packing or marketing of melons, except as a consumer, nor shall
such person be a director, officer or employee of any firm so engaged.
07 CFR 979.23 Term of office.
(a) Except as otherwise provided in paragraph (b) of this section,
the term of office of committee members and their respective alternates
shall be for two years and shall begin as of March 1 and end the last
day of February or for such other two year period as the committee may
recommend and the Secretary approve. The terms shall be so determined
that approximately one-half of the total committee membership shall
terminate each year. Members and alternates shall serve in such
capacity for the portion of the term of office for which they are
selected and have qualified, and until their respective successors are
selected and have qualified;
(b) The term of office of the initial members and alternates shall
begin on the effective date of this subpart. Approximately one-half the
initial committee members and alternates shall serve for a 1 year term.
07 CFR 979.24 Districts.
To determine a basis for selecting committee members, the following
districts of the production area are hereby initially established:
District No. 1: (Valley) the counties of Cameron, Hidalgo, Starr,
Brooks, Kleberg, Jim Hogg, Kenedy, and Willacy in the State of Texas.
District No. 2: (Laredo-Coastal Bend) the counties of Zapata, Webb,
Duval, Jim Wells, Nueces, San Patricio, La Salle, McMullen, Live Oak,
Bee, and Refugio in the State of Texas.
07 CFR 979.25 Redistricting.
The committee may recommend, and the Secretary may approve, the
reapportionment of members among districts, and the reestablishment of
districts within the production area. In recommending any such changes,
the committee shall give consideration to:
(a) Shifts in melon acreage within the districts and within the
production area during recent years;
(b) The importance of new production in its relation to existing
districts;
(c) The equitable relationship of committee membership and districts;
and
(d) Other relevant factors. No change in districting or in
apportionment of members within districts may become effective less than
30 days prior to the date on which terms of office begin each year and
no recommendations for such redistricting or reapportionment may be made
less than 6 months prior to such date.
07 CFR 979.26 Nominations.
(a) Initial members. For nominations to the initial committee, the
meeting or meetings may be sponsored by the U.S. Department of
Agriculture or by any agency or group requested to do so by the
Department. The nominations, resulting from these meetings, for each of
the six initial grower and three initial handler members of the
committee, together with nomination for the initial alternate members
for each position shall be submitted to the Secretary prior to the
effective date of this subpart.
(b) Successor members. (1) The committee shall hold or cause to be
held not later than January 15 of each year, or such other date as may
be specified by the Secretary, a meeting or meetings of growers and
handlers in each district for the purpose of designating at least one
nominee for each position as member and for each position as alternate
member of the committee which is vacant, or which is about to become
vacant;
(2) The names of nominees shall be supplied to the Secretary at such
time and in such manner and form as he may prescribe;
(3) Only growers may participate in designating grower nominees and
only handlers may participate in designating handler nominees to the
committee;
(4) Only growers and handlers who are present at such nomination
meetings, or represented at such meetings by a duly authorized employee,
may participate in the nomination and election of nominees for members
and their alternates.
(c) Each person, whether grower or handler, is entitled to cast only
one vote on behalf of himself, his agents, subsidiaries, affiliates, and
representatives in designating nominees for committee members and
alternates. An eligible voter's privilege of casting only one vote
shall be construed to permit a voter to cast one vote for each position
to be filled;
(d) The public member and alternate member shall be nominated by the
members of the committee. The public member and alternate member shall
not be growers or handlers, or employees of growers or handlers. The
committee shall recommend rules for receiving names of persons to be
considered for nomination to the public member and alternate positions.
Rules shall also be recommended for establishing eligibility of persons
nominated to the public member and alternate positions. The persons
nominated for the public member and alternate positions shall be
submitted by the incumbent committee to the Secretary by January 15, or
such other date recommended by the committee and approved by the
Secretary, of the years the terms expire together with information
deemed pertinent by the committee or as requested by the Secretary. The
names of the nominees for the initial public member and alternate shall
be submitted to the Secretary not later than 90 days after the first
regular meeting of the initial South Texas Melon Committee.
07 CFR 979.27 Selection.
Committee members and alternates shall be selected by the Secretary
on the basis of representation provided for in 979.22 from nominations
made pursuant to 979.26.
07 CFR 979.28 Failure to nominate.
If nominations, including initial nominations, are not made within
the time and manner prescribed in 979.26, the Secretary may, without
regard to nominations, select the members and alternates on the basis of
the representation provided for in 979.22.
07 CFR 979.29 Acceptance.
Any person selected by the Secretary as member or as an alternate
member of the committee shall, prior to serving as such, qualify by
filing a written acceptance with the Secretary within the time period
specified by the Secretary.
07 CFR 979.30 Vacancies.
To fill committee vacancies, the Secretary may select members or
alternates from nominees on the latest nomination reports or from
nominations made in the manner specified in 979.26 or from other
eligible persons. If the names of nominees to fill any such vacancy are
not made available to the Secretary within 30 days after such vacancy
occurs, the vacancy may be filled without regard to nomination, but such
selection shall be made on the basis of representation provided for in
979.22.
07 CFR 979.31 Alternate member.
An alternate member of the committee shall act in the place and stead
of the member for whom he is an alternate, during such member's absence
or when designated to do so by such member. In the event both a member
of the committee and his alternate are unable to attend a committee
meeting, the member or his alternate or the committee, in that order,
may designate another alternate from the same district and the same
group (handler or grower) to serve in such member's stead. In the event
of the death, removal, resignation, or disqualification of a member, his
alternate shall act for him until a successor of such member is selected
and has qualified. The committee may request the attendance of
alternates at any or all meetings, notwithstanding the expected or
actual presence of the respective members.
07 CFR 979.32 Procedure.
(a) Seven members of the committee shall be necessary to constitute a
quorum and the same number of concurring votes shall be required to pass
any motion or approve any committee actions.
(b) In assembled meetings all votes shall be cast in person.
However, the committee may provide for meetings by telephone, telegraph,
or other means of communication and any vote cast at such meetings shall
be promptly confirmed in writing and recorded in the minutes of each
meeting so as to reflect how each member voted.
07 CFR 979.33 Expenses.
Members and alternates, when serving as members of the committee,
shall serve without compensation but shall be reimbursed for such
expenses authorized by the committee and necessarily incurred by them in
attending committee meetings and in the performance of their duties
under this part: Provided, That the committee at its discretion may
request the attendance of one or more alternates at any or all meetings
notwithstanding the expected or actual presence of the respective
members and may pay expenses as aforesaid.
07 CFR 979.34 Powers.
The committee shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part:
(c) To receive, investigate, and report to the Secretary complaints
of violation of the provisions of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 979.35 Duties.
The committee shall have, among others, the following duties:
(a) As soon as practicable after the beginning of each term of
office, to meet and organize, to select a chairman and such other
officers as may be necessary, to select subcommittees, and to adopt such
rules, regulations, and bylaws for the conduct of its business as it
deems necessary, and to recommend nominees for the public member and
alternate;
(b) To act as intermediary between the Secretary and any grower or
handler;
(c) To furnish to the Secretary such available information as he may
request;
(d) To appoint such employees, agents, and representatives as it may
deem necessary, to determine the compensation and define the duties of
each such person, and to protect the handling of committee funds through
fidelity bonds;
(e) To investigate from time to time and to assemble data on the
growing, harvesting, shipping, and marketing conditions with respect to
melons;
(f) To recommend research projects to the Secretary in accordance
with this part;
(g) To notify handlers of each meeting of the committee to consider
recommendations for regulations and of all regulatory actions taken
which might affect growers or handlers and to provide such notification
to producers through appropriate news releases or such other means as
may be available to the committee;
(h) To give the Secretary the same notice of meetings of the
committee and its subcommittee as is given to its members;
(i) To prepare a marketing policy;
(j) To recommend marketing regulations to the Secretary;
(k) To recommend rules and procedures for, and to make determination
in connection with appropriate safeguards;
(l) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the committee and such minutes, books, and
records shall be subject to examination at any time by the Secretary or
his authorized agent or representative. Minutes of each committee
meeting shall be reported promptly to the Secretary;
(m) Prior to or at the beginning of each fiscal period, to prepare a
budget of anticipated expenses for such fiscal period, together with a
report thereon;
(n) To prepare periodic statements of the financial operations of the
committee and to make copies of each such statement available to
producers and handlers for examination at the office of the committee;
(o) To prepare and forward to the Secretary, prior to the last day of
each fiscal period, an annual report, and make a copy available to each
handler and grower who requests it. This annual report shall contain at
least:
(1) A complete review of the regulatory operations during the fiscal
period;
(2) An appraisal of the effect of such regulatory operations upon the
melon industry; and
(3) Any recommendations for changes in the program.
(p) To cause the books of the committee to be audited by a competent
accountant at least once each fiscal period and at such other times as
the committee may deem necessary or as the Secretary may request. The
report of such audit shall show the receipt and expenditure of funds
collected pursuant to this part. Two copies of such report shall be
furnished to the Secretary and a copy of each such report shall be made
available at the principal office of the committee for inspection by
growers and handlers; and
(q) To consult, cooperate, and exchange information with other
marketing order committees and other individuals or agencies in
connection with all proper activities and objectives under this part.
07 CFR 979.35 Expenses and Assessments
07 CFR 979.40 Expenses.
The committee is authorized to incur such expenses as the Secretary
finds are reasonable and likely to be incurred during each fiscal period
by the committee for its maintenance and functioning, and for such
purposes as the Secretary, pursuant to this subpart, determines to be
appropriate. Each first handler's pro rata share of such expenses shall
be proportionate to the ratio between the total quantity of melons
handled by him as the first handler thereof during a fiscal period and
the total quantity of melons so handled by all handlers as first
handlers thereof during such fiscal period.
07 CFR 979.41 Budget.
Prior to or at the beginning of each fiscal period and as may be
necessary thereafter, the committee shall prepare an estimated budget of
income and expenditures necessary for the administration of this part.
The committee may recommend a rate of assessment calculated to provide
adequate funds to defray its proposed expenditures. The committee shall
present such budget to the Secretary with an accompanying report showing
the basis for its calculations.
07 CFR 979.42 Assessments.
(a) The funds to cover the committee's expenses shall be acquired by
the levying of assessments upon handlers as provided for in this
subpart. Each handler who first handles melons shall pay assessments to
the committee upon demand, which assessments shall be in payment of such
handler's pro rata share of the committee's expenses;
(b) Assessments shall be levied during each fiscal period upon
handlers at a rate per unit established by the Secretary. Such rates
may be established upon the basis of the committee's recommendations and
other available information;
(c) At any time during or after a given fiscal period the committee
may recommend the approval of an amended budget and an increase in the
rate of assessment in conformance with 979.41. Upon the basis of such
recommendations, or other available information, the Secretary may
approve an amended budget and increase the assessment rate. Such
increase shall be applicable to all melons which were handled by each
first handler thereof during such fiscal period;
(d) The payment of assessments for the maintenance and functioning of
the committee may be required irrespective of whether particular
provisions of this part are suspended or become inoperative;
(e) To provide funds for the administration of the provisions of this
part the committee may accept the payment of assessments in advance;
(f) If a handler does not pay his assessment within the time
prescribed by the committee, the assessment may be increased by a late
payment charge or an interest charge at rates prescribed by the
committee with the approval of the Secretary.
07 CFR 979.43 Accounting.
(a) All funds received by the committee pursuant to the provisions of
this part shall be used solely for the purposes specified in this part.
At the end of the fiscal period an annual financial audit shall be
conducted by a competent accountant and two copies sent to the
Secretary;
(b) The Secretary may at any time require the committee, its members
and alternates, employees, agents, and all other persons to account for
all receipts and disbursements, funds, property, or records for which
they are responsible. Whenever any person ceases to be a member of the
committee or alternate, he shall account to his successor, the
committee, or to the person designated by the Secretary, for all
receipts, disbursements, funds and property (including but not limited
to books and other records) pertaining to the committee's activities for
which he is responsible, and shall execute such assignments and other
instruments as may be necessary or appropriate to vest in the successor,
the committee, or person designated by the Secretary, the right to all
such property and funds and all claims vested in such person:
(c) The committee may make recommendations to the Secretary for one
or more of the members thereof, or any other person to act as a trustee
for holding records, funds, or any other committee property during
periods of suspension of this part, or during any period or periods when
regulations under this part are not in effect, and, if the Secretary
determines such action appropriate, he may direct that such person or
persons may act as such trustee or trustees.
07 CFR 979.44 Excess funds.
(a) If, at the end of a fiscal period the assessments collected are
in excess of expenses incurred, each handler entitled to a proportionate
refund of any such assessments which represent payments by the handler
in excess of his pro rata share, shall be credited with such refund
against his operations of the following fiscal period or such excess
shall be accounted for in accordance with one of the following:
(1) The committee, with the approval of the Secretary, may establish
an operating monetary reserve and may carry over to subsequent fiscal
periods excess funds in a reserve so established, except funds in the
reserve shall not exceed approximately two fiscal periods' expenses.
Such reserve funds may be used (i) to defray any expenses authorized
under this part, (ii) to defray expenses during any fiscal period prior
to the time assessment income is sufficient to cover such expenses,
(iii) to cover deficits incurred during any fiscal period when
assessment income is less than expenses, (iv) to defray expenses
incurred during any period when any or all provisions of this part are
suspended or are inoperative, and (v) to cover necessary expenses of
liquidation in the event of termination of this part. Any funds
remaining after termination should be refunded to handlers on a pro rata
basis. If it is found impracticable to return such remaining funds to
handlers, such funds shall be disposed of in such manner as the
Secretary may determine to be appropriate;
(2) If such excess is not retained in a reserve or used to defray
necessary expenses of liquidation, as provided for in paragraph (a)(1)
of this section, it shall be refunded proportionately to the handlers
from whom collected, except any sum paid by any handler in excess of his
pro rata share of the expenses during any fiscal period may be applied
by the committee at the end of such fiscal period to any outstanding
obligations due the committee from such handler.
07 CFR 979.44 Research and Development
07 CFR 979.48 Research and development.
The committee, with the approval of the Secretary, may establish or
provide for the establishment of production research, marketing
research, and development projects designed to assist, improve, or
promote the marketing, distribution, consumption, or efficient
production of melons. The expenses of such projects shall be paid from
funds collected pursuant to 979.42.
07 CFR 979.48 Regulations
07 CFR 979.50 Marketing policy.
(a) Prior to or at the same time initial recommendations in any
fiscal period are made pursuant to 979.51, and as the Secretary may
require, the committee shall prepare a marketing policy statement.
Notice of such marketing policy shall be given to producers, handlers,
and other interested parties by bulletins, newspapers or other
appropriate media, and copies thereof shall be submitted to the
Secretary and shall be available at the committee office to all
interested parties;
(b) Marketing policy statements relating to recommendations for
regulations shall give appropriate consideration to melon supplies for
the remainder of the season, with special consideration to:
(1) Estimates of total supplies including grade, size, and quality
thereof, in the production area;
(2) Estimates of supplies of melons in competing areas;
(3) Estimates of supplies of other competing commodities;
(4) Market prices by grades, sizes, containers, and packs;
(5) Anticipated marketing problems;
(6) Level and trend of consumer income; and
(7) Other relevant factors.
07 CFR 979.51 Recommendations for regulations.
Upon complying with requirements of 979.50, the committee may
recommend regulations to the Secretary when it finds that such
regualtions as are authorized in this order will tend to effectuate the
declared policy of the act.
07 CFR 979.52 Issuance of regulations.
(a) The Secretary shall limit by regulation the handling of melons
when he finds from the recommendations and information submitted by the
committee, or from other available information, that such regulations
would tend to effectuate the declared policy of the act.
(b) Such regulations may:
(1) Limit the handling of particular grades, sizes, maturities,
qualities, or packs, or any combination thereof, of any or all varieties
of melons during any period;
(2) Limit the handling of particular grades, sizes, maturities,
qualities, or packs of melons differently for different varieties, for
different markets, for different containers, or any combination of the
foregoing, during any period;
(3) Fix the size, capacity, weight, dimension, or pack of the
container, or containers, which may be used in the packaging or handling
of melons, including appropriate container markings to identify the
contents thereof.
(c) The regulations or any portions of such regulations issued
hereunder may be amended, modified, suspended, or terminated by the
Secretary whenever it is determined:
(1) That such action is warranted upon recommendation of the
committee or other available information;
(2) That such action is essential to provide relief from inspection,
assessment, or regulations under paragraph (b) of this section for
minimum quantities less than customary commercial transactions; or
(3) That regulations issued hereunder obstruct or no longer tend to
effectuate the declared policy of the act.
07 CFR 979.54 Handling for special purposes.
Regulations in effect pursuant to 979.42, 979.52, or 979.60 may be
modified, suspended, or terminated by the Secretary, upon recommendation
of the committee, to facilitate handling of melons for: (a) Relief or
charity, (b) experimental purposes, (c) exports, and (d) other special
purposes, which may be recommended by the committee and approved by the
Secretary.
07 CFR 979.55 Safeguards.
The committee, with the approval of the Secretary, may establish
through rules and regulations, the requirements with respect to proof
that shipments made pursuant to 979.54 were handled and used for the
purpose stated.
07 CFR 979.56 Notification of regulations.
The Secretary shall promptly notify the committee of regulations
issued and of any modification, suspension, or termination thereof. The
committee shall give notice thereof to all handlers of melons in the
production area. In addition, the committee shall make the information
available to growers through appropriate news releases or such other
means as may be available.
07 CFR 979.56 Inspection
07 CFR 979.60 Inspection and certification.
(a) Whenever the handling of melons is regulated pursuant to 979.52
or at other times when recommended by the committee and approved by the
Secretary, no handler shall handle melons unless they are inspected by
an authorized representative of the Federal-State Inspection Service and
are covered by a valid inspection certificate, except when relieved from
such requirements pursuant to 979.52(c), or 979.54, or paragraph (b)
of this section. The cost of such inspection shall be borne by the
applicant.
(b) Regrading, resorting, repacking any lot of melons, or breaking
any lot (without continuing identification of applicable inspection or
subcertification thereof) shall invalidate any applicable inspection
certificate insofar as the requirements of this section are concerned.
No handler shall handle melons after a lot has been broken, regraded,
repacked, or resorted, or in any other way additionally prepared for
market, unless such melons are inspected by an authorized representative
of the Federal or Federal-State Inspection Service. Such inspection
requirements on regraded, resorted, repacked, or broken lots of melons
may be modified, suspended or terminated upon recommendation by the
committee, and approval of the Secretary.
(c) Insofar as the requirements of this section are concerned, the
length of time for which an inspection certificate is valid may be
established by the committee with the approval of the Secretary.
(d) When melons are inspected in accordance with the requirements of
this section, a copy of each inspection certificate issued shall be made
available to the committee by the Inspection Service.
(e) The committee may recommend and the Secretary may require that no
handler shall transport or cause the transportation of melons by motor
vehicle or by other means unless such shipment is accompanied by a copy
of the inspection certificate issued thereon, or such other documents as
may be required by the committee. Such certificates or documents shall
be surrendered to proper authorities at such time and in such manner as
may be designated by the committee, with the approval of the Secretary.
07 CFR 979.60 Reports
07 CFR 979.80 Reports.
Upon request of the committee, made with the approval of the
Secretary, each handler shall furnish to the committee, in such manner
and form and at such time as it may prescribe, such reports and other
information as may be necessary for the committee to perform its duties
under this part.
(a) Such reports may include, but are not necessarily limited to, the
following:
(1) The number of acres of melons and the approximate dates planted,
for all melons which will be handled by each handler;
(2) The quantities of melons received by a handler;
(3) Identification of the inspection certificates relating to the
melons which were handled pursuant to 979.52 or 979.54 or both.
(b) All such reports shall be held under appropriate protective
classification and custody by the committee, or duly appointed employees
thereof, so that the information contained therein which may adversely
affect the competitive position of any handler in relation to other
handlers will not be disclosed. Compilations of general reports from
data submitted by handlers is authorized, subject to the prohibition of
disclosure of individual handlers' identities or operations.
(c) Each handler shall maintain for at least 2 succeeding years such
records and documents on melons received by him as may be necessary to
verify reports submitted to the committee pursuant to this section.
(d) For the purpose of assuring compliance with recordkeeping
requirements and certifying reports of handlers, the Secretary and the
committee, through their duly authorized employees or agents, shall have
access to any premises where applicable records are located, and where
melons are handled, and at any time during reasonable business hours
shall be permitted to inspect such handler's premises and examine any
and all records of such persons with respect to matters within the
purview of this part.
(e) Any person filing a report, record, or application that is
willfully misrepresented shall be subject to the legal penalties for
such misrepresentation of Government reports.
07 CFR 979.80 Compliance
07 CFR 979.81 Compliance.
Except as provided in this subpart, no handler shall handle melons,
the handling of which has been prohibited by the Secretary in accordance
with provisions of this subpart, or the rules and regulations
thereunder, and no handler shall handle melons except in conformity with
the provisions of this part.
07 CFR 979.81 Miscellaneous Provisions
07 CFR 979.82 Right of the Secretary.
The members of the committee (including successors and alternates)
and any agents or employees appointed or employed by the committee shall
be subject to removal or suspension by the Secretary, at any time. Each
and every order, regulation, decisions, determination, or other act of
the committee shall be subject to the continuing right of the Secretary
to disapprove of the same at any time. Upon such disapproval, the
disapproved action of said committee shall be deemed null and void,
except as to acts done in reliance thereon or in compliance therewith
prior to such disapproval by the Secretary.
07 CFR 979.83 Effective time.
The provisions of this subpart or any amendment thereto shall become
effective at such time as the Secretary may declare and shall continue
in force until terminated in one of the ways specified in this subpart.
07 CFR 979.84 Termination.
(a) The Secretary shall, whenever he finds that any or all provisions
of this subpart obstruct or do not tend to effectuate the declared
policy of this act, terminate or suspend the operation of this subpart
or such provision thereof.
(b) The Secretary shall terminate the provisions of this subpart at
the end of the then current fiscal period whenever he finds that such
termination is favored by a majority of the growers who, during a
representative period determined by the Secretary, have been engaged in
the production for market of melons within the production area:
Provided, That such majority has during such representative period,
produced for market more than 50 percent of the volume of such melons
produced for market.
(c) The provisions for this subpart shall, in any event, terminate
whenever the provisions of the Act authorizing them cease to be in
effect.
07 CFR 979.85 Proceedings after termination.
(a) Upon the termination of the provisions of this subpart, the then
functioning members of the committee shall continue as joint trustees
for the purpose of settling the affairs of the committee by liquidating
all funds and property then in the possession of or under control of the
committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) The said trustees shall continue in such capacity until
discharged by the Secretary; shall, from time to time, account for all
receipts and disbursements and deliver all property on hand, together
with all books and records of the committee and of the trustees, to such
persons as the Secretary may direct; and shall upon request of the
Secretary, execute such assignments or other instruments necessary or
appropriate to vest in such persons full title and right to all of the
funds, property and claims vested in the committee or the trustees
pursuant to this subpart.
(c) Any person to whom funds, property or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the committee and upon the said trustees.
07 CFR 979.86 Effect of termination or amendments.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendments to either thereof, shall not (a) affect
or waive any right, duty, obligation or liability which shall have
arisen or which may thereafter arise in connection with any provision of
this subpart, or (b) release or extinguish any violation of this subpart
or any regulation issued under this subpart, or (c) affect or impair any
rights or remedies of the Secretary or of any other person with respect
to any such violation.
07 CFR 979.87 Duration of immunities.
The benefits, privileges and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 979.88 Agents.
The Secretary may, by designation in writing, name any person,
including any officer or employee of the U.S. Department of Agriculture,
to act as his agent or representative in connection with any of the
provisions of this subpart.
07 CFR 979.89 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 979.90 Personal liability.
No member or alternate member of the committee nor any employee or
agent thereof, shall be held personally responsible, either individually
or jointly with others in any way whatever, to any handler or to any
person for errors in judgment, mistakes or other acts, either of
commission or omission, as such member, alternate, agent or employee,
except for acts of dishonesty, willful misconduct or gross negligence.
07 CFR 979.91 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart, or the
applicability thereof to any other person, circumstance, or thing, shall
not be affected thereby.
07 CFR 979.92 Amendments.
Amendments to this subpart may be proposed from time to time, by the
committee or by the Secretary.
07 CFR 979.93 Counterparts.
This agreement may be executed in multiple counterparts and when one
counterpart is signed by the Secretary, all such counterparts shall
constitute, when taken together, one and the same instrument as if all
signatures were contained in one original. 1
1Applicable only to the proposed marketing agreement.
07 CFR 979.94 Additional parties.
After the effective date hereof, any handler may become a party to
this agreement if a counterpart is executed by him and delivered to the
Secretary. This agreement shall take effect as to such new contracting
party at the time such counterpart is delivered to the Secretary, and
the benefits, privileges, and immunities conferred by this agreement
shall then be effective as to such new contracting party. 1
07 CFR 979.95 Order with marketing agreement.
Each signatory handler hereby requests the Secretary to issue,
pursuant to the act, an order providing for regulating the handling of
melons in the same manner as is provided for in this agreement. 1
07 CFR 979.95 Subpart -- Rules and Regulations
07 CFR 979.95 General Procedures
07 CFR 979.100 Order.
Order means Order No. 979 ( 979.1 to 979.92; 44 FR 22038)
regulating the handling of melons grown in South Texas.
(44 FR 28780, May 17, 1979)
07 CFR 979.106 Registered handler.
For purposes of this part, a registered handler is a person who has
adequate facilities for packing melons for market and who assumes
initial responsibility for compliance with inspection, assessment, and
other regulatory requirements on the handling of melons grown in the
production area. Any person who wishes to become a registered handler
shall make application for registration with the committee on forms
furnished by the committee. If such applicant has facilities available
which are determined by the committee as adequate for the packing of
melons, such person may be approved as a registered handler. Growers
who make deliveries of fieldrun melons to such registered handlers are
hereby determined to be exempt from otherwise applicable regulations
pursuant to this part.
(44 FR 28780, May 17, 1979)
07 CFR 979.110 Fiscal period.
The fiscal period which began on May 17, 1979 (44 FR 28780) shall end
September 30, 1979. Thereafter, each fiscal period shall begin on
October 1 of each year and end on September 30 of the following year.
(44 FR 56684, Oct. 2, 1979)
07 CFR 979.112 Late payments.
Pursuant to 979.42(f), late payments of assessments shall be subject
to an interest charge of 1 1/2 percent per month on the balance due.
Assessments shall be deemed late 30 days after the billing date.
(55 FR 19720, May 11, 1990)
07 CFR 979.122 Eligibility requirements for public members.
(a) A public member shall represent a nonagricultural point of view,
and shall not have a financial (or economic) interest in, or be closely
associated with the production, processing, financing or marketing of
melons.
(b) Public members should be able to devote sufficient time and
express a willingness to attend committee activities regularly and to
familiarize themselves with the background and economics of the
industry.
(c) Public members must be residents of the production area.
(d) Public members shall be nominated by the South Texas Melon
Committee and shall serve a two-year term which coincides with the term
of office of producer or handler members of the committee.
(44 FR 28781, May 17, 1979)
07 CFR 979.126 Nomination procedures for public members.
(a) Names of candidates together with evidence of qualification for
public membership on the South Texas Melon Committee shall be submitted
to the committee at its business office.
(b) Questionnaires may be sent by the committee to those persons
submitted as candidates, to determine their eligibility and interest in
becoming a public member.
(c) The names of persons nominaed for the public member and alternate
positions shall be submitted by the incumbent committee to the Secretary
by January 15 with such information as deemed pertinent by the committee
or as requested by the Secretary.
(d) Nomination of the initial public member shall be made as soon as
possible but not later than 90 days after the first meeting of the
committee.
(44 FR 28781, May 17, 1979)
07 CFR 979.132 Procedure.
The committee shall be authorized to meet by telephone or other means
of communication. Any vote at such a meeting shall be promptly
confirmed in writing by each voter. On such occasions seven affirmative
votes shall be necessary to approve any action. Telephone meetings
shall be called only by the Committee chairman or vice-chairman acting
in his stead.
(44 FR 28781, May 17, 1979)
07 CFR 979.152 Handling of culls.
(a) The handling of culls, i.e., melons which fail to meet the grade,
size, quality or other requirements established under 979.52(b) of this
part is prohibited unless such melons are:
(1) Mechanically spiked or mutilated at the packing shed rendering
them unsuitable for fresh market; or
(2) Handled for special purpose outlets approved under 979.54 of
this part.
(b) As a safeguard against culls entering fresh market channels each
handler under paragraph (a)(2) of this section shall apply for and
obtain a certificate from the committee which shall require the handler
to furnish such reports or other information as the committee may
request.
(44 FR 28781, May 17, 1979)
07 CFR 979.155 Safeguards.
(a) Policy. Whenever shipments of melons for special purposes
pursuant to 979.54 are relieved in whole or in part from regulations
issued under 979.52, the committee may require information and evidence
on the manner, methods, and timing of such shipments as safeguards
against the entry of any such melons in trade channels other than those
for which intended. Such information and evidence shall include
requirements set forth below with respect to Certificates of Privilege.
(b) Qualification. Before handling melons for special purposes which
do not meet regulations issued pursuant to 979.52, a handler, when
required by such regulations, must qualify with the committee to handle
shipments for special purposes. To qualify one must (1) apply for and
receive a Certificate of Privilege indicating the intent to so handle
melons, (2) agree to comply with reporting and other requirements set
forth in 959.155 with respect to such shipments, and (3) receive
approval of the committee, or its duly authorized agents, to so handle
melons. Such approval will be based upon evidence furnished in the
application for Certificate of Privilege and other information available
to the committee.
(c) Application. (1) Applications for a Certificate of Privilege
shall be made on forms furnished by the committee. Each application may
contain, but need not be limited to, the name and address of the
handler; the quantity by grade, size, quality and container of the
melons to be shipped; the mode of transportation; the consignee; the
destination; the purpose for which the melons are to be used; and
certification to the United States Department of Agriculture and to the
committee as to the truthfulness of the information shown thereon, and
any other appropriate information or documents deemed necessary by the
committee or its duly authorized agents for the purposes stated in
979.155.
(2) The committee may require each handler making shipments of melons
for export to include with his application a copy of the Department of
Commerce Shippers Export Declaration Form No. 7525-V applicable to such
shipment.
(d) Approval. The committee or its duly authorized agents shall give
prompt consideration to each application for a Certificate of Privilege.
Approval of an application, based upon the determination as to whether
the information contained therein and other information available to the
committee supports approval, shall be evidenced by the issuance of a
Certificate of Privilege to the applicant. Each certificate shall cover
a specified period and specified qualities and quantities of melons to
be sold or transported to a designated consignee for the purpose
declared.
(e) Reports. Each handler of melons shipping under Certificates of
Privilege shall supply the committee with reports as requested by the
committee, or its duly authorized agents, showing the name and address
of the shipper; the car or truck identification; the loading point;
destination; consignee; the inspection certificate number when
inspection is required; and any other information deemed necessary by
the committee.
(f) Disqualification. The committee from time to time may conduct
surveys of handling of melons for special purposes requiring
Certificates of Privilege to determine whether handlers are complying
with the requirements and regulations applicable to such certificates.
Whenever the committee finds that the handler or consignee is failing to
comply with requirements and regulations applicable to handling of
melons in special outlets and requiring such certificates, a Certificate
or Certificates of Privilege issued such handler may be rescinded and
subsequent certificates denied. Such disqualification shall apply to,
and not exceed, a reasonable period of time as determined by the
committee, but in no event shall it extend beyond the date of the
succeeding fiscal period. Any handler who has a certificate rescinded
or denied may appeal to the committee in writing for reconsideration of
his disqualification.
(44 FR 28781, May 17, 1979)
07 CFR 979.180 Reports.
Each handler shall furnish every two weeks during the planting season
to the committee on a form provided by the committee the number of acres
of cantaloups and honey dew melons planted by the handler or growers for
whom the handler packs melons during such period and the location of
such plantings. However, during the first season of operation under the
order each handler need only report the number of acres each of
cantaloups and honey dew melons planted together with the location of
all such plantings.
(44 FR 28781, May 17, 1979)
07 CFR 979.304 Handling regulation.
During the period beginning May 1 and ending on June 20 of each
season no person shall handle cantaloup or honeydew melons unless they
meet the requirements of paragraphs (a) through (c), (d) or (e) and (f)
of this section.
(a) Grade requirements. (1) Cantaloups shall be U.S. Commercial
grade or better, except that not more than 8 percent serious damage
including not more than 5 percent decay shall be permitted.
(2) At least 50 percent of the honeydew melons in any lot shall meet
the requirements of U.S. Commercial grade except that not more than 20
percent serious damage shall be allowed including not more than 10
percent for melons affected by decay. In addition, the combined juice
from the edible portion of a sample of honeydew melons selected at
random shall contain not less than 8 percent soluble solids as
determined by an approved hand refractometer. Individual cartons shall
contain not less than 25 percent U.S. Commercial or better quality.
(3) Individual packages may contain not more than double the
specified lot tolerance.
(b) Container requirements. (1) Except as provided in paragraphs
(b)(4), (d) or (e) and (f) of this section all cantaloups shall be
packed in fiberboard cartons with inside dimensions of not more than 17
1/4 nor less than 16 3/4 inches in length, not more than 13 nor less
than 12 3/4 inches in width, and not more than 10 3/8 nor less than 9
3/4 inches in depth. All honeydew melons shall be packed in fiberboard
cartons with inside dimensions of 17 inches long by 15 1/4 inches wide
and not more than 7 1/2 inches nor less than 6 1/2 inches deep. A
tolerance of 1/4 inch for each dimension shall be permitted.
(2) Each carton shall be marked to indicate the count; the name,
address, and zip code of the shipper; the name of the product; and the
words ''Produce of U.S.A.'' or ''Product of U.S.A.''
(3) If the carton in which the melons are packed is not clean and
bright in appearance without marks, stains, or other evidence of
previous use, the carton shall be conspicuously marked with the words
''USED BOX'' in letters nor less than three-fourths ( 3/4) inch high.
(4) Honeydew melons maybe packed in bulk containers of 48 inches long
by 40 inches wide by 24 inches deep or similar dimensions.
(5) These container requirements shall not be applicable to melons
sold to Federal agencies.
(c) Inspection. (1) No handler may handle any melons regulated
hereunder, except pursuant to paragraphs (d) or (e) and (f) of this
section, unless an inspection certificate has been issued covering them
and the certificate is valid at the time of shipment.
(2) No handler may transport by motor vehicle or cause such
transportation of any shipment of melons for which an inspection
certificate is required unless each such shipment is accompanied by a
copy of the inspection certificate applicable thereto or by documentary
evidence on forms furnished by the committee identifying truck lots to
which a valid inspection certificate is applicable. A copy of such
inspection certificate or committee document shall be surrendered upon
request to authorities designated by the committee.
(3) For purposes of operation under this part each inspection
certificate or committee form required as evidence of inspection is
hereby determined to be valid for a period not to exceed 72 hours
following completion of inspection as shown on the certificate.
(4) Designated inspection stations will be located at the Texas
Federal Inspection Service office, 1301 W. Expressway, Alamo (Phone
(502) 787-4091 or 6881) and the Matt Dietz Packing Co., 4700 N. Santa
Maria, Laredo (Phone (512) 723-9178 or 9170), to be available for
handlers who do not have permanent packing facilities recognized by the
committee.
(5) Handlers shall pay assessments on all assessable melons according
to the provisions of 979.42, at the rate of 3/4 per carton.
(d) Minimum quantity exemption. Any handler may handle, other than
for resale, up to, but not to exceed 120 pounds net weight of melons per
day without regard to the provisions of 979.42, 979.52, 979.60, and
979.80, but this exemption shall not apply to any shipment or any
portion thereof of over 120 pounds of melons.
(e) Special purpose shipments. (1) The requirements of paragraphs
(a) through (c) of this section shall not apply to shipments for
charity, relief, canning and freezing if a handler presents a
Certificate of Privilege for such melons prior to handling them in
accordance with 979.155.
(2) Melons failing to meet the requirements of paragraphs (a) through
(c) of this section and not exempt under paragraphs (d) or (e), and all
melons discarded from the grading table shall either be mechanically
spiked or mutilated or handled for special purpose outlets in accordance
with 979.152.
(3) Upon approval of the committee, shipments of honeydew melons may
be made in pony cartons having dimensions of 17 inches long by 14 1/2
inches wide by 5 5/8 inches deep. Container requirements of paragraph
(b) of this section shall not apply, but such shipments shall meet all
other applicable requirements of this section.
(4) Shipments of cantaloups may be made for experimental purposes in
cartons having dimensions of 15 3/16 inches in length by 12 7/8 inches
in width by 10 inches in depth. Such shipments shall be subject to the
grade, inspection and reporting requirements set forth in paragraphs
(a), (c) and (f) of this section.
(5) The handling to any person of gift packages of melons not
exceeding 25 pounds per package, individually addressed to such person
and not for resale, is exempt from the container requirements of
paragraph (b) of this section, but shall meet all assessment
requirements of 979.42 and the grade and inspection requirements of
paragraphs (a) and (c) respectively of this section.
(f) Safeguards. Each handler making shipments of melons for relief,
charity, canning, freezing, or experimental purposes under paragraph (e)
of this section shall:
(1) Notify the committee of the intent to ship melons under paragraph
(e) of this section by applying on forms furnished by the committee for
a Certificate of Privilege applicable to such special purpose shipments.
(2) Obtain an approved Certificate of Privilege.
(3) Prepare on forms furnished by the committee a special purpose
shipment report for each individual shipment.
(4) Forward copies of the special purpose shipment report to the
committee office and to the receiver with instructions to the receiver
to sign and return a copy to the committee's office. Failure of the
handler or receiver to report such shipments by promptly signing and
returning the applicable special purpose shipment report to the
committee office shall be cause for suspension of such handler's
Certificate of Privilege applicable to such shipments.
(g) Definitions. U.S. melon standards mean the United States
Standards for Grades of Cantaloups (7 CFR 2851.475 through 2851.494c),
or the United States Standards for Grades of Honey Dew and Honey Ball
Type Melons (7 CFR 2851.3740 through 2851.3749), whichever is
applicable, or variations thereof specified in this section. The term
U.S. Commercial shall have the same meaning as set forth in these
standards. All other terms used in this section shall have the same
meaning as when used in Marketing Agreement No. 156 and this part.
(47 FR 13118, Mar. 29, 1982, as amended at 47 FR 24110, June 3, 1982;
48 FR 21881, May 16, 1983; 49 FR 15542, Apr. 19, 1984; 50 FR 10207,
Mar. 14, 1985; 51 FR 16004, Apr. 30, 1986; 52 FR 17390, May 8, 1987;
53 FR 4958, Feb. 19, 1988; 54 FR 13507, Apr. 4, 1989; 55 FR 19721, May
11, 1990)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .200 through .299) and
''Handling'' regulations (e.g., sections .300 through .399) which are in
effect for a year or less, will not be carried in the Code of Federal
Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 979.304 PART 980 -- VEGETABLES; IMPORT REGULATIONS
Sec.
980.1 Import regulations; Irish potatoes.
980.117 Import regulations; onions.
980.212 Import regulations: tomatoes.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 980.1 Import regulations; Irish potatoes.
(a) Findings and determinations with respect to imports of Irish
potatoes. (1) Pursuant to section 8e of the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), it is hereby found
that:
(i) Grade, size, quality, and maturity regulations have been issued
from time to time pursuant to the following marketing orders: No. 949
(part 949 of this chapter), No. 945 (part 945 of this chapter), No.
948 (part 948 of this chapter), No. 947 (part 947 of this chapter), No.
950 (part 950 of this chapter), No. 946 (part 946 of this chapter),
and No. 953 (part 953 of this chapter);
(ii) During the past several years, grade, size, quality, and
maturity regulations have been in effect pursuant to two or more of such
orders during each month of the year;
(iii) The marketing of Irish potatoes can be reasonably distinguished
by the several seasonal categories, i.e., winter, early spring, late
spring, early summer, late summer, and fall. The bulk of the fall crop
is harvested and placed in storage in the fall and marketed over a
period of several months extending into the following summer. But
potatoes harvested from the other seasonal crops are generally marketed
as the potatoes are harvested. The marketing seasons for these crops
overlap.
(iv) Concurrent grade, size, quality, and maturity regulations under
two or more of the aforesaid marketing orders are expected in the
ensuing and future seasons, as in the past.
(2) Therefore it is hereby determined that:
(i) Imports of red skinned, round type potatoes during the months of
September through the following June are in most direct competition with
the marketing of the same type potatoes produced in Area No. 2,
Colorado (San Louis Valley) covered by Order No. 948, as amended (part
948 of this chapter); and during the months of July and August the
marketing of the same type potatoes is in most direct competition with
the same type as produced in the area covered by Order No. 946 (part
946 of this chapter).
(ii) Imports of all other round type potatoes during the period June
5 through July 31 are in most direct competition with the marketing of
the same type potatoes produced in the Southeastern States covered by
Order No. 953 (part 953 of this chapter); and during the period August
1 through June 4 of the following year they are in most direct
competition with all other round type potatoes produced in Area No. 3,
Colorado (Northern Colorado) covered by Marketing Order No. 948, as
amended (part 948 of this chapter): Provided, That for the period March
6 through June 14, 1968, imports of all other round type potatoes are in
most direct competition with the marketing of the same type potatoes
produced in the State of Maine covered by Order No. 950 (part 950 of
this chapter): Provided further, That for the period June 1 through
June 4, 1970, imports of all other round type potatoes are in most
direct competition with the marketing of the same type potatoes produced
in the Southeastern States covered by Order No. 953 (part 959 of this
chapter): Provided further, That for the period June 1 through June 4,
1971, imports of all other round type potatoes are in most direct
competition with the marketing of the same type potatoes produced in the
Southeastern States covered by Order No. 953 (part 953 of this
chapter).
(iii) Imports of long type potatoes during each month of the
marketing year are in most direct competition with potatoes of the same
type produced in the area covered by Order No. 945 (part 945 of this
chapter).
(b) Grade, size, quality, and maturity requirements. On and after
the effective date hereof importation of Irish potatoes, except
certified seed potatoes, shall be prohibited unless they comply with the
following requirements.
(1) For the period September 1 through the following June of each
marketing year, the grade, size, quality, and maturity requirements of
Area No. 2, Colorado (San Louis Valley) covered by Marketing Order No.
948, as amended (part 948 of this chapter) applicable to potatoes of the
red skinned round type; and for the months of July and August each
marketing year the grade, size, quality, and maturity requirements of
Marketing Order No. 946 (part 946 of this chapter) shall be the
respective grade, size, quality, and maturity requirements for imported
red skinned round type potatoes.
(2) During the period June 5 through July 31 of each marketing year,
the grade, size, quality, and maturity requirements of Marketing Order
No. 953 (part 953 of this chapter) applicable to potatoes of the round
type shall be the respective grade, size, quality, and maturity
requirements for imports of other round type potatoes; and during the
period August 1 through the following June 4 of each year the grade,
size, quality, and maturity requirements of Area No. 3, Colorado
(northern Colorado) covered by Marketing Order No. 948, as amended
(part 948 of this chapter) shall be the respective grade, size, quality,
and maturity requirements for imports of all other round type potatoes:
Provided, That for the period March 6 through June 14, 1968, the grade,
size, quality, and maturity requirements of Marketing Order No. 950, as
amended (part 950 of this chapter) applicable to potatoes of the round
type shall be the respective grade, size, quality, and maturity for
imports of other round type potatoes: Provided further, That for the
period June 1 through June 4, 1970, the grade, size, quality, and
maturity requirements of Marketing Order No. 953, as amended (part 953
of this chapter) applicable to potatoes of the round types shall be the
respective grade, size, quality, and maturity for imports of other round
type potatoes: Provided further, That for the period June 1 through 4,
1971, the grade, size, quality, and maturity requirements of Marketing
Order No. 953, as amended (part 953 of this chapter) applicable to
potatoes of the round types shall be the respective grade, size,
quality, and maturity for imports of other round type potatoes.
(3) Through the entire year the grade, size, quality, and maturity
requirements of Marketing Order 945, as amended (part 945 of this
chapter) applicable to potatoes of all long types shall be the
respective grade, size, quality, and maturity requirements for imported
potatoes of all long types.
(4) The grade, size, quality, and maturity requirements as provided
for in this paragraph shall apply to imports of similar types of
potatoes, unless otherwise ordered, on and after the effective date of
the applicable domestic regulation or amendment thereto, as provided in
this paragraph or 3 days following publication of such regulation or
amendment in the Federal Register, whichever is later.
(c) Minimum quantities. Any importation which, in the aggregate,
does not exceed 500 pounds may be imported without regard to the
provisions of this section.
(d) Plant quarantine. No provisions of this section shall supersede
the restrictions or prohibitions of potatoes under the Plant Quarantine
Act of 1912.
(e) Certified seed. Certified seed potatoes shall include only those
potatoes which are officially certified and tagged as seed potatoes by
the Plant Health Directorate, Food Production and Inspection Branch,
Agriculture Canada, and which are subsequently used as seed.
(f) Designation of governmental inspection services. The Federal or
Federal-State Inspection Service, Fruit and Vegetable Division,
Agricultural Marketing Service, U.S. Department of Agriculture and the
Fruit and Vegetable Division, Production and Marketing Branch, Canada
Department of Agriculture, are hereby designated as governmental
inspection services for the purpose of certifying the grade, size,
quality, and maturity of Irish potatoes that are imported, or to be
imported, into the United States under the provisions of section 8e of
the Act.
(g) Inspection and official inspection certificates. An official
inspection certificate certifying the potatoes meet the United States
import requirements for Irish potatoes under section 8e (7 U.S.C. 608e)
issued by a designated governmental inspection service applicable to a
particular shipment of potatoes is required on all imports of potatoes
other than certified seed.
(1)(i) Inspection and certification by the Federal or Federal-State
Inspection Service will be available and performed in accordance with
the rules and regulations governing certification of fresh fruits,
vegetables, and other products (part 51 of this title), and each lot
shall be made available and accessible for inspection as provided
therein. Cost of inspection and certification shall be borne by the
applicant.
(ii) Since inspectors may not be stationed in the immediate vicinity
of a port, or point of entry, an importer of uninspected and uncertified
Irish potatoes should make advance arrangements for inspection. Each
importer should give at least the specified advance notice to one of the
following applicable inspection offices prior to the time the Irish
potatoes would be imported.
(2) In the event the required inspection is performed prior to the
arrival of the potatoes at the port of entry, the inspection certificate
that is issued must show that the inspection was performed at the time
of loading such potatoes for direct transportation to the United States;
and if transportation is by water, the certificate must show that the
inspection was performed at the time of loading onto the vessel.
(3) Inspection certificates shall cover only the quantity of potatoes
that is being imported at a particular port of entry by particular
importers.
(4) Each inspection certificate issued with respect to any Irish
potatoes to be imported into the United States shall set forth, among
other things:
(i) The date and place of inspection;
(ii) The name of the shipper, or applicant;
(iii) The commodity inspected;
(iv) The quantity of the commodity covered by the Certificate;
(v) The principal identifying marks of the containers;
(vi) The railroad car initials and number, the truck and trailer
number, the name of the vessel, or other identification of the shipment;
and
(vii) The following statement if the facts warrant: Meets U.S.
Import requirements under section 8e of the Agricultural Marketing
Agreement Act of 1937.
(h) Reconditioning prior to importation. Nothing contained in this
part shall be deemed to preclude any importer from reconditioning prior
to importation any shipment of Irish potatoes for the purpose of making
it eligible for importation under the Act.
(1) Definitions. (i) For the purpose of this part potatoes meeting
the requirements of Canada No. 1 grade and Canada No. 2 grade shall be
deemed to comply with the requirements of the U.S. No. 1 grade and U.S.
No. 2 grade, respectively, and the tolerances for size, as set forth in
the U.S. Standards for Potatoes ( 51.1540 to 51.1556, inclusive of this
title) may be used.
(2) Importation means release from custody of the U.S. Bureau of
Customs.
(34 FR 8044, May 22, 1969, as amended at 35 FR 8204, May 26, 1970;
36 FR 9634, May 27, 1971; 37 FR 8059, Apr. 25, 1972; 54 FR 22577, May
25, 1989)
07 CFR 980.117 Import regulations; onions.
(a) Findings and determinations with respect to onions.
(1) Under section 8e of the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601-674), it is hereby found that:
(i) Grade, size, quality, and maturity regulations have been issued
regularly under Marketing Orders No. 958 and 959, both as amended;
(ii) Since December 9, 1985, grade, size, quality, and maturity
regulations have been in effect pursuant to these orders during the
period August through July;
(iii) The marketing of onions can be reasonably distinguished by the
seasonal categories, i.e., late summer and early spring. The bulk of
the late summer crop is harvested and placed in storage in late summer
and early fall and marketed over a period of several months extending
into the following spring. But the onions harvested from the early
spring crop are generally marketed as soon as the onions are harvested.
The marketing seasons for these crops overlap;
(iv) Concurrent grade, size, quality, and maturity regulations under
the two marketing orders are expected in future seasons, as in the past.
(2) Therefore, it is hereby determined that: Imports of onions
during the May 21 through March 9 period are in most direct competition
with the marketing of onions produced in designated counties of Idaho
and Malheur County, Oregon, covered by Marketing Order No. 958, as
amended (7 CFR part 958), and during the March 10 through May 20 period
the marketing of imported onions is in most direct competition with
onions produced in designated counties in South Texas covered by
Marketing Order No. 959, as amended (7 CFR part 959).
(b) Grade, size, quality, and maturity requirements. On and after
the effective date hereof no person may import onions as defined herein
unless they are inspected and meet the following requirements:
(1) During the period May 21 through March 9 of each marketing year,
whenever onions grown in designated counties in Idaho and Malheur
County, Oregon, are regulated under Marketing Order No. 958, imported
onions shall comply with the grade, size, quality, and maturity
requirements imposed under that order.
(2) During the period March 10 through May 20 of each marketing year,
whenever onions grown in designated counties in South Texas are
regulated under Marketing Order No. 959, imported onions shall comply
with the grade, size, quality, and maturity requirements imposed under
that order.
(c) Minimum quantity exemption. Any importation which in the
aggregate does not exceed 110 pounds (50 kilograms) may be imported
without regard to the provisions of this section.
(d) Plant quarantine. Provisions of this section shall not supercede
the restrictions or prohibitions on onions under the Plant Quarantine
Act of 1912.
(e) Designation of governmental inspection service. The Federal or
the Federal-State Inspection Service, Food Safety and Quality Service,
U.S. Department of Agriculture, and the Fruit and Vegetable Division,
Production and Marketing Branch, Canada Department of Agriculture, are
designated as governmental inspection services for certifying the grade,
size, quality, and maturity of onions that are imported into the United
States under the provisions of section 8e of the act.
(f) Inspection and official inspection certificates. (1) An official
inspection certificate certifying the onions meet the U.S. import
requirements for onions under section 8e (7 U.S.C. 608e-1), issued by a
designated governmental inspection service and applicable to a specified
lot is required on all imports of onions.
(2) Inspection and certification by the Federal or Federal-State
Inspection Service will be available and performed in accordance with
the rules and regulations governing certification of fresh fruits,
vegetables and other products (7 CFR part 2851). Each lot shall be made
available and accessible for inspection as provided therein. Cost of
inspection and certification shall be borne by the applicant.
(3) Since inspectors may not be stationed in the immediate vicinity
of some smaller ports of entry, importers should make advance
arrangements for inspection by ascertaining whether or not there is an
inspector located at their particular port of entry. For all ports of
entry where an inspection office is not located, each importer must give
the specified advance notice to the applicable office listed below prior
to the time the onions will be imported.
(4) Inspection certificates shall cover only the quantity of onions
that is being imported at a particular port of entry by a particular
importer.
(5) Each inspection certificate issued with respect to any onions to
be imported into the United States shall set forth, among other things:
(i) The date and place of inspection; (ii) the name of the shipper,
or applicant; (iii) the commodity inspected; (iv) the quantity of the
commodity covered by the certificate; (v) the principal identifying
marks on the containers; (vi) the railroad car initials and number, the
truck and trailer license number, the name of the vessel, or other
identification of the shipment; and (vii) the following statement, if
the facts warrant: Meets import requirements of 7 U.S.C. 608e-1.
(g) Reconditioning prior to importation. Nothing contained in this
part shall be deemed to preclude any importer from reconditioning prior
to importation any shipment of onions for the purpose of making it
eligible for importation.
(h) Definitions. For the purpose of this section, Onions means all
varieties of Allium cepa marketed dry, except dehydrated, canned, or
frozen onions, pickling onions in brine, onion sets, green onions or
braided red onions. The term U.S. No. 2 shall have the same meaning as
set forth in the U.S. Standards for Grades of Bermuda-Granex-Grano Type
Onions (7 CFR 2851.3195 through 2851.3209), U.S. Standards for Grades of
Creole Onions (7 CFR 2851.3955 through 2851.3970), or in the U.S.
Standards for Grades of Onions Other Than Bermuda-Granex-Grano and
Creole Types (7 CFR 2851.2830 through 2851.2854), whichever is
applicable to the particular variety, and variations thereof specified
in this section. The term moderately cured means the onions are mature
and are more nearly well cured than fairly well cured. Importation
means release from custody of the U.S. Bureau of Customs.
(43 FR 5500, Feb. 9, 1978, as amended at 52 FR 8872, Mar. 20, 1987;
52 FR 19281, May 22, 1987; 54 FR 8520, Mar. 1, 1989)
07 CFR 980.212 Import regulations; tomatoes.
(a) Findings and determinations with respect to fresh tomatoes. (1)
Under Section 8e of the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), it is hereby found that:
(i) Grade, size, quality and maturity regulations have been issued
from time to time under Marketing Order No. 966, as amended;
(ii) The marketing of fresh tomatoes from Florida covered by
Marketing Order No. 966, as amended, can reasonably be expected to
occur during the months of October through June;
(2) Therefore, it is hereby determined that imports of fresh tomatoes
during the months of October through June are in most direct competition
with the marketing of fresh tomatoes produced in Florida covered by
Marketing Order No. 966, as amended.
(b) Grade, size, quality and maturity requirements. On and after the
effective date hereof no person may import fresh tomatoes except pear
shaped, cherry, hydroponic and greenhouse tomatoes as defined herein, or
tomatoes to be used in noncommercial outlets for experimental purposes,
unless they are inspected and meet the following requirements;
(1) During the October-June period of each marketing year, whenever
tomatoes grown in Florida are regulated under Marketing Order No. 966,
imported tomatoes shall comply with the grade, size, quality and
maturity requirements imposed under that order.
(2) Prior to importation of tomatoes to be used in noncommercial
outlets for experimental purposes, the importer shall apply for and
obtain from the Vegetable Branch, Fruit and Vegetable Division, AMS,
U.S. Department of Agriculture, Washington, DC 20250, an approved
Certificate for Special Purpose Shipment, complete Part I and comply
with all procedures specified thereon. A separate certificate is
required for each shipment. Three copies of the certificate shalll
accompany shipment, of which one copy shall be surrendered to the
Federal or Federal-State Inspector of the U.S. Department of Agriculture
at the port of entry.
(3) Upon completion of shipment receiver making final disposition of
the tomatoes shall complete Part II of the Certificate. Importer shall
be responsible for the return, within 10 days, of a signed copy of the
certificate to the Chief, Vegetable Branch, Fruit and Vegetable
Division, AMS, U.S. Department of Agriculture, Washington, DC 20250,
certifying that the tomatoes were used for the purpose specified
thereon.
(c) Minimum quantity exemption. Any importation which in the
aggregate does not exceed 60 pounds may be imported without regard to
the provisions of this section.
(d) Plant quarantine. Provisions of this section shall not supersede
the restrictions or prohibitions on tomatoes under the Plant Quarantine
Act of 1912.
(e) Designation of Governmental inspection service. The Federal or
the Federal-State Inspection Service, Food Safety and Quality Service,
United States Department of Agriculture, and the Fruit and Vegetable
Division, Production and Marketing Branch, Canada Department of
Agriculture, are designated as governmental inspection services for
certifying the grade, size, quality and maturity of tomatoes that are
imported into the United States under the provisions of Section 8e of
the act.
(f) Inspection and official inspection certificates. (1) An official
inspection certificate certifying the tomatoes meet the United States
import requirements for tomatoes under Section 8e (7 U.S.C. 608e-1),
issued by a designated governmental inspection service and applicable to
a specified lot is required on all imports of fresh tomatoes.
(2) Inspection and certification by the Federal or Federal-State
Inspection Service will be available and performed in accordance with
the rules and regulations governing certification of fresh fruits,
vegetables and other products (7 CFR part 2851). Each lot shall be made
available and accessible for inspection as provided therein. Cost of
inspection and certification shall be borne by the applicant.
(3) Since the inspectors may not be stationed in the immediate
vicinity of some smaller ports of entry, importers should make advance
arrangements for inspection by ascertaining whether or not there is an
inspector located at their particular port of entry. For all ports of
entry where an inspection office is not located, each importer must give
the specified advance notice to the applicable office listed below prior
to the time the tomatoes will be imported.
(4) Inspection certificates shall cover only the quantity of tomatoes
that is being imported at a particular port of entry by a particular
importer.
(5) Each inspection certificate issued with respect to any tomatoes
to be imported into the United States shall set forth, among other
things:
(i) The date and place of inspection;
(ii) The name of the shipper, or applicant;
(iii) The commodity inspected;
(iv) The quantity of the commodity covered by the certificate;
(v) The principal identifying marks on the containers;
(vi) The railroad car initials and number, the truck and trailer
license number, the name of the vessel, or other identification of the
shipment; and
(vii) The following statement, if the facts warrant: Meets import
requirements of 7 U.S.C. 608e-1.
(g) Reconditioning prior to importation. Nothing contained in this
part shall be deemed to preclude any importer from reconditioning prior
to importation any shipment of tomatoes for the purpose of making it
eligible for importation.
(h) Definitions. For the purpose of this section, Importation means
release from custody of the United States Bureau of Customs. Cherry
tomatoes means cerasiform types commonly referred to as ''cherry
tomatoes.'' Pear shaped tomatoes means elongated types, commonly
referred to as pear shaped or paste tomatoes and include San Marzano,
Red Top and Roma varieties. Hydroponic tomatoes means tomatoes grown in
solution without soil. Greenhouse tomatoes means tomatoes grown
indoors. The terms relating to grade and size, as used herein, shall
have the same meaning as when used in the U.S. Standards for Grades of
Fresh Tomatoes (7 CFR 2851.1855 to 2851.1877; title 7, chapter I, part
51 was redesignated title 7, chapter 28, part 2851 on June 27, 1977).
(42 FR 55192, Oct. 14, 1977, as amended at 43 FR 3349, Jan. 25, 1978)
07 CFR 980.212 Pt. 981
07 CFR 980.212 PART 981 -- ALMONDS GROWN IN CALIFORNIA
07 CFR 980.212 Subpart -- Order Regulating Handling
Sec.
981.1 Secretary.
981.2 Act.
981.3 Person.
981.4 Almonds.
981.5 Unshelled almonds.
981.6 Shelled almonds.
981.7 Edible kernel.
981.8 Inedible kernel.
981.9 Kernel weight.
981.10 Almonds received for his own account.
981.11 Area of production.
981.12 Grower.
981.13 Handler.
981.14 Cooperative handler.
981.15 Almond product.
981.16 To handle.
981.17 Inspection agency.
981.18 Settlement weight.
981.19 Crop year.
981.20 Handler carryover.
981.21 Trade demand.
981.21a Salable almonds.
981.21b Reserve almonds.
981.22 Board.
981.23 Part and subpart.
981.30 Establishment.
981.31 Membership representation.
981.32 Nominations.
981.33 Selection and term of office.
981.34 Qualification.
981.35 Alternates.
981.36 Vacancy.
981.37 Expenses.
981.38 Powers.
981.39 Duties.
981.40 Procedure.
981.41 Research and development.
981.42 Quality control.
981.45 General.
981.46 Withholding reserve.
981.47 Method of establishing salable and reserve percentages.
981.48 Increase of salable percentage.
981.49 Board estimates and recommendations.
981.50 Reserve obligation.
981.51 Requirements for reserve.
981.52 Holding requirement and delivery.
981.54 Payment to handlers for services rendered.
981.55 Interhandler transfers.
981.56 Assistance of Board in accounting for reserve.
981.57 Application of salable and reserve percentage after end of
crop year.
981.59 Adjustment upon increase of salable percentage.
981.60 Determination of kernel weight.
981.61 Redetermination of kernel weight.
981.62 Varietal shelling ratios for unshelled almonds.
981.65 Prohibition on the use or disposition of reserve almonds.
981.66 Conditions governing disposition of reserve.
981.67 Disposition by handler.
981.70 Records and verification.
981.71 Record of receipts.
981.72 Reports of receipts.
981.73 Periodic reports.
981.74 Other reports.
981.75 Confidential nature of records and reports.
981.80 Expenses.
981.81 Assessment.
981.85 Personal liability.
981.86 Separability.
981.87 Derogation.
981.88 Duration of immunities.
981.89 Agents.
981.90 Effective time, suspension, or termination.
981.91 Effect of termination or amendment.
981.92 Amendments.
07 CFR 980.212 Subpart -- Administrative Rules and Regulations
981.401 Adjusted kernel weight.
981.408 Inedible kernel.
981.413 Roadside stand exemption.
981.441 Crediting for marketing promotion including paid advertising.
981.442 Quality control.
981.450 Exempt dispositions.
981.455 Interhandler transfers.
981.466 Almond butter.
981.467 Disposition in reserve outlets by handlers.
981.472 Reports of almonds received.
981.473 Redetermination reports.
981.474 Other reports.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 35 FR 11372, July 16, 1970, unless otherwise noted.
07 CFR 980.212 Subpart -- Order Regulating Handling
07 CFR 980.212 Definitions
07 CFR 981.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer or employee of the United States Department of
Agriculture who is, or who may be, authorized to perform the duties
under this part of the Secretary of Agriculture of the United States.
07 CFR 981.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (48 Stat. 31, as amended; 62 Stat. 1247; 63 Stat.
282, 1051; 7 U.S.C. 601 et seq.).
07 CFR 981.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 981.4 Almonds.
Almonds means (unless otherwise specified) all varieties of almonds
(except bitter almonds), either shelled or unshelled, grown in the State
of California, and for the purposes of research includes almond shells
and hulls.
(41 FR 26852, June 30, 1976)
07 CFR 981.5 Unshelled almonds.
Unshelled almonds means almonds the kernels of which are contained in
the shell.
07 CFR 981.6 Shelled almonds.
Shelled almonds mean raw or roasted almonds after the shells are
removed and includes blanched, diced, sliced, slivered, cut, halved, or
broken almonds, or any combination thereof. Additional almond products
may be included by the Secretary from time to time upon consideration of
a recommendation from the Board or other pertinent information.
07 CFR 981.7 Edible kernel.
Edible kernel means a kernel, piece, or particle of almond kernel
that is not inedible.
(41 FR 26852, June 30, 1976)
07 CFR 981.8 Inedible kernel.
Inedible kernel means a kernel, piece, or particle of almond kernel
with any defect scored as serious damage, or damage due to mold, gum,
shrivel, or brown spot, as defined in the United States Standards for
Shelled Almonds, or which has embedded dirt not easily removed by
washing. This definition may be modified by the Board with the approval
of the Secretary: Provided, That the Board shall submit any
recommendation for modification to the Secretary not later than August
1.
(41 FR 26852, June 30, 1976)
07 CFR 981.9 Kernel weight.
Kernel weight means the weight of kernels, including pieces and
particles, regardless of whether edible or inedible, contained in any
lot of almonds, unshelled or shelled.
07 CFR 981.10 Almonds received for his own account.
Almonds received for his own account means all almonds which are
received by a handler (including all almonds of his own production),
except those which are received by him for storage or processing for the
account of any other person and with respect to which such handler
performs no handling function.
07 CFR 981.11 Area of production.
Area of production means the State of California.
07 CFR 981.12 Grower.
Grower is synonymous with producer and means any person engaging, in
a proprietary capacity, in the commercial production of almonds.
07 CFR 981.13 Handler.
Handler means any person handling almonds during any crop year,
except that such term shall not include either a grower who sells only
almonds of his own production at retail at a roadside stand operated by
him, or a person receiving almonds from growers and other persons and
delivering these almonds to a handler.
(41 FR 26852, June 30, 1976)
07 CFR 981.14 Cooperative handler.
Cooperative handler means any handler which is a cooperative
marketing association of growers regardless of where or under what laws
it may be organized.
07 CFR 981.15 Almond product.
Almond product means any edible preparation other than those included
under the definition of ''shelled almonds,'' manufactured entirely or
partially from raw shelled almonds, and nut mixtures containing shelled
or unshelled almonds.
07 CFR 981.16 To handle.
To handle means to use almonds commercially of own production or to
sell, consign, transport, ship (except as a common carrier of almonds
owned by another person) or in any other way to put into channels of
trade, either within the area of production or from such area to points
outside thereof, or to receive as the first receiver thereof at any
point of entry in the United States and Puerto Rico, almonds which have
been exported therefrom and are submitted for reentry or are reentered
free of duty: Provided, That sales or deliveries by growers to handlers
within the area of production shall not be considered as handling.
(35 FR 11372, July 16, 1970, as amended at 37 FR 3984, Feb. 25, 1972)
07 CFR 981.17 Inspection agency.
Inspection agency means the Federal-State Inspection Service or, when
specifically designated, the Federal Inspection Service.
07 CFR 981.18 Settlement weight.
Settlement weight means the actual gross weight of any lot of almonds
received for his own account by any handler, less adjustments as
follows:
(a) For weight of containers,
(b) For excess moisture, and
(c) For trash or other foreign material of any kind.
07 CFR 981.19 Crop year.
Crop year means the 12 months from July 1 to the following June 30
inclusive.
07 CFR 981.20 Handler carryover.
Handler carryover as of any given date means all almonds, wherever
located, then held by handlers for their own accounts (whether or not
sold) but not including any almond products.
(41 FR 26852, June 30, 1976)
07 CFR 981.21 Trade demand.
Trade demand means the quantity of almonds (kernel weight basis)
which commercial distributors and users such as the wholesale, chain
store, confectionery, bakery, ice cream, and nut salting trades will
acquire from all handlers during a crop year for distribution in the
United States, Puerto Rico, and the Canal Zone: Provided, That in
recommending the salable and reserve percentages for any crop year, the
Board may include, with the approval of the Secretary, export outlets
for almonds.
(41 FR 26852, June 30, 1976)
07 CFR 981.21a Salable almonds.
Salable almonds means those almonds which are free to be handled
pursuant to any salable percentage established by the Secretary pursuant
to 981.47 or 981.48 and, in the absence of a reserve percentage being
established for a crop year, all almonds received by handlers for their
own accounts during that crop year.
07 CFR 981.21b Reserve almonds.
Reserve almonds means those almonds which must be withheld from
handling in satisfaction of a reserve obligation arising from
application of a reserve percentage established by the Secretary
pursuant to 981.47 or 981.48.
07 CFR 981.22 Board.
Board means the Almond Board of California which is the
administrative agency established by this subpart.
(41 FR 26852, June 30, 1976)
07 CFR 981.23 Part and subpart.
Part means the order regulating the handling of almonds grown in the
State of California, and all rules, regulations, and supplementary
orders issued thereunder, and the aforesaid order shall be a subpart of
such part.
07 CFR 981.23 Almond Board of California
07 CFR 981.30 Establishment.
A Board of ten members, with an alternate member for each such
member, is hereby established.
07 CFR 981.31 Membership representation.
Two members and an alternate for each member shall be selected from
nominees submitted by each of the following groups designated in
paragraphs (a) through (d) of this section, or from among other
qualified persons belonging to such groups; and one member and an
alternate member shall be selected from nominees submitted by each of
the following groups designated in paragraphs (e) and (f) of this
section, or from among other qualified persons belonging to such groups:
(a) The cooperative handlers;
(b) All handlers, other than cooperative handlers;
(c) Those growers who market their almonds through cooperative
handlers;
(d) Those growers who market their almonds through other than
cooperative handlers;
(e) The group of cooperative handlers or the group of handlers other
than cooperative handlers whichever during that part of the then current
crop year through March 31 received for their own account more than 50
percent of the almonds delivered by growers; and
(f) Those growers whose almonds were marketed during that period of
the then current crop year through March 31, through the handler group
specified in paragraph (e) of this section.
07 CFR 981.32 Nominations.
(a) Method. Nominees for the respective member and alternate member
positions shall be chosen by ballot delivered to the Board. Nominees
chosen as provided herein shall be submitted by the Board to the
Secretary on or before May 20 of each year together with such related
information as he may require. If a nomination for any board member or
alternate is not received by the Secretary on or before May 20, he may
select such member or alternate from persons belonging to the group to
be represented, without nomination. The Board shall mail to all
handlers and growers, other than cooperative, of record, the required
ballots with all necessary voting information, including the names of
incumbents willing to accept renomination, and, to such growers the name
of any person proposed for nomination in a petition signed by at least
15 such growers and filed with the Board on or before April 20.
Distribution of ballots shall be announced by press releases, furnishing
pertinent information on balloting, issued by the Board through
newspapers and other publications having general circulation in the
almond producing areas.
(b) Voting. (1) Nominees for each member and alternate member
position shall be voted upon separately by the group proposing them.
The handler or grower group which is determined to be eligible for
additional representation pursuant to 981.31 (e) and (f), respectively,
shall nominate such representatives in the same manner prescribed for
choosing other nominees.
(2) Each handler may vote for a nominee for each position
representing the group to which he belongs. Each handler vote shall be
weighted by the quantity of almonds (kernel weight basis computed to the
nearest whole ton) handled for his own account through March 31 of the
crop year in which nominations are made. The nominee for each position
shall be the person receiving the highest weighted vote for the
position.
(3) Growers who market their almonds through cooperative handlers
shall vote through their respective organizations. Each cooperative
shall cast a vote for nominees for each position representing the
cooperative grower group and such ballots shall be weighted by the
number of growers who are members of, or under contract with, such
cooperative. The nominee for each position shall be the person
receiving the highest weighted vote for that position.
(4) Growers who market their almonds through other than cooperative
handlers shall each have one equal vote. The nominees for each position
representing such grower group shall be the person receiving the highest
number of votes for that position.
07 CFR 981.33 Selection and term of office.
Members and their respective alternates shall be selected annually
for each group from nominees submitted for that group or from among
other qualified persons by the Secretary for a term of one year
beginning June 10 and shall serve until their respective successors are
selected and qualified.
07 CFR 981.34 Qualification.
Any person selected as a member or alternate of the Board, shall
qualify by filing a written acceptance of his appointment with the
Secretary or his designated representative. Any member or alternate
who, at the time of his selection, was a member of or employed by a
member of the group which nominated him shall, upon ceasing to be such
member or employee, become disqualified to serve further and his
position on the Board shall be deemed vacant.
07 CFR 981.35 Alternates.
An alternate for a member for the Board shall act in the place and
stead of such member (a) in his absence, or (b) in the event of his
death, removal, resignation or disqualification, until a successor for
his unexpired term has been selected and has qualified.
07 CFR 981.36 Vacancy.
To fill any vacancy occasioned by the death, removal, resignation, or
disqualification of any member or alternate of the Board, a successor
for his unexpired term shall be selected by the Secretary after
consideration of recommendations which may be submitted by members of
the group for which such vacancy exists, unless such selection is deemed
unnecessary by the Secretary.
07 CFR 981.37 Expenses.
The members of the Board shall serve without compensation, but shall
be allowed their necessary expenses.
07 CFR 981.38 Powers.
The Board shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate and report to the Secretary complaints of
violations of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 981.39 Duties.
The Board shall have, among other things, the following duties:
(a) To act as intermediary between the Secretary and any handler or
grower;
(b) To keep minute books and records which will clearly reflect all
of its acts and transactions, and such minute books and records shall be
subject to examination by the Secretary at any time;
(c) To investigate the growing, shipping, and marketing conditions
with respect to almonds and to assemble data in connection therewith;
(d) To furnish to the Secretary such available information as may be
deemed pertinent or as he may request;
(e) To appoint such employees as it may deem necessary and to
determine the salaries, define the duties and fix the bonds of such
employees; and
(f) To cause the books of the Board to be audited by one or more
competent certified public accountants at least once for each crop year,
and at such other times as the Board may deem necessary or as the
Secretary may request; and the report of each such audit shall show,
among other things, the receipt and expenditure of funds pursuant
hereto: and to file with the Secretary three copies of all audit
reports made.
07 CFR 981.40 Procedure.
(a) Organization and rules. The members of the Board shall select a
chairman from their membership. The Board shall select such other
officers and adopt such rules for the conduct of its business as it may
deem advisable. The Board shall give to the Secretary or his designated
agent and representatives the same notice of meetings of the Board as is
given to members of the Board.
(b) Quorum. All decisions of the Board, except where otherwise
specifically provided, shall be by a majority vote of the members
present. The presence of six members shall be required to constitute a
quorum.
(c) Voting by mail or telegram. The Board may vote by mail or
telegram upon written notice to all members, or alternates acting in
their place, including in the notice a statement of a reasonable time
not to exceed 10 days in which a vote by mail or telegram must be
received by the board manager for counting: Provided, That voting by
mail or telegram shall not be permitted at any assembled meeting of the
Board. When any proposition is submitted for voting by mail or
telegram, one dissenting vote or failure to vote shall prevent its
adoption by that method.
(d) Right of the Secretary. The members of the Board (including
successors or alternates), and any agent or employee appointed or
employed by the Board, shall be subject to removal or suspension by the
Secretary at any time. Each and every order, regulation, decision,
determination, or other act of the Board shall be subject to the
continuing right of the Secretary to disapprove of the same at any time,
and, upon such disapproval, shall be deemed null and void except as to
acts done in reliance thereon or in compliance therewith.
(e) Additional voting requirements. Adoption of recommendations by
the Board with respect to projects pursuant to 981.41 involving
production research, marketing research and development projects, and
marketing promotion including paid advertising and crediting the pro
rata expense assessment obligation of handlers with such portion of
their direct expenditures for marketing promotion including paid
advertising, shall require at least seven affirmative votes.
(35 FR 11372, July 16, 1970, as amended at 37 FR 3984, Feb. 15, 1972)
07 CFR 981.40 Research
07 CFR 981.41 Research and development.
(a) General. The Board, with the approval of the Secretary, may
establish or provide for the establishment of projects involving
production research, marketing research and development projects, and
marketing promotion including paid advertising, designed to assist,
improve, or promote the marketing, distribution, consumption or
efficient production of almonds. The Board may also provide for
crediting the pro rata expense assessment obligations of a handler with
such portion of his direct expenditure for such marketing promotion
including paid advertising as may be authorized. The expenses of such
projects shall be paid from funds collected pursuant to 981.81(a) or
credited pursuant to paragraph (c) of this section.
(b) Authorization. If, on the basis of a Control Board
recommendation pursuant to 981.40(e) with respect to projects pursuant
to this section, and appertaining rules and regulations established by
the Secretary on recommendation of the Board, and other available
information, the Secretary concurs that such activities should be
permitted, he shall authorize such activities.
(c) Creditable expenditures. The Board, with the approval of the
Secretary, may provide for crediting all or any portion of a handler's
direct expenditures for marketing promotion including paid advertising,
that promotes the sale of almonds, almond products or their uses. No
handler shall receive credit for any allowable direct expenditures that
would exceed the total of his assessment obligation which is
attributable to that portion of his assessment designated for marketing
promotion including paid advertising. Such expenditures may include,
but are not limited to, money spent for advertising space or time in
newspaper, magazines, radio, television, transit, and outdoor media,
including the actual standard agency commission costs not to exceed 15
percent: Provided, That, with respect to paid advertising, advertising
production costs, preparation expenses, travel allowances, and other
expenses not directly connected with paid space or time, and costs
relating to pretesting of advertising, test marketing, directory
advertising, point of sales materials, premiums, and trade promotion
allowances shall not be eligible for credit against a handler's
assessment obligation.
(d) Promotion guidelines. All marketing promotion activity engaged
in by the Board, including paid advertising, shall be subject to the
following terms and conditions:
(1) No marketing promotion, including paid advertising shall refer to
any private brand, private trademark or private trade name;
(2) No promotion or advertising shall disparage the quality, use,
value, or sale of like or any other agricultural commodity or product,
and no false or unwarranted claims shall be made in connection with the
product;
(3) No promotion or advertising shall be undertaken without reason to
believe that returns to producers will be improved by such activity;
and
(4) Upon conclusion of each activity, but at least annually, the
Board shall summarize and report the results of such activity to its
members and to the Secretary.
(e) Rules and regulations. Before any project involving marketing
promotion, including paid advertising and the crediting of the pro rata
expense assessment obligation of handlers is undertaken pursuant to this
section, the Secretary, after recommendation by the Board, shall
prescribe appropriate rules and regulations as are necessary to
effectively regulate such activity.
(37 FR 3984, Feb. 25, 1972)
07 CFR 981.41 Quality Control
07 CFR 981.42 Quality control.
(a) Incoming. Except as provided in this paragraph, each handler
shall cause to be determined, through the inspection agency, and at
handler expense, the percent of inedible kernels in each variety
received by him and shall report the determination to the Board. The
quantity of inedible kernels in each variety in excess of two percent of
the kernel weight received, shall constitute a weight obligation to be
accumulated in the course of processing and shall be delivered to the
Board, or Board accepted crushers, feed manufacturers, or feeders. The
Board, with the approval of the Secretary, may change this percentage
for any crop year, may authorize additional outlets, may exempt
bleaching stock from inedible kernel determination or obligation and may
establish rules and regulations necessary and incidental to the
administration of this provision, including the method of determining
inedible kernel content and satisfaction of the disposition obligation.
The Board for good cause may waive portions of obligations for those
handlers not generating inedible material from such sources as blanching
or manufacturing.
(b) Outgoing. For any crop year the Board may establish, with the
approval of the Secretary, such minimum quality and inspection
requirements applicable to almonds to be handled or to be processed into
manufactured products, as will contribute to orderly marketing or be in
the public interest. In such crop year, no handler shall handle or
process almonds into manufactured items or products unless they meet the
applicable requirements as evidenced by certification acceptable to the
Board. The Board, with the approval of the Secretary, may establish
rules and regulations necessary and incidental to the administration of
this provision.
(41 FR 26853, June 30, 1976, as amended at 41 FR 53651, Dec. 8, 1976)
07 CFR 981.42 Volume Regulation
07 CFR 981.45 General.
In order to effectuate the declared policy of the act, no handler
shall handle almonds except in accordance with the terms and conditions
of this part.
07 CFR 981.46 Withholding reserve.
When a reserve percentage has been fixed for any crop year, as
hereinafter provided, no handler shall handle almonds except on
condition that he comply with the requirements in respect to withholding
reserve almonds and the prescribed disposition thereof.
07 CFR 981.47 Method of establishing salable and reserve percentages.
Whenever the Secretary finds, from the recommendations and supporting
information supplied by the Board or from any other available
information, that to designate the percentages of almonds during any
crop year which shall be salable almonds and reserve almonds would tend
to effectuate the declared policy of the act, he shall designate such
percentages. Except as provided in 981.50 the salable and reserve
percentages shall each be applied to the kernel weight of almonds
received by a handler for his own account during the crop year. In
establishing such salable and reserve percentages, the Secretary shall
give consideration to the ratio of estimated trade demand (either
domestic or domestic plus export, less the handler carryover available
to satisfy trade demand plus the desirable handler carryover at the end
of the crop year) to the estimated production of marketable almonds (all
expressed in terms of kernel weight) or the allocation quantity
(marketable production plus almonds diverted to oil or feed when
eligible for reserve satisfaction) whichever is applicable; the
recommendation submitted to him by the Board; and such other
information as he deems appropriate. The total of the salable and
reserve percentages established each crop year shall equal 100 percent.
(41 FR 26853, June 30, 1976)
07 CFR 981.48 Increase of salable percentage.
Upon request filed prior to May 15 by the Board or, if the Board
should fail to request, by two or more handlers who have handled at
least 15 percent of all almonds handled in the preceding crop year, and
after findings of fact (based upon a revision of the estimates required
under 981.49 and other pertinent information) that the quantity of
salable almonds is not sufficient to satisfy trade demand and desirable
carryover requirements for the crop year, the Secretary may increase the
salable percentage. Such findings shall be made in the manner specified
in 981.47.
07 CFR 981.49 Board estimates and recommendations.
To aid the Secretary in fixing the salable and reserve percentages,
the Board shall furnish to the Secretary, not later than August 1, the
following estimates (kernel weight basis) and recommendations for the
crop year, each of which, or any later revisions thereof, shall be
adopted by the affirmative vote of at least six members:
(a) The quantity of marketable almonds to be produced;
(b) The handler carryover and the reserve inventory as of July 1;
(c) The desirable handler carryover and the probable reserve
inventory at the end of the crop year;
(d) The trade demand, taking into consideration anticipated imports,
economic conditions and the anticipated market price (within the
limitations of the act);
(e) The recommended salable and reserve percentages to be
established; and
(f) The recommended percentage of reserve almonds that may be
exported pursuant to 981.66.
The Board shall also furnish to the Secretary a complete report of
the proceedings of the Board meeting at which the recommended salable
and reserve percentages were considered. If, for any reason, the Board
fails to make these estimates or to recommend to the Secretary salable
and reserve percentages as required hereby, reports representing the
views of members with respect to such matters may be submitted to the
Secretary who may act on the basis of such reports or other information
available to him.
(35 FR 11372, July 16, 1970, as amended at 41 FR 26853, June 30,
1976)
07 CFR 981.50 Reserve obligation.
Whenever salable and reserve percentages are in effect for a crop
year, each handler shall withhold from handling a quantity of almonds
having a kernel weight equal to the reserve percentage of the kernel
weight of all almonds such handler receives for his own account during
the crop year: Provided, That, any quantity of almonds delivered to
outlets such as poultry or animal feed or crushing into oil, in a manner
permitting accountability to the Board, shall not be included in such
receipts. The quantity of almonds hereby required to be withheld from
handling shall constitute, and may be referred to as the ''reserve'' or
''reserve obligation'' of a handler. The almonds handled as salable
almonds by any handler, in accordance with the provisions of this part,
shall be deemed to be that handler's quota fixed by the Secretary within
the meaning of section 8a(5) of the act.
(41 FR 26853, June 30, 1976)
07 CFR 981.51 Requirements for reserve.
Each handler may satisfy his reserve obligation with such almonds
specified in the terms of the agency agreement authorized in 981.67,
including all applicable inspection and certification requirements. Any
handler who does not become an agent may receive credit by similarly
delivering almonds to the Board or its designees. These requirements
may be established by the Board, with the approval of the Secretary, and
from time to time so modified, and may include grade requirements for
reserve almonds delivered to human consumption outlets.
(41 FR 26853, June 30, 1976)
07 CFR 981.52 Holding requirement and delivery.
Each handler shall, at all times, hold in his possession or under his
control, in proper storage for the account of the Board, the quantity of
almonds necessary to meet his reserve obligation less: (a) Any quantity
which was disposed of by him pursuant to 981.67; and (b) any quantity
for which he is otherwise relieved by the Board of responsibility to so
hold almonds. Upon demand of the Board reserve almonds shall be
delivered to the Board f.o.b. handler's warehouse or point of storage,
except that the Board shall not make such demand upon a handler with
respect to reserve almonds for which he has agreed to undertake
disposition pursuant to 981.67. Any handler who does not act as agent
for the Board in the disposition of reserve almonds shall be subject to
the applicable inspection and certification requirements prescribed by
the Board pursuant to 981.67.
(41 FR 26853, June 30, 1976)
07 CFR 981.54 Payment to handlers for services rendered.
The Board may pay handlers for necessary services rendered by them in
connection with almonds eventually disposed of directly by the Board as
reserve including but not limited to storing, shelling, sorting,
bleaching, grading, packaging, fumigating, and other services in
accordance with such schedule of payments and under such conditions as
may be established by the Secretary after recommendation of the Board.
07 CFR 981.55 Interhandler transfers.
Any handler may, upon notice to and under the supervision and
direction of the Board, transfer almonds or reserve credits to another
handler. Any such transfers shall be accounted for in such manner that
the reserve obligation and assessments on the combined transactions of
the participating handlers shall be fully met and such reserve
withholding obligation and assessments may be divided between such
handlers in accordance with their arrangements subject to approval of
the Board.
07 CFR 981.56 Assistance of Board in accounting for reserve.
The Board, on written request, may assist handlers in accounting for
their reserve obligations and may aid any handler in acquiring almonds
to meet any deficiency in his reserve.
07 CFR 981.57 Application of salable and reserve percentages after end
of crop year.
The salable and reserve percentages established for any crop year
shall continue in effect with respect to all almonds for which the
reserve obligation has not been previously met, which are received for
his own account or handled by any handler after the end of such crop
year and before salable and reserve percentages are established for the
succeeding crop year. After such percentages are established for the
new crop year, the withholding requirements for all such almonds
theretofore received for his own account or handled during that crop
year shall be adjusted to the newly established percentages.
07 CFR 981.59 Adjustment upon increase of salable percentage.
(a) Upon any increase in the salable percentage and corresponding
decrease in the reserve percentage, the reserve obligation of each
handler for the entire crop year to the effective date of such action
shall be computed in accordance with such revised salable and reserve
percentages. From the reserve almonds that may have been withheld by
him and not yet disposed of, any handler authorized to act and acting as
agent of the Board in disposing of reserve pursuant to 981.66 shall be
permitted to select, under the supervision and direction of the Control
Board, the particular reserve almonds to be restored to his salable
percentage, and such restoration shall be deemed to fulfill the
obligation of the Board with respect to such increase.
(b) In the case of handlers who have not been authorized to dispose
of their own reserves, and handlers who have terminated their agencies
to dispose of their own reserves, prior to an increase in the salable
percentage, insofar as practicable each such handler shall be permitted
to select almonds from his own reserve to be restored to his salable
quantity. In the event there are not sufficient reserve almonds held by
the Board at the time the salable percentage is increased, to make full
restoration, as represented by the increase in the salable percentage,
to all such handlers, the restoration to the salable quantities of the
respective handlers shall be pro rata on the basis of certified kernel
weight poundage of reserve contributed by said handlers during the crop
year to the date of increase of the salable percentage: Provided, That
restoration shall be made in a manner that will result, to the extent
practicable, in a comparable percentage of reserve disposition for each
such handler and that no handler shall receive almonds in excess of his
contribution. Such restoration to the salable quantity shall be deemed
to fulfill the obligation of the Board with respect to the increase in
the salable percentage.
07 CFR 981.60 Determination of kernel weight.
(a) Almonds for which settlement is made on kernel weight. All lots
of almonds, whether shelled or unshelled, for which settlement is made
on the basis of kernel weight shall be included in the total kernel
weight for any handler at the settlement weight.
(b) Almonds for which settlement is made on unshelled weight. Any
unshelled almonds for which settlement is made on the basis of unshelled
weight shall be included in the total kernel weight for any handler at
the settlement weight of such unshelled almonds multiplied by the
applicable shelling ratio in accordance with 981.62.
07 CFR 981.61 Redetermination of kernel weight.
The Board, on the basis of reports by handlers, shall redetermine the
kernel weight of almonds received by each handler for his own account
during each crop year through each of the following dates: December 31,
March 31, and June 30. Such redetermined kernel weight for each handler
shall be the basis for computing his reserve obligation for the crop
year through such dates, except that adjustment shall be made for
almonds on which the obligation has been assumed by another handler.
The redetermined kernel weight of each handler's receipts, as of any
date during the crop year, shall be his carryover as of that date plus
the weight of almonds delivered or used in products minus the carryover
at the beginning of the crop year, the weight on which another handler
has assumed the obligations, and the weight delivered to exempt outlets.
Weights used in such computations for various classifications of
almonds shall be: (a) For unshelled almonds, the kernel weight computed
by application of shelling ratios authorized pursuant to 981.62; (b)
for shelled almonds, the net weight; and (c) for shelled almonds used
in production of almond products, the net weight of such almonds.
(41 FR 26853, June 30, 1976)
07 CFR 981.62 Varietal shelling ratios for unshelled almonds.
(a) The varietal shelling ratios applicable to unshelled almonds for
determination of kernel weight are as follows:
(b) Lots of unshelled almonds designated by a handler as unknown or
unnamed varieties, or varieties of a name not listed in this section,
also lots of mixed varieties (lots containing more than 10 percent by
weight of unshelled almonds which differ materially in shape or
appearance from the predominant variety in the lot) shall be converted
to kernel weight at 60 percent, unless the handler, at his expense,
furnishes an inspection certificate applicable to the lot, issued by the
inspection agency, showing the kernel weight of the lot. The shelling
ratios in this section may be changed by the Secretary, and shelling
ratios for other varieties may be specified by him, upon consideration
of a Board recommendation and other available data.
(35 FR 11372, July 16, 1970, as amended at 41 FR 26853, June 30,
1976; 41 FR 27827, July 7, 1976)
07 CFR 981.62 Disposition of Reserve
07 CFR 981.65 Prohibition on the use or disposition of reserve almonds.
Except as provided in 981.66 and 981.67, almonds that are withheld
as reserve pursuant to the requirements of 981.50 or are creditable in
satisfaction of a reserve withholding obligation thereunder, shall not
be used or disposed of by any handler or any other person.
07 CFR 981.66 Conditions governing disposition of reserve.
(a) General. The Board shall have power and authority to sell or
dispose of any and all reserve almonds withheld upon the best terms and
at the highest return obtainable consistent with the ultimate complete
disposition of reserve, subject to all conditions of this section.
(b) Disposition of reserve for export. Sales of reserve almonds for
export to destinations outside the United States, Puerto Rico, and the
Canal Zone shall be made only on execution of an agreement to prevent
sale within or reimportation into the United States; and in case of
export to Canada or Mexico, such almonds shall be sold only on the basis
of a delivered price, duty paid.
(c) Exclusion from salable normal trade channels. No reserve almonds
shall be sold in the United States, Puerto Rico, and the Canal Zone
other than to governmental agencies or to charitable institutions for
charitable purposes, except for diversion into almond oil, almond
butter, poultry or animal feed, or into other channels which the Board
finds are noncompetitive with existing normal markets for almonds, and
with proper safeguards in each case to prevent such almonds thereafter
entering the channels of trade in such normal markets.
(d) Time restriction on disposition. The Board shall not dispose of
in export, or authorize the disposition in export, of more than 80
percent or such other percentage as the Secretary, upon recommendation
of the Board or other information, may establish, of the reserve almonds
of the applicable crop year. However, at any time prior to May 15
(except that such date may be extended by the Secretary to a date not
later than June 30 upon recommendation of the Board or other
information), the Board shall meet and review the disposition of reserve
almonds. If the Board finds that the volume of reserve almonds released
to export has been sold, or committed for sale, to such an extent that
additional almonds could be disposed of in export, without materially
affecting adversely the disposition of the oncoming crop, it may
recommend an increase in the percentage to be released in export. Upon
basis of the Board's finding and recommendation, or other information,
the Secretary may increase the percentage. Any export percentage in
effect pursuant to the foregoing shall continue to apply to the reserve
almonds of the applicable crop year unless and until such percentage is
increased or until all of the reserve almonds to which it applies have
been disposed of. If pursuant to 981.48, the reserve percentage is
reduced during any crop year, each handler may dispose of the quantity
released into export by the reserve and export percentages in effect
prior to such reduction in the reserve percentage but his credit for any
authorized reserve disposition shall not exceed his new reserve
obligation. The Board may dispose of reserve almonds in non-competitive
outlets in any crop year in which the quantity exceeds that needed for
export or the export quantity is included in salable almonds.
(e) Disposition after September 1. Any reserve almonds remaining
unsold as of September 1 shall be disposed of by the Board as soon as
practicable through the most readily available reserve outlets. The
date of September 1 herein specified may be extended to a later date by
the Secretary, upon recommendation of the Board or other information.
(f) Expenses. Direct expenses incurred by the Board in the
maintenance and disposition of reserve almonds shall be charged against
the proceeds of sales of such almonds.
(g) Distribution of proceeds. Net proceeds from the disposition of
reserve almonds by the Board shall be distributed to each handler in
proportion to his relative share of such disposition in terms of
creditable reserve kernel weight pursuant to 981.51 or such other basis
as the Board may adopt with the approval of the Secretary.
(35 FR 11372, July 16, 1970, as amended at 37 FR 3984, Feb. 25, 1972;
41 FR 26854, June 30, 1976)
07 CFR 981.67 Disposition by handler.
Upon request of a handler, made prior to the delivery by him of any
reserve to the Board in any crop year, the Board shall authorize such
handler to act as agent of the Board, upon such reasonable terms and
conditions, including inspection and certification requirements, as the
Board may specify and subject to the conditions of 981.66 in disposing
of the reserve withheld from handling by such handler for that crop
year. Any handler who is authorized to dispose of his reserve may,
through arrangement with another handler dispose of such reserve through
such other handler or, in lieu of disposition, may acquire credits for
reserve disposition from another handler. In the first instance, the
second handler shall also be subject to the conditions of 981.66. It
shall be the obligation of any handler authorized to dispose of such
reserve to effect disposition thereof in accordance with all applicable
requirements and conditions. The proceeds of such disposition shall be
retained by the handler making the disposition, except that, in case he
disposes of the reserve of another handler, the proceeds from that
disposition shall be divided between the two handlers on the basis of a
mutual agreement. Such authorization shall expire as of September 1 of
the next crop year, and any reserve then remaining undisposed of by the
handler shall be returned to the Board. If the date of September 1
specified in 981.66(e) is extended, the date of September 1 shall be
extended correspondingly. Any handler who has been authorized to act as
agent of the Board in disposing of his reserve may terminate such agency
as of April 1 of the particular crop year by giving written notice to
the Board to that effect not later than the previous March 20, in which
event such handler shall return to the Board, for disposition by it, all
reserve almonds remaining in his possession. In case a handler does not
terminate his agency as of April 1, he shall be required to continue to
serve as such agent until September 1 of the next crop year. The Board
shall not terminate such an agency prior to September 1 unless the agent
violates the terms and conditions specified by the Board or other
provisions of the order. During the period of such agency the Board, as
principal, shall not dispose of the reserve withheld from handling by
said agent. The Board, with the approval of the Secretary may prescribe
such rules and regulations as are necessary to regulate disposition of
reserve almonds including methods for crediting as reserve any salable
almonds sold and delivered to reserve outlets.
07 CFR 981.67 Records and Reports
07 CFR 981.70 Records and verification.
Each handler shall keep records which will clearly show the details
of his receipts of almonds, withholdings, sales, shipments, inventories,
reserve disposition, advertising and promotion activities, and other
pertinent information in respect to his operations pursuant to the
provisions of this part. Such records shall be retained by the handler
for 2 years after the end of the crop year to which they apply. Each
handler's premises shall be accessible to authorized representatives of
the Board and the Secretary for examination and audit of the aforesaid
records and for inspection and observation of almonds. The Board shall
make such checks of almonds or audits of each handler's records as it
deems appropriate or are requested by the Secretary to insure that
accurate information as required in this part is being furnished by
handlers.
(35 FR 11372, July 16, 1970, as amended at 37 FR 3984, Feb. 25, 1972)
07 CFR 981.71 Record of receipts.
For the purpose of establishing the reserve obligation and furnishing
statistical information to the Board necessary for the conduct of its
operations, each handler, on receiving almonds for his own account,
shall issue to the person from whom so received a receipt therefor. At
least two duplicates thereof shall be made at the time of issuance, one
of which shall be retained by the handler as a part of his records and
the other submitted to the Board as hereinafter provided. Such receipts
shall be serially numbered and shall accurately show for each lot
received, the identity of the handler, the name and address of the
person from whom received, the number of containers in the lot, the
variety, whether shelled or unshelled, and the settlement weight for
each such variety. The character and amount of all adjustments deducted
from the gross weight shall be shown with the gross weight on the
receipt issued by the handler.
Editorial Note: Section 981.71 was indefinitely suspended at 40 FR
4416, Jan. 30, 1975.
07 CFR 981.72 Reports of receipts.
Each handler receiving almonds for his own account shall tabulate
such receipts by varieties and shall submit reports thereof to the Board
in such form and at such intervals as the Board may prescribe for all
receipts issued by him. Such reports shall be accompanied by duplicate
copies of the receipts issued pursuant to the provisions of 981.71 for
all almonds included in such report. The Board, after checking such
reports in such manner as it deems desirable, shall determine in the
manner specified in 981.60 the kernel weight of the almonds so
received.
Editorial Note: The second sentence of 981.72 was indefinitely
suspended at 40 FR 4416, Jan. 30, 1975.
07 CFR 981.73 Periodic reports.
On or before January 15, and April 15, and July 15 of each crop year,
each handler shall file with the Board a written report, certified to
the Board and to the Secretary by such handler as to its completeness
and correctness, showing as of the close of business on December 31,
March 31, and June 30, respectively, such information as may be
prescribed by the Board for use in redetermination of kernel weight and
marketing policy considerations.
07 CFR 981.74 Other reports.
Upon the request of the Board, made with the approval of the
Secretary, every handler shall furnish to the Board in such manner and
at such times as it prescribes (in addition to such other reports as are
specifically provided for in this part) such other information as will
enable the Board to perform its duties and exercise its powers
hereunder.
07 CFR 981.75 Confidential nature of records and reports.
All information contained in handler records made available to the
Board or the Secretary, or in reports to the Board, constituting a trade
secret or disclosing the trade position, financial condition, or
business operations of any handler shall be considered as confidential
information. Such information received by the Board, shall be kept in
the custody and under the control of one or more employees of the Board,
who shall disclose such information to no person except the Secretary.
07 CFR 981.75 Expenses and Assessments
07 CFR 981.80 Expenses.
The Board is authorized to incur such expenses as the Secretary may
find are reasonable and likely to be incurred by it during each crop
year, for the maintenance and functioning of the Board, including the
accumulation and maintenance of an operating reserve fund, and for such
purposes as the Secretary may, pursuant to the provisions of this
subpart, determine to be appropriate. The recommendation of the Board
as to the expenses for each such year, together with all data supporting
such recommendation, shall be submitted to the Secretary on or before
August 1 of the crop year in connection with which such recommendation
is made.
(35 FR 11372, July 16, 1970, as amended at 37 FR, 3984, Feb. 25,
1972)
07 CFR 981.81 Assessment.
(a) Requirement for payment. Each handler shall pay to the Board on
demand by the Board, from time to time, such sum less any amounts
credited pursuant to 981.41, based on such rate per pound of almonds,
kernel weight basis, received by him for his own account (except as to
receipts from other handlers on which assessments have been paid) as the
Secretary finds is necessary to provide funds to meet the authorized
board expenses and the operating reserve requirements, and establishes
for the crop year. Upon redetermination of the kernel weight of almonds
received by handlers for their own account as provided in 981.61, such
redetermined kernel weight for each handler, adjusted for receipts on
which assessments have been paid, shall be the basis upon which he shall
pay assessments. At any time during or after a crop year, the Secretary
may increase the rate of assessments to apply to all such almonds during
such crop year to secure sufficient funds to cover the expenses
authorized by 981.80 or by any later finding by the Secretary relative
to the expenses of the Board, and such additional assessments shall be
paid to the Board by each handler on demand. The payment of assessments
for the maintenance and functioning of the Board may be required under
this part throughout the period it is in effect irrespective of whether
particular provisions thereof are suspended or become inoperative.
(b) Refunds. Any money collected as assessments for either the
administrative (maintenance and functioning) or research activities of
the Board and not used for the expenses of the applicable crop year, may
be used in paying the Board's expenses of the first four months of the
succeeding crop year. No later than the fifth month the amount not
expended from assessments collected for administrative-research in the
previous crop year shall be retained in the operating reserve fund. Any
amounts, not credited pursuant to 981.41 for a crop year may be used by
the Board for its marketing promotion expenses of the succeeding crop
year, and any unexpended portion of those amounts at the end of that
crop year shall be retained in the marketing promotion portion of the
operating reserve fund. Any funds in each portion of the operating
reserve fund in excess of the level authorized pursuant to paragraph (c)
of this section shall be refunded to handlers or used to reduce the
assessment rate of the subsequent crop year, as the Board may determine.
Each handler's share of a refund shall be the amount by which his
payment of assessments exceeds his pro rata share of the two major
classifications of Board expenses. For the purpose of computing any
refund from the marketing promotion portion, each handler's payment of
assessments shall include any amount credited to the handler pursuant to
981.41. In lieu of a refund, each handler may have the amount due him
credited to his assessment obligation of the crop year in which the
amount would be refunded.
(c) Reserves. The Board may maintain an operating reserve fund
consisting of an administrative-research portion and a marketing
promotion portion. The amount in each portion shall not exceed
approximately six-months' budget for the activity area or such lower
amount as the Board may establish with the approval of the Secretary:
Provided, That this limitation shall not restrict the temporary
retention of excess funds for the purpose of stabilizing or reducing the
assessment rate of a crop year. To the extent that funds from current
crop year assessments are inadequate, funds in the operating reserve may
be used for the authorized activities of the crop year. Funds so used,
and not exceeding the six-month limitation, shall be replaced to the
extent practicable from assessments subsequently collected for the crop
year.
(d) Disposition of funds upon termination. Any money collected from
assessments hereunder and remaining unexpended in possession of the
Board upon the termination of this part shall be distributed in such
manner as the Secretary may direct.
(35 FR 11372, July 16, 1970, as amended at 37 FR 3984, Feb. 25, 1972;
41 FR 26854, June 30, 1976)
07 CFR 981.81 Miscellaneous Provisions
07 CFR 981.85 Personal liability.
No member or alternate member of the Board, or any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or any other
person for errors in judgment, mistakes, or other acts either of
commission or omission, as such member, alternate member, agent, or
employee, except for acts of dishonesty.
07 CFR 981.86 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder hereof or the applicability
thereof to any other person, circumstance, or thing shall not be
affected thereby.
07 CFR 981.87 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 981.88 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon its termination except with
respect to acts done under and during its existence.
07 CFR 981.89 Agents.
The Secretary may, by a designation in writing, name any person,
including any officer or employee of the United States Government, or
name any bureau or division of the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this subpart.
07 CFR 981.90 Effective time, suspension, or termination.
(a) Effective time. The provisions of this subpart, as well as any
amendments to this subpart, shall become effective at such time as the
Secretary may declare, and shall continue in force until terminated or
suspended in one of the ways hereinafter specified in this section.
(b) Suspension or termination -- (1) Failure to effectuate policy of
act. The Secretary shall terminate or suspend the operation of any or
all of the provisions of this subpart, whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(2) When favored by growers. The Secretary shall terminate the
provisions of this subpart at the end of any crop year whenever he finds
that such termination is favored by a majority of the growers of almonds
who during the crop year have been engaged in the production for market
of almonds in the State of California: Provided, That such majority
have during such period produced for market more than 50 percent of the
volume of such almonds produced for market within said State; but such
termination shall be effected only if announced on or before June 1 of
the then current crop year.
(3) If enabling legislation is terminated. The provisions of this
subpart shall, in any event, terminate whenever the provisions of the
act authorizing them cease to be in effect.
(c) Proceedings after termination -- (1) Designation of trustees.
Upon the termination of the provisions of this subpart, the members of
the Board then functioning shall continue as joint trustees, for the
purpose of liquidating the affairs of the Board, of all funds and
property then in the possession or under the control of the Board,
including claims for any funds unpaid or property not delivered at the
time of such termination. Action by said trusteeship shall require the
concurrence of a majority of the said trustees.
(2) Duties of trustees. Said trustees shall continue in such
capacity until discharged by the Secretary; shall, from time to time,
account for all receipts and disbursements and deliver all property on
hand, together with all books and records of the Board and the joint
trustees, to such person as the Secretary may direct; and shall, upon
request of the Secretary, execute such assignments or other instruments
necessary or appropriate to vest in such person full title and right to
all of the funds, property, and claims vested in the Board or the joint
trustees pursuant thereto.
(3) Obligations of persons other than board members and trustees.
Any person to whom funds, property, or claims have been transferred or
delivered by the Board or its members, pursuant to this section, shall
be subject to the same obligations imposed upon the members of the said
Board and upon the said joint trustees.
07 CFR 981.91 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendment to either thereof, shall not (a) affect or
waive any right, duty, obligation, or liability which shall have arisen
or which may thereafter arise in connection with any provision of this
subpart or any regulation issued under this subpart, or (b) release or
extinguish any violation of this subpart or of any regulation issued
under this subpart, or (c) affect or impair any rights or remedies of
the Secretary or of any other person, with respect to any such
violation.
07 CFR 981.92 Amendments.
Amendments to this subpart may be proposed, from time to time, by any
person or by the Board.
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .300 through .399) and
''Marketing percentage'' regulations (e.g., sections .200 through .299)
which are in effect for a year or less, will not be carried in the Code
of Federal Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 981.92 Subpart -- Administrative Rules and Regulations
07 CFR 981.401 Adjusted kernel weight.
(a) Definition. Except for Peerless bleaching stock, adjusted kernel
weight shall mean the actual gross weight of any lot of almonds: Less
weight of containers; less moisture of kernels in excess of five
percent; less shells, if applicable; less processing loss of one
percent for deliveries with less than 95 percent kernels; less trash or
other foreign material. The adjusted kernel weight shall be determined
by sampling certified by the inspection agency. The kernel weight of
Peerless bleaching stock shall be 35 percent of the clean bleachable
weight.
(b) Computation. Except for Peerless bleaching stock, the
computation of adjusted kernel weight shall be in the manner shown in
the following examples. The examples are based on the analysis of a
1,000 gram sample taken from a lot of almonds weighing 10,000 pounds
with less than 95 percent kernels, and a 1,000 gram sample taken from a
lot of almonds weighing 10,000 pounds with 95 percent or more kernels.
The first computation example is for the lot with less than 95 percent
kernels containing the following: Edible kernels, 530 grams; inedible
kernels, 120 grams; foreign material, 350 grams, and moisture content
of kernels, seven percent. Excess moisture is two percent. The second
computation example is for the lot with 95 percent or more kernels
containing the following: Edible kernels, 840 grams; inedible kernels,
120 grams; foreign material, 40 grams; and moisture content of
kernels, seven percent. Excess moisture is two percent. The example
computations are as follows:
(45 FR 68630, Oct. 16, 1980)
07 CFR 981.408 Inedible kernel.
Pursuant to 981.8, the definition of inedible kernel is modified to
mean a kernel, piece, or particle of almond kernel with any defect
scored as serious damage, or damage due to mold, gum, shrivel, or brown
spot, as defined in the United States Standards for Shelled Almonds, or
which has embedded dirt or other foreign material not easily removed by
washing.
(49 FR 40788, Oct. 18, 1984, as amended at 50 FR 24175, Jan. 10,
1985)
07 CFR 981.413 Roadside stand exemption.
The term at retail at a roadside stand as used in 981.13 shall be
defined to mean sales for home use and not for resale which are not in
excess of 100 pounds net kernel weight to any one customer per day.
Sales of almonds at certified farmers' markets in compliance with
Section 1392 of the regulations of the California Department of Food and
Agriculture shall be construed as ''roadside'' sales for the purpose of
981.13 where these conditions are met.
(50 FR 30264, July 25, 1985)
07 CFR 981.441 Crediting for marketing promotion including paid
advertising.
(a) In order for a handler to receive credit for his marketing
promotion expenditures, including paid advertising, against his pro rata
expense assessment obligation pursuant to 981.41(c), the Board shall
determine that such expenditures meet the applicable requirements of
this section.
(b) Each paid advertisement must be published, broadcast, or
displayed and other marketing promotion activities must be conducted
during the crop year for which credit is requested, except that a
handler may receive credit up to a maximum of 40 percent of his total
creditable advertising and promotion obligation as of the June 30
redetermination report for expenditures made for advertisements
published, broadcast, or displayed and other marketing promotion
activities conducted no later than December 31 of the subsequent crop
year. A handler utilizing this extension shall: (1) File any required
documentation with the Board no later than the following January 31, and
(2) certify to the Board, at the time of the June 30 redetermination,
his planned expenditures during the extension period.
(c) The following requirements shall apply to crediting for paid
advertising:
(1) Credit granted by the Board for paid advertising shall be that
which is appropriate when compared to the applicable outlet rate
published in the domestic or Canadian catalogs of Standard Rate and Data
Service or station, publisher, or outdoor rate cards. In the case of
claims for credit not covered by any such source, the Board shall grant
the claim if it is consistent with rates for comparable outlets. For
advertisements in markets other than the United States and Canada,
paragraph (c)(4) of this section shall apply.
(2) The clear and evident purpose of each advertisement shall be to
promote the sale, consumption, or use of California almonds, and nothing
therein shall detract from this purpose.
(3) Credit for paid advertising shall be granted:
(i) For 100 percent of a handler's payment to an advertising medium:
(A) For a generic advertisement of California almonds;
(B) For an advertisement of the handler's brand of almonds;
(C) When either of these advertisements includes reference to a
complementary commodity or product;
(D) For a trade media advertisement that displays branded food
products containing almonds, or announces a handler's future promotion
activities, including joint promotions, and the entire expenditure is
borne by the handler;
(E) For in-store supermarket advertisements using fixed position,
video media, or light emitting diode (LED) signs, when such payments are
made through an advertising firm or company which specializes in the
production of LED advertisements and the placement of those
advertisements: (1) Fixed position advertisements must include one or
more of the following: (i) Processed color displays enclosed in plastic
frames and mounted on supermarket shopping carts; (ii) overhead
directories enclosed in frames placed at the end or middle of
supermarket aisles; or (iii) processed color advertisements enclosed in
frames and mounted on a supermarket shelf; (2) Video advertisements
must be shown on a fixed video monitor running television commercials or
infomercials for specific products on a rotating basis; (3) LED
advertisements must be shown on an in-aisle LED screen running specific
product messages on a rotating basis; or
(F) For processed color displays enclosed in frames mounted on
fixtures outside and in front of retail food stores when payments are
made through an advertising firm.
(ii) For an advertisement resulting from joint participation by a
handler and a manufacturer or seller of a complementary commodity or
product, and including the brands of both, the credit shall be 50
percent of the total allowable payment to the advertising medium, or the
handler's payment thereof, whichever is less.
(iii) For an advertisement resulting from joint participation by a
handler and manufacturers or sellers of two complementary commodities or
products, and including the brands of all three, the credit shall be
one-third of the total allowable payment to the advertising medium, or
the handler's payment thereof, whichever is less.
(iv) When almond products, other than almond butter, are advertised,
the credit shall be 50 percent of the total allowable payment to the
advertising medium or 50 percent of the handler's payment thereof,
whichever is less: Provided, That (A) the almond product does not
contain nuts other than almonds, (B) the almond product contains at
least 50 percent raw shelled almonds by weight, and (C) the almond
product displays the handler's brand and: Provided further, That, if
the product is advertised with forms of almonds for which 100 percent
credit is allowed, the advertisement shall receive 100 percent credit
provided it meets the criteria of paragraph (c)(3)(iv) (A), (B), and (C)
of this section. With respect to almond butter advertising, the credit
shall be 100 percent of the total allowable payment to the advertising
medium or 100 percent of the handler's payment thereof, whichever is
less. For the handler to receive credit, the almond butter must meet
the specifications contained in 981.466, and the handler's brand must
be displayed.
(4) Credit for media expenditures in a foreign market shall be
granted:
(i) For handlers' unreimbursed media expenditures for advertising in
any foreign market pursuant to a contract with the Foreign Agricultural
Service, U.S. Department of Agriculture, and/or the California
Department of Food and Agriculture, provided the advertisements meet the
requirements of paragraphs (c) (2) and (3) of this section and the
limitations of paragraphs (c)(5) (i) and (ii) of this section. Such
advertising in foreign markets shall not be creditable unless the
handler certifies on ABC Form 31 that said handler was not and will not
be reimbursed for such advertising by the Foreign Agricultural Service
or the California Department of Food and Agriculture and submits to the
Board copies of all claims for reimbursement filed with the Foreign
Agriculture Service and/or the California Department of Food and
Agriculture.
(ii) For a handler's media expenditures for brand advertising in any
country where California almonds are sold, credit shall be allowed when
claims are substantiated by applicable rate cards. The provisions of
this section applicable to domestic advertising shall also apply to the
crediting of advertising in these markets.
(5) Credit granted a handler shall be subject to other conditions as
follows:
(i) No credit shall be granted to a handler when more than two
complementary branded products are included in an advertisement.
(ii) Advertisements which, in addition to promoting California
almonds, also mention or promote the sale of noncomplementary
commodities or products, or of competing nuts, shall not be eligible for
credit.
(iii) Advertisements which direct consumers to one or more named
retail outlets, other than handler operated, shall not be eligible for
credit.
(6) A handler must file a claim with the Board to obtain credit for
an advertising expenditure. Except as provided in paragraph (b) of this
section, no credit shall be granted unless a preliminary claim is filed
on or before July 15 of the succeeding crop year and a final claim is
filed on or before October 15 of the succeeding crop year. Each
preliminary claim must be filed on an ABC Form 31 (claim for advertising
credit), stating that documentation will be submitted as expeditiously
as possible, but no later than October 15. If this preliminary claim is
not filed on or before July 15, there will be no consideration of the
claim under any circumstances. Each final claim must be submitted on
ABC Form 31 and accompanied by appropriate proof of performance as
follows:
(i) For published advertisements, submit a copy of the publication
invoice, agency invoice, if any, and tear sheet of the advertisement.
(ii) For radio advertisements, submit a copy of the station invoice,
a copy of the script, or reference to a copy on file with the Board, and
the agency invoice, if any.
(iii) For television advertisements, submit a copy of the station
invoice, a copy of the script and tape or story board of the
advertisement, or a reference to these in the Board files, and the
agency invoice, if any.
(iv) For outdoor advertisements, submit a copy of the company
invoice, a photograph of the display or a reference to a photograph in
the Board files, and the agency invoice, if any.
(v) For in-store supermarket advertising and for mounted advertising
enclosed in frames outside and in front of retail food stores, submit a
copy of the company invoice, a copy of the actual advertisement or video
tape, a published rate card from a nationally recognized company, and a
copy of the agency invoice, if any.
(vi) Each claim shall also include a certification to the Secretary
of Agriculture and to the Board that the claim is just and conforms to
requirements set forth in 981.41(c). The Board shall advise the handler
promptly of the extent to which such claim has been allowed.
(d) The following requirements shall apply to crediting for marketing
promotion other than paid advertising:
(1) Credit for marketing promotion expenditures shall be granted:
(i) For the distribution of sample packages containing one-half ounce
or less of almonds to charitable or educational outlets. Such sample
packages shall be packed for the Board under its generic label and sold
to the distributing handlers at the price paid for them by the Board.
Credit shall be based on the price a handler pays the Board for such
packages and upon receipt by the Board of acceptable proof of
distribution. Such sample packages may or may not be personalized with
an individual handler's label. Credit applicable to the distribution of
sample packages shall be subject to the following conditions:
(A) A handler may receive credit for 150 percent of the purchase
price of such packages against the creditable assessment obligation
incurred on the first 4,000,000 redetermined kernel weight pounds
received by him during a crop year.
(B) A handler may receive credit for 100 percent of the purchase
price of such packages against the creditable assessment obligation
incurred on the second 4,000,000 redetermined kernel weight pounds
received by him during a crop year.
(C) No credit shall be granted in excess of the creditable assessment
obligation incurred on 8,000,000 redetermined kernel weight pounds
received by a handler during a crop year.
(D) No credit shall be granted for sample packages distributed to
market segments where almonds are already being sold. Handlers shall
obtain approval from the Board prior to distribution to ensure that this
condition is met.
(E) No credit shall be applicable to the distribution of sample
packages in outlets where they will be used for resale.
(F) Handlers must place written orders for sample packages with the
Board no later than February 1 of any crop year except to the extent
that handlers use the deferment provision found in paragraph (b) of this
section: Provided, That for the 1988-89 crop year, handlers must place
written orders no later than March 15, 1989. Handlers must place
written orders for sample packages with the Board no later than August
15 of any crop year to receive credit for up to 40 percent of their
creditable assessment obligations when using the deferment provision
pursuant to paragraph (b) of this section.
(G) Handlers must file claims with the Board in order to receive
credit for the distribution of sample packages. Except as provided in
paragraph (b) of this section, no credit shall be granted unless a
preliminary claim is filed on or before July 15 of the succeeding crop
year and a final claim is filed on or before October 15 of the
succeeding crop year. Each preliminary claim must be filed on an ABC
Form 31 (claim for advertising credit), stating that proof of
distribution will be submitted as expeditiously as possible, but no
later than October 15. If this preliminary claim is not filed on or
before July 15, there will be no consideration of the claim under any
circumstances. Each final claim must be submitted on ABC Form 31 and
accompanied by appropriate proof of performance. This proof shall
consist of a signed statement from the organization to which sample
packages were distributed, on that organization's letterhead, stating:
(1) The name and address of the handler from whom the packages were
received;
(2) The date of receipt;
(3) The volume of packages received;
(4) How such packages will be used; and
(5) A statement that such packages will not be used for resale.
(ii) For promotion materials available from the Board and sold to
handlers at the price paid for them by the Board. Credit shall be
granted for the amount a handler pays the Board for such materials upon
purchase. Such materials may or may not be personalized with the label
of an individual handler.
(iii) For costs directly related to mail order promotion subject to
the following conditions:
(A) Credit shall only be granted for the following expenditures:
(1) For the purchase of mailing lists to conduct mail order
promotions.
(2) For the cost of envelopes and postage to mail promotional
materials.
(B) Credit for mail order promotion shall be limited to a total of
$25,000 or 25 percent of a handler's creditable assessment per crop
year, whichever is greater.
(C) Handlers must file claims with the Board in order to receive
credit for mail order promotion expenditures. Except as provided in
paragraph (b) of this section, no credit shall be granted unless a
preliminary claim is filed on or before July 15 of the succeeding crop
year and a final claim is filed on or before October 15 of the
succeeding crop year. Each preliminary claim must be filed on an ABC
Form 31 (claim for advertising credit), stating that proof of
performance will be submitted as expeditiously as possible, but no later
than October 15. If this preliminary claim is not filed on or before
July 15, there will be no consideration of the claim under any
circumstances. Each final claim must be submitted on ABC Form 31 and
accompanied by appropriate proofs of performance such as invoices or
postal receipts.
(e) Credit shall be granted for payments made to the Board for use by
the Board for generic marketing promotion including paid advertising
subject to the following conditions:
(1) A handler may receive credit for 150 percent of a payment made to
the Board against the creditable assessment obligation.
(2) When a handler elects to use this method of crediting for all or
a portion of such handler's assessment obligation, the handler may use
the extension provided for pursuant to paragraph (b) of this section for
the handler's deferred advertising and promotion obligation.
(3) Handlers must file claims with the Board on ABC Form 31 in order
to receive credit for payments made to the Board. No credit shall be
granted unless a claim is filed on or before January 31 of the then
current crop year: Provided, That for the 1988-89 crop year for claims
not previously filed on or before January 31, 1989, a claim or
supplementary claim must be filed with the Board on ABC Form 31 on or
before March 31, 1989. Payments must be made as follows: One-fourth of
total claim on or before January 31; one-fourth on or before March 31;
one-fourth on or before May 31; and one-fourth on or before June 30 of
the then current crop year: Provided, That for the 1988-89 crop year,
payments not previously made on or before January 31, 1989, must be made
as follows: One-third on or before March 31, 1989; one-third on or
before May 31, 1989; and one-third on or before June 30, 1989. If the
entire amount of the claim is not paid by June 30, or if a handler fails
to meet any payment deadline of this paragraph, credit for payment shall
revert to the 100 percent basis.
(47 FR 40784, Sept. 16, 1982, as amended at 48 FR 11250, Mar. 17,
1983; 49 FR 19798, May 10, 1984; 50 FR 16452, Apr. 26, 1985; 52 FR
13428, Apr. 23, 1987; 52 FR 37926, Oct. 13, 1987; 52 FR 45611, Dec.
1, 1987; 54 FR 5409, Feb. 3, 1989; 54 FR 6866, Feb. 15, 1989; 55 FR
130, Jan. 3, 1990; 55 FR 30194, July 25, 1990; 55 FR 41826, Oct. 16,
1990)
07 CFR 981.442 Quality control.
(a) Incoming. Pursuant to 981.42(a), the quantity of inedible
kernels in each variety of almonds received by a handler, including
almonds of his own production, shall be determined and disposed of in
accordance with the provisions of this paragraph.
(1) Sampling. Each handler shall meet its disposition obligation by
delivering packer pickouts, kernels rejected in blanching, pieces of
kernels, meal accumulated in manufacturing, or other material, to
crushers, feed manufacturers, feeders, or dealers in nut wastes, on
record with the Board as Accepted Users. In the case of a handler
having an annual total obligation of less than 1,000 pounds, delivery
may be to the Board in lieu of an accepted user, in which the case the
Board would certify the disposition lot and report the results to the
USDA. For dispositions by handlers with the mechanical sampling
equipment, samples may be drawn by the handler in a manner acceptable to
the Board and the inspection agency. For all other dispositions samples
shall be drawn by or under the supervision of the inspection agency.
(2) Variety. For the purpose of classifying receipts by variety to
determine a handler's disposition obligation, ''variety'' shall mean
that variety of almonds which constitutes at least 90 percent of a lot.
If no variety constitutes at least 90 percent of the almonds in a lot,
the lot shall be designated as ''mixed''. If the variety which
constitutes at least 90 percent of the almonds in the lot is unknown,
the lot shall be designated ''unknown''.
(3) Analysis of sample. Each sample shall be analyzed by or under
the surveillance of the inspection agency to determine the kernel
content and the proportion of inedible kernels in the sample. The
inspection agency shall prepare a report for each handler showing, by
variety, the total adjusted kernel weight received by handler, the
inedible kernel weight and any other information as the Board may
prescribe. The report shall cover the handler's daily receipt or the
handler's total receipts during a period not exceeding one month, and
shall be submitted by the inspection agency to the Board and the
handler.
(4) Disposition obligation. The weight of inedible kernels in excess
of 0 percent of kernel weight reported to the Board of any variety
received by a handler shall constitute that handler's disposition
obligation. If a variety other than Peerless is used as bleaching
stock, the weight so used may be reported to the Board and the
disposition obligation for that variety reduced proportionately.
(5) Meeting the disposition obligation. Each handler shall meet its
disposition obligation by delivering packer pickouts, kernels rejected
in blanching, pieces of kernels, meal accumulated in manufacturing, or
other material, to crushers, feed manufacturers, feeders, or dealers in
nut wastes on record with the Board as accepted users. Handlers shall
notify the Board at least 72 hours prior to delivery: Provided, That
the Board or its employees may lessen this notification time whenever it
determines that the 72 hour requirement is impracticable. The Board may
supervise deliveries at its option. In the case of a handler having an
annual total obligation of less than 1,000 pounds, delivery may be to
the Board in lieu of an accepted user, in which case the Board would
certify the disposition lot and report the results to the USDA. For
dispositions by handlers with mechanical sampling equipment, samples may
be drawn by the handler in a manner acceptable to the Board and the
inspection agency. For all other dispositions, samples shall be drawn
by or under the supervision of the inspection agency. Upon approval by
the Board and the inspection agency, sampling may be accomplished at the
accepted user's destination. The almond meat content of each delivery
shall be determined by the inspection agency and reported by the
inspection agency to the Board and the handler and credited to the
handlers's disposition obligation on ABC Form 8. Deliveries containing
less than 10 percent almond meat content shall not be credited against
the disposition obligation. Each handler's disposition obligation shall
be satisfied when the almond meat content of the material delivered to
accepted users equals the disposition obligation, but no later than
August 31 succeeding the crop year in which the obligation was incurred.
(6) Inedible almonds unfit for processing. All lots received from
growers as ''inedible almonds unfit for processing,'' shall be exempt
from the requirements of paragraphs (a) (1) and (3) of this section, but
shall be disposed of in their entirety (other than as pickouts), as
provided in paragraph (a)(5) of this section. Disposition of these lots
shall not be credited toward the disposition obligation of paragraph
(a)(4) of this section. If a grower sells or ships inedible almonds to
a person other than a handler, the grower thereby becomes a handler and
subject to all the requirements of this paragraph.
(7) Accepted Users. An accepted user's eligibility shall be subject
to the following criteria:
(i) Completion of an application with the Board for accepted user
status;
(ii) Submission of a business data sheet to the Board; and
(iii) The accurate and prompt submission of ABC Form 8 Part B to the
Board for each lot of almonds received, supported by a public
weighmaster weight certificate issued at the request of the accepted
user at the time of receipt.
The eligibility of accepted users shall be reviewed annually by the
Board. Handlers will not receive credit towards their disposition
obligations pursuant to paragraph (a)(4) of this section for lots where
the difference between the weight of the lot reported by the inspection
agency on ABC Form 8 and the weight of the lot reported on the public
weighmaster weight certificate exceeds 2.0 percent.
(42 FR 3160, Jan. 17, 1977, as amended at 43 FR 47969, Oct. 18, 1978;
44 FR 30075, May 24, 1979; 44 FR 67077, Nov. 23, 1979; 49 FR 40788,
Oct. 18, 1984; 50 FR 47708, Nov. 20, 1985; 51 FR 36383, Oct. 10,
1986; 52 FR 45608, Dec. 1, 1987; 53 FR 26424, July 13, 1988; 56 FR
65420, Dec. 17, 1991)
Effective Date Note: At 56 FR 65420, Dec. 17, 1991, 981.42 was
amended by revising the last sentence in paragraph (a)(5), effective
January 16, 1992. For the convenience of the user the superseded text
appears as follows.
981.442 Quality control.
(a) * * *
(5) * * * Each handler's disposition obligation shall be satisfied
when the almond meat content of the material delivered to accepted users
equals the disposition obligation, but no later than July 31 succeeding
the crop year in which the obligation was incurred: Provided, That for
1990-91 almond crop year almonds, handlers have until August 31, 1991,
to satisfy their inedible disposition obligations.
07 CFR 981.450 Exempt dispositions.
As provided in 981.50 any handler disposing of almonds for crushing
into oil, or for poultry or animal feed, may have the kernel weight of
these almonds excluded from his receipts, and exempt from program
obligations so long as the handler qualifies as, or delivers such
almonds to, a crusher, a feeder, or dealer in nut waste; the crusher,
feeder, or dealer are acceptable to the Board; each delivery is made
directly to the crusher, feeder, or dealer, by June 30 of the crop year;
and each delivery is certified to the Board by the handler on ABC Form
8.
(42 FR 19322, Apr. 13, 1977)
07 CFR 981.455 Interhandler transfers.
(a) Transfers of almonds. Interhandler transfers of almonds pursuant
to 981.55 shall be reported to the Board on ABC Form 7. The report
shall contain the following information: (1) Date of transfer; (2) the
names, and plant locations of both the transferring and receiving
handlers; (3) the variety of almonds transferred; (4) whether the
almonds are shelled or unshelled; and (5) the name of the handler
assuming reserve and assessment obligations on the almonds transferred.
ABC Form 7 shall be signed by the transferring handler and by the
receiving handler if the latter is assuming the obligation(s).
(b) Transfers of reserve credits. A handler may transfer reserve
credits to another handler after having filed with the Board, in
accordance with 981.474, a completed ABC Form 13/14 covering the
almonds to be diverted to a noncompetitive outlet and all the
documentation applicable thereto. Such a transfer does not relieve the
transferring handler of any reserve obligations for the applicable crop
year. The transferred credit shall not exceed the quantity needed by
the receiving handler to cover that handler's reserve obligation. The
Board shall complete the transfer upon receipt of an ABC Form 11
executed by both handlers. No transfer of reserve credits shall be made
to satisfy a handler's inedible disposition obligation incurred pursuant
to 981.42(a).
(c) Transfer of inedible obligation may be made, with the approval of
the Board, only when the inedible kernels are physically transferred
with the entire lot of almonds. The transfer of the lot shall be
reported on ABC Form 9, showing date of transfer and, for the
transferring handler, the (1) original inspection certificate number,
(2) total weight shown on the certificate, and (3) weight of inedible
kernels shown on the certificate. For the receiving handler, ABC Form 9
shall show the (1) new inspection certificate number, (2) total weight
shown on the certificate, and (3) weight of inedible kernels shown on
the certificate. ABC Form 9 shall be signed by both, the transferring
handler and the receiving handler, and submitted by the receiving
handler to the Board for approval.
(42 FR 19322, Apr. 13, 1977, as amended at 44 FR 30076, May 24, 1979;
56 FR 19794, Apr. 30, 1991)
07 CFR 981.466 Almond butter.
Almond butter as used in 981.66(c) is hereby defined as a comminuted
food product prepared by grinding shelled or blanched almonds into a
homogeneous plastic or semiplastic mass or liquid having very few
particles larger than 1/16 inch in any dimension. To produce chunky
style almond butter, almond chunks or pieces may be added up to a
maximum of 25 percent by weight of the finished product. The size of
the almond pieces used to make chunky style almond butter may not exceed
5/16 inch in any dimension.
(48 FR 11250, Mar. 17, 1983)
07 CFR 981.467 Disposition in reserve outlets by handlers.
(a) Agents of Board. Beginning with July 1 of any crop year, a
handler may become an agent of the Board pursuant to 981.67 for the
purpose of disposing of reserve almonds of such crop year, in the
authorized outlets. The agency shall be established upon a handler
executing a reserve agreement (ABC Form 12) ABC, applicable to export or
diversion, or both, containing terms and conditions specified by the
Board.
(b) Reserve credit. Credit in satisfaction of a reserve obligation
shall not exceed the accrued reserve obligation derived by applying the
reserve percentage to the quanity of almonds received by a handler for
his own account during the crop year. Disposition by an agent of the
Board in eligible reserve outlets within a crop year in excess of his
reserve obligation shall be held to be a disposition of salable almonds.
Whenever such disposition has been inspected and certified, if
required, and has complied with the terms, conditions, and documentation
applicable to disposition of reserve almonds as determined by the Board,
the disposition may be credited against any reserve obligation
subsequently incurred by the handler during that crop year, or the
disposition may be credited pursuant to 981.455(b) against the reserve
obligation of another handler.
(c) Minimum prices. Minimum prices shall apply to 1990-91 crop year
reserve almonds diverted to almond butter, natural almond paste, foil
packets for sales to airlines, and sales to government agencies,
including federal and state school lunch programs. Prices are F.O.B.
handlers plant. The prices may contain a maximum of two percent
brokerage commission. No cash discounts are allowed. The prices are as
follows for various grades or categories of almonds:
(d) For the 1990-91 crop year only, any reserve almonds remaining
unsold as of December 31, 1991, shall be disposed of by the Board as
soon as practicable through the most readily available reserve
outlets.''
(42 FR 19322, Apr. 13, 1977, as amended at 56 FR 10508, Mar. 13,
1991; 56 FR 51150, Oct. 10, 1991)
07 CFR 981.472 Report of almonds received.
(a) Each handler shall report to the Board on ABC Form 1 the total
adjusted kernel weight of almonds, by varieties, received by it for its
own account within any of the hereinafter prescribed reporting periods.
Each such report shall be filed with the Board within five (5) business
days after the close of the applicable one of the following reporting
periods: July 1 to August 31; September 1 to September 15; September
16 to September 30; October 1 to October 15; October 16 to October 31;
November 1 to November 15; November 16 to November 30; December 1 to
December 31; January 1 to March 31; April 1 to June 30.
(b) For the reporting periods July 1 through December 31, and January
1 through March 31, each handler shall submit a summary report to the
Board, within 30 days after the end of the reporting period, which shall
show the adjusted kernel weight of almonds received for the handler's
own account by county of production and such varieties as may be
requested by the Board.
(44 FR 30076, May 24, 1979)
07 CFR 981.473 Redetermination reports.
Each handler shall furnish for use by the Board in redetermination of
the kernel weight of almonds received for his own account and for
marketing policy considerations, the information listed and described in
this section. Such information shall be reported within the applicable
times specified in 981.73 on forms provided by the Board.
(a) Handler carryover. A report of the weight of all almonds,
whether unshelled or shelled, wherever located, held by the handler for
his own account, whether or not sold.
(b) Reserve. A report of all reserve almonds, net weight, which have
been disposed of in the manner provided in 981.66 and 981.67.
(c) Delivered sales. A report of salable almonds sold and delivered,
showing the weight, and whether unshelled or shelled, except those
disposed of pursuant to the requirements for reserve disposition, or
used in almond products.
(d) Almond products. A report of all almonds used by the handler in
the manufacture of any almond product as defined in 981.15.
(e) Transfers. A report of almonds transferred to another handler
showing the weight of each lot transferred, whether unshelled or
shelled.
(f) Exempt outlet deliveries. A report showing the quantity of
almonds delivered by a handler to Board accepted crushers, feed
manufaturers, or feeders, and -- for the purpose of establishing the
assessment obligation -- the quantity of almonds the handler must
deliver to the Board approved outlets to meet his disposition obligation
pursuant to 981.42(a).
(42 FR 19322, Apr. 13, 1977, as amended at 42 FR 56488, Oct. 26,
1977)
07 CFR 981.474 Other reports.
(a) Report of shipments and commitments. Each handler shall report
on ABC Form 25 the following: (1) All shipments of almonds, inshell and
shelled and by classification (domestic, and export by countries of
destination); and (2) all commitments (almonds not shipped, but sold or
otherwise obligated) whether domestic contract, export contract, or
non-contract. If the destination of any export is unknown to the
handler, he shall have the broker/exporter furnish this information to
the Board. In support of this report, the handler shall keep invoices
on the shipments, or such other documentation as may be acceptable to
the Board. The reports shall be filed with the Board within five
business days after the close of each month of the crop year.
(b) Report of export sales. At the time of each export sale, each
handler shall report it to the Board on ABC Form 18 and upon delivery
into export shall report this on ABC Form 19. If any export is not made
directly by the handler, he shall send the ABC Form 19 to the
broker/exporter and request him to make the report to the Board. These
forms shall include the number and type of container, net weight,
variety and whether inshell or shelled, time of export and destination.
In years of minimum export prices applicable to reserve almonds, ABC
Form 19 shall include the grade and size, the inspection certificate
number, the price, and any terms defining the price. Whenever expert
shipments are included with domestic shipments in the estimated trade
demand for a crop year, this paragraph shall not apply.
(c) Custom processing report. Handlers shall submit to the Board, by
the 15th of each month, a report of all persons or firms, including
growers, for whom they have custom processed almonds which have not been
reported in the handler's report of almonds received, ABC Form 1. The
report shall list the name, address, number of pounds processed and
returned to owner, date(s) on which the processing was accomplished, and
the date(s) on which almonds were returned to the owner . THe Board may
exempt reporting on small quantities of custom processed almonds if it
determines that the exemption is consistent with other order requiremens
and will not intefere with its compliance activities.
(d) Reserve reports. In any crop year when reserve almonds are
diverted to noncompetitive outlets, such handler shall report such
handler's intentions to divert on ABC Form 13 and the completion of
diversion on ABC Form 14. Upon notice to all handlers, the Board may
waive the requirements to file ABC Form 13 for diversion of almonds to
noncompetitive outlets which are acceptable to the Board.
(e) Handler information reports. Each handler shall file no later
than September 1 of each year ABC Form 42, a Handler Information Sheet,
listing the handler's name, address, phone number, ownership or
corporate information and acknowledging receipt of marketing order
program information.
(50 FR 47709, Nov. 20, 1985, as amended at 51 FR 9763, Mar. 21, 1986;
54 FR 5409, Feb. 3, 1989)
07 CFR 981.474 Pt. 982
07 CFR 981.474 PART 982 -- FILBERTS/HAZELNUTS GROWN IN OREGON AND WASHINGTON
07 CFR 981.474 Subpart -- Order Regulating Handling
Sec.
982.1 Secretary.
982.2 Act.
982.3 Person.
982.4 Filberts.
982.5 Area of production.
982.6 Grower.
982.7 To handle.
982.8 Handler.
982.11 Pack.
982.12 Merchantable filberts.
982.13 Substandard filberts.
982.14 Restricted filberts.
982.15 Inshell handler carryover.
982.16 Inshell trade acquisitions.
982.17 Marketing year.
982.18 Board.
982.19 Disappearance.
982.20 Part and subpart.
982.30 Establishment and membership.
982.31 Grower districts.
982.32 Initial members and nomination of successor members.
982.33 Selection and term of office.
982.34 Qualification.
982.35 Vacancy.
982.36 Alternates.
982.37 Procedure.
982.38 Powers.
982.39 Duties.
982.40 Marketing policy and volume regulation.
982.41 Free and restricted percentages.
982.45 Establishment of grade and size regulations.
982.46 Inspection and certification.
982.50 Restricted obligation.
982.51 Restricted credit for ungraded inshell filberts and for
shelled filberts.
982.52 Disposition of restricted filberts.
982.53 Substandard filberts.
982.54 Deferment of restricted obligation.
982.55 Exchange of certified merchantable filberts withheld.
982.56 Interhandler transfers.
982.57 Exemptions.
982.58 Research, promotion, and market development.
982.60 Expenses.
982.61 Assessments.
982.62 Accounting.
982.64 Creditable promotion and advertising reports.
982.65 Carryover reports.
982.66 Shipment reports.
982.67 Reports of disposition of restricted filberts.
982.68 Other reports.
982.69 Verification of reports.
982.70 Confidential information.
982.71 Records.
982.80 Right of the Secretary.
982.81 Personal liability.
982.82 Separability.
982.83 Derogation.
982.84 Duration of immunities.
982.85 Agents.
982.86 Effective time, termination or suspension.
982.87 Effect of termination or amendment.
982.88 Amendments.
07 CFR 981.474 Subpart -- Grade and Size Regulation
982.101 Grade requirements for shelled filberts.
07 CFR 981.474 Subpart -- Administrative Rules and Regulations
982.432 (Reserved)
982.446 Inspection documentation.
982.450 Application of restricted obligation.
982.452 Disposition of restricted filberts/hazelnuts.
982.453 Disposition of substandard filberts/hazelnuts.
982.454 Sureties acceptable to the Board.
982.455 Exchange of certified merchantable filberts/hazelnuts
withheld.
982.456 Interhandler transfers.
982.457 (Reserved)
982.460 Transfer of excess restricted credits.
982.461 Late payment and interest charges.
982.466 Reports of inshell filberts/hazelnuts handled, shelled and
withheld.
982.468 Report of filbert/hazelnut receipts, disposition, and
inventory.
982.471 Records.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 981.474 Subpart -- Order Regulating Handling
Source: 24 FR 6185, Aug. 1, 1959, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
07 CFR 981.474 Definitions
07 CFR 982.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer or employee of the United States Department of
Agriculture who is, or who may be, authorized to perform the duties of
the Secretary of Agriculture of the United States.
07 CFR 982.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601 et seq.; 48 Stat. 31, as amended).
07 CFR 982.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 982.4 Filberts.
Filberts means filberts or hazelnuts produced in the States of Oregon
and Washington from trees of the genus Corylus.
07 CFR 982.5 Area of production.
Area of production means the States of Oregon and Washington.
07 CFR 982.6 Grower.
Grower is synonymous with producer and means any person engaged, in a
proprietary capacity, in the commercial production of filberts.
07 CFR 982.7 To handle.
To handle means to sell, consign, transport or ship (except as a
common carrier of filberts owned by another person), or in any other way
to put filberts, inshell or shelled, into the channels of trade either
within the area of production or from such area to points outside
thereof: Provided, That sales or deliveries by growers to handlers
within the area of production or authorized disposition of restricted
filberts and substandard filberts shall not be considered as handling.
07 CFR 982.8 Handler.
Handler means any person who handles filberts.
07 CFR 982.11 Pack.
Pack means a specific commercial classification according to size,
internal quality, and external appearance and condition of filberts
packed in accordance with any of the pack specifications prescribed
pursuant to 982.45.
07 CFR 982.12 Merchantable filberts.
Merchantable filberts means inshell filberts that meet the grade and
size regulations in effect pursuant to 982.45 and are likely to be
available for handling as inshell filberts.
07 CFR 982.13 Substandard filberts.
Substandard filberts means filberts, inshell or shelled, that do not
meet the minimum standards effective pursuant to 982.45.
07 CFR 982.14 Restricted filberts.
Restricted filberts means inshell filberts withheld in satisfaction
of a restricted obligation.
07 CFR 982.15 Inshell handler carryover.
Inshell handler carryover as of any given date means all inshell
filberts (except restricted filberts) wherever located then held by
handlers or for their accounts, whether or not sold, including certified
merchantable filberts and the estimated merchantable content of those
uncertified filberts then held by handlers which are intended for
handling as inshell filberts.
07 CFR 982.16 Inshell trade acquisitions.
Inshell trade acquisitions means the quantity of inshell filberts
acquired by the trade from all handlers during a marketing year for
distribution in the continental United States.
(51 FR 29546, Aug. 19, 1986)
07 CFR 982.17 Marketing year.
Marketing year means the 12 months from July 1 to the following June
30, both inclusive, or such other period of time as may be recommended
by the Board and established by the Secretary.
(51 FR 29546, Aug. 19, 1986)
07 CFR 982.18 Board.
Board means the Filbert/Hazelnut Marketing Board established pursuant
to 982.30.
(46 FR 26038, May 11, 1981)
07 CFR 982.19 Disappearance.
Disappearance means the difference between orchard-run production and
the available supply of merchantable filberts and merchantable
equivalent of shelled filberts.
(46 FR 26038, May 11, 1981)
07 CFR 982.20 Part and subpart.
Part means the order, as amended, regulating the handling of filberts
grown in Oregon and Washington, and all rules, regulations, and
supplementary orders issued thereunder. This order, as amended,
regulating the handling of filberts grown in Oregon and Washington shall
be a subpart of such part.
(24 FR 6185, Aug. 1, 1959. Redesignated at 26 FR 12751, Dec. 30, 1961
and 46 FR 26038, May 11, 1981)
07 CFR 982.20 Filbert Control Board
07 CFR 982.30 Establishment and membership.
(a) There is hereby established a Filbert/Hazelnut Marketing Board
consisting of 10 members, each of whom shall have an alternate member,
to administer the terms and provisions of this part. Each member and
alternate shall meet the same eligibility qualifications. The 10 member
positions shall be allocated as follows:
(b) Four of the members shall represent handlers, as follows:
(1) One member shall be nominated by the handler who handled the
largest volume of filberts during the marketing year preceding the
marketing year in which nominations are made;
(2) One member shall be nominated by the handler who handled the
second largest volume of filberts during the marketing year preceding
the marketing year in which nominations are made;
(3) One member shall be nominated by the handler who handled the
third largest volume of filberts during the marketing year preceding the
marketing year in which nominations are made;
(4) The fourth handler member shall be nominated by and represent all
other handlers.
(c) Five members shall represent growers and shall be nominated for
the districts designated in or established pursuant to 982.31. One
grower member shall represent each of the five grower districts unless
changes are made pursuant to 982.31(b).
(d) One member shall be a public member who is neither a grower nor a
handler.
(e) The Secretary, or the Board with the approval of the Secretary,
may revise the handler representation on the Board if the Board ceases
to be representative of the industry.
(51 FR 29546, Aug. 19, 1986)
07 CFR 982.31 Grower districts.
(a) For the purpose of nominating grower members and alternate
members, the following districts within the production area are hereby
established:
(1) District 1 -- The State of Washington, and Clackamas and
Multnomah Counties in Oregon.
(2) District 2 -- Marion and Polk Counties in Oregon.
(3) District 3 -- Linn, Lane, and Benton Counties in Oregon.
(4) District 4 -- Yamhill County in Oregon.
(5) District 5 -- All other Oregon counties within the production
area.
(b) The Secretary, upon the recommendation of the Board, may
reestablish districts within the production area and may reapportion
grower membership among the various districts: Provided, That in
recommending any such changes, the Board shall give consideration to (1)
the relative importance of production in each district and the number of
growers in each district; (2) the geographic location of districts as
they would affect the efficiency of administering this part; and (3)
other relevant factors.
(51 FR 29547, Aug. 19, 1986)
07 CFR 982.32 Initial members and nomination of successor members.
(a) Members and alternate members of the Board serving immediately
prior to the effective date of this amended subpart, shall serve on the
Board as initial members of the Board until their respective successors
have been selected.
(b) Nominations for successor handler members and alternate members
specified in 982.30(b) (1) through (3) shall be made by the largest,
second largest, and third largest handler determined according to the
tonnage of certified merchantable filberts and, when shelled filbert
grade and size regulations are in effect, the inshell equivalent of
certified shelled filberts (computed to the nearest whole ton) recorded
by the Board as handled by each such handler during the marketing year
preceding the marketing year in which nominations are made.
(c) Nominations for successor handler member and alternate member
positions specified in 982.30(b)(4) shall be made by the handlers in
that category by mail ballot. All votes cast shall be weighted
according to the tonnage of certified merchantable filberts and, when
shelled filbert grade and size regulations are in effect, the inshell
equivalent of certified shelled filberts (computed to the nearest whole
ton) recorded by the Board as handled by each handler during the
marketing year preceding the marketing year in which nominations are
made. If less than one percent is recorded for any such handler, the
vote shall be weighted as one ton. The person receiving the highest
number of weighted votes shall be the member nominee, and the person
receiving the second highest shall be the alternate member nominee.
(d) For the purposes of nominating and voting for handler members and
alternates, the tonnage of filberts shall be credited to the handler
responsible under the order for the payment of assessments of those
filberts.
(e) Nominees to successor grower member and alternate member
positions shall be submitted to the Secretary after the Board conducts
balloting of growers, or officers or employees of growers, in the grower
districts according to the following procedure: Names of the candidates
to be shown on the ballot for a particular district may be submitted to
the Board on petitions signed by not less than 10 growers on record with
the Board as growers being in that district; each grower may sign only
as many petitions as there are persons to be nominated within that
district. If such petitions fail to result in submission of at least
two names for a district, the Board shall request County Agricultural
Extension Agents in that district to recommend one or more eligible
growers to be included on the ballot. Ballots, accompanied by the names
of all such candidates, with spaces to indicate voters' choices and
spaces for write-in candidates, together with voting instructions, shall
be mailed to all growers who are on record with the Board. The person
receiving the highest number of votes shall be the member nominee for
that district, and the person receiving the second highest number of
votes shall be the alternate member. The Board shall recommend one
candidate in case of a tie vote.
(f) Nominations received in the foregoing manner by the Board for all
handler and grower member and alternate member positions shall be
certified and sent to the Secretary at least 60 days prior to the
beginning of each marketing year, together with all necessary data and
other information deemed by the Board to be pertinent or requested by
the Secretary. If nominations are not made within the time and manner
specified in this subpart, the Secretary may, without regard to
nominations, select the Board members and alternates on the basis of the
representation provided for in this subpart.
(g) The members of the Board shall nominate the public member and
alternate public member at the first meeting following the selection of
members for a new term of office.
(h) The Board with the approval of the Secretary shall issue rules
and regulations necessary to carry out the provisions of this section or
to change the procedures in this section in the event they are no longer
practical.
(51 FR 29547, Aug. 19, 1986)
07 CFR 982.33 Selection and term of office.
(a) Selection. Members and their respective alternates shall be
selected by the Secretary from nominees submitted by the Board or from
among other qualified persons.
(b) Term of office. Beginning July 1, 1986, the term of office of
Board members and their alternates shall be for a period of one
marketing year, but they shall serve until their respective successors
are selected and have qualified: Provided, That beginning with the
1986-87 marketing year, no member shall serve more than six consecutive
terms as member and no alternate member shall serve more than six
consecutive terms as alternate.
(c) The members on the Board shall continue to serve until the new
members and alternates have been selected and have qualified.
(51 FR 29547, Aug. 19, 1986)
07 CFR 982.34 Qualification.
(a) Any person prior to selection as a member or an alternate member
of the Board shall qualify by filing with the Secretary a written
acceptance of willingness to serve on the Board.
(b) Each grower member and alternate shall be, at the time of
selection and during the term of office, a grower or an officer,
employee, or agent of a grower in the district for which nominated.
(c) Each handler member and alternate shall be, at the time of
selection and during the term of office, a handler or an officer,
employee, or agent of a handler.
(d) Any member or alternate member who at the time of selection was a
member (or employed by or an agent of a member) of the group which
nominated that person shall, upon ceasing to be such, become
disqualified to serve further and that position shall be deemed vacant.
In the event any grower member or alternate member of the Board handles
filberts produced by other growers or becomes an employee or agent of a
handler, that person shall be disqualified to continue to serve on the
Board in that capacity.
(e) No person nominated to serve as a public member or alternate
member shall have a financial interest in any filbert growing or
handling operation.
(f) The Board, with the approval of the Secretary, may issue rules
and regulations covering matters of qualifications for members or
alternate members.
(51 FR 29547, Aug. 19, 1986)
07 CFR 982.35 Vacancy.
To fill any vacancy occasioned by the death, removal, resignation, or
disqualification of any member or alternate of the Board, a successor
for his unexpired term shall be nominated and selected in the manner
provided in 982.32 and 982.33, so far as applicable, unless selection
is deemed unnecessary by the Secretary.
07 CFR 982.36 Alternates.
An alternate for a member of the Board shall act in the place of the
member during such member's absence or, upon the member's death,
removal, resignation, or disqualification, until a successor for that
member's term has been selected and has qualified.
(51 FR 29548, Aug. 19, 1986)
07 CFR 982.37 Procedure.
(a) Seven members of the Board shall constitute a quorum at an
assembled meeting of the Board, and any action of the Board shall
require the concurring vote of at least six members. At any assembled
meeting, all votes shall be cast in person.
(b) The Board may vote by mail, telephone, telegraph, or other means
of communication: Provided, That any votes (except mail votes) so cast
shall be confirmed in writing. When any proposition is submitted for
voting by any such method, its adoption shall require 10 concurring
votes.
(c) The members of the Board and their alternates shall serve without
compensation, but members and alternates acting as members shall be
allowed their necessary expenses: Provided, That the Board may request
the attendance of one or more alternates not acting as members at any
meeting of the Board, and such alternates may be allowed their necessary
expenses.
(26 FR 6185, Aug. 1, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 51 FR 29548, Aug. 19, 1986)
07 CFR 982.38 Powers.
The Board shall have the following powers:
(a) To administer the provisions of this subpart in accordance with
its terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violations of this subpart;
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 982.39 Duties.
The Board shall have among others the following duties:
(a) To select from among its members such officers and adopt rules or
bylaws for the conduct of its meetings as it deems advisable;
(b) To act as intermediary between the Secretary and any handler or
grower;
(c) To keep minute books and records which will clearly reflect all
of its acts and transactions, and such books and records shall be
available for examination by the Secretary at any time;
(d) To furnish to the Secretary such available information as he may
request;
(e) To appoint such employees as it deems necessary and determine the
salaries, define the duties and fix the bonds of such employees;
(f) To cause the books of the Board to be audited by one or more
public accountants approved by the Board at least once for each
marketing year and at such other times as the Board deems necessary or
as the Secretary may request, and to file with the Secretary reports of
all audits made;
(g) To investigate the growing, shipping and marketing conditions
with respect to filberts, and assemble data in connection therewith;
(h) To give the Secretary the same notice of the meetings of the
Board as is given to its members; and
(i) To furnish to the Secretary a verbatim report of the proceedings
of each meeting of the Board held for the purpose of making marketing
policy recommendations.
(24 FR 6185, Aug. 1, 1959, as amended at 46 FR 26039, May 11, 1981)
07 CFR 982.39 Marketing Policy
07 CFR 982.40 Marketing policy and volume regulation.
(a) General. As provided in this section, prior to September 20 of
each marketing year, the Board may hold meetings for the purpose of
computing its marketing policy for that year and shall do so for the
purpose of submitting any recommendations on its policy to the
Secretary. The Board may designate one of its employees to compute and
announce the preliminary computed free and restricted percentages.
(b) Inshell trade demand. If the Board determines that volume
regulation would tend to effectuate the declared policy of the act, it
shall compute and announce an inshell trade demand for that year prior
to September 20. The inshell trade demand shall equal the average of
the preceding three years' trade acquisitions of inshell filberts:
Provided, That the Board may increase such average by no more than 25
percent if market conditions justify such an increase. If the trade
acquisitions during any or all of these years were abnormal because of
crop or marketing conditions, the Board may use a prior year or years in
determining the three-year average.
(c) Inshell allocation -- (1) Preliminary computed percentages.
Prior to September 20 of a marketing year, the Board shall compute and
announce preliminary computed free and restricted percentages for that
year, to release 80 percent of the inshell trade demand for that year.
The preliminary computed free percentage shall be computed by
multiplying that trade demand, adjusted by the declared carryin, by 80
percent, and by dividing that amount by the Board's estimate of
orchard-run production less the average disappearance during the
preceding three years, plus the undeclared carryin. The difference
between 100 percent and the preliminary free percentage shall be the
preliminary computed restricted percentage. At the same time, the Board
may announce the portion of the restricted supply that may be shelled or
exported, and the remainder of that supply to be disposed of in outlets
approved by the Board pursuant to 982.52.
(2) Interim final and final percentages. On or before November 15,
the Board shall meet to recommend to the Secretary the interim final and
final free and restricted percentages, including the portion of the
restricted supply that may be shelled or exported. The interim final
percentages shall release 100 percent of the inshell trade demand
previously computed by the Board for the marketing year. The final free
and restricted percentages shall release an additional 15 percent of the
average of the preceding three years' trade acquisitions of inshell
filberts for desirable carryout. If the trade acquisitions during any
or all of these years were abnormal, the Board may use a prior year or
years in determining this three-year average. The final free and
restricted percentages shall become effective 30 days prior to the end
of the marketing year, or earlier as may be recommended by the Board and
approved by the Secretary. The recommendations to the Secretary shall
include the following:
(i) The estimated tonnage of merchantable filberts expected to be
produced during the marketing year.
(ii) The estimated tonnage of inshell filberts held by handlers on
the first day of the marketing year which may be available for handling
as inshell filberts thereafter.
(iii) Any other pertinent factors bearing on the marketing of
filberts during the marketing year.
Whenever the Secretary finds, on the basis of the recommendation of
the Board or other available information that, to establish the interim
final and final free and restricted percentages would tend to effectuate
the declared policy of the act, the Secretary shall establish such
percentages.
(d) Grade and size regulations. Prior to September 20, the Board may
consider grade and size regulations in effect and may recommend
modifications thereof to the Secretary.
(e) Revision of marketing policy. At any time prior to February 15
of the marketing year, the Board may recommend to the Secretary
revisions in the marketing policy for that year: Provided, That in no
event shall any such recommendation provide for free and restricted
percentages based on an inshell trade demand which is more than 125
percent of the average of the preceding three years' trade acquisitions
computed pursuant to paragraph (b) of this section for that marketing
year. At any time during the period December 1 through February 10 at
the request of two or more handlers, who during the preceding marketing
year handled at least 10 percent of all filberts handled, the Board
shall meet to determine whether the marketing policy should be revised.
(51 FR 29548, Aug. 19, 1986)
07 CFR 982.41 Free and restricted percentages.
The free and restricted percentages computed by the Board or
established by the Secretary pursuant to 982.40 shall apply to all
merchantable filberts handled during the current marketing year. Until
the preliminary computed free and restricted percentages are computed by
the Board for the current marketing year, the percentages in effect at
the end of the previous marketing year shall be applicable.
(51 FR 29548, Aug. 19, 1986)
07 CFR 982.41 Grade and Size Regulation
07 CFR 982.45 Establishment of grade and size regulations.
(a) Minimum standards. No handler shall handle any inshell or
shelled filberts unless such inshell filberts meet requirements of
Oregon No. 1 grade and medium size (as defined in the Oregon Grade
Standards Filberts In Shell), and such shelled filberts meet such
requirements as are established by the Secretary on the basis of a
recommendation of the Board, except as may be otherwise provided in
982.57. These minimum standards may be modified by the Secretary on the
basis of a recommendation of the Board or other information whenever he
finds that such modification would tend to effectuate the declared
policy of the act. Such minimum standards and the provisions of this
part relating to the administration thereof shall continue in effect
irrespective of whether the season average price of filberts is above
the parity level specified in section 2(1) of the act.
(b) Additional grade and size regulations. When the season average
price of filberts is not determined to be above parity, the Secretary
may establish additional grade and size regulations for inshell filberts
in the form of a more restrictive minimum standard than that specified
in paragraph (a) of this section, or pack specifications as to grades
and sizes that may be handled, if he finds, on the basis of a
recommendation of the Board or other information, that such regulations
would tend to effectuate the declared policy of the act.
(24 FR 6185, Aug. 1, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 37 FR 589, Jan. 14, 1972)
07 CFR 982.46 Inspection and certification.
(a) Before or upon handling any filberts, or before any inshell or
shelled filberts are credited (under 982.50 or 982.51) in satisfaction
of a restricted obligation, each handler shall, at his own expense,
cause such filberts to be inspected and certified by the Federal-State
Inspection Service as meeting the then effective grade and size
regulations or, if inshell or shelled filberts are withheld under
982.51, the applicable requirements specified in that section. The
handler obtaining such inspection of filberts shall cause a copy of the
certificate issued by such inspection service applicable to such
filberts to be furnished to the Board.
(b) All filberts so inspected and certified shall be identified by
seals, stamps, tags, or other identification prescribed by the Board.
Such identification shall be affixed to the filbert containers by the
handler under direction and supervision of the Board or the
Federal-State Inspection Service, and shall not be removed or altered by
any person except as directed by the Board.
(c) Whenever the Board determines that the length of time in storage
and conditions of storage of any lot of certified merchantable filberts
have been or are such as to normally cause deterioration, it may require
that such lot of filberts be reinspected at the handler's expense prior
to handling.
(40 FR 53227, Nov. 17, 1975)
07 CFR 982.46 Control of Distribution
07 CFR 982.50 Restricted obligation.
(a) No handler shall handle inshell filberts unless prior to or upon
shipment thereof, he: (1) Has withheld from handling a quantity, by
weight, of certified merchantable filberts determined by dividing the
quantity handled, or to be handled, by the applicable free percentage
and multiplying the quotient by the restricted percentage; (2) has
withheld from handling an equivalent quantity of creditable ungraded
inshell filberts under 982.51(a); or (3) has under 982.51(b),
declared in lieu of a quantity of certified merchantable filberts, under
paragraph (a)(1) of this section, the equivalent quantity, by weight as
determined under that section, of shelled filberts certified as meeting
the standards in effect for Oregon No. 1 grade for shelled filberts as
contained in Oregon Grade Standards for Filbert (Hazelnut) Kernels or
such other standards as may be recommended by the Board and established
by the Secretary. Any handler who intends to withhold shelled filberts
in satisfaction of a restricted obligation must make such declaration to
the Board prior to shelling any such filberts. Withholding may be
temporarily deferred under the bonding provisions in 982.54. The
quantity of filberts required to be withheld shall be the restricted
obligation. Certified merchantable filberts handled in accordance with
this subpart shall be deemed to be the handler's quota fixed by the
Secretary within the meaning of section 8a(5) of the Act.
(b) Inshell filberts withheld by a handler in satisfaction of his
restricted obligation shall not be handled and shall be held by him
subject to examination by and accounting control of, the Board until
disposed of pursuant to this part.
(c) A handler having certified merchantable filberts which have not
been handled at the end of a marketing year may elect to have those
filberts bear the restricted and assessment obligations of that year or
of the marketing year in which handled. The Board shall establish such
procedures as are necessary to facilitate the administration of this
option among handlers.
(d) Whenever the restricted percentage for a marketing year is
reduced, each handler's restricted obligation shall be reduced to
conform with the new restricted percentage. Any handler who, upon such
reduction, is withholding restricted filberts in excess of his new
restricted obligation may have the excess freed from withholding by
complying with such procedures as the Board may require to insure
identification of the remaining filberts withheld.
(40 FR 53227, Nov. 17, 1975, as amended at 46 FR 26039, May 11, 1981)
07 CFR 982.51 Restricted credit for ungraded inshell filberts and for
shelled filberts.
(a) A handler may withhold ungraded inshell filberts in lieu of
certified merchantable filberts in satisfaction of that handler's
restricted obligations, and the weight on which credit may be received
shall be the shelled filbert equivalent weight as inspected by the
Federal-State Inspection Service multiplied by 2.5 percent. Any lot of
ungraded filberts not meeting the moisture requirements for certified
merchantable filberts shall not be eligible for credit. All
determinations as to the shelled filbert equivalent weight shall be made
by the Federal-State Inspection Service at the handler's expense.
Filberts so withheld shall be subject to the applicable requirements of
982.50. The weight of all such lots for which a handler has received
credit shall be adjusted by the Board when the lots are handled or
disposed of so that the creditable weight is equal to the amount of
certified merchantable inshell filberts or certified shelled filberts
that are subsequently handled or disposed of from those lots. If this
adjustment causes the handler to no longer be in satisfaction of that
handler's restricted obligation as required by 982.50, the deficiency
shall be satisfied in the subsequent marketing year. If this adjustment
results in a handler disposing of, in restricted outlets, a quantity in
excess of that handler's restricted obligation, such excess shall not be
credited to such handler's restricted obligation during the subsequent
marketing year.
(b) A handler may withhold, in accordance with 982.50(a), certified
shelled filberts in lieu of merchantable filberts in satisfaction of
such handler's restricted obligation, subject to such terms and
conditions as are recommended by the Board and established by the
Secretary. The inshell equivalent of such filberts shall be determined
by multiplying the weight of the shelled filberts by 2.5.
(c) The Secretary upon recommendation of the Board and other
available data may modify these procedures, change the conversion
factors, and specify factors for conversion for different varieties of
filberts.
(51 FR 29548, Aug. 19, 1986)
07 CFR 982.52 Disposition of restricted filberts.
Filberts withheld from handling as inshell filberts pursuant to
982.50 and 982.51 may be disposed of as follows:
(a) Shelling. Any handler may dispose of such filberts by shelling
them under the direction or supervision of the Board or by delivering
them to an authorized sheller. Any person who desires to become an
authorized sheller in any marketing year may submit written application
during such year to the Board. Such application shall be granted only
upon condition that the applicant agrees:
(1) To use such restricted filberts as he may receive for no purpose
other than shelling;
(2) To dispose of or deliver such restricted filberts, as inshell
filberts, to no one other than another authorized sheller;
(3) To comply fully with all laws and regulations applicable to
shelling of filberts; and
(4) To make such reports, certified to the Board and to the Secretary
as to their correctness, as the Board may require.
(b) Export. Sales of certified merchantable restricted filberts for
shipment to destinations outside the continental United States shall be
made only by the Board. Any handler desiring to export any part or all
of that handler's certified merchantable restricted filberts shall
deliver to the Board the certified merchantable restricted filberts to
be exported, but the Board shall be obligated to sell in export only
such quantities for which it may be able to find satisfactory export
outlets. Any filberts so delivered for export which the Board is unable
to export shall be returned to the handler delivering them. Sales for
export shall be made by the Board only on execution of an agreement to
prevent reimportation into the continental United States. A handler may
be permitted to act as agent of the Board, upon such terms and
conditions as the Board may specify, in negotiating export sales, and
when so acting shall be entitled to receive a selling commission as
authorized by the Board. The proceeds of all export sales, after
deducting all expenses actually and necessarily incurred, shall be paid
to the handler whose certified merchantable restricted filberts are so
sold by the Board.
(c) Other outlets. In addition to the dispositions authorized in
paragraphs (a) and (b) of this section, the Board may designate such
other outlets into which such filberts may be disposed which it
determines are noncompetitive with normal market outlets for inshell
filberts. Such dispositions shall be made under the direction or
supervision of the Board.
(d) Restricted credits. During any marketing year, handlers who
dispose of a quantity of eligible filberts in restricted outlets in
excess of their restricted obligations, may transfer such excess credits
to another handler or handlers. Upon a handler's written request to the
Board during a marketing year, the Board shall transfer any or all of
such excess restricted credits to such other handler or handlers that
the handler may designate. The Board, with the approval of the
Secretary, shall establish rules and regulations for the transfer of
excess restricted credits.
(40 FR 53227, Nov. 17, 1975, as amended at 51 FR 29549, Aug. 19,
1986)
07 CFR 982.53 Substandard filberts.
The Board shall, with the approval of the Secretary, establish such
reporting and disposition procedures as it deems necessary to insure
that filberts which do not meet the effective inshell or shelled filbert
minimum standards do not enter normal market outlets for certified
filberts.
07 CFR 982.54 Deferment of restricted obligation.
(a) Bonding. Compliance by any handler with the requirements of
982.50 when restricted filberts may be withheld shall be temporarily
deferred to any date requested by the handler, but not later than 60
days prior to the end of the marketing year. Such deferment shall be
conditioned upon the voluntary execution and delivery by the handler to
the Board of a written undertaking before beginning to handle
merchantable filberts during the marketing year. Such written
undertaking shall be secured by a bond or bonds with a surety or
sureties acceptable to the Board that on or prior to such date the
handler will have fully satisfied the restricted obligation required by
982.50, subject to any adjustment pursuant to 982.51.
(b) Bonding requirement. Such bond or bonds shall, at all times
during their effective period, be in such amounts that the aggregate
thereof shall be no less than the total bonding value of the handler's
deferred restricted obligation. The bonding value shall be the deferred
restricted obligation poundage bearing the lowest bonding rate or rates,
which could have been selected from the packs handled or certified for
handling, multiplied by the applicable bonding rate. The cost of such
bond or bonds shall be borne by the handler filing same.
(c) Bonding rate. Said bonding rate for each pack shall be an amount
per pound as established by the Board. Until bonding rates for a
marketing year are fixed, the rates in effect for the preceding
marketing year shall continue in effect. The Board should make any
necessary adjustments once such new rates are fixed.
(d) Filbert purchases. Any sums collected through default of a
handler on his bond shall be used by the Board to purchase from
handlers, as provided in this paragraph, a quantity of certified
merchantable filberts on which the restricted obligation has been met,
not to exceed the total quantity represented by the sums collected. The
Board shall at all times purchase the lowest priced packs offered, and
the purchases shall be made from the various handlers as nearly as
practicable in proportion to the quantity of their respective offerings
of the pack or packs to be purchased.
(e) Unexpended sums. Any unexpended sums, which have been collected
by the Board through default of a handler on his bond, remaining in the
possession of the Board at the end of a marketing year shall be used to
reimburse the Board for its expenses, including administrative and other
costs incurred in the collection of such sums, and in the purchase of
filberts as provided in paragraph (d) of this section. Any balance
remaining after reimbursement of such expenses shall be distributed
among all handlers in proportion of the quantity of certified
merchantable filberts handled by them during the marketing year in which
the default occurred.
(f) Transfer of filbert purchases. Filberts purchased as provided in
this section shall be turned over to those handlers who have defaulted
on their bonds for disposal by them as restricted filberts. The
quantity delivered to each handler shall be that quantity represented by
the sums collected through default, and the different grades, if any,
shall be apportioned among the various handlers on the basis of the
ratio of the quantity of filberts to be delivered to each handler to the
total quantity purchased by the Board with bonding funds.
(g) Collection upon bonds. Collection upon any defaulted bond shall
be deemed a satisfaction of the restricted obligation represented by the
collection.
(40 FR 53228, Nov. 17, 1975, as amended at 46 FR 26039, May 11, 1981;
51 FR 29549, Aug. 19, 1986)
07 CFR 982.55 Exchange of certified merchantable filberts withheld.
Any handler who has withheld from handling certified merchantable
filberts pursuant to the requirements of 982.50 may exchange therefor
an equal quantity, by weight, of other certified merchantable filberts.
Any such exchange shall be made under the direction or supervision of
the Board.
07 CFR 982.56 Interhandler transfers.
Within the area of production, interhandler transfers of filberts may
be made as follows:
(a) Uncertified inshell filberts may be sold or delivered by one
handler to another for packing or shelling, and the receiving handler
shall be responsible for compliance with the regulations effective
pursuant to this part with respect to such filberts.
(b) Restricted filberts withheld by a handler may be sold or
delivered to another handler for shelling, export, or other authorized
outlet subject to the disposition requirements set forth in 982.52.
(c) Certified filberts other than restricted filberts may be sold or
delivered by one handler to another and the transferring handler shall
be responsible for compliance with the requirements effective pursuant
to this part, unless specified and agreed upon in writing by both
handlers that the receiving handler shall be responsible for such
compliance and a copy of such agreement is furnished to the Board.
(d) The Board, with the approval of the Secretary, shall establish
procedures, including necessary reports, for such transfers.
07 CFR 982.57 Exemptions.
(a) General. The Board, with the approval of the Secretary, may
establish such rules, regulations, and safeguards that exempt from any
or all requirements pursuant to this part such quantities of filberts or
types of shipments as do not interfere with the volume and quality
control objectives of this part, and shall require such reports,
certifications, or other conditions as are necessary to ensure that such
filberts are handled or used only as authorized.
(b) Sales by growers direct to consumers. Any filbert grower may
sell filberts of such grower's own production free of the regulatory and
assessment provisions of this part if such grower sells such filberts in
the area of production directly to end users at such grower's ranch or
orchard or at roadside stands and farmers' markets. The Board, with the
approval of the Secretary, may establish such rules, regulations, and
safeguards and require such reports, certifications, and other
conditions as are necessary to ensure that such filberts are disposed of
only as authorized.
(51 FR 29549, Aug. 19, 1986)
07 CFR 982.57 Market Development
07 CFR 982.58 Research, promotion, and market development.
(a) General. The Board, with the approval of the Secretary, may
establish or provide for the establishment of projects involving
production research, marketing research and development, and marketing
promotion, including paid advertising, designed to assist, improve, or
promote the marketing, distribution, consumption, or efficient
production of filberts (hazelnuts). The Board may also provide for
crediting the pro rata expense assessment obligations of a handler with
such portion of such handler's direct expenditures for such marketing
promotion including paid advertising as may be authorized. The expenses
of such projects shall be paid from funds collected pursuant to 982.61
or credited pursuant to paragraph (b) of this section.
(b) Creditable expenditures. The Board, with the approval of the
Secretary, may provide for crediting all or any portion of a handler's
direct expenditures for marketing promotion including paid advertising,
that promotes the sale of filberts, filbert products, or their uses. No
handler shall receive credit for any allowable direct expenditures that
would exceed the total of the handler's assessment obligation which is
attributable to that portion of the handler's assessment designated for
marketing promotion including paid advertising.
(c) Rules and regulations. Before any projects involving marketing
promotion, including paid advertising and the crediting of the pro rata
expense assessment obligation of handlers is undertaken pursuant to this
section, the Secretary, after recommendation by the Board, shall
prescribe appropriate rules and regulations as are necessary to
effectively administer such projects.
(51 FR 29549, Aug. 19, 1986)
07 CFR 982.58 Expenses and Assessments
07 CFR 982.60 Expenses.
The Board is authorized to incur such expenses including maintenance
of an operating reserve fund as the Secretary may find are reasonable
and likely to be incurred by it during each marketing year, for the
maintenance and functioning of the Board and for such purposes as the
Secretary may, pursuant to the provisions of this subpart, determine to
be appropriate. The recommendation of the Board as to the expenses and
size of the operating reserve for each such marketing year, together
with all data supporting such recommendations, shall be submitted to the
Secretary at the beginning of the fiscal year in connection with which
such recommendation is made. The funds to cover such expenses shall be
acquired by levying assessments as provided in 982.61.
07 CFR 982.61 Assessments.
For each marketing year, the Secretary shall fix an assessment rate
per pound of filberts handled and withheld, including the creditable
weight of ungraded restricted filberts withheld pursuant to 982.51 and,
when subject to regulation pursuant to 982.45, the inshell equivalent
of shelled filberts certified which are produced from other than
restricted filberts that will provide sufficient funds to meet the
authorized expenses and reserve requirements of the Board. At any time
during or after a marketing year when he determines, on the basis of a
Board recommendation or other information, that a different rate is
necessary, the Secretary may modify the assessment rate and the new rate
shall be applicable to all such filberts. Each handler shall pay to the
Board on demand, assessments on all such assessable filberts at the rate
fixed by the Secretary, less any amounts credited pursuant to 982.58.
The Board shall impose a late payment charge on any handler who fails to
pay his assessment within the time prescribed by the Board. In the
event the handler thereafter fails to pay the amount outstanding,
including the late payment charge, within the prescribed time, the Board
shall impose an additional charge in the form of interest on such
outstanding amount. The rate of such charges shall be prescribed by the
Board, with the approval of the Secretary.
(24 FR 6185, Aug 1, 1959. Redesignated at 26 FR 12751, Dec. 30, 1961,
and amended at 37 FR 589, Jan. 14, 1972; 51 FR 29550, Aug. 19, 1986)
07 CFR 982.62 Accounting.
(a) Operating reserve. The Board with the approval of the Secretary
may establish and maintain an operating monetary reserve in an amount
not to exceed approximately one marketing year's operational expenses or
such lower limits as the Board with the approval of the Secretary may
establish.
(b) Refunds. At the end of a marketing year funds in excess of the
marketing year's expenses and reserve requirements shall be refunded to
handlers from whom collected and each handler's share of such excess
funds shall be the amount of assessments the handler paid in excess of
the handler's pro rata share of expenses of the Board. However, excess
funds may be maintained and used by the Board until December 1 following
the end of any such marketing year: Provided, That the Board shall
refund to each handler upon request, or credit to the handler's account
with the Board, the handler's share of such excess prior to January 1.
(c) Termination. Upon termination of this subpart any money
remaining unexpended in possession of the Board shall be distributed in
such manner as the Secretary may direct: Provided, That to the extent
practical, such funds shall be returned pro rata to the persons from
whom such funds were collected.
(24 FR 6185, Aug. 1, 1959, as amended at 46 FR 26040, May 11, 1981)
07 CFR 982.62 Records and Reports
07 CFR 982.64 Creditable promotion and advertising reports.
Each handler shall file such reports of creditable promotion
including paid advertising conducted pursuant to 982.58 as recommended
by the Board and approved by the Secretary.
(51 FR 29550, Aug. 19, 1986)
07 CFR 982.65 Carryover reports.
As of January 1, May 1, and August 1, or such other dates as the
Board may recommend and the Secretary approve, each handler shall report
within 10 days to the Board the handler's inventory of inshell and
shelled filberts. Such reports shall be certified to the Board and the
Secretary as to their accuracy and completeness and shall show, among
other items, the following: (a) Certified merchantable filberts on
which the restricted obligation has been met; (b) merchantable filberts
on which the restricted obligation has not been met; (c) the
merchantable equivalent of any filberts intended for handling as inshell
filberts; and (d) restricted filberts withheld.
(46 FR 26040, May 11, 1981)
07 CFR 982.66 Shipment reports.
Each handler shall report to the Board the respective quantities of
inshell and shelled filberts handled by him during such periods and in
such manner as are prescribed by the Board with the approval of the
Secretary.
07 CFR 982.67 Reports of disposition of restricted filberts.
(a) Each handler, before he disposes of any quantity of restricted
filberts held by him, shall file with the Board a report of his
intention to dispose of such quantity of restricted filberts. This
report shall be filed not less than five days prior to the date on which
the restricted filberts are disposed of, unless the five-day period is
expressly waived by the Board.
(b) Each handler, within 15 days after the disposition of any
quantity of restricted filberts, shall file with the Board a report of
the actual disposition of such quantity of restricted filberts. Such
reports shall be certified to the Board and to the Secretary as to their
correctness and accuracy.
(c) All reports required by this section shall show the quantity,
pack, and location of the filberts covered by such reports; the
applicable handler's storage lot and inspection certificate numbers;
and the disposition of the restricted filberts which is intended or
which has been accomplished.
07 CFR 982.68 Other reports.
Each handler shall furnish to the Board such other reports as the
Board, with the approval of the Secretary, may require to enable it to
exercise its powers and to perform its duties.
07 CFR 982.69 Verification of reports.
For the purpose of checking and verifying reports submitted by
handlers, the Secretary and the Board, through its duly authorized
agents, shall have access to each handler's premises at any time during
reasonable business hours and shall be permitted to inspect any filberts
held by such handler and all records of the handler with respect to
filberts held or disposed of by such handler and all records of the
handler with respect to promotion and advertising activities conducted
pursuant to 982.58. Each handler shall furnish all labor necessary to
facilitate such inspections as the Secretary or the Board may make of
such handler's holdings of any filberts. Each handler shall store
filberts in such manner as to facilitate inspection, and shall maintain
adequate storage records which will permit accurate identification of
all such filberts held.
(24 FR 6185, Aug. 1, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at 37 FR 589, Jan. 14, 1972; 51 FR 29550, Aug. 19,
1986)
07 CFR 982.70 Confidential information.
All reports and records furnished or submitted by handlers to the
Board, which include data or information constituting a trade secret or
disclosing of the trade position, financial condition, or business
operations of the particular handler from whom received, shall be kept
in the custody and under the control of one or more employees of the
Board, and shall be disclosed to no person except the Secretary.
07 CFR 982.71 Records.
Each handler shall maintain such records of filberts received, held,
and disposed of by the handler, an such records detailing such handler's
promotion and advertising activities, as may be prescribed by the Board
in order to perform its function under this part. Such records shall be
retained and be available for examination by authorized representatives
of the Board or the Secretary for a period of two years after the end of
the marketing year in which the transactions occurred.
(40 FR 53228, Nov. 17, 1975, as amended at 51 FR 29550, Aug. 19,
1986)
07 CFR 982.71 Miscellaneous Provisions
07 CFR 982.80 Right of the Secretary.
The members of the Board (including successors, alternates, or other
persons selected by the Secretary), and any agent or employee appointed
or employed by the Board, shall be subject to removal or suspension by
the Secretary, in his discretion, at any time. Each and every order,
regulation, decision, determination, or other act of the Board shall be
subject to the continuing right of the Secretary to disapprove of the
same at any time, and, upon such disapproval, shall be deemed null and
void except as to acts done in reliance thereon or in compliance
therewith.
07 CFR 982.81 Personal liability.
No member or alternate member of the Board, or any employee or agent
thereof, shall be held personally responsible, either individually or
jointly with others, in any way whatsoever, to any handler or any other
person for errors in judgment, mistakes, or other acts either of
commission or omission, as such member, alternate member, agent or
employee, except for acts of dishonesty.
07 CFR 982.82 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart or the
applicability thereof to any other person, circumstance, or thing shall
not be affected thereby.
07 CFR 982.83 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 982.84 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 982.85 Agents.
The Secretary may, by a designation in writing, name any person,
including any officer or employee of the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this subpart.
07 CFR 982.86 Effective time, termination or suspension.
(a) Effective time. The provisions of this subpart, as well as any
amendments to this subpart, shall become effective at such time as the
Secretary may declare, and shall continue in force until terminated or
suspended in one of the ways specified in this section.
(b) Suspension or termination. (1) The Secretary may, at any time,
terminate the provisions of this subpart by giving at least one day's
notice by means of a press release or in any other manner which he may
determine.
(2) The Secretary shall terminate or suspend the operation of any or
all of the provisions of this subpart whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(3) Referendum. The Board shall recommend to the Secretary during
the first half of every 10-year period starting January 1, 1990, that a
referendum be conducted to ascertain whether continuance of this subpart
is favored by the producers.
(4) The Secretary shall terminate the provisions of this subpart at
the end of any marketing year whenever the Secretary finds that such
termination is favored by a majority of the producers of filberts who
during the preceding marketing year have been engaged in the production
for marketing of filberts in the States of Oregon and Washington:
Provided, That such majority have during such period produced for market
more than 50 percent of the volume of such filberts produced for market
within said States; but such termination shall be effected only if
announced 30 days or more before the end of the then current marketing
year.
(5) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
(c) Proceedings after termination. (1) Upon the termination of the
provisions of this subpart, the members of the Board then functioning
shall continue as joint trustees, for the purpose of liquidating the
affairs of the Board, of all funds and property then in the possession
or under the control of the Board, including claims for any funds unpaid
or property not delivered at the time of such termination. Action by
said trusteeship shall require the concurrence of a majority of the said
trustees.
(2) Said trustees shall continue in such capacity until discharged by
the Secretary; shall, from time to time, account for all receipts and
disbursements and deliver all property on hand, together with all books
and records of the Board and the joint trustees, to such person as the
Secretary may direct; and shall, upon the request of the Secretary,
execute such assignments or other instruments necessary or appropriate
to vest in such person full title and right to all of the funds,
property, and claims vested in the Board or the joint trustees pursuant
to this subpart.
(3) Any person to whom funds, property, or claims have been
transferred or delivered by the Board or its members, pursuant to this
section shall be subject to the same obligations imposed upon the
members of the said Board and upon said joint trustees.
(24 FR 6185, Aug. 1, 1959. Redesignated at 26 FR 12751, Dec. 30,
1961, and amended at, 46 FR 26040, May 11, 1981; 51 FR 29550, Aug. 19,
1986)
07 CFR 982.87 Effect of termination or amendment.
(a) Unless otherwise expressly provided by the Secretary, the
termination of this subpart or of any regulation issued pursuant to this
subpart, or the issuance of any amendment to either thereof, shall not
(1) affect or waive any right, duty, obligation, or liability which
shall have arisen or which may thereafter arise in connection with any
provision of this subpart or any regulation issued under this subpart,
or (2) release or extinguish any violation of this subpart or of any
regulation issued under this subpart, or (3) affect or impair any right
or remedies of the Secretary or of any other person, with respect to any
such violation.
(b) All rules and regulations in this part which are in effect
immediately prior to this amendment of this subpart and not inconsistent
with such amendment shall continue in effect until otherwise prescribed
pursuant to this subpart.
07 CFR 982.88 Amendments.
Amendments to this subpart may be proposed, from time to time, by any
person or by the Board.
07 CFR 982.88 Subpart -- Grade and Size Regulation
07 CFR 982.101 Grade requirements for shelled filberts.
(a) Pursuant to 982.45(a), no handler shall handle any shelled
filberts unless such filberts meet the grade requirements for shelled
filberts as contained in Exhibit A of this section.
(b) Pursuant to 982.50(a) and 982.51(b), a handler may declare and
withhold shelled filberts in lieu of merchantable filberts in
satisfaction of the handler's restricted obligation. Shelled filberts
so declared and withheld shall, in lieu of the standards prescribed in
982.50(a)(3), meet the grade requirements contained in Exhibit A of this
section.
Filbert kernels or portions of filbert kernels shall meet the
following requirements:
(1) Well dried and clean;
(2) Free from foreign material, mold, rancidity, decay or insect
injury; and
(3) Free from serious damage caused by serious shriveling, or other
means.
In order to allow for variations incident to proper grading and
handling the following tolerances, by weight, are permitted as
specified:
(1) For Foreign Material: 0.02 of one percent, for foreign material.
(2) For Defects: Five percent for kernels or portions of kernels
which are below the requirements of this grade, including not more than
the following: Two percent for mold, rancidity, decay or insect injury:
Provided, That not more than one percent shall be for mold, rancidity,
or insect injury.
(1) Well dried means that the kernels are firm and crisp, not
containing more than 6 percent moisture.
(2) Clean means practically free from plainly visible adhering dirt
or other foreign material.
(3) Foreign material means any substance other than the filbert
kernels, or portions of kernels. (Loose skins, pellicles or corky
tissue which have become separated from the kernels shall not be
considered as foreign material, provided that this material does not
exceed .02 of one percent by weight.)
(4) Serious damage means any specific defect described in this
section, or any equally objectionable variation of any one of these
defects, or any other defects, or any combination of defects, which
seriously detracts from the appearance or the edible or marketing
quality of the individual portion of the kernel or of the lot as a
whole. The following defects shall be considered as serious damage.
(i) Serious shriveling means when the kernel is seriously shrunken,
wrinkled and tough.
(ii) Mold means that there is a visible growth of mold either on the
outside or inside of the kernel.
(iii) Rancidity means that the kernel is noticeably rancid to the
taste. An oily appearance of the flesh does not necessarily indicate a
rancid condition.
(iv) Decay means that any portion of the kernel is decomposed.
(v) Insect injury means that the insect, frass or web is present, or
the kernel or portion of kernel show definite evidence of insect
feeding.
(47 FR 12611, Mar. 24, 1982, as amended at 48 FR 34015, July 27,
1983)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .300 through .399) and
''Marketing percentage'' regulations (e.g., sections .200 through .299)
which are in effect for a year or less, will not be carried in the Code
of Federal Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 982.101 Subpart -- Administrative Rules and Regulations
Source: 26 FR 4191, May 16, 1961, unless otherwise noted.
Redesignated at 26 FR 12751, Dec. 30, 1961.
982.432 (Reserved)
07 CFR 982.446 Inspection documentation.
Pursuant to 982.46(b), handlers are required to use the following
identification on bags and cartons of 25 pounds or larger capacity which
contain certified filberts/hazelnuts:
(a) The words ''This Produce Inspected and Certified Per Federal
Marketing Order No. 982'' shall be contained within an outline of the
combined States of Oregon and Washington; and
(b) This identification shall be printed on the upper right quarter
of the printed side of a bag; or
(c) This identification shall be printed on the upper right quarter
of one of the side panels of a carton.
(54 FR 46720, Nov. 7, 1989)
07 CFR 982.450 Application of restricted obligation.
(a) Each handler required to withhold restricted filberts/hazelnuts
pursuant to 982.50 or 982.51 shall hold such filberts/hazelnuts
separate from all other filberts/hazelnuts and shall maintain the
identity of each lot so withheld. The restricted product withheld must
be reported to the Board on F/H Form 1d, Restricted Inshell Certified.
(b) Each handler making the election pursuant to 982.50(c) in
connection with certified merchantable filberts/hazelnuts which have not
been handled, shall thereupon give written notification to the Board on
F/H Form 4 of the particular election and of the weight and identity of
the filberts/hazelnuts involved.
(c) Pursuant to 982.50(d), a handler may withdraw from withholding
restricted filberts/hazelnuts in excess of such handler's restricted
obligation upon advising the Board of the weight and lot identity of the
filberts/hazelnuts to be withdrawn. When the quantity of restricted
filberts/hazelnuts to be withdrawn from withholding consists of a part
of a lot of ungraded filberts/hazelnuts, no part of such lot shall be
withdrawn unless the remainder of such lot is reinspected and meets the
requirements of 982.51. Handlers will use F/H Form 1d prior to the end
of the marketing year or F/H Form 7 after the end of the marketing year,
when reporting the withdrawal of restricted filberts/hazelnuts from
withholding status.
(54 FR 46720, Nov. 7, 1989)
07 CFR 982.452 Disposition of restricted filberts/hazelnuts.
(a) Shelling. (1) Any person desiring to shell restricted
filberts/hazelnuts during a fiscal year may do so upon being designated
by the Board as an authorized sheller for such year. Application for
such designation shall be made in duplicate on F/H Form B and include,
in addition to the conditions specified in 982.52(a), the following:
(i) The location of the applicant's shelling operation; (ii) the number
of years such person has operated a filbert/hazelnut shelling plant;
and (iii) the daily (8-hour) shelling capacity of the plant.
Designation of an authorized sheller shall be effected by the board
manager signing the application form and returning a signed copy of the
form to the applicant. Each such designation shall continue in effect
during the particular fiscal year so long as the authorized sheller is
in compliance with the requirements and conditions pursuant to 982.52
applicable to authorized shellers.
(2) When an authorized sheller completes the shelling of a lot of
restricted filberts/hazelnuts, the sheller shall submit a report thereon
to the Board on F/H Form 7 showing: (i) The date shelling was
completed; (ii) the inspection certificate or lot number; (iii) the
quantity shelled; (iv) the weight of the kernels produced; and (v) the
location where restricted filberts/hazelnuts were held immediately prior
to shelling.
(b) Exports. Any handler who desires to act as agent of the Board in
negotiating export sales of certified merchantable restricted
filberts/hazelnuts may do so upon the execution of an ''Export
Agreement'', F/H Form A, wherein the handler agrees, among other things,
to negotiate such export sales at not less than such price as the Board
may prescribe, and in conformity to and compliance with the other terms
and conditions of the Export Agreement including those set forth in
982.52(b).
(c) Other authorized outlets. Under the direction or supervision of
the Board, a handler may dispose of restricted filberts for charitable
purposes and for promoting the consumption of filberts on behalf of the
filbert industry in general. The report required under 982.67(b)
following each such disposition shall be accompanied by a certification
by the person receiving such filberts from the handler that they will be
used for charitable or promotional purposes, as authorized.
(26 FR 4191, May 16, 1961. Redesignated at 26 FR 12751, Dec. 30,
1960, and amended at 54 FR 46721, Nov. 7, 1989)
07 CFR 982.453 Disposition of substandard filberts/hazelnuts.
The Board shall maintain a list of approved users who are crushers,
livestock feed manufacturers, or livestock feeders, and of the locations
of the facilities to which substandard filberts/hazelnuts may be
shipped. Users interested in purchasing substandard filberts/hazelnuts
or filbert/hazelnut waste must make prior application to the Board on
F/H Form D to be included on the approved list of such users. Each
handler who disposes of substandard filberts/hazelnuts to an approved
user shall, upon shipment, report to the Board on F/H Form D1 the
quantities disposed of or shipped. Substandard filberts/hazelnuts
disposed of to an approved user may only be shipped directly to an
approved location where the crushing, feed manufacture, or feeding is to
take place. The Board may deny approval to any user application, or may
remove any user from the approved list when such denial or removal is
deemed necessary to ensure control over disposition of substandard
filberts/hazelnuts. This may occur if the Board determines that
substandard filberts/hazelnuts are not properly shipped to, or utilized
at, approved facilities, in compliance with this requirement. F/H Form
D includes the location and description of the disposal facilities to be
used as well as a certification to the Board and the Secretary of
Agriculture that the applicant will:
(a) Crush, manufacture feed, or feed to livestock such
filberts/hazelnuts at the location;
(b) Use such filberts/hazelnuts for no other purpose than for
crushing into oil, manufacturing into livestock feed, or livestock
feeding;
(c) Permit such inspection of premises and of filberts/hazelnuts
received and held, and such examination of books and records covering
filbert/hazelnut transactions as the Board may require;
(d) Keep a record of receipts, holdings, and use of substandard
filberts/hazelnuts available for examination by authorized
representatives of the Board and the U.S. Department of Agriculture for
a period of two years after the end of the marketing year in which the
recorded transactions are completed; and
(e) Make such reports, certified to the Board and the Secretary of
Agriculture as to their correctness, as the Board with the approval of
the Secretary may require.
(54 FR 24328, June 7, 1989)
07 CFR 982.454 Sureties acceptable to the Board.
Bonds secured by cash, cashier's or certified checks, or by assets
that are entirely separate and apart from the handler named in the bond
may be accepted by the Board pursuant to 982.54(a). As a condition of
accepting any surety, the Board may require such financial statements or
other information relating to the ability of such surety to guarantee a
handler's bond as it deems necessary. Handlers are also required to
submit F/H Form C to the Board to document the handler's execution of a
bond.
(54 FR 46721, Nov. 7, 1989)
07 CFR 982.455 Exchange of certified merchantable filberts/hazelnuts
withheld.
Each handler desiring to exchange filberts/hazelnuts pursuant to
982.55 shall prior thereto file a written notification with the Board
setting forth for the respective quantities of filberts/hazelnuts
involved in the exchange, the inspection certificate numbers,
quantities, locations, and applicable lot numbers.
(54 FR 46721, Nov. 7, 1989)
07 CFR 982.456 Interhandler transfers.
Each interhandler transfer of filberts/hazelnuts pursuant to 982.56
(a) and (c) may be made upon notification to the Board in triplicate by
the receiving handler on F/H Form 2 signed by both the transferring
handler and the receiving handler which shall include the following
information: (a) Date of transfer; (b) names of the transferring and
receiving handlers; (c) locations between which the filberts/hazelnuts
were transferred; (d) whether uncertified inshell or certified
merchantable; (e) net weight of the filberts/hazelnuts transferred, by
size and variety; (f) the inspection certificate, or lot number
covering the filberts/hazelnuts; and (g) if certified merchantable, the
name of the handler responsible for compliance with the applicable
requirements pursuant to this part relating to such filberts/hazelnuts.
(54 FR 46721, Nov. 7, 1989)
07 CFR 982.457 (Reserved)
07 CFR 982.460 Transfer of excess restricted credits.
(a) Notification. Each handler having excess restricted credits who
wants to transfer all or a portion thereof to another handler or
handlers, may notify the Board accordingly. The Board shall make
available to all handlers such information on a weekly basis.
(b) Application. Each handler who has excess restricted credits and
desires to transfer them to another handler, may submit such request to
the Board on F/H Form 3. This form shall include: (1) The name and
signature of the handler requesting the transfer; (2) the name and
signature of the designated handler to whom the transfer is to be made;
(3) the amount of excess restricted credits to be transferred; and (4)
such other information as may be needed by the Board to enable the Board
to effect the requested transfer of the excess restricted credits.
(c) Transfer. The Board shall transfer the requested amount of the
excess restricted credits from one handler to a designated handler upon
receipt of a completed F/H Form 3 together with such information as may
be required by this section.
(37 FR 3630, Feb. 18, 1972, as amended at 54 FR 46721, Nov. 7, 1989)
07 CFR 982.461 Late payment and interest charges.
The Board shall impose a late payment charge on any handler failing
to pay his assessment within 30 days of the billing date shown on the
handler's assessment statement received from the Board. Such amount
shall be shown on the statement as the ''Assessment Due''. The late
payment charge shall be 5 percent of the unpaid balance of that amount.
In the event the handler fails to pay the delinquent amount, including
the late payment charge, within 60 days following the billing date, an
additional 1 percent interest charge shall be applied monthly thereafter
to the unpaid balance, including any accumulated interest. Any amount
paid by a handler as assessments, including any charges imposed pursuant
to this paragraph, shall be credited when the payment is received in the
Board's office.
(38 FR 5151, Feb. 26, 1973)
07 CFR 982.466 Reports of inshell filberts/hazelnuts handled, shelled
and withheld.
Each handler shall report to the Board monthly on F/H Form 1 and F/H
Forms 1a through 1e, as applicable, the quantities of inshell
filberts/hazelnuts handled or withheld for restricted use and all
product shelled and certified since the last report. All reports shall
be submitted to include transactions through the end of each month, or
other reporting periods established by the Board, and are due in the
Board office on the tenth day following the end of the reporting period.
The quantities of inshell filberts/hazelnuts handled shall be reported
by size. The respective quantities of merchantable or ungraded
filberts/hazelnuts withheld as restricted product shall be reported
separately, and with respect to filberts/hazelnuts certified for
shelling, or certified kernels withheld, the kernel weight and inshell
equivalent weight shall be reported separately by size.
(54 FR 46721, Nov. 7, 1989)
07 CFR 982.468 Report of filbert/hazelnut receipts, disposition, and
inventory.
On or before January 15 and July 15, or any other date requested by
the Board with the approval of the Secretary, each handler shall:
(a) Report to the Board on F/H Form 6 such handler's receipts and
disposition of inshell filberts/hazelnuts and production of
filbert/hazelnut kernels during the respective preceding six-month
period of July 1 to December 31, and the preceding 12-month period of
July 1 to June 30; and
(b) Report to the Board on F/H Form 5 such handler's inventory of
filberts/hazelnuts as of January 1 and July 1, respectively, showing the
quantities of inshell filberts/hazelnuts separately in terms of
certified merchantable, graded uncertified merchantable, restricted, and
ungraded. The certified merchantable filberts/hazelnuts shall be
reported on the basis of whether located within or outside the
production area and whether or not the restricted obligation has been
met.
(54 FR 46721, Nov. 7, 1989)
07 CFR 982.471 Records.
Each handler shall maintain complete and accurate records showing the
receipt, shipment and sale of all filberts/hazelnuts handled, used or
otherwise disposed of and shall retain such records for the two-year
period prescribed in 982.71. Handlers shall also maintain a current
record of all filberts/hazelnuts held in inventory.
(54 FR 46721, Nov. 7, 1989)
07 CFR 982.471 Pt. 984
07 CFR 982.471 PART 984 -- WALNUTS GROWN IN CALIFORNIA
07 CFR 982.471 Subpart -- Order Regulating Handling
Sec.
984.1 Secretary.
984.2 Act.
984.3 Person.
984.4 Area of production.
984.5 Grower.
984.6 Board.
984.7 Marketing year.
984.8 Walnuts.
984.9 Inshell walnuts.
984.10 Shelled walnuts.
984.11 Merchantable walnuts.
984.12 Substandard walnuts.
984.13 To handle.
984.14 Handler.
984.15 Pack.
984.19 Manufacturer.
984.20 Kernelweight.
984.21 Handler carryover.
984.22 Trade demand.
984.23 Free walnuts.
984.26 Reserve walnuts.
984.31 Part and subpart.
964.32 To certify.
984.33 Hold.
984.35 Walnut Marketing Board.
984.36 Term of office.
984.37 Nominations.
984.38 Eligibility.
984.39 Qualify by acceptance.
984.40 Alternate.
984.41 Vacancy.
984.42 Expenses.
984.43 Powers.
984.44 Duties.
984.45 Procedure.
984.46 Research and development.
984.48 Marketing estimates and recommendations.
984.49 Volume regulation.
984.50 Grade and size regulations.
984.51 Inspection and certification of inshell and shelled walnuts.
984.52 Processing of shelled walnuts.
984.54 Establishment of obligation.
984.56 Disposition of reserve walnuts.
984.59 Interhandler transfers.
984.64 Disposition of substandard walnuts.
984.65 Compliance.
984.66 Assistance of Board in meeting reserve obligation.
984.67 Exemptions.
984.68 Expenses.
984.69 Assessments.
984.71 Reports of handler carryover.
984.72 Reports of merchantable walnuts handled.
984.73 Reports of walnut receipts.
984.76 Other reports.
984.77 Verification of reports.
984.78 Certification of reports.
984.79 Confidential information.
984.80 Books and other records.
984.83 Rights of the Secretary.
984.84 Personal liability.
984.85 Separability.
984.86 Derogation.
984.87 Duration of immunities.
984.88 Agents.
984.89 Effective time and termination.
984.90 Effect of termination or amendment.
07 CFR 982.471 Subpart -- Administrative Rules and Regulations
984.437 Method for proposing names of additional candidates to be
included on walnut grower's nomination ballots.
984.445 Procedures for voting by mail or telegram.
984.450 Grade and size regulations.
984.451 Inspection and certification of inshell and shelled walnuts.
984.452 Certification of shelled walnuts for processing.
984.456 Disposition of reserve walnuts and walnuts used for reserve
disposition credit.
984.464 Disposition of substandard walnuts.
984.471 Reports of handler carryover.
984.472 Reports of merchantable walnuts shipped.
984.473 Report of walnut receipts.
984.480 Books and other records.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 982.471 Subpart -- Order Regulating Handling
Source: 27 FR 9094, Sept. 13, 1962, unless otherwise noted.
07 CFR 982.471 Definitions
07 CFR 984.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer or employee of the United States Department of
Agriculture who is, or who may be, authorized to perform the duties of
the Secretary of Agriculture of the United States.
07 CFR 984.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601 et seq.).
07 CFR 984.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 984.4 Area of production.
Area of production means the State of California.
(41 FR 31542, July 29, 1976)
07 CFR 984.5 Grower.
Grower is synonymous with producer and means any person engaged in a
proprietary capacity in the commercial production of walnuts.
07 CFR 984.6 Board.
Board means the Walnut Marketing Board established pursuant to
934.35.
(39 FR 35328, Oct. 1, 1974)
07 CFR 984.7 Marketing year.
Marketing year means the twelve months from August 1 to the following
July 31, both inclusive.
07 CFR 984.8 Walnuts.
Walnuts means only walnuts of the ''English'' (Juglans regia)
varieties grown in California.
(41 FR 31542, July 29, 1976)
07 CFR 984.9 Inshell walnuts.
Inshell walnuts means walnuts the kernels of which are contained in
the shell.
07 CFR 984.10 Shelled walnuts.
Shelled walnuts means walnut kernels after the shells are removed.
07 CFR 984.11 Merchantable walnuts.
(a) Inshell. Merchantable inshell walnuts means all inshell walnuts
meeting the minimum grade and size regulations effective pursuant to
984.50.
(b) Shelled. Merchantable shelled walnuts means all shelled walnuts
meeting the minimum grade and size regulations effective pursuant to
984.50.
(27 FR 9094, Sept. 13, 1962, as amended at 39 FR 35328, Oct. 1, 1974)
07 CFR 984.12 Substandard walnuts.
Substandard walnuts means all walnuts (whether inshell or shelled)
the kernels of which do not meet the minimum standard prescribed for
merchantable shelled walnuts.
07 CFR 984.13 To handle.
To handle means to sell, consign, transport, or ship (except as a
common or contract carrier of walnuts owned by another person), or in
any other way to put walnuts, inshell or shelled, in the current of
commerce either within the area of production or from such area to any
point outside thereof, or for a manufacturer or retailer within the area
of production to purchase directly from a grower: Except, that the term
''to handle'' shall not include sales and deliveries within the area of
production by growers to handlers.
(39 FR 35328, Oct. 1, 1974, as amended at 41 FR 31542, July 29, 1976)
07 CFR 984.14 Handler.
Handler means any person who handles inshell or shelled walnuts,
categorized as either:
(a) Cooperative handler meaning any handler who is a cooperative
marketing association of growers; or
(b) Independent handler meaning any handler who is not a cooperative
marketing association of growers.
(39 FR 35328, Oct. 1, 1974)
07 CFR 984.15 Pack.
Pack means to bleach, clean, grade, or otherwise prepare walnuts for
market as inshell walnuts.
(39 FR 35328, Oct. 1, 1974)
07 CFR 984.19 Manufacturer.
Manufacturer means any person who uses walnuts in the production of
bakery goods, ice cream, candy, or other food products, except walnut
oil.
07 CFR 984.20 Kernelweight.
Kernelweight means the determined weight of the kernels in a quantity
of walnuts regardless of their quality.
(39 FR 35328, Oct. 1, 1974)
07 CFR 984.21 Handler carryover.
Handler carryover as of any date means all the merchantable walnuts
(except those held in satisfaction of a reserve obligation) wherever
located, then held by a handler or for his account (whether or not
sold), plus (a) the estimated quantity of merchantable inshell walnuts
in lots then held by that handler for packing as merchantable inshell
walnuts, and (b) the estimated quantity of merchantable shelled walnuts
to be produced from shelling stock and unsorted material then held by
that handler.
(39 FR 35328, Oct. 1, 1974, as amended at 41 FR 31542, July 29, 1976)
07 CFR 984.22 Trade demand.
(a) Inshell. The quantity of merchantable inshell walnuts which the
trade will acquire from all handlers during a marketing year for
distribution in the United States, Puerto Rico, and the Canal Zone.
(b) Shelled. The quantity of merchantable shelled walnuts which the
trade will acquire from all handlers during a marketing year for
distribution in the United States, Puerto Rico, and the Canal Zone.
(27 FR 9094, Sept. 13, 1962, as amended at 39 FR 35328, Oct. 1, 1974)
07 CFR 984.23 Free walnuts.
Free walnuts means walnuts which are included in the free percentage
established by the Secretary pursuant to 984.49.
(39 FR 35328, Oct. 1, 1974)
07 CFR 984.26 Reserve walnuts.
Reserve walnuts means those walnuts which are held to meet a reserve
obligation.
(41 FR 31542, July 29, 1976)
07 CFR 984.31 Part and subpart.
Part means the order regulating the handling of walnuts grown in
California, and all rules, regulations, and supplementary orders issued
thereunder. This order regulating the handling of walnuts grown in
California shall be a subpart of such part.
(41 FR 31542, July 29, 1976)
07 CFR 984.32 To certify.
To certify means the issuance of a certification of inspection of
walnuts by the inspection service.
(41 FR 31542, July 29, 1976)
07 CFR 984.33 Hold.
Hold means to maintain possession or keep control of, in proper
storage at all times, the kernelweight of certified merchantable walnuts
necessary to meet a reserve obligation.
(41 FR 31542, July 29, 1976)
07 CFR 984.33 Administrative Body
07 CFR 984.35 Walnut Marketing Board.
(a) A Walnut Marketing Board is hereby established consisting of 10
members selected by the Secretary, each of whom shall have an alternate
nominated and selected in the same way and with the same qualifications
as the member. The members and their alternates shall be selected by
the Secretary from nominees submitted by each of the following groups or
from other eligible persons belonging to such groups:
(1) Two members to represent cooperative handlers;
(2) Two members to represent independent handlers;
(3) Two members to represent growers who market their walnuts through
cooperative handlers;
(4) One member to represent growers who market their walnuts through
cooperative handlers or independent handlers, whichever category of such
handlers had certified as merchantable more than 50 percent of the
kernelweight of all walnuts certified as merchantable by all handlers
during the two marketing years preceding the year in which nominations
were made -- the member representing growers who market their walnuts
through independent handlers shall be nominated at large in the State of
California;
(5) One member to represent growers from District 1 who market their
walnuts through independent handlers; and
(6) One member to represent growers from District 2 who market their
walnuts through independent handlers.
(b) The tenth member and alternate shall be selected after the
selection of the nine members from the groups specified in paragraph (a)
of this section and after the opportunity for such members to nominate
the tenth member and alternate. The tenth member and his alternate
shall be neither a walnut grower nor a handler.
(c) Grower Districts:
(1) District 1. District 1 encompasses the counties in the State of
California that lie north of a line drawn on the south boundaries of San
Mateo, Alameda, San Joaquin, Calaveras, and Alpine Counties.
(2) District 2. District 2 shall consist of all other walnut
producing counties in the State of California south of the boundary line
set forth in paragraph (c)(1) of this section.
(3) The Secretary on the basis of a recommendation of the Board or
other information may establish different districts within the area of
production.
(41 FR 31542, July 29, 1976)
07 CFR 984.36 Term of office.
The term of office of Board members, and their alternates shall be
for a period of two years ending on June 30 of odd-numbered years, but
they shall serve until their respective successors are selected and have
qualified.
(39 FR 35329, Oct. 1, 1974, as amended at 41 FR 31542, July 29, 1976)
07 CFR 984.37 Nominations.
(a) Nominations on behalf of growers who market their walnuts through
cooperative handlers in California shall be submitted on a ballot cast
by each such handler for its growers. The vote of each such handler
shall be weighted by the kernelweight of the walnuts certified as
merchantable during the preceding marketing year for each such handler.
The person receiving the highest number of votes for the cooperative
grower position shall be the nominee.
(b) Nominations on behalf of independent growers in Group 4, whenever
such group represents independent growers and Groups 5 and 6, shall be
submitted after ballot by such growers pursuant to an announcement by
press releases of the Board to the news media in the walnut producing
areas. Such releases shall provide pertinent voting information,
including the names of candidates and the location where ballots may be
obtained. Ballots shall be accompanied by full instructions as to their
markings and mailing and shall include the names of incumbents who are
willing to continue serving on the Board and such other candidates as
may be proposed pursuant to methods established by the Board with the
approval of the Secretary. Each grower in Group 4, whenever such group
represents independent growers, and Groups 5 and 6, regardless of the
number and location of his walnut orchard(s) shall be entitled to cast
only one ballot in the nomination and each vote shall be given equal
weight. If the independent grower has orchard(s) in both grower
districts he shall advise the Board of the district in which he desires
to vote. The person receiving the highest number of votes for an
independent grower position shall be the nominee.
(c) Nominations for all handler members shall be submitted on ballots
mailed by the Board to all handlers in their respective groups. All
handlers' votes shall be weighted by the kernelweight of walnuts
certified as merchantable by each handler during the preceding marketing
year. Each independent handler in California may vote for the
independent handler member nominees and their alternates. However, no
independent handler shall have more than one person on the Board either
as member or alternate member. The person receiving the highest number
of votes for an independent and cooperative handler member position
shall be the nominee for that position.
(d) The nine members shall nominate one person as member and one
person as alternate for the tenth member position. The tenth member and
alternate shall be nominated by not less than 6 votes cast by the nine
members of the Board.
(e) Nominations in the foregoing manner received by the Board shall
be reported to the Secretary on or before June 15 of each odd-numbered
year, together with a certified summary of the results of the
nominations. If the Board fails to report nominations to the Secretary
in the manner herein specified by June 15 of each odd-numbered year, the
Secretary may select the members without nomination. If nominations for
the tenth member are not submitted by August 1 of any such year, the
Secretary may select such member without nomination.
(f) The Board, with the approval of the Secretary, may change these
nomination procedures should the Board determine that a revision is
necessary.
(39 FR 35329, Oct. 1, 1974, as amended at 41 FR 31542, July 29, 1976)
07 CFR 984.38 Eligibility.
No person shall be selected or continue to serve as a member or
alternate to represent one of the groups specified in 984.35(a) (1)
through (6), unless he is engaged in the business he is to represent, or
represents, either in his own behalf or as an officer or employee of the
business unit engaged in such business. Also, each member or alternate
member representing growers in District 1 or District 2 shall be a
grower, or officer or employee of the group he is to represent.
(41 FR 31542, July 29, 1976)
07 CFR 984.39 Qualify by acceptance.
Each person selected by the Secretary as a member or alternate of the
Board shall, prior to serving, qualify by filing with the Secretary a
written acceptance as soon as practicable after being notified of such
selection.
(39 FR 35330, Oct. 1, 1974, as amended at 41 FR 31543, July 29, 1976)
07 CFR 984.40 Alternate.
(a) An alternate for a member of the Board shall act in the place and
stead of such member in his absence or in the event of his death,
removal, resignation, or disqualification, until a successor for his
unexpired term has been selected and has qualified.
(b) In the event any member of the Board and his alternate are both
unable to attend a meeting of the Board, any alternate for any other
member representing the same group as the absent member may serve in the
place of the absent member, or in the event such other alternate cannot
attend, or there is no such other alternate, such member, or in the
event of his disability or a vacancy, his alternate may designate,
subject to the disapproval of the Secretary, a temporary substitute to
attend such meeting. At such meeting such temporary substitute may act
in the place of such member. For the purposes of this paragraph, a
cooperative handler group and a cooperative grower group shall be
considered the same group.
(27 FR 9094, Sept. 13, 1962, as amended at 41 FR 31543, July 29,
1976)
07 CFR 984.41 Vacancy.
Any vacancy occasioned by the removal, resignation, disqualification,
or death of any member of alternate, or any need to select a successor
through failure of any person selected as a member or alternate to
qualify, shall be recognized by the Board causing a nomination to be
made by the appropriate group and certifying to the Secretary a new
nominee within 60 calendar days.
(39 FR 35330, Oct. 1, 1974, as amended at 41 FR 31543, July 29, 1976)
07 CFR 984.42 Expenses.
The members and their alternates of the Board shall serve without
compensation, but shall be allowed their necessary expenses.
(39 FR 35330, Oct. 1, 1974, as amended at 41 FR 31543, July 29, 1976)
07 CFR 984.43 Powers.
The Board shall have the following powers:
(a) To administer the provisions of this part in accordance with its
terms;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To receive, investigate, and report to the Secretary complaints
of violations of this part; and
(d) To recommend to the Secretary amendments to this part.
07 CFR 984.44 Duties.
The duties of the Board shall be as follows:
(a) To act as intermediary between the Secretary and any handler or
grower;
(b) To keep minute books and records which will clearly reflect all
of its acts and transactions, and such minute books and records shall at
any time be subject to the examination of the Secretary;
(c) To furnish to the Secretary a complete report of all meetings and
such other available information as he may request;
(d) To appoint such employees as it may deem necessary and to
determine the salaries, define the duties, and fix the bonds of such
employees;
(e) To cause the books of the Board to be audited by one or more
competent public accountants at least once for each marketing year and
at such other times as the Board deems necessary or as the Secretary may
request, and to file with the Secretary three copies of all audit
reports made;
(f) To investigate the growing, shipping and marketing conditions
with respect to walnuts and to assemble data in connection therewith;
(g) To investigate compliance with the provisions of this part; and
(h) To recommend rules and regulations for the purpose of
administering this subpart.
07 CFR 984.45 Procedure.
(a) The members of the Board shall select a chairman from their
membership, and shall select such other officers and adopt such rules
for the conduct of Board business as they deem advisable. The Board
shall give the Secretary the same notice of its meetings as is given to
members of the Board.
(b) All decisions of the Board, except where otherwise specifically
provided, shall be by majority vote of the members present. A quorum of
six members shall be required for the conduct of Board business.
(c) The Board may vote by mail or telegram upon due notice to all
members. When any proposition is to be voted on by either of these
methods, one dissenting vote shall prevent its adoption. The Board,
with the approval of the Secretary, shall prescribe the minimum number
of votes which must be cast when voting is by either of these methods,
and any other procedures necessary to carry out the objectives of this
paragraph.
(27 FR 9094, Sept. 13, 1962, as amended at 39 FR 35330, Oct. 1, 1974)
07 CFR 984.46 Research and development.
The Board, with the approval of the Secretary, may establish or
provide for the establishment of production research, marketing research
and development projects, designed to assist, improve, or promote the
marketing, distribution, and consumption or efficient production of
walnuts. The expenses of such projects shall be paid from funds
collected pursuant to 984.69.
(39 FR 35330, Oct. 1, 1974)
07 CFR 984.46 Marketing Policy
07 CFR 984.48 Marketing estimates and recommendations.
(a) Each marketing year the Board shall hold a meeting, prior to
September 20, for the purpose of recommending to the Secretary a
marketing policy for such year. Each year such recommendation shall be
adopted by the affirmative vote of at least six members of the Board and
shall include the following, and where applicable, on a kernelweight
basis:
(1) Its estimate of the orchard-run production in the area of
production for the marketing year;
(2) Its estimate of the handler carryover on August 1 of inshell and
shelled walnuts;
(3) Its estimate of the merchantable and substandard walnuts in the
production;
(4) Its estimate of the trade demand for such marketing year for
shelled and inshell walnuts, taking into consideration trade carryover,
imports, prices, competing nut supplies, and other factors;
(5) Its recommendation for desirable handler carryover of inshell and
shelled walnuts on July 31 of each marketing year;
(6) Its recommendation as to the free and reserve percentages to be
established for walnuts;
(7) Its recommendation of the percentage of reserve walnuts that may
be exported pursuant to 984.56, when it determines that the quantity of
reserve walnuts that may be exported should be limited;
(8) Its opinion as to whether grower prices are likely to exceed
parity; and
(9) Its recommendation for change, if any, in grade and size
regulations.
(39 FR 35330, Oct. 1, 1974; 39 FR 35999, Oct. 7, 1974, as amended at
41 FR 31543, July 29, 1976)
07 CFR 984.49 Volume regulation.
(a) Free, reserve, and export percentages. Whenever the Secretary
finds, on the basis of the Board's recommendation or other information,
that limiting the quantity of walnuts that may be handled in domestic
markets for merchantable free walnuts during a marketing year will tend
to effectuate the declared policy of the act, he shall establish a free
percentage to prescribe the portion of such walnuts which may be handled
as free walnuts, and a reserve percentage to prescribe the portion that
must be withheld as reserve walnuts. Whenever the Board recommends an
export percentage pursuant to 984.48(a)(7), the Secretary shall
establish a percentage if he finds it would tend to effectuate the
declared policy of the act.
(b) Revision of percentages. (1) On or before February 15 of the
marketing year, the Board may recommend that the free percentage be
increased and the reserve percentage be decreased. On the basis of the
Board's recommendation or other information the Secretary may establish
such revisions. If the reserve percentage is reduced when an export
percentage is in effect, an increase shall be made in the export
percentage so that the quantity previously authorized for export will
not be reduced. If the revised reserve quantity is less than the
quantity previously authorized for export the export percentage shall be
100 percent. Upon revision, all reserve obligations that are
theretofore accrued on merchantable walnuts certified during such year
on the basis of the previously effective percentages shall be adjusted
accordingly.
(2) Any time prior to July 1, the Board may recommend an increase in
the export percentage, if it finds that there is an insufficient volume
of reserve walnuts available for export and additional demand exists,
which would not adversely affect the disposition of the oncoming crop.
On the basis of the Board's recommendation or other information, the
Secretary may establish such revision.
(41 FR 31543, July 29, 1976)
07 CFR 984.49 Quality Control
07 CFR 984.50 Grade and size regulations.
(a) Minimum standard for inshell walnuts. Except as provided in
984.64, no handler shall handle inshell walnuts unless such walnuts are
equal to or better than the requirements of U.S. No. 2 grade and baby
size as defined in the then effective United States Standards for
Walnuts (Juglans regia) in the Shell. This minimum standard may be
modified by the Secretary on the basis of a Board recommendation or
other information.
(b) Minimum standard for shelled walnuts. Except as provided in
984.64, no handler shall handle shelled walnuts unless such walnuts are
equal to or better than the requirements of the U.S. Commercial grade as
defined in the then effective United States Standards for Shelled
Walnuts (Juglans regia) and the minimum size shall be pieces not more
than 5 percent of which will pass through a round opening 6/64 inch in
diameter. This minimum standard may be modified by the Secretary on the
basis of a Board recommendation or other information.
(c) Effective period. The minimum standards established pursuant to
paragraphs (a) and (b) of this section and the provisions of this part
relating to the administration thereof, shall continue in effect
irrespective of whether the season average price for walnuts is above
the parity level specified in section 2(1) of the Act.
(d) Additional grade and size regulation. The Board may recommend to
the Secretary additional grade and size regulations in the form of more
restrictive minimum standards than those specified in this section. If
the Secretary finds on the basis of such recommendation or other
information that such additional grade and size regulations would tend
to effectuate the declared policy of the act, he shall establish such
regulation.
(e) Minimum requirements for reserve. The Board, with the approval
of the Secretary, may specify the minimum kernel content and related
requirements for any lot of walnuts acceptable for disposition for
credit against a reserve obligation: Provided, That reserve walnuts
exported must meet the requirements of paragraph (a) of this section if
inshell, or paragraph (b) of this section if shelled.
(27 FR 9094, Sept. 13, 1962, as amended at 39 FR 35330, Oct. 1, 1974;
41 FR 31543, July 29, 1976)
07 CFR 984.51 Inspection and certification of inshell and shelled
walnuts.
(a) Before or upon handling of any walnuts for use as free or reserve
walnuts, each handler at his own expense shall cause such walnuts to be
inspected to determine whether they meet the then applicable grade and
size regulations. Such inspection shall be performed by the inspection
service designated by the Board with the approval of the Secretary.
Handlers shall obtain a certificate for each inspection and cause a copy
of each certificate issued by the inspection service to be furnished to
the Board. Each certificate shall show the identity of the handler,
quantity of walnuts, the date of inspection, and for inshell walnuts the
grade and size of such walnuts as set forth in the United States
Standards for Walnuts (Juglans regia) in the Shell. Certificates
covering reserve shelled walnuts for export shall also show the grade,
size, and color of such walnuts as set forth in the United States
Standards for Shelled Walnuts (Juglans regia). The Board, with the
approval of the Secretary, may prescribe such additional information to
be shown on the inspection certificates as it deems necessary for the
proper administration of this part.
(b) Inshell merchantable walnuts certified shall be converted to the
kernelweight equivalent at 45 percent of their inshell weight. This
conversion percentage may be changed by the Board with the approval of
the Secretary.
(c) Upon inspection, all walnuts for use as free or reserve walnuts
shall be identified by tags, stamps, or other means of identification
prescribed by the Board and affixed to the container by the handler
under the supervision of the Board or of a designated inspector and such
identification shall not be altered or removed except as directed by the
Board. The assessment requirements in 984.69 shall be incurred at the
time of certification.
(d) Whenever the Board determines that the length of time in storage
or conditions of storage of any lot of merchantable walnuts which has
been previously inspected have been or are such as normally to cause
deterioration, such lot of walnuts shall be reinspected at the handler's
expense and recertified as merchantable prior to shipment.
(39 FR 35330, Oct. 1, 1974, as amended at 41 FR 31543, July 29, 1976)
07 CFR 984.52 Processing of shelled walnuts.
(a) No handler shall slice, chop, grind, or in any manner change the
form of shelled walnuts unless such walnuts have been certified as
merchantable or as suitable for processing pursuant to paragraph (b) of
this section. The Board shall establish such procedures as are
necessary to insure that all such walnuts are inspected and certified
prior to any such processing.
(b) Any lot of shelled walnuts which, upon inspection, fails to meet
the minimum standard effective pursuant to 984.50 solely due to excess
shriveling may be certified for processing provided that the total
amount of shrivel does not exceed 20 percent, by weight, of the lot.
All such walnuts must be reinspected after processing and shall be
certified as merchantable if the processed material meets the effective
minimum standard. The provisions of this paragraph may be modified by
the Secretary, upon recommendation of the Board or other information.
07 CFR 984.52 Reserve Walnuts
07 CFR 984.54 Establishment of obligation.
(a) Reserve obligation. Whenever free and reserve percentages are in
effect for a marketing year, each handler shall withhold a kernelweight
of certified merchantable walnuts equal to a quantity derived by the
application of the reserve percentage to the kernelweight of
merchantable walnuts certified. The kernelweight of certified
merchantable walnuts which handlers are required to withhold shall be
the ''reserve obligation.'' The walnuts handled for use as free walnuts
by any handler in accordance with the provisions of this part shall be
deemed to be that handler's quota fixed by the Secretary within the
meaning of section 8(a)(5) of the act.
(b) Holding requirements. Each handler shall at all times hold in
his possession or under his control in proper storage the kernelweight
of certified merchantable walnuts necessary to meet his reserve
obligation less: (1) Any quantity which was disposed of by him pursuant
to 984.56; and (2) any quantity for which he is otherwise relieved by
the Board of responsibility to so hold walnuts.
(41 FR 31543, July 29, 1976)
07 CFR 984.56 Disposition of reserve walnuts.
(a) General. The Board shall have power and authority to sell or
dispose of any and all reserve walnuts withheld upon the best terms and
at the highest returns obtainable consistent with the ultimate complete
disposition of reserve, subject to all conditions of this section. The
Board may dispose of reserve walnuts through handlers acting as agents
of the Board under the terms and conditions specified by the Board.
(b) Export. The Board may export or authorize the disposition in
export to the destinations outside the United States, Puerto Rico, and
the Canal Zone, the quantity of reserve walnuts permitted to be exported
by the export percentage establishment pursuant to 984.49. Reserve
walnuts may be exported by any handler as an agent of the Board under
the terms and conditions specified by the Board.
(c) Pooling. At any time during the marketing year a handler may
deliver reserve walnuts and any substandard walnuts meeting the minimum
kernel content requirements effective pursuant to 984.50(e) to the
Board for pooling and crediting against his reserve obligation. Any
reserve walnuts that the handler as agent of the Board has not disposed
of by the end of the marketing year shall thereafter be delivered to the
Board for pooling on demand. The Board shall dispose of these walnuts
for use in the following outlets: Government agencies, charitable
institutions, poultry or animal feed, walnut oil or other markets
noncompetitive with markets for merchantable free walnuts. The Board
may rent and operate or arrange the use of facilities for storage and
disposition of reserve walnuts delivered to it.
(d) Crediting. The kernelweight of walnuts disposed of in accordance
with this section shall be credited to the handler's reserve obligation.
At any time during the marketing year, upon a handler's written
request, the Board shall transfer part or all of the handler's credit in
excess of his reserve obligation to any handler he designates.
(e) Pool proceeds. The proceeds remaining after the payment of all
expenses incurred by the Board in receiving, holding, and disposing of
pooled walnuts shall be distributed pro rata by the Board to each
handler in proportion to his contribution thereto, measured in
kernelweight, or such other basis as the Board may adopt with the
approval of the Secretary.
(f) Rules and regulations. The Board, with the approval of the
Secretary, may prescribe such rules and regulations as are necessary to
carry out the provisions of this section.
(41 FR 31544, July 29, 1976)
07 CFR 984.59 Interhandler transfers.
(a) Within the area of production inshell walnuts may be sold or
delivered by one handler to another for packing or shelling and the
receiving handler shall comply with the regulations made effective
pursuant to this part with respect to such walnuts.
(b) A handler may, for the purpose of meeting his reserve obligation,
acquire walnuts from another handler, and any assessments, reserve
obligations, and inspection requirements with respect to walnuts so
transferred, shall be assumed by the buying handler. The Board, with
the approval of the Secretary, may establish methods and procedures
including necessary reports for such transfers.
(c) Except as provided in paragraphs (a) and (b) of this section,
whenever transfers of walnuts are made from one handler to another, the
first handler thereof shall comply with all of the regulations effective
pursuant to this part.
(39 FR 35332, Oct. 1, 1974, as amended at 41 FR 31544, July 29, 1976)
07 CFR 984.64 Disposition of substandard walnuts.
Substandard walnuts may be disposed of only for manufacture into oil,
livestock feed, or such other uses as the Board determines to be
noncompetitive with existing domestic and export markets for
merchantable walnuts and with proper safeguards to prevent such walnuts
from thereafter entering channels of trade in such markets. Wherever
free and reserve percentages are in effect, the kernelweight of any
walnuts meeting the minimum kernel content requirements effective
pursuant to 984.50(e), may be pooled and the disposition credited to
the handler's reserve obligation pursuant to 984.56. Each handler shall
submit, in such form and at such intervals as the Board may determine,
reports of (a) his production and holdings of substandard walnuts and
(b) the disposition of all substandard walnuts to any other person,
showing the quantity, lot, date, name and address of the person to whom
delivered, the approved use and such other information pertaining
thereto as the Board may specify.
(41 FR 31544, July 29, 1976)
07 CFR 984.65 Compliance.
Except as provided in this subpart, no person shall handle walnuts,
inshell or shelled, during any marketing year in which this subpart and
any regulations issued by the Secretary hereunder are in effect, unless
such person has previously met the obligations imposed by each such
regulation and the provisions of this subpart.
07 CFR 984.66 Assistance of the Board in meeting reserve obligation.
The Board may assist any handler in accounting for his reserve
obligation and may aid any handler in acquiring walnuts to meet any
deficiency in his reserve obligation, or in accounting for, or disposing
of reserve walnuts.
(41 FR 31544, July 29, 1976)
07 CFR 984.67 Exemptions.
(a) Exemption from volume regulation. Reserve percentages shall not
apply to lots of merchantable inshell walnuts which are of mammoth size
or larger as defined in the then effective United States Standards for
Walnuts in the Shell, or to such quantities as the Board may, with the
approval of the Secretary, prescribe.
(b) Exemptions from assessments, quality, and volume regulations --
(1) Sales by growers direct to consumers. Any walnut grower may handle
walnuts of his own production free of the regulatory and assessement
provisions of this part if he sells such walnuts in the area of
production directly to consumers under the following types of
exemptions.
(i) At roadside stands and farmers' markets;
(ii) In quantities not exceeding an aggregate of 500 pounds of
inshell walnuts or 200 pounds of shelled walnuts during any marketing
year (at locations other than those specified in (b)(i) of this
section); and
(iii) If shipped by parcel post or express in quantities not
exceeding 10 pounds of inshell walnuts or 4 pounds of shelled walnuts to
any one consumer in any one calendar day.
(2) Green walnuts. Walnuts which are green and which are so immature
that they cannot be used for drying and sale as dried walnuts may be
handled without regard to the provisions of this part.
(3) Noncompetitive outlets. Any person may handle walnuts, free of
the provisions of this part, for use by charitable institutions, relief
agencies, governmental agencies for school lunch programs, and diversion
to animal feed or oil manufacture pursuant to an authorized governmental
diversion program.
(c) Rules and modifications. The Board may establish, with the
approval of the Secretary, such rules, regulations and safeguards and
such modifications as will promote the objectives of this subpart.
(27 FR 9094, Sept. 13, 1962, as amended at 41 FR 31544, July 29,
1976)
07 CFR 984.67 Expenses and Assessments
07 CFR 984.68 Expenses.
The Board is authorized to incur such expenses as the Secretary finds
are reasonable and likely to be incurred by it during each marketing
year for the maintenance and functioning of the Board, and for such
other purposes as the Secretary may, pursuant to this part, determine to
be appropriate. The Board shall file a proposed budget of expenses and
a rate of assessment with the Secretary as soon as practicable after the
beginning of each marketing year.
(41 FR 31544, July 29, 1976)
07 CFR 984.69 Assessments.
(a) Requirement for payment. Each handler shall pay the Board, on
demand, his pro rata share of the expenses authorized by the Secretary
for each marketing year. Each handler's pro rata share shall be the
rate of assessment per kernelweight pound of walnuts fixed by the
Secretary times the kernelweight of merchantable walnuts he has
certified. At any time during or after the marketing year the Secretary
may increase the assessment rate as necessary to cover authorized
expenses and each handler's pro rata share shall be adjusted
accordingly.
(b) Reserve walnut pool expenses. The Board is authorized temporary
use of funds derived from assessments collected pursuant to paragraph
(a) of this section to defray expenses incurred in disposing of reserve
walnuts pooled. All such expenses shall be deducted from the proceeds
obtained by the Board from the sale or other disposal of pooled reserve
walnuts.
(c) Refunds. At the end of a marketing year, funds in excess of the
marketing year's expenses shall be refunded to handlers from whom
collected and each handler's share of such excess funds shall be the
amount of assessments he has paid in excess of his pro rata share of the
actual expenses of the Board. Excess funds may be used temporarily by
the Board to defray expenses of the subsequent marketing year:
Provided, That each handler's share of such excess shall be made
available to him by the Board within five months after the end of the
year.
(d) Termination. Any money collected from assessments hereunder and
remaining unexpended in the possession of the Board upon termination of
this part shall be distributed in such manner as the Secretary may
direct.
(27 FR 9094, Sept. 13, 1962, as amended at 41 FR 31544, July 29,
1976)
07 CFR 984.69 Reports, Books, and Other Records
07 CFR 984.71 Reports of handler carryover.
Each handler shall submit to the Board in such form and on such dates
as the Board may prescribe, reports showing his carryover of inshell and
shelled walnuts.
(39 FR 35332, Oct. 1, 1974)
07 CFR 984.72 Reports of merchantable walnuts handled.
Each handler who handles merchantable walnuts, inshell or shelled, at
any time during a marketing year shall submit to the Board in such form
and at such intervals as the Board may prescribe, reports showing the
quantity so handled and such other information pertinent thereto as the
Board may specify.
07 CFR 984.73 Reports of walnut receipts.
Each handler shall file such reports of his walnut receipts from
growers in such form and at such times as may be requested by the Board.
(39 FR 35332, Oct. 1, 1974)
07 CFR 984.76 Other reports.
Upon request of the Board made with the approval of the Secretary
each handler shall furnish such other reports and information as are
needed to enable the Board to perform its duties and exercise its powers
under this subpart.
07 CFR 984.77 Verification of reports.
For the purpose of verifying and checking reports filed by handlers
or the operations of handlers, the Secretary and the Board through its
duly authorized representatives shall have access to any premises where
walnuts and walnut records are held. Such access shall be available at
any time during reasonable business hours. Authorized representatives
shall be permitted to inspect any walnuts held and any and all records
of the handler with respect to matters within the purview of this part.
Each handler shall maintain complete records on the receiving, holding,
and disposition of both inshell and shelled walnuts. Each handler shall
furnish all labor necessary to facilitate such inspections at no expense
to the Board or the Secretary. Each handler shall store all walnuts
held by him in such manner as to facilitate inspection and shall
maintain adequate storage records which will permit accurate
identification with respect to inspection certificates of respective
lots and of all such walnuts held or disposed of theretofore. The
Board, with the approval of the Secretary, may establish any methods and
procedures needed to verify reports.
(41 FR 31544, July 29, 1976)
07 CFR 984.78 Certification of reports.
All reports submitted to the Board as required in this part shall be
certified to the Secretary and the Board as to the completeness and
correctness of the information contained therein.
07 CFR 984.79 Confidential information.
All reports and records submitted by handlers to the Board, which
include data or information constituting a trade secret or disclosing
the trade position, or financial condition or business operations of the
handler shall be kept in custody of one or more employees of the Board
and shall be disclosed to no person except the Secretary.
07 CFR 984.80 Books and other records.
Each handler shall maintain such records of walnuts received, held
and disposed of by him as may be prescribed by the Board for the purpose
of performing its functions under this subpart. Such books and records
shall be retained and be available for examination by authorized
representatives of the Board and the Secretary for a period of two years
after the end of the marketing year in which the recorded transactions
are completed.
07 CFR 984.80 Miscellaneous Provisions
07 CFR 984.83 Rights of the Secretary.
The members and alternates of the Board and any agent or employee
appointed or employed by the Board, shall be subject to removal or
suspension by the Secretary, at his discretion, at any time. Each and
every decision, determination, or other act of the Board shall be
subject to the continuing right of the Secretary to disapprove of the
same at any time, and upon such disapproval, shall be deemed null and
void.
07 CFR 984.84 Personal liability.
No member or alternate of the Board, nor any employee or agent
thereof shall be held personally responsible either individually or
jointly with others, in any way whatsoever, to any handler or any person
for errors in judgment, mistakes, or other acts either of commission or
omission, as such member, alternate employee or agent, except for acts
of dishonesty.
(39 FR 35332, Oct. 1, 1974, as amended at 41 FR 31545, July 29, 1976)
07 CFR 984.85 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder hereof or the applicability
thereof to any other person, circumstance, or thing shall not be
affected thereby.
07 CFR 984.86 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise, or
in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 984.87 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination hereof except
with respect to acts done under and during the existence hereof.
07 CFR 984.88 Agents.
The Secretary may, by a designation in writing, name any person,
including any officer or employee of the Government, or name any
subdivision of the United States Department of Agriculture, to act as
his agent or representative in connection with any of the provisions of
this subpart.
07 CFR 984.89 Effective time and termination.
(a) Effective time. The provisions of this subpart shall become
effective at such time as the Secretary may declare above his signature
attached to this subpart, and shall continue in force until terminated
in one of the ways hereinafter specified.
(b) Termination. (1) The Secretary may, at any time, terminate the
provisions of this subpart by giving at least one day's notice by means
of a press release or in any other manner which he may determine.
(2) The Secretary may terminate or suspend the operation of any or
all of the provisions of this subpart, whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(3) The Secretary shall terminate the provisions of this subpart at
the end of any marketing year whenever he finds that such termination is
favored by a majority of the producers of walnuts who during the
preceding marketing year have been engaged in the production for market
of walnuts in the State of California: Provided, That such majority
have during such period produced for market more than 50 percent of the
volume of such walnuts produced for market within said States, but such
termination shall be effected only if announced on or before July 1 of
the then current marketing year.
(4) The provisions of this subpart shall, in any event, terminate
whenever the provisions of the act authorizing them cease to be in
effect.
(c) Proceedings after termination. (1) Upon the termination of the
provisions of this subpart, the members of the Board then functioning
shall continue as joint trustees, for the purpose of liquidating the
affairs of the Board, of all funds and property then in the possession
or under the control of the Board, including claims for any funds unpaid
or property not delivered at the time of such termination. Action by
said trusteeship shall require the concurrence of a majority of the said
trustees.
(2) Said trustees shall continue in such capacity until discharged by
the Secretary; shall from time to time, account for all receipts and
disbursements and deliver all property on hand, together with all books
and records of the Board and the joint trustees to such person as the
Secretary may direct; and shall, upon the request of the Secretary,
execute such assignments or other instruments necessary or appropriate
to vest in such person full title and right to all of the funds,
property, and claims vested in the Board or the joint trustees pursuant
hereto.
(3) Any person to whom funds, property or claims have been
transferred or delivered by the Board or its members, pursuant to this
section, shall be subject to the same obligation imposed upon the
members of the said Board and upon said joint trustees.
(27 FR 9094, Sept. 13, 1962, as amended at 41 FR 31545, July 29,
1976)
07 CFR 984.90 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendment to either thereof, shall not (a) affect or
waive any right, duty, obligation, or liability which shall have arisen
or which may thereafter arise in connection with any provision of this
subpart or any regulation issued under this subpart, or (b) release or
extinguish any violation of this subpart or of any regulation issued
under this subpart, or (c) affect or impair any rights or remedies of
the Secretary or of any other person, with respect to any such
violation.
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .300 through .399) and
''Marketing percentage'' regulations (e.g., sections .200 through .299)
which are in effect for a year or less, will not be carried in the Code
of Federal Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 984.90 Subpart -- Administrative Rules and Regulations
07 CFR 984.437 Methods for proposing names of additional candidates to
be included on walnut growers' nomination ballots.
(a) Whenever the grower member position specified in 984.35(a)(4) is
assigned to growers who marketed their walnuts through independent
handlers, any ten or more such growers who marketed an aggregate of 500
or more tons of walnuts through those handlers during the marketing year
preceding the year in which Board nominations are held, may petition the
Board to include on the nomination ballot the name of an eligible
candidate for this position, and the name of an eligible candidate to
serve as his alternate. The names of the eligible candidates proposed
pursuant to this paragraph shall be included on the ballot together with
the names of any incumbents who are willing to continue serving on the
Board.
(b) Any ten or more growers eligible to serve in the grower member
positions specified in 984.35(a)(5) and (6) and who marketed an
aggregate of 500 or more tons of walnuts through independent handlers
during the marketing year preceding the year in which Board nominations
are held, may petition the Board to include on the nomination ballot for
a district the name of an eligible candidate for the applicable
position, and the name of an eligible candidate to serve as his
alternate. The names of the eligible candidates proposed pursuant to
this paragraph shall be included on the ballot together with the names
of any incumbents who are willing to continue serving on the Board.
(c) Petitions made pursuant to paragraphs (a) and (b) of this section
shall be on forms supplied by the Board and filed no later than April 1
of the nomination year.
(41 FR 54476, Dec. 14, 1976)
07 CFR 984.445 Procedures for voting by mail or telegram.
Whenever the Board votes upon any proposition by mail or telegram at
least six members or alternates acting as members must vote and one
dissenting vote shall prevent its adoption. Each proposition to be
voted upon by either of these methods shall specify a time limit for
members to vote, after which the alternates shall be given the
opportunity to vote.
(40 FR 22267, May 22, 1975)
07 CFR 984.450 Grade and size regulations.
(a) Minimum kernel content requirements for inshell walnuts for
reserve disposition credit. For the purposes of 984.54 and 984.56, no
lot of inshell walnuts may be held, exported, or disposed of for use by
government agencies or charitable institutions unless it meets the
minimum requirements for merchantable inshell walnuts effective pursuant
to 984.59(a). The disposition of any lot of inshell walnuts pursuant to
984.64 having at least a certified kernelweight of not less than 10
percent of the inshell weight of the lot may be credited against a
handler's reserve obligation.
(b) Minimum kernel content requirements for shelled walnuts for
reserve disposition credit. For the purposes of 984.54 and 984.56, no
lot of shelled walnuts may be held, exported, or disposed of for use by
government agencies or charitable institutions unless it meets the
minimum requirements for merchantable shelled walnuts effective pursuant
to 984.50(b). The disposition of any lot of shelled walnuts pursuant to
984.64 having at least a certified kernelweight of kernels six
sixty-fourths of an inch or larger of not less than 10 percent of the
total weight of the lot may be credited against a handler's reserve
obligation: Provided, That such minimum kernel content requirements
shall not apply to any lot of walnut meal certified by the designated
inspection service as having been derived from chopping, slicing, or
dicing merchantable shelled walnuts.
(41 FR 54476, Dec. 14, 1976)
07 CFR 984.451 Inspection and certification of inshell and shelled
walnuts.
(a) The inspection service shall be the DFA of California.
(b) Each handler shall make each container of each lot of walnuts
accessible for sampling and sealing or stamping in connection with the
inspection and certification of any lot of inshell or shelled walnuts.
(c) Inshell and shelled walnuts for export pursuant to 984.56(b)
shall have been inspected and certified not more than 60 days prior to
shipment from the handler's plant.
(41 FR 54476, Dec. 14, 1976)
07 CFR 984.452 Certification of shelled walnuts for processing.
Each certificate issued for shelled walnuts for processing pursuant
to 984.52(b) shall bear the notation ''Certified for Processing Only.''
Shelled walnuts so certified for processing may not be processed by
anyone other than the handler obtaining such certificate.
(28 FR 1863, Feb. 28, 1963)
07 CFR 984.456 Disposition of reserve walnuts and walnuts used for
reserve disposition credit.
(a) Beginning August 1 of any marketing year, a handler may become an
agent of the Board to dispose of reserve walnuts of such marketing year.
The agency shall be established upon execution of an ''Agency Agreement
for Reserve Walnuts'' setting forth the terms and conditions specified
by the Board for the sale of reserve walnuts in authorized outlets.
(b) Any handler who desires to transfer disposition credit in excess
of his reserve obligation to another handler shall submit a request to
the Board for such transfer on WMB Form No. 17 signed by both handlers
and the Board shall credit such transfer.
(c) Any reserve walnuts that a handler has not disposed of by the end
of the marketing year shall be delivered to the Board for pooling on
demand. The Board may delay such demand with respect to reserve walnuts
for which the handler has agreed to undertake disposition pursuant to
the Board's authority. Each lot of reserve or substandard walnuts
delivered to the Board for pooling and disposition shall be separately
weighed at the handler's expense by a public weighmaster either upon
removal from the handler's premises or in transit to Board storage
facilities or diversion point. A copy of each weighmaster's certificate
showing the net weight of the walnuts shall be forwarded to the Board by
the handler. Walnuts delivered to the Board shall be delivered F.O.B.
handler's warehouse or point of storage.
(41 FR 54476, Dec. 14, 1976)
07 CFR 984.464 Disposition of substandard walnuts.
(a) Whenever free and reserve percentages are in effect during a
marketing year substandard walnuts meeting the requirements of 984.450
may be delivered by a handler to the Board for pooling at any time
during the year and the disposition credited to the handler's reserve
obligation.
(b) The Board shall maintain a list of approved crushers, livestock
feed manufacturers and livestock feeders, and of the locations of the
facilities within the area of production to which substandard walnuts
may be shipped. The Board may deny approval to any applicant or remove
any approved crusher, feed manufacturer, or feeder from the list when
such denial or removal is deemed necessary to insure control of
substandard walnut disposition or the Board determines that substandard
walnuts are not shipped to such facilities. Substandard walnuts
disposed of to an approved crusher, livestock feed manufacturer, or
livestock feeder, may only be shipped directly to an approved location
where the crushing, feed manufacture, or feeding is to take place.
Applications for approval to crush, manufacture livestock feed, or feed
substandard walnuts shall be submitted to the Board on a form prescribed
by the Board and which includes the location and a description of the
disposal facilities to be used and a certification to the Board and the
Secretary of Agriculture that the applicant will:
(1) Crush, manufacture feed, or feed such walnuts at the location;
(2) Use such walnuts for no other purpose than for crushing into oil,
manufacturing into livestock feed, or livestock feeding;
(3) Permit such inspection of his premises and of walnuts received
and held by him, and such examination of his books and records covering
walnut transactions as the Board may require;
(4) Keep a record of his receipts, holdings, and use of substandard
walnuts available for examination by authorized representatives of the
Board and the U.S. Department of Agriculture for a period of two years
after the end of the marketing year in which the recorded transactions
are completed; and
(5) Make such reports, certified to the Board and the Secretary as to
their correctness, as the Board may require.
(c) Each handler who disposes of substandard walnuts to an approved
crusher, livestock feed manufacturer or livestock feeder shall upon
shipment report to the Board on WMB Form No. 20, the quantities
disposed of or shipped.
(41 FR 54476, Dec. 14, 1976)
07 CFR 984.464 Reports
07 CFR 984.471 Reports of handler carryover.
Reports of handler carryover as of August 1, January 1, and April 1
of each marketing year shall be submitted to the Board on WMB Form No.
4 for inshell walnuts and on WMB Form No. 5 for shelled walnuts, on or
before August 15, January 15, and April 15 respectively, of that
marketing year.
(40 FR 22267, May 22, 1975)
07 CFR 984.472 Reports of merchantable walnuts shipped.
(a) Reports of merchantable walnuts shipped during a month shall be
submitted to the Board on WMB Form No. 6 not later than the 5th day of
the following month. Such reports shall include all shipments during
the preceding month and shall show for inshell and shelled walnuts (1)
the quantity shipped, (2) whether they were shipped into domestic or
export channels, and (3) for exports, the quantity by country of
destination. If a handler makes no shipments during any month he shall
submit a report marked ''None''. If a handler has completed his
shipments for the season he shall mark the report ''Completed'', and he
shall not be required to submit any additional WMB Form No. 6 reports
during the remainder of that marketing year.
(b) Reports of walnuts purchased directly from growers by handlers
who are manufacturers or retailers shall be submitted to the Board on
WMB Form No. 6, not later than the 5th day of the month following the
month in which the walnuts were purchased. Such reports shall show the
quantity of walnuts purchased and the quantity inspected and certified
as merchantable walnuts.
(41 FR 54476, Dec. 14, 1976)
07 CFR 984.473 Report of walnut receipts.
Each handler shall file a report of his walnut receipts from growers
on or before January 15 of each marketing year on forms supplied by the
Board.
(40 FR 22267, May 22, 1975)
07 CFR 984.480 Books and other records.
Each handler shall maintain true and complete records of all inshell
and shelled walnuts and walnut material, by categories, received, held,
or disposed of by him. The records shall be maintained in such form as
to permit verification of all transactions involved and shall be made
available during normal business hours to authorized representatives of
the Board or the Secretary of Agriculture. These records shall include
the following:
(a) The names and addresses of the persons from whom received, and
the quantities received from each such person;
(b) The names and addresses of the persons to whom disposal is made,
and the quantities disposed of to each such person;
(c) The quantities used by the handler for such purposes as
manufacturing, production of oil, and livestock feeding; and
(d) The quantities held on August 1, January 1, and April 1 of each
marketing year.
(40 FR 22268, May 22, 1975)
07 CFR 984.480 PART 985 -- MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL PRODUCED IN THE FAR WEST
07 CFR 984.480 Pt. 985
07 CFR 984.480 Subpart -- Order Regulating Handling
Sec.
985.1 Secretary.
985.2 Act.
985.3 Person.
985.4 Spearmint oil.
985.5 Production area.
985.6 Producer.
985.7 Handler.
985.8 Handle.
985.9 Marketing year.
985.10 Crop.
985.11 Salable oil.
985.12 Salable quantity.
985.13 Annual allotment.
985.14 Part and subpart.
985.20 Establishment and membership.
985.21 Eligibility.
985.22 Term of office.
985.23 Nominations.
985.24 Selection.
985.25 Alternate members.
985.26 Vacancies.
985.27 Powers.
985.28 Duties.
985.29 Procedure.
985.30 Expenses and compensation.
985.31 Research and development projects.
985.40 Expenses.
985.41 Assessments.
985.42 Accounting.
985.50 Marketing policy.
985.51 Recommendations for volume regulation.
985.52 Issuance of volume regulation.
985.53 Allotment base.
985.54 Issuance of annual allotments.
985.55 Identification.
985.56 Excess oil.
985.57 Reserve pool requirements.
985.58 Exempt oil.
985.59 Transfers.
985.60 Reports.
985.61 Records.
985.62 Verification of reports and records.
985.63 Confidential information.
985.64 Compliance.
985.65 Rights of the Secretary.
985.66 Derogation.
985.67 Agents.
985.68 Personal liability.
985.69 Duration of immunities.
985.70 Separability.
985.71 Effective time.
985.72 Termination.
985.73 Proceedings after termination.
985.74 Effect of termination or amendment.
07 CFR 984.480 Subpart -- Administrative Rules and Regulations
985.104 Changed classes of spearmint oil.
985.152 Handling report.
985.153 Issuance of additional allotment base to new and existing
producers.
985.154 Issuance of annual allotments.
985.155 Identification of oil by producer.
985.156 Transfer of excess oil by producers.
Authority: Secs. 1-19, 48 Stat. 31, as amended (7 U.S.C. 601-674).
Source: 45 FR 25040, Apr. 14, 1980, unless otherwise noted.
07 CFR 984.480 Subpart -- Order Regulating Handling
07 CFR 984.480 Definitions
07 CFR 985.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer or employee of the U.S. Department of Agriculture who
is, or who may be, authorized to perform the duties of the Secretary of
Agriculture of the United States.
07 CFR 985.2 Act.
Act means Public Act No. 10, 73d Congress, as amended, and reenacted
and amended by the Agricultural Marketing Agreement Act of 1937, as
amended (sections 1-19, Stat. 31, as amended; 7 U.S.C. 601-674).
07 CFR 985.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 985.4 Spearmint oil.
Spearmint oil, hereinafter referred to as oil, means essential oil
extracted by distillation from plants, grown in the production area, of
the genus Mentha, species Cardiaca (commonly referred to as Scotch
Spearmint), Spicata (commonly referred to as Native Spearmint), or such
other species, grown in the production area, that produce a spearmint
flavored oil. Oil shall be segregated into the following classes:
''Class 1'' -- Oil extracted from the first cutting of Scotch
Spearmint.
''Class 2'' -- Oil extracted from the second cutting of Scotch
Spearmint.
''Class 3'' -- Oil extracted from Native Spearmint.
''Class 4'' -- Oil which has a spearmint flavor, extracted from
plants other than Scotch or Native Spearmint.
The Committee, with the approval of the Secretary, may change these
classes to recognize new, or delete obsolete, classes.
07 CFR 985.5 Production area.
Production area means all the area within the States of Washington,
Idaho, Oregon, and that portion of California and Nevada north of the
37th parallel and that portion of Montana and Utah west of the 111th
meridian. The area shall be divided into the following districts:
(a) District 1. The State of Washington.
(b) District 2. The State of Idaho and that portion of the States of
Montana, Nevada, and Utah included in the production area.
(c) District 3. The State of Oregon and that portion of the State of
California included in the production area.
07 CFR 985.6 Producer.
Producer is synonymous with grower and means any person engaged in a
proprietary capacity in the commercial production of oil or who causes
it to be produced.
07 CFR 985.7 Handler.
Handler means any person who handles oil.
07 CFR 985.8 Handle.
Handle means to prepare oil for market, acquire oil from a producer,
use oil commercially of own production, or sell, transport, or ship
(except as a common or contract carrier of oil owned by another), or
otherwise place oil into the current of commerce within the production
area or from the area to points outside thereof: Provided, That (a) the
preparation for market of salable oil by producers who are not dealers
or users, (b) the sale or transportation of salable oil by a producer to
a handler of record within the production area, or (c) the transfer of
excess oil by the producer to another producer to enable that producer
to fill a deficiency in an annual allotment, or (d) the delivery of
excess oil by the producer to the Committee or its designees, shall not
be construed as handling.
07 CFR 985.9 Marketing year.
Marketing year means the 12 months from June 1 to the following May
31, inclusive, or such other period as the Committee, with the approval
of the Secretary, may establish.
07 CFR 985.10 Crop.
Crop means that oil produced by a producer during the marketing year.
07 CFR 985.11 Salable oil.
Salable oil means that oil which is free to be handled.
07 CFR 985.12 Salable quantity.
Salable quantity means the total quantity of each class of oil which
handlers may purchase from, or handle on behalf of, producers during a
marketing year.
07 CFR 985.13 Annual allotment.
Annual allotment means that portion of the salable quantity prorated
to a producer.
07 CFR 985.14 Part and subpart.
Part means the order regulating the handling of oil grown in the
production area, and all rules and regulations issued thereunder. The
order shall be a subpart of such part.
07 CFR 985.14 Administrative Committee
07 CFR 985.20 Establishment and membership.
A Spearmint Oil Administrative Committee is hereby established
(hereinafter referred to as ''Committee'') and shall consist of eight
members, each of whom shall have an alternate, to administer the terms
and provisions of this part. Four of the members and alternates shall
be producers in District 1; two members and alternates shall be
producers in District 2; and one member and alternate shall be a
producer in District 3. One member and alternate shall represent the
public.
07 CFR 985.21 Eligibility.
Each member and alternate member of the Committee shall be, at the
time of selection and during the term of office, a producer, or an
officer or employee of a producer, in the district for which selected:
Provided, That these requirements should not apply to the public member
and alternate member.
07 CFR 985.22 Term of office.
The term of office of each member and alternate member of the
Committee shall be for two calendar years: Provided, That one-half of
the initial members and alternates shall serve for terms ending December
31, 1980, and one-half of the initial members and alternates shall serve
for terms ending December 31, 1981. Members and alternates shall serve
in such capacity for the term of office for which they are selected and
have qualified and until their respective successors are selected and
have qualified. No member shall serve more than two consecutive terms
as member and no alternate shall serve more than two consecutive terms
as alternate.
07 CFR 985.23 Nominations.
(a) Procedure. (1) Nominations for producer members of the Committee
and their alternates shall be made at nomination meetings of producers
in each District. Such meetings shall be held at such times (on or
before November 1 of each year) and places as the Committee shall
designate. One nominee shall be elected for each position to be filled.
The names and addresses of each nominee shall be submitted to the
Secretary not later than December 1 of each year.
(2) Only producers, including duly authorized officers or employees
of producers present and eligible to serve as producer members of the
Committee, shall participate in the nomination. If a producer produces
oil in more than one district, the producer shall select the district in
which that producer will participate and notify the Committee of the
choice.
(3) Should the Committee find it impractical to hold nomination
meetings, nominations may be submitted to the Secretary based on the
results of balloting by mail. Ballots to be used may contain the names
of candidates and a blank space for write-in candidates for each
position, together with voting instructions. The eligible person
receiving the highest number of votes for a member or alternate position
shall be the nominee for that position.
(4) The producer members of the Committee shall nominate the public
member and alternate and member at the first meeting following the
selection of members for a new term of office.
(b) Initial members. As soon as practicable following the effective
date of this subpart, the Secretary shall hold, or cause to be held,
nomination meetings of producers in each district to nominate the
initial members of the Committee.
(c) The Committee with the approval of the Secretary shall issue
rules and regulations necessary to carry out the provisions of this
section or to change the procedures in this section in the event they
are no longer practical.
07 CFR 985.24 Selection.
Committee members shall be selected by the Secretary from nominees
submitted by the Committee or from among other eligible persons. Each
person so selected shall qualify by filing a written acceptance with the
Secretary prior to assuming the duties of the position.
07 CFR 985.25 Alternate members.
An alternate for a member shall act in the place of such member (a)
in the member's absence, (b) in the event of the member's death,
removal, resignation, or disqualification, until a successor for the
member's unexpired term has been selected and has qualified, or (c) when
requested and designated by the member.
07 CFR 985.26 Vacancies.
To fill any vacancy occasioned by the failure of any person appointed
as a member or as an alternate member of the Committee to qualify, or in
the event of the death, removal, resignation, or disqualification of any
member or alternate member of the Committee, a successor to fill the
unexpired term shall be nominated and appointed in the manner specified
in 985.23 and 985.24. If the names of the nominees to fill any such
vacancy are not made available to the Secretary within 30 days after
such vacancy occurs, the Secretary may fill such vacancy without regard
to nominations, which appointment shall be made on the basis of
representation provided for in 985.20.
07 CFR 985.27 Powers.
The Committee shall have the following powers:
(a) To administer this subpart in accordance with its terms and
provisions;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violations of this part; and
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 985.28 Duties.
The Committee shall have, among others, the following duties;
(a) To select from among its membership such officers and adopt such
rules or by-laws for the conduct of its meetings as it deems necessary;
(b) To appoint such employees as it may deem necessary, and to
determine the compensation and to define the duties of each employee;
(c) To appoint such subcommittees and consultants as it may deem
necessary;
(d) To keep minutes, books, and records which will reflect all of the
acts and transactions of the Committee and which shall be subject to
examination by the Secretary;
(e) To prepare periodic statements of the financial operations of the
Committee and to make copies of each such statement available to
producers and handlers for examination at the office of the Committee;
(f) To cause the books of the Committee to be audited by a certified
public accountant at such times as the Committee may deem necessary, or
as the Secretary may request, to submit copies of each audit report to
the Secretary, and to make available a copy which does not contain
confidential data for inspection at the offices of the committee by
producers and handlers;
(g) To act as intermediary between the Secretary and any producer or
handler;
(h) To investigate and assemble data on the growing, handling, and
marketing conditions with respect to oil;
(i) To submit to the Secretary such available information as may be
requested or that the Committee may deem desirable and pertinent;
(j) To notify producers and handlers of all meetings of the Committee
to consider recommendations for regulations and of all regulatory
actions taken affecting producers and handlers;
(k) To give the Secretary the same notice of meetings of the
Committee and its subcommittees as is given to its members;
(l) To investigate compliance and use means available to prevent
violations of the provisions of this part;
(m) With the approval of the Secretary, to redefine the districts
into which the production area is divided and to reapportion the
representation of any district on the Committee: Provided, That such
changes shall reflect insofar as practical, shifts in oil production
within the production area and numbers of producers; and
(n) To establish with the approval of the Secretary such rules and
regulations as are necessary or incidental to administration of this
subpart, as are consistent with its provisions, and as would tend to
accomplish the purposes of this subpart and the act.
07 CFR 985.29 Procedure.
(a) At an assembled meeting, all votes shall be cast in person and
seven members of the Committee shall constitute a quorum. Decisions of
the Committee shall require the concurring vote of at least six members.
If both a Committee member and appropriate alternate are unable to
attend a Committee meeting, the Committee may designate any other
alternate from the same district who is present at the meeting to serve
in the member's place.
(b) The Committee may vote by mail, telephone, telegraph, or other
means of communication: Provided, That each proposition is explained
accurately, fully, and identically to each member. All votes shall be
confirmed promptly in writing. Seven concurring votes and no dissenting
votes shall be required for approval of a Committee action by such
method.
07 CFR 985.30 Expenses and compensation.
Members of the Committee, their alternates, subcommittees including
any special subcommittees, shall serve without compensation but shall
receive such allowances for necessary expenses, incurred in performing
their duties, as may be approved by the Committee.
07 CFR 985.30 Research
07 CFR 985.31 Research and development projects.
The Committee, with the approval of the Secretary, may establish or
provide for the establishment of production research, marketing research
and development projects designed to assist, improve, or promote the
marketing, distribution and consumption or efficient production of oil.
The Committee shall consider ongoing research, by industry and grower
organizations, in making its recommendations. The expense of such
projects shall be paid from funds collected pursuant to 985.41.
07 CFR 985.31 Expenses and Assessments
07 CFR 985.40 Expenses.
The Committee is authorized to incur such expenses as the Secretary
finds are reasonable and likely to be incurred by it for such purposes
as the Secretary may, pursuant to this subpart, determine to be
appropriate, and for the maintenance and functioning of the Committee
during each marketing year. The Committee shall submit to the Secretary
a budget for each marketing year, including an explanation of the items
appearing therein, and a recommendation as to the rate of assessment for
such year.
07 CFR 985.41 Assessments.
(a) Requirements for payment. Each person who first handles salable
oil shall pay to the Committee, upon demand, that handler's pro rata
share of the expenses authorized by the Secretary for each marketing
year. Each handler's pro rata share shall be the rate of assessment
fixed by the Secretary times the quantity of oil which the handler
handles as the first handler thereof. The payment of assessments for
the maintenance and functioning of the Committee and for such purposes
as the Secretary may, pursuant to this subpart, determine to be
appropriate, may be required under this part throughout the period it is
in effect, irrespective of whether particular provisions thereof are
suspended or become inoperative.
(b) Rate of assessment. The Secretary shall fix the rate of
assessment to be paid by each handler. At any time during or after the
marketing year, the Secretary may increase the rate of assessment as
necessary to cover authorized expenses. Such increase shall be applied
to all oil handled during the applicable marketing year. In order to
provide funds for the administration of this part before sufficient
operating income is available from assessments, the Committee may accept
advance assessments and may also borrow money for such purpose. Advance
assessments received from a handler shall be credited toward assessments
levied against the handler during the marketing year.
07 CFR 985.42 Accounting.
(a) Excess funds. At the end of a marketing year, funds in excess of
the year's expenses may be placed in an operating reserve not to exceed
approximately one marketing year's operational expenses or such lower
limits as the Committee, with the approval of the Secretary, may
establish. Funds in such reserve shall be available for use by the
Committee for expenses authorized pursuant to 985.40. Funds in excess
of those placed in the operating reserve shall be refunded to handlers:
Provided, That any sum paid by a first handler in excess of that
handler's pro rata share of the expenses during any marketing year may
be applied by the Committee at the end of such marketing year to any
outstanding obligations due the Committee from such person. Each
handler's share of such excess funds shall be the amount of assessments
paid in excess of that handler's pro rata share.
(b) Disposition of funds upon termination of order. Upon termination
of this part, any funds not required to defray the necessary expenses of
liquidation shall be disposed of in such manner as the Secretary may
determine to be appropriate: Provided, That to the extent practicable,
such funds will be returned pro rata to the first handler from whom such
funds were collected.
07 CFR 985.42 Volume Limitations
07 CFR 985.50 Marketing policy.
(a) The Committee shall meet on or before January 15 of each year to
adopt a marketing policy for the ensuing marketing year or years. As
soon as is practical following the meeting or meetings, the Committee
shall submit to the Secretary recommendations for volume regulations
deemed necessary to meet market requirements and establish orderly
marketing conditions. Additional reports shall be submitted to the
Secretary of the Committee subsequently adopts a new or revised policy
because of changes in the demand and supply situation with respect to
the various classes of oil.
(b) In determining such marketing policy, Committee consideration
shall include but not be limited to:
(1) The estimated quantity of salable oil of each class held by
producers and handlers;
(2) The estimated demand for each class of oil;
(3) Prospective production of each class of oil;
(4) Total of allotment bases of each class of oil for the current
marketing year and the estimated total of allotment bases of each class
for the ensuing marketing year;
(5) The quantity of reserve oil, by class, in storage;
(6) Producer prices of oil, including prices for each class of oil;
(7) General market conditions for each class of oil, including
whether the estimated season average price to producers is likely to
exceed parity.
(c) Notice of the marketing policy recommendations for a marketing
year and any later changes shall be announced publicly by the Committee,
and be submitted promptly to the Secretary and all producers and
handlers. The Committee shall publicly announce its marketing policy or
revision thereof and notice and contents thereof shall be submitted to
producers and handlers by bulletins or through appropriate media.
(d) As soon as practicable following the effective date of this
subpart and the organization of the Committee, the Committee may adopt a
marketing policy for the 1980-81 marketing year.
07 CFR 985.51 Recommendations for volume regulation.
(a) If the Committee's marketing policy considerations indicate a
need for limiting the quantity of oil of each class marketed, the
Committee shall recommend to the Secretary a salable quantity and
allotment percentage for the ensuing marketing year. Such
recommendations shall be made prior to February 15, or such other date
as the Committee, with the approval of the Secretary, may establish.
(b) At any time during the marketing year for which the Secretary,
pursuant to 985.52(a), has established a salable quantity and an
allotment percentage for each class of oil, the Committee may recommend
to the Secretary that such quantity be increased with an appropriate
increase in the allotment percentage. Each such recommendation,
together with the Committee's reason for such recommendation, shall be
submitted promptly to the Secretary.
(c) As soon as practical following the effective date of this subpart
and the organization of the Committee, the Committee may recommend a
salable quantity for the 1980-81 marketing year.
07 CFR 985.52 Issuance of volume regulation.
(a) Whenever the Secretary finds, on the basis of the Committee's
recommendation or other information, that limiting the total quantity of
a class of oil of any crop that handlers may purchase from or handle on
behalf of producers during a marketing year, would tend to effectuate
the declared policy of the act, the Secretary shall establish the
salable quantity for that oil.
The salable quantity shall be prorated among producers by applying an
allotment percentage to each producer's allotment base for that class of
oil. The allotment percentage shall be established for each class of
oil by dividing the salable quantity by the total of all producers'
allotment bases for the same class of oil.
(b) When an allotment percentage for a class of oil is established
for any marketing year, no handler shall purchase from or handle on
behalf of producers any oil of that class during such year unless:
(1) It is, at the time of handling, within the unused portion of a
producer's annual allotment, and
(2) Such handler notifies the Committee of the handling in such
manner as it may prescribe.
07 CFR 985.53 Allotment base.
(a) Initial issuance. Each producer desiring an allotment base for
one or more classes of oil shall register with the Committee and furnish
to it, on forms provided by the Committee, a report of the number of
pounds of each class of oil sold during each of the marketing years of
1977, of 1978, and of 1979, which is the representative base period, and
the number of pounds of each class of oil currently available for sale
and the location of such oil, the name and address of each handler, the
quantity of oil by class sold to each handler, the acreage and location
of each year's production of spearmint, and any additional information
requested by the Committee. A producer who has changed or changes
identity from an individual producer to a partnership or corporate
producer, or from a partnership to a corporate or individual producer,
or from a corporate to a partnership or individual producer, may for the
purpose of establishing the initial and subsequent allotment base,
register with the Committee as one and the same person.
(b)(1) Initially, the allotment base for each class of oil shall be
established by the Committee for each registered producer, at the option
of such producer, as follows:
(i) The average annual number of pounds of oil of that class sold
during any two marketing years of the representative base period; or
(ii) The average annual number of pounds of that class of oil sold
during the representative period plus 33 1/3 percent of oil of that
class currently available for sale; or
(iii) The quantity of that class of oil sold during the 1979
marketing year, plus the quantity of that class of oil currently
available for sale.
(2) If a producer has spearmint planted by February 27, 1979, but has
no sales history during the representative period, the producer's
allotment base shall be established by multiplying its acreage to be
harvested for spearmint oil by the average amount of oil per acre sold
in the allotment base of other producers in the state or area, whichever
is more representative, in which the acreage is located: Provided,
That, the Committee shall review and adjust these allotment bases in
accordance with paragraph (c) of this section on the basis of the
producer's sales of spearmint oil.
(c) Periodically, but at least once every five years, the Committee
shall review and adjust each producer's allotment base to recognize
changes and trends in production and demand. Any such adjustment shall
be made in accordance with a formula prescribed by the Committee with
the approval of the Secretary.
(d)(1) Beginning with the 1982-83 marketing year, the Committee
annually shall make additional allotment bases available for each class
of oil in the amount of no more than 1 percent of the total allotment
base for that class of oil. Fifty percent of these additional allotment
bases shall be made available for new producers and 50 percent made
available for existing producers.
(2) Any person may apply for an additional allotment base for any
class of oil by filing an application with the Committee on or before
December 1 of the marketing year preceding the marketing year for which
the additional allotment bases will be made available.
(3) The Committee shall, with the approval of the Secretary,
establish rules and regulations to be used for determining the
distribution of additional allotment bases. In establishing such rules,
the Committee shall take into account, among other things, the minimum
economic enterprise requirements for oil production, the applicant's
ability to produce oil, the area where the oil will be produced and
other economic and marketing factors.
(e) The right to each producer receiving an allotment base, or any
legal successor in interest, to retain all or part of an allotment base,
shall be dependent on continuance to make a bona fide effort to produce
the annual allotment referable thereto and failing to do so, such
allotment base shall be reduced by an amount equivalent to such
unproduced portions.
Editorial Note: At 50 FR 41480, Oct. 11, 1985, paragraph (d)(2) of
985.53 was indefinitely suspended.
07 CFR 985.54 Issuance of annual allotments.
(a) Whenever the Secretary establishes a salable quantity and
allotment percentage for a class of oil that may be freely marketed
during a marketing year, the Committee shall issue an annual allotment
to each producer holding an allotment base for that class of oil. Each
producer's annual allotment for a class of oil shall be determined by
multiplying the producer's allotment base for that class of oil by the
applicable allotment percentage.
(b) On or before December 1, the Committee shall furnish each
registered holder of an allotment base a form for the producer to apply
for an annual allotment for the ensuing marketing year. The Committee,
with the approval of the Secretary, shall establish rules and
regulations prescribing the information to be submitted on this form.
The Committee shall notify each producer of the producer's annual
allotment for each class of oil within 10 days after the Secretary
establishes the salable quantity and allotment percentage.
(c) Through 1981, a handler may acquire oil of a producer's own
production to fulfill a written contract entered into by these two
persons prior to February 27, 1979. The terms of this contract shall
require the producer to deliver to that handler a specified quantity of
a class of oil from that producer's production at a specific price from
a specified acreage and produced prior to 1982. The quantity of oil
acquired by the handler pursuant to that contract during the 1980-81 or
1981-82 marketing year may exceed the producer's annual allotment for
the applicable marketing year, but shall be charged against the
producer's annual allotment for that year.
07 CFR 985.55 Identification.
(a) Each producer shall, under supervision of the Committee, identify
each class of oil within 15 days following its production, or such other
period of time as is recommended by the Committee with the approval of
the Secretary. Identification of oil shall be accomplished before its
delivery either to a handler for handling as salable oil, or to the
Committee or its designees for storage as excess oil.
(b) Identification shall indicate whether the oil is salable or
excess oil and include the name of the producer, the class of oil, the
net weight, the container number and such other information as may be
required by the Committee.
(c) Identification shall be accomplished in accordance with rules and
regulations established by the Committee with the approval of the
Secretary.
(d) No handler shall handle as salable oil, and the Committee shall
not receive as excess oil, any oil that has not been identified as
provided in this section, and no person shall alter or remove any
identification except when incidental to final disposition.
07 CFR 985.56 Excess oil.
Oil of any class in excess of a producer's applicable annual
allotment shall be identified as excess oil and shall be disposed of as
follows:
(a) Before October 15, or such date as the Committee, with the
approval of the Secretary, may establish, a producer, following
notification of the Committee, may transfer excess oil to another
producer to enable that producer to fill a deficiency in that producer's
annual allotment, or
(b) Before November 1, or such other date as the Committee, with the
approval of the Secretary, may establish, excess oil, not used to fill
another producer's deficiency, shall be delivered to the Committee or
its designees for storage. Such oil shall be stored for the account of
the producer. All costs of storage including identification and
insurance shall be paid by the producer of excess oil. No handler shall
handle excess oil and no producer shall deliver excess oil to other than
the Committee or its designees.
(c) The Committee, with the approval of the Secretary, may establish
such rules and regulations as it deems necessary for the transfer or
storage of excess oil.
07 CFR 985.57 Reserve pool requirements.
(a) On November 1, or such other date as the Committee, with the
approval of the Secretary may establish, the Committee shall pool
identified excess oil as reserve oil in such manner as to accurately
account for its receipt, storage, and disposition. The Committee shall
store reserve oil for the account of the producer and maintain the
identity of the reserve oil by producer's name, the year produced, the
class of oil, and such other identification as may be used in normal
commercial trade practices. The Committee shall designate a Committee
employee as reserve pool manager.
(b) Disposition. (1) When, in any marketing year, a producer has
produced less than the annual allotment of a class of oil, the producer
may, upon notification of the Committee, fill the deficiency with the
same class of reserve oil from the producer's prior production.
(2) Prior to March 15 of any year, or such other date as recommended
by the Committee and approved by the Secretary, a producer may notify
the Committee of a possible deficiency in the producer's ensuing year's
production of oil and wishes to use reserve oil from own production to
fill the ensuing year's annual allotment. The Committee shall approve
the producer's request if the oil is still available at the time of the
request.
(3) Under supervision of the Committee, a producer may exchange
salable oil for the same class and quantity of reserve oil from own
production so long as the oil is properly identified.
(4) When the Committee finds that additional oil is needed to fill
the normal market demand, it shall offer all or a portion of the reserve
oil for sale to handlers. Offers to sell, extension of offers and
withdrawal of offers shall be subject to disapproval by the Secretary.
The Committee may establish rules and regulations governing the offers
and sale to handlers.
(5) The Committee may use reserve oil for market development projects
approved by the Secretary. Such projects may be conducted by the
Committee or in conjunction with or through handlers.
(c) Pool expenses and proceeds. Expenses incurred by the Committee
in handling and storing reserve oil shall be paid by the equity holders.
The proceeds from the disposition of reserve oil shall be distributed,
after deduction of any expenses incurred by the Committee in receiving,
handling, storing, and disposing thereof, to the equity holders or their
successors in interest, on the basis of the number of pounds, class of
oil and quality credited to each equity holder's account in the pool. A
full accounting to each equity holder, or successor in interest, in each
reserve pool shall be made by the Committee annually.
07 CFR 985.58 Exempt oil.
Oil held by a producer or handler on the effective date of this
subpart shall not be regulated under this subpart if reported and
identified to the Committee not later than 60 days after that date. Any
such oil not reported and identified to the Committee shall be subject
to all regulation under this subpart.
07 CFR 985.59 Transfers.
(a) Nothing contained in this part shall prevent a producer from
transferring the location where that producer's annual allotment is
produced to another location except that the producer shall report the
transfer to the Committee within 30 days after the transfer.
(b) A producer may transfer all or part of an allotment base to
another producer under rules and regulations established by the
Committee, with the approval of the Secretary: Provided, That the
allotment base obtained by transfer from another producer or issued
pursuant to 985.53(d)(1) shall not be transferred for at least 2 years
following transfer or issuance, and that the person receiving the
allotment base submit to the Committee, evidence of an ability to
produce and sell oil from such allotment base in the first marketing
year following the transfer or issuance of the allotment base.
07 CFR 985.59 Reports and Records
07 CFR 985.60 Reports.
(a) Inventory. Each handler shall file with the Committee a
certified report showing such information as the Committee may specify
with respect to any oil which was held by the handler at such times as
the Committee may designate.
(b) Receipts. Each handler shall, upon request of the Committee,
file with the Committee a certified report showing for each lot of oil
received, the identifying marks, class of oil, weight, place of
production, and the producer's name and address at such times as the
Committee may designate.
(c) Other reports. Upon the request of the Committee, each handler
shall furnish such other information as may be necessary to enable the
Committee to exercise its powers and perform its duties under this part.
07 CFR 985.61 Records.
Each handler shall maintain such records pertaining to all oil
handled as will substantiate the required reports. All such records
shall be maintained for not less than 2 years after the termination of
the marketing year to which such records relate.
07 CFR 985.62 Verification of reports and records.
For the purpose of assuring compliance with record keeping
requirements and verifying reports filed by producers and handlers, the
Secretary and the Committee, through its duly authorized employees,
shall have access to any premises where applicable records are
maintained, where oil is received or held, and at any time during
reasonable business hours, shall be permitted to inspect such handlers'
premises, and any and all records of such handlers with respect to
matters within the purview of this part.
07 CFR 985.63 Confidential information.
All reports and records furnished or submitted by handlers to, or
obtained by the employees of the Committee, which contain data or
information constituting a trade secret or disclosing the trade
position, financial condition, or business operations of the particular
handler from whom received, shall be treated as confidential and the
reports and all information obtained from records shall, at all times,
be kept in the custody and under the control of one or more employees of
the Committee who shall disclose such information to no person other
than the Secretary.
07 CFR 985.63 Miscellaneous Provisions
07 CFR 985.64 Compliance.
No person shall handle oil except in conformity with the provisions
of this part.
07 CFR 985.65 Rights of the Secretary.
Members of the Committee and subcommittees, and any agents, employees
or representatives thereof, shall be subject to removal or suspension by
the Secretary at any time. Each and every decision, determination, and
other act of the Committee shall be subject to the continuing right of
disapproval by the Secretary at any time. Upon such disapproval, the
disapproved action of the Committee shall be deemed null and void,
except as to acts done in reliance thereon or in accordance therewith
prior to such disapproval by the Secretary.
07 CFR 985.66 Derogation.
Nothing contained in this part is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States (a) to exercise any powers granted by the act or
otherwise, or (b) in accordance with such powers, to act in the premises
whenever such action is deemed advisable.
07 CFR 985.67 Agents.
The Secretary may, by designation in writing, name any officer or
employee of the United States or name any agency or division in the U.S.
Department of Agriculture, to act as the Secretary's agent or
representative in connection with any of the provisions of this part.
07 CFR 985.68 Personal liability.
No member or alternative member of the Committee and no employee or
agent of the Committee shall be held personally responsible, either
individually or jointly with others, in any way whatsoever, to any
person for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate, employee, or agent,
except for acts of dishonesty, willful misconduct, or gross negligence.
07 CFR 985.69 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this part shall cease upon its termination, except with
respect to acts done under and during the existence of this part.
07 CFR 985.70 Separability.
If any provision of this part is declared invalid or the
applicability thereof to any person, circumstance or thing is held
invalid, the validity of the remainder of this part or the applicability
thereof to any other person, circumstance, or thing shall not be
affected thereby.
07 CFR 985.71 Effective time.
The provisions of this subpart, and of any amendment thereto, shall
become effective at such time as the Secretary may declare and shall
continue in force until terminated or suspended in one of the ways
specified in 985.72.
07 CFR 985.72 Termination.
(a) Failure to effectuate. The Secretary shall terminate or suspend
the operation of any or all of the provisions of this part upon a
finding that such provisions obstruct or do not tend to effectuate the
declared policy of the act.
(b) Referendum. The Secretary shall terminate the provisions of this
subpart at the end of any marketing year upon a finding that such
termination is favored by a majority of the producers who, during the
preceding marketing year, produced for market more than 50 percent of
the volume of oil so produced: Provided, That termination shall be
effective only if announced before May 31 of the then current marketing
year.
(c) Termination of act. The provisions of this subpart shall, in any
event, terminate whenever the provisions of the act authorizing them
cease to be in effect.
07 CFR 985.73 Proceedings after termination.
Upon termination of the provisions of this part, the Committee shall,
for the purpose of liquidating the affairs of the Committee, continue as
trustees of all the funds and property then in its possession or under
its control, including claims for any funds unpaid or property not
delivered at the time of such termination. The said trustees shall (a)
continue in such capacity until discharged by the Secretary; (b) from
time to time account for all receipts and disbursements and deliver all
property on hand, together with all books and records of the Committee
and of the trustees, to such persons as the Secretary may direct; and
(c) upon the request of the Secretary execute such assignments or other
instruments necessary or appropriate to vest in such person full title
and right to all of the funds, property, and claims vested in the
Committee or the trustees pursuant thereto. Any person to whom funds,
property, or claims have been transferred or delivered, pursuant to this
section, shall be subject to the same obligation imposed upon the
Committee and upon trustees.
07 CFR 985.74 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendment to either thereof, shall not (a) affect or
waive any right, duty, obligation, or liability which shall have risen
or which may thereafter arise in connection with any provision of this
subpart or any regulation issued hereunder, or (b) release or extinguish
any violation of this subpart or any regulation issued hereunder, or (c)
affect or impair any rights or remedies of the Secretary or any other
person with respect to any such violation.
07 CFR 985.74 Subpart -- Administrative Rules and Regulations
07 CFR 985.104 Changed classes of spearmint oil.
Pursuant to 985.4, the classes of spearmint oil contained in that
section are changed by deleting the term and definition ''Class 2'' Oil
and changing the definition of ''Class 1'' Oil. The changed classes are
as follows:
''Class 1'' -- Oil extracted from Scotch Spearmint.
''Class 3'' -- Oil extracted from Native Spearmint.
''Class 4'' -- Oil which has a spearmint flavor, extracted from
plants other than Scotch or Native Spearmint.
(48 FR 53400, Nov. 28, 1983)
07 CFR 985.152 Handling report.
Whenever an allotment percentage has been established for a class of
oil, each handler shall furnish to the Committee at least the following
information for each lot of that class of oil acquired by the handler
from a producer: (a) Name of producer; (b) name of handler; (c) class
of oil acquired; (d) date of acquisition; (e) date when oil was
produced; (f) net weight of oil in the lot; (g) quantity of that class
of oil in the producer's annual allotment available for handler before
this acquisition; and (h) quantity of oil remaining in the producer's
annual allotment after this acquisition. This information shall be
furnished in such manner as the Committee may prescribe. Upon
acquisition the handler or the handler's agent also shall include the
applicable information on the back of the producer's Annual Allotment
Certificate, showing that the acquired oil was within the unused portion
of the producer's annual allotment.
(46 FR 43130, Aug. 27, 1981)
07 CFR 985.153 Issuance of additional allotment base to new and
existing producers.
(a) Definitions. (1) New producer means any person who never was
issued an allotment base by the Committee for a class of oil in any
capacity either as an individual, or as a member of a partnership,
corporation, or any other business unit.
(2) Existing producer means any person who was issued an allotment
based by the Committee for a class of oil in any capacity either as an
individual, or as a member of a partnership, corporation, or any other
business unit. Any person who was initially issued an allotment base
for a class of oil and changed identity of operation, as set forth in
985.53(a), since April 14, 1980, and requests additional allotment base
for that class of oil pursuant to this section, shall be deemed to be an
existing producer.
(b) Requests. Any new or existing producer desiring additional
allotment base for any class of oil made available by the Committee
pursuant to 985.53(d)(1) shall request such base by a date specified by
the Committee prior to the marketing year for which such base will be
made available.
(c) Issuance -- (1) New producers. (i) Regions for the purpose of
issuing additional allotment base to new producers, the production area
is divided into the following regions:
(A) Region 1. Those portions of Montana and Utah included in the
production area.
(B) Region 2. The State of Oregon and those portions of Nevada and
California included in the production area.
(C) Region 3. The State of Idaho.
(D) Region 4. The State of Washington.
(ii) Each year, the Committee shall determine the size of the minimum
economic enterprise required to produce each class of oil. The
Committee shall thereafter calculate the number of new producers who
will receive allotment base under this section for each class of oil.
An equal number of grants of the additional allotment base for each
class of oil that is available to new producers each marketing year
shall be issued to producers within each region. The Committee shall
include that information in its announcements to new producers in each
region informing them when to submit requests for allotment base. The
Committee shall determine whether the new producers requesting
additional base have ability to produce spearmint oil. The names of all
eligible new producers in each region shall be placed in a lot for
drawing. A separate drawing shall be held for each region. If, in any
marketing year, there are not enough requests from eligible new
producers in a region to use all of the additional allotment base
available for that region, such unused allotment base shall be divided
equally among eligible new producers within the other regions receiving
allotment base pursuant to this section. The Committee shall
immediately notify each new producer whose name was drawn and issue that
producer an allotment base in the appropriate amount.
(2) Existing producers. (i) The committee shall review all requests
from existing producers for additional allotment base. With respect to
the additional Class I allotment base for existing producers for the
1987-88 and 1988-89 marketing years, existing producers with less than
2,000 pounds of allotment as of May 1, 1986, who apply and who have the
ability to produce additional quantities of spearmint oil shall be
issued allotment base sufficient to bring them up to a level not to
exceed 2,000 pounds: Provided, That all eligible producers with less
than 2,000 pounds of allotment who apply shall receive 1/2 of the total
amount of allotment base to which they are entitled, effective for the
1987-88 marketing year, and 1/2 of the total amount of allotment base to
which they are entitled, effective for the 1988-89 marketing year:
Provided further, That additional allotment base shall not be issued to
any person that would replace all or part of allotment base such person
has transferred. Additional allotment base in excess of the amount
needed to bring eligible producers up to 2,000 pounds of allotment base
for Class I oil shall be distributed equally among all existing
producers who apply and who have the ability to produce additional
quantities of spearmint oil. With respect to the additional Class III
allotment base for existing producers for the 1987-88 marketing year,
existing producers with less than 2,200 pounds of allotment base as of
May 1, 1986, who apply and who have the ability to produce additional
quantities of spearmint oil shall be issued additional allotment base
sufficient to bring them up to a level not to exceed 2,200 pounds:
Provided, That additional allotment base shall not be issued to any
person that would replace all or part of allotment base such person has
transferred. Additional allotment base in excess of the amount needed
to bring eligible producers up to 2,200 pounds of allotment base for
Class III oil shall be distributed equally among all existing producers
who apply and who have the ability to produce additional quantities of
spearmint oil, and;
(ii) For each marketing year after 1988-89 for Class I oil and
1987-88 for Class III oil, each existing producer of a class of
spearmint oil who requests additional allotment base and who has the
ability to produce additional quantities of that class of spearmint oil
shall be eligible to receive a share of the additional allotment base
for that class of oil. Additional allotment base to be issued by the
committee for a class of oil shall be distributed equally among the
eligible producers for that class of oil. The committee shall
immediately notify each producer who is to receive additional allotment
base by issuing that producer an allotment base in the appropriate
amount.
(d) The person receiving any additional allotment base pursuant to
this section shall submit to the Committee, evidence of an ability to
produce and sell oil from such allotment base in the first marketing
year following issuance of such base. Allotment base issued under this
section shall not be transferred for at least two years following
issuance.
(47 FR 41332, Sept. 20, 1982, as amended at 50 FR 41480, Oct. 11,
1985; 51 FR 45450, Dec. 19, 1986; 56 FR 51829, Oct. 16, 1991)
07 CFR 985.154 Issuance of annual allotments.
(a) Each producer who is a registered holder of an allotment base,
and desiring an annual allotment for the ensuing marketing year, shall
apply to the Committee for that allotment. The registered holder shall
furnish at least the following information: (1) The number of acres of
each species (Scotch or Native) of spearmint planted, or intended to be
planted for harvest in the ensuing marketing year; (2) whether the
spearmint to be harvested in the ensuing marketing year is baby mint
(first year harvest) or mature mint (second year or older harvest); and
(3) any changes in location or production as reported for the preceding
year.
(b) In order to enable the Committee to insure compliance and verify
furnished information, each producer requesting an annual allotment
shall permit the Committee or its representatives, whenever necessary,
to measure the producer's spearmint acreage.
(46 FR 43130, Aug. 27, 1981)
07 CFR 985.155 Identification of oil by producer.
Following the distillation of oil and prior to delivery either to a
handler for handling as salable oil or to the Committee or its designee
for storage as excess oil, each producer shall furnish the following
information to the Committee: Provided, That any class of oil retained
by a producer shall be reported to the Committee within 15 days
following the completion of its distillation.
(a) Producer's name and address; (b) date the oil was put into the
drum; (c) class of oil in the drum; (d) drum identification number;
(e) approximate net weight of the oil; (f) handler's pickup receipt
number, when applicable; (g) destination of oil for storage; (h) name
of the firm where the oil was distilled; and (i) name of the person
submitting the information.
(46 FR 43130, Aug. 27, 1981)
07 CFR 985.156 Transfer of excess oil by producers.
Before November 1 a producer, following notification of the
Committee, may transfer excess oil to another producer to enable that
producer to fill a deficiency in that producer's annual allotment.
(45 FR 71760, Oct. 30, 1980)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .300 through .399) and
''Marketing percentage'' regulations (e.g. sections .200 through .299)
which are in effect for a year or less, will not be carried in the Code
of Federal Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 985.156 PART 987 -- DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA
07 CFR 985.156 Pt. 987
07 CFR 985.156 Subpart -- Order Regulating Handling
Sec.
987.1 Secretary.
987.2 Act.
987.3 Person.
987.4 Area of production.
987.5 Dates.
987.6 Crop year.
987.7 Producer.
987.8 Handler.
987.8a Repacker.
987.9 Handle.
987.10 Handler carry-over.
987.11 Trade demand.
987.12 Marketable dates.
987.13 Free dates.
987.14 Restricted dates.
987.15 Substandard dates.
987.16 Cull dates.
987.17 Graded dates.
987.18 Committee.
987.20 Part and subpart.
987.21 Establishment and membership.
987.23 Term of office.
987.24 Nomination and selection.
987.25 Qualification.
987.26 Vacancies.
987.27 Alternates.
987.28 Expenses.
987.29 Powers.
987.30 Duties.
987.31 Procedure.
987.33 Research and promotion.
987.34 Development.
987.35 Modifications.
987.36 Notice.
987.38 Handlers of record.
987.39 The establishment of minimum standards.
987.40 Additional grade or size regulations.
987.41 Inspection.
987.43 Outlets and specifications for marketable dates.
987.44 Free and restricted percentages.
987.45 Withholding restricted dates.
987.46 Revisions of percentages.
987.47 Surplus.
987.48 Container regulation.
987.50 Application after end of crop year.
987.51 Interhandler transfers.
987.52 Exemption.
987.53 Application of regulations to repackers.
987.55 Outlets for restricted dates.
987.56 Outlets for substandard and cull dates.
987.57 Approved manufacturers or feeders.
987.58 Terminal date.
987.59 Safeguards.
987.61 Reports of handler carryover.
987.62 Reports of dates shipped.
987.63 Reports on restricted dates withheld.
987.64 Reports on disposition of restricted, other marketable,
utility, and cull dates.
987.65 Other reports.
987.66 Certification of reports.
987.67 Confidential information.
987.68 Verification of reports and records.
987.71 Expenses.
987.72 Assessments.
987.76 Compliance.
987.77 Personal liability.
987.78 Separability.
987.79 Derogation.
987.80 Duration of immunities.
987.81 Agents.
987.82 Effective time, suspension, or termination.
987.83 Effect of termination or amendment.
987.84 Amendments.
07 CFR 985.156 Subpart -- Administrative Rules
987.101 Lot.
987.102 Lot number.
987.104 Major marketing promotion.
987.105 Whole equivalent of pitted dates.
987.112 Identification of dates.
987.112a Grade, size, and container requirements for each outlet
category.
987.124 Nomination and polling.
987.138 Handlers of record.
987.141 Inspection and certification.
987.145 Withholding obligation.
987.147 Surplus.
987.151 Interhandler transfers.
987.152 Exemption from regulations.
987.157 Approved date product manufacturers.
987.161 Handler carryover.
987.162 Handler acquisition and disposition.
987.164 Shipments of product dates and disposition of restricted
dates in approved product outlets.
987.165 Other reports.
987.168 Handler records.
987.172 Adjustment of assessment obligation.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 985.156 Subpart -- Order Regulating Handling
Source: 27 FR 6818, July 19, 1962, unless otherwise noted.
07 CFR 985.156 Definitions
07 CFR 987.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any officer or employee of the Department to whom authority has
heretofore been delegated, or to whom authority may hereafter be
delegated, to act in his stead.
07 CFR 987.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and as
reenacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601
et seq.).
07 CFR 987.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 987.4 Area of production.
Area of production means Riverside County, Calif.
(36 FR 15037, Aug. 12, 1971)
07 CFR 987.5 Dates.
Dates means the Deglet Noor, Zahidi, Halawy, and Khadrawy varieties
of domestic dates produced or packed in the area of production.
07 CFR 987.6 Crop year.
Crop year means the 12-month period beginning October 1 of each year
and ending September 30 of the following year.
(43 FR 4250, Feb. 1, 1978)
07 CFR 987.7 Producer.
Producer is synonymous with grower and means any person engaged in a
proprietary capacity in the production of dates for sale.
07 CFR 987.8 Handler.
Handler means any person handling dates which have not been inspected
and certified for handling in the hands of a previous holder and any
repacker: Provided, That for the purposes of 987.21 and 987.24 a
person shall qualify as a handler only if he has acquired the dates
directly from producers.
(32 FR 12595, Aug. 31, 1967, as amended at 43 FR 4250, Feb. 1, 1978)
07 CFR 987.8a Repacker.
Repacker means any wholesaler or jobber who receives packed dates
certified for handling pursuant to 987.41(a), repackages them in
containers other than those in which received, and handles such
repackaged dates.
(32 FR 12595, Aug. 31, 1967)
07 CFR 987.9 Handle.
Handle means to sell, consign, transport, or ship (except as a common
or contract carrier of dates owned by another person) or in any way to
put dates into the current of commerce including the shipment or
delivery of utility dates or cull dates into nonhuman consumption
outlets, except that sales or deliveries, by producers, of other than
cull dates, to a handler within the area of production, or the movement
of dates by a handler to storage for his account within the area of
production, or counties adjoining the area of production, shall not be
considered handling. The Committee, with the approval of the Secretary,
may establish monitoring procedures for storage of dates in Orange, San
Diego, and Yuma Counties.
(36 FR 15037, Aug. 12, 1971, as amended at 43 FR 4250, 4251, Feb. 1,
1978)
07 CFR 987.10 Handler carry-over.
Handler carry-over means, as of any date, all marketable dates then
held by a handler or for his account (whether or not sold), plus the
estimated quantity of marketable dates in ungraded or unprocessed lots
then held by said handler.
07 CFR 987.11 Trade demand.
Trade demand means those quantities of marketable dates which the
Committee finds are required to satisfy the need for dates in specific
outlets in which marketable dates are handled.
(43 FR 4250, Feb. 1, 1978)
07 CFR 987.12 Marketable dates.
Marketable dates means those dates which are certified as equal to or
higher than the applicable minimum grade and size requirements in effect
pursuant to 987.39, and any additional applicable requirements in
effect pursuant to 987.40. Marketable dates shall include but not be
limited to the following:
(a) DAC dates. DAC dates are marketable whole or pitted dates that
are inspected and certified as meeting the grade, size, container, and
identification requirements established by the Committee, with the
approval of the Secretary, for a specific variety for handling in the
United States and Canada.
(b) Dates for further processing. Dates for further processing (FP)
are marketable whole dates acquired by one handler from another handler
that are certified as meeting the same grade and size requirements for
DAC dates, with the exception of moisture requirements, and such
identification requirements applicable to FP dates that are established
by the Committee, with the approval of the Secretary, for any specific
variety.
(c) Export dates. Export dates are marketable whole or pitted dates
that are inspected and certified as meeting the grade, size, container,
and identification requirements established by the Committee, with the
approval of the Secretary, for a specific variety, to be handled in
export to any country or group of countries with the exeption of Canada.
The Committee may establish different requirements for different
countries.
(d) Product dates. Product dates are marketable dates that are
inspected and certified as meeting the applicable grade and size
requirements for dates to be handled in such forms as rings, chunks,
pieces, butter, macerate, paste, or any other forms which the Committee
deems appropriate and which will result in dates moving into consumption
in a form other than that of whole or pitted dates.
(43 FR 4250, Feb. 1, 1978)
07 CFR 987.13 Free dates.
Free dates means dates of any variety that are at the time of
certification destined for consumption in whole or pitted form in the
United States and Canada (and such other countries as the Committee
determines are likely to acquire them at prices reasonably comparable
with prices received domestically) and which are free to be handled
pursuant to any free percentage established by the Secretary in
accordance with 987.44.
(43 FR 4251, Feb. 1, 1978)
07 CFR 987.14 Restricted dates.
Restricted dates means those dates which must be withheld by handlers
pursuant to any restricted percentage established by the Secretary in
accordance with 987.44.
07 CFR 987.15 Substandard dates.
Utility dates means those dates which fail to meet the requirements
for marketable dates but are not cull dates.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4251, Feb. 1, 1978)
07 CFR 987.16 Cull dates.
Cull dates means dates which fail to meet the requirements (with
respect to freedom from defects) prescribed in title 3, group 4, article
24, section 24, section 1434 of the Food and Agricultural Code of
California for dates for use in products or by-products other than
alcohol, brandy, and products not intended for human consumption and any
dates residual from field or packinghouse grading operations.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4251, Feb. 1, 1978)
07 CFR 987.17 Graded dates.
Graded dates means those dates which are eligible for certification
as marketable dates.
07 CFR 987.18 Committee.
Committee means the California Date Administrative Committee
established pursuant to 987.21.
(36 FR 15037, Aug. 12, 1971)
07 CFR 987.20 Part and subpart.
Part means the order regulating the handling of domestic dates
produced or packed in Riverside County, Calif., and all rules,
regulations, and supplementary orders issued thereunder. The aforesaid
order shall be a subpart of such part.
(36 FR 15037, Aug. 12, 1971)
07 CFR 987.20 California Date Administrative Committee
07 CFR 987.21 Establishment and membership.
A California Date Administrative Committee consisting of nine members
is hereby established to administer the terms and conditions of this
part. For each member there shall be an alternate member, and the
provisions of this part applicable to the number, nomination,
qualification and selection of members shall apply in like manner to
alternate members. Three of the members, referred to in this part as
''producer members'', shall be producers or officers or employees of
producers, and shall not be handlers, or directors, officers, or
employees exercising a supervisory or managerial function of a handler.
The six remaining members, referred to in this part as
''producer-handlers'', shall be selected from (a) handlers, or
directors, officers or employees of a handler, or (b) producers who are
also handlers or directors, officers or employees exercising a
supervisory or managerial function of a handler. The Committee, with
the approval of the Secretary, may issue rules and regulations covering
matters of eligibility for producer members, or revising the composition
of the Committee prescribed in this section if it no longer is
representative following a substantial change in the industry.
(43 FR 4251, Feb. 1, 1978)
07 CFR 987.23 Term of office.
The term of office for members and alternate members shall be 2 years
beginning August 1, except such term may be shorter if the Committee
composition is changed in the interim pursuant to 987.21. Each member
and alternate member shall, unless otherwise ordered by the Secretary,
continue to serve until his successor has been selected and has
qualified.
(43 FR 4251, Feb. 1, 1978)
07 CFR 987.24 Nomination and selection.
(a) Nomination for members and alternate members of the Committee
shall be made not later than June 15 of every other year.
(b) Opportunity shall be provided producers and handlers to nominate
individuals to serve on the Committee by establishing a day for polling
and also for casting absentee ballots. Persons will only be able to
vote in nominations for the group in which they would be qualified to
serve on the Committee, and shall nominate the applicable number of
individuals for the positions prescribed pursuant to 987.21. Each
producer, regardless of the number and locations of his date gardens,
voting in the nominations for producer members and producer alternate
members, shall be entitled to one vote for each member and alternate
member position to be filled. The individual receiving the highest
number of votes for a position shall be the nominee. Each person voting
in the nominations for producer-handler members and producer-handler
alternate members, shall be given the opportunity to vote for one member
and one alternate member position. His ballot shall be weighted by the
pounds of dates he had certified as marketable dates, from the beginning
of the then current crop year through April which he produced in his own
gardens or acquired from other producers. The individual receiving the
highest weighted vote for a producer-handler position shall be the
nominee. The Committee, with the approval of the Secretary, may issue
rules and regulations on the manner in which nominees for a position may
be obtained, polling, balloting, absentee ballots, and the weighting of
votes for producer-handler positions when the Committee is restructured
during a term of office.
(43 FR 4251, Feb. 1, 1978)
07 CFR 987.25 Qualification.
Each person selected as a member or alternate member of the Committee
shall, prior to serving on the Committee, qualify by filing with the
Secretary a written acceptance after receiving notice of his selection.
Any member or alternate who, at the time of his selection, was a member
of or employed by a member of the group which nominated him shall, upon
ceasing to be such member or employee, become disqualified to serve
further and his position on the Committee shall be deemed vacant.
07 CFR 987.26 Vacancies.
In the event of any vacancy occasioned by the failure to qualify,
declination to serve, removal, resignation, disqualification, or death
of any person nominated to serve on the Committee, or any member or
alternate member selected by the Secretary, the Committee shall promptly
submit its recommendation to the Secretary of a nominee eligible to
serve in accordance with the requirements specified for the group in
987.21. If the vacancy is for a member position, the Committee shall
recommend appointment of the alternate member if that person is willing
to serve in that position. If the Committee's recommendation is not
submitted within 30 calendar days after such vacancy occurs, the
Secretary may fill such vacancy without regard to nominations, and the
selection shall be made on the basis of representation provided in
987.21.
(43 FR 4251, Feb. 1, 1978)
07 CFR 987.27 Alternates.
An alternate for a member of the Committee shall act in the place and
stead of such member during his absence or in the event of his removal,
resignation, disqualification, or death, until a successor for such
member's unexpired term has been selected and has qualified. In the
event a member and his alternate are unable to attend a meeting of the
Committee, such member or alternate, in that order, may designate an
alternate from the group he represents to act in his place. If neither
a member nor his alternate has designated an alternate as his
replacement, or such designated alternate is unable to serve as the
replacement, the chairman may, with the concurrence of a majority of the
members including alternates acting as members, representing such group,
designate an alternate from such group who is present at the meeting and
is not acting as a member to act in the place and stead of the absent
member.
(27 FR 6818, July 19, 1962, as amended at 36 FR 15038, Aug. 12, 1971;
43 FR 4251, Feb. 1, 1978)
07 CFR 987.28 Expenses.
The members of the Committee shall serve without compensation but
shall be allowed their necessary expenses.
07 CFR 987.29 Powers.
The Committee shall have the following powers:
(a) To administer the terms and provisions of this subpart.
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart.
(c) To receive, investigate, and report to the Secretary complaints
of violations of this subpart, and
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 987.30 Duties.
The Committee shall have, among other things, the following duties:
(a) To act as intermediary between the Secretary and any producer or
handler.
(b) To keep minutes, books, and records which will clearly reflect
all of its transactions and such minutes, books, and other records shall
be subject to examination by the Secretary at any time.
(c) To investigate the growing, handling, and marketing conditions
with respect to dates, to assemble data in connection therewith.
(d) To furnish to the Secretary such available information as may be
deemed pertinent to the administration of this subpart or as he may
request and to give to the Secretary the same notice of meetings of the
Committee as is given to the members of the Committee.
(e) To appoint such employees as it may deem necessary and to
determine the salaries, define the duties and where desirable fix the
bonds of such employees.
(f) To cause the books of the Committee to be audited by a certified
public accountant at least once each crop year and at such other times
as the Committee may deem necessary or the Secretary may request. The
report of each such audit shall show among other things the receipt and
expenditure of funds pursuant hereto. Two copies of such audit shall be
submitted to the Secretary.
(g) To investigate compliance and to use means available to the
Committee to prevent violations of this part.
(h) To furnish the Committee viewpoints of the consumer, the
Committee may utilize a consumer consultant. The consumer consultant
shall have no financial interest in the date industry and shall receive
no compensation, however, such person shall be reimbursed for necessary
expenses attendant to those assignments that the Committee has given
prior support and approval.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4252, Feb. 1, 1978)
07 CFR 987.31 Procedure.
(a) A majority of the Committee shall constitute a quorum.
(b) The Committee shall, from among its members, select a chairman
and such other officers and adopt such rules for the conduct of its
business as it may deem advisable.
(c) For any decision of the Committee to be valid, a concurring vote
of at least five members is required, except as follows:
(1) In matters relating to restructuring Committee composition
pursuant to 987.21, concurrence by at least eight members is required;
(2) In matters relating to establishment, modification and
application of free and restricted percentages pursuant to 987.44 and
987.46, concurrence by at least seven members is required; and
(3) In matters relating to recommendation of any program of paid
advertising or major program of market promotion pursuant to 987.33,
concurrence by at least six members is required.
(d) At all assembled meetings each vote shall be cast in person.
(e) The Committee may vote upon any proposition by mail, or telephone
when confirmed in writing within 2 weeks, or telegram, upon due notice
and full and identical explanation to all members, including alternates
acting as members, but any such action shall not be considered valid
unless unanimously approved.
(f) If the total number of members of the Committee is changed
pursuant to 987.21, the minimum voting requirements shall be in the
same ratio to the revised total number of members, as nearly as
practicable, as the minimum voting requirements prescribed in paragraph
(c) of this section are to nine.
(36 FR 15038, Aug. 12, 1971, as amended at 43 FR 4252, Feb. 1, 1978)
07 CFR 987.31 Market Development
07 CFR 987.33 Research and promotion.
(a) The Committee, with the approval of the Secretary, may establish
or provide for the establishment of marketing research and development
projects, including marketing promotion and paid advertising, designed
to assist, improve, or promote the marketing, distribution, and
consumption of dates. The expenses of such projects shall be paid from
funds collected pursuant to 987.72. Upon conclusion of each program,
but at least annually, the Committee shall summarize and report on the
program status and accomplishments, to its members and the Secretary. A
similar report to the Committee shall be required of any contracting
party on any paid advertising or major program. Also, for each
advertising or major program the contracting party shall be required to
maintain records of money received and expenditures and such shall be
available to the Committee and the Secretary. The Committee shall, with
the approval of the Secretary, establish criteria which will determine
such major program.
(32 FR 12595, Aug. 31, 1967, as amended at 36 FR 15038, Aug. 12,
1971; 43 FR 4252, Feb. 1, 1978)
07 CFR 987.33 Marketing Policy
07 CFR 987.34 Development.
As early as practicable, but no later than October 31, the Committee
shall prepare and submit to the Secretary, a report setting forth its
marketing policy, including data on which it is based, by variety, for
regulation of dates in the crop year.
(a) The committee shall consider such factors as: (1) The estimated
production of dates during the crop year; (2) the estimated production
of DAC dates, export dates, and product dates; (3) the handler carryin
on October 1 of dates of those qualities; (4) the estimated trade
demand in each outlet during the crop year; and (5) the desirable
carryout, by outlet.
(b) If dates to be handled as free dates are not synonymous with
those to be handled in DAC outlets, the Committee shall consider such
additional factors as: (1) The supply of marketable dates that will be
available from the estimated production, and from the October 1 carryin,
that could be used as free dates, and (2) the estimated trade demand for
free dates during the current crop year, and the desirable carryout for
free dates.
(c) The Committee shall submit its recommendation as to grade, size,
and container regulations and its recommendation whether free and
restricted percentages should be established and if so, the free and
restricted percentages and the appropriate withholding factor.
(43 FR 4252, Feb. 1, 1978)
07 CFR 987.35 Modifications.
In the event the Committee subsequently determines that the marketing
policy should be modified due to changing supply or demand conditions,
it shall formulate and submit to the Secretary its modified marketing
policy along with the data which it considered in connection with such
modification.
07 CFR 987.36 Notice.
The Committee shall give notice through newspapers having general
circulation in the area of production or by other means of communication
to producers and handlers of the contents of each marketing policy
report submitted to the Secretary and of each report modifying such
marketing policy. Copies of all such reports shall be maintained in the
office of the Committee where they shall be available for examination by
producers and handlers.
07 CFR 987.38 Handlers of record.
Each crop year but no later than October 10 for continuing handlers
and prior to handling dates in the case of new handlers, any person
desiring to handle dates shall submit a report to the Committee on a
form prescribed by it containing the following information with respect
to all dates which such person expects to handle:
(a) The name and address of each producer;
(b) The location of each date garden; and
(c) The acreage and estimated current season's production thereon.
Those reports required to be filed by October 10 shall reflect
producers who are signed up with the handlers as of October 1 of the
then current crop year. The Committee, with the approval of the
Secretary, may issue rules and regulations to carry out the provisions
of this section.
(43 FR 4252, Feb. 1, 1978)
07 CFR 987.38 Grade Regulation
07 CFR 987.39 The establishment of minimum standards.
In order to effectuate the declared policy of the act, all dates
handled as marketable dates shall meet the requirements of U.S. Grade C,
or if for further processing, U.S. Grade C (Dry) of the effective U.S.
Standards for Grades of Dates, 7 CFR 52.1001: Provided, That the
Secretary, may upon recommendation of the Committee, prescribe other
minimum standards of grades and sizes for marketable dates of any
variety to be handled in any designated outlet. To aid the Secretary in
prescribing such other minimum standards, the Committee shall furnish to
the Secretary the data upon which it acted in recommending such
standards. The provisions hereof relating to minimum standards of
grades and sizes for marketable dates and inspection requirements,
within the meaning of section 2(3) of the act, and any other provisions
relating to the administration and enforcement thereof shall continue in
effect irrespective of whether the season average price to producers for
dates is or is not in excess of the parity level specified in section
2(1) of the act. Notice of the minimum standard regulation shall be
sent by the Committee to all handlers of record. On and after the
effective date of such regulations no handler shall handle dates except
in accordance with such minimum standard.
(32 FR 12596, Aug. 31, 1967, as amended at 43 FR 4252, Feb. 1, 1978)
07 CFR 987.40 Additional grade or size regulations.
Whenever the Committee deems it advisable to establish grade or size
requirements for any variety of dates, in addition to the minimum
standard provided pursuant to 987.39, to govern dates of such variety
to be handled in any designated outlet or to be withheld to meet
withholding obligation, or both, it shall recommend to the Secretary
requirements as to grade based on the effective United States Standards
for Grades of Dates or any modification thereof, and such size
requirements as it may deem appropriate. If the Secretary finds, upon
the basis of such recommendation or other information available to him,
that such additional grade or size regulation, or both such regulations,
will tend to effectuate the declared policy of the act, he shall
establish such regulations. Notice thereof, showing the effective date,
shall be sent by the Committee to all handlers of record. On and after
the effective date no handler shall handle dates of such variety in any
designated outlet or withhold such dates to meet withholding obligation
except in accordance with such regulations.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4252, Feb. 1, 1978)
07 CFR 987.41 Inspection.
(a) Packed dates. Prior to handling any dates packed for handling
each handler shall, at his own expense, cause: (1) An inspection to be
made of such dates in order to ascertain if such dates meet the
applicable grade and size regulations prescribed or provided for in this
part; and (2) a certification for handling to be made of all such dates
as meet such grade and size regulations.
(b) Dates for further processing. Prior to handling any dates for
further processing each handler shall, at his own expense, cause: (1)
An inspection to be made to ascertain if such dates meet the applicable
grade and size requirements effective pursuant to 987.39 or 987.40,
except for character associated with moisture; and (2) a certification
for further processing to be made of all such dates as meet such grade
and size requirements: Provided, That such inspection and certification
requirements shall not apply to inter-handler transfers within the area
of production of field-run dates or graded dates.
(c) Identification and service. All dates handled shall be
identified by seals, stamps, or other means prescribed by the Committee
and affixed to the containers by the handlers under the supervision of
the Committee or the designated inspectors. Inspection shall be
performed by inspectors of the United States Department of Agriculture's
Processed Products Standardization and Inspection Branch or such other
inspection service as may be recommended by the committee and approved
by the Secretary. Handlers shall cause a copy of each inspection
certificate to be furnished to the Committee.
07 CFR 987.41 Volume Regulation
07 CFR 987.43 Outlets and specifications for marketable dates.
Marketable dates shall not be handled or otherwise disposed of except
as provided in this subpart. This shall not preclude dates of better
grades or sizes being handled or otherwise disposed of in any outlet
established for dates of lesser grades or sizes. The Committee, with
the approval of the Secretary, may modify the designations specified in
987.12 to reflect new major outlets and regulatory requirements needed
because of changes in marketing conditions. Marketable dates shall
include but not be limited to the following: DAC dates, Dates for
further processing, Export dates, and Product dates.
(43 FR 4252, Feb. 1, 1978)
07 CFR 987.44 Free and restricted percentages.
(a) Whenever the Committee finds that the available supply of
marketable dates of applicable grade and size available to supply the
trade demand for free dates of any variety is likely to be excessive,
and that limiting the volume of marketable dates to be handled as free
dates through establishment of free and restricted percentages
applicable to such variety of such dates would tend to effectuate the
declared policy of the act, it shall recommend such percentages to the
Secretary. If the Secretary finds, upon the basis of the Committee's
recommendation and supporting data or other information available to
him, that the establishment of such percentages would tend to effectuate
the declared policy of the act, he shall establish such percentages.
The sum of the free and restricted percentages for any crop year shall
equal 100 percent.
(b) The dates handled by any handler in accordance with the
provisions hereof shall be determined to be that handler's quota fixed
by the Secretary within the meaning of section 8a(5) of the act.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4252, Feb. 1, 1978)
07 CFR 987.45 Withholding restricted dates.
(a) Whenever free and restricted percentages for any variety of dates
have been established for a crop year by the Secretary in accordance
with 987.44, each handler shall, at the time of having dates of such
variety certified for handling as free dates (including those for
further processing that are to be handled as free dates), withhold from
handling a quantity of marketable dates of such variety having a weight
equal to the restricted percentage for such variety referrable to the
dates so far certified. The withholding requirement shall not apply to
dates certified for delivery directly to an excess supply removal
program of the Secretary. The weight required to be withheld shall be
determined by dividing the restricted percentage by the free percentage
and applying the resultant withholding factor, rounded to the nearest
one-tenth of one percent, to the weight of dates so certified. The
withholding factor, computed as aforesaid, shall be established by the
Secretary. When pitted dates are certified, the weight to be withheld
shall be determined by dividing the weight of the pitted dates certified
for handling or further processing by a divisor established by the
Committee with the approval of the Secretary and applying the
withholding factor.
(b) Compliance by any handler with the withholding of restricted
dates may be deferred to any date not later than January 31 of any crop
year, upon request to the Committee and when accompanied by a written
undertaking that on or prior to such date, he will have fully satisfied
his withholding obligation. Such undertaking shall be secured by a bond
or bonds to be filed with, and acceptable to, the Committee and with a
surety or sureties acceptable to the Committee, running in favor of the
Committee and the Secretary in an amount conditioned upon full
compliance with such undertaking. The amount shall be determined by
multiplying the poundage of the deferred restricted obligation by a
bonding rate per pound which would provide funds estimated to be
sufficient for the Committee to purchase on the open market a volume of
dates equivalent to the deferred obligation. Such bonding rate shall be
established annually, and modified as necessary, by the Committee. Any
sums collected through default by a handler on his bond shall be used by
the Committee to purchase dates to meet the violated restricted
obligation, reimburse the Committee for expenses relative to the
default, and any excess money remaining shall be refunded to the
defaulting handler. The dates so purchased by the Committee shall be
turned over to the defaulting handler for disposition as restricted
dates. In the event the Committee is unable to purchase a poundage of
dates equal to the defaulted volume, the sums collected shall, after
reimbursement of Committee expenses in connection with the default, be
distributed among all handlers other than the defaulting handler in
proportion to the volume of certified dates handled as free dates
(including those for further processing that were handled as free
dates), during the crop year in which the default occurred.
(c) At any time during the crop year free dates may be inspected and
certified for handling or for further processing as provided in 987.41.
Dates so certified shall, at the time of certification, be identified by
appropriate seals, stamps, or tags to be furnished by the Committee and
to be affixed to the containers by the handler under the direction and
supervision of the Committee or its designated inspectors. The
assessment requirements in 987.72 as well as the withholding obligation
prescribed in paragraph (a) of this section shall be met at the time of
certification. However, a handler who has had more free dates certified
for handling or further processing than he subsequently shipped or
otherwise handled may, upon request to the Committee and with its
approval, have any of such excess quantity of the certified dates
suspended from certification of record or, if damaged or the outlet
changed, removed from certification, and his withholding and assessment
obligations adjusted accordingly. A handler, who has had dates
certified for handling or further processing and has not had them so
suspended from certification of record or removed from certification,
may carry such certified free dates over into the new crop year and need
not pay the assessment nor meet the requirements of any withholding
percentages established for such year.
(d) Dates withheld to meet the withholding obligation shall be stored
at the expense of the handler, in storage of his own choosing and
disposed of in accordance with 987.55. All such dates shall be
inspected and identified by appropriate seals, stamps, or tags to be
furnished by the Committee and to be affixed to the containers by the
handler under the direction and supervision of the Committee or its
designated inspectors. All withholding and movement of restricted
dates, shall be subject to the supervision and accounting control of the
Committee and reports shall be filed as required by this part. Any
handler who during a crop year disposes in restricted outlets of a
quantity of marketable dates in excess of his withholding obligation of
such year may: (1) On written request delivered to the Committee not
later than September 30 of such crop year have a part or all of such
excess transferred, by the Committee, to such other handler or handlers
as he may name, for crediting such other handlers' withholding
obligations incurred in that crop year; and in addition (2) have a part
or all of the remainder of such excess credited to his restricted
obligation of the subsequent crop year: Provided, That the amount of
any such credit shall not exceed that established by the Committee, with
the approval of the Secretary, as the percentage of such withholding
obligation.
(e) On request to the Committee and with its approval, a handler may,
in accordance with the provisions of this paragraph and any applicable
rules and regulations which the Committee may prescribe with the
approval of the Secretary, defer until any date not later than September
30 of the crop year the meeting of any portion of his obligation to
withhold restricted dates by setting aside such amount of graded dates
as will assure a quantity of marketable dates equal at least to the
quantity needed to be withheld to meet his withholding obligation. With
respect to any such dates the handler may set aside in connection with
such a deferment, the Committee may require, if it deems it necessary,
the handler to have made, at his own expense, such inspection as may be
necessary for a determination as to whether such dates conform to the
applicable requirements for dates that may be set aside under this
paragraph. As a condition to the Committee approving the deferment, the
handler shall agree in writing that: (1) He will adequately mark and
identify the set-aside graded dates as such and hold them separate and
apart from other dates; (2) the graded dates will not be removed from
the stacks in which so set aside without the prior written permission of
the Committee; (3) inspection of the dates by the Committee will be
permitted at any reasonable time; and (4) if the quantity, quality, or
size of the set-aside dates is found by the Committee at any time to be
deficient, the handler will promptly set aside such additional or
substitute quantity of graded dates as is necessary to correct the
deficiency.
(f) Upon the Committee prescribing, with the approval of the
Secretary, minimum standards for inspection of field-run dates and
appropriate administrative rules and regulations, a handler may, in
accordance therewith and the provisions of this paragraph, satisfy all
or any part of his obligation to withhold restricted dates by setting
aside field-run dates or by disposing of field-run dates in outlets
prescribed in, or pursuant to, 987.56. The field-run dates shall be of
such quality or size as shall be prescribed in such rules and
regulations. The setting aside, direct disposal, and disposal of any
field-run dates set aside shall occur prior to September 30 of the crop
year in which the withholding obligation occurs. Prior to the disposal
or setting aside of the field run dates, the handler shall have had them
inspected to determine the weight of dates eligible to satisfy
withholding obligation. Upon such disposal or setting aside of the
field-run dates, the handler shall be credited with satisfaction of his
restricted obligation to the extent of the eligible weight of dates. In
permitting the handler to so satisfy his withholding obligation the
Committee shall require the handler to agree in writing that: (1) Any
field-run dates set aside will be held separate and apart from other
dates and appropriately marked; (2) such dates will not be removed from
the stacks in which so set aside for substitution of other dates,
disposition, or for any other reason without prior written permission of
the Committee; and (3) inspection of said dates by the Committee will
be permitted at any reasonable time. In order to satisfy a withholding
obligation by direct disposal of field-run dates into cull outlets, the
disposal shall be under the supervision of the Committee and through
persons on a Committee approved list of feeders and manufacturers. The
handler may, upon giving prior notice to the Committee of any of the
following proposed actions with respect to field-run dates withheld and
obtaining its approval, (i) dispose of any such set-aside, field-run
dates in the same manner as provided for direct disposal (ii) grade such
dates and have the graded dates certified as marketable dates and
withhold or dispose of such marketable dates as restricted dates, or
(iii) substitute for the set-aside, field-run dates an equivalent
quantity of marketable dates which he shall withhold or dispose of as
restricted dates.
(27 FR 6818, July 19, 1962, as amended at 29 FR 9707, July 18, 1964;
36 FR 15039, Aug. 12, 1971; 43 FR 4253, Feb. 1, 1978)
07 CFR 987.46 Revisions of percentages.
The Secretary may, on recommendation of the Committee submitted prior
to January 31 of the crop year, or on the basis of other information
available to him, increase the free percentage to conform with such new
relation as may be found to exist between trade demand for free dates
and available supply of marketable dates of applicable grade and size.
Upon any revision in the free and restricted percentages the control
obligation of each handler with respect to free dates handled or
certified for handling or for further processing by him for the entire
crop year shall be recomputed in accordance with such revised control
percentages. The handler shall be permitted to select, insofar as
practicable, under the supervision and direction of the Committee, the
particular dates to be removed from any dates withheld.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4253, Feb. 1, 1978)
07 CFR 987.47 Surplus.
All cull dates and all substandard dates, including such dates
blended with varieties within the generic term ''dates'' not regulated
by this part, except any utility dates released to human consumption
outlets pursuant to 987.56, are surplus dates of any crop year. No
handler shall ship or deliver such surplus dates to other than the
Committee or its designee(s) for disposition in eligible outlets for
such dates, except that any producer or handler may dispose of any such
surplus dates of his own production within his own livestock feeding
operations. Surplus dates delivered to the Committee shall be disposed
of by it, in those outlets specified in 987.56, at the best prices
attainable and the proceeds returned pro rata, after deduction of
Committee costs, to equity holders. The Committee may assist handlers
with the cleaning, storage, or delivery of surplus dates and may, with
the approval of the Secretary, establish rules and regulations necessary
and incidental to administration of this regulation.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4251, Feb. 1, 1978)
07 CFR 987.47 Container Regulation
07 CFR 987.48 Container regulation.
Whenever the Committee deems it advisable to establish a container
regulation for any variety of dates, it shall recommend to the Secretary
the size, capacity, weight, or pack of the container, or containers,
which may be used in the handling or packaging of dates, or both. If
the Secretary finds upon the basis of such recommendation or other
information available to him that such container regulation would tend
to effectuate the declared policy of the act he shall establish such
regulation and notice thereof showing the effective date shall be sent
by the Committee to all handlers of record. After the effective date of
such regulation, no handler shall handle dates of such variety except in
accordance with such regulation and all other applicable requirements in
effect pursuant to this part.
07 CFR 987.48 Qualifications to Regulation
07 CFR 987.50 Application after end of crop year.
Unless otherwise specified the regulations and the bonding rates
established for any crop year shall continue in effect with respect to
all free dates for which control obligations have not been previously
met, until regulations and bonding rates are established for the new
crop year. Thereupon the withholding obligations for all free dates
handled or certified for handling or for further processing during such
crop year shall be adjusted to the newly established percentages and a
similar adjustment shall be made in any bond or bonds already given for
that crop year.
(27 FR 6818, July 19, 1962, as amended at 43 FR 4253, Feb. 1, 1978)
07 CFR 987.51 Interhandler transfers.
Transfers of dates may be made from one handler to another, and each
handler who so transfers any such dates shall immediately upon the
completion of the particular transfer notify the Committee of the
transfer, specifying the date of the transfer, the quantity and variety
of dates involved, and the name of the receiving handler. If such
transfer is wholly within the area of production, the assessment and
withholding obligations shall be placed on the handler agreeing to
assume them: Provided, That in the absence of the Committee receiving
notice of a specific agreement on such obligations, the buying handler
shall be held accountable. If such transfer is from within the area of
production to any point outside thereof, the assessment and withholding
obligations shall be met by the handler within the area of production.
Except for packed dates inspected and certified for handling prior to
transfer and which are not repacked, any receiving handler (other than a
repacker not otherwise a handler, who shall comply with 987.53) shall
comply with the requirements of 987.41 on all dates, but this shall
apply to repacked dates previously inspected and certified for handling
only if the handler also packs dates received as field-run dates.
(32 FR 12596, Aug. 31, 1967)
07 CFR 987.52 Exemption.
The Committee may exempt from regulation, upon written request of any
producer or handler, the dates he sells to consumers through roadside
stands, local date shops, mail order or specialty outlets, if it
determines that the particular request is not likely to materially
interfere with the objectives of this part. All dates handled pursuant
to exemptions under this section shall be reported to the Committee in
such manner and in such form as the Committee may prescribe. The
Committee shall issue, with the approval of the Secretary, appropriate
rules and regulations establishing the bases on which exemptions may be
granted.
07 CFR 987.53 Application of regulations to repackers.
Repackers shall be exempt from those requirements of this part,
including reporting requirements, with respect to packed dates which had
been certified for handling, pursuant to 987.41(a), prior to receipt,
except that: (a) A repacker who processes such dates by machine pitting
shall comply with the grade, size, inspection, certification, and
identification requirements, and (b) a repacker who repackages such
dates in containers other than those in which received, shall comply
with the then effective container regulations established pursuant to
987.48.
(32 FR 12596, Aug. 31, 1967)
07 CFR 987.53 Disposition of Other Than Free Dates
07 CFR 987.55 Outlets for restricted dates.
Restricted dates may be disposed of only through exportation to such
countries as the Committee may approve or by diversion in product
outlets described in 987.43 which the Committee concludes to be
appropriate and which will result in dates moving into consumption in a
form other than that of whole or pitted dates. To facilitate sales and
promote orderly marketing of any variety of restricted dates handled in
export, the Committee may participate in or negotiate for handlers, the
sale of such dates to meet all or a substantial part of the needs of the
particular country, and, in connection with each such sale, the
Committee shall extend to all handlers an opportunity to participate
therein and shall distribute the returns therefrom to participating
handlers according to their respective contributions of dates. The
Committee, with the approval of the Secretary, may prescribe rules and
regulations governing the opportunity to participate in such sales. The
provisions of this section shall not preclude restricted dates being
disposed of in outlets for utility and cull dates prescribed in 987.56.
(43 FR 4253, Feb. 1, 1978)
07 CFR 987.56 Outlets for utility and cull dates.
Subject to the provisions of 987.47, utility dates and cull dates
may be disposed of without inspection, but only in feed, non-table
syrup, alcohol, or brandy outlets, or in such other outlets for
non-human food products as the Committee with the approval of the
Secretary, may specify: Provided, That whenever the Committee concludes
and the Secretary finds that the use of utility dates of any variety in
certain products for human consumption would tend to effectuate the
declared policy of the act, the Secretary shall specify such products,
and dates of such variety that are inspected and certified as utility
dates may be disposed of for use, or used, in such products: And
provided further, That whenever the Committee concludes and the
Secretary finds that the disposition of utility dates of any variety
through any export outlet would tend to effectuate the declared policy
of the act, the Secretary shall specify such export outlet, and dates of
such variety that are inspected and certified as meeting such grade,
size, container, and identification requirements as may be prescribed by
the Committee with the approval of the Secretary for such outlet may be
so exported.
(29 FR 9707, July 18, 1964, as amended at 43 FR 4251, 4253, Feb. 1,
1978)
07 CFR 987.57 Approved manufacturers or feeders.
(a) Diversion of dates, pursuant to 987.55 or 987.56, shall be
accomplished only by such persons (which may include handlers) as are
approved manufacturers or feeders. Any person may become an approved
manufacturer or feeder if he (1) submits an application to the Committee
in which he agrees, as a condition to approval of his application, to
furnish to the Committee such information as it may require and to
comply with the requirements and restrictions relative to the use and
disposition of such dates, as set forth in this part, and (2) receives
from the Committee written approval of his application. The application
and approval shall be in accordance with such rules, regulations and
safeguards as may be prescribed pursuant to 987.59.
(27 FR 6818, July 9, 1962, as amended at 43 FR 4251, 4253, Feb. 1,
1978)
07 CFR 987.58 Terminal date.
Dates covered by 987.55 and 987.56 shall, by September 30 of the
subsequent crop year (a) in accordance with the applicable requirements
of such sections, be disposed of, or be converted from their whole or
pitted form; or (b) be set aside and marked for disposition pursuant to
the applicable requirements of such sections. The Committee may
prescribe, with the approval of the Secretary, such rules, regulations
and safeguards, pursuant to 987.59, as may be necessary to prevent
dates covered by 987.55 and 987.56 from interfering with the
objectives of this part.
07 CFR 987.59 Safeguards.
The Committee may prescribe, with the approval of the Secretary, such
rules, regulations and safeguards as are necessary to prevent dates
covered by 987.55 and 987.56 from interfering with the objectives of
this part.
07 CFR 987.59 Reports and Records
07 CFR 987.61 Reports of handler carryover.
Each handler shall file each year with the Committee written reports
of his carryover of dates as of March 1, October 1, and at such other
times as the Committee may prescribe: Provided, That during those
seasons when volume regulations are established by the Secretary, the
handler shall file an additional report on his January 1 carryover.
Such reports shall be filed within 10 days of the date of the carryover.
These reporting dates specified may be changed, upon recommendation of
the Committee, together with substantiation of the need therefore, with
the approval of the Secretary.
(43 FR 4253, Feb. 1, 1978)
07 CFR 987.62 Reports of dates shipped.
Each handler who ships dates during a crop year shall submit to the
Committee, in such form and at such intervals as the Committee may
prescribe, reports showing the net weight of dates shipped by him and
such other information pertinent thereto as the Committee may specify.
07 CFR 987.63 Reports on restricted dates withheld.
Each handler from time to time, on demand of the Committee, shall
file with it a report of the restricted dates withheld by him in
satisfaction of his withholding obligation. Such reports shall show
such information as the Committee may require and may be in such form as
the Committee may prescribe.
07 CFR 987.64 Reports on disposition of restricted, other marketable,
utility, and cull dates.
Each handler disposing of any dates pursuant to 987.55 and 987.56
shall promptly thereafter report such disposition to the Committee in
such form as the Committee may prescribe.
(43 FR 4253, Feb. 1, 1978)
07 CFR 987.65 Other reports.
Upon request of the Committee each handler shall furnish to it in
such manner and at such times as it prescribes, such other information
as will enable the Committee to perform its duties and exercise its
powers hereunder.
07 CFR 987.66 Certification of reports.
All reports submitted to the Committee as required in this part shall
be certified to the United States Department of Agriculture and to the
Committee as to the completeness and correctness of the information
therein.
07 CFR 987.67 Confidential information.
All data or other information constituting a trade secret or
disclosing a trade position or business condition shall be received by,
and kept in the custody of, one or more designated employees of the
Committee and information which would reveal the circumstances of a
single handler shall be disclosed to no person other than the Secretary.
07 CFR 987.68 Verification of reports and records.
For the purpose of checking compliance with record keeping
requirements and verifying reports filed by handlers, the Secretary and
the Committee, through its duly authorized employees, shall have access
to any premises where dates are held and, at any time during reasonable
business hours, shall be permitted to examine any dates held and any and
all records with respect to matters within the purview of this part.
Handlers shall furnish labor necessary to facilitate such examinations
at no expense to the Committee. All handlers shall maintain complete
records establish and which accurately show the quantity of dates
handled, disposed of, and withheld. The Committee, with the approval of
the Secretary, may establish the type of records to be maintained. Such
records shall be retained by handlers for not less than two years
subsequent to the termination of each crop year.
(27 FR 6818, July 19, 1962, as amended at 36 FR 15039, Aug. 12, 1971;
43 FR 4253, Feb. 1, 1978)
07 CFR 987.68 Expenses and Assessments
07 CFR 987.71 Expenses.
The Committee is authorized to incur such expenses, including
maintenance of an operating reserve fund, as the Secretary may find are
reasonable and are likely to be incurred by it during each crop year for
the maintenance and functioning of the Committee and for such other
purposes as he determines to be appropriate. The recommendation of the
Committee as to total expenses and allocation thereof for each crop
year, together with all data supporting such recommendation, shall be
submitted to the Secretary within a reasonable time after the marketing
policy for each crop year is recommended.
07 CFR 987.72 Assessments.
(a) Requirement for payment. Each handler shall pay to the Committee
upon demand, on all dates he has certified as meeting the requirements
for marketable dates and utility dates utilized in product outlets
including the eligible portion of any field-run dates certified and set
aside or disposed of pursuant to 987.45(f), his pro rata share of all
expenses which the Secretary finds are reasonable and likely to be
incurred by the Committee during each crop year. Should the condition
arise wherein the utility portion of dates handled in certain other
outlets should not be, in the opinion of the Committee, subject to the
payment of assessments on that portion, the Committee may recommend and
the Secretary approve by rulemaking, such exclusion. Each handler's pro
rata share shall be the rate of assessment per hundredweight fixed by
the Secretary. At any time during or after a crop year the Secretary
may increase such assessment rate to secure sufficient funds to cover
unanticipated expenses or a deficit in assessable poundage. Any such
increase shall apply to all assessable poundage of the crop year. The
Committee may accept payments of assessments in advance and may borrow
money in any amount not to exceed 10 percent of the estimated expenses
set forth in its budget for the then crop year. The assessment weight
of pitted dates shall be determined by dividing the weight of such dates
by a divisor established by the Committee with the approval of the
Secretary.
(b) Surplus expenses. The Committee is authorized to use temporarily
funds derived from assessments collected pursuant to paragraph (a) of
this section to defray expenses incurred in disposing of surplus dates.
All such expenses shall be deducted from the proceeds obtained by the
Committee from such disposal.
(c) Operating reserve. The Committee, with the approval of the
Secretary, may establish and maintain during one or more crop years an
operating monetary reserve in an amount not to exceed 50 percent of the
average of expenses incurred during the most recent five preceding crop
years, except that an established reserve need not be reduced to conform
to any recomputed average. Funds in reserve shall be available for use
by the Committee for expenses authorized pursuant to 987.71.
(d) Refunds. Funds held by the Committee at the conclusion of the
crop year in excess of the crop year's expenses, including reserve
requirements, may be used to defray expenses for no more than the
ensuing four months, and thereafter within a reasonable time the
Committee shall credit, or upon demand, refund the aforesaid excess to
handlers who contributed to such excess: Provided, That the excess due
any handler may be applied, in whole or in part, by the Committee to any
outstanding obligation due the Committee from such handler. A handler's
share of the excess funds shall be the amount of assessments he paid in
excess of his actual pro rata share of the expenses, including reserve
requirements, of the Committee for the preceding crop year. Upon
termination of this subpart any money in possession of the Committee
shall be distributed in such manner as the Secretary may direct:
Provided, That, to the extent practicable, such funds shall be returned
pro rata to the persons from whom such funds were collected.
(27 FR 6818, July 19, 1962, as amended at 29 FR 9707, July 18, 1964;
43 FR 4253, Feb. 1, 1978)
07 CFR 987.72 Miscellaneous Provisions
07 CFR 987.76 Compliance.
No handler shall handle any dates (including dates for further
processing) except in conformity with, and as authorized by or pursuant
to, the applicable provisions of this part, including but not being
limited to the regulations relating to grade, size, and volume; and no
handler shall use or otherwise dispose of restricted dates or any other
dates which have not been certified for handling or for further
processing except in conformity with, and as authorized by or pursuant
to, the applicable provisions of this part.
07 CFR 987.77 Personal liability.
No member or alternate member of the committee, or any employee or
agent thereof, shall be held personally responsible, either individually
or jointly with others, in any way whatsoever, to any handler or any
other person for errors in judgment, mistakes, or other acts either of
commission or omission, as such member, alternate member, agent, or
employee, except for acts of dishonesty, willful misconduct or gross
negligence.
07 CFR 987.78 Separability.
If any provision of this part is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this part or the applicability
of this part to any other person, circumstance, or thing shall not be
affected thereby.
07 CFR 987.79 Derogation.
Nothing contained in this part is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 987.80 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon its termination except with
respect to acts done under and during its existence.
07 CFR 987.81 Agents.
The Secretary may, by a designation in writing, name any person,
including any officer or employee of the United States Government, or
name any bureau or division of the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this part.
07 CFR 987.82 Effective time, suspension, or termination.
(a) Effective time. The provisions of this part, as well as any
amendments hereto, shall become effective at such time as the Secretary
may declare, and shall continue in force until terminated or suspended
in one of the ways hereinafter specified in this section.
(b) Suspension or termination -- (1) Failure to effectuate policy of
act. The Secretary shall terminate or suspend the operation of any or
all of the provisions of this part, whenever he finds that such
provisions do not tend to effectuate the declared policy of the act.
(2) When favored by growers. The Secretary shall terminate the
provisions of this part at the end of any crop year whenever he finds
that such termination is favored by a majority of the growers of dates
who, during that crop year, have been engaged in the production for
market of dates in the area of production: Provided, That such majority
have, during such period, produced for market more than 50 percent of
the volume of such dates produced for market within said area; but such
termination shall be effective only if announced on or before August 1
of the then current crop year.
(3) If enabling legislation is terminated. The provisions of this
part shall, in any event, terminate whenever the provisions of the act
authorizing them cease to be in effect.
(c) Proceedings after termination -- (1) Designation of trustees.
Upon the termination of the provisions hereof, the members of the
Committee then functioning shall continue as joint trustees, for the
purpose of liquidating the affairs of the Committee, of all funds and
property then in the possession or under the control of the Committee,
including claims for any funds unpaid or property not delivered at the
time of such termination. Action by said trusteeship shall require the
concurrence of a majority of the said trustees.
(2) Duties of trustees. Said trustees shall continue in such
capacity until discharged by the Secretary; shall, from time to time,
account for all receipts and disbursements and deliver all property on
hand, together with all books and records of the Committee and the joint
trustees, to such person as the Secretary may direct; and shall, upon
request of the Secretary, execute such assignments or other instruments
necessary or appropriate to vest in such persons full title and right to
all funds, property, and claims vested in the Committee or the joint
trustees pursuant hereto.
(3) Obligations of persons other than Committee members and trustees.
Any person to whom funds, property, or claims have been transferred or
delivered by the Committee or its members, pursuant to this section,
shall be subject to the same obligations imposed upon the members of the
said Committee and upon the said joint trustees.
(27 FR 6818, July 19, 1962, as amended at 36 FR 15039, Aug. 12, 1971)
07 CFR 987.83 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
hereof or of any regulation issued pursuant to this part, or the
issuance of any amendment to either thereof, shall not --
(a) Affect or waive any right, duty, obligation, or liability which
shall have arisen or which may thereafter arise in connection with any
provision of this part or any regulation issued hereunder, or
(b) Release or extinguish any violation of this part or of any
regulation issued hereunder, or
(c) Affect or impair any rights or remedies of the Secretary or of
any other person, with respect to any such violation.
07 CFR 987.84 Amendments.
Amendments hereto may be proposed, from time to time by any person or
by the Committee.
07 CFR 987.84 Subpart -- Administrative Rules
Source: 37 FR 23325, Nov. 2, 1972, unless otherwise noted.
07 CFR 987.84 Definitions
07 CFR 987.101 Lot.
Lot means the aggregate quantity of dates of the same variety, style,
type and grade in like containers with like identification either (a)
packed as a continuous production segment, or (b) offered for inspection
as a shipping, storage, or other unit.
07 CFR 987.102 Lot number.
Lot number is synonymous with code and means a combination of letters
or numbers, or both, acceptable to the Committee, showing at least the
date of packing, the variety, and the outlet category of the dates. The
combination of letters or numbers, or both, imprinted on the containers
shall differ from those of any other lot coded within a 3-year period.
07 CFR 987.104 Major marketing promotion.
A major marketing promotion program is one requiring the expenditure
of more than $500 of Committee funds.
(43 FR 28435, June 30, 1978)
07 CFR 987.105 Whole equivalent of pitted dates.
For the purposes of this part, the whole date equivalent weight of
pitted dates shall be determined by dividing the weight of the pitted
dates by 0.83.
(53 FR 39226, Oct. 6, 1988)
07 CFR 987.105 Identification and Outlet Specifications
07 CFR 987.112 Identification of dates.
(a) General. Prior to applying the markings required by this
section, each handler shall remove or delete from each container all
former identifying marks which conflict with those applicable to the
dates currently in the container. Dates of each outlet category shall
be held, stored, or shiped in a manner to preserve their identity.
Except as provided in paragraph (d) of this section, the markings on the
containers shall be not less than five-sixteenths ( 5/16) inch in height
on containers exceeding 5 pounds net weight and not less than one-eighth
( 1/8) inch in height on smaller containers. All markings shall be
legible.
(b) DAC dates. Each handler shall mark every shipping or storage
container (excluding subcontainers) of DAC dates with his name or that
of the distributor for whom the handler is packing, and the lot number.
Under the supervision of the inspection service every container shall be
marked with the date of inspection, the name or insignia of the
inspection service, and the letters ''DAC''.
(c) FP dates. Each handler shall mark every shipping or storage
container (excluding subcontainers) of FP dates with his name or that of
the distributor for whom the handler is packing, and the lot number.
Under the supervision of the inspection service every container shall be
marked with the date of inspection, the name or insignia of the
inspection service, and the letters ''FP''.
(d) Export dates. Each handler shall mark every shipping or storage
container (excluding subcontainers) of Export dates with his name or
that of the exporting firm, and the lot number. If the dates, including
fieldrun dates with cull dates removed, are certified as meeting the
grade and size requirements for export to approved countries other than
Mexico, the containers shall be marked ''Export''. Dry dates for
processing packed for shipment to approved countries shall be marked
''Export Dry''. Dates packed for export to Mexico shall be marked
''Export Mexico''. However, ''Export Mexico'' shall be in letters not
less than three-fourths ( 3/4) inch in height on containers exceeding 5
pounds net weight, and not less than one-eighth ( 1/8) inch in height on
smaller containers. DAC dates and FP dates, marked pursuant to
paragraphs (b) and (c), respectively, of this section, may be exported
without change of marking.
(e) Product and utility dates. Each handler shall mark every
shipping or storage container (excluding subcontainers) of Product
dates, or Utility dates when approved for use in products, with the lot
number and, if for shipment outside the area of production, with the
word ''Product'' or ''Utility'', as applicable. Whenever a handler, or
an approved date product manufacturer, utilizes a procedure that
maintains the identity of the lot and assures that the dates will be
used in products or exported, the Committee may waive the requirements
of this paragraph for that lot.
(f) Unidentified dates. If a handler loses the identity of any lot
of dates previously inspected and certified as marketable dates, the
certification as to such lot shall be void.
(43 FR 28436, June 30, 1978)
07 CFR 987.112a Grade, size, and container requirements for each outlet
category.
(a) In lieu of the minimum standards prescribed in 987.39, the
following standards are prescribed as the minimum grades and sizes for
marketable dates to be handled in the applicable outlets. These
standards shall continue in effect irrespective of whether the season
average price to producers for dates is or is not in excess of the
parity level specified in section 2(1) of the act.
(b) DAC dates. (1) All varieties of DAC dates may be handled in the
United States, Canada, or any other outlet established for dates of
lesser grades or sizes.
(2) DAC dates of any variety shall at least meet the requirements of
U.S. Grade B, except that up to 25 percent, by weight, of the dates may
possess semi-dry of dry calyx ends, but not more than 5 percent, by
weight, of the dates may possess dry calyx ends. Also, with respect to
whole dates of the Deglet Noor variety, the individual dates in the
sample from the lot shall weight at least 6.5 grams, but up to 10
percent, by weight, may weigh less than 6.5 grams, except beginning
January 3, 1991 and ending October 31, 1991, the 10 percent tolerance
shall be increased to 15 percent. These size requirements are in
addition to, and do not supersede, the requirements as to uniformity of
size prescribed in the grade standards.
(3) DAC dates of any variety, when packed in plastic containers,
other than bags and master shipping containers, shall contain a net
weight (i) for whole dates, of either eight ounces, twelve ounces, 1
pound 8 ounces, or two pounds or more, and (ii) for pitted dates, of
either seven ounces, ten ounces, one pound, one pound eight ounces, or
two pounds or more. DAC dates packed in other than plastic containers
may be handled without regard to the net weight content. For the
purpose of this subparagraph, ''plastic container'' means any containers
of any shape made from plastic and in which dates are packed without the
use of cardboard boats, trays, or other like stiffening material:
Provided, That DAC dates shipped for sale in Canada in plastic
containers are exempt from the net weight requirements of this
subparagraph.
(4) The California Date Administrative Committee may designate with
the approval of the Secretary such other types and sizes of containers
for testing in connection with a research project conducted by or in
cooperation with the Committee. The time period and the quantity of
dates which may be marketed by handlers during that period shall be
designated by the Committee for each market research project. The
handling of each lot of dates in such test containers shall be subject
to the prior approval, and under the supervision, of the Committee.
(c) Dates for further processing. (1) Except as provided in
987.152(b)(1), all varieties of FP dates may be disposed of only (i) to
persons in the United States capable of processing and packing the dates
and having them certified as DAC dates, or (ii) exported to the
countries designated in paragraph (d)(2) of this section.
(2) FP dates of any variety shall at least meet the requirements of
U.S. Grade B (dry). Also, with respect to whole dates of the Deglet
Noor variety, the individual dates in the sample from the lot shall
weight at least 6.5 grams, but up to 10 percent, by weight, may weigh
less than 6.5 grams, except beginning January 3, 1991 and ending October
31, 1991, the 10 percent tolerance shall be increased to 15 percent.
Also, with respect to whole dates of the Deglet Noor variety, the
individual dates in the sample from the lot shall weigh at least 6.5
grams, but up to 10 percent, by weight, may weigh less than 6.5 grams,
except beginning October 1, 1985, and ending September 30, 1986, the 10
percent tolerance shall be increased to 15 percent. These size
requirements are in addition to, and do not supersede, the requirements
as to uniformity of size prescribed in the grade standards.
(d) Export dates. (1) Dates of any variety identified as ''Export''
dates and inspected and certified as meeting the requirements of this
subparagraph may only be exported to any country except Canada. Such
dates shall at least meet the requirements of U.S. Grade C: Provided,
That Deglet Noor dates shall score not less than 31 points for character
and 24 points for absence of defects but up to 40 percent, by weight, of
the dates may be damaged by broken skin.
(2) Export of dry dates. Dates of any variety identified and
certified as meeting the requirements of this subparagraph only may be
exported to the following designated date producing and processing
countries in North Africa: Morocco, Algeria, Tunisia, Libya, /1/ Egypt,
and Sudan; the following date processing and consuming countries north
of the Mediterranean Sea: Spain, France, Belgium, West Germany, Italy,
France, Greece, and the Netherlands; and the following date processing
and consuming country in Asia: Japan. Such dates shall at least meet
U.S. Grade C (dry) except for defects removable by washing: Provided,
That Deglet Noor dates shall score not less than 31 points for character
and 24 points for absence of defects but up to 40 percent, by weight, of
the dates may be damaged by broken skin.
(3) Dates of any variety identified as ''Export -- Mexico'' and
inspected and certified as at least meeting the requirements of U.S.
Grade C may be exported only to Mexico. No dates shall be exported to
Mexico unless the handler certifies to the Committee and the U.S.
Department of Agriculture, on CDAC Form No. 11(a), which shall be
submitted to the Committee, that the importing buyer has agreed that
such dates will not reenter the United States or be shipped to Canada.
The form shall show the identity of the handler, the trucker, the
importer, the destination of the dates, the location of the
border-crossing station, and such other information as the Committee
deems appropriate to perform its duties and excercise its powers under
this part.
(4) Whenever field-run dates of any variety are authorized for export
to any country, each lot shall consist of at least 85 percent, by
weight, of sound dates. ''Sound dates'' means individual dates which
are at least U.S. Grade C in character and are free of the defects --
other than those removable by washing -- scored to determine the point
requirement applicable to their intended destination.
(5) Dates meeting the grade and size requirements of this paragraph
may be disposed of in outlet categories established for dates of lesser
grades and sizes.
(e) Product dates. (1) Dates of any variety identified as
''Product'' dates and inspected and certified as at least meeting the
requirements of this paragraph may be disposed of by handlers for use or
used by them in the production of table syrup, rings, chunks, pieces,
butter, paste, and macerated dates or other products approved by the
Committee. If the handler does not use the dates in products, he may
sell them to: (i) Other handlers within the area of production for
conversion into products, or (ii) to date product manufacturers approved
by the Committee regardless of their location. Once the dates have been
converted from their whole or pitted form, they may be shipped to any
market in the United States, Canada, or foreign country.
(2) Product dates of any variety and identified as ''Product'' shall
meet the requirements of U.S. Grade C, except that mashing and
mechanical injury not affecting eating quality shall not be considered
in determining the defect factor.
(f) Change of outlet. A handler may change the outlet category for
any lot of dates: Provided, That prior to such change, the handler
files a completed CDAC Form No. 1(a) and a new inspection certificate
with the Committee. If the grade and size requirements of the new
outlet category are the same as or less than the requirements of the
outlet category previously intended, only a condition inspection is
required. If the grade and size requirements of the new outlet category
are greater, a complete inspection is required. The handler shall
change the marking on the containers to conform with the identification
requirements prescribed in 987.112 for the new outlet.
(g) Deteriorated dates. Any marketable dates which deteriorated in
quality so that they are either utility or cull dates may be disposed of
only in the applicable outlets for such dates or they may be
reconditioned and upon reconditioning, the modified lot may be
reinspected and recertified, as applicable.
(43 FR 28436, June 30, 1978, as amended at 47 FR 4489, Feb. 1, 1982;
47 FR 23417, May 28, 1982; 48 FR 176, Jan. 11, 1983; 51 FR 4478, Feb.
5, 1986; 52 FR 35530, Sept. 22, 1987; 53 FR 35994, Sept. 16, 1988;
56 FR 778, Jan. 9, 1991)
/1/ Executive Order 12543 of January 7, 1986 (51 FR 875), prohibits
trade and certain transactions involving Libya, and is applicable to
exports of dates under this marketing order as long as the executive
order is in effect. That order, among other things, prohibits the
exports to Libya of any goods, technology (including technical data or
other information) or services from the United States, except
publications and donations of articles intended to relieve human
suffering, such as food, clothing, medicine and medical supplies
intended strictly for medical purposes.
07 CFR 987.112a Nominations
07 CFR 987.124 Nomination and polling.
(a) Date producers and producer-handlers shall be provided an
opportunity to nominate individuals to serve on the Committee. For this
purpose, the Committee shall establish a date and place for polling
prior to June 15 of each even-numbered year and establish a procedure
for casting absentee ballots. The date and place of polling shall be
announced at least 6 weeks prior to the polling date by letters to all
known date producers and producer-handlers and by Committee press
releases to local newspapers and other news media in the date-producing
area. Such letters and press releases shall: (1) Include the names of
incumbents who are willing to continue serving on the Committee; (2)
inform eligible producers and producer-handlers of the opportunity to
propose additional names to be included on the nomination ballots; and
(3) state when and where absentee ballots will be available. Additional
names to be included on the nomination ballot must be received by the
Committee at least 4 weeks prior to the polling date. Absentee ballots
and instructions for completing and returning the ballots will be made
available by the Committee at least 3 weeks prior to the polling date.
Any person eligible to vote must request the ballot in person at the
Committee's office or must submit a written request to the Committee for
an absentee ballot. All ballots shall provide for write-in candidates
and must be returned by the close of business on the polling date to be
counted.
(b)(1) Producers. Each producer may vote for three producer members
and three producer alternate members. No producer may vote more than
once for any one person. The three individuals receiving the highest
number of votes for the producer member positions shall be the producer
member nominees. Individuals nominated for producer member and failing
to receive enough votes to become a producer member nominee shall have
their names listed with those nominated for producer alternate members
and the votes cast for them as member shall be counted with any votes
they received for producer alternate member. The three individuals
receiving the highest number of votes for the producer alternate member
positions shall be the producer alternate member nominees.
(2) Producer-handlers. Each producer-handler may vote for one
producer-handler member and one producer-handler alternate member, and
these votes shall be weighted as provided in 987.24. No
producer-handler may vote more than once for any one person. The six
individuals receiving the highest weighted votes for the
producer-handler member positions shall be the producer-handler member
nominees. Individuals nominated for producer-handler member and failing
to receive enough votes to become a producer-handler member nominee
shall have their names listed with those nominated for producer-handler
alternate members and the votes cast for them as member shall be counted
with any votes they received for producer-handler alternate member. The
six individuals receiving the highest weighted vote for producer-handler
alternate member positions shall be the alternate member nominees.
(43 FR 28437, June 30, 1978)
07 CFR 987.138 Handlers of record.
Prior to handling dates, each person shall file CDAC Form No. 18
with the Committee at the times, and containing the information,
prescribed in 987.38.
(43 FR 28437, June 30, 1978)
07 CFR 987.138 Inspection
07 CFR 987.141 Inspection and certification.
Each handler shall furnish, or cause the inspection service to
furnish, to the Committee a copy of the inspection certificate issued to
him on each lot of dates, and such certificate shall contain at least
the following information: (a) The date of inspection; (b) the name of
the handler; (c) the lot number and the applicable outlet category set
forth in 987.112a; (d) the variety of dates and weight of the lot;
(e) the number and type of containers in the lot; and (f) if the dates
(1) are other than field-run dates, a certification as to the grade of
the dates and whether or not they meet the applicable grade, size,
container, and identification requirements, or (2) are field-run dates,
a certification showing the percentage by weight, of sound dates in the
lot, and whether or not they meet the identification requirements for
such dates.
(43 FR 28437, June 30, 1978)
07 CFR 987.141 Volume Regulation
07 CFR 987.145 Withholding obligation.
(a) Satisfying the withholding obligation. Any handler may satisfy
all or part of his withholding obligation for any variety of dates for
which free and restricted percentages have been established by having an
adequate quantity of that variety inspected and certified as meeting the
applicable grade, size, and container requirements prescribed by the
Committee for any approved restricted date outlet.
(b) Credit for excess disposition in restricted outlets. Disposition
of marketable dates in restricted outlets in excess of a handler's
withholding obligation may be: (1) Transferred pursuant to 987.45 upon
such handler filing a completed CDAC Form No. 14 with the Committee, or
(2) credited to the handler's withholding obligation of the following
crop year so long as the excess disposition exceds 199 pounds. However,
the quantity so credited shall never exceed 40 percent of the handler's
withholding obligation of the crop year in which the excess disposition
occurred and 100 percent of the withholding obligation incurred by him
during October through December of the crop year following the crop year
in which such excess disposition occurred. All such crediting or
accumulation shall be contingent upon the Committee receiving, in due
course, confirmation that the dates were disposed of in eligible
restricted outlets. With respect to exports, the withholding credit
shall be granted upon the Committee receiving notification from the
inspection service, and in due course a copy of the on board bill of
lading or other documentary evidence satisfactory to the Committee.
(c) FP dates. Withholding obligations on FP dates shall be based on
the weight of such dates when they are inspected and certified.
However, if such dates are subsequently processed and packed within the
area of production, the withholding obligation shall be adjusted to
reflect any increase in weight.
(d) Dates for deferment of withholding. Any handler may defer his
certification and withholding or disposition of restricted dates by
pledging a comparable volume of graded or field-run dates as a surety
that he will meet his withholding obligation at a later date. Such
deferment shall not be effective until: (1) The handler files with the
Committee a CDAC Form No. 12 to set aside graded dates or CDAC Form No.
13 to set aside field-run dates; and (2) the pledged dates are set
aside as a lot and identified by the handler as ''Restricted'' and as
''Graded'' or ''Field-Run'', as appropriate, and as to the number of
containers, the date of set-aside and whether or not the dates have been
inspected. If the handler sets aside field-run dates or disposes of
field-run dates in outlets prescribed in or pursuant to 987.56 to
obtain withholding credit for the sound date portion in the lot, the
field-run dates shall meet the requirements prescribed in paragraph (f)
of this section for eligible field-run dates, as determined by the
inspection service.
(e) Identification of restricted dates. Any lot of restricted dates
not immediately disposed of through exportation to countries approved by
the Committee or directed to approved product outlets shall be stored as
a lot separate from all other dates and in a specified location with a
USDA inspection service tag marked ''Restricted''.
(f) Field-run dates. Field-run dates set aside for the purpose of
deferring or meeting any part or all of a withholding obligation shall
consist of at least 70 percent, by weight, of sound dates but may
contain 10 percent, by weight, of cull dates of which not more than 5
percent may be hidden culls -- i.e., dates with internal defects
including souring, mold, fermentation, insect infestation, or foreign
material.
(g) Substitution. Any handler may, under the direction and
supervision of the Committee or the inspection service, substitute for
any quantity of restricted dates held by him a like quantity of dates of
the same variety and of the same or more recent year's production which
have been certified and identified as meeting the requirements for
restricted dates.
(43 FR 28437, June 30, 1978)
07 CFR 987.145 Surplus
07 CFR 987.147 Surplus.
(a) General. Surplus dates delivered to the Committee pursuant to
987.47 shall be pooled for sale to livestock feeders, distillers, or
manufacturers of inedible products: Provided, That if any portion of
the deliveries differs sufficiently to require separate handling, and
earn a different average return, such portion shall be handled as a
separate pool. The income from sale of surplus, after deduction of
committee expenses, shall be paid to the respective equity holders in
the pool or pools, or to their assignees, on the basis of the weight of
dates each delivered.
(b) Delivery. The Committee may refuse delivery of any surplus dates
which it determines are excessively soured, fermented, or adulterated by
palm debris, rocks, paper, wood, plastic liners, or other foreign
material. If the Committee refuses delivery, the deliverer shall be
permitted to clean such dates sufficiently to make them acceptable to
the Committee. The weight of each accepted delivery shall be that
determined by a public weightmaster or, in the absence of such weight,
that determined by the Committee on the basis of the number and size of
the containers used in the delivery. Upon delivery of surplus dates to
the Committee, the deliverer, or a designee of the Committee shall
execute CDAC Form SP-1, Delivery Manifest, showing: (1) The person to
receive payment of the net proceeds for the surplus, (2) the date and
place of loading, (3) if field surplus, the location and owner of the
garden, (4) the type and number of containers loaded or dumped, (5) the
net weight of the load, and (6) if the delivery is directly to a buyer's
truck, the driver, truck and buyer.
07 CFR 987.147 Qualification to Regulation
07 CFR 987.151 Interhandler transfers.
When any handler transfers dates, other than product dates, to
another handler, the selling handler shall promptly notify the Committee
by filing with it a completed CDAC Form No. 1 and shall show the name
and address of the transferring or selling handler and of the receiving
or buying handler, the variety and processed category or classification
of the dates, the lot number and inspection certificate number on any
lot of packed and certified dates, the number and type of containers,
the net weight of the transferred dates, and if applicable, the
transferring handler's statement on assuming the withholding and
assessment obligation. A transfer of products dates between handlers
shall be reported as a disposition by the selling handler filing with
the Committee a completed CDAC Form No. 8.
(37 FR 23325, Nov. 2, 1972, as amended at 43 FR 28438, June 30, 1978)
07 CFR 987.152 Exemption from regulations.
(a) Producer exemption. The Committee may permit any producer to
sell dates of his own production free of the requirements of 987.41,
987.45, 987.48, and 987.72 when sold directly to consumers through a
roadside stand or date shop owned or operated by him within 25 miles of
the city limits of Indio, Calif., or through shipments by parcel post or
express. Permission to so sell dates shall be granted only upon the
producer filing with the Committee a completed CDAC Form No. 9 wherein
the producer describes how he plans to sell and agrees to sell only
dates of DAC date quality of his own production in his direct sales and
to report his sales. If the producer fails to comply with his agreement
the Committee may revoke any or all exemptions granted the producer.
(b) Handler exemptions -- (1) Specialty sales. The Committee may
permit any handler to sell to health food stores or health food outlets,
dates which at least meet the requirements for FP dates. It may permit
any handler to sell to a candy manufacturer hand-pitted dates which meet
the grade requirements for DAC dates except for size, or damage due to
cutting and pitting. Also, it may permit any handler to sell
hand-layered dates in tin, wood, plastic, or other type of container
exempt from 987.41(a) and 987.48, or to make shipments by common
carrier of up to 150 pounds to any one purchaser in any one day exempt
from the provisions of 987.41(a): Provided, That the hand-layered
dates or the shipment to a single purchaser in any 1 day have been
packed from dates certified as meeting the grade requirements for DAC
dates and have not been commingled with other dates. Permission to use
these exemptions shall be granted only upon the handler filing with the
Committee its CDAC Form No. 10 wherein he describes how he plans to
sell, and agrees to sell only specific dates and to report such sales.
(2) Donations. The Committee may permit any handler to donate
marketable dates other than DAC dates to needy persons, prisoners, or
Indians on reservations. Before such donation is made, such handler
shall file a request for donation with the Committee detailing the
quantity and grade of dates involved and the name and address of the
intended donee. The donation may be subject to Committee surveillance,
verification by written documentation of receipt by the donee, and any
other safeguards necessary to assure consumption in these outlets.
(37 FR 23325, Nov. 2, 1972, as amended at 43 FR 28438, June 30, 1978;
53 FR 35994, Sept. 16, 1988)
07 CFR 987.157 Approved date product manufacturers.
Any date handler or other person with facilities for converting dates
into products may apply to the Committee, by filing CDAC Form No. 3,
for listing as an approved date product manufacturer. The applicant
shall indicate on such form the products he intends to make, the
quantity of dates he may use, and the location of his facilities. In
addition, as a condition of approval, the applicant shall agree on such
form not to use any of the products dates for sale as whole or pitted
dates, to file a report of the disposition of each lot on the
Committee's Form No. 8, and to file an annual usage and inventory
report on CDAC Form No. 4. The Committee shall approve or disapprove
each such application on the basis of the information furnished or its
own investigation, and may revoke any approval for cause. The name and
address of all approved manufacturers shall be placed on a list and made
available to interested persons.
07 CFR 987.157 Reports and Records
07 CFR 987.161 Handler carryover.
Each handler shall file with the Committee, a report of his carryover
of dates as of March 1 and October 1 and, when volume regulation is
established, as of January 1. This report shall be on CDAC Form No. 5
and shall show, by variety, at least: (a) The quantity of DAC dates
held within and outside the area, (b) the quantity of FP dates held
within the area, (c) the quantity of export dates, and (d) the quantity
of dates held graded but not certified, and as field-run, segregated as
to outlet category.
(43 FR 28438, June 30, 1978, as amended at 53 FR 35995, Sept. 16,
1988)
07 CFR 987.162 Handler acquisition and disposition.
Handlers shall file CDAC Form No. 6 with the Committee by the 10th
of each month, reporting at least the following for the preceding month:
(a) Their acquisition of field run dates; (b) their shipments of
marketable dates in each outlet category; (c) their shipments of free
dates and disposition of restricted dates, whenever applicable, and (d)
their purchase from other handlers of DAC, Export, Product, Graded and
field run dates. In addition, this report shall include the names and
addresses of any producers not previously identified pursuant to
987.38, the quantity of dates acquired from each producer, the location
of such producer's date garden, the acreage of that garden, and the
estimated current season's production from that garden.
(46 FR 9917, Jan. 30, 1981)
07 CFR 987.164 Shipments of product dates and disposition of restricted
dates in approved product outlets.
Each handler shall file with the Committee a completed CDAC Form No.
8 showing the shipment of each lot of product dates or the disposition
of restricted dates in approved product outlets. This report shall be
filed promptly after shipment or disposition of those dates and shall
identify the lot, the outlet, the number of containers, and the net
weight of the dates. If such dates are sold to an approved date product
manufacturer, a copy of the completed form shall be signed and dated by
the manufacturer and returned to the Committee. If the lot was
certified as product dates and is exported to Mexico, the handler shall
submit completed CDAC Form No. 8 together with completed CDAC Form No.
11(a) to the Committee.
(43 FR 28439, June 30, 1978, as amended at 53 FR 35995, Sept. 16,
1988)
07 CFR 987.165 Other reports.
(a) Exempt sales. Each handler shall file with the Committee, a
completed CDAC Form No. 2 showing the quantity and variety of dates
sold under exemption during the crop year. The report shall be filed
upon the completion of such sales or promptly after the end of the crop
year.
(b) Products. Each approved date product manufacturer shall file
with the Committee a completed CDAC Form No. 4 showing his beginning
and ending inventories of product dates, the quantity received during
the crop year, the quantity used, the type and quantity of products
manufactured, and his year-end inventory of products. This report shall
be filed promptly after the end of each crop year.
(37 FR 23325, Nov. 2, 1972, as amended at 43 FR 28439, June 30, 1978)
07 CFR 987.168 Handler records.
Each handler shall establish complete records which accurately show
the quantity of dates handled, disposed of, and withheld. These records
shall be maintained for at least 2 years after the end of the crop year
of record. Records shall show:
(a) For grower deliveries of dates, the name of each grower, the
varieties delivered and the net weight of each variety;
(b) For shipments of dates, the variety, type of pack, net weight and
destination or name and address of the person to whom each shipment was
sent;
(c) If different from shipments, the variety, type of pack, net
weight and purchaser of each quantity of dates sold; and
(d) Manifests, invoices, weight certificates, inventory tabulations,
or any other documents necessary to prepare, file, or substantiate the
reports required to be filed with the Committee.
(37 FR 23325, Nov. 2, 1972, as amended at 43 FR 28439, June 30, 1978)
07 CFR 987.172 Adjustment of assessment obligation.
In accordance with 987.45 and 987.72, the assessment obligation of
FP dates shall be based on the weight of the dates at the time of
inspection and certification. However, if such dates are subsequently
processed and packed within the area of production, the assessment
obligation shall be adjusted to reflect any increase in weight and the
obligation shall be placed on the handler agreeing to assume it.
(43 FR 28439, June 30, 1978)
07 CFR 987.172 Pt. 989
07 CFR 987.172 PART 989 -- RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA
07 CFR 987.172 Subpart -- Order Regulating Handling
Sec.
989.1 Secretary.
989.2 Act.
989.3 Person.
989.4 Area.
989.5 Raisins.
989.6 (Reserved)
989.7 Golden Seedless raisins.
989.8 Natural condition raisins.
989.9 Packed raisins.
989.10 Varietal types.
989.11 Producer.
989.12 Dehydrator.
989.12a Cooperative bargaining association.
989.13 Processor.
989.14 Packer.
989.15 Handler.
989.16 Blend.
989.17 Acquire.
989.18 Committee.
989.20 Ton.
989.21 Crop year.
989.22 District.
989.23 File.
989.24 Standard raisins, off-grade raisins, other failing raisins,
and raisin residual material.
989.24a Non-normal outlets.
989.25 Part and subpart.
989.26 Establishment and membership.
989.27 Eligibility.
989.28 Term of office.
989.29 Initial members and nomination of successor members.
989.30 Selection.
989.31 Failure to nominate.
989.32 Acceptance.
989.33 Alternate members.
989.34 Vacancies.
989.35 Powers.
989.36 Duties.
989.37 Obligation.
989.38 Procedure.
989.39 Compensation and expenses.
989.53 Research and development.
989.54 Marketing policy.
989.55 Regulation by the Secretary.
989.56 Raisin diversion program.
989.58 Natural condition raisins.
989.59 Regulation of the handling of raisins subsequent to their
acquisition by handlers.
989.60 Exemption.
989.61 Above-parity situations.
989.62 Authorization for prohibition of trade practices.
989.65 Free and reserve tonnage.
989.66 Reserve tonnage generally.
989.67 Disposal of reserve raisins.
989.70 Storage of raisins held on memorandum receipt and of
packer-owned tonnage.
989.71 Disposition of unsold reserve tonnage in above parity
situations.
989.72 Exemption of educational institutions.
989.73 Reports.
989.75 Confidential information.
989.76 Records.
989.77 Verification of reports and records.
989.79 Expenses.
989.80 Assessments.
989.81 Accounting.
989.82 Expenses of reserve raisin operations.
989.83 Funds.
989.84 Disposition limitation.
989.85 Personal liability.
989.86 Separability.
989.87 Derogation.
989.88 Duration of immunities.
989.89 Agents.
989.90 Effective time.
989.91 Suspension or termination.
989.92 Proceedings after termination.
989.93 Effect of termination or amendment.
989.94 Amendments.
989.95 Right of Secretary.
07 CFR 987.172 Subpart -- Administrative Rules and Regulations
989.102 Inspection service.
989.104 Lot.
989.105 Inspection point.
989.106 Ship.
989.107 Inspection certificate.
989.110 Varietal types.
989.111 Independent producer and small cooperative producer.
989.115 Independent handler, major cooperative marketing association
handler, and small cooperative marketing association handler.
989.122 Districts for independent and small cooperative producer
representation on the Committee.
989.126 Representation of the Committee.
989.129 Voting at nomination meetings.
989.139 Compensation for attendance of alternates at Committee
meetings.
989.154 Desirable carryout levels.
989.156 Raisin diversion program.
989.157 Raisins produced from grapes grown outside of California.
989.158 Natural condition raisins.
989.159 Regulation of the handling of raisins subsequent to their
acquisition.
989.160 Exemptions.
989.166 Reserve tonnage generally.
989.167 Disposal of reserve raisins.
989.173 Reports.
989.176 Records.
07 CFR 987.172 Subpart -- Supplementary Regulations
989.210 Handling of varietal types of raisins acquired pursuant to a
weight dockage system.
989.211 (Reserved)
989.212 Substandard dockage.
989.213 Maturity dockage.
989.221 Sale and export of reserve raisins by handlers.
07 CFR 987.172 Subpart -- Schedule of Payments
989.401 Payment for services performed with respect to reserve
tonnage raisins.
07 CFR 987.172 Subpart -- Conversion Factors
989.601 Conversion factors for raisin weight.
07 CFR 987.172 Subpart -- Quality Control
989.701 Minimum grade and condition standards for natural condition
raisins.
989.702 Minimum grade standards for packed raisins.
07 CFR 987.172 Subpart -- Antitrust Immunity and Liability
989.801 Restrictions applicable to committee personnel.
Authority: Secs. 1-19, 48 Stat. 31, as amended, 7 U.S.C. 601-674.
07 CFR 987.172 Subpart -- Order Regulating Handling
Source: 25 FR 12813, Dec. 14, 1960; 27 FR 2506, Mar. 16, 1962,
unless otherwise noted.
07 CFR 987.172 Definitions
07 CFR 989.1 Secretary.
Secretary means the Secretary of Agriculture of the United States or
any officer or employee of the United States Department of Agriculture
to whom authority has heretofore been delegated or to whom authority may
hereafter be delegated, to act in his stead.
07 CFR 989.2 Act.
Act means Public Act No. 10, 73d Congress, as amended, and as
re-enacted and amended by the Agricultural Marketing Agreement Act of
1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C.
601-674).
(42 FR 37201, July 20, 1977)
07 CFR 989.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 989.4 Area.
Area means the State of California.
07 CFR 989.5 Raisins.
Raisins means grapes of any variety grown in the area, from which a
significant part of the natural moisture has been removed by sun-drying
or artificial dehydration, either prior to or after such grapes have
been removed from the vines. Removal of a significant part of the
natural moisture means removal which has progressed to the point where
the grape skin develops wrinkles characteristic of wrinkles in fully
formed raisins.
(37 FR 19622, Sept. 21, 1972)
989.6 (Reserved)
07 CFR 989.7 Golden Seedless raisins.
Golden Seedless raisins means raisins, the production of which
includes soda dipping, sulfuring, and artificial dehydration.
07 CFR 989.8 Natural condition raisins.
Natural condition raisins means raisins the production of which
includes sun-drying or artificial dehydration but which have not been
further processed to a point where they meet any of the conditions for
''packed raisins'', as defined in 989.9.
(25 FR 12813, Dec. 14, 1960, as amended at 42 FR 37201, July 20,
1977)
07 CFR 989.9 Packed raisins.
Packed raisins means raisins which have been stemmed, graded, sorted,
cleaned, or seeded, and placed in any container customarily used in the
marketing of raisins or in any container suitable or usable for such
marketing. Raisins in the process of being packed or raisins which are
partially packed shall be subject to the same requirements as packed
raisins.
07 CFR 989.10 Varietal types.
Varietal types means raisins generally recognized as possessing
characteristics differing from other raisins in a degree sufficient to
make necessary or desirable separate identification and classification.
Varietal types are the following: Natural (sun-dried) Seedless, Dipped
Seedless, Golden Seedless, Muscats (including other raisins with seeds),
Sultana, Zante Currant, Monukka, and Oleate and Related Seedless:
Provided, That the Committee may, subject to approval of the Secretary,
change this list of varietal types.
(48 FR 32974, July 20, 1983)
07 CFR 989.11 Producer.
Producer means any person engaged in a proprietary capacity in the
production of grapes which are sun-dried or dehydrated by artificial
means until they become raisins: Provided, That a ''producer'' shall
include any person whose production unit has qualified for diversion
under a diversion program announced by the Committee.
(50 FR 1831, Jan. 14, 1985)
07 CFR 989.12 Dehydrator.
Dehydrator means any person who produces raisins by dehydrating
grapes by artificial means.
07 CFR 989.12a Cooperative bargaining association.
Cooperative bargaining association means a nonprofit cooperative
association of raisin producers engaged within the area in bargaining
with handlers as to price and otherwise arranging for the sale of
natural condition raisin of its members.
(32 FR 12158, Aug. 24, 1967)
07 CFR 989.13 Processor.
Processor means any person who receives or acquires natural condition
raisins, off-grade raisins, other failing raisins or raisin residual
material and uses them or it within the area, with or without other
ingredients, in the production of a product other than raisins, for
market or distribution.
(32 FR 12158, Aug. 24, 1967; 33 FR 2983, Feb. 15, 1968, as amended
at 42 FR 37201, July 20, 1977)
07 CFR 989.14 Packer.
Packer means any person who, within the area, stems, sorts, cleans,
or seeds raisins, grades stemmed raisins, or packages raisins for market
as raisins: Provided, That:
(a) No producer with respect to the raisins produced by him, and no
group of producers with respect to raisins produced by the producers
comprising the group, and not otherwise a packer, shall be deemed a
packer if he or it sorts or cleans (with or without water) such raisins
in their unstemmed form;
(b) Any dehydrator shall be deemed to be a packer, with respect to
raisins dehydrated by him, only if he stems, cleans with water
subsequent to such dehydration, seeds or packages them for market as
raisin;
(c) The committee may, with the approval of the Secretary restrict
the exceptions as to permitted cleaning if necessary to cause delivery
of sound raisins; and
(d) No person shall be deemed a packer by reason of the fact he
repackages for market (with or without additional preparation) packed
raisins which, in the hands of a previous holder, have been inspected
and certified as meeting the applicable minimum grade standards for
packed raisins.
(32 FR 12158, Aug. 24, 1967)
07 CFR 989.15 Handler.
Handler means: (a) Any processor or packer; (b) any person who
places, ships, or continues natural condition raisins in the current of
commerce from within the area to any point outside thereof; (c) any
person who delivers off-grade raisins, other failing raisins or raisin
residual material to other than a packer or other than into any eligible
non-normal outlet; or (d) any person who blends raisins: Provided,
That blending shall not cause a person not otherwise a handler to be a
handler on account of such blending if he is either: (1) A producer
who, in his capacity as a producer, blends raisins entirely of his own
production in the course of his usual and customary practices of
preparing raisins for delivery to processors, packers, or dehydrators;
(2) a person who blends raisins after they have been placed in trade
channels by a packer with other such raisins in trade channels; or (3)
a dehydrator who, in his capacity as a dehydrator, blends raisins
entirely of his own manufacture.
(37 FR 19622, Sept. 21, 1972)
07 CFR 989.16 Blend.
Blend means to mix or commingle raisins.
07 CFR 989.17 Acquire.
Acquire means to have or obtain physical possession of raisins by a
handler at his packing or processing plant or at any other established
receiving station operated by him: Provided, That a handler shall not
be deemed to acquire any raisins (including raisins produced or
dehydrated by him) while: (a) He stores them for another person or as
handler-produced tonnage in compliance with the provisions of 989.58
and 989.70; (b) he reconditions them, or; (c) he has them in his
possession for the purpose of inspection; and Provided further, That
the term shall apply only to the handler who first acquires the raisins.
07 CFR 989.18 Committee.
Committee means the Raisin Administrative Committee established under
989.26.
(41 FR 32412, Aug. 3, 1976)
07 CFR 989.20 Ton.
Ton means a short ton of 2,000 pounds.
07 CFR 989.21 Crop year.
Crop year means the 12-month period beginning with August 1 of any
year and ending with July 31 of the following year.
(41 FR 32412, Aug. 3, 1976)
07 CFR 989.22 District.
District means any one of the geographical areas referred to in
989.26, and designated in the rules and regulations.
(48 FR 32974, July 20, 1983)
07 CFR 989.23 File.
File means transmit or deliver to the Secretary or committee, as the
case may be, and such act shall be deemed to have been accomplished at
the time: (a) Of actual receipt by the Secretary or committee in the
event of personal delivery; (b) of receipt at the office of the
telegraph company, in case submission is by telegram; or (c) shown by
the postmark, in case submission is by mail.
07 CFR 989.24 Standard raisins, off-grade raisins, other failing
raisins, and raisin residual material.
(a) Standard raisins means raisins which meet the then effective
minimum grade and condition standards for natural condition raisins.
(b) Offgrade raisins means raisins which do not meet the then
effective minimum grade and condition standards for natural condition
raisins: Provided, That raisins which are certified as off-grade
raisins shall continue to be such until successfully reconditioned or
become ''other failing raisins.''
(c) Other failing raisins means any raisins received or acquired by a
handler, either as standard raisins or off-grade raisins, which are
processed to a point where they qualify as packed raisins but fail to
meet the applicable minimum grade standards for packed raisins.
(d) Raisin residual material means defective raisins, stemmer waste,
sweepings, and other residue accumulated by a handler from
reconditioning raisins or from processing standard raisins and other
failing raisins.
(25 FR 12813, Dec. 14, 1960, as amended at 42 FR 37201, July 20,
1977)
07 CFR 989.24a Non-normal outlets.
Non-normal outlets means outlets other than those customarily used
for commercial disposition of raisins meeting the then applicable
minimum standards for natural condition raisins or packed raisins.
(29 FR 9483, July 11, 1964)
07 CFR 989.25 Part and subpart.
Part means the order regulating the handling of raisins produced from
grapes grown in California, and all rules, regulations, and
supplementary orders issued thereunder. This order regulating the
handling of raisins produced from grapes grown in California shall be a
subpart of such part.
07 CFR 989.25 Raisin Administrative Committee
07 CFR 989.26 Establishment and membership.
A Raisin Administrative Committee is hereby established consisting of
47 members of whom 35 shall represent producers, 10 shall represent
handlers, 1 shall represent the cooperative bargaining association(s)
and 1 shall be a public member. The producer members shall be selected
as follows:
(a) Producer members representing the cooperative marketing
association(s) shall be members of such association(s) engaged in the
handling of raisins, each of which acquired not less than 10 percent of
the total raisin acquisitions during the preceding crop year, and those
members shall be equal to the product, rounded to the nearest whole
number, obtained by multiplying 35 by the ratio the cooperative
marketing association(s) raisin acquisitions are to the acquisitions of
all handlers during the preceding crop year.
(b) Producer members representing cooperative bargaining
association(s) shall be members of such associations, and the number of
those members shall be equal to the product, rounded to the nearest
whole number, obtained by multiplying 35 by the ratio the raisins
acquired by handlers from bargaining association members are to the
total acquisitions of all handlers during the preceding crop year.
(c) All other producer members who shall not be members of a
cooperative bargaining association(s), cooperative marketing
association(s) engaged in the handling of raisins which acquired 10
percent or more of the total acquisitions during the preceding crop
year, nor sold for cash to cooperative marketing association(s), shall
represent all producers not defined in paragraph (a) or (b) of this
section and shall be selected in the number and, when appropriate, for
the districts as designated in the rules and regulations.
(d) The handler members shall be divided into two groups and include
the following:
(1) Handler members shall be selected from and represent cooperative
marketing association(s) engaged in the handling of raisins each of
which acquired not less than 10 percent of the total raisin acquisitions
during the preceding crop year, and the number of those members shall be
equal to the product, rounded to the nearest whole number, obtained by
multiplying 10 by the ratio of the cooperative marketing association(s)
raisin acquisitions are to the total acquisitions of all handlers during
the preceding crop year.
(2) The remaining handler members shall be selected from and
represent all other handlers, which would include all independent
handlers and small cooperative marketing association(s) who acquired
less than 10 percent of the total raisin acquisitions during the
preceding crop year. Handler nominees for this group shall be nominated
by all handlers in the group in a manner determined by the Committee,
with the approval of the Secretary, and specified in the rules and
regulations.
(e) The ''cooperative'' bargaining association'(s) member shall be
selected from the cooperative bargaining association(s). The public
member shall be nominated by the Committee and selected by the Secretary
as public member.
(f) For each member of the Committee there shall be an alternate
member who shall have the same qualifications as the member for whom he
is an alternate.
(48 FR 32974, July 20, 1983)
07 CFR 989.27 Eligibility.
No person shall be selected or continue to serve as a member or
alternate member of the Committee who is not actively engaged in the
business of the group which he represents either in his own behalf, or
as an officer, agent, or employee of a business unit engaged in such
business: Provided, That only producers, as defined in 989.11, engaged
as such with respect to the most recent grape crop, are eligible to
serve on the Committee. Only handlers who packed or processed raisins
during the then current crop year shall be eligible to represent
handlers on the Committee. Any handler eligible to represent a
particular group shall continue to represent handlers for the entire
term for which he was selected.
(48 FR 32974, July 20, 1983)
07 CFR 989.28 Term of office.
The term of office of all representatives serving on the Committee
shall be for two years and shall end on April 30 of even numbered
calendar years, but each such member and alternate member shall continue
to serve until their successor is selected and has qualified.
(48 FR 32975, July 20, 1983)
07 CFR 989.29 Initial members and nomination of successor members.
(a) Initial members. Members and alternate members of the Committee
serving immediately prior to the effective date of this amended subpart
shall, if thereafter they are eligible, serve on the Committee until
April 30, 1984, and until their respective successors have been selected
and qualified.
(b) Nominations for successor members. Nominations for successor
members and alternate members of the Committee shall be made as
follows:
(1) The Committee shall notify the cooperative marketing
association(s) engaged in handling not less than 10 percent of the total
raisin acquisitions during the preceding crop year, and cooperative
bargaining association(s), of the date by which nominations to fill
member and alternate member positions shall be made. The Committee
shall give reasonable publicity of a meeting or meetings of producers
who are not members of cooperative bargaining association(s), or
cooperative marketing association(s) which handled 10 percent or more of
the total raisin acquisitions during the preceding crop year, and of
independent handlers and cooperative marketing association(s) who
handled less than 10 percent of the total raisin acquisitions during the
preceding crop year, for the purpose of making nominations to fill the
member and alternate member positions prescribed in 989.26 (c) and (d):
Provided, That member and alternate member nominations by independent
handlers and cooperative marketing association(s) who acquired less than
10 percent of the total raisin acquisitions during the preceding crop
year may be made to the Committee by mail in lieu of meetings.
(2)(i) Any producer representing independent producer and producers
who are affiliated with cooperative marketing association(s) handling
less than 10 percent of the total raisin acquisitions during the
preceding crop year must have produced grapes which were made into
raisins in the particular district for which they are nominated to
represent said district as a producer member or alternate producer
member on the committee. In the event any such nominee is engaged as a
producer in more than one district, such producer may be a nominee for
only one district. One or more producers may be nominated for each such
producer member or alternate member position.
(ii) Each such producer whose name is offered in nomination shall be
given the opportunity to provide the committee a short statement
outlining qualifications and desire to represent on the committee
independent producers or producers who are affiliated with cooperative
marketing association(s) handling less than 10 percent of the total
raisin acquisitions during the preceding crop year. These brief
statements, together with a ballot and voting instructions, shall be
mailed to all independent producers and producers who are affiliated
with cooperative marketing associations handling less than 10 percent of
the total raisin acquisitions during the preceding crop year of record
with the committee in each district. The producer receiving the highest
number of votes shall be designated as the first member nominee, the
second highest shall be designated as the second member nominee or
alternate member nominee, as the case may be, until nominees for all
member and alternate member positions have been filled.
(iii) Each independent producers or producers affiliated with
cooperative marketing association(s) handling less than 10 percent of
the total raisin acquisitions during the preceding crop year shall cast
only one vote with respect to each position for which nominations are to
be made. Write-in candidates shall be accepted. The person receiving
the most votes with respect to each position to be filled, in accordance
with paragraph (b)(2)(ii) of this section, shall be the person to be
certified to the Secretary as the nominee. The committee may, subject
to the approval of the Secretary, establish rules and regulations to
effectuate this section.
(3) One or more eligible handlers for each handler position to be
filled may be proposed for nomination to represent independent handlers
and cooperative marketing association(s) which acquired less than 10
percent of the total raisin acquisitions during the preceding crop year
on the Committee. Nominations shall be made by and from handlers, or
employees, representatives or agents of handlers falling within such
groups. Each handler shall cast only one vote with respect to each
position for which nomination is to be made. The person receiving the
most votes with respect to each handler member of handler alternate
member position shall be the person to be certified to the Secretary as
the nominee for each such position.
(4) Each vote cast shall be on behalf of the person voting, the
person's agent, subsidiaries, affiliates, and representatives. Voting
at each handler meeting shall be in person. The results of each ballot
at each handler meeting shall be announced at that meeting.
(5) Each nomination shall be certified by the Committee to the
Secretary on or before April 5 immediately preceding the commencement of
the term of office of the member or alternate member position for which
the nomination is certified.
(48 FR 32975, July 20, 1983, as amended by 54 FR 34137, Aug. 18,
1989)
07 CFR 989.30 Selection.
The Secretary shall select producer, handler, cooperative bargaining
association(s), and public members and alternate members in the number
specified in 989.26, as applicable, and with the qualifications
specified in 989.27. Such selections may be made from nominations
certified pursuant to 989.29 or from other eligible producers,
handlers, or cooperative bargaining association(s) officers or
employees.
(48 FR 32975, July 20, 1983)
07 CFR 989.31 Failure to nominate.
In the event nomination for a member or alternate member position on
the committee is not certified pursuant to and within the time specified
in 989.29, the Secretary may select an eligible person to fill such
position without regard to nomination.
(41 FR 32412, Aug. 3, 1976)
07 CFR 989.32 Acceptance.
Each person to be selected by the Secretary as a member or as an
alternate member of the Committee shall, prior to such selection,
qualify by advising the Secretary that he/she agrees to serve in the
position for which nominated for selection.
(48 FR 32975, July 20, 1983)
07 CFR 989.33 Alternate members.
The alternate for a member of the committee shall act in the place
and stead of such member (a) during his absence, and (b) in the event of
his removal, resignation, disqualification, or death, until a successor
for such member's unexpired term has been selected and has qualified.
(41 FR 32412, Aug. 3, 1976)
07 CFR 989.34 Vacancies.
To fill any vacancy occasioned by the failure of any person selected
as a member or as an alternate member of the committee to qualify, or in
the event of the removal, resignation, disqualification, or death of any
member or alternate member, a successor for such person's unexpired term
shall be nominated and selected in the manner set forth in 989.29 and
989.30, insofar as such provisions are applicable. If nomination to
fill any vacancy is not filed within 40 calendar days after such vacancy
occurs, the Secretary may select an eligible person to fill such vacancy
without regard to nomination.
(41 FR 32412, Aug. 3, 1976)
07 CFR 989.35 Powers.
The committee shall have the following powers:
(a) To administer the terms and provisions of this part;
(b) To make rules and regulations to effectuate the terms and
provisions of this part;
(c) To recommend to the Secretary amendments to this part; and
(d) To receive, investigate, and report to the Secretary complaints
of violations of this part.
(41 FR 32412, Aug. 3, 1976, as amended at 48 FR 32975, July 20, 1983)
07 CFR 989.36 Duties.
The committee shall have, among others, the following duties:
(a) To act as intermediary between the Secretary and any producer,
packer, dehydrator, processor or cooperative bargaining association;
(b) To investigate compliance and to use means available to it to
prevent violations of this part;
(c) To keep minutes, books, and other records, which shall clearly
reflect all of its acts and transactions, and such minutes, books, and
other records shall be subject to examination by the Secretary at any
time;
(d) To investigate and assemble data on the production, handling and
market conditions with respect to raisins;
(e) To submit to the Secretary such available information with
respect to raisins and grapes as he may request, and such other
information as the committee may deem desirable and pertinent;
(f) To select from among its members a chairman and other officers,
and to adopt such rules and regulations for the conduct of its business
as it may deem advisable;
(g) To appoint or employ such other persons as it may deem necessary,
and to determine the salaries and define the duties of each such person;
(h) To cause the books of the committee to be audited by certified
public accountants at least once each year, or at such other times as
the committee may deem necessary or as the Secretary may request, and
the report of each such audit shall show, among other things, the
receipts and expenditures of funds, and at least two copies of each such
audit shall be submitted to the Secretary;
(i) To prepare quarterly statements of its financial operations and
make such statements, together with the minutes of its meetings,
available at the office of the committee for inspection by producers,
handlers and dehydrators;
(j) To give reasonable advance notice of the times, places, and
purposes of its meetings by mail or other appropriate means to each
member and alternate member and such notice shall be given as widespread
publicity as is practicable;
(k) To conduct meetings for the purpose of making nominations for
membership on the committee and the certifying of nominations made for
such purposes to the Secretary;
(l) To establish, with the approval of the Secretary, such rules and
procedures relative to administration of this subpart as may be
consistent with the provisions contained in this subpart and as may be
necessary to accomplish the purposes of the act and the efficient
administration of this subpart.
(41 FR 32412, Aug. 3, 1976, as amended at 48 FR 32975, July 20, 1983)
07 CFR 989.37 Obligation.
Upon the removal, resignation, disqualification, or expiration of the
term of office of any member or alternate member, such member or
alternate member shall account for all receipts and disbursements and
deliver to his successor, to the committee, or to a designee of the
Secretary all property (including, but not limited to, all books and
records) in his possession or under his control as member or alternate
member, and he shall execute such assignments and other instruments as
may be necessary or appropriate to vest in such successor, committee, or
designee full title to such property and funds, and all claims vested in
such member or alternate member. Upon the death of any member or
alternate member of the committee, full title to such property, funds,
and claims vested in such member or alternate member shall be vested in
his successor or, until such successor has been selected and has
qualified, in the committee.
(41 FR 32412, Aug. 3, 1976)
07 CFR 989.38 Procedure.
The Committee shall meet at the call of the chairman, or
vice-chairman when acting as chairman, or at the call of any three
members. All decisions of the Committee reached shall be by majority
vote of the members present. All votes shall be cast in person and a
quorum must be present. The presence of 25 members shall be required to
constitute a quorum. The Committee shall give to the Secretary the same
notice of meetings of the Committee as it gives to its members.
(48 FR 32976, July 20, 1983)
07 CFR 989.39 Compensation and expenses.
The members and alternate members of the committee shall serve
without compensation, but shall be allowed their necessary expenses as
approved by the committee.
(54 FR 34137, Aug. 18, 1989)
07 CFR 989.39 Research and Development
07 CFR 989.53 Research and development.
(a) General. The Committee, with the approval of the Secretary, may
establish or provide for the establishment of projects involving
marketing research and development and marketing promotion including
paid advertising, designed to assist, improve, or promote the marketing,
distribution, and consumption of raisins in domestic and foreign
markets. These projects may include, but need not be limited to those
designed to:
(1) Improve through research the accuracy of raisin production
estimates;
(2) Improve through research the preparation for market, sanitation,
quality, condition, storability, processing, or packaging of raisins;
(3) Ascertain through research the factors affecting acceptance of
raisins by manufacturers or consumers;
(4) Promote the marketing, distribution, or consumption of raisins in
domestic and foreign markets by collecting data thereon, consulting with
members of the trade, and making the information available to producers,
handlers, and exporters; and
(5) Promote the marketing, distribution, or consumption of raisins in
foreign markets through the use of merchandising programs.
The expense of any such project relating solely to free tonnage
raisins shall be paid from funds collected pursuant to 989.80. The
expense of any such project relating solely to reserve tonnage raisins
shall be paid from the sale proceeds of such raisins. If any such
project encompasses both free tonnage and reserve tonnage raisins, such
as one which is designed to promote the consumption in export outlets of
raisins generally on a long-term basis, the expense of the project may
be allocated between the assessment fund and the pool fund.
(b) Creditable expenditures. The Committee, with the approval of the
Secretary, may provide for crediting all or any portion of a handler's
direct expenditures for marketing promotion, including paid advertising,
that promotes the sale of raisins, raisin products, or their use. No
handler shall receive credit for any allowable direct expenditures that
would exceed the total of his assessment obligation which is
attributable to that portion of his assessment designated for marketing
promotion including paid advertising.
(c) Criteria. Before any project involving marketing promotion,
including paid advertising, and the
crediting of the handler's pro rata expense assessment obligation of
handlers is undertaken pursuant to this section, the Secretary after
recommendation by the Committee, shall approve appropriate criteria to
effectively regulate such activity.
(48 FR 32976, July 20, 1983)
07 CFR 989.53 Marketing Policy
07 CFR 989.54 Marketing policy.
(a) Trade demand. On or before August 15 of each crop year, the
Committee shall hold a meeting to review shipment data, inventory data,
and other matters relating to the quantity of raisins of all varietal
types. For any varietal type for which a free tonnage percentage may be
recommended, the Committee shall compute a trade demand. The trade
demand shall be 90 percent of the prior crop year's shipments (converted
to a natural condition weight) of free tonnage and reserve tonnage sold
for free use for that varietal type, into all market outlets, adjusted
by the carryin on August 1 of the current crop year and the desirable
carryout for the varietal type at the end of that crop year. If the
prior year's shipments were limited because of crop conditions, the
Committee may select the shipments of one of the three years preceding
the prior crop year. The desirable carryout shall be increased from
45,000 to 60,000 tons for Natural (sun-dried) Seedless raisins at a rate
of 5,000 tons per year for three crop years following the effective date
of this amended subpart. The desirable carryout for Dipped Seedless
raisins shall be 1,500 tons, and for Oleate and Related Seedless
raisins, 1,500 tons. The trade demand computed by the Committee shall
be announced by the Committee in accordance with paragraph (h) of this
section.
(b) Preliminary percentages. On or before October 5 of each crop
year (except that the Committee may extend this date not more than five
business days if warranted by a late crop), the Committee shall estimate
the production of any varietal type of raisins for which it has computed
a trade demand. If the Committee determines that volume regulation is
desirable during the crop year for that varietal type, it shall compute
and announce preliminary free and reserve percentages for that varietal
type: Provided, That such production estimate shall include by varietal
type the raisins handlers are expected to acquire from producers and the
total tonnage of raisins diverted under a raisin diversion program. The
Committee shall compute a preliminary free percentage to release 85
percent of the computed trade demand, if it determines that a field
price has been established for that varietal type, or 65 percent of the
trade demand if no field price has been established. The preliminary
free percentage shall be computed by multiplying the trade
demand by either 85 percent or 65 percent (as the case may be) and
dividing the product by the estimated production of that varietal type
and rounding the resulting percentage to the nearest full percent. The
difference between 100 percent and the preliminary free percentage shall
be the preliminary reserve percentage.
(c) Interim percentages. Prior to February 15, the Committee may
modify the preliminary free and reserve percentages to release less than
the trade demand.
(d) Final percentages. No later than February 15, the Committee
shall recommend to the Secretary, final free and reserve percentages
which will tend to release the full trade demand for any varietal type
for which preliminary or interim percentages have been computed and
announced. The difference between any final free percentage designated
by the Secretary and 100 percent shall be the final reserve percentage.
With its recommendation, the committee shall report on its consideration
of the factors in paragraph (e) of this section.
(e) Factors. When computing preliminary and interim percentages, or
determining final percentages for recommendation to the Secretary, the
Committee shall give consideration to the following factors:
(1) The estimated tonnage held by producers, handlers, and for the
account of the Committee at the beginning of the crop year;
(2) The expected general quality and any modifications of the minimum
grade standards;
(3) The estimated tonnage of standard and off-grade raisins which
will be produced;
(4) If different than the computed trade demand, the estimated trade
demand for raisins in free tonnage outlets;
(5) If not estimated as provided in paragraph (a) of this section, an
estimated desirable carryout at the end of the crop year for free
tonnage and, if applicable, for reserve tonnage;
(6) The estimated market requirements for raisins outside free
tonnage outlets, considering the estimated world raisin supply and
demand situation;
(7) Current prices being received and the probable general level of
prices to be received for raisins by producers and handlers;
(8) The trend and level of consumer income;
(9) Any prohibition of trade practices, pursuant to 989.62 intended
for the crop year; and
(10) Any other pertinent factors bearing on the marketing of raisins
including the estimated supply of and demand for other varietal types
and regulations applicable thereto.
(f) Modification. In the event the Committee subsequently deems it
advisable to modify its marketing policy on any crop, because of
national emergency, crop failure, or other major change in economic
conditions, it shall hold a meeting for that purpose, and file a report
thereof with the Secretary within 5 days (exclusive of Saturdays,
Sundays, and holidays) after the holding of such meeting, which report
shall show such modification and the basis therefor.
(g) Reserve tonnage to sell as free tonnage. On or before November
15 of the crop year, the Committee shall make two simultaneous offers of
reserve tonnage to handlers to sell as free tonnage for each varietal
type for which preliminary percentages have been computed and announced.
One offer shall consist of a quantity equal to 10 percent of the prior
year's (or the alternative year selected by the Committee pursuant to
paragraph (a) of this section) shipments of free tonnage and reserve
tonnage sold for free use into all market outlets to equate the current
year's supply with the prior year's shipments. This offer shall be
allocated to handlers on the basis of their prior year's acquisitions.
The second offer, to provide for market expansion, shall consist of a
quantity equal to 10 percent of the prior year's (or the alternative
year selected by the Committee pursuant to paragraph (a) of this
section) shipments of free tonnage and reserve tonnage sold for free
use. This offer shall be allocated to handlers on the basis of their
prior year's shipments of free tonnage and reserve tonnage sold for free
use. Each offer shall be open to handlers not more than five business
days, and subsequently, two offers of any tonnage unsold in the original
offers open not more than two business days each, may be made. The
reoffer tonnage shall be allocated to handlers who purchase 100 percent
of their allocation in preceding offers, and shall be on the basis of
the quantity each handler purchased, as a percentage of the total
quantity purchased by all handlers eligible to participate. At the
close of the second reoffer, any remaining tonnage may be offered to
handlers who purchased all of their allocations from previous offers on
a first-come first-served basis and such offer shall be open to handlers
for one business day. Any handler who had no shipments or acquisitions
of raisins during the prior crop year will be allocated raisins under
these offers on the basis of his acquisition (up to the time the
original offer is made) of raisins in the current crop year. If field
prices are not established, the offer shall be made not more than
fifteen days following such establishment. The price of reserve tonnage
raisins offered to handlers to sell as free tonnage, pursuant to this
paragraph, shall be the established field price for free tonnage raisins
of that varietal type, plus 3 percent of the established field price,
plus the estimated costs incurred by the Committee for equity holders.
(h) Publicity. The Committee shall promptly give reasonable
publicity to producers, dehydrators, handlers, and the cooperative
bargaining association(s) of each meeting to consider a marketing policy
or any modification thereof, and each such meeting shall be open to
them. Similar publicity shall be given to producers, dehydrators,
handlers, and the cooperative bargaining association(s) of each
marketing policy report or modification thereof, filed with the
Secretary and of the Secretary's action thereon. Copies of all
marketing policy reports shall be maintained in the office of the
Committee, where they shall be made available for examination by any
producer, dehydrator, handler, or cooperative bargaining association
representative. The Committee shall notify handlers, dehydrators and
the cooperative bargaining association(s), and give reasonable publicity
to producers of its computation of the trade demand, preliminary
percentages, and interim percentages and shall notify handlers,
dehydrators, and the cooperative bargaining association(s) of the
Secretary's action on percentages by registered or certified mail.
(48 FR 32976, July 20, 1983, as amended at 50 FR 1831, Jan. 14, 1985;
54 FR 24670, June 9, 1989)
Editorial Note: At 54 FR 24670, June 9, 1989, in paragraph (a) of
989.54, the sentences, ''The desirable carryout shall be increased from
45,000 to 60,000 tons for Natural (sun-dried) Seedless raisins at a rate
of 5,000 tons per year for the three crop years following the effective
date of this amended subpart. The desirable carryout for Dipped
Seedless raisins shall be 1,500 tons, and for Oleate and Related
Seedless raisins 1,500 tons.'', are suspended indefinitely, effective
July 10, 1989.
07 CFR 989.55 Regulation by the Secretary.
Whenever the Secretary finds, from the recommendation and supporting
information supplied by the Committee or from other available
information, that to designate final free and reserve percentages for
any varietal type of standard raisins acquired by handlers, during the
crop year will tend to effectuate the declared policy of the Act, the
Secretary shall designate such percentages. In the event the Secretary
finds that suspension or termination of any percentages computed by the
Committee or designated by the Secretary tend to effectuate the declared
policy of the Act, the Secretary shall suspend or terminate such
percentages.
(48 FR 32977, July 20, 1983)
07 CFR 989.56 Raisin diversion program.
(a) Announcement of program. On or before November 30 of each crop
year, the committee shall hold a meeting to review production data,
supply data, demand data, including anticipated demand to all potential
market outlets, desirable carryout inventory, and other matters relating
to the quantity of raisins of all varietal types. When the committee
determines that raisins exist in the reserve pool in excess of projected
market needs for any varietal type, it may announce the amount of such
tonnage eligible for diversion during the subsequent crop year. At the
same time, the committee shall determine and announce to producers,
handlers, and the cooperative bargaining association(s) the allowable
harvest cost to be applicable to such diversion tonnage. A production
cap of 2.75 tons of raisins per acre shall be established for any
production unit approved for participation in a diversion program. The
committee, with the approval of the Secretary, may recommend, at the
same time that the diversion tonnage for that season is announced, a
change in the production cap for that season's diversion program of less
than 2.75 tons per acre for any production unit approved for the
diversion program.
(b) Voluntary diversion. No producer shall be required to
participate in any raisin diversion program.
(c) Issuance of diversion certificates. After the committee
announces a raisin diversion program, any producer may divert grapes of
the producer's own production and receive from the committee a diversion
certificate in accordance with the applicable rules and regulations.
Such certificates may only be submitted by producers to handlers in
accordance with applicable rules and regulations. Diversion
certificates issued by the committee shall apply to a specific
production unit and shall be equal to the creditable fruit weight, not
to exceed the production cap established pursuant to paragraph (a) of
this section, of such raisins produced on such unit during the prior
crop year or the last prior crop year eligible for such diversion:
Provided, That in the case of a production unit, or partial production
unit, removed from production through vine removal or other means
established by the committee, the committee may issue a diversion
certificate in an amount greater than the creditable fruit weight of the
raisins produced therein or the production cap applicable.
(d) Redemption of diversion certificates. Handlers may redeem
diversion certificates for reserve pool raisins. To redeem a
certificate, a handler must present the diversion certificate to the
Committee and pay the Committee an amount equal to the harvest cost it
has established, plus an amount equal to the payment for receiving,
storing, fumigating, handling, and inspecting reserve tonnage raisins
specified in 989.401 for the entire tonnage represented on the
certificate. Upon receipt of the diversion certificate, the Committee
shall note on the certificate that it is cancelled.
(e) Implementation of the program. The Committee shall establish,
with the approval of the Secretary, such rules and regulations as may be
necessary for the implementation and operation of a raisin diversion
program.
(50 FR 1831, Jan. 14, 1985, as amended at 50 FR 40477, Oct. 4, 1985;
54 FR 34137, Aug. 18, 1989)
07 CFR 989.56 Grade and Condition Standards
07 CFR 989.58 Natural condition raisins.
(a) Regulation. No handler shall acquire or receive natural
condition raisins which fail to meet such minimum grade and condition
standards as the committee may establish, with the approval of the
Secretary, in applicable rules and regulations: Provided, That a
handler may receive raisins for inspection, may receive off-grade
raisins for reconditioning and may receive or acquire off-grade raisins
for use in eligible non-normal outlets: And provided further, That a
handler may acquire natural condition raisins which exceed the tolerance
established for maturity under a weight dockage system established
pursuant to rules and regulations recommended by the committee and
approved by the Secretary. Nothing contained in this paragraph shall
apply to the acquisition or receipt of natural condition raisins of a
particular varietal type for which minimum grade and condition standards
are not applicable or then in effect pursuant to this part.
(b) Changes in minimum grade and condition standards for natural
condition raisins. The committee may recommend to the Secretary changes
in the minimum grade and condition standards for natural condition
raisins of any varietal type and may recommend to the Secretary that
minimum grade and condition standards for any varietal type be added to
or deleted. The committee shall submit with its recommendation all data
and information upon which it acted in making its recommendation, and
such other information as the Secretary may request. The Secretary
shall approve any such change if he finds, upon the basis of data
submitted to him by the committee or from other pertinent information
available to him, that to do so would tend to effectuate the declared
policy of the act.
(c) Publicity and notice. The committee shall give prompt and
reasonable publicity to producer, dehydrators, and handlers of each
recommendation submitted by it to the Secretary and of each regulation
issued by the Secretary. Notice of such regulation shall be given to
all handlers by registered or certified mail.
(d) Inspection and certification. (1) Each handler shall cause an
inspection and certification to be made of all natural condition raisins
acquired or received by him, except with respect to: (i) An interplant
or interhandler transfer of offgrade raisins as described in paragraph
(e)(2) of this section, unless such inspection and certification are
required by rules and procedures made effective pursuant to this amended
subpart; (ii) an interplant or interhandler transfer of free tonnage
raisins as described in 989.59(e); (iii) raisins received from a
dehydrator which have been previously inspected pursuant to paragraph
(d)(2) of this section; (iv) any raisins for which minimum grade and
condition standards are not then in effect; (v) raisins received from a
cooperative bargaining association which have been inspected and are in
compliance with requirements established pursuant to paragraph (d)(3) of
this section; and (vi) any raisins, if permitted in accordance with
such rules and procedures as the committee may establish with the
approval of the Secretary, acquired or received for disposition in
eligible nonnormal outlets. The handler shall be reimbursed by the
committee for inspection costs incurred by him and applicable to pool
tonnage held for the account of the committee. Except as otherwise
provided in this section, prior to blending raisins, acquiring raisins,
storing raisins, reconditioning raisins, or acquiring raisins which have
been reconditioned, each handler shall obtain an inspection
certification showing whether or not the raisins meet the applicable
grade and condition standards: Provided, That the initial inspection
for infestation shall not be required if the raisins are fumigated in
accordance with such rules and procedures as the committee shall
establish with the approval of the Secretary. The handler shall submit
or cause to be submitted to the committee a copy of such certification,
together with such other documents or records as the committee may
require. Such certification shall be issued by inspectors of the
Processed Products Standardization and Inspection Branch of the U.S.
Department of Agriculture, unless the committee determines, and the
Secretary concurs in such determination, that inspection by another
agency would improve the administration of this amended subpart. The
committee may require that raisins held on memorandum receipt be
reinspected and certified as a condition for their acquisition by a
handler.
(2) The committee may, in accordance with rules and procedures
established with the approval of the Secretary, authorize handlers to
receive or acquire natural condition raisins which have been produced by
any dehydrator by dehydrating grapes by artificial means and have been
inspected and certified on his premises. In the event there shall have
been compliance with committee requirements, any handler who receives or
acquires such inspected and certificated raisins shall be deemed to have
satisfied the requirements contained in paragraph (d)(1) of this section
with respect to inspection and certification of natural condition
raisins received or acquired by him.
(3) The committee may, in accordance with rules and the procedures
established with the approval of the Secretary, authorize handlers to
receive or acquire without further inspection and certification, natural
condition raisins, standard or offgrade, which have been inspected,
certified and held, in compliance with committee requirements, at a
receiving station of a cooperative bargaining association.
(e) Off-grade raisins. (1) Any natural condition raisins tendered to
a handler which fail to meet the applicable minimum grade and condition
standards may: (i) Be received or acquired by the handler for
disposition, without further inspection, in eligible non-normal outlets;
(ii) be returned unstemmed to the person tendering the raisins; or
(iii) be received by the handler for reconditioning. Off-grade raisins
received by a handler under any one of the three described categories
may be changed to any other of the categories under such rules and
procedures as the committee, with the approval of the Secretary, shall
establish. No handler shall ship or otherwise dispose of off-grade
raisins which he does not return to the tenderer, transfer to another
handler as provided in paragraph (e)(2) of this section, or recondition
so that they at least meet the minimum standards prescribed in or
pursuant to this amended subpart, except into eligible non-normal
outlets.
(2) Off-grade raisins may be transferred from the plant of the
handler where received to another plant of his or to that of another
handler within the State of California under such rules and procedures
as the committee, with the approval of the Secretary, shall establish to
safeguard the objectives of this part.
(3) Each handler shall, while holding any off-grade raisins, store
them separate and apart from other raisins and the off-grade raisins
shall be stored in accordance with disposition and reconditioning
categories. The committee with the approval of the Secretary may
prescribe rules and procedures for the storage of the raisins.
(4) If the handler is to acquire the raisins after they are
reconditioned, his obligation with respect to such raisins shall be
based on the weight of the raisins (if stemmed, adjusted to natural
condition weight) after they have been reconditioned. If, after such
reconditioning, such raisins meet the minimum standards but are no
longer natural condition raisins, any handler who acquires such raisins
shall meet his reserve tonnage obligations from natural condition
standard raisins acquired by him.
(5) The committee shall establish, with the approval of the
Secretary, such additional rules and procedures as may be necessary to
insure adequate control of off-grade raisins, including, but not limited
to, the reconditioning of off-grade raisins, the disposition and use of
unsuccessfully reconditioned raisins, and the disposition and use of
residual matter from reconditioning operations.
(f) Blending. No handler shall blend raisins except: (1) Incidental
to reconditioning raisins as permitted under rules and procedures
established by the committee, with the approval of the Secretary; (2)
blending standard raisins with standard raisins; or (3) blending
raisins which meet the minimum grade standards for packed raisins with
other raisins which meet such standards.
(25 FR 12813, Dec. 14, 1960, as amended at 29 FR 9483, July 11, 1964;
32 FR 12161, Aug. 24, 1967; 32 FR 18086, Dec. 19, 1967; 42 FR 37201,
July 20, 1977)
07 CFR 989.59 Regulation of the handling of raisins subsequent to their
acquisition by handlers.
(a) Regulation. Unless otherwise provided in this part, no handler
shall: (1) Ship or otherwise make final disposition of natural
condition raisins unless they at least meet the effective and applicable
minimum grade and condition standards for natural condition raisins; or
(2) ship or otherwise make final disposition of packed raisins unless
they at least meet such minimum grade standards established by the
committee, with the approval of the Secretary, in applicable rules and
regulations or as later changed or prescribed pursuant to the provisions
of paragraph (b) of this section: Provided, That nothing contained in
this paragraph shall prohibit the shipment or final disposition of any
raisins of a particular varietal type for which minimum standards are
not applicable or then in effect pursuant to this part. And provided
further, That a handler may grind raisins, which do not meet the minimum
grade standards for packed raisins because of mechanical damage or
sugaring, into a raisin paste.
(b) The committee may recommend changes in the minimum grade
standards for packed raisins of any varietal type and may recommend to
the Secretary that minimum grade standards for any varietal type be
added or deleted. The committee shall submit with its recommendation
all data and information upon which it acted in making its
recommendation, and such other information as the Secretary may request.
The Secretary shall approve any such change if he finds, upon the basis
of data submitted to him by the committee or from other pertinent
information available to him, that to do so would tend to effectuate the
declared policy of the act.
(c) Publicity and notice. The committee shall give prompt and
reasonable notice to producers, dehydrators, handlers, and the
cooperative bargaining association(s) of each recommendation submitted
by it to the Secretary and of each regulation issued by the Secretary.
Notice of such regulation shall be given to all handlers of record by
registered or certified mail.
(d) Inspection and certification. Unless otherwise provided in this
section, each handler shall, at his own expense, before shipping or
otherwise making final disposition of raisins, cause and inspection to
be made of such raisins to determine whether they meet the then
applicable minimum grade and condition standards for natural condition
raisins or the then applicable minimum grade standards for packed
raisins. Such handler shall obtain a certificate that such raisins meet
the aforementioned applicable minimum standards and shall submit or
cause to be submitted to the committee a copy of such certificate
together with such other documents or records as the committee may
require. The certificate shall be issued by the Processed Products
Standardization and Inspection Branch of the United States Department of
Agriculture, unless the committee determines, and the Secretary concurs
in such determination, that inspection by another agency will improve
the administration of this amended subpart. Any certificate issued
pursuant to this paragraph shall be valid only for such period of time
as the committee may specify, with the approval of the Secretary, in
appropriate rules and regulations.
(e) Inter-plant and inter-handler transfers. Any handler may
transfer from his plant to his own or another handler's plant within the
State of California any free tonnage raisins without having had such
raisins inspected as provided in paragraph (d) of this section. The
transferring handler shall transmit promptly to the committee a report
of such transfer, except that transfers between plants owned or operated
by the same handler need not be reported. Before shipping or otherwise
making final disposition of such raisins, the receiving handler shall
comply with the requirements of this section.
(f) Disposition of offgrade raisins, other failing raisins, and
raisin residual material in eligible nonnormal outlets. Any offgrade
raisins, except those returned unstemmed to the tenderer or successfully
reconditioned, and any raisin residual material which may be received or
acquired by a handler or accumulated by a handler from reconditioning
raisins or from processing standard raisins and other failing raisins,
shall be disposed of or marketed by the handler, without further
inspection, in eligible nonnormal outlets: Provided, That no packer
shall be precluded from recovering raisins from such accumulations or
acquisitions: Provided further, That whenever the Secretary concludes,
on the basis of a recommendation of the committee, that to specify one
or more nonnormal outlets as ineligible for any class of such receipts,
acquisitions, or accumulations will tend to effectuate the declared
policy of the act, he shall specify such ineligible outlets and prohibit
the shipment thereto or final disposition therein of such class by
handlers as well as the receipt and use thereof by processors: And
provided further, That no processor who is a distiller shall be
precluded from receiving or using for distillation (1) the standard
raisins which subsequently fail to meet the said applicable standards,
(2) the raisin residual material accumulated from processing standard
raisins, or (3) the raisin residual material referable to the standard
raisin equivalent recovered in reconditioning; and any handler may ship
such raisins and raisin residual material to such processor. The
Committee shall establish, with the approval of the Secretary, such
rules and procedures as may be necessary to insure adequate control over
the off-grade raisins, other failing raisins, and raisin residual
material subject to this paragraph. Such rules may include a
requirement that the disposition and use of all or any class of
off-grade raisins, other failing raisins, or raisin residual material be
confined to the area. The provisions of this paragraph are not intended
to excuse any failure to comply with all applicable food and sanitary
rules and regulations of city, county, State, Federal, or other agencies
having jurisdiction.
(g) Exemption of experimental and specialty packs. The committee may
establish, with the approval of the Secretary, rules and procedures
providing for the exemption of raisins in experimental and specialty
packs from one or more of the requirements of the minimum grade
standards of this section, together with the inspection and
certification requirements if applicable.
(25 FR 12813, Dec. 14, 1960, as amended at 32 FR 12161, Aug. 24,
1967; 37 FR 19622, Sept. 21, 1972; 42 FR 37202, July 20, 1977)
07 CFR 989.60 Exemption.
(a) Notwithstanding any other provisions of this amended subpart, the
committee may establish, with the approval of the Secretary, such rules
and procedures as may be necessary to permit the acquisition and
disposition of any off-grade or reserve pool raisins, free from any or
all regulations, for uses in non-normal outlets.
(b) The committee may establish, with the approval of the Secretary,
such rules and procedures as may be necessary to exempt from any or all
regulations raisins produced in southern California (i.e., the counties
of Riverside, Imperial, San Bernardino, Ventura, Orange, Los Angeles,
and San Diego) and disposed of for distillation, livestock feed, or by
export in natural condition to Mexico.
(c) The committee may designate such raisins as it deems appropriate
for production, processing, and marketing research and development. The
period of such designation shall be for not more than five years unless
extended by the committee. The volume which may be acquired by all
handlers shall not exceed 500 natural condition tons annually for each
designated project, unless increased by the Secretary upon a
recommendation of the committee. Such designated raisins may be
acquired and disposed of free from those regulations specified by the
committee. In any crop year, when the total industry acquisitions of
the designated raisins exceed 500 natural condition tons or a larger
quantity approved by the Secretary upon a recommendation of the
committee, the exemption shall not apply.
(29 FR 9484, July 11, 1964, as amended at 32 FR 18086, Dec. 19, 1967;
37 FR 19623, Sept. 21, 1972; 42 FR 37202, July 20, 1977)
07 CFR 989.61 Above parity situations.
The provisions of this part relating to minimum grade and condition
standards and inspection requirements, within the meaning of section
2(3) of the act, and any other provisions pertaining to the
administration and enforcement of the order, shall continue in effect
irrespective of whether the estimated season average price to producers
for raisins is in excess of the parity level specified in section 2(1)
of the act.
(42 FR 37202, July 20, 1977)
07 CFR 989.61 Trade Practices
07 CFR 989.62 Authorization for prohibition of trade practices.
Whenever the Secretary finds, upon recommendation of the committee or
other information, that continuance of certain practices in trade
channels would tend to interfere with the achieving of the objectives of
this part, he may prohibit handlers from using such practices, for any
crop year or portion thereof, in selling raisins in containers exceeding
four pounds net weight. The prohibited practices may include:
(a) Any provision within or added to a sales contract, or action or
agreement outside such contract, whereby the handler is obligated to
reflect declines in market prices of raisins by charging the buyer a
subsequent market price in lieu of the sales price specified in the
contract.
(b) Any agreement in an undertaking to hold raisins in reserve for
possible future delivery to a buyer, or action or agreement outside such
undertaking, whereby the handler is obligated to not reflect increases
in market prices by charging the buyer a price specified in the
agreement.
Prior to any such practices being prohibited in any crop year, the
committee shall recommend, for the approval of the Secretary, such rules
and procedures and such record keeping requirements as are necessary to
administer these prohibitions and obtain compliance therewith.
07 CFR 989.62 Volume Regulation
07 CFR 989.65 Free and reserve tonnage.
The standard raisins acquired by handlers which are free tonnage, and
any reserve tonnage purchased for free use, may be disposed of by him in
any marketing channel, subject to the applicable provisions of this
part. A handler's free tonnage of a varietal type of raisin shall be
either the free percentage of the standard raisins of the varietal type
acquired by him or all of the standard raisins of the varietal type
acquired by him if no free percentage is established by the Committee or
designated by the Secretary for that varietal type. A handler's reserve
tonnage of a varietal type shall be the reserve percentage of the
standard raisins of that varietal type acquired by him.
(48 FR 32977, July 20, 1983)
07 CFR 989.66 Reserve tonnage generally.
(a) The standard raisins acquired by a handler which are designated
as reserve tonnage and reserve tonnage transferred to a handler by the
committee shall be held by him for the account of the committee and
subject to the applicable restrictions of this part.
(b)(1) Each handler shall hold in storage all reserve tonnage
acquired by him and all reserve tonnage transferred to him by the
committee until he has been relieved of such responsibility by the
committee either by delivery to the committee or otherwise. Such
handler shall store such reserve tonnage raisins in natural condition
without addition of moisture and in such manner as will maintain the
raisins in the same condition as when he acquired them, except for
normal and natural deterioration and shrinkage, and except for loss
through fire, acts of God or other conditions beyond the handler's
control.
(2) Reserve tonnage acquired by a handler or transferred to a handler
by the committee shall be stored separate and apart from other raisins
to such extent and identified in such manner as the committee shall
specify in its rules and procedures with the approval of the Secretary.
(3) Each handler may, under the direction and supervision of the
committee, substitute for any reserve tonnage raisins a like quantity of
standard raisins of the same varietal type and of the same or more
recent year's production. Each such handler shall give the committee
reasonable advance notice of his intention to substitute, the exact
location of the raisins for which substitution is to be made, and
arrange with the committee a mutually satisfactory time for the
substitution.
(4) The committee may, after giving reasonable notice, require a
handler to deliver to it, or to anyone designated by it, at such
handler's warehouse or at such other place as the raisins may be stored,
part or all of the reserve tonnage raisins held by such handler.
Reserve tonnage raisins delivered by any handler to the committee, or to
any person designated by it, in the form of natural condition raisins
shall in the aggregate be not more than 2 percent less than the average
maturity level of all raisins such handler acquired during the
applicable crop year. The committee may require that such delivery
consist of natural condition raisins, or it may arrange for such
delivery to consist of packed raisins.
(c) Each handler shall, at all times, hold in his possession or under
his control reserve tonnage referable to his acquisitions of standard
raisins and reserve tonnage transferred to him by the committee, less
any quantity of such reserve tonnage released to him by a change of
percentages, delivered by him pursuant to instructions of the committee
or sold to him by the committee.
(d) Reserve tonnage raisins delivered by any handler to the
committee, or to any person designated by it, whether in the form of
natural condition raisins or packed raisins shall meet the applicable
minimum grade or grade and condition standards, except for normal and
natural deterioration. The committee shall have the authority to
require, in its discretion and at its expense, such reinspection and
certification of reserve pool tonnage raisins as it may deem necessary.
(e) In the event the committee offers to handlers reserve tonnage
raisins for contract packing or for sale in export, as provided in
989.67, each handler shall be given the opportunity to pack or purchase
his share of each offer.
(f) Handlers shall be compensated for receiving, storing, fumigating,
handling, and inspection of that tonnage of reserve raisins determined
by the reserve percentage of a crop year and held by them for the
account of the committee, in accordance with a schedule of payments
established by the committee and approved by the Secretary. A box
rental shall be paid by the committee to producers or handlers for boxes
used in storing reserve tonnage raisins beyond the crop year of
acquisition in accordance with a rental schedule established by the
committee and approved by the Secretary. The handler compensation shall
be reviewed annually and shall be paid, as to the amount determined to
be earned and unpaid, as soon as practicable after the end of the second
quarter of the crop year and quarterly thereafter. Any handler may
request the committee, by registered or certified mail, at any time
after June 1 of a crop year to remove or relocate reserve tonnage
raisins of the current crop year which remain in his possession. At any
time during a crop year, a handler may request removal or relocation of
reserve tonnage of a prior crop year. In each instance, he may request
that the committee provide the necessary containers for any such removal
or relocation. When so requested as to current crop year raisins, the
committee shall make the removal or relocation, the availability of
containers, storage space and time of request permitting, by September
15 of the subsequent crop year, and as to raisins of the prior crop
year, within 30 days, supplying the necessary containers if so
requested. If the committee removes or relocates reserve raisins of the
current crop year pursuant to a handler's request, and such raisins are
released to him by September 15 of the subsequent crop year, the handler
shall reimburse the committee for any costs incurred by it in such
removal or relocation. If any handler requests removal or relocation of
reserve raisins, the committee shall immediately give notice thereof to
the Secretary.
(g) The committee shall have the authority, in its discretion, to
obtain loans, nonrecourse or otherwise, on any part of the reserve
tonnage not subject to release as desirable free tonnage and to pledge
or hypothecate the raisins on which such loans are obtained as security
therefor: Provided, That in every such case, there shall be included in
the loan agreement a provision to the effect that, in case the lender
obtains possession or control of such raisins, he will dispose of them
in such a manner as will not tend to defeat the objectives of this
amended subpart. The net proceeds of any such loan shall be distributed
by the committee pursuant to paragraph (h) of this section.
(h) The net proceeds from the disposition of reserve tonnage raisins
of any varietal type shall be distributed by the committee to the
respective producers, or their successor in interest thereto, on the
basis of the volume of their respective contributions to the reserve
tonnage of such varietal type. Distribution of the proceeds in
connection with the reserve tonnage contributed by a nonprofit
cooperative marketing association which has authority to market the
raisins of its members and to allocate the proceeds therefrom to such
members shall be made to such association. Advance or progress payments
may be made by the committee, in conformity with the provisions of this
paragraph, as sufficient funds become available.
(32 FR 12161, Aug. 24, 1967, as amended at 37 FR 19623, Sept. 21,
1972; 41 FR 32417, Aug. 3, 1976; 42 FR 37202, July 20, 1977; 48 FR
32977, July 20, 1983; 54 FR 34138, Aug. 18, 1989)
07 CFR 989.67 Disposal of reserve raisins.
(a) At the time the committee meets to consider free and reserve
percentages for a crop year, the committee shall consider the marketing
of reserve tonnage raisins for the subsequent 12-month period. The
committee shall dispose of all reserve tonnage in such manner as to
achieve, as nearly as may be practicable, maximum disposal of such
raisins by the time reserve tonnage raisins from the subsequent crop
year are available. Any reserve tonnage raisins held unsold by the
committee on May 1 of the subsequent crop year shall be physically
disposed of promptly in any available outlet not competitive with normal
market channels for free tonnage raisins or sales of new crop reserve
tonnage raisins in export: Provided, That, whenever the Secretary
finds, based upon a recommendation of the committee, or on the basis of
information otherwise available to him that because of national
emergency, crop failure, an insufficient supply of reserve tonnage
raisins for export, or other change of economic or marketing conditions,
retention of reserve tonnage raisins carried over is warranted, the
foregoing requirements as to disposal shall not apply and such raisins
may be disposed of in any outlet recommended by the committee and
approved by the Secretary.
(b) Reserve tonnage raisins shall be disposed of by the committee:
(1) By sale to handlers for sale in specified outlets or for resale to
exporters for sale in export outlets; (2) by direct sale to any agency
of the U.S. Government for noncompetitive use; (3) by direct sale to
foreign government agencies or foreign importers in any country not
listed pursuant to paragraph (c) of this section or where the
procurement of raisins is so regulated as to preclude purchases from
domestic handlers; (4) by gift; and (5) by any other means consistent
with the provisions of this section, and in outlets noncompetitive with
those for free tonnage raisins.
(c) The committee shall sell reserve raisins to handlers for export
sale to countries on a list established by the Secretary, on the basis
of the recommendation of the committee or from other available
information. The list of countries shall be reviewed by the committee
annually when it reviews matters relating to the free tonnage, and shall
recommend any changes in the list to the Secretary for approval. No
country may be removed from the list for the purpose of permitting
direct sale by the committee unless a finding is made by the committee
and approved by the Secretary, that such removal and subsequent direct
sale by the committee shall not lead to disruption of sale of reserve
tonnage raisins by handlers in other countries on the list, and that
although handlers have been able to offer reserve tonnage raisins at
competitive prices to the country to be so removed, there remains an
unfilled demand in such country which has not been supplied by handlers
and which could be supplied by the committee at the same prices by means
of direct sale.
(d)(1) Reserve tonnage raisins shall be sold to handlers at prices
and in a manner intended to maximum producer returns and achieve maximum
disposition of such raisins by the time reserve tonnage raisins from the
subsequent crop year are available. The committee may pay the cost of
transporting reserve tonnage from one handler to another and in the
event a handler has more than one plant, the committee may pay the cost
of transporting reserve tonnage to the handler's plant of its choice.
In each offer or reoffer of reserve tonnage raisins for export, the
committee may include a quantity of raisins not to exceed 2 percent of
the total tonnage offered in such offer or reoffer, which it may sell to
handlers whose regular allocation provides insufficient tonnage to fill
a containerized freight shipping container: Provided, That such sale
may be made only when the remaining portion of a handler's regular
allocation will fill at least 50 percent of such container and shall be
made to a handler only one time in each offer or reoffer of reserve
tonnage raisins. No offer or reoffer shall be made until 5 days
(exclusive of Saturdays, Sundays, and holidays) have elapsed from the
time it files with the Secretary complete information as to varietal
type, quantity, and price involved in such offer or reoffer, and the
Secretary may disapprove the offer or reoffer or any term thereof:
Provided, That at any time prior to the expiration of the 5-day period,
the offer or reoffer may be made to handlers upon the committee
receiving from the Secretary notice that he does not disapprove the
making of the offer or reoffer. Subject to the same conditions as are
set forth in the preceding sentence with respect to the making of such
offer or reoffer, the committee may withdraw an offer or reoffer to sell
reserve tonnage raisins to handlers or may extend the offer or reoffer
period but not when such extension would deprive one or more handlers of
an opportunity to purchase raisins.
(2) Except for the final offer of the reserve tonnage from a crop
year, an offer of reserve tonnage raisins for export shall provide for a
specific tonnage. Each handler's share of the reserve tonnage offered
prior to November 1 of any crop year shall be determined as the same
proportion of the quantity offered that the free tonnage raisins
acquired by him during the preceding crop year is of the free tonnage
raisins acquired by all handlers during the preceding crop year who
remain handlers. If reserve tonnage raisins have been removed by the
committee from a handler's premises pursuant to 989.66(f), such
handler's allocation of reserve pool offers subsequent to such removal
and prior to November 1 of the following crop year shall be reduced by
the percentage such removed reserve tonnage is of the total reserve
tonnage acquired by such handler in the crop year. Subsequent to
October 31, each handler's share shall be determined as the same
proportion of the quantity offered that the free tonnage raisins
acquired by the handler during the then current crop year is of the
total free tonnage raisins acquired by all handlers during the then
current crop year. With respect to any offer other than the initial
offer, each handler's share of the total quantity offered as of that
date (the then current offer plus all prior offers of that crop year)
shall first be determined by the appropriate formula. His share of the
current offer shall then be determined by subtracting from his share of
the total quantity offered, the total of his share of prior offers from
the beginning of the crop year. If any handler did not acquire raisins
during the preceding crop year, the basis for his share of any quantity
of reserve tonnage raisins offered prior to November 1 shall be his
acquisitions of free tonnage raisins during the then current crop year.
The current free tonnage acquisitions of all such new handler shall, for
the purposes of determining the shares of all handlers prior to November
1, be added to the total acquisitions of free tonnage raisins during the
preceding crop year of all handlers in business at the time the offer is
made.
(3) With respect to any offer of reserve tonnage for sale to handlers
for resale in export, the committee may provide that any such tonnage
unpurchased at the end of the share reservation period will be reoffered
to handlers without regard to shares and that approval for handlers'
applications for purchase may be made in the same order in which the
applications are received by the committee. Such reoffer may be made by
the committee at the time it makes a regular offer of reserve tonnage,
at any time during the period a regular offer is in effect, or within a
reasonable time after a regular offer has expired.
(4) The final offer of the reserve tonnage from a crop year may be
offered to handlers without regard to shares and approval of handlers'
applications for purchase may be made in the same order in which the
applications are received by the committee.
(5) Whenever a handler's share or allocation pursuant to this
paragraph is less than or exceeds his holdings of reserve tonnage by a
minor quantity, the committee may adjust the handler's share or
allocation so as to avoid the cost of the physical transfer. The
maximum quantity by which a handler's share or allocation may be so
allocated shall be prescribed in rules and procedures which the
committee shall establish with the approval of the Secretary.
(e) The committee may sell reserve tonnage raisins as provided in
paragraph (b)(3) of this section only when such country is not included
in the list of specified countries established pursuant to paragraph (c)
of this section and may sell reserve tonnage raisins to foreign
government agencies of foreign importers in any country removed from
such list. No agreement to sell reserve tonnage raisins shall be
entered into by the committee until 5 days (exclusive of Saturdays,
Sundays, and holidays) have elapsed from the time it files with the
Secretary complete information as to varietal type, quantity, price and
foreign country involved in any such proposed sale, and the Secretary
may disapprove such sale or any term thereof: Provided, That, at any
time prior to the expiration of the 5-day period, the sale may be made
upon the committee receiving from the Secretary notice that he does not
disapprove the making of the sale.
(f) Whenever the committee concludes that the orderly disposition of
reserve tonnage would be promoted by the committee replacing any portion
or all of handlers' export shipments of free tonnage raisins, to other
than free tonnage outlets, made prior to the committee's first offer to
sell reserve tonnage, it may do so and may specify such requirements and
conditions as are necessary to carry out the replacement consistent with
the objectives of this amended subpart. The committee may establish a
price for such replacement tonnage which is higher, the same as, or
lower than that for reserve tonnage in the first offer of the crop year.
Any such replacement offer by the committee shall be governed by those
provisions of paragraph (d)(1) of this section which prescribe prior
action by the Secretary on committee offers to sell tonnage to handlers.
(g)(1) The committee may, subject to review by the Secretary, refuse
to sell reserve tonnage raisins for export:
(i) To any handler who is in default on any previous purchase of
reserve tonnage raisins from the committee;
(ii) To any handler currently not in compliance with the provisions
of a sales agreement covering reserve tonnage raisins, executed by such
handler with the committee; or
(iii) To any handler who signifies an intention to sell reserve
tonnage to or through any person who has previously failed to complete a
sale of reserve tonnage raisins to a foreign buyer and such raisins
remain to be exported and remain unsold to any foreign buyer in an
eligible export market.
(2) Handlers who are in default of timely payment under any purchase
agreement are subject to an interest and late payment charge(s)
recommended by the committee and approved by the Secretary on the
delinquent amount that is owed the committee. The interest charge shall
be the current prime rate plus 2 percent established by the bank in
which the committee has its administrative assessment funds deposited,
on the day the amount owed becomes delinquent; and further, that such
rate of interest be added to the bill monthly until the handler's
delinquent amount owed plus applicable interest has been paid:
Provided, That the committee, with the approval of the Secretary, may
recommend changes in the rate of interest to another rate of interest.
When the committee determines to change the rate of interest or a late
payment charge is needed, and such change is approved by the Secretary,
the committee shall announce the change in the rate of interest or the
rate of late payment charge through a mailing by the committee to
handlers.
(3) Appeals. If a determination is made by the committee that a
handler has not complied with the provisions of this section and any
actions allowed under this section are taken against the handler, such
handler may request a hearing before an appeals subcommittee established
by the committee. If the handler disagrees with the subcommittee's
decisions, the handler may request the committee to review the
subcommittee's decision. The committee may, subject to the approval of
the Secretary, establish additional procedures concerning appeals.
(h) Each packer's share of an offer of reserve tonnage raisins for
contract packing shall be determined as the same proportion that the
reserve tonnage raisins acquired by him is of the reserve tonnage
raisins acquired by all packers. In the event that any packer fails to
contract for packing any or all of his share of any offer, the remaining
portion thereof shall be reoffered by the committee to all packers who
contracted for packing all of their respective shares, in proportion to
their respective acquisitions: Provided, That, if such amount which
packers fail to contract for packing does not exceed 250 tons, or if it
is necessary to deviate from the foregoing in order to meet terms and
conditions of shipment, the committee may, in its discretion, allocate
such reserve tonnage raisins among packers as it deems appropriate, but
the shares of packers in subsequent offers or reoffers shall be adjusted
accordingly.
(i) In the event the committee determines that the applicable
procedures as specified in paragraphs (d) and (h) of this section will
not provide an allocation for handlers which is suitable for a
particular situation, the committee, with the approval of the Secretary,
may establish such modifications of procedures, consistent with
989.66(e), as will facilitate the disposition of reserve tonnage through
the handlers.
(j) The committee shall not sell reserve tonnage raisins of any
varietal type to handlers to provide them with raisins to sell as free
tonnage, other than as provided in 989.54, unless it files with the
Secretary complete information and receives from the Secretary notice
that he does not disapprove of such sale and that because of: National
emergency, crop failure; change of economic or marketing conditions;
free tonnage shipments during the then current crop year exceeding
shipments of a comparable period of the prior crop year by more than 5
percent: Provided, That, such sale of reserve tonnage shall be limited
to the quantity exceeding 105 percent of shipments for the first 10
months of the prior crop year; and/or an inadequate carryover, the free
tonnage outlets cannot be reasonably well supplied by the tonnage
released to the industry as a whole by the committee's marketing policy
for that varietal type. Any quantities of reserve raisins offered to
handlers for free use, except as provided in 989.54(g), may be offered
to them on the basis of handler shipments or acquisitions in the same
manner as in paragraph (d)(1) of this section. If offered on the basis
of acquisitions, shares shall be determined pursuant to paragraph (d)(2)
of this section. If offered on the basis of shipments, the same formula
shall be used, except that shipments shall be used as the basis instead
of acquisitions in computing handlers' shares. However, such raisins
shall not be sold at a price below that which the committee concludes
reflects the average price received by producers for free tonnage of the
same varietal type purchased by handlers during the current crop year up
to the time of any offer for sale of reserve tonnage by the committee,
to which shall be added the costs to the equity holders incurred by the
committee on account of receiving, inspecting, storing, fumigating,
insuring, and holding of said raisins, and including costs of taxes and
interest: Provided, That, where the outlook for the next crop year or
other factors have caused a downward trend in the prices received by
producers for free tonnage raisins or in the prices received by handlers
for free tonnage packed raisins, reserve tonnage may be sold to handlers
at the currently prevailing or the approximate computed field price for
free tonnage raisins, as determined by the committee. The committee may
sell reserve tonnage raisins of any varietal type to any handler to
provide him with raisins to sell as free tonnage if such handler has
lost all or part of his free tonnage because of fire or other disaster
beyond his control subject to the applicable provisions of this
paragraph and in an amount equal to such tonnage so lost.
(32 FR 12162, Aug. 24, 1967, as amended at 37 FR 19623, Sept. 21,
1972; 41 FR 32417, Aug. 3, 1976; 42 FR 37202, July 20, 1977; 48 FR
32978, July 20, 1983; 51 FR 3764, Jan. 30, 1986; 54 FR 34138, Aug.
18, 1989)
07 CFR 989.70 Storage of raisins held on memorandum receipt and of
packer-owned tonnage.
All raisins stored by a handler for another person on memorandum or
warehouse receipt, or raisins produced and stored by a handler, shall be
stored separate and apart from other raisins and shall be clearly marked
or tagged as raisins stored on memorandum or warehouse receipt or as
raisins produced by the handler but not acquired by him in his capacity
as a handler.
07 CFR 989.71 Disposition of unsold reserve tonnage in above parity
situations.
In the event that the Secretary should find, during a crop year when
reserve tonnage percentages have been designated and are in effect
pursuant to this part, that the estimated season average price for
raisins for that crop year will be in excess of the price level
contemplated by the provisions of section 2(1) of the act, he shall
issue an order providing for the orderly disposition of the unsold
reserve tonnage then on hand, in such outlets, at such times, and in
accordance with such terms and conditions, as he may determine to be
appropriate in the circumstances. In determining the liquidation
procedures and terms, the Secretary shall give consideration to the data
and recommendations, if any, which may be submitted by the committee.
(32 FR 12164, Aug. 24, 1967)
07 CFR 989.72 Exemption of educational institutions.
The committee may exempt, wholly or in part, from the volume
regulation provisions of this part, that volume of raisins received or
acquired by public or private educational agencies or institutions
incidental to or in connection with teaching, experimental, or research
activities.
07 CFR 989.72 Reports and Records
07 CFR 989.73 Reports.
(a) Inventory reports. Each handler shall, upon request of the
committee, file promptly with the committee a certified report, showing
such information as the committee shall specify with respect to any
raisins which were held by him on a date designated by the committee,
which information as specified may include, but not be limited to: (1)
The quantity of any raisins so held, segregated as to varietal type,
natural condition, packed, standard quality or off-grade quality; and
(2) the locations of the raisins.
(b) Acquisition reports. Each handler shall submit to the committee
in accordance with such rules and procedures as are prescribed by the
committee, with the approval of the Secretary, certified reports, for
such periods as the committee may require, with respect to his
acquisitions of each varietal type of raisins during the particular
period covered by such report, which report shall include, but not be
limited to: (1) The total quantity of standard raisins acquired; (2)
the quantity of reserve tonnage referable to his acquisitions of
standard raisins; (3) the locations of such reserve tonnages; (4) the
total quantity of off-grade raisins acquired pursuant to
989.58(e)(1)(i), and (5) cumulative totals of such acquisitions from the
beginning of the then current crop year to and including the end of the
period for which the report is made. Upon written application made to
the committee, a handler may be relieved of submitting such reports
after completing his packing operations for the season. Upon request of
the committee, each handler shall furnish to the committee, in such
manner and at such times as it may require, the name and address of each
person from whom he acquired raisins and the quantity of each varietal
type of raisins acquired from each such person.
(c) Each handler shall file such reports of creditable promotion
including paid advertising as recommended by the Committee and approved
by the Secretary.
(d) Other reports. Upon the request of the committee, with the
approval of the Secretary, each handler shall furnish to the committee
such other information as may be necessary to enable it to exercise its
powers and perform its duties under this amended part.
(25 FR 12813, Dec. 14, 1960, as amended at 32 FR 12164, Aug. 24,
1967; 32 FR 18086, Dec. 19, 1967; 48 FR 32978, July 20, 1983)
07 CFR 989.75 Confidential information.
All reports and records furnished or submitted by a handler to the
committee shall be received by, and at all times kept under the custody
or control of, one or more employees of the committee, who shall
disclose to no person, except the Secretary upon request therefor, data
or information obtained or extracted therefrom which would constitute a
trade secret or the disclosure of which might affect the trade position,
financial condition, or business operations of the particular handler
from whom received: Provided, That the committee may require such an
employee to disclose to it, or to any person designated by it or by the
Secretary, information and data of a general nature, compilations of
data affecting handlers as a group, and any data affecting one or more
handlers, so long as the identity of the individual handlers involved is
not disclosed.
07 CFR 989.76 Records.
Each handler shall maintain such records of all raisins received, and
of all raisins acquired, by him as prescribed by the committee. Such
records shall include, but not be limited to, the quantity of raisins of
each varietal type acquired from each person and the name and address of
each such person, total acquisitions, total sales, and total other
disposition of each varietal type which he handles, and each handler
shall maintain such records for at least two years after the termination
of the crop year in which the transactions occurred. The Committee,
with the approval of the Secretary, may prescribe rules and regulations
to include under this section handler records that detail promotion and
advertising activities which the Committee may need to perform its
functions under 989.53.
(25 FR 12813, Dec. 14, 1960, as amended at 48 FR 32978, July 20,
1983)
07 CFR 989.77 Verification of reports and records.
For the purpose of checking and verifying reports filed by handlers
and records prescribed in or pursuant to this amended subpart, the
committee, through its duly authorized representatives, shall have
access to any handler's premises during regular business hours and shall
be permitted at any such times to inspect such premises and any raisins
held by such handler, and any and all records of the handler with
respect to the holding or disposition of raisins by him and promotion
and advertising activities conducted by handlers under 989.53. Each
handler shall furnish all labor and equipment necessary to make such
inspections. Each handler shall store raisins in a manner which will
facilitate inspection, and shall maintain storage records which will
permit accurate identification of raisins held by him or theretofore
disposed of. Insofar as is practicable and consistent with the carrying
out of the provisions of this amended subpart, all data and information
obtained or received through checking and verification of reports and
records shall be treated as confidential information.
(25 FR 12813, Dec. 14, 1960, as amended at 48 FR 32978, July 20,
1983)
07 CFR 989.77 Expenses and Assessments
07 CFR 989.79 Expenses.
The committee is authorized to incur such expenses (other than those
specified in 989.82) as the Secretary finds are reasonable and likely
to be incurred by it during each crop year, for the maintenance and
functioning of the committee and for such purposes as he may, pursuant
to this subpart, determine to be appropriate. The funds to cover such
expenses shall be obtained levying assessments as provided in 989.80.
The committee shall file with the Secretary for each crop year a
proposed budget of these expenses and a proposal as to the assessment
rate to be fixed pursuant to 989.80, together with a report thereon.
Such filing shall be not later than October 5 of the crop year, but this
date may be extended by the committee not more than 5 days if warranted
by a late crop. Also it shall file at the same time a proposed budget
of the expenses likely to be incurred during the crop year in connection
with reserve raisins held for the account of the committee, exclusive of
the receiving, storing, fumigating, and handling expenses which are
covered by a schedule of payments to handlers effective pursuant to
989.66(f) or any rules and procedures established by the committee, and
exclusive of any expenses it may incur in connection with the dispositon
of such raisins and which are unknown at the time. The said report
shall also cover this proposed budget.
(32 FR 12165, Aug. 24, 1967, as amended at 41 FR 32417, Aug. 3, 1976;
42 FR 37202, July 20, 1977)
07 CFR 989.80 Assessments.
(a) Each handler shall, with respect to free tonnage acquired by him,
and any reserve tonnage released or sold to him for use in free tonnage
outlets, pay to the committee, upon demand, his pro rata share of the
expenses (exclusive of expenses for receiving, fumigating, handling,
holding or disposing of reserve pool tonnage) which the Secretary finds
will be incurred, as aforesaid, by the committee during each crop year
less any amounts credited pursuant to 989.53. Such handler's pro rata
share of such expenses shall be equal to the ratio between the total
free tonnage acquired by such handler plus any reserve tonnage released
or sold to him for use as free tonnage, during the applicable crop year
and the total free tonnage acquired by all handlers plus all reserve
tonnage released or sold to all handlers for use as free tonnage, during
the same crop year: Provided, That (1) in computing the total free
tonnage acquired by a particular handler, there shall be excluded all
standard raisins (recovered by the reconditioning of offgrade raisins)
acquired by the handler and which comprise the assessable portion of
another handler pursuant to paragraph (b) of this section, and (2) the
computation of the total free tonnage acquired by all handlers shall not
be similarly reduced.
(b) Each handler who reconditions offgrade raisins but does not
acquire the standard raisins recovered therefrom shall, with respect to
his assessable portion of all such standard raisins, pay to the
committee, upon demand, his pro rata share of the expenses which the
Secretary finds will be incurred by the committee each crop year. Such
handler's pro rata share of such expenses shall be equal to the ratio
between the handler's assessable portion (which shall be a quantity
equal to the free tonnage portions of such handler's standard raisins
which are acquired by some other handler or handlers) during the
applicable crop year and the total free tonnage acquired by all
handlers, plus all reserve tonnage released or sold to all handlers for
use as free tonnage, during the same crop year.
(c) During any crop year or any portion of a crop year for which
volume percentages are not effective for a varietal type, all standard
raisins of that varietal type acquired by handlers during such period
shall be free tonnage for purposes of levying assessments pursuant to
this section. The Secretary shall fix the rate of assessment to be paid
by all handlers on the basis of a specified rate per ton. At any time
during or after a crop year, the Secretary may increase the rate of
assessment to obtain sufficient funds to cover any later finding by the
Secretary relative to the expenses of the committee. Each handler shall
pay such additional assessment to the committee upon demand. In order
to provide funds to carry out the functions of the committee, the
committee may accept advance payments from any handler to be credited
toward such assessments as may be levied pursuant to this section
against such handler during the crop year. The payment of assessments
for the maintenance and functioning of the committee, and for such
purposes as the Secretary may pursuant to this subpart determine to be
appropriate, may be required under this part throughout the period it is
in effect, irrespective of whether particular provisions thereof are
suspended or become inoperative.
(d) Each handler shall, with respect to administrative assessments
not paid within 30 calendar days of the date of the Committee's invoice,
pay to the Committee interest on the unpaid assessment at the rate of
the prime rate established by the bank in which the Committee has its
administrative assessment funds deposited, on the day that the
administrative assessment becomes delinquent plus 2 percent; and
further, that such rate of interest be added to the bill monthly until
the delinquent handler's assessment plus applicable interest has been
paid: Provided, That the Committee may, with the approval of the
Secretary, modify the interest rate applicable to delinquent handler's
assessment through the establishment of applicable rules and
regulations.
(29 FR 9484, July 11, 1964, as amended at 32 FR 12165, Aug. 24, 1967;
42 FR 37202, July 20, 1977; 48 FR 32978, July 20, 1983)
07 CFR 989.81 Accounting.
(a) If, at the end of the crop year, the assessments collected for
such crop year exceed the expenses incurred with respect to such crop
year, each handler's share of such excess shall be credited to him
against, and may be used for, the operations of the following crop year,
unless such handler demands payment thereof, in which case his share
shall be paid to him.
(b) The committee may, with the approval of the Secretary, maintain
in its own name or in the name of its members, a suit against any
handler for the collection of such handler's pro rata share of the
expenses.
07 CFR 989.82 Expenses of reserve raisin operations.
The committee is authorized to incur such expenses as are reasonable
and are necessary in discharging its obligations, pursuant to this part,
with respect to the receiving, fumigating, handling, holding, or
disposing of any quantity of reserve pool raisins held for the account
of the committee. The committee is authorized to pay any taxes assessed
against raisins held by or for the account of the committee on March 1,
or such assessment date as later changed and then in effect, in the
reserve pool established pursuant to this subpart: Provided, That any
equity holder may pay his taxes upon giving notice to the committee on
or before May 1 of each year of his intention to do so. All pool
expenses shall be deducted from the proceeds obtained by the committee
from the sale or other disposal of such reserve raisins held for the
account of the committee.
(32 FR 12165, Aug. 24, 1967, as amended at 37 FR 19624, Sept. 21,
1972; 42 FR 37202, July 20, 1977)
07 CFR 989.83 Funds.
All funds received by the committee pursuant to the provisions of
this part, shall be used solely for the purposes authorized, and shall
be accounted for in the manner provided, in this part. The Secretary
may, at any time, require the committee and its members and alternate
members to account for all receipts and disbursements.
07 CFR 989.83 Miscellaneous Provisions
07 CFR 989.84 Disposition limitation.
No handler shall dispose of free or reserve tonnage raisins, offgrade
raisins, or other failing raisins, except in accordance with the
provisions of this subpart or pursuant to regulations issued by the
committee.
(32 FR 12165, Aug. 24, 1967, as amended at 42 FR 37202, July 20,
1977)
07 CFR 989.85 Personal liability.
No member or alternate member of the committee or any employee or
agent thereof shall be held personally responsible, either individually
or jointly with others, in any way whatsoever, to any handler or any
person, for errors in judgment, mistakes, or other acts either of
commission or omission, as such member, alternate member, employee, or
agent, except for acts of dishonesty.
(41 FR 32417, Aug. 3, 1976, as amended at 48 FR 32978, July 20, 1983)
07 CFR 989.86 Separability.
If any provision of this amended subpart is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this amended subpart or the
applicability thereof to any other person, circumstance, or thing shall
not be affected thereby.
07 CFR 989.87 Derogation.
Nothing contained in this amended subpart is, or shall be construed
to be, in derogation or in modification of the rights of the Secretary
or of the United States to exercise any powers granted by the act or
otherwise, or, in accordance with such powers, to act in the premises
whenever such action is deemed advisable.
07 CFR 989.88 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this amended subpart shall cease upon the termination of this
amended subpart, except with respect to acts done under and during the
existence of this subpart.
07 CFR 989.89 Agents.
The Secretary may, by a designation in writing, name any person,
including any officer or employee of the United States Government, or
name any bureau or division in the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this amended subpart.
07 CFR 989.90 Effective time.
The provisions of this amended subpart, as well as any amendments to
this amended subpart shall become effective at such time as the
Secretary may declare, and shall continue in force until terminated, or
during suspension, in one of the ways specified in 989.91.
07 CFR 989.91 Suspension or termination.
(a) The Secretary may, at any time, terminate the provisions of this
amended subpart by giving at least one day's notice by means of a press
release or in any other manner which he may determine.
(b) The Secretary shall terminate or suspend the operation of any or
all of the provisions of this amended subpart, whenever he finds that
such provisions do not tend to effectuate the declared policy of the
act.
(c) The Secretary shall terminate the provisions of this amended
subpart at the end of any crop year whenever he finds that such
termination is favored by a majority of the producers who, during a
representative period determined by the Secretary, have been engaged in
the production for market of grapes used in the production of raisins in
the State of California: Provided, That such majority have, during such
representative period, produced for market more than 50 percent of the
volume of such grapes produced for market within said State; but such
termination shall be effective only if announced before July 31 of the
then current crop year.
(d) The provisions of this amended subpart shall, in any event,
terminate whenever the provisions of the act authorizing them cease to
be in effect.
(25 FR 12813, Dec. 14, 1960, as amended at 41 FR 32417, Aug. 3, 1976)
07 CFR 989.92 Proceedings after termination.
(a) Upon the termination of the provisions of this amended subpart,
the members of the committee then functioning shall continue as joint
trustees for the purpose of liquidating the affairs of the committee, of
all funds and property then in the possession or under the control of
the committee, including claims for any funds unpaid or property not
delivered at the time of such termination. Action by said trusteeship
shall require the concurrence of a majority of the said trustees.
(b) Said trustees shall continue in such capacity until discharged by
the Secretary; shall, from time to time, account for all receipts and
disbursements and deliver all property on hand, together with all books
and records of the committee and the joint trustees, to such person as
the Secretary may direct; and shall, upon the request of the Secretary,
execute such assignments or other instruments necessary or appropriate
to vest in such person full title and right to all of the funds,
property, and claims vested in the committee or the joint trustees
pursuant to this subpart.
(c) Any person to whom funds, property or claims have been
transferred or delivered by the committee or its members, pursuant to
this section, shall be subject to the same obligations imposed upon the
members of the said committee and upon said joint trustees.
07 CFR 989.93 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this amended subpart or any regulation issued pursuant to this
amended subpart, or the issuance of any amendment to either thereof,
shall not (a) affect or waive any right, duty, obligation, or liability
which shall have arisen or which may thereafter arise in connection with
any provision of this amended subpart or any regulation issued under
this amended subpart, (b) release or extinguish any violation of this
amended subpart, or of any regulation issued under this amended subpart,
or (c) affect or impair any rights or remedies of the Secretary or of
any other person, with respect to any such violation.
07 CFR 989.94 Amendments.
Amendments to this amended subpart may be proposed from time to time,
by any person or by the committee.
07 CFR 989.95 Right of Secretary.
The members of the committee (including alternates and successors)
and any agent or employee appointed or employed by the committee, shall
be subject to removal or suspension by the Secretary, in his discretion,
at any time. Every decision, determination, or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time. Upon such disapproval, the
disapproved action of the committee shall be deemed null and void.
(41 FR 32417, Aug. 3, 1976, as amended at 48 FR 32978, July 20, 1983)
07 CFR 989.95 Subpart -- Administrative Rules and Regulations
Source: 27 FR 3112, Mar. 31, 1962, unless otherwise noted.
07 CFR 989.95 Definitions
07 CFR 989.102 Inspection service.
Inspection service means the Processed Products Branch, Fruit and
Vegetable Division, Agricultural Marketing Service of the United States
Department of Agriculture.
(49 FR 18730, May 2, 1984)
07 CFR 989.104 Lot.
(a) Natural condition raisins -- (1) Basic definition. For the
purpose of incoming and outgoing inspection of natural condition
raisins, lot means, except as otherwise provided in this paragraph, the
quantity of such raisins of the same varietal type or of differing
varietal types when commingled within their containers (including sweat
and picking boxes and bins), which does not exceed a car, truck, or
truck-trailer load, and which is submitted for inspection at one time
and in the same place.
(2) Separation of large units. If a quantity of raisins in excess of
a car, truck, or truck-trailer load is submitted for inspection, the
total quantity may, at the discretion of the inspector, be separated
into such readily identifiable portions, either prior to or in the
course of inspection, as can be conveniently and properly inspected, and
each such portion shall constitute a lot.
(3) Resubmission after reconditioning. Raisins which are submitted
for inspection after reconditioning (such as sorting or drying) and
whose original lot identity is no longer applicable, shall be a new lot.
(4) Meeting and failing portions. Where a portion of a quantity of
raisins submitted for inspection meets the minimum grade and condition
standards and has been separated from the remainder of the raisins
failing to meet such standards:
(i) The meeting portion shall be one lot; and
(ii) The remainder shall be one or more lots as necessary to cause
each lot to contain either (a) a single defect in excess of tolerance or
(b) two or more of the same defects in excess of tolerance occurring
together within each of the individual containers.
(5) Entire quantity failing. Where the entire quantity of raisins
submitted for inspection fails to meet such standards, then, whether
such quantity shall be one or more lots shall be determined in the same
manner as for the failing remainder referred to in paragraph (a)(4) of
this section.
(6) Special condition. Notwithstanding other provisions of this
section, any quantity of raisins failing to meet such standards and
which are not to be reconditioned may be a single lot.
(b) Packed raisins. For the purpose of outgoing inspection of packed
raisins, lot means: (1) For in-line inspection (i.e., where samples are
drawn from a flow of raisins prior to packaging), the aggregate quantity
of raisins of the same varietal type, subtype, or size (or in their
mixed form), processed in any continuous production of one calendar day
and packaged in one size and style of package but excluding those
rejected by inspection; and (2) for floor inspection (i.e., where
samples are drawn from containers of raisins), the aggregate quantity of
such raisins in like containers but not necessarily processed in one
continuous production or during one calendar day, identifiable and
offered for inspection as a lot.
07 CFR 989.105 Inspection point.
Inspection point means any plant or receiving station of a handler,
or any other place where raisins are received by a handler, and which is
so designated by the Committee. The inspection point(s) of the handler
shall include any area(s) in which he receives grapes or raisins for
dehydration unless he keeps his raisin dehydration business separate,
physically and by records, from his business of handling raisins.
(31 FR 16305, Dec. 21, 1966)
07 CFR 989.106 Ship.
Ship means the physical movement of raisins other than to storage for
the handler's account within the general locality of the packing plant.
07 CFR 989.107 Inspection certificate.
Inspection certificate means any written certification, finding, or
attestation as to the quality or condition of any lot or lots issued by
an authorized member of the inspection service.
07 CFR 989.110 Varietal types.
Pursuant to 989.10, specific definitions for each varietal type of
raisins contained in that section are as follows:
(a) Natural (sun-dried) Seedless includes all sun-dried seedless
raisins that possess characteristics similar to Natural Thompson
Seedless raisins which, for the purpose of expediting drying, have not
been dipped in or sprayed with water, with or without soda, oil or other
chemicals prior to or during the drying process.
(b) Dipped Seedless includes all raisins produced by artificial
dehydration of seedless grapes that possess the characteristics similar
to Thompson Seedless grapes which, in order to expedite drying, have
been dipped in or sprayed with water only after such grapes have been
removed from the vine.
(c) Oleate and Related Seedless includes all raisins produced by
sun-drying or artificial dehydration of seedless grapes which, in order
to expedite drying, are dipped in or sprayed with water with soda, oil,
Ethyl Oleate, Methyl Oleate or any other chemicals either while such
grapes are on the vine or after they have been removed from the vine.
(d) Golden Seedless includes all seedless raisins whose color
generally varies from golden yellow to dark amber.
(e) Muscats (including other raisins with seeds) include all raisins
which usually contain seeds and possess characteristics similar to
Muscat raisins.
(f) Sultana includes all raisins which usually contain an undeveloped
(vestigial) seed and possess characteristics similar to Sultana raisins.
(g) Zante Currant includes all raisins that possess characteristics
similar to those produced from Black Corinth or White Corinth grapes.
(h) Monukka includes all raisins produced from Monukka grapes.
(i) Other Seedless includes all raisins produced from Ruby Seedless,
Kings Ruby Seedless, Flame Seedless and other seedless grapes not
included in any of the varietal categories for Seedless raisins defined
in paragraphs (a), (b), (c), (d) or (h) above.
(49 FR 18730, May 2, 1984, as amended at 53 FR 34714, Sept. 8, 1988;
55 FR 32598, Aug. 10, 1990)
07 CFR 989.111 Independent producer and small cooperative producer.
(a) Independent producer means any producer who is not a member of a
cooperative bargaining association or a cooperative marketing
association, nor has sold for cash to a cooperative marketing
association.
(b) Small cooperative producer means any producer who is a member of
a cooperative marketing association which acquired less than 10 percent
of total raisin acquisitions during the crop year preceding the year in
which nominations are held.
(49 FR 18730, May 2, 1984)
07 CFR 989.115 Independent handler, major cooperative marketing
association handler, and small cooperative marketing association
handler.
(a) Independent handler means any handler who is not a cooperative
marketing association of producers.
(b) Major cooperative marketing association handler means any handler
who is a cooperative marketing association of producers which acquired
not less than 10 percent of the total raisin acquisitions during the
crop year preceding nominations.
(c) Small cooperative marketing association handler means any handler
who is a cooperative marketing association of producers which acquired
less than 10 percent of the total raisin acquisitions during the crop
year preceding nominations.
(49 FR 18730, May 2, 1984)
07 CFR 989.115 Raisin Administrative Committee
07 CFR 989.122 Districts for independent and small cooperative producer
representation on the Committee.
For the purposes of 989.26(c) and commencing with the term of office
beginning May 1, 1984, independent and small cooperative producer
districts are as follows:
(a) District No. 1 -- All of the counties north of Fresno County.
(b) District No. 2 -- All of the counties south of Fresno County.
(c) District No. 3 -- All of Fresno County.
(49 FR 18730, May 2, 1984)
07 CFR 989.126 Representation of the Committee.
(a) To provide independent and small cooperative producers equitable
representation throughout the production area commencing with the term
of office beginning May 1, 1984, representation shall be apportioned
among the three districts specified in 989.122. Districts 1 and 2 shall
each have one producer member, and District 3 shall have the remaining
producer members to which independent and small cooperative producers
are entitled pursuant to 989.26(c).
(b) Pursuant to 989.26(d) and commencing with the term of office
beginning May 1, 1984, apportionment of the independent and small
cooperative marketing association handlers shall be:
(1) Two members selected from and representing the four handler(s)
other than major cooperative marketing association handler(s) who
acquired the largest percentage of the total raisin acquisitions during
the preceding crop year;
(2) Two members selected from and representing the six handlers other
than major cooperative marketing association handler(s) who acquired the
next largest percentage of the total raisin acquisitions during the
preceding crop year; and
(3) The remaining member(s) selected from and representing all other
handlers, including small cooperative marketing association handler(s)
and all processors.
(49 FR 18730, May 2, 1984)
07 CFR 989.129 Voting at nomination meetings.
Any person (defined in 989.3 as an individual, partnership,
corporation, association, or any other business unit) who is engaged, in
a proprietary capacity, in the production of grapes which are sun-dried
or dehydrated by artificial means to produce raisins and who qualifies
under the provisions of 989.29(b)(2) shall be eligible to cast one vote
for a nominee for each producer member position and one vote for a
nominee for each producer alternate member position on the committee
which is to be filled for his district. Such person must be the one who
or which: (a) Owns and farms land resulting in his or its ownership of
such grapes produced thereon; (b) rents and farms land, resulting in
his or its ownership of all or a portion of such grapes produced
thereon; or (c) owns land which he or it does not farm and, as rental
for such land, obtains the ownership of a portion of such grapes or the
raisins. In this connection, a partnership shall be deemed to include
two or more persons (including a husband and wife) with respect to land
the title to which, or leasehold interest in which, is vested in them as
tenants in common, joint tenants, or under community property laws, as
community property. In a landlord-tenant relationship, wherein each of
the parties is a producer, each such producer shall be entitled to one
vote for a nominee for each producer member position and one vote for
each producer alternate member position. Hence, where two persons
operate land as landlord and tenant on a share-crop basis, each person
is entitled to one vote for each such position to be filled. Where land
is leased on a cash rental basis, only the person who is the tenant or
cash renter (producer) is entitled to vote. A partnership or
corporation, when eligible, is entitled to cast only one vote for a
nominee for each producer position to be filled in its district.
(38 FR 10076, Apr. 24, 1973, as amended at 42 FR 52376, Sept. 30,
1977)
07 CFR 989.139 Compensation for attendance of alternates at Committee
meetings.
Whenever a member of the Raisin Administrative Committee has reason
to believe that he will be unable to attend a Committee meeting and has
so notified his alternate or the Committee manager, such notification or
a request from the manager shall be held to be a request for the
alternate to attend and he shall be reimbursed for reasonable expenses
subject to the limitations contained in 989.39.
(42 FR 52376, Sept. 30, 1977, as amended at 49 FR 18731, May 2, 1984)
07 CFR 989.139 Quality Control
07 CFR 989.154 Desirable carryout levels.
The desirable carryout levels to be used in computing and announcing
a crop year's marketing policy shall be equal to the total shipments of
free tonnage of the prior crop year during the months of August and
September, and one-half of the total shipments for the month of October,
for each varietal type, converted to a natural condition basis:
Provided, That should the prior year's shipments be limited because of
crop conditions, the Committee may select the total shipments during the
months of August and September, and one-half of the total shipments for
the month of October, during one of the three years preceding the prior
crop year.
(56 FR 37645, Aug. 8, 1991)
07 CFR 989.156 Raisin diversion program.
(a)(1) Quantity to be diverted. On or before November 30 of each
crop year, the Committee shall announce the quantity of raisins eligible
for a raisin diversion program. On or before January 15 of each crop
year, the Committee may announce an increase in the tonnage eligible for
a raisin diversion program. The quantity eligible for diversion may be
announced for any of the following varietal types of raisins: Natural
(sun-dried) Seedless, Muscat (including other raisins with seeds),
Sultana, Zante Currant, Monukka, and Other Seedless raisins. At the
same time the Committee shall determine and announce to producers,
handlers, and the cooperative bargaining association(s) the allowable
harvest cost to be applicable to such diversion tonnage. The factors to
be reviewed by the Committee in determining allowable harvest costs
shall include but not be limited to: Costs for picking, turning,
rolling, boxing, paper trays, vineyard terracing, hauling to the
handler, and crop insurance.
(2) The Committee may limit any season's diversion program to
production units on which producers agree to remove the vines. Such
restriction shall be announced at the time the tonnage available for
that season's diversion program is announced.
(b) Application for diversion certificates. Any producer desiring to
participate in a raisin diversion program shall file with the Committee,
by certified mail, prior to December 20 of the crop year, an application
on Form RAC-1000, ''Application for Raisin Diversion Certificate''
together with a copy of any two of the following four documents: Plot
Map from County Hall of Records; irrigation tax bill; county property
tax bill; or any other document containing an Appraisal Parcel Number.
Such application shall include at least the following information:
(1) The name, address, and telephone number of the producer;
(2) The location and size of the production unit to be diverted;
(3) The raisin production by varietal type on such production unit
during the prior crop year or the last crop year eligible for such
diversion;
(4) The handler to whom such raisins were delivered;
(5) A statement identifying whether the applicant will remove the
vines in the production unit under the program;
(6) A statement that all persons with an equity interest in the
grapes in the production unit to be diverted consent to the filing of
the application; and
(7) A statement that the producer agrees to comply with the
regulations established for a raisin diversion program.
The producer applicant shall sign the application certifying that the
information contained therein is true and correct.
(c) Handling of applications. After the Committee receives the
producer applications, it shall review them to determine whether all the
required information has been provided and appears reliable. Any
incomplete application shall be returned to the producer applicant for
correction together with a statement of the error or omission in the
application. The applicant shall have a reasonable opportunity to
correct such application. However, such correction must be received by
the Committee on or before January 12.
(d) Priority of applications and allocation of tonnage. Those
producer applicants indicating that the vines of the producing units or
portions thereof will be removed, shall receive first and second
priority, respectively, over other applicants when reserve tonnage under
the program is to be allocated. Grafting vines of one varietal type to
another varietal type does not constitute removal under the program. If
the production volume in such applications exceeds the amount of
diversion tonnage available under the program, a lottery will be held to
allocate such diversion tonnage among the applicants. In conducting any
lottery under this section, the Committee may group producer
applications on a handler-by-handler basis, and separate lotteries will
be held for each such group. The diversion tonnage of raisins available
for each such group in each lottery may not exceed the percentage of
total handler acquisitions acquired by the group's handler during the
previous crop year. To the extent diversion tonnage exists after such
group lotteries, such remaining diversion tonnage may be allocated by
one lottery of all remaining producer applications. If reserve tonnage
exists under the program after the allocation of diversion tonnage has
been made to all eligible producer applicants who remove vines, all
other applications shall be considered. If the production volume in
such applications exceeds the amount of reserve raisin tonnage remaining
under the program, a lottery will be held to allocate the remaining
diversion tonnage in the manner described above.
(e) Approval of applications. The Committee shall notify the
applicant for diversion, in writing, as to whether or not the
application has been approved. If the application is not approved, the
notification shall state the reason(s) for disapproving the application.
(f) Disclosure of information. The applicant, whose application has
been approved, agrees that by participating in the raisin diversion
program, the information in the application may be disclosed to the
Committee, its representatives, or agents. The Committee, its
representatives, or agents may not use this information for any personal
use and shall comply with all applicable provisions pertaining to the
unauthorized disclosure of such information.
(g) Verification. The applicant, whose application has been
approved, authorizes Committee representatives and agents to have access
to the production unit in the diversion program during reasonable
business hours during the crop year to confirm compliance with the
program. Notice will be provided to the applicant of such visits.
Committees of not more than five persons shall be established in each
district designated by the Committee. Such raisin diversion program
committees shall serve as agents of the Committee to aid in assuring
producer compliance with the program. These committees may be furnished
the approved applications of producers in their district. These
committees shall advise the Committee of the progress of the diversion
within their district. If these committees have reason to believe that
any approved applicant is not complying with the raisin diversion
program, they shall notify the Committee prior to any further action.
The members of these committees shall serve without compensation, but be
allowed their necessary expenses as determined by the Committee.
(h) Compliance -- (1) Methods of diversion. An approved applicant
shall be required to remove the vines or spur prune the vines in order
to leave no canes, to preclude grapes from being produced and harvested
on the production unit involved in the program: Provided: That, vine
removal may be the only acceptable means of diversion in some seasons as
determined by the Committee. Bunches which occur on vines which have
been spur pruned shall be removed and destroyed before maturity. If the
Committee representatives or agents determine that there is an average
of more than four bunches per vine remaining on a properly spur-pruned
production unit, the producer shall be notified in writing and given two
weeks to remove such bunches. Grafting vines of one varietal type to
another varietal type does not constitute removal of the vines under the
program.
(2) Period of diversion. An approved applicant must remove the
grapes, or vines, indicated on the application within the production
unit or portion thereof designated in the application not later than
June 1 of the crop year when a raisin diversion program is implemented.
Producers who remove the vines on a production unit after August 15 may
qualify for a diversion program for that crop year if a diversion
program is announced and if diversion on that unit and vine removal
after August 15 can be documented and verified.
(3) Failure to divert. Any raisin producer who does not take the
necessary measures to remove the grapes on an approved production unit
by June 1, or any raisin producer who has indicated the removal of vines
or the intent to remove the vines and who does not remove such vines on
an approved production unit or portion thereof by June 1, shall not be
issued a diversion certificate, may be subject to liquidated damages and
interest charges as provided in paragraph (q) of this section, may be
subject to an injunctive action under the Act, and may be denied the
opportunity to participate in the next diversion program, when
implemented. For spur-pruned vines, this date may be extended two weeks
from the date of the inspection of a producer's vineyard if more than
four bunches on spur pruned vines are present at time of inspection.
(i) Issuance of certificates. When preliminary percentages are
announced, the Committee shall issue diversion certificates to those
approved applicants who have removed grapes in accordance with this
section. Such certificates shall represent an amount of reserve tonnage
raisins equal to the amount of raisins diverted from the production
unit(s), or portion(s) thereof, specified in the producer application,
or additional quantity granted by the Committee when vines are diverted
through vine removal or any other means established by the Committee, as
the case may be. If, prior to issuance of a certificate, the Committee
is notified by an approved applicant that that applicant's interest in
the production unit(s), or portion(s) thereof, involved in the program
has been transferred to another person, the Committee may substitute the
transferee for the applicant provided the transferee agrees to comply
with the provisions of this section.
(j) Submission of diversion certificates from producer to handlers.
Diversion certificates may be submitted by producers only to handlers.
The handler shall pay the producer for the free tonnage applicable to
the diversion certificate minus the established harvest cost for the
entire tonnage shown on the certificate.
(k) Redemption of certificates. Any handler holding diversion
certificates may redeem such certificates for reserve pool raisins from
the Committee. To redeem a certificate, a handler must present the
diversion certificate to the Committee and pay the Committee an amount
equal to the established harvest costs plus an amount equal to the
payment for receiving, storing, fumigating, handling, and inspecting
raisins as specified in 989.401 for the entire tonnage shown on the
certificate. Handlers who acquire diversion certificates from producers
shall report acquisitions of such certificates and submit them for
redemption in a manner and for the reporting periods provided in
989.173(b) for the acquisition of raisins acquired from producers. The
Committee shall issue a reserve release entitling the handler to an
amount of reserve pool raisins equal to the entire tonnage shown on the
certificate. Upon receipt of the diversion certificate, the Committee
shall note on the certificate that it is cancelled. Diversion
certificates will only be valid and honored if presented to the
Committee for redemption on or before December 15 of the crop year for
which they were issued.
(l) Lost, damaged, or destroyed certificates. The Committee should
be notified of any lost, damaged, or destroyed certificates as quickly
as possible by a handler or producer so that appropriate measures such
as issuing new certificates may be taken.
(m) Appeals. If a determination is made by the Committee that a
producer has not complied with these regulations and is not entitled to
a diversion certificate, that a producer is subject to liquidated
damages and interest or that a producer is denied the opportunity to
participate in the next RDP, such producer may request a hearing before
an appeals subcommittee established by the Committee. If a producer
disagrees with the subcommittee's decision, the producer may request the
Committee to review the subcommittee's decision. If the producer
disagrees with the Committee's decision upon review, the producer may,
through the Committee, request the Secretary's review of the decision.
(n) Voiding certificates. If, subsequent to a diversion certificate
being issued to a producer but before it has been submitted to a
handler, the Committee determines that the producer did nt comply with
these regulations, it shall void the certificate.
(o) Production unit. For the purposes of the raisin diversion
program, a production unit is a clearly defined geographic area with
permanent boundaries (either natural or man-made). In addition, a
producer must be able to document to the Committee the previous year's
production data for that specific area by means of sales receipts or
other delivery or transfer documents which indicate the creditable fruit
weight delivered to handlers from that specific area. A new production
unit will not be eligible for the raisin diversion program until at
least one year's production has been grown and is documented. An
existing production unit, transferred to a new or expanding producer, is
eligible for the raisin diversion program as soon as the previous year's
production can be properly documented.
(p) Handling of reserve pool tonnage released when diversion
certificates are redeemed. Handlers shall comply with the applicable
provisions of the order and administrative rules and regulations for the
reserve pool tonnage released under the raisin diversion program in the
same manner as raisins acquired from producers. Such provisions shall
include, but not be limited to, reporting, satisfying reserve pool
obligations, payment of assessments, storing reserve tonnage, and the
remedies in the event of failure to deliver reserve tonnage raisins.
(q) Liquidated damages and interest charges. By applying to
participate in a raisin diversion program, an applicant agrees that the
failure of the approved applicant to timely remove the vines or grapes
will cause serious and substantial damage to the program and the raisin
industry and that, in consideration of the approval of the application,
such applicant will pay liquidated damages and interest to the
Committee, in the event of such failure to timely remove vines or
grapes. Since it would be difficult, if not impossible, to determine
the amount of such liquidated damages, the following amount, which is a
fair measure of damages and not a penalty, shall apply:
(1) The amount of the liquidated damages shall be computed by
multiplying the tonnage on the approved diversion application (Form
RAC-1000) by the harvest cost determined and announced by the Committee.
(2) Each approved applicant shall, with the respect to liquidated
damages not paid by July 1, pay to the Committee interest on such unpaid
liquidated damages at the rate of the prime rate of the bank in which
the Committee has its reserve pool funds deposited, on the day the
liquidated damages become delinquent, plus 2 percent, and further such
rate of interest shall be added to the unpaid amount, monthly, until the
liquidated damages plus applicable interest are paid.
(3) Liquidated damages and interest collected by the Committee
pursuant to this subparagraph shall be deposited in the reserve pool
fund of the reserve pool applicable to the particular diversion program
and be distributed to the equity holders in that pool.
(r) Notification. If any changes are made in the terms and
conditions of the diversion program after a producer's application has
been approved, the Committee will notify the producer of such changes
and the producer will be given 10 calendar days to agree to the revised
terms, or to withdraw from the program. Failure of the producer to
notify the Committee in writing of its intention to withdraw from the
program within 10 calendar days from the date of the Committee's notice
will constitute agreement to the revised terms and conditions.
(s) Additional opportunity for vine removal. (1) The Committee may
announce a date later than that provided in 989.156(b), by which
producers, who agree to remove the vines on a production unit, or
portion thereof may file an application to participate in a raisin
diversion program. The announced date shall be not later than May 1,
except this date may be extended 30 days for the 1985 calendar year.
The diversion certificates will be issued only for the production units
or portions thereof from which the vines are removed. The total tonnage
available to such applicants shall not exceed the tonnage determined by
deducting the tonnage approved for applications received on or before
December 20 from the total tonnage announced as eligible by the
Committee for diversion. Applications shall be considered and approved
on a first-come, first-served, basis and shall not be given preference
over the tonnage approved for applications received on or before
December 20. The vines shall be removed from the production units or
portion thereof for which such applications are approved not later than
June 1, except this date may be extended 30 days for the 1985 calendar
year.
(2) Producers who agree to remove the vines pursuant to this
paragraph shall notify the Committee in advance of the date when such
vines will be removed in order to allow a representative of the
Committee to observe and verify such vine removal.
(3) The determination of the tonnage allowed for acreage removed for
less than a total production unit would be computed by multiplying the
previous year's tonnage produced and verified on the entire unit by the
ratio of the acreage removed divided by the acreage contained in the
total production unit.
(50 FR 3880, Jan. 29, 1985, as amended at 50 FR 33912, Aug. 22, 1985;
50 FR 50159, Dec. 9, 1985; 51 FR 15302, Apr. 23, 1986; 53 FR 4960,
Feb. 19, 1988; 53 FR 34714, Sept. 8, 1988; 54 FR 9416, Mar. 7, 1989)
07 CFR 989.157 Raisins produced from grapes grown outside of
California.
(a) Any raisins produced from grapes grown outside the State of
California that are received by a handler shall be observed and marked
for identification by an inspector. As provided in 989.173(b)(7), the
inspection service may request information needed to properly mark such
raisins for identification; it shall be the handler's responsibility to
arrange for such identification and furnish required documentation
promptly.
(b) In the absence of an inspector to observe and mark such raisins
for identification, the handler shall not permit the unloading to occur
unless the handler has a written statement from the inspection service
that an inspector cannot be furnished within a reasonable time:
Provided, That raisins so unloaded shall be observed and marked properly
upon an inspector being available.
(c) The handler shall notify the inspection service in writing at
least one business day in advance of the time such handler plans to
begin receiving raisins produced from grapes grown outside the State of
California, unless a shorter period is acceptable to the inspection
service.
(d) Raisins produced from grapes grown outside of the State of
California and received by a handler shall be marked for identification
by the inspector affixing to one container on each pallet or to each bin
in each lot a prenumbered RAC control card (to be furnished by the
Committee) which shall remain affixed until the raisins are processed
and disposed of or disposed of as natural condition raisins. The cards
shall be removed only by an inspector of the inspection service or
authorized Committee personnel.
(e) Each handler shall store raisins produced from grapes grown
outside the State of California separate and apart from all other
raisins held by such handler to the satisfaction of the Committee.
Storage of such raisins shall be deemed ''separate and apart'' if the
containers are marked as raisins produced from grapes grown outside the
State of California and placed so as to be readily and clearly
identified.
(f) Any raisins received by a handler produced from grapes grown
outside the State of California shall be processed and/or disposed of
under the surveillance of the inspection service. The handler shall
notify the inspection service in writing at least one business day in
advance of the time such processing and/or disposition will occur,
unless a shorter period is acceptable to the inspection service.
(g) The handler receiving raisins produced from grapes grown outside
of California shall pay fees assessed by the inspection service to
identify and maintain surveillance of such raisins.
(55 FR 28019, July 9, 1990)
07 CFR 989.158 Natural condition raisins.
(a) Incoming inspection. (1)(i) The Committee shall, upon request of
a handler who complies with the requirements of this part with respect
to inspection points, designate as his inspection point any place
(including his plant or receiving station) where the handler receives
raisins.
(ii) Each handler shall, at his expense, provide at each of his
inspection points reasonably safe and adequate facilities for receiving
raisins, drawing samples, and efficient inspection of natural condition
raisins. At the time of inspection of any lot, the handler shall, at
his expense, provide the inspector with any assistance necessary in the
inspection of the raisins, including the movement of individual
containers. Each handler, other than a processor, shall maintain with
the Committee a current written description, defining the boundaries and
other pertinent details, of each of his inspection points. In the event
the Committee determines that any inspection point, or any modification
thereof, does not comply with the definition or the requirements of this
part, it shall notify the handler of the changes necessary for
compliance. The handler shall make such changes promptly. In the event
any of his inspection points is the same as that of another handler or
person receiving raisins or grapes in any form, the handler shall
maintain his raisins separate and apart from any other raisins.
(iii) The weight of each lot of raisins tendered for receiving,
storage, reconditioning, acquisition, or disposition shall be
substantiated by an official ''State Certificate of Weights and
Measures'' issued by a public weighmaster, whether located at the
inspection point or otherwise, or such other document approved by the
Committee which accurately reflects the weight of each lot tendered.
The net weight of such raisins for the purposes of this part, shall be
determined by deducting the sand tare and box tare from the gross weight
of the raisins. The sand tare shall be the weight of the sand and other
foreign material removed from the raisins by passing the raisins over a
screen (of a type commonly used by the industry for such purpose) having
36 square openings to the square inch, with each opening being
one-eighth of an inch square.
(2) No handler, other than a processor, shall receive at points other
than at an inspection point, natural condition raisins from a tenderer,
either for acquisition, storage, reconditioning, inspection, or for
disposition in eligible nonnormal outlets: Provided, That this
requirement shall not preclude a handler from dehydrating, free from the
provisions of this part, at separate dehydrating facilities recognized
in 989.105 and located in California, raisins not delivered to an
inspection point. Any handler who accepts raisins at an inspection
point for drying or other reconditioning shall be deemed to have
received the raisins for reconditioning and shall be subject to the
provisions of this part with respect to such raisins.
(3) For each lot of natural condition raisins received by a handler
for acquisition, reconditioning, storage, inspection, or for disposition
in eligible nonnormal outlets, the handler shall, immediately upon
physical receipt and tentative acceptance thereof, issue a prenumbered
(numbered serially in advance) door receipt or weight certificate
showing the name and address of the tenderer, the weight of the lot, the
number and type of containers in the lot, and any other information
necessary to identify the lot. For the purposes of identifying incoming
lots of raisins, other than dehydrated raisins covered by paragraph (e)
of this section, a handler, if it is impracticable for him to issue
immediately a door receipt or weight certificate, may issue for
temporary use only a prenumbered ''Request for USDA Inspection'' on a
form furnished by the Committee. Any such raisins so received by a
handler shall, prior to their acceptance, be inspected at an inspection
point during the unloading process, and if certified as standard raisins
shall be, unless returned to the tenderer, either promptly acquired by
the handler or received for storage on memorandum receipt: Provided,
That in the absence of an inspector to perform inspection during
unloading, the handler shall not permit unloading to occur unless such
absence is during normal business hours and the handler has a written
statement from the inspection service to the effect that inspection
cannot be furnished within a reasonable time: And provided further,
That the raisins so unloaded shall be inspected promptly upon an
inspector being available. It shall be the handler's responsibility in
any case to arrange for the inspection, other than with respect to
dehydrated raisins covered by paragraph (e) of this section, and furnish
weight certificates promptly. Any raisins received by a handler as
off-grade for disposition in eligible non-normal outlets or for
reconditioning may be accepted uninspected: Provided, That an
application for receiving such uninspected raisins shall be submitted by
the handler, on a form furnished by the Committee, to the Inspection
Service prior to, or upon physical receipt of, such off-grade raisins.
Such form shall provide for at least the name and address of the
tenderer (equity holder), date, number, and type of containers, net
weight of the raisins, and the particular defect(s) the handler
indicates would cause the raisins to be off-grade. Handlers shall
complete and sign the form. The application for such uninspected
raisins shall not be acceptable unless signed by the tenderer. The
uninspected raisins shall be subject to surveillance by the Inspection
Service. Each lot of raisins accepted by a handler for reconditioning
shall be reconditioned separately from any other lot.
(4) If any lot of natural condition raisins tendered to a handler is
separated into two or more lots because a portion of the original lot
failed to meet minimum grade and condition standards, or because the
entire lot failed due to more than one defect, the handler shall issue a
prenumbered weight certificate for each such new lot not returned to the
tenderer, showing the name and address of the tenderer, the weight of
the lot, and the number and type of containers in the lot. The weight
of any meeting lot shall be determined by weighing it, or by weighing
the failing portion of the incoming lot and deducting the weight thereof
from the weight of the incoming lot. The weight of each failing lot
shall be determined by weighing it, or by deriving such weight by
applying the original average container weight to the number of
containers.
(5) Any financially interested party may, upon the payment of any
fees assessed by the inspection service, obtain an appeal inspection.
An appeal inspection shall be applicable only to raisins which have not
been removed from their containers, with pallet control cards still
affixed, are readily identifiable, and have not been removed from the
original inspection point: Provided, That when the condition of a lot
of such raisins may have changed subsequent to the original inspection,
an additional inspection, rather than an appeal inspection, may be
obtained.
(6) Raisins produced by a handler shall be subject to the
requirements of paragraph (a) (3) and (4) of this section upon delivery
to an inspection point. Raisins produced by a handler by dehydration
within an inspection point shall be subject to the requirements of
paragraph (a) (3) and (4) of this section immediately upon completion of
said dehydration.
(7) The inspection certificate for a mixed lot of natural condition
raisins (raisins of different varietal types commingled within their
containers) shall show the percentage which the raisins of each varietal
type is of the total raisins contained in the lot.
(8) With respect to any lot of natural condition raisins being
received and inspected at a handler's inspection point pursuant to
paragraph (a)(3) of this section, the handler shall notify the
inspection service if he elects to have the raisins inspected for
infestation. If the handler elects not to have the raisins inspected
for infestation, he shall: (i) Fumigate promptly all raisins he
receives; (ii) notify the inspection service in advance of the time he
plans to fumigate such raisins; (iii) permit the inspection service to
monitor the fumigation; and (iv) permit the inspection service to make
periodic incubation checks of his packed raisins. The inspection
service shall certify the raisins received as standard raisins if they
meet all other grade and condition standards. If the handler elects to
have the raisins inspected for infestation, the inspector shall afford
such handler the opportunity to fumigate such raisins during the
inspection and certification process. Such raisins shall remain under
the supervision of the inspector during the fumigation. The inspection
certificate shall not be issued until the fumigation is completed:
Provided, That the inspection certificate shall be issued, whether or
not the fumigation is completed, not later than five business days after
the date the inspection and certification process is suspended by the
inspector to permit fumigation.
(9) With respect to any lot (as defined in 989.104(a)(1)) of natural
condition raisins being received and inspected at a handler's inspection
point pursuant to paragraph (a)(3) of this section and notwithstanding
separation of the meeting portion of the original lot from the failing
portions thereof for the purposes on 989.104 and paragraph (a)(4) of
this section, any tenderer may, when permitted by the handler and when
notified by the inspector of defects during the inspection and
certification process, and in accordance with the provisions of this
subparagraph, perform any one or more of the following on an individual
box basis: (i) Mix raisins within boxes containing raisins that are
wet, or of high moisture content in some areas of the box; (ii) dump
raisins from wet boxes into dry boxes; (iii) remove wet raisins; or
(iv) remove foreign material such as sandburs, puncture vine seed,
Eucalyptus pods or leaves, rocks, and sticks. This authorization to the
tenderer shall not extend to raisins in containers larger than sweat
boxes; and the number of boxes in the original lot on which the
aforesaid actions may be performed during such process shall not exceed
ten, or five percent of the total number of containers in the lot,
whichever is less. Where the percentage computation results in a
fraction of a box and is less than ten boxes, it shall be rounded upward
to the next number. The entire lot of raisins shall remain under
surveillance of the inspector during such process. The actions of the
tenderer shall be done without delay, take place at the unloading dock
in the inspection point, or in the immediate area thereof, and be under
observation of the inspector.
(b) Submission of inspection certificates to the Committee. A copy
of each inspection certificate which a handler is required to submit to
the Committee pursuant to 989.58(d) shall be submitted not later than
Wednesday of the week following the week for which such certificate was
issued. This may be accomplished by authorizing the inspection service
to submit a copy of each such inspection certificate directly to the
Committee. A copy of such authorization shall be furnished to the
Committee.
(c) Off-grade raisins -- (1) Holding and identification. The
inspection certificates covering any lot of off-grade raisins shall
state whether or not such off-grade raisins are storable. Any raisins
which do not meet the applicable grade and condition standards shall be
classified in one of the three categories specified in 989.58(e)(1)
within 5 business days (excluding Saturdays, Sundays, and holidays)
after inspection or 3 such business days after issuance of the
inspection certificate, whichever is later: Provided, That these time
limits may be extended by the Committee under such conditions as it may
deem necessary in the circumstances. The handler shall report to the
Committee the information as required and specified in 989.173(b)(5).
Any such lot of off-grade raisins shall be identified immediately
following inspection by fixing to a container on each pallet a
prenumbered RAC control card (to be furnished by the Committee), and
kept separate and apart from any other raisins in the handler's
possession. In the event the handler does not normally use pallets in
his operation the RAC control card shall be affixed to one or more of
the containers in each lot. The RAC control cards shall remain fixed to
the containers until the raisins are (i) disposed of by the handler in
eligible nonnormal outlets, (ii) returned unstemmed to the tenderer, or
(iii) submitted for reconditioning. The cards shall be removed only by
an inspector of the inspection service or authorized Committee
personnel, except control cards designating lots held only for
fumigation may be removed by the handler after the completion of
fumigation to the satisfaction of the inspection service. Each lot of
off-grade raisins not returned to the tenderer shall be stored by the
handler separate and apart by varietal types from all other raisins and
by disposition and conditioning categories which preserve the lot
identity and, if for reconditioning, the defect identity. Off-grade
raisins shall be stored in such a manner as to be accessible to the
Committee.
(2) Change in off-grade categories. After raisins have been
classified as to the categories in 989.58(e)(1), any lot of natural
condition off-grade raisins held by a handler under paragraph (i) or
(iii) of 989.58(e)(1), may be changed to the other category, or to
paragraph (ii). Prior to making such change the handler shall notify
the inspection service in writing at least one business day in advance
of the time he plans to begin such change. Any off-grade lot under
paragraph (ii) of 989.58(e)(1) which has not been removed from the
handler premises and is identifiable with the original inspection, may
be tendered to the handler for the purposes of paragraph (i) or (iii) of
989.58(e)(1) and, if accepted, the handler shall so report to the
Committee. It shall be the responsibility of the handler to establish
and maintain the identity of the raisins in the changed categories in
accordance with the applicable provisions of paragraph (c)(1) of this
section. Where the tenderer has a financial interest in the raisins the
handler shall, before making any change in category, submit to the
Committee evidence of the tenderer's permission to make any such change,
except for changes from paragraph (i) or paragraph (iii) to paragraph
(ii) of 989.58(e)(1).
(3) Interplant and interpacker transfer of off-grade raisins. Any
packer may, pursuant to 989.58(e)(2) and under the surveillance of the
inspection service, transfer to or from another packer's plant in
California, any off-grade raisins for reconditioning. Such transfer may
be for the packer's convenience or that of a financially interested
person. Where a tenderer or other person has a financial interest in
the raisins, the handler shall first obtain the tenderer's or other
interested person's written agreement to the transfer. The handler
shall notify the inspection service in advance and in writing on a form
to be provided by the Committee, of the time he plans to transfer each
lot and shall send a copy of the notification to the Committee. The
notification shall be at least 1 business day in advance of the transfer
unless a shorter period is acceptable to the inspection service. In the
same manner except for the tenderer's or other person's written
agreement, any packer may transfer off-grade raisins from one of his
plants or inspection points to another of his plants in California. In
both cases such raisins may be removed directly to the premises of the
receiving packer or another plant of the packer under the surveillance
of the inspection service. Upon completion of the transfer all
applicable provisions of this part shall apply with respect to such
raisins and the packer receiving them.
(4) Reconditioning off-grade raisins -- reconditioning requirements.
(i) The handler shall notify the inspection service in writing at least
one business day in advance of the time he plans to begin reconditioning
each lot of raisins, unless a shorter period is acceptable to the
inspection service. Natural condition raisins which have been
reconditioned shall continue to be considered natural condition raisins
for purposes of reinspection (inspection pursuant to 989.58(d)) or
setaside by a handler to satisfy the handler's reserve pool obligation,
after such reconditioning has been completed, if no water or moisture
has been added; otherwise, such raisins shall be considered as packed
raisins. The weight of the raisins reconditioned successfully shall be
determined by reweighing, except where a lot, before reconditioning,
failed due to excess moisture only. The weight of such raisins
resulting from reconditioning a lot failing account excess moisture may
be determined by deducting 1.2 percent of the weight for each percent of
moisture in excess of the allowable tolerance. When necessary due to
the presence of sand, as determined by the inspection service, the
requirement for deducting sand tare and the manner of its determination,
as prescribed in paragraph (a)(1) of this section, shall apply in
computing the net weight of any such successfully reconditioned natural
condition raisins. If, after reconditioning, such raisins meet the
minimum grade standards, but no longer are natural condition raisins as
defined in 989.8, any handler who acquires such raisins shall meet his
reserve obligation from natural condition standard raisins of the same
varietal type acquired by him. The weight of the reconditioned raisins
acquired as packed raisins shall be adjusted to natural condition weight
by the use of factors applicable to the various degrees of processing
accomplished. The applicable factor shall be that selected by the
inspector of the reconditioned raisins from among factors established by
the Committee with the approval of the Secretary.
(ii) In reconditioning off-grade raisins, a handler shall use methods
designed to remove the defects whereby the lot fails to qualify as
standard raisins. Lots with identical defects may be reconditioned
simultaneously (commingled basis) but lots with differing defects shall
be reconditioned as separate lots.
(5) General. Reconditioning of off-grade raisins by a handler shall
be done in accordance with such procedure as will enable the inspector
to observe the off-grade raisins at any time and to make a proper
inspection. A packer may recover raisins from residual raisin material
obtained from his reconditioning operations in conformity with the
applicable provisions of 989.159(g)(1).
(6) Off-grade raisins which are not reconditioned successfully. (i)
Except as provided in paragraph (c)(6)(ii) of this section, no handler
shall return to the tenderer any off-grade raisins received for
reconditioning which, after his reconditioning of them is complete, have
been stemmed and which then fail to meet the applicable minimum grade
standards. Any raisins which fail to meet the applicable minimum grade
and condition standards or minimum grade standards after reconditioning
and all residual material from reconditioning, held by the handler,
shall be identified promptly by affixing to one or more containers in
each lot, or to a container in each pallet if pallets are used, a
prenumbered RAC control card as prescribed in paragraph (c)(1) of this
section: Provided, That such failing raisins and residual material
which are placed directly into trucks or trailers for immediate
disposition need not be identified by affixing thereto a RAC control
card. The handler shall hold the failing raisins and the residual
material separate and apart from all other raisins. The control cards
shall be removed from the containers only by an inspector of the
inspection service or authorized Committee personnel. The handler shall
physically dispose of the residual material, and any failing raisins
which he does not return unstemmed to the tenderer, only in eligible
nonnormal outlets as provided in 989.159(g)(2).
(ii) Any packer may arrange for or permit the tenderer to remove the
stemmed raisins (described in paragraph (c)(6)(i) of this section), but
not the residual, directly to the premises, within California, of
another packer for further reconditioning of the raisins at the latter's
premises. Such removal and transfer shall be made under the
surveillance of the inspection service. The packer shall notify the
inspection service as required in paragraph (c)(3) of this section and
shall obtain from the receiving packer a written statement that he will
receive the raisins for reconditioning. The notification shall be on a
form provided by the Committee, and a copy thereof and of the receiving
packer's statement shall be forwarded by the transferring packer to the
Committee. Such raisins may be received by the other packer without
inspection. On and after such receipt of the raisins for further
reconditioning, all applicable provisions of this part shall apply with
respect to such raisins and the packer so receiving them.
(7) Return of off-grade raisins to tenderer. Any off-grade raisins
which are to be returned unstemmed to the tenderer pursuant to
989.58(e)(1)(ii), shall be physically returned within five business days
after the issuance of the inspection certificate: Provided, That such
time limit may be extended by the Committee as it may deem justified by
extenuating circumstances. The handler shall file with the Committee a
report of the returned raisins as required in 989.173(b)(4).
(i) Unstemmed and stemmed raisins. For the purpose of determining
whether or not off-grade raisins may be returned to the person tendering
such raisins, ''unstemmed'' raisins shall be defined as lots of raisins
that contain 150 or more capstems per pound. ''Stemmed'' raisins means
lots of raisins that contain less than 150 capstems per pound.
(d) Reinspection of raisins held more than one hundred and twenty
days on memorandum receipt. No handler shall acquire raisins held on
memorandum receipt for a period longer than one hundred and twenty (120)
days unless such raisins have been reinspected and certified immediately
prior to acquisition as meeting the minimum requirements for standard
raisins: Provided, That the Committee at any other time may require
such reinspection and certification of raisins held on memorandum
receipt as a prerequisite to acquisition if it has reason to believe
that the raisins do not then meet such requirements.
(e) Inspection of raisins on dehydrator's premises -- (1) Application
and agreement. (i) Any dehydrator may submit to the Committee for
approval, and the Committee may approve, in accordance with the
provisions of this paragraph an application and agreement, on a form
furnished by the Committee, providing for dehydrator on-premise
inspection of natural condition raisins produced by the dehydrator by
subjecting grapes to artificial heat. Raisins so produced are referred
to in paragraph (a)(3) of this section and in this paragraph as
''dehydrated raisins.''
(ii) The provisions of such application and agreement shall include
at least the following:
(a) The dehydrator shall request the inspection service to inspect
all dehydrated raisins which the dehydrator produces and to issue a
related memorandum report of inspection at the time of loading any
quantity of such raisins for delivery to a packer's inspection point;
(b) The dehydrator will arrange with the inspection service for the
necessary inspection service to be performed by the service, and the
dehydrator will submit to the Committee a statement from the inspection
service that the dehydrator has adequate facilities for the inspection
and that such arrangements have been made;
(c) All necessary reconditioning of dehydrated raisins,
identification and segregation of raisins, and movement of inspected
dehydrated raisins on or from the dehydrator's premises shall be done in
such manner and under such conditions as the inspection service may
require;
(d) The dehydrator shall, at the time of the packer's receipt of such
raisins, furnish to the packer to whose inspection point the inspected
raisins are delivered the original and one copy of the memorandum report
of inspection covering such raisins;
(e) The dehydrator shall maintain such records and furnish such
reports and permit access to such records and the dehydrator's premises
as required in the application and agreement or as the Committee may
subsequently request; and
(f) The application and agreement may be suspended or terminated as
provided therein.
(iii) The Committee will notify raisin packers of each dehydrator
whose application and agreement has been approved by the Committee (such
dehydrator is referred to in this subpart as ''authorized dehydrator'');
similarly, the Committee will notify packers of each suspension or
termination of a previously approved application and agreement.
(2) Delivery of inspected dehydrated raisins. Any dehydrated raisins
which (i) are inspected on an authorized dehydrator's premises where
produced; (ii) are moved promptly and directly to a packer's inspection
point from the premises of the authorized dehydrator; (iii) are
accompanied by an applicable memorandum report of inspection to be
furnished to the packer; and (iv) are otherwise in compliance with the
provisions of such approved application and agreement and this paragraph
may be received by the packer without the inspection at time of receipt
required by 989.58(d). With respect to such dehydrated raisins, the
packer shall comply with all applicable requirements and procedures of
this part, including, but not limited to, inspection after any necessary
reconditioning and the inspection prescribed in 989.59.
(3) Packer's obligations. Immediately upon a packer's receiving any
such already inspected dehydrated raisins accompanied by the applicable
memorandum report of inspection, the packer shall give to the inspector
at the packer's inspection point where the dehydrated raisins were
received, the original and one copy of such memorandum report so that
the inspector may enter the net weight and scale ticket number on such
memorandum report of inspection and copy thereof. Whenever a packer
receives off-grade raisins from an authorized dehydrator he shall so
advise the inspector at the packer's inspection point at the time of
such receipt; and such raisins shall not be unloaded except in the
presence of the inspector or in accordance with such prior arrangements
as may have been made between the packer and the inspection service.
(f) Inspection of raisins at cooperative bargaining association's
receiving station -- (1) Application and agreement. (i) In accordance
with the provisions of this paragraph, any cooperative bargaining
association may submit to the Committee for approval, and the Committee
may approve, an application and agreement, on a form furnished by the
Committee, providing that where the association receives from individual
producers lots of natural condition raisins at any of its receiving
points and the raisins are inspected and stored consistent with such
application and agreement, such lots shall be eligible for delivery to
handlers, pursuant to paragraph (f)(3) of this section, without
reinspection. Any raisins which upon inspection by the inspection
service do not meet the applicable grade and condition standards shall
be identified immediately following inspection and kept separate and
apart from any other raisins in the association's possession.
(2) Terms and conditions. The provisions of such application and
agreement shall include at least the following terms and conditions:
(i) That the association shall, prior to delivery of any raisins to
handlers, arrange for inspection services at the association's receiving
station(s), and cause to be submitted to the Committee a statement by
the inspection service of such arrangement and of the association's
having adequate laboratory and other facilities for such services
available at the association's receiving station(s).
(ii) That the association shall maintain such facilities satisfactory
to the inspection service.
(iii) That the association shall request inspection of each lot of
raisins immediately upon physical arrival thereof at the association's
receiving station(s), and shall provide the inspector with any
assistance necessary in the inspection of such raisins, including the
movement of individual containers.
(iv) That the association shall fumigate all raisins received at the
association's receiving station(s) as necessary to assure that the
raisins are free from active infestation and maintain them as such while
on such premises, and that fumigation shall be performed to the
satisfaction of the inspection service.
(v) That the association shall, with respect to all raisins entering
its premises which are not returned to the producer as provided in
paragraph (f)(2)(vi) of this section, promptly affix to one or more
containers in each lot, or to a container in each pallet if pallets are
used, a Committee control card showing thereon such information as the
Committee requires to maintain the producer identity of each lot and
prevent commingling with any other lot. The association shall not move
all or any portion of a lot of raisins on the premises of the
association's receiving station(s) or load any such raisins for
shipment, except in the presence of an inspector of the inspection
service.
(vi) That the association shall store any standard raisins and any
off-grade raisins which are held by it after receipt and inspection on
the premises of its receiving station(s) under conditions which protect
the raisins from rain, infestation and contamination, and which can be
expected to maintain their respective conditions except for normal and
natural deterioration and shrinkage. Any raisins which after receipt
and inspection are not accepted and held by the association shall be
returned to the producer within 5 business days after the issuance of
the inspection certificate.
(vii) That the association shall furnish the inspection service with
a completed Committee form requesting issuance, at the time of loading
any lot of inspected raisins for delivery to any handler's inspection
point, of a memorandum report of inspection covering such lot.
(viii) That the association shall deliver to the handler at the time
of receipt of any such lot of eligible raisins at the handler's
inspection point the original and one copy of the inspection service's
related memorandum report of inspection; and such original and copy
shall accompany the shipment of such lot from the premises of the
association's receiving station(s) to the handler's inspection point.
(ix) That the association shall maintain complete records of the
receipt, holding and disposition of each lot of raisins and retain such
records for at least 2 years after the crop year in which such
transactions occurred.
(x) That the association shall file promptly with the Committee
certified reports showing such information as the Committee may request
relative to the association's receipts, holdings, and dispositions of
raisins.
(xi) That the association shall permit the Committee, the inspection
service, and the Secretary of Agriculture, through their duly authorized
representatives, to have access to the premises of the association's
receiving station(s) to inspect such premises and any raisins thereon
and any and all records with respect to the association's receipts,
holdings and dispositions of raisins.
(xii) That upon approval of the application and agreement the
Committee will notify handlers of such approval and that eligible lots
of inspected raisins will not require incoming inspection at handler
inspection points; will notify the interested handlers of any
suspension or revocation, for good cause, of the eligibility of a
particular lot of raisins; and will notify handlers of any suspension
or termination of the application and agreement.
(xiii) That the Committee will request the inspection service to
establish a fee to the association for the services to be rendered at
the same rate as is charged handlers.
(xiv) That the application and agreement may be suspended or
terminated as provided therein.
(3) Waiver of requirement for incoming inspection at handler
inspection point. Any lot of raisins which (i) is inspected on the
premises of the association's receiving station(s) pursuant to an
approved application and agreement, (ii) is in compliance with the
provisions of such application and agreement and this paragraph, (iii)
is moved under the surveillance of the inspection service to a handler's
inspection point from the association's receiving station(s) after
issuance of the related memorandum report of inspection, and (iv) is
accompanied by such memorandum report to be furnished to the handler may
be received by the handler without the inspection as required by
989.58(d) at time of receipt.
(4) Handler's obligations. With respect to such raisins received by
the handler, the handler shall comply with all applicable requirements
and procedures of this part, including, but not limited to, the
inspection prescribed in 989.59 and that required, as prescribed in
989.58(d), prior to the handler acquiring reconditioned raisins.
Immediately upon a handler receiving any such raisins accompanied by the
applicable memorandum report of inspection, the handler shall give to
the inspector at the handler's inspection point where such raisins are
received, the original and one copy of the memorandum report so that the
inspector may enter the net weight and scale ticket number on such
memorandum report of inspection and copy thereof.
(27 FR 3112, Mar. 31, 1962, as amended at 27 FR 10249, Oct. 19, 1962;
27 FR 10409, Oct. 25, 1962; 28 FR 13544, Dec. 14, 1963; 31 FR 16305,
Dec. 21, 1966; 32 FR 15915, Nov. 21, 1967; 32 FR 17467, Dec. 6 1967;
35 FR 16037, Oct. 13, 1970; 38 FR 20237, July 30, 1973; 42 FR 52377,
Sept. 30, 1977; 49 FR 18731, May 2, 1984; 49 FR 33994, Aug. 28, 1984;
55 FR 2226, Jan. 23, 1990; 55 FR 36608, Sept. 6, 1990)
07 CFR 989.159 Regulation of the handling of raisins subsequent to
their acquisition.
(a) Inspection facilities. At each of the premises where packed
raisins are to be inspected each handler shall, at his expense provide
reasonably safe and adequate space and other facilities necessary for
the proper and efficient inspection of such raisins.
(b) Identification of inspected raisins. (1) Each handler shall mark
each shipping container with legible code or other identification,
satisfactory to the Committee and the inspection service which shall
indicate (i) with respect to packed raisins, the date that the raisins
in such shipping containers were packed, and (ii) with respect to
shipments of natural condition raisins, the date on which such raisins
were inspected.
(2) Each handler shall furnish promptly to the Committee, through the
inspection service, a certified report on a form furnished by the
Committee showing the handler's count and weight of the raisins of each
pack and varietal type packed each day.
(c) Outgoing inspection. (1) Outgoing inspection and certification
of raisins as required by 989.59(d) shall be made as set forth in this
paragraph.
(2) Such inspection of natural condition raisins (which is subject to
exceptions and exemptions provided in this part) shall be made of each
individual lot and in each case not more than five days before the date
of shipment or other final disposition of the lot. The certificate that
the raisins meet the applicable minimum grade and condition standards
for natural condition raisins, which the handler is required to obtain
and submit to the Committee pursuant to 989.59(d), shall be on Form FV
146 labeled ''Certificate of Quality and Condition (Processed Foods).''
If shipment involves exportation to a foreign country, the handler shall
surrender to the United States Customs Service at the port of exit two
copies of such inspection certificate. Such an inspection and
certification (on Form FV 146) may, if requested by the handler, be made
at the time of his receipt or acquisition of the raisins. In such an
event, no additional inspection shall be required if the lot remains
intact and identifiable, and shipment or other final disposition takes
place within five days after the date of the inspection.
(3) Such inspection of packed raisins shall be made prior to shipment
or other final disposition, and unless made during the final processing
or packing operations so as to facilitate proper sampling, the inspector
shall perform the inspection on the basis of representative samples
drawn from shipping containers of the packed raisins.
(4) Except as otherwise provided in this part, where there is
presented for inspection a lot of packed raisins consisting of raisins
of different varietal types or sub-types commingled within their
containers, each such type and sub-type shall be inspected separately,
except that inspection for moisture shall be performed on the lot as a
whole. The inspection certificate shall show the respective percentages
which the raisins of the various types and sub-types are of the lot and
whether each meets the applicable minimum grade standards. In the event
the raisins of any such varietal type or sub-type contained in the lot
fail to meet the applicable requirements, other than for moisture, none
of the lot shall be certified as meeting minimum grade standards unless
it is found to be practicable to separate the raisins into two new lots,
one which meets and the other which fails to meet all of the applicable
minimum standards, respectively. Any lot of mixed types or sub-types of
packed raisins for which minimum grade standards are prescribed for each
type or sub-type pursuant to 989.59(a) and (b) but which in their
commingled form cannot be inspected against the standards for the
respective varietal types or sub-types and hence are excluded from the
category of ''Mixed types'' as defined in the then effective United
States Standards for Grades of Processed Raisins, or any raisins which
as a mixed lot contain moisture in excess of 18 percent, shall not be
certified as meeting the minimum grade standard for packed raisins.
(d) Submission of inspection certificates to the Committee. A copy
of each inspection certificate which a handler is required to submit to
the Committee pursuant to 989.59(d) shall be submitted not later than
Wednesday of the week following the week in which the certificate was
issued. This may be accomplished by authorizing the inspection service
in writing to submit a copy of each such inspection certificate directly
to the Committee. A copy of such authorization shall be furnished to
the Committee.
(e) Term of inspection certificate. Any handler who: (1) Fails to
ship or make other final disposition for human consumption of any lot of
packed raisins within 90 calendar days, or of any lot of natural
condition raisins within 5 calendar days, after the date of the last
inspection of the lot; or
(2) Has any shipment or portion of a shipment returned to his
inspection point or storage premises within the area,
shall, before any such shipment or final disposition, or before
blending with other raisins, have such raisins inspected for condition
and shall furnish promptly to the Committee (which may be through the
inspection service as provided in 989.158(b)) a copy of the inspection
certificate showing that the raisins meet the respective requirements of
this part for shipment, final disposition or blending.
(f) Exemption of experimental and specialty packs -- (1) Shipment
under exemption. Upon obtaining approval of the Committee as provided
in this paragraph, any handler may ship or dispose of raisins in
experimental or specialty packs without regard to one or more of the
requirements of the minimum grade standards for packed raisins and
inspection and certification requirements, prescribed pursuant to
989.59. For the purpose of this exemption, experimental and specialty
packs means raisins processed using methods, materials, or techniques
that are not normally employed in packing raisins.
(2) Application for exemption. Each application for exemption shall
be filed with the Committee in triplicate. The application shall at
least contain information as to: (i) The name and address of the
handler; (ii) the estimated quantity of each varietal type of raisins
for which the exemption is requested; (iii) the specific requirements
in the minimum grade standards from which exemption is requested; (iv)
the special processing involved; (v) the net weight of each type of
container; (vi) whether disposition will be made direct to consumers,
wholesalers, retailers, persons, or organizations, and any special uses
to be made of such raisins; and (vii) the general quality, style, and
condition of the raisins for which the exemption is requested.
(3) Committee action on application. The Committee in its discretion
shall approve each application for exemption of raisins, if it concludes
that such exemption shall not jeopardize the objectives of the marketing
order program. The Committee shall notify the handler promptly in
writing of its approval or disapproval of his application and, if the
application is approved, the maximum quantity for which approval is
granted. If the application is disapproved, the Committee shall inform
the handler of the reasons therefor.
(4) Reports. The handler shall report shipments or other
dispositions under an approved exemption as required pursuant to
989.173(e).
(g) Off-grade raisins, other failing raisins, and raisin residual
material -- (1) Recovery of raisins. For the purposes of 989.59(f)
and 989.158(c)(4), a packer may recover raisins from: (i) Residual
raisins from his processing of standard raisins; (ii) any raisins
acquired as standard raisins which fail to meet the applicable outgoing
grade and condition standards; (iii) any raisins rejected on a
condition inspection; and (iv) residual raisins from reconditioning of
off-grade raisins: Provided, That such recovery under paragraph (g)(1)
(ii) and (iii) of this section must occur without blending, if the
failure to meet the minimum grade standards for packed raisins is due to
a defect or defects affecting the wholesomeness of the raisins: And
provided further, That such recovery under paragraph (g)(1)(iv) of this
section must occur without blending, except as permitted in
989.158(c)(4)(ii), and the weight of standard raisins in residual from
off-grade raisins shall be credited equitably to the same lot or lots
from which the residual was obtained. The provisions of this paragraph
are not intended to excuse any failure to comply with all applicable
food and sanitary rules and regulations of city, county, state, federal,
or other agencies having jurisdiction.
(2) Disposition. (i) Except as authorized in this part, no handler
shall ship or otherwise dispose of any off-grade raisins, other failing
raisins, or raisin residual material. Any handler may ship, transfer,
or otherwise dispose of off-grade raisins, other failing raisins, and
raisin residual material to or at points within the continental United
States (other than Alaska) for use in eligible nonnormal outlets only
after filing with the Committee a written application to make such
shipment, transfer, or other disposition and receiving its written
approval thereof. However, the requirements of prior filing and
approval of any such application shall not apply to:
(a) The transfer of any such raisins or residual material by a
handler from one of his plants to another of his plants in the State of
California, except any transfer of raisins which are for reconditioning
shall be in accordance with 989.158(c)(3);
(b) Any interpacker transfer or removal of off-grade raisins made in
accordance with 989.158(c)(3) and of unsuccessfully reconditioned
off-grade raisins which have been stemmed (other failing raisins) made
in accordance with 989.158(c)(6)(ii);
(c) Any return by a handler of unstemmed off-grade raisins to the
tenderer in accordance with 989.158(c)(7);
(d) Any shipment or transfer of off-grade raisins, other failing
raisins, or raisin residual material by any handler to a processor
within the State of California for use, within the State, in eligible
nonnormal outlets;
(e) Any shipment or transfer of off-grade raisins, other failing
raisins, or raisin residual material by a handler to any person with an
effective agreement with the Committee, in which he agrees (1) to use
such raisins and raisin residual material only in eligible nonnormal
outlets, (2) if not so used, to pay to the Committee liquidated damages
in the amount and under the conditions specified in paragraph
(g)(2)(iii) of this section, and (3) to maintain complete, accurate, and
current records regarding his dealings in raisins and raisin residual
material, retain the records for at least 2 years, and permit
representatives of the Committee and Secretary of Agriculture to examine
all of his books and records relating to raisins and residual material;
and
(f) Any direct use by the handler of such raisins or material in
eligible nonnormal outlets within the State of California.
(ii) Each such application shall, in addition to the agreement
specified in paragraph (g)(2)(iii) of this section, include as a
minimum: (a) The names and addresses of the handler, the buyer, the
consignee, and the user; (b) the quantity of off-grade and other
failing raisins and the quantity of raisins residual material to be
shipped or otherwise disposed of; (c) a description of such off-grade
raisins and other failing raisins and raisin residual material, as to
type or origin; (d) the present location of such raisins and raisin
residual material; (e) the particular use to be made of the raisins;
and (f) a copy of the sales contract, which may be on a form furnished
by the Committee, wherein the buyer agrees:
(1) Not to ship such raisins or raisin residual material to points
outside the continental United States or to Alaska;
(2) To dispose of the raisins or raisin residual material only for
uses in eligible non-normal outlet(s); and
(3) To maintain complete, accurate, and current records regarding his
dealings in raisins, retain the records for at least 2 years, and permit
representatives of the Committee and of the Secretary of Agriculture to
examine all of his books and records relating to raisins and residual
material.
(iii) Each such application shall also include a provision for
liquidated damages wherein the handler, in consideration of the
Committee approving his application, agrees that in the event any
raisins or raisin residual material covered by the approved application
should be shipped to points outside of the continental United States or
to Alaska, or disposed of in other than eligible non-normal outlets, by
any person, it will cause serious and substantial damage to the
Committee, to producers, and to handlers of raisins and will be
difficult, if not impossible, to prove the extent of such damage.
Therefore, the handler shall pay to the Committee a sum equal to the
established field price as liquidated damages for each ton so shipped or
disposed of, such sum being a fair measure of damages and not a penalty.
(iv) The Committee shall notify the applicant in writing of its
approval action. In acting on an application, the Committee may
disapprove the application when: (a) The application is incomplete, or
any required information has not been submitted; (b) the Committee has
cause to believe that the raisins or raisin residual material covered by
the application will not be shipped or disposed of in accordance with
the application; or (c) the handler, or any of the parties involved in
the proposed shipment or disposition, had shipped or made disposition or
use of raisins or raisin residual material covered by a previously
approved application inconsistent with that application. When the use
or the name and address of the user or consignee are not known to the
handler, the Committee shall not approve the application until it has
been informed as to such use and user and consignee of the raisins or
residual material.
(v) The Committee may, for cause, revoke any previously approved
application of a handler if the handler, buyer, consignee or user
covered by the application has shipped or made disposition inconsistent
with any approved application. The Committee shall notify the handler
in writing of such revocation.
(vi) The handler shall furnish the Committee with a copy of the
shipping document or other documentary evidence of the disposition as
may be satisfactory to the Committee and at such times as the Committee
may direct.
(h) Appeal inspection. An appeal inspection on an original
inspection may be obtained from the inspection service upon the request
of any financially interested party and upon the payment of any fees
assessed by the inspection service for such appeal inspection.
(27 FR 3112, Mar. 31, 1962, as amended at 30 FR 6906, May 21, 1965;
31 FR 16306, Dec. 21, 1966; 36 FR 13980, July 29, 1971; 38 FR 13012,
May 18, 1973; 38 FR 20237, July 30, 1973; 42 FR 52377, Sept. 30,
1977; 49 FR 18731, May 2, 1984)
07 CFR 989.160 Exemptions.
(a) Any processor may receive or acquire any raisins for use in
eligible nonnormal outlets, and dispose of them for such use, without
having them inspected and certified. Processors receiving or acquiring
raisins under such exemption, or otherwise receiving or acquiring
raisins which do not meet the applicable minimum grade and condition
standards, shall not ship or otherwise dispose of any such raisins
except in conformity with the provisions of 989.159(g)(2). Processors
shall report receipts and acquisitions and make such other reports as
are or may be required pursuant to 989.73 and 989.173.
(b) Disposition of raisins produced in Southern California. Raisins
produced from grapes dried on the vine in the counties of Riverside,
Imperial, San Bernardino, Ventura, Orange, Los Angeles, and San Diego,
which are disposed of for use in distillation, livestock feed, or by
export in natural condition to Mexico shall be exempt from the
provisions of this part.
(30 FR 6906, May 21, 1965, as amended at 38 FR 13013, May 18, 1973)
07 CFR 989.160 Volume Regulation
07 CFR 989.166 Reserve tonnage generally.
(a) Set-aside obligations -- (1) Natural (sun-dried) Seedless.
Handlers who acquire any lot of natural condition Natural (sun-dried)
Seedless raisins which have been dipped in or sprayed with water, with
or without chemicals prior to or during the drying process, for purposes
other than to expedite drying, or that have been produced from seedless
varieties of grapes other than Thompson Seedless (i.e., Fiesta, Emerald
Seedless, Perlette, Delight, and other similiar grape varieties), may
set aside such raisins to satisfy their reserve pool obligation:
Provided, That such raisins shall be identified by the Inspection
Service affixing to one container on each pallet or to each bin in each
lot, a prenumbered RAC control card (to be furnished by the Committee)
which shall remain affixed until raisins are processed or disposed of as
natural condition raisins: and Provided further, That such raisins
shall not be deliverered to the Committee or transferred to another
handler without approval of the Committee or the receiving handler.
(2) Mixed varietal types. A handler who acquired any lot of natural
condition raisins of mixed varietal types (commingled within their
containers) shall meet the reserve tonnage setaside obligation for each
varietal type contained in the mixed lot by setting aside raisins of
each such varietal type which have not been mixed or commingled with
raisins of any other varietal type. The obligation as to each varietal
type shall be computed according to the reserve percentage established
by the Secretary, and the percentage of the varietal type contained in
the mixed lot as shown by the incoming inspection certificate applicable
thereto.
(b) Storage of reserve tonnage raisins -- (1) Time limits for setting
aside pool tonnage. Handlers shall be allowed 3 calendar days
(exclusive of Saturdays, Sundays, and holidays), after the preliminary
or interim percentages have been computed and announced by the
Committee, and after the publication in the Federal Register of the
applicable final reserve percentages established for the crop year, or
after any reserve tonnage raisins are acquired subsequent to the
percentages being announced or established, to segregate and properly
stack each varietal type of reserve tonnage raisins.
(2) Conditions. Each handler shall store reserve tonnage raisins in
storage and under conditions which protect them from rain and which
reasonably can be expected to maintain the raisins free of any
biological or other infestation or contamination. Each handler shall,
pursuant to 989.66(b)(2), store each varietal type of reserve tonnage
raisins held by him for the account of the Committee, separate and apart
from all other raisins. Storage of such raisins shall be deemed
''separate and apart'' if the containers are so marked and placed as to
be capable of ready and clear identification as to the category in which
are held. Reserve tonnage raisins shall be stored in sweat boxes,
picking boxes, or other portable containers not exceeding one ton
capacity:
(3) Substitution of free tonnage. A handler may, pursuant to
989.66(b)(3), after giving the Committee reasonable advance notice in
writing and under its direction and supervision, substitute standard
raisins for reserve tonnage raisins.
(c) Remedy in the event of failure to deliver reserve tonnage
raisins. A handler who fails to deliver to the Committee, upon request,
any reserve tonnage raisins in the quantity and quality for which he has
become obligated (after any shrinkage allowances which may then be in
effect are applied and allowances for any deterioration due to
conditions beyond his control are made) shall compensate the Committee
for the amount of the loss resulting from his failure to so deliver.
The amount of compensation for any shortage of tonnage shall be
determined by multiplying the quantity of reserve raisins not delivered
by the latest weighted average price per ton received by producers
during the particular crop year for free tonnage raisins of the same
varietal type or types, plus any charges already paid or credited to the
handler and cost incurred by the Committee on account of the handler's
failure to deliver. The weighted average price shall be determined from
those sales made during the particular crop year up to the time such
cash payment is requested by the Committee, or up to the end of the
particular crop year, whichever date may be earlier. The amount which a
handler shall compensate the Committee for any reserve raisins which
have deteriorated so as to be off-grade in quality during storage for
reasons within his control, shall be the latest weighted average price
received by the Committee for the applicable varietal type of reserve
pool raisins, less the amount actually received by the Committee in the
disposition of the deteriorated raisins delivered by the handler (or the
salvage value of such raisins as determined by the Committee). Any
amounts paid to the Committee in satisfaction of such deficiencies shall
accrue to the earnings of the applicable reserve pool. The remedies
provided in this paragraph shall be in addition to, and not exclusive
of, any or all of the remedies or penalties prescribed in the act for
failure on the part of the handler to comply with the applicable
provisions of the act or of this part.
(d) Disposition of reserve tonnage raisins which become off-grade for
causes beyond the handler's control. Any reserve tonnage raisins held
by or for the account of the Committee which become off-grade for
reasons beyond the handler's control shall, at the Committee's
discretion, be reconditioned or disposed of by the Committee, or under
the Committee's control, in eligible nonnormal outlets. Any monetary
loss sustained in the reconditioning or disposition of such raisins, not
covered by insurance carried by the Committee, shall be charged to the
applicable reserve pool.
(e) Offers of reserve tonnage raisins to handlers for sale in export.
Whenever the Committee offers reserve tonnage raisins to handlers for
sale in export, it shall specify in addition to the normal contract
terms and conditions, the total quantity, the price and period within
which each handler will be permitted to purchase his share of the offer.
Whenever a handler's share of an offer is less than, or exceeds, his
holding of reserve tonnage raisins by not more than 10 tons, the
Committee may adjust his share so as to avoid the cost involved in the
physical transfer of raisins. If, prior to the expiration of the offer
period, a handler desires to obtain reserve tonnage in an amount greater
than that represented by his share of the offer, he may negotiate with
another handler for any unpurchased portion of the other handler's share
of an outstanding offer. No such transaction shall be deemed to reduce
the transferring handler's share or to increase the transferee handler's
share so as to affect either handler's share privileges in subsequent
offers. Transfers to implement such transactions between handlers shall
be permitted by the Committee only upon receipt of written
authorization, on a form furnished by the Committee, by the transferring
handler. All limitations applicable to the transferred tonnage shall
continue to apply. Such reserve tonnage raisins will be released by the
Committee to the transferee handler upon submission of his completed
application and full payment for such raisins, and such transferee
handler shall be responsible to the Committee for all documentation
required in connection with the transaction. All such transfers shall
be made at the expense of the handlers concerned.
(32 FR 15916, Nov. 21, 1967, as amended at 38 FR 14960, June 7, 1973;
42 FR 52377, Sept. 30, 1977; 49 FR 18731, May 2, 1984; 54 FR 29327,
July 12, 1989; 56 FR 38072, Aug. 12, 1991)
07 CFR 989.167 Disposal of reserve raisins.
(a) Offer of reserve tonnage raisins for use in noncompetitive
outlets. Whenever the Committee proposes to offer to sell standard
reserve tonnage raisins in noncompetitive outlets pursuant to 989.67(a)
and (b), it shall promptly file with the Secretary complete information
with respect thereto and the basis therefor. The Secretary shall have
the right to disapprove, within seven calendar days, the making of such
an offer or sale or any term or conditions thereof.
(b) Determination of price of reserve tonnage sold for free tonnage
use. Whenever, pursuant to 989.67(j), the Committee concludes, with
respect to any varietal type of raisins, that a downward trend in the
price received by producers for free tonnage, or in the prices received
by handlers for free tonnage packed raisins, makes it impracticable to
sell reserve tonnage at the average price received by producers for free
tonnage plus pooling costs, the Committee, subject to the requirements
of 99.67(j), may sell reserve tonnage raisins at the currently
prevailing field price for free tonnage raisins of the same varietal
type, unless such price is deemed to be unrepresentative of the current
f.o.b. price of free tonnage packed raisins. In such an event, or if
there is no current field price, the Committee shall make any offer of
reserve tonnage at approximately the computed field price obtained by
deducting from the current f.o.b. price for free tonnage packed raisins
of the varietal type to be offered, the approximate recent packing and
handling margin between such packed price and the field price for free
tonnage raisins. This paragraph (b) shall not be in effect from July
30, 1984, through July 31, 1986.
(c) Terms of reserve tonnage offers. Whenever the Committee offers
reserve tonnage raisins to handlers for use in free tonnage outlets, the
Committee shall, among other terms and conditions of the offer, specify
(1) the period in which each handler shall be given the opportunity to
purchase his share of the offer, and (2) the period in which each
eligible handler shall be given an opportunity to purchase his
respective share of any reoffer. In the event reserve pool raisins are
transferred by the Committee, the purchasing handler shall promptly
empty the raisins from the containers used in the transfer so that the
Committee may return the containers and pallets used in the transfer to
the handler from whom the raisins were transferred within 10 business
days from the date of transfer. Any handler who refuses to permit the
containers in which reserve pool raisins are stored to leave his
premises, shall, at his expense, place such raisins in containers
supplied by the Committee.
(32 FR 15916, Nov. 21, 1967; 33 FR 2380 Jan. 31, 1968, as amended at
49 FR 30296, July 30, 1984)
07 CFR 989.167 Reports and Records
07 CFR 989.173 Reports.
(a) Inventory reports. Each handler shall submit to the Committee as
of the close of business on July 31 of each crop year, and not later
than the following August 6, an inventory report which shall show, with
respect to each varietal type of raisins held by him:
(1) The quantity of free tonnage raisins, segregated as to locations
where they are stored and whether they are natural condition or packed;
(2) The quantity of reserve tonnage raisins for the account of the
Committee; and
(3) The quantity of off-grade raisins segregated as to those for
reconditioning and those for disposition as such. Upon request by the
Committee, each handler shall file at other times, and as of other
dates, any of the said information which may reasonably be necessary for
the determination or revision of marketing policy and which the
Committee shall specify in its request.
(b) Reports of raisins received or acquired -- (1) General. (i)
Except as otherwise provided in paragraph (i) of this section, each
handler shall submit to the Committee (on forms furnished by it) for
each week (Sunday through Saturday or such other 7-day period for which
the handler has submitted a proposal to and received approval from the
Committee) and not later than the following Wednesday, the reports
specified in paragraphs (b) (2), (3), (4), and (5) of this section.
(ii) For each report required to be submitted pursuant to this
paragraph, the required information shall be shown separately for each
varietal type. With each report, other than that specified in paragraph
(b)(4) of this section, the handler shall submit a copy of the door
receipt, weight certificate or such other document approved by the
Committee that accurately reflects the weight of each lot tendered, for
each lot of raisins received or acquired by him during the reporting
period and for each lot of raisins stored on memorandum or warehouse
receipt which was returned to the tenderer during such period, which
shall show the information to be contained on such receipts or weight
certificates as specified in 989.158(a)(3). At the time he submits the
reports specified in paragraphs (b) (2) and (3) of this section to the
Committee, each handler shall submit a copy of each such report to the
Inspection Service.
(2) Acquisition of standard raisins. Each handler shall report:
(i) The total net weight of the standard raisins acquired during the
reporting period, segregated when appropriate, as to free tonnage and
reserve tonnage;
(ii) The location of the reserve tonnage raisins; and
(iii) The cumulative totals of such acquisitions (as so segregated)
from the beginning of the then current crop year.
(3) Standard raisins received for memorandum storage. Each handler
shall, with respect to all standard raisins held for memorandum receipt,
storage, bailment, or warehousing (raisins received other than by
acquisition or interhandler transfer), report:
(i) The net weight of such standard raisins held at the start of the
reporting period;
(ii) The net weight of such standard raisins received during the
reporting period;
(iii) The net weight of such standard raisins acquired during such
period and included with the acquisitions required to be reported
pursuant to paragraph (b)(2) of this section;
(iv) The net weight of such raisins returned during such period to
the persons from whom they were received; and
(v) The net weight(s) and location(s) of such raisins held at the end
of such period.
(4) Off-grade raisins returned to tenderers. Each handler shall
report with respect to each lot of off-grade raisins which the handler
returned during the reporting period to the tenderer pursuant to
paragraph (1) of 989.58(e):
(i) The inspection certificate number;
(ii) The net weight;
(iii) The name of the tenderer; and
(iv) The date the lot was returned to the tenderer.
(5) Off-grade raisins received for reconditioning or disposition in
eligible nonfood channels. Each handler who is not a processor shall,
with respect to all off-grade raisins received by the handler and
retained by him for reconditioning or for disposition or use in eligible
nonnormal outlets, report for each category received or reconditioned
during the reporting period:
(i) The name of each tenderer;
(ii) The net weight of such raisins;
(iii) The locations where received;
(iv) The inspection certificate number covering each receipt;
(v) The name and address of each person to whom residual or off-grade
lots were delivered for disposition, and the respective net weight
delivered; and
(vi) The total net weight (according to location) of each category of
off-grade raisins held by him at the end of the reporting period.
Each nonacquiring handler shall report also the weight of standard
raisins recovered from reconditioning, their inspection certificate
number(s) and the handler or other person to whom the standard raisins
were delivered.
(6) Monthly report of raisins received or acquired by processors.
Each processor who receives or acquires off-grade raisins, or who avail
himself of the exemptions from the grade and inspection requirements
provided in 989.58, 989.59(f), and 989.160 and receives or acquires
raisins or raisin residual material, shall submit to the Committee on or
before the 7th day of each month a report of such raisins, raisin
residual material, and off-grade raisins received or acquired during the
preceding month. Each report shall show for each varietal type:
(i) The name and address of each handler, producer, or other person
from whom such raisins or raisin residual material was received or
acquired; and
(ii) The net weight of such raisins and raisin residual material.
(7) Receipt of raisins produced from grapes grown outside the State
of California. Each handler who receives raisins produced from grapes
grown outside the State of California shall submit to the Committee, on
an appropriate form provided by the Committee so that it is received by
the Committee not later than the eighth day of each month, a report of
the receipt of such raisins. This report shall include: The varietal
type of raisins received; the net weight (pounds) of raisins
categorized as natural condition or packed for the current month as well
as a cumulative quantity from August 1; and the State or country where
the raisins were produced. With each report, the handler shall submit a
copy of the door receipt, weight certificate, or such other document as
required by the Committee that includes, but is not limited to, the name
of the tenderer (equity holder) from whom such raisins were received,
the varietal type(s) of raisins, the net fruit weight, the number and
type of containers in the lot, the date of delivery, and the address
including State or country where such raisins were produced.
(c) Reports of disposition -- (1) Free tonnage raisins. Each month
each handler who is not a processor shall furnish to the Committee, on
an appropriate form provided by the Committee and so that it is received
by the Committee not later than the seventh day of the month, a report
showing the aggregate quantity of each varietal type of free tonnage
packed raisins and standard natural condition raisins which were shipped
or otherwise disposed of by him during the preceding month (exclusive of
transfers within the State of California between the plants of any such
handler and from such handler to other handlers). Such required
information shall be segregated as to:
(i) Domestic outlets (exclusive of Federal Government purchases)
according to the quantity shipped in consumer cartons, the quantity
shipped in bags having a net weight content of four pounds or less, and
the quantity shipped in bulk packs (including, but not limited to those
in bags having a net weight content of more than four pounds);
(ii) Federal Government purchases;
(iii) Export outlets according to the quantity shipped in consumer
cartons, the quantity shipped in bags having a net weight content of
four pounds or less, and the quantity shipped in bulk packs (including,
but not limited to, those in bags having a net weight content of more
than four pounds);
(iv) Export outlets, by countries of destination; and
(v) Each of any other outlets in which the handler has made
disposition of such raisins other than by any transfer which is excluded
by the preceding sentence.
(2) Disposition by handlers (other than processors) of off-grade
raisins, other failing raisins, and raisin residual material. Each
handler who is not a processor shall submit to the Committee on or
before the seventh day of each month a report of all shipments and other
dispositions made during the preceding month of off-grade raisins, other
failing raisins, and raisin residual material. Such report shall be
submitted on a form furnished by the Committee and shall include the
following information:
(i) Date of each shipment and other disposition;
(ii) Name and address of each buyer and receiver; and
(iii) Description and net weight of the raisins and raisin residual
material in each shipment or other disposition.
(3) Disposition by handlers of raisins produced from grapes grown
outside the State of California. Each handler who receives raisins
produced from grapes grown outside the State of California shall submit
to the Committee, on or before the eighth day of each month, a report,
on the appropriate form provided by the Committee, of all shipments of
such raisins made during the preceding month. This report shall
include:
(i) The varietal type(s) of raisins shipped;
(ii) The net weight (pounds) of raisins shipped;
(iii) The destination (domestic, export, and other disposition such
as distilleries, livestock feeders, or concentrate) of such shipments;
and
(iv) The types of raisin packages (carton, bag, or bulk) shipped.
(4) Disposition reports by processors. Each processor shall submit
to the Committee, upon its request, such of the following information
and for such period as the Committee shall specify;
(i) The quantity of raisins and raisin material sold or otherwise
disposed of by processing operations, segregated as to the processing
outlets and the kinds of raisins or raisin material which the Committee
shall specify; and
(ii) The quantity of raisins or raisin material sold or otherwise
disposed of by the processor, segregated as to specified outlets and
kinds of raisins or raisin material.
(d) Reports of interhandler transfers -- (1) Free tonnage. Any
handler who transfers free tonnage raisins to another handler within the
State of California shall submit to the Committee not later than five
calendar days following such transfer a report showing:
(i) The date of transfer;
(ii) The name(s) and address(es) of the handler or handlers and the
locations of the plants;
(iii) The varietal type, net weight and condition of the raisins
transferred; and
(iv) If packed, the inspection certificate number in the event such
raisins have been inspected prior to such transfer and a certificate
issued. Two copies of such report shall be forwarded to the receiving
handler at the time the report is submitted to the Committee, on one of
which the receiving handler shall certify to the receipt of such raisins
and submit it to the Committee within five calendar days after the
raisins or the copies of such report have been received by him,
whichever is later.
(2) Off-grade and other failing raisins. Any handler who transfers
off-grade raisins or other failing raisins including off-grade raisins
unsuccessfully reconditioned, to another handler, other than a processor
within the State of California, shall submit to the Committee (on forms
furnished by it) no later than Wednesday following the week of the
transfer:
(i) The date of transfer;
(ii) The name and address of the receiving handler and the location
of his plant;
(iii) The name and address of the tenderer of each lot included in
the transfer and the inspection certificate numbers applicable to the
lot; and
(iv) The varietal type, net weight, and condition of the raisins.
(e) Report of shipments of experimental or specialty packs under
exemption. Each handler who obtains an exemption pursuant to 989.59(g)
for the shipment of experimental or specialty packs of raisins shall
submit to the Committee on a copy of the approved application for
exemption a report showing the quantity of raisins shipped or disposed
of under such exemption. The handler shall submit the report promptly
after the end of the crop year or after completion by him of all
shipments of such exempted raisins, whichever is earlier.
(f) Reports pertaining to the release of reserve tonnage and
marketing policy information. Upon request of the Committee, each
handler shall submit to the Committee on forms furnished by it a report
containing such of the following information for each specified varietal
type of raisins as the Committee may request:
(1) The quantity of free tonnage raisins held by him in and outside
California as of the date specified in the Committee's request,
segregated by the portion sold and the portion not sold;
(2) The total quantity of raisins expected to be acquired by him
subsequent to the date specified by the Committee, pursuant to purchase
contracts with producers and dehydrators, which are in effect as of the
date specified by the Committee;
(3) The weighted average price paid by him to producers and
dehydrators for free tonnage raisins, natural condition basis, during
the period specified by the Committee and the quantity of raisins for
which such average was computed;
(4) The quantity of free tonnage raisins sold or sold and shipped (as
to which category the Committee shall specify) by him during a period
specified by the Committee, segregated to show the quantities sold or
sold and shipped in:
(i) Domestic markets; and
(ii) Foreign markets, detailed by country; and
(5) The average weighted f.o.b. sales prices received from sales,
during a period specified by the Committee, of raisins in 30 pound fibre
cases in domestic markets and the quantity of raisins for which such
average prices were computed. Each such report shall be submitted not
later than the end of the fifth calendar day following either the date
of the request by the Committee or the ending date of the period to be
covered by the report, whichever is later.
(g) Certification of report. All reports submitted to the Committee
pursuant to this part shall be dated, and certified to the United States
Department of Agriculture and to the Raisin Administrative Committee as
to the truthfulness, accuracy and completeness of the information shown
thereon.
(h) Reporting by non-profit cooperative associations. Non-profit
cooperative associations need not submit door tags, door receipts,
weight certificates or other similar documents with its report as to
raisins received or acquired from its members.
(i) Exemption from filing report. A handler may be relieved by the
Committee of submitting any of the reports required pursuant to
paragraph (b) of this section which he shall specify in a written
application therefor to the Committee stating that no transactions
subject to such reports are contemplated for the balance of the crop
year: Provided, That any such exemption shall remain in effect only so
long as said handler has no such transactions subject to such reports.
(27 FR 3112, Mar. 31, 1962, as amended at 28 FR 10569, Oct. 2, 1963;
29 FR 11524, Aug. 12, 1964; 30 FR 6906, May 21, 1965; 31 FR 16307,
Dec. 21, 1966; 32 FR 15917, Nov. 21, 1967; 38 FR 13013, May 18, 1973;
38 FR 20237, July 30, 1973; 39 FR 24218, July 1, 1974; 42 FR 52377,
Sept. 30, 1977; 49 FR 18731, May 2, 1984; 55 FR 28019, July 9, 1990)
07 CFR 989.176 Records.
Each handler shall maintain complete, accurate, and current records
of all of his business affairs concerning which he is required to submit
reports with the Committee, and shall maintain such records for at least
two years after the termination of the crop year in which the
transactions occurred.
07 CFR 989.176 Subpart -- Supplementary Regulations
07 CFR 989.210 Handling of varietal types of raisins acquired pursuant
to a weight dockage system.
(a) General. A handler may acquire as standard raisins lots of
Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Oleate
and Related Seedless, Monukka, Other Seedless, Sultana, Zante Currant
and Muscat (including other raisins with seeds) raisins under the weight
dockage provisions described in 989.212 and 989.213. The creditable
weight of each lot of raisins acquired in this manner shall be that
obtained by multiplying the net weight of the raisins in the lot by the
applicable factor(s) from the appropriate dockage table(s) included in
those sections.
(b) Free and reserve tonnage percentages. Whenever free and reserve
percentages are designated for raisins of the varietal types specified
in paragraph (a) of this section for a crop year, such percentages shall
be applicable to the creditable weight of any lot of such raisins
acquired by a handler pursuant to a weight dockage system.
(c) Reserve tonnage. A handler may hold as reserve tonnage raisins,
any lot, or portion thereof, of raisins of the varietal types specified
in paragraph (a) of this section acquired pursuant to a weight dockage
system: Provided, That only the creditable weight of such lot, or
portion thereof, may be applied by the Committee against the handler's
reserve tonnage obligation.
(d) Assessments. Assessments on any lot of raisins of the varietal
types specified in paragraph (a) of this section acquired by a handler
pursuant to a weight dockage system shall be applicable to the free
tonnage portion of the creditable weight of such lot.
(e) Payments for services on reserve tonnage. Payment to a handler
for services performed by such handler with respect to reserve tonnage
raisins of the varietal types specified in paragraph (a) of this section
acquired by a handler pursuant to a weight dockage system shall be made
on the basis of the creditable weight of such lot and at the applicable
rate specified for such services in 989.401 of Subpart -- Schedule of
Payments.
(f) Identification. Any lot of raisins of the varietal types
specified in paragraph (a) of this section acquired pursuant to a weight
dockage system shall be so identified by the inspection service affixing
to one container on each pallet, or to each bin, in such lot, a
prenumbered RAC control card (to be furnished by the Committee) which
shall remain affixed to the container or bin until the raisins are
processed or disposed of as natural condition raisins. The control card
shall only be removed by, or under the supervision of an inspector of,
the inspection service, or authorized Committee personnel.
(g) Application of dockage factors. A lot of raisins acquired which
may be subject to both a substandard and maturity dockage factor shall
have only the highest of the two dockage factors applied to determine
the creditable weight.
(53 FR 49296, Dec. 7, 1988)
989.211 (Reserved)
07 CFR 989.212 Substandard dockage.
(a) General. Subject to prior agreement between handler and
tenderer, natural (sun-dried) seedless, golden seedless, dipped
seedless, oleate and related seedless, Monukka, and other seedless
raisins containing from 5.1 through 10.0 percent, by weight, of
substandard raisins may be acquired by a handler under a weight dockage
system: Provided, that, for the 1991-92 crop year, such raisins
containing in excess of 10.0 percent substandard raisins, by weight, may
be acquired by a handler under a weight dockage system. A handler also
may, subject to prior agreement, acquire as standard raisins any lot of
Muscat (including other raisins with seeds), Sultana, and Zante currant
raisins containing from 12.1 percent through 17.0 percent, by weight, of
substandard raisins under a weight dockage system: Provided, that, for
the 1991-92 crop year, such raisins containing in excess of 17.0 percent
substandard raisins, by weight, may be acquired by a handler under a
weight dockage system. The creditable weight of each lot of raisins
acquired under the substandard dockage system shall be obtained by
multiplying the net weight of the lot of raisins by the applicable
dockage factor from the appropriate dockage table prescribed in
paragraph (b) or (c) of this section.
(b) Substandard dockage table applicable to Natural (sun-dried)
Seedless, Golden Seedless, Dipped Seedless, Oleate and Related Seedless,
Monukka, and Other Seedless raisins.
(c) Substandard dockage table applicable to Muscat (including other
raisins with seeds), Sultana and Zante Current raisins.
(56 FR 51151, Oct. 10, 1991)
07 CFR 989.213 Maturity dockage.
(a) General. Subject to prior agreement between handler and
tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped
Seedless, Oleate and Related Seedless, Monukka, and Other Seedless
raisins containing from 35.0 percent through 49.9 percent, by weight, of
well-matured or reasonably well-matured raisins may be acquired by a
handler under a weight dockage system. The creditable weight of each
lot of raisins acquired under the maturity dockage system shall be
obtained by multiplying the net weight of the lot of raisins by the
applicable dockage factor from the dockage table prescribed in
paragraphs (b), (c), and (d) of this section.
(b) Maturity dockage table applicable to lots of natural (sun-dried)
seedless, golden seedless, dipped seedless, oleate and related seedless,
Monukka, and other seedless raisins which contain 45.0 percent through
49.9 percent well-matured or reasonably well-matured raisins:
Note: Percentages less than the last percentage shown in the table,
down to 45.0 percent, shall be expressed in the same increments as the
foregoing, and the dockage for each such increment shall be .0005 less
than the dockage factor for the preceding increment.
(c) Maturity dockage table applicable to lots of natural (sun-dried)
seedless, golden seedless, dipped seedless, oleate and related seedless,
Monukka, and other seedless raisins which contain 40.0 percent through
44.9 percent well-matured or reasonably well-matured raisins:
Note: Percentages less than the last percentage shown in the table,
down to 40.0 percent, shall be expressed in the same increments as the
foregoing, and the dockage factor for each such increment shall be .001
less than the dockage factor for the preceding increment.
(d) Maturity dockage table applicable to lots of natural (sun-dried)
seedless, golden seedless, dipped seedless, oleate and related seedless,
Monukka, and other seedless raisins which contain 35.0 percent through
39.9 percent well-matured or reasonably well-matured raisins:
Note: Percentages less than the last percentage shown in the table
shall be expressed in the same increments as the foregoing, and the
dockage factor for each such increment be .0015 less than the dockage
factor for the preceding increment. No dockage shall apply to lots of
raisins containing 34.9 percent or less of well-matured or reasonably
well-matured raisins.
(25 FR 12813, Dec. 14, 1960; 27 FR 2506, Mar. 16, 1962, as amended
at 52 FR 32776, Aug. 31, 1987; 53 FR 34715, Sept. 8, 1988; 53 FR
49296, Dec. 7, 1988; 54 FR 43041, Oct. 20, 1989)
07 CFR 989.221 Sale and export of reserve raisins by handlers.
(a) Eligible countries. Pursuant to 989.67(c), the Committee shall
sell reserve raisins to handlers for export to the Dominican Republic,
islands on the continental shelf of South America, and to all other
markets in the world except those listed in paragraph (b) of this
section.
(b) Non-eligible countries. The Committee shall not sell reserve
raisins to handlers for export to Canada, Mexico, and all islands
adjacent to these countries, and all other Caribbean Islands north of
the 12th parallel, except for the Dominican Republic.
(54 FR 46723, Nov. 7, 1989)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g., sections .300 through .399) and
''Marketing percentage'' regulations (e.g., sections .222 through .299)
which are in effect for a year or less, will not be carried in the Code
of Federal Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in this volume.
07 CFR 989.221 Subpart -- Schedule of Payments
07 CFR 989.401 Payments for services performed with respect to reserve
tonnage raisins.
(a) Payment for crop year of acquisition -- (1) Receiving, storing,
fumigating, and handling. Each handler shall be compensated at a rate
of $40.00 per ton (natural condition weight at the time of acquisition)
for receiving, storing, fumigating, and handling the reserve tonnage
raisins, as determined by the final reserve tonnage percentage, acquired
during a particular crop year and held by the handler for the account of
the Raisin Administrative Committee during all or any part of the same
crop year.
(2) Inspection. Each handler shall be reimbursed by the Committee
for inspection costs applicable to the reserve tonnage raisins, as
determined by the final reserve tonnage percentage, received and held by
him for the account of the Committee. Such payment shall be made at the
currently applicable rate per ton paid by such handler to the Inspection
Service and on the quantity reported by the handler. The Committee
shall pay the cost of any inspection required by it of such reserve
tonnage raisins while they are being held for its account: Provided,
That the cost of inspection of any raisins substituted, pursuant to
989.66(b)(3), by a handler for such reserve tonnage raisins, or which he
received by transfer from another handler by purchasing, as permitted
pursuant to 989.166, a portion or all of such other handler's share of
an offer, shall be borne by the handler and shall not be reimbursed to
him by the Committee.
(b) Additional payment for reserve tonnage raisins held beyond the
crop year of acquisition.
Additional payment for reserve tonnage raisins held beyond the crop
year of acquisition shall be made in accordance with this paragraph.
Each handler holding such raisins for the account of the Committee on
August 15 and the following September 1 shall be compensated for
storing, handling and fumigating such raisins at the rate of $2.00 per
ton per month, or any part thereof, for each month of the three-month
period ending November 30, and $1.03 per ton per month, or any part
thereof, for each month of the next nine months. Such services shall be
completed so that the Committee is assured that the raisins are
maintained in good condition.
(c) Payment of rental on boxes and bins containing raisins held
beyond the crop year of acquisition. Payment of rental on boxes and
bins containing reserve tonnage raisins held beyond the crop year of
acquisition shall be made in accordance with this paragraph. Each
handler, producer, dehydrator, and other person who furnishes boxes or
bins in which such raisins are held for the account of the Committee on
August 15 and the following September 1 shall be compensated for the use
of such boxes and bins. The rate of compensation shall be: For boxes,
two and one-half cents per day, not to exceed a total payment of $1 per
box per year, per average net weight of raisins in a sweatbox, with
equivalent rates for raisins in boxes other than sweatboxes; and for
bins twenty cents per day per bin, not to exceed a total of $10 per bin
per year. For purposes of this paragraph, box means any container with
a capacity of less than 1,000 pounds and bin means any container with a
capacity of 1,000 pounds, or more. The average net weight of raisins in
each type of box shall be the industry average as computed by the
Committee for the box in which the raisins are so held. No further
compensation shall be paid unless the raisins are so held in the boxes
on the succeeding September 1.
(d) Payment for other services -- (1) General. In addition to the
payments provided in paragraphs (a), (b), and (c) of this section,
handlers shall be compensated for other services performed with respect
to reserve tonnage raisins as set forth in this paragraph.
(2) Transportation. The Committee may arrange with any handler for
transporting reserve tonnage raisins. Payment for such transportation
shall be based on then prevailing haulage rates within the production
area for the type of transportation required.
(3) Packing. A handler who accepts an offer by the Committee to pack
reserve tonnage raisins for its account shall be compensated for such
packing in an amount determined by or acceptable to the Committee. In
considering the amount of compensation to be paid, the Committee shall
take into account, among other factors, the particular varietal type of
raisins to be packed, the particular pack or package required, and the
quantity and quality of the raisins to be packed.
(4) Redelivery. In the event the Committee removes reserve tonnage
raisins of a previous crop year from a handler upon the request provided
for in 989.66(f) and such handler subsequently desires redelivery to
him of reserve tonnage raisins for contract packing, or other purpose,
he shall reimburse the Committee in advance of such redelivery for the
net costs to it of the removal, storage, and redelivery of such raisins:
Provided, That the Committee may waive payment by the handler of part
or all of such costs if it determines that such waiver is reasonably
necessary to the prompt and favorable disposition of the raisins
involved.
(32 FR 15917, Nov. 21, 1967, as amended at 49 FR 18731, May 2, 1984;
53 FR 49297, Dec. 7, 1988; 54 FR 35636, Aug. 29, 1989)
07 CFR 989.401 Subpart -- Conversion Factors
07 CFR 989.601 Conversion factors for raisin weight.
The following factors for the named varietal types of raisins shall
be used to convert the net weight of reconditioned raisins acquired by
handlers as packed raisins to natural condition weight. The net weight
of the raisins after the completion of processing shall be divided by
the applicable factor to obtain the natural condition weight: Provided,
That the adjusted weight does not exceed the original weight of the
raisins prior to reconditioning; and Provided further, That, if the
adjusted weight exceeds the original weight, the original weight will be
used.
(54 FR 41587, Oct. 11, 1989)
07 CFR 989.601 Subpart -- Quality Control
07 CFR 989.701 Minimum grade and condition standards for natural
condition raisins.
Effective pursuant to 989.58, raisins meeting the varietal standards
hereinafter set forth shall be considered as standard raisins and those
failing to meet such standards shall be considered as off-grade raisins.
Where the raisins in any lot consist of two or more varietal types
commingled within their containers, the lot shall be considered as a
mixed lot and as standard raisins if they meet for each defect the most
restrictive requirements for the varietal types of raisins comprising
the lot. In the event layered Muscats (including other raisins with
seeds) or Cluster Seedless raisins are commingled within their
containers with loose Muscats (including other raisins with seeds) or
loose Cluster Seedless raisins respectively, the entire lot shall be
considered as loose Muscats (including other raisins with seeds) or
Natural (sun-dried) Seedless raisins. The raisins shall be considered
as standard raisins if the lot as a whole meets the minimum standards
for loose Muscats (including other raisins with seeds) or Natural
(sun-dried) Seedless raisins: Provided, That with respect to the
requirements peculiar to a varietal type such as possessing
characteristic color, flavor, or odor, the raisins shall be considered
as meeting such requirements if they have been properly prepared as
raisins. In each category, only those raisins which have been properly
dried and cured in original natural condition, are free from active
infestation, and are in such condition that they are capable of being
received, stored, and packed without undue deterioration or spoilage,
shall be considered as storable raisins.
(a) Natural (sun-dried) Seedless, Monukka and Other Seedless raisins.
Natural condition Natural (sun-dried) Seedless, Monukka and Other
Seedless raisins shall have been prepared from sound, wholesome, matured
grapes properly dried and cured, and shall meet the following additional
requirements: (1) Shall be fairly free from damage by sugaring,
mechanical injury, sunburn, or other similar injury; (2) shall have a
normal characteristic color, flavor, and odor of properly prepared
raisins; (3) shall contain not more than 5 percent, by weight, of
substandard raisins (raisins that show development less than that
characteristic of raisins prepared from fairly well-matured grapes), and
shall also contain at least 50 percent well-matured or reasonably
well-matured raisins; (4) shall not exceed 16 percent moisture as
determined by the dried fruit moisture tester method, except that there
shall be no maximum moisture content for Cluster Seedless raisins; and
(5) shall be of such quality and condition as can be expected to
withstand storage as provided in the order and that when processed in
accordance with good commercial practice will meet the minimum standards
for processed raisins established by the Committee, and that with
respect to Cluster Seedless raisins, in addition to the above
requirements the raisins shall be fairly free from shattered (or loose
end) berries, and be uniformly cured; shall contain 30 percent or more
''2 Crown'' or larger size berries; and shall be of such quality and
condition that when processed in accordance with good commercial
practice will, except for moisture content, meet the minimum standards
for processed raisins established by the Committee.
(b) Dipped Seedless, and Oleate and Related Seedless. Natural
condition Dipped Seedless, and Oleate and Related Seedless raisins shall
have been prepared from sound, wholesome, matured grapes properly dried
and cured, and shall meet the following additional requirements: (1)
Shall be fairly free from damage by sugaring, mechanical injury,
sunburn, or other similar injury; (2) shall have a normal
characteristic flavor and odor of properly prepared raisins; (3) shall
contain not more than 5 percent, by weight, of substandard raisins
(raisins that show development less than that characteristic of raisins
prepared from fairly well-matured grapes), and for the 1985-86 and
subsequent crop years also contain at least 50 percent well-matured or
reasonably well-matured raisins; (4) shall not exceed 14 percent
moisture as determined by the dried fruit moisture tester method, (5)
shall be of such quality and condition as can be expected to withstand
storage as provided in the order and that when processed in accordance
with good commercial practice will meet the minimum standards for
processed raisins established by the Committee.
(c) Golden Seedless. Natural condition Golden Seedless raisins shall
have been prepared from sound, wholesome, matured grapes properly dried
and cured, and shall meet the following additional requirements: (1)
Shall be fairly free from damage by sugaring, mechanical injury,
sunburn, or other similar injury; (2) shall have a normal
characteristic flavor and odor of properly prepared raisins; (3) shall
contain not more than 5 percent, by weight, of substandard raisins
(raisins that show development less than that characteristic of raisins
prepared from fairly well-matured grapes), and for the 1985-86 and
subsequent crop years also contain at least 50 percent well-matured or
reasonably well-matured raisins; (4) shall not exceed 14 percent
moisture as determined by the dried fruit moisture tester method, (5)
shall be of such quality and condition as can be expected to withstand
storage as provided in the order and that when processed in accordance
with good commercial practice will meet the minimum standards for
processed raisins established by the Committee; and (6) shall possess a
color varying from yellowish green to dark amber or dark greenish amber
with not more than 15 percent, by weight, of all the raisins being
definitely dark berries. Definitely dark berries means raisins which
are definitely darker than dark amber and characteristic of
''naturally'' raisined grapes.
(d) Muscats (including other raisins with seeds). Natural condition
Muscat raisins (including other raisins with seeds) shall have been
prepared from sound, wholesome, matured grapes properly dried and cured,
and shall meet the following additional requirements: (1) Shall be
fairly free from damage by sugar, mechanical injury, sunburn or other
similar injury; (2) shall have a normal characteristic color, flavor,
and odor of properly prepared raisins and shall contain not more than 12
percent, by weight, of substandard raisins (raisins that show
development less than that characteristic of raisins prepared from
fairly well-matured grapes); (3) shall not exceed 16 percent moisture
as determined by the dried fruit moisture tester method, except that
water dipped, vine sprayed or similarly treated Muscats (including other
raisins with seeds) shall not exceed 14 percent moisture, and that there
shall be no maximum moisture content for layered Muscats (including
other raisins with seeds); (4) the raisins shall be of such quality and
condition as can be expected to withstand storage as provided in the
marketing agreement and order, and that when processed in accordance
with good commercial practice will meet the minimum standards for
processed raisins established by the Committee, and that with respect to
layered Muscats (including other raisins with seeds), in addition to the
above requirements the raisins shall be fairly free from shattered (or
loose end) berries; uniformly cured; 30 percent or more ''3 Crown'' or
larger size; of such quality and condition that when processed in
accordance with good commercial practice will, except for moisture
content, meet the minimum standards for processed raisins established by
the Committee.
(e) Sultana Raisins. Natural condition Sultana raisins shall have
been prepared from sound, wholesome, matured grapes properly dried and
cured, and shall meet the following additional requirements: (1) Shall
be fairly free from damage by sugaring, mechanical injury, sunburn, or
other similar injury; (2) shall have a normal characteristic color,
flavor, and odor of properly prepared raisins and shall contain not more
than 12 percent, by weight, of substandard raisins (raisins that show
development less than that characteristic of raisins prepared from
fairly well-matured grapes); (3) shall not exceed 16 percent moisture
as determined by the dried fruit moisture tester method; and (4) the
raisins shall be of such quality and condition as can be expected to
withstand storage as provided in the marketing agreement and order, and
that when processed in accordance with good commercial practice will
meet the minimum standards for processed raisins established by the
Committee.
(f) Zante Currant Raisins. Natural condition Zante Currant raisins
shall have been prepared from sound, wholesome, matured grapes properly
dried and cured, and shall meet the following additional requirements;
(1) Shall be fairly free from damage by sugaring, mechanical injury,
sunburn, or other similar injury; (2) shall have a normal
characteristic color, flavor, and odor of properly prepared raisins and
shall contain not more than 12 percent, by weight, of substandard
raisins (raisins that show development less than that characteristic of
raisins prepared from fairly well-matured grapes); (3) shall not exceed
16 percent moisture as determined by the dried fruit moisture tester
method; and (4) the raisins shall be of such quality and condition as
can be expected to withstand storage as provided in the marketing
agreement and order, and that when processed in accordance with good
commercial practice will meet the minimum standards for processed
raisins established by the Committee.
(42 FR 52378, Sept. 30, 1977, as amended at 46 FR 39121, July 31,
1981; 48 FR 49215, Oct. 25, 1983; 49 FR 1669, Jan. 13, 1984; 49 FR
33994, Aug. 28, 1984; 50 FR 35771, Sept. 4, 1985; 53 FR 34715, Sept.
8, 1988)
07 CFR 989.702 Minimum grade standards for packed raisins.
Effective pursuant to 989.59, the minimum grade standards for packed
raisins shall be as follows:
(a) Natural (sun-dried) Seedless, Dipped Seedless, and Oleate and
Related Seedless Raisins. Packed Natural (sun-dried) Seedless, Dipped
Seedless, and Oleate and Related Seedless raisins shall meet the
requirements of U.S. Grade C as defined in the effective United States
Standards for Grades of Processed Raisins ( 52.1841 through 52.1858 of
this title): Provided, That at least 62.5 percent, by weight, of the
raisins shall be well-matured or reasonably well-matured. With respect
to select-sized and mixed-sized raisin lots, the raisins shall at least
meet the U.S. Grade B tolerances for pieces of stem, and underdeveloped
and substandard raisins, and small (midget) sized raisins shall meet the
U.S. Grade C tolerances for those factors. These requirements shall be
effective November 15, 1984: Provided, That the tolerance for
well-matured or reasonably well-matured raisins shall increase from 62.5
percent to 70 percent on November 15, 1985.
(b) Golden Seedless Raisins. Packed Golden Seedless raisins shall at
least meet the requirements prescribed in paragraph (a) of this section,
and the color requirements for ''colored'' as defined in said standards.
(c) Monukka and Other Seedless Raisins. Packed Monukka and Other
Seedless raisins shall at least meet the requirements prescribed in
paragraph (a) of this section, except that the tolerance for moisture
shall be 19 percent rather than 18 percent.
(d) Muscat (including other raisins with seeds) Raisins. Packed
Muscat (including other raisins with seeds) raisins shall at least meet
the requirements of U.S. Grade C of the said standards. Layer Muscat
(including other raisins with seeds) raisins shall at least meet U.S.
Grade B as defined for ''Layer or Cluster Raisins With Seeds'' in said
standards, except for the provisions therein relating to moisture
content.
(e) Sultana Raisins. Packed Sultana raisins shall at least meet the
requirements of U.S. Grade C as defined in said standards.
(f) Zante Currant Raisins. Packed Zante Currant raisins shall at
least meet the requirements of U.S. Grade B as defined in said
standards.
(g) Cluster Seedless raisins -- (1) Description. Raisins referred to
as Cluster Seedless raisins means the raisins have not been detached
from the main bunch. Cluster Seedless raisins shall at least meet the
requirements of Marketing Order Grade B prescribed in this paragraph.
The processed raisins are prepared from clean, sound, dried grapes; are
stored or cleaned, or both, and are washed with water to assure a
wholesome product.
(2) Grades. (i) Marketing Order Grade A is a quality of Cluster
Seedless raisins that have similar varietal characteristics; have a
good typical color; have a good characteristic flavor; are uniformly
cured and show development characteristics of raisins prepared from
well-matured grapes; contain not more than 23 percent, by weight, of
moisture; that not less than 30 percent, by weight, of the raisins,
exclusive of stems and branches, are ''2 Crown'' size or larger and meet
the additional requirements as outlined in the table in paragraph
(2)(iv) of this paragraph.
(ii) Marketing Order Grade B is the quality of the Cluster Seedless
raisins that have similar varietal characteristics; have a reasonably
good typical color; have a good characteristic flavor; are uniformly
cured and show characteristics of raisins prepared from reasonably
well-matured grapes; contain not more than 23 percent, by weight, of
moisture; that not less than 30 percent, by weight, of raisins,
exclusive of stems and branches, are ''2 Crown'' size or larger and meet
the additional requirements as outlined in the table in paragraph
(2)(iv) of this paragraph.
(iii) Substandard is the quality of Cluster Seedless raisins that
fail to meet the requirements of Marketing order Grade B.
(iv) Allowances for defects in Cluster Seedless raisins:
(h) A handler may grind raisins which do not meet the minimum grade
standards prescribed in paragraphs (a) through (g) of this section
because of mechanical damage or sugaring, into a raisin paste.
(49 FR 33994, Aug. 28, 1984, as amended at 50 FR 35772, Sept. 4,
1985; 53 FR 34715, Sept. 8, 1988)
07 CFR 989.702 Subpart -- Antitrust Immunity and Liability
07 CFR 989.801 Restrictions applicable to committee personnel.
Members and employees of the Raisin Administrative Committee are
immune from prosecution under the United States antitrust laws only
insofar as their conduct in administering the Raisin Marketing Order is
authorized by the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.
601 et seq., or the provisions of the order. Under the antitrust laws.
Committee members and employees may not engage in any unauthorized
agreement or concerted action that unreasonably restrains United States
domestic or foreign commerce. For example, Committee members and
employees have no authority to participate, either directly or
indirectly, whether on an informal or formal, written or oral basis, in
any bilateral or international undertaking or agreement with any
competing foreign producer or seller or with any foreign government,
agency, or instrumentality acting on behalf of competing foreign
producers or sellers to (a) raise, fix, stabilize, or set a floor for
raisin, sultana, or currant prices, or (b) limit the quantity or quality
of raisins, sultanas, or currants imported into or exported from the
United States. Participation in any such unauthorized agreement or
joint undertaking could result in prosecution under the antitrust laws
by the United States Department of Justice and/or suit by injured
private persons seeking treble damages, and could also result in
expulsion of members from the Committee or termination of employment
with the Committee.
(46 FR 39984, Aug. 6, 1981)
07 CFR 989.801 PART 993 -- DRIED PRUNES PRODUCED IN CALIFORNIA
07 CFR 989.801 Pt. 993
07 CFR 989.801 Subpart -- Order Regulating Handling
Sec.
993.1 Secretary.
993.2 Act.
993.3 Person.
993.4 Area.
993.5 Prunes.
993.6 Non-French prunes.
993.7 French prunes.
993.8 Natural condition prunes.
993.9 Processed prunes.
993.10 Standard prunes.
993.11 Standard processed prunes.
993.12 Substandard prunes.
993.13 Handle.
993.14 Handler.
993.15 Dehydrator.
993.16 Producer.
993.17 Ton.
993.18 Grade.
993.19a Size.
993.19b Undersized prunes.
993.20 Crop year.
993.21 Domestic.
993.21a Proper storage.
993.21b Trade demand.
993.21c Salable prunes.
993.21d Reserve prunes.
993.22 Consumer package.
993.23 Part and subpart.
993.24 Establishment and membership.
993.25 Term of office.
993.26 Selection.
993.27 Eligibility.
993.28 Nominees.
993.29 Alternates.
993.30 Failure to nominate.
993.31 Acceptance.
993.32 Vacancies.
993.33 Voting procedure.
993.34 Expenses.
993.35 Powers.
993.36 Duties.
993.37 Research and development.
993.41 Marketing policy.
993.48 Regulation.
993.49 Incoming regulation.
993.50 Outgoing regulation.
993.51 Inspection and certification.
993.52 Modification.
993.53 Above parity situations.
993.54 Establishment of salable and reserve percentages.
993.55 Application of salable and reserve percentages after end of
crop year.
993.56 Reserve obligation.
993.57 Holding requirement and delivery.
993.58 Deferment of time for withholding.
993.59 Payment to handlers for services.
993.62 Diversion privileges.
993.65 Disposition of reserve prunes.
993.71 Confidential information.
993.72 Reports of acquisitions, sales, uses, and shipments.
993.73 Other reports.
993.74 Records.
993.75 Verification of reports.
993.80 Expenses.
993.81 Assessments.
993.82 Funds.
993.83 Rights of the Secretary.
993.84 Personal liability.
993.85 Separability.
993.86 Derogation.
993.87 Duration of immunities.
993.88 Agents.
993.89 Effective time.
993.90 Termination or suspension.
993.91 Procedure upon termination.
993.92 Effect of termination or amendment.
993.93 Amendments.
993.97 Exhibit A; minimum standards.
07 CFR 989.801 Subpart -- Administrative Rules and Regulations
993.101 Order.
993.102 Committee.
993.103 Terms in the order.
993.104 Lot.
993.105 Size count.
993.106 In-line inspection.
993.107 Floor inspection.
993.108 Non-human consumption outlet.
993.109 Modified definition of non-French prunes.
993.128 Nominations for membership.
993.149 Receiving of prunes by handlers.
993.150 Disposition of prunes by handlers.
993.156 Application of reserve percentages.
993.157 Holding and delivery of reserve prunes.
993.158 Deferment of reserve withholding.
993.159 Schedule of payments and conditions.
993.162 Voluntary prune plum diversion.
993.165 Disposition of reserve prunes.
993.172 Reports of holdings, receipts uses, and shipments.
993.173 Reports of accounting.
993.174 Records.
07 CFR 989.801 Subpart -- Undersized Prune Regulation
993.400 Modifications.
07 CFR 989.801 Subpart -- Pack Specification as to Size
993.501 Consumer package of prunes.
993.502 Size count.
993.503 Size category.
993.504 In-line inspection.
993.505 Floor inspection.
993.506 Lot.
993.515 Size categories.
993.516 Tolerances and limitations.
993.517 Identification.
993.518 Compliance.
07 CFR 989.801 Subpart -- Grade Regulations
993.601 More restrictive grade regulations.
993.602 Maximum tolerances.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 989.801 Subpart -- Order Regulating Handling
Source: 26 FR 476, Jan. 19, 1961, unless otherwise noted.
07 CFR 989.801 Definitions
07 CFR 993.1 Secretary.
Secretary means the Secretary of Agriculture of the United States, or
any other officer or employee of the United States Department of
Agriculture who is or who may hereafter be, authorized to exercise the
powers and to perform the duties of the Secretary under the Act.
07 CFR 993.2 Act.
Act means Public Act No. 10, 73d Congress, as amended and reenacted
and amended by the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601 et seq.).
07 CFR 993.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 993.4 Area.
Area means the State of California.
07 CFR 993.5 Prunes.
Prunes means and includes all sun-dried or artificially dehydrated
plums, of any type or variety, produced from plums grown in the area,
except: (a) Sulfur-bleached prunes which are produced from yellow
varieties of plums and are commonly known as silver prunes; and (b)
plums which have not been dried or dehydrated to a point where they are
capable of being stored prior to packaging, without material
deterioration or spoilage unless refrigeration or other artificial means
of preservation are used, and so long as they are treated by a process
which is in conformity with, or generally similar to, the processes for
treatment of plums of that type which have been developed or recommended
by the Food Technology Division, College of Agriculture, University of
California, for the specialty pack known as ''high moisture content
prunes,'' but this exception shall not apply if and when such plums are
dried to the point where they are capable of being stored without
material deterioration or spoilage, refrigeration or other artificial
means of preservation.
07 CFR 993.6 Non-French prunes.
Non-French prunes means prunes commonly known as Imperial, Sugar,
Robe de Sargent, Burton, Standard, Jefferson, Fellenberg, Italian,
President, Giant, and Hungarian (Gross), produced from such varieties of
plums. This definition may be modified by the committee with the
approval of the Secretary.
07 CFR 993.7 French prunes.
French prunes means: (a) Prunes produced from plums of the following
varieties of plums: French (Prune d'Agen, Petite Prune d'Agen), Coates
(Cox, Double X, Saratoga); and (b) any other prunes which possess
taste, flesh texture, and other characteristics similar to those of the
prunes named in this section.
07 CFR 993.8 Natural condition prunes.
Natural condition prunes means prunes which have not been processed.
07 CFR 993.9 Processed prunes.
Processed prunes means prunes which have been cleaned, or treated
with water or steam, by a handler.
07 CFR 993.10 Standard prunes.
Standard prunes means any lot of natural condition prunes meeting the
applicable grade and size standards prescribed pursuant to 993.49 other
than pursuant to 993.49(c).
(26 FR 476, Jan. 19, 1961, as amended at 37 FR 861, Jan. 20, 1972)
07 CFR 993.11 Standard processed prunes.
Standard processed prunes means any lot of processed prunes meeting
the applicable grade and size standards prescribed pursuant to 993.50.
07 CFR 993.12 Substandard prunes.
Substandard prunes means any lot of processed or natural condition
prunes failing to meet the applicable grade and size standards
prescribed pursuant to 993.49 and 993.50 other than pursuant to
993.49(c).
(26 FR 476, Jan. 19, 1961, as amended at 37 FR 861, Jan. 20, 1972)
07 CFR 993.13 Handle.
Handle means to receive, package, sell, consign, transport, or ship
(except as a carrier of prunes owned by another person), or in any other
way to place prunes in the current of the commerce within the area or
from such area to any point outside thereof: Provided, That this term
shall not include: (a) Sales or deliveries of prunes by a producer or
dehydrator to a producer, dehydrator, or handler within the area; (b)
the receiving of prunes by a producer or dehydrator from a producer or
dehydrator; and (c) receipts, sales, or shipments of prunes already
handled by another person other than pursuant to 993.50(f).
07 CFR 993.14 Handler.
Handler means any person who handles prunes.
07 CFR 993.15 Dehydrator.
Dehydrator means any person who produces prunes by drying or
dehydrating plums by means of sun-drying or artificial heat.
07 CFR 993.16 Producer.
Producer means any person who is engaged, in a proprietary capacity,
in growing plums for drying or dehydrating into prunes.
07 CFR 993.17 Ton.
Ton means a short ton of 2,000 pounds.
07 CFR 993.18 Grade.
Grade means the classification of prunes for quality and condition
according to the grading specifications established pursuant to the
provisions of this subpart.
07 CFR 993.19a Size.
Size means either (a) the number of prunes contained in a pound and
may be referred to in terms of size ranges, or (b) the diameter of a
round opening, expressed in multiples of one thirty-second of an inch,
through which prunes pass freely.
(37 FR 861, Jan. 20, 1972)
07 CFR 993.19b Undersized prunes.
Undersized prunes means prunes which pass freely through a round
opening of a specified diameter.
(37 FR 861, Jan. 20, 1972)
07 CFR 993.20 Crop year.
Crop year means the 12-month period beginning August 1 of any year
and ending July 31 of the following year.
07 CFR 993.21 Domestic.
Domestic means the United States, Canal Zone, Puerto Rico, Virgin
Islands, and Canada.
07 CFR 993.21a Proper storage.
Proper storage means storage of such character as will maintain
prunes in the same condition as when received by a handler, except for
normal and natural deterioration and shrinkage.
(30 FR 9798, Aug. 6, 1965)
07 CFR 993.21b Trade demand.
(a) Domestic trade demand. The quantity of prunes which the
commercial trade will acquire from all handlers during a crop year for
distribution in domestic markets for human consumption as prunes and
prune products.
(b) Foreign trade demand. The quantity of prunes which the
commercial trade will acquire from all handlers during a crop year for
distribution in other than domestic markets for human consumption as
prunes and prune products.
(30 FR 9798, Aug. 6, 1965)
07 CFR 993.21c Salable prunes.
Salable prunes means those prunes which are free to be handled
pursuant to any salable percentage established by the Secretary pursuant
to 993.54, or, if no reserve percentage is in effect for a crop year,
all prunes, excluding the quantity of undersized prunes determined
pursuant to 993.49(c), received by handlers from producers and
dehydrators during that year.
(46 FR 61637, Dec. 18, 1981)
07 CFR 993.21d Reserve prunes.
Reserve prunes means those prunes which must be withheld in
satisfaction of a reserve obligation arising from application of a
reserve percentage established by the Secretary pursuant to 993.54.
(30 FR 9798, Aug. 6, 1965)
07 CFR 993.22 Consumer package.
Consumer package means: (a) Any container of prunes holding less
than 10 pounds of standard processed prunes or standard prunes; or (b)
any container holding less than 10 pounds of prunes and other dried
fruit if more than 60 percent of the net weight of mixed dried fruit in
the lot consists of standard processed prunes or standard prunes.
07 CFR 993.23 Part and subpart.
Part means the order regulating the handling of dried prunes produced
in California, and all rules, regulations, and supplementary orders
issued thereunder. This order regulating the handling of dried prunes
produced in California shall be a subpart of such part.
07 CFR 993.23 Prune Marketing Committee
07 CFR 993.24 Establishment and membership.
A Prune Marketing Committee (herein referred to as the
''Committee''), consisting of 22 members with an alternate member for
each such member, is hereby established to administer the terms and
provisions of this part, of whom with their respective alternates, 14
shall represent producers, 7 shall represent handlers, and 1 shall
represent the public. Committee membership shall be allocated in
accordance with the following grouping with the alternate positions
identically allocated:
(a) Three handler members to represent handlers who are cooperative
marketing associations of producers (referred to in this part as
''cooperative handlers'');
(b) Three handler members to represent handlers other than
cooperative handlers (referred to in this part as ''independent
handlers'');
(c) One handler member to represent handlers who are cooperative
handlers or independent handlers, whichever of such handlers handled as
first handlers more than 50 percent of the prunes handled by all
handlers during the crop year preceding the year in which nominations
are made;
(d) Fourteen producer members to be selected from and to represent
producers who are members of cooperative marketing associations
(referred to in this part as ''cooperative producers'') and producers
other than ''cooperative producers'' (referred to in this part as
''independent producers''); the number of the producer members for the
cooperative producer group or the independent producer group, as the
case may be, shall be in the same proportion, as near as practicable, to
the total of 14, as the tonnage of prunes handled by the respective
group of cooperative handlers or independent handlers as first handlers
during the crop year preceding the year in which nominations are made is
to the total tonnage of prunes handled by all handlers as first
handlers.
(e) The public member and alternate shall have no financial interest
in the prune industry.
(26 FR 476, Jan. 19, 1961, as amended at 46 FR 61636, Dec. 18, 1981)
07 CFR 993.25 Term of office.
The term of office of members, and their respective alternates, shall
be two years, ending on May 31 of even numbered years, and any later
date which may be necessary for the selection and qualification of their
respective successors.
07 CFR 993.26 Selection.
Selection of members of the committee, and their respective
alternates, shall be made in the appropriate number specified in
993.24, by the Secretary from nominees nominated pursuant to this part
or, in the discretion of the Secretary, from other eligible persons.
07 CFR 993.27 Eligibility.
Producer members of the Committee shall be at the time of their
selection, and during their term of office, producers in the group, for
which selected and if to represent a district also producers in the
district for which selected, and, except for producer members
representing cooperative producers, shall not be engaged in the handling
of prunes either in a proprietary capacity or as a director, officer, or
employee. Handler members of the Committee shall be handlers in the
group they represent or directors, officers, or employees of such
handlers. These eligibility requirements shall not apply to the public
member and alternate member.
(46 FR 61636, Dec. 30, 1981)
07 CFR 993.28 Nominees.
(a) For the purpose of obtaining nominations for producer members to
represent independent producers, the Committee shall, with the approval
of the Secretary, divide the area into districts giving, insofar as
practicable, equal representation to numbers of independent producers
and production of prune tonnage by such producers. The number of
districts shall be equal to the number of such producer members or
seven, whichever is the lesser. Candidates for nomination by
independent producers from the various districts shall be obtained at
meetings convened by the committee. Following such meetings, the
committee shall prepare a separate ballot for each of the districts, or
a joint ballot for two or more districts, containing (1) the names of
the candidates for each district involved and (2) provision for write-in
candidates. The ballot shall be mailed to each independent producer of
record in each district. The voting procedure (including the casting of
the ballot by mail addressed to the committee), and tabulation of votes
shall be in accordance with rules and regulations prescribed by the
committee, with the approval of the Secretary. Each voter shall be
entitled to cast only one vote for a member nominee and only one vote
for an alternate member nominee in a district in which he is a producer,
and no voter shall vote for candidates in more than one district. In
case he is a producer in more than one district, he shall elect in which
of such districts he will vote and notify the committee as to his
choice. Whenever the number of producer members to represent
independent producers during the ensuing term of office is to exceed
seven, one nominee shall be nominated by independent producers in each
of the seven districts and an additional nominee for each member in
excess of the seven members shall be nominated, without reference to
districts, by such seven nominees. The committee shall recommend the
establishment of districts, or any changes therein, to the Secretary
prior to January 31 of each year in which nominations are made.
(b) Before April 16 of each even-numbered year nominations of
producer members to represent cooperative producers and handler members
to represent cooperative handlers shall be submitted to the Secretary by
cooperative marketing associations engaged in the handling of prunes.
The number of cooperative producer members and handler members to be
nominated by each cooperative marketing association shall bear, as near
as practicable, the same percentage as each cooperative marketing
association's tonnage of prunes handled as first handler thereof is to
the total tonnage handled by all cooperative marketing associations
during the preceding crop year.
(c) In any year in which nominations are made following a crop year
during which the tonnage of prunes handled by independent handlers as
first handlers exceeded the tonnage of prunes handled by cooperative
handlers as first handlers, nominees for member positions to represent
independent handlers shall be nominated as follows:
(1) Each of the two independent handlers who handled during such
preceding crop year, the two largest percentages of the prune tonnage
handled by all independent handlers shall nominate from their respective
organizations, one nominee for a handler member and one for an alternate
member;
(2) Three independent handlers who handled during such preceding crop
year the next three largest percentages of the prune tonnage handled by
all independent handlers shall nominate from among their organizations,
one nominee for a handler member and one for an alternate member;
(3) All other independent handlers who handled the remaining
percentage of such prune tonnage shall nominate from their
organizations, one nominee for a handler member and one for an alternate
member.
In any year in which nominations are made following a crop year
during which the tonnage of prunes handled by cooperative handlers as
first handlers exceeded the tonnage of prunes handled by independent
handlers as first handlers, nominees for two member and alternate
positions to represent the independent handlers referred to in paragraph
(c)(1) of this section shall be nominated in accordance with said
paragraph (c)(1), and one nominee for the member and one for the
alternate position to represent all other independent handlers shall be
nominated by the handlers referred to in paragraph (c)(2) and (3) of
this section and the votes of such handlers shall be weighted by the
tonnage of prunes handled during the preceding crop year by the
respective handlers.
(d) The committee shall establish with the approval of the Secretary,
the procedures by which such nominations, other than by cooperative
marketing associations engaged in the handling of prunes, shall be
obtained and shall submit such nominations to the Secretary before April
16 of the year in which nominations are made. In the event the
committee determines that any nominating procedure specified in this
section does not result in equitable representation, it may establish,
with the prior approval of the Secretary, such modifications as will
tend to assure such representation.
(e) The producer and handler members of the Committee selected for a
new term of office shall nominate a public member and alternate member
at the first meeting following their selection.
(31 FR 9713, July 19, 1966, as amended at 46 FR 61636, Dec. 18, 1981)
07 CFR 993.29 Alternates.
An alternate for a member of the committee shall act in the place and
stead of such member (a) during his absence, and (b) in the event of his
removal, resignation, disqualification, or death, until a successor for
such member's unexpired term has been selected and has qualified.
Except as otherwise specifically provided in this subpart the provisions
of this part applicable to members also apply to alternate members.
07 CFR 993.30 Failure to nominate.
If a nomination for any position on the committee is not received by
the Secretary by May 1, the Secretary may select an eligible individual
without regard to nominations.
07 CFR 993.31 Acceptance.
Each person selected as a member or alternate member of the committee
shall, prior to serving on the committee, qualify by filing with the
Secretary a written acceptance within 15 days after receiving notice of
his selection.
07 CFR 993.32 Vacancies.
In the event of any committee vacancy occasioned by the removal,
resignation, disqualification, or death of any member, or in the event
of the failure of any person selected as a member or alternate member to
qualify, a successor for the unexpired term shall be nominated within 60
calendar days thereof. Such nominations shall be made in the manner
provided for in this subpart, insofar as applicable, except that
nominations of nominees for a producer member position to represent
independent producers may, at the discretion of the committee, be made
to the committee by the incumbent producer members of the committee who
represent independent producers.
07 CFR 993.33 Voting procedure.
Decisions of the Committee shall be by majority vote of the members
present and voting and a quorum must be present: Provided, That
decisions on marketing policy, grade or size regulations, pack
specifications, salable and reserve percentages, and on any matters
pertaining to the control or disposition of reserve prunes or to prune
plum diversion pursuant to 993.62, including any delegation of
authority for action on such matters and any recommendation of rules and
procedures with respect to such matters, including any such decision
arrived at by mail or telegram, shall require at least 14 affirmative
votes. A quorum shall consist of at least 13 members of whom at least 8
must be producer members and at least 4 must be handler members. Except
in case of emergency, a mimimum of 5 days notice must be given with
respect to any meeting of the Committee. In case of an emergency, to be
determined within the discretion of the chairman of the Committee, as
much notice of a meeting as is practicable in the circumstances shall be
given. The Committee may vote by mail or telegram upon due notice to
all members, but any proposition to be so voted upon first shall be
explained accurately, fully, and identically by mail or telegram to all
members. When any proposition is submitted to be voted on by such
method, one dissenting vote shall prevent its adoption.
(46 FR 61637, Dec. 18, 1981)
07 CFR 993.34 Expenses.
The members of the committee, and alternates when acting as members,
or when alternates' expenses are authorized by the committee, shall
serve without compensation but shall be allowed their expenses.
(30 FR 9798, Aug. 6, 1965)
07 CFR 993.35 Powers.
The committee shall have the following powers:
(a) To administer the terms and provisions of this subpart;
(b) To make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) To receive, investigate, and report to the Secretary complaints
of violations of this subpart; and
(d) To recommend to the Secretary amendments to this subpart.
07 CFR 993.36 Duties.
The committee shall have, among others, the following duties:
(a) To act as intermediary between the Secretary and any producer,
dehydrator, or handler;
(b) To keep minutes, books, and other records which shall clearly
reflect all of its acts and transactions, and such minutes, books, and
other records shall be subject to examination by the Secretary at any
time;
(c) To make, subject to the prior approval of the Secretary,
scientific and other studies, and assemble data on the producing,
handling, shipping, and marketing conditions relative to prunes, which
are necessary in connection with the performance of its official duties;
(d) To select, from among its members, a chairman and other
appropriate officers, and to adopt such rules and regulations for the
conduct of the business of the committee as it may deem advisable;
(e) To appoint or employ such other persons as it may deem necessary,
and to determine the salaries and define the duties of such persons;
(f) To submit to the Secretary not later than the fourth Tuesday of
July of each year, a budget of its anticipated expenditures and the
recommended rate of assessment for the ensuing crop year, and the
supporting data therefor;
(g) To submit to the Secretary such available information with
respect to prunes as the committee may deem appropriate, or as the
Secretary may request;
(h) To prepare and submit to the Secretary quarterly statements of
the financial operations of the committee, exclusive of reserve prune
operations, and to make such statements, together with the minutes of
the meetings of said committee, available for inspection at the offices
of the committee by producers, dehydrators, and handlers;
(i) To prepare and submit to the Secretary annually, as soon as
practicable after the end of each crop year and at such other times as
the committee may deem appropriate or the Secretary may request, a
statement of the committee's financial operations with respect to
reserve prunes for such crop year and to make such statement available
at the offices of the committee for inspection by producers,
dehydrators, and handlers;
(j) To cause the books of the committee to be audited by a certified
public accountant at least once each crop year, and at such other times
as the committee may deem necessary or as the Secretary may request, and
two copies of each such audit report shall be submitted to the Secretary
and a copy which does not contain confidential data shall be available
for inspection at the offices of the committee, by producers,
dehydrators, and handlers;
(k) To give the Secretary the same notice of meetings of the
committee as is given to the members of the committee;
(l) To give producers, dehydrators, and handlers reasonable advance
notice of meetings of the committee, and to maintain all such meetings
open to such persons;
(m) To investigate compliance with the provisions of this subpart and
with any rules and regulations established pursuant to such provisions;
and
(n) To establish, with the approval of the Secretary, such rules and
procedures relative to administration of this subpart as may be
consistent with the provisions contained in this subpart and as may be
necessary to accomplish the purposes of the act and the efficient
administration of this subpart.
(30 FR 9798, Aug. 6, 1965, as amended at 37 FR 861, Jan. 20, 1972)
07 CFR 993.37 Research and development.
The committee, with the approval of the Secretary, may establish or
provide for the establishment of marketing research and development
projects designed to assist, improve, or promote the marketing,
distribution, and consumption of prunes. The expense of such projects
shall be paid from funds collected pursuant to 993.81.
07 CFR 993.37 Marketing Policy
07 CFR 993.41 Marketing policy.
(a) On or before the first Tuesday of each July, the committee shall
prepare and submit to the Secretary a report setting forth its
recommended marketing policy for the ensuing crop year. If it becomes
advisable to modify such policy, because of changed demand, supply, or
other conditions, the committee shall formulate a new policy and shall
submit a report thereon to the Secretary. Notice of the committee's
marketing policy, and of any modifications thereof, shall be given
promptly by reasonable publicity to producers, dehydrators, and
handlers.
(b) In formulating its marketing policy for the ensuing crop year,
the committee shall consider and shall include in its report to the
Secretary, the following estimates (natural condition basis) and
recommendations:
(1) The carryover of salable prunes as of August 1;
(2) The carryover of reserve prunes as of August 1;
(3) The grade and size composition of the salable and reserve
carryovers;
(4) The quantity of prunes to be produced without regard to possible
diversions of prune plums by producers;
(5) The probable quality and prune sizes in the crop;
(6) The domestic trade demand by uses of prunes;
(7) The foreign trade demand by countries or groups of countries;
(8) The desirable carryout of salable prunes at the end of the
ensuing crop year;
(9) The quantity of undersized prunes in the crop, itemized as to
French prunes and non-French prunes;
(10) The quantity of prunes to be withheld as reserve prunes so as to
protect against errors of estimation and permit orderly marketing of the
supply;
(11) The recommended salable and reserve percentages;
(12) The quantity of prune plums, dried weight basis, deemed
desirable to be diverted pursuant to 993.62;
(13) Any recommended change in regulations pursuant to 933.49 to
993.53, inclusive;
(14) The probable assessable tonnage for the purposes of 993.81;
and
(15) The current prices for prunes, the trend and level of consumer
income, whether producer prices are likely to exceed parity, and such
other factors as may have a bearing on the marketing of prunes or the
administration of this part.
(30 FR 9798, Aug. 6, 1965, as amended at 37 FR 862, Jan. 20, 1972)
07 CFR 993.41 Prohibition on Handling
07 CFR 993.48 Regulation.
No handler shall handle prunes except in accordance with the
provisions of this part.
(30 FR 9799, Aug. 6, 1965)
07 CFR 993.48 Grade and Size Regulations
07 CFR 993.49 Incoming regulation.
(a) No handler shall receive prunes from producers or dehydrators,
other than substandard prunes and undersized prunes, unless such prunes
meet the minimum standards for natural condition prunes set forth in
993.97 (Exhibit A), or as such standards may be modified, or the more
restrictive grade regulation established pursuant to this section, and
then in effect: Provided, That no handler shall receive any prunes
(including substandard prunes and undersized prunes) from producers or
dehydrators unless such prunes have been properly dried and cured in
original natural condition, without the addition of water, and are free
from active insect infestation, so that they are capable of being
received, stored, and packed without material deterioration or spoilage.
Any ''high moisture content prunes,'' as described in the exception in
993.5(b), in the possession of a handler, shall be held separate and
apart from any prunes held by him. If such ''high moisture content
prunes'' are dried or dehydrated to a point where they are capable of
being stored, without material deterioration or spoilage, unrefrigerated
or not otherwise artificially preserved, they shall be deemed, at that
time, to have been received by such handler as prunes, and shall be
subject to all of the conditions and restrictions of this subpart.
(b) The Secretary, on the basis of a recommendation of the committee
or other information, may establish size regulations or more restrictive
grade regulations with resepct to prunes that may be received by a
handler from producers and dehydrators whenever he finds that such
action would tend to effectuate the declared policy of the act.
(c) In no crop year shall a handler receive from producers or
dehydrators prunes, other than as undersized prunes, which pass freely
through a round opening with a diameter as follows: For French prunes
23/32 of an inch, and for non-French prunes 28/32 of an inch: Provided,
That the Secretary upon a recommendation of the Committee, may establish
larger openings whenever it is determined that supply conditions for a
crop year warrant such regulation. The quantity of undersized prunes in
any lot received by a handler from a producer or dehydrator shall be
determined by the inspection service and entered on the applicable
inspection certificate.
(26 FR 476, Jan. 19, 1961, as amended at 37 FR 862, Jan. 20, 1972;
46 FR 61637, Dec. 18, 1981)
07 CFR 993.50 Outgoing regulation.
(a) Except as otherwise specifically provided, no handler shall ship
or otherwise make final disposition of prunes which fail to meet the
applicable minimum standards set forth in 993.97 (Exhibit A), or as
such standards may be modified, for standard prunes or standard
processed prunes.
(b) The Secretary, on the basis of a recommendation of the committee
or other information, may establish size regulations, pack
specifications, or more restrictive grade regulations with respect to
prunes that may be shipped or otherwise disposed of by a handler if such
action would tend to effectuate the declared policy of the act. If a
more restrictive grade regulation is established in connection with
993.97 (Exhibit A) it shall insofar as practicable apply comparably to
both natural condition prunes and processed prunes. When pack
specifications are in effect, no handler shall ship prunes in consumer
packages, unless such prunes are identified by an appropriate label,
seal, stamp, or tag affixed to such container by the handler showing the
size of prunes in the lot from which the container was packed. In order
to effectuate such orderly marketing of prunes as will be in the public
interest, whether prices are above or below parity, no handler shall use
descriptive terms in a manner inconsistent with that set forth in this
subpart or in any pack specifications or other regulation issued by the
Secretary pursuant to this subpart.
(c) Non-French prunes: No handler shall ship or otherwise make final
disposition of any lot of standard prunes or standard processed prunes
of the non-French varieties or any lot which includes non-French prunes
in excess of a tolerance to be prescribed by the Secretary on
recommendation of the Committee, unless the average count of such
non-French prunes contained in any such lot is 40 or less per pound.
However, under safeguards to be established by the Committee, any lot
containing non-French prunes with an average size count of more than 40
prunes per pound may be shipped to or disposed of in prune product
outlets in which they lose their form and character as prunes by
conversion prior to consumption. A tolerance as to the permitted
deviation of sizes about the average count shall be prescribed by the
Secretary, upon recommendation of the Committee.
(d) French prunes: No handler shall ship or otherwise make final
disposition of any lot of French prunes for human consumption as prunes,
or any lot of mixed dried fruit containing French prunes for human
consumption as mixed dried fruit, unless the average count of French
prunes contained in any such lot is 100 or less per pound. However,
under safeguards to be established by the Committee, any lot containing
French prunes with an average size count of more than 100 prunes per
pound may be shipped to or disposed of in prune product outlets in which
they lose their form and character as prunes by conversion prior to
consumption. In determining whether any such lot conforms to this
minimum size requirement, the following tolerance shall apply: In a
sample of 100 ounces, the count per pound of 10 ounces of the smallest
prunes shall not vary from the count per pound of 10 ounces of the
largest prunes by more than 45 points. The Secretary may, upon the
basis of the recommendation and information submitted by the Committee
and other available information, modify this tolerance for uniformity of
size.
(e) No handler shall ship or otherwise make final disposition of any
lot of substandard prunes except for use as prune products in which the
prunes lose their form and character as prunes by conversion prior to
consumption, or for use in non-human consumption outlets: Provided,
That any such prunes which are shipped or otherwise disposed of for
human consumption shall meet the minimum standards prescribed in II C
(1), (2), and (3) of 993.97 or as such standards as may pursuant to
993.52 be modified. The committee shall issue any such rules and
regulations as may be necessary to insure such uses.
(f) Notwithstanding the restrictions contained in this section, any
handler may transfer prunes from one plant owned by him to another plant
owned by him within the area without having an inspection made as
provided for in 993.51. Any handler may ship prunes from his plant to
another handler's plant within the area without having an inspection
made as provided for in 993.51, but a report of such inter-handler
transfer shall be made promptly by the transferring handler to the
committee. The receiving handler shall, before shipping or otherwise
making final disposition of such prunes, comply with the requirements of
this section and of 993.51.
(g) No handler shall ship or otherwise dispose of, for human
consumption, the quantity of prunes determined by the inspection service
pursuant to 993.49(c) to be undersized prunes. However, such handler
may, at the direction and under the supervision of the Committee,
dispose of such quantity of prunes in nonhuman consumption outlets.
Prunes so disposed of shall be of the same variety as, and reasonably
comparable in size, to such undersized prunes. The handler shall cause
the inspection service to make a determination whether the prunes
disposed of by the handler in nonhuman consumption outlets meet such
requirements. In making the determination with respect to comparability
in size, the inspection service shall apply a tolerance permitting a
deviation from the size of the applicable opening established pursuant
to 993.49(c). Any such tolerance, together with any rules and
regulations to insure proper disposition of the prunes and that such
prunes are reasonably comparable to the undersized prunes so received,
shall be established by the Committee with the approval of the
Secretary. The quantity of prunes determined pursuant to 993.49(c)
shall not be deemed to be within the handler's quota for salable prunes
fixed by the Secretary within the meaning of section 8a(5) of the Act.
(26 FR 476, Jan. 19, 1961, as amended at 37 FR 862, Jan. 20, 1972)
07 CFR 993.51 Inspection and certification.
Each handler shall at his own expense, before or upon the receiving,
and before the shipping or disposing of prunes, cause an inspection to
be made of such prunes to determine whether they meet the applicable
grade and size requirements or the pack specifications, including
labeling, effective pursuant to this part. Such handler shall obtain a
certificate that such prunes meet the aforementioned applicable
requirements and shall submit such certificate, or cause it to be
submitted, to the committee. Acceptable certificates shall be those
issued by inspectors of the Dried Fruit Association of California. The
Secretary may designate another inspection service in the event the
services of the Association prove unsatisfactory.
07 CFR 993.52 Modification.
Minimum standards, pack specifications or size regulations, including
the openings prescribed in 993.49(c), may be modified by the Secretary,
on the basis of a recommendation of the committee or other information,
whenever he finds that such modification would tend to effectuate the
declared policy of the act.
(26 FR 476, Jan. 19, 1961, as amended at 37 FR 862, Jan. 20, 1972)
07 CFR 993.53 Above parity situations.
The minimum standards, the minimum sizes, including the minimum
undersized regulation in 933.49(c), and the provisions of this part
relating to administration shall continue in effect irrespective of
whether the estimated season average price for prunes is in excess of
the parity level specified in section 2(1) of the act.
(46 FR 61637, Dec. 18, 1981)
07 CFR 993.53 Reserve Control
Source: 30 FR 9799, Aug. 8, 1965, unless otherwise noted.
07 CFR 993.54 Establishment of salable and reserve percentages.
Whenever the Secretary finds, from the recommendations and supporting
information supplied by the committee, or from any other available
information, that to establish the percentages of prunes for any crop
year which shall be salable prunes and reserve prunes, respectively, or
to modify the previously established percentages, would tend to
effectuate the declared policy of the act, he shall establish or modify
such percentages. The salable and reserve percentages when applied to
the natural condition weight of prunes, excluding the quantity of
undersized prunes determined pursuant to 993.49(c), received during the
crop year by a handler from producers and dehydrators, plus that
diverted tonnage (dried weight natural condition prune basis) on
diversion certificates issued pursuant to 993.62 and credited to or
held by him, shall determine the weight of each handler's receipts which
are salable prunes and reserve prunes. The total of the salable and
reserve percentages shall equal 100 percent. A cooperative marketing
association may concentrate the prunes of its producer members before
applying the salable and reserve percentages.
(30 FR 9799, Aug. 8, 1965, as amended at 37 FR 862, Jan. 20, 1972)
07 CFR 993.55 Application of salable and reserve percentages after end
of crop year.
The salable and reserve percentages established for any crop year
shall remain in effect after that crop year until salable and reserve
percentages are established for another crop year. After such
percentages are established, all reserve obligations shall be adjusted
to the newly established percentages.
(46 FR 61637, Dec. 18, 1981)
07 CFR 993.56 Reserve obligation.
Whenever salable and reserve percentages are in effect for any crop
year, the reserve obligation of a handler shall approximate the average
marketable content of the handler's receipts and shall be a weight of
natural condition prunes equal to the reserve percentage applied to the
natural condition weight of prunes, excluding the quantity of undersized
prunes determined pursuant to 993.49(c), such handler receives during
the crop year from producers and dehydrators plus that diverted tonnage
(dried weight natural condition prune basis) on diversion certificates
credited to or held by him which were issued pursuant to 993.62.
However, if the committee determines the requirement as to setaside
reflecting average marketable content of receipts is not essential to
achieve program objectives for the crop of a particular season, it may
be eliminated for that season by the committee, with the approval of the
Secretary. As a prerequisite for making this determination, the
committee must find that the resultant setaside procedures assure that
the trade demand for manufacturing prunes, as well as prunes for
consumption as prunes, will be met. The salable prunes permitted to be
disposed of by any handler in accordance with the provisions of this
part shall be deemed to be that handler's quota fixed by the Secretary
within the meaning of section 8a(5) of the act.
(30 FR 9799, Aug. 8, 1965, as amended at 37 FR 862, Jan. 20, 1972)
07 CFR 993.57 Holding requirement and delivery.
Each handler shall at all times, hold, in his possession or under his
control, in proper storage for the account of the committee, free and
clear of all liens, the quantity of prunes necessary to meet his reserve
obligation, less any quantity: (a) For which he has a temporary
deferment pursuant to 993.58(a); (b) of prune plums (dried weight
natural condition basis) diverted pursuant to 993.62 as shown on
diversion certificates held by him, or credited by the committee against
his reserve obligation; (c) disposed of by him under a sales contract
of the committee; (d) delivered by him to the committee, or to a person
designated by it, pursuant to its instructions; and (e) for which he is
otherwise relieved by the committee of such responsibility to so hold
prunes. No handler may transfer a reserve obligation but any handler
may, upon notification to the committee arrange to hold reserve prunes
on the premises of another handler or in approved commercial storage,
under conditions of proper storage. The committee may, after giving
reasonable notice, require a handler to deliver to it, or to a person
designated by it, f.o.b. handler's warehouse or point of storage,
reserve prunes held by him. The committee may require that such
delivery consist of natural condition prunes or it may arrange for such
delivery to consist of processed prunes.
07 CFR 993.58 Deferment of time for withholding.
(a) Compliance by any handler with the requirement of 993.57 for
withholding reserve prunes may be temporarily deferred to any date
desired by the handler, but not later than November 15 of the crop year,
upon the execution and delivery by such handler to the committee of a
written undertaking that on or prior to the desired date he will have
fully satisfied his holding requirement. Such undertaking shall be
secured by a bond or bonds to be filed with and acceptable to the
committee in the amount or amounts specified, conditioned upon full
compliance with such undertaking.
(b)(1) Each bond shall be provided by and at the handler's expense,
with a surety or sureties acceptable to the committee, and shall be in
an amount computed by multiplying the pounds of natural condition prunes
for which deferment is desired by the bonding rate. Such bonding rate
shall be established by the committee at a level sufficient to achieve
the objectives of this part.
(2) In case a handler defaults in meeting his deferred withholding
requirement, any funds collected by the committee from the bonding
company through such default shall be used by the committee to purchase
from handlers a quantity of natural condition prunes, up to but not
exceeding the quantity on which default occurred. Purchases shall be
made from prunes with respect to which the reserve obligation has been
met, and shall be of grades, varieties, or sizes and in such containers
as the committee specifies in consideration of available reserve prune
outlets. Purchases shall be at prices determined to be appropriate by
the committee and if more prunes are offered than required by the
committee, it shall make the purchases from various handlers as nearly
as practicable in proportion to the quantity of their respective
offerings at the same price. The committee shall dispose of the prunes
acquired as soon as practicable in the most favorable reserve prune
outlets and shall deposit the proceeds from such sales, less committee
expenses in connection with such transaction, with reserve pool funds
for distribution to equity holders.
(3) If for any reason the committee is unable to purchase a quantity
of prunes as large as the quantity of reserve prunes in default by the
handler, any remaining balance of funds received because of the default
less expenses of the committee, shall be deposited with reserve pool
funds for distribution to equity holders.
(c) A handler who has defaulted on his bond shall be credited on his
reserve obligation with, and his holding requirement reduced by, that
quantity of prunes represented by the sums collected but not more than
the extent of his default.
07 CFR 993.59 Payment to handlers for services.
The committee shall pay handlers for necessary services rendered by
them in connection with reserve prunes including, but not limited to,
inspection, receiving, storing, grading, and fumigation, in accordance
with a schedule of payments and conditions established by the Secretary
after recommendation by the committee.
07 CFR 993.59 Producer Diversion
07 CFR 993.62 Diversion privileges.
(a) Prune plums. The words prune plums as used in this section mean
plums of a variety used in the production of prunes.
(b) Voluntary principle. No producer shall be required to divert all
or any portion of the prune plums produced by him.
(c) Authorization. If, on the basis of a committee recommendation
for diversion operations, the availability of governing rules and
procedures established by the Secretary after recommendation of the
committee, and other information, the Secretary concurs that diversion
operations should be permitted, he shall authorize such operations.
(d) Diversion certificates. After diversion operations are
authorized, and subject to the applicable rules and procedures, any
producer may divert prune plums of his own production for eligible
purposes and receive from the committee a diversion certificate
therefor: Provided, That diversion certificates for prune plums
diverted by producer members of a cooperative marketing association
shall be issued by the committee to the association if it so requests.
To the extent permitted by the rules and procedures, the certificate may
be submitted to any handler in lieu of reserve prunes and to the same
extent the certificate shall entitle the handler to satisfy his reserve
obligation. Only to the extent permitted by the rules and procedures,
diversion certificates may be transferable among producers and handlers.
(e) Eligible diversions. Within such restrictions as may be
prescribed in rules and procedures, diversion may be authorized for such
dispositions as are not competitive with the normal marketing of prunes
and prune products. Such eligible diversions may include: (1) Disposal
of prune plums for nonhuman use; (2) leaving prune plums unharvested;
and (3) such other methods of diversion as may be authorized. No
diversion certificate shall be issued by the committee for prune plums
which would not, under normal producer practices, be dried and delivered
to a handler.
(f) Nonparticipation in pool proceeds. Any prune plums diverted
pursuant to this section shall not be included in any reserve pool.
(g) Payment of costs. Prior to the issuance of a diversion
certificate to a producer or a cooperative marketing association, the
producer or association shall pay to the committee fees established to
cover costs pertaining to the diversion.
(30 FR 9800, Aug. 6, 1965)
07 CFR 993.62 Disposition of Reserve Prunes
07 CFR 993.65 Disposition of reserve prunes.
(a) Committee's right of disposition. The committee shall have the
power and authority to sell or dispose of any and all reserve prunes (1)
to meet demand either (i) as domestic trade demand, or (ii) as foreign
trade demand, or (2) for use in any outlet, defined in rules and
procedures, established by the Secretary after recommendation of the
committee, noncompetitive with normal outlets for salable prunes.
(b) Methods of disposition. The committee may, for any of the
purposes of 993.65(a), offer to sell and sell reserve prunes to
handlers for disposition or sale by them in specified outlets. Sale of
reserve prunes by the committee to any handler for resale in such
outlets or for resale to other persons for sale in such outlets shall be
governed by the provisions of a sales agreement, executed by the handler
with the committee. The committee may refuse to sell reserve prunes to
any handler if the handler violates the terms and conditions of the
agreement or other provisions of this part. The committee may sell
reserve prunes into any outlet in which direct selling is determined to
be more appropriate.
(c) Offers to sell reserve prunes. No offer to sell reserve prunes
either to handlers or to other persons shall be made by the committee
until 5 days (exclusive of Saturdays, Sundays, and holidays) have
elapsed from the time it files with the Secretary complete information
as to the terms and conditions of the proposed offer including the basis
for determining the handlers' shares: Provided, That at any time prior
to the expiration of the 5-day period the offer may be made upon the
committee receiving from the Secretary notice that he does not
disapprove it.
(d) Transfer of shares. No handler may transfer a reserve
obligation. However, any handler who is authorized by the committee to
dispose of reserve prunes may arrange with another handler to dispose of
his share of reserve prunes through such other handler. In that event,
credit for the reserve disposition shall go to the handler whose reserve
prunes are used.
(e) Distribution of proceeds. Expenses incurred by the committee for
the receiving, handling, holding, or disposing of any quantity of
reserve prunes shall be charged against the proceeds of sales of such
prunes. Net proceeds from the disposition of reserve prunes shall be
distributed by the committee either directly, or through handlers as
agents of the committee, under safeguards to be established by the
committee, to persons in proportion to their contributions thereto, or
to their successors in interest, with appropriate grade and size
differentials as established by the committee. Progress payments may be
made by the committee as sufficient funds accumulate. Distribution of
the proceeds in connection with the reserve prunes contributed by a
cooperative marketing association shall be made to such association, if
it so requests.
(30 FR 9800, Aug. 6, 1965)
07 CFR 993.65 Reports and Books and Other Records
07 CFR 993.71 Confidential information.
All reports and records furnished or submitted by handlers to the
committee which include data or information constituting a trade secret
or disclosing of the trade position, financial condition, or business
operations of the particular handler from whom received shall be
received by, and at all times kept in the custody and under the control
of one or more employees of the committee, who shall disclose such
information to no person except the Secretary. Notwithstanding the
above provisions of this section, information may be disclosed to the
committee when reasonably necessary to enable the committee to carry out
its functions under this subpart.
07 CFR 993.72 Reports of acquisitions, sales, uses, and shipments.
Each handler shall file such reports of his acquisitions, sales,
uses, and shipments of prunes, as may be requested by the committee.
07 CFR 993.73 Other reports.
Upon the request of the committee, each handler shall furnish such
other reports and information as are needed to enable the committee to
perform its functions under this subpart.
07 CFR 993.74 Records.
Each handler shall maintain such records of prunes received, held and
disposed of by him, as are prescribed by the committee and needed by it
to perform its functions under this subpart. Such records shall be
retained for at least two years beyond the crop year of their
applicability.
07 CFR 993.75 Verification of reports.
For the purpose of checking and verifying reports filed by handlers
or the operation of handlers under the provisions of this subpart, the
Secretary, and the Committee through its duly authorized agents, shall
have access to any premises where prunes may be held by any handler and
at any time during reasonable business hours, shall be permitted to
inspect any prunes so held by such handler and any and all records of
such handler with respect to the holding or disposition of all prunes
which may be held or which may have been disposed of by him.
(37 FR 862, Jan. 20, 1972)
07 CFR 993.75 Expenses and Assessments
07 CFR 993.80 Expenses.
The committee is authorized to incur such expenses as the Secretary
finds are reasonable and likely to be incurred by it during each crop
year for the maintenance and functioning of the committee and for such
other purposes as the Secretary may, pursuant to the provisions of this
subpart, determine to be appropriate.
07 CFR 993.81 Assessments.
(a) Each handler shall pay to the committee, upon demand, with
respect to all salable prunes handled by him as the first handler
thereof, his pro rata share of all expenses which the Secretary finds
are reasonable and likely to be incurred by the committee during each
crop year. Each handler's pro rata share shall be the rate of
assessment per ton fixed by the Secretary. At any time during or after
a crop year the Secretary may increase the rate of assessment to cover
unanticipated expenses of the committee or a deficit in assessable
tonnage.
(b) In order to provide funds to carry out the functions of the
committee, the committee may accept advance payments from any handler to
be credited toward such assessments as may be levied pursuant to this
section against the respective handler.
(c) Any money collected as assessments during any crop year and not
expended in connection with the committee's operations may be used by
the committee for a period of five months subsequent to such crop year.
At the end of such period the committee shall, from funds on hand,
refund or credit to handler accounts the aforesaid excess. Each
handler's share of such excess funds shall be the amount of assessments
he has paid in excess of his pro rata share of the actual net expenses
of the committee for the preceding crop year. Any money collected from
assessments hereunder and remaining unexpended in the possession of the
committee at the termination of this part, shall be distributed in such
manner as the Secretary may direct: Provided, That to the extent
practical, such funds shall be returned pro rata to the persons from
whom such funds were collected.
(26 FR 476, Jan. 19, 1961, as amended at 30 FR 9800, Aug. 6, 1965)
07 CFR 993.82 Funds.
All funds received by the committee pursuant to the provisions of
this part shall be used solely for authorized purposes. The Secretary
may, at any time, require the committee or its members and alternate
members to account for all receipts and disbursements.
07 CFR 993.82 Miscellaneous Provisions
07 CFR 993.83 Rights of the Secretary.
The members of the committee (including successors or alternates) and
any agent or employee appointed or employed by the committee, shall be
subject to the removal or suspension by the Secretary, in his
discretion, at any time. Each and every decision, determination, or
other acts of the committee shall be subject to the continuing right of
the Secretary to disapprove of the same at any time, and upon such
disapproval, shall be deemed null and void.
07 CFR 993.84 Personal liability.
No member or alternate member of the committee, or any employee,
representative, or agent thereof shall be held personally responsible,
either individually of jointly with others, in any way whatsoever, to
any person, for errors in judgment, mistakes, or other acts, either of
commission or omission, as such member, alternate member, employee,
representative, or agent, except for acts of dishonesty.
07 CFR 993.85 Separability.
If any provision of this subpart is declared invalid or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder of this subpart or the
applicability thereof to any other person, circumstance, or thing shall
not be affected thereby.
07 CFR 993.86 Derogation.
Nothing contained in this subpart is, or shall be construed to be, in
derogation or in modification of the rights of the Secretary or of the
United States to exercise any powers granted by the act or otherwise,
or, in accordance with such powers, to act in the premises whenever such
action is deemed advisable.
07 CFR 993.87 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this subpart shall cease upon the termination of this subpart,
except with respect to acts done under and during the existence of this
subpart.
07 CFR 993.88 Agents.
(a) Authorization by Secretary. The Secretary may, by a designation
in writing, name any person, including any officer or employee of the
United States Government, or name any bureau or division in the United
States Department of Agriculture, to act as his agent or representative
in connection with any of the provisions of this subpart.
(b) Authorization by committee. The committee may authorize any
person or persons or agency to act as its agent or representative in
connection with the provisions of this subpart.
07 CFR 993.89 Effective time.
The provisions of this subpart, as well as any amendments to this
subpart, shall become effective at such time as the Secretary may
declare, and shall continue in force until terminated, or during
suspension, in one of the ways specified in 993.90.
07 CFR 993.90 Termination or suspension.
(a) Failure to effectuate policy of act. The Secretary may, at any
time, terminate the provisions of this subpart, by giving at least one
day's notice by means of a press release or in any other manner which he
may determine. The Secretary shall terminate or suspend the operation
of any or all of the provisions of this subpart, whenever he finds that
such provisions do not tend to effectuate the declared policy of the
act.
(b) Referendum. The Secretary shall terminate the provisions of this
subpart on or before the fifteenth day of July of any crop year, to be
effective at the end of such crop year, whenever he is required to do so
by the provisions of section 8c(16)(B) of the act. The Secretary may,
at any time he deems it desirable, hold a referendum of producers to
determine whether they favor termination of this subpart. However,
beginning with 1951, if the Secretary receives a recommendation, adopted
by at least a majority vote of the producer members of the committee,
requesting the holding of such a referendum, the Secretary shall hold
such a referendum: Provided, That the Secretary shall not be required
to hold such a referendum upon the basis of such a request more than
once every two years.
(c) Termination of act. The provisions of this subpart shall
terminate, in any event, upon the termination of the act.
07 CFR 993.91 Procedure upon termination.
Upon the termination of this subpart, the members of the committee
then functioning shall continue as joint trustees, for the purpose of
liquidating the affairs of the committee. Action by such trustee shall
require the concurrence of a majority of the said trustees. Such
trustees shall continue in such capacity until discharged by the
Secretary, and shall, from time to time, account for all receipts and
disbursements and deliver all property on hand, together with all books
and records of the committee and the joint trustees, to such person as
the Secretary may direct; and shall, upon the request of the Secretary,
execute such assignments or other instruments necessary or appropriate
to vest in such person full title and right to all the funds,
properties, and claims vested in the committee or the joint trustees,
pursuant to this subpart. Any person to whom funds, property, or claims
have been transferred or delivered by the committee or the joint
trustees, pursuant to this section, shall be subject to the same
obligations imposed upon the members of the said committee and upon said
joint trustees.
07 CFR 993.92 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this subpart or of any regulation issued pursuant to this subpart, or
the issuance of any amendment to either thereof, shall not (a) affect or
waive any right, duty, obligation, or liability which shall have arisen
or which may thereafter arise in connection with any provision of this
subpart or any regulation issued under this subpart, or (b) release or
extinguish any violation of this subpart or any regulation issued under
this subpart, or (c) affect or impair any rights or remedies of the
Secretary, or of any other person, with respect to such violation.
07 CFR 993.93 Amendments.
Amendments to this subpart may be proposed from time to time, by any
person or by the committee, and may be made a part of this subpart by
the procedures provided under the act.
07 CFR 993.97 Exhibit A; minimum standards.
I. Minimum standards for natural condition prunes:
A. Defects. Defects are: (1) Off-color; (2) inferior meat
condition; (3) end cracks; (4) fermentation; (5) skin or flesh
damage; (6) scab; (7) burned; (8) mold; (9) imbedded dirt; (10)
insect infestation; (11) decay.
B. Explanation of terms. (1) Off-color means a dull color or skin
differing noticeably in appearance from that which is characteristic of
mature, properly handled fruit of a given variety or type.
(2) Inferior meat condition means flesh which is fibrous, woody or
otherwise inferior due to immaturity to the extent that the
characteristic texture of the meat is substantially affected.
(3) End cracks means callous growth cracks, at the blossom end of
prunes, aggregating more than three-eighths of one inch ( 3/8'') but not
more than one-half of one inch ( 1/2'') in length.
(4) Fermentation means damage to the flesh by fermentation to the
extent that the characteristic appearance or flavor is substantially
affected.
(5) Skin or flesh damage means growth cracks, splits, breaks in skin
or flesh of the following descriptions:
(a) Callous growth cracks, except end cracks as defined in this
section, aggregating more than three-eighths of one inch ( 3/8'') in
length;
(b) Splits or skin breaks exposing flesh and affecting materially the
normal appearance of the prunes;
(c) Any cracks, splits or breaks open to the pit;
(d) Healed or unhealed surface or flesh blemishes caused by insect
injury and which materially affect appearance, edibility or keeping
quality;
(e) Skin damage caused by rain or overdipping to the extent that the
prunes cannot be processed normally without material sloughing of the
skin.
(6) Scab means tough or thick scab exceeding in the aggregate the
area of a circle three-eighths of one inch ( 3/8'') in diameter or by
unsightly scab of another character exceeding in the aggregate the area
of a circle three-fourths of one inch ( 3/4'') in diameter.
(7) Burned means injury by sunburn or excessive heat in dehydration
to the extent that the characteristic appearance, flavor or edibility of
the fruit is noticeably affected.
(8) Mold means a characteristic fungus growth and is
self-explanatory.
(9) Imbedded dirt means the presence of dirt or other extraneous
material so imbedded in, or adhering to, the prune that it cannot be
removed in normal processing.
(10) Insect infestation means the presence of insects, insect
fragments or insect remains.
C. Maximum tolerances. Tolerance allowances shall be on a weight
basis and shall not exceed the following:
(1) The tolerance allowance for decay shall not exceed one percent
(1%).
(2) The combined tolerance allowance for mold, imbedded dirt, insect
infestation, and decay shall not exceed five percent (5%).
(3) The combined tolerance allowance for fermentation, skin or flesh
damage, scab-burned, mold, imbedded dirt, insect infestation, and decay
shall not exceed eight percent (8%).
(4) The combined tolerance allowance for end cracks, fermentation,
skin or flesh damage, scab, burned, mold, imbedded dirt, insect
infestation, and decay shall not exceed ten percent (10%), except that
the first eight percent (8%) of end cracks shall be given one-half value
and any additional percentage of end cracks shall be given full value.
(5) The combined tolerance allowance for off-color, inferior meat
condition, end cracks, fermentation, skin or flesh damage, scab-burned,
mold, imbedded dirt, insect infestation, and decay shall not exceed
twenty percent (20%), except that the first eight percent (8%) of end
cracks shall be given one-half value and any additional percentage of
end cracks shall be given full value.
(6) Prunes showing obvious live insect infestation shall be fumigated
prior to acceptance.
D. Natural condition prunes must be properly dried and cured in
original natural condition, without the addition of water, and free from
active infestation, so that they are capable of being received, stored
and packed without deterioration or spoilage.
II. Minimum standards for processed prunes:
A. Defects. Defects are: (1) Off-color; (2) inferior meat
condition; (3) end cracks; (4) fermentation; (5) skin or flesh
damage; (6) scab; (7) burned; (8) mold; (9) imbedded dirt; (10)
insect infestation; (11) decay.
B. Explanation of terms. (1) Off-color means a dull color or skin
differing noticeably in appearance from that which is characteristic of
mature, properly handled fruit of a given variety or type.
(2) Inferior meat condition means flesh which is fibrous, woody or
otherwise inferior due to immaturity to the extent that the
characteristic texture of the meat is substantially affected.
(3) End cracks means callous growth, cracks, at the blossom end of
prunes, aggregating more than three-eighths of one inch ( 3/8'') but not
more than one-half of one inch ( 1/2'') in length.
(4) Fermentation means damage to the flesh by fermentation to the
extent that the characteristic appearance or flavor is substantially
affected.
(5) Skin or flesh damage means growth cracks, splits, breaks in skin
or flesh of the following descriptions:
(a) Callous growth cracks, except end cracks as defined in this
section, aggregating more than three-eighths of one inch ( 3/8'') in
length;
(b) Splits or skin breaks exposing flesh and materially affecting the
normal appearance of French prunes; or markedly affecting the normal
appearance of varieties other than the French variety;
(c) Any cracks, splits or breaks open to the pit;
(d) Healed or unhealed surface or flesh blemishes caused by insect
injury and which materially affect appearance, edibility or keeping
quality.
(6) Scab means tough or thick scab exceeding in the aggregate the
area of a circle three-eighths of one inch ( 3/8'') in diameter or by
unsightly scab of another character exceeding in the aggregate the area
of a circle three-fourths of one inch ( 3/4'') in diameter.
(7) Burned means injury by sunburn or excessive heat in dehydration
to the extent that the characteristic appearance, flavor or edibility of
the fruit is noticeably affected.
(8) Mold means a characteristic fungus growth and is
self-explanatory.
(9) Imbedded dirt means the presence of dirt or other extraneous
material so imbedded in, or adhering to, the prune that it cannot be
readily removed in washing the fruit.
(10) Insect infestation means the presence of insects, insect
fragments or insect remains.
C. Maximum tolerances. Tolerance allowances shall be on a weight
basis and shall not exceed the following:
(1) There shall be no tolerance allowance for live insect
infestation.
(2) The tolerance allowance for decay shall not exceed one percent
(1%).
(3) The combined tolerance allowance for mold, imbedded dirt, insect
infestation, and decay shall not exceed five percent (5%).
(4) The combined tolerance allowance for fermentation, skin or flesh
damage, scab, burned, mold, imbedded dirt, insect infestation, and decay
shall not exceed eight percent (8)%.
(5) The combined tolerance allowance for end cracks, fermentation,
skin or flesh damage, scab, burned, mold, imbedded dirt, insect
infestation, and decay shall not exceed ten percent (10%), except that
the first eight percent (8%) of end cracks shall be given one-half value
and any additional percentage of end cracks shall be given full value.
(6) The combined tolerance allowance for off-color, inferior meat
condition, end cracks, fermentation, skin or flesh damage, scab, burned,
mold, imbedded dirt, insect infestation, and decay shall not exceed
twenty percent (20%), except that the first eight percent (8%) of end
cracks shall be given one-half value and any additional percentage of
end cracks shall be given full value.
07 CFR 993.97 Subpart -- Administrative Rules and Regulations
07 CFR 993.97 Definitions
Source: 26 FR 8278, Sept. 2, 1961, unless otherwise noted.
07 CFR 993.101 Order.
Order means Marketing Agreement No. 110, as amended, and Order No.
993, as amended ( 993.1 through 993.97), regulating the handling of
dried prunes produced in California, or as they may be further amended
hereafter.
07 CFR 993.102 Committee.
Committee means the Prune Marketing Committee established pursuant to
993.24.
(26 FR 8278, Sept. 2, 1961, as amended at 48 FR 57261, Dec. 29, 1983)
07 CFR 993.103 Terms in the order.
Terms defined in the order shall have the same meaning when used in
this subpart.
07 CFR 993.104 Lot.
(a) Lot for the purposes of 993.49 and 993.149 means any quantity
of prunes delivered by one producer or one dehydrator to a handler on
which inspection is requested: Provided, That a lot shall be limited to
(1) the prunes contained in not more than 30 ''ton box'' containers or
(2), if in other containers, not more than 60,000 pounds of prunes. If
the prunes in any containers are markedly inferior in quality and
condition to other prunes in the proffered lot, the containers shall be
segregated into lots of reasonable uniform quality.
(b) Lot for the purposes of 993.50 and 993.150 means:
(1) With respect to in-line inspection either (i) the aggregate
quantity of prunes of the same size, other than those rejected by
inspection, processed in any continuous production of one calendar day
and packed during such day in one size and style of container or (ii)
the aggregate quantity of prunes of the same size, other than those
rejected by inspection, so processed and held in packing containers for
later packaging.
(2) With respect to floor inspection either (i) prunes not previously
inspected in-line, of the same size, in like containers, bearing the
same identification (e.g., brand) if in consumer packages, and offered
for inspection as a lot; or (ii) prunes previously inspected in-line
but rejected as failing to meet requirements, of the same size, in like
containers, processed in any continuous production of one calendar day,
and offered for inspection as a new lot.
07 CFR 993.105 Size count.
Size count means the count or number of prunes per pound.
(26 FR 8278, Sept. 2, 1961. Redesignated at 35 FR 11380, July 16,
1970 and 37 FR 15980, Aug. 9, 1972)
07 CFR 993.106 In-line inspection.
In-line inspection means inspection of prunes where samples are drawn
from a flow of prunes prior to packaging.
07 CFR 993.107 Floor inspection.
Floor inspection means inspection of prunes where samples are drawn
from packaged prunes or from unpackaged prunes that are held in packing
containers.
07 CFR 993.108 Non-human consumption outlet.
Non-human consumption outlet means any livestock feeder or
manufacturer of inedible syrup, industrial alcohol, animal feed, or
other product for non-human use, who has established, to the
satisfaction of the committee, that any prunes or prune waste received
for a non-human use will be used only within such outlet.
(26 FR 8278, Sept. 2, 1961; 26 FR 8483, Sept. 9, 1961)
07 CFR 993.109 Modified definition of non-French prunes.
The definition of non-French prunes set forth in 993.6 is modified
to read as follows: Non-French Prunes means prunes commonly known as
Imperial, Sugar, Robe de Sargent, Burton, Standard, Jefferson,
Fellenberg, Italian, President, Giant, Hungarian (Gross), and Moyer,
produced from such varieties of plums.
(38 FR 22887, Aug. 27, 1973)
07 CFR 993.109 Prune Administrative Committee
07 CFR 993.128 Nominations for membership.
(a) Districts. In accordance with the provisions of section 993.28,
the districts referred to therein are described as follows:
District No. 1. That portion of Sutter County north of a line
extending along Clark Road easterly to the Yuba County line and westerly
to the Colusa County line.
District No. 2. All of Colusa County and that portion of Sutter
County north of a line extending along Oswald Road easterly to the Yuba
County line and westerly to the Colusa County line except that portion
included in District 1.
District No. 3. All of Yolo County and that portion of Sutter County
not included in Districts 1 and 2.
District No. 4. The counties of Fresno, Kern, Lake, Mendocino,
Merced, Napa, San Benito, San Joaquin, Sacramento, Santa Clara, Solano,
Sonoma, Stanislaus, Tulare, and all other counties not included in
Districts 1, 2, 3, 5, 6, and 7.
District No. 5. Butte County.
District No. 6. Yuba County.
District No. 7. The counties of Glenn, Shasta, and Tehama.
(b) Voting procedures -- (1) Independent producers. Prior to March 8
of each election year, the Committee shall cause a meeting to be held,
in each of the election districts established pursuant to 993.28(a) for
the purpose of obtaining names of proposed candidates for nomination to
the Secretary for selection as members and alternate members for the
respective districts. Each such candidate must be a producer in the
district for which he is proposed. Prior to March 15 of that election
year, the Committee shall prepare for each district and mail to each
independent producer of record in such district a ballot as prescribed
in 993.28(a). Each voter shall be entitled to cast only one vote for a
member nominee and only one vote for an alternate member nominee in a
district in which he is a producer, and no voter shall vote for
candidates in more than one district. In case he is a producer in more
than one district he shall elect in which of such districts he will vote
and notify the Committee as to his choice. In order to be counted, such
a mail ballot must be executed and returned to the Committee postmarked
not later than the following March 31. One nominee for member and one
nominee for alternate member for each district shall be submitted to the
Secretary by the Committee on the basis of those receiving the plurality
of the mail ballots cast for the respective positions in the particular
district. Returns shall be considered in light of the voting by each
district separately.
(2) Independent handler nominees. (i) Prior to March 15 of each
election year, the Committee shall notify each independent handler of
record of the group of independent handlers in which he has been
classified pursuant to the provisions of 993.28(c) and of the number of
independent handler positions on the Committee for the ensuing term of
office pursuant to the provisions of 993.24 (b) and (c). Prior to
April 1 of each election year, each of the two independent handlers
classified in the group specified in 993.28(c)(1) shall notify the
Committee in writing of his nominee for member and nominee for alternate
member as prescribed therein.
(ii) In any election year in which four member positions and four
alternate member positions are assigned to independent handlers for the
ensuing term of office, the Committee shall, prior to April 1 of such
year, cause to be held a meeting of the three independent handlers
classified in the group specified in 993.28(c)(2) and a separate
meeting of all other independent handlers classified in the group
specified in 993.28(c)(3). Each group at its meeting shall, from among
that group, elect one member nominee and one alternate member nominee by
plurality vote. Each handler present at the meeting of his group shall
be entitled to one vote for a candidate for each position assigned to
that group.
(iii) In any election year in which only three member positions and
three alternate member positions are assigned to independent handlers
for the ensuing term of office, the Committee shall, prior to April 1
thereof, cause to be held a meeting of all independent handlers except
those classified in the group specified in 993.28(c)(1). At such
meeting one member nominee and one alternate member nominee shall be
elected in accordance with the applicable provisions of 993.28(c).
(47 FR 7389, Feb. 19, 1982, as amended at 55 FR 5571, Feb. 16, 1990)
07 CFR 993.128 Grade and Size Regulations
07 CFR 993.149 Receiving of prunes by handlers.
(a) Receiving stations -- (1) General. Prunes shall be received by a
handler at any receiving station so designated by the Committee.
Receiving station shall mean any plant of a handler or a dehydrator's
premises; this term shall also mean any other place where prunes are
normally and usually received by a handler in any considerable volume as
ranch deliveries, and at which there are adequate facilities to enable
the inspection service to determine whether the prunes meet the
applicable grade, size, and condition requirements.
(2) Receiving at dehydrator. Any handler may arrange with the
committee and the inspection service for the incoming inspection and
certification to be based on samples of prunes drawn as prune plums and
dehydrated in the same manner as the prunes to which they are referable.
Where such arrangement is acceptable to the Committee as permitting the
inspection and certification of the prunes to be comparable to an
inspection and certification when based on samples drawn as prunes, such
certification shall be acceptable for the purposes of this section if
the inspector further certifies that the dehydration process of the
prunes being certified resulted in prunes eligible to be received under
the terms and conditions of this part.
(b) Inspection stations. Prunes shall be inspected only at
inspection stations established by the inspection service with the
concurrence of the Committee. Inspection station shall mean a
centralized station and any receiving station other than a handler's
plant or a dehydrator's premises.
(c) Incoming inspection -- (1) General. Upon any producer or
dehydrator delivering prunes to a handler, the handler shall issue to
the inspection service an identification tag showing the name and
address of such producer or dehydrator, the date of delivery, the county
of production, the number and type of containers, the approximate net
weight of the prunes, the place where the prunes are to be inspected,
and any other information necessary to identify such prunes to the
satisfaction of the inspector and the Committee. For each such
delivery, the handler shall issue to the producer or dehydrator a door
receipt or weight certificate showing the name and address of the
producer or dehydrator, the weight of the delivery, and any other
information necessary to identify the delivery. Such information shall
be available to the inspector and the Committee. Each lot shall be
sampled separately and as soon as practicable following delivery. The
handler shall supply any necessary information together with any
assistance needed by the inspector in drawing samples including the
dumping of containers.
(2) Certification. Following inspection of a lot not returned to the
producer or dehydrator, the handler shall require the inspection service
to issue, in quintuplicate, a certificate containing at least the
following information: (i) The place where samples were drawn and the
date and place of inspection; (ii) the name and address of the producer
or dehydrator, the handler, and the inspection service; (iii) the
variety of the prunes, the county in which such prunes were produced,
the number and type of the containers thereof, the net weight of the
prunes as shown on the applicable door receipt or weight certificate,
together with the number of such receipt or certificate, and the
contract or account number under which the prunes were delivered; (iv)
whenever applicable, the percentage by weight of undersized prunes in
the lot; (v) with respect to the balance of the lot, the inspector's
computation of the percentage, by screen size of prunes and in the
aggregate, of each group or combination of groups of defects for which a
maximum tolerance is in effect; (vi) whether the prunes in the lot,
exclusive of any undersigned prunes, are standard or substandard; (vii)
the inspector's computation of the percentage of weight of each screen
size and in the aggregate, of offgrade prunes (those defective pursuant
to 993.97) necessary to be removed therefrom in order for the remainder
in each screen size and in the aggregate to be standard prunes, and
(viii) the average size count of prunes of each screen size and of the
aggregate: Provided, That whenever an undersized prune regulation is in
effect for the crop year, the average size count shall be of all prunes
except undersized prunes in the lot, by screen size and in the
aggregate. The handlers shall require the inspection service to furnish
promptly the producer or dehydrator with one copy of the certificate and
the handler with two copies.
(d) Conditional provisions -- (1) Wet or slack-dry prunes. Any
prunes delivered to a handler by a producer or dehydrator which an
inspector determines have not been properly dried and cured in original
natural condition, or which show evidence of the addition thereto of
water, may be held by the handler for the account of the producer or
dehydrator for conditioning by further drying or dehydration: Provided,
That such prunes shall be identified and kept separate and apart from
any other prunes in the handler's possession until resubmitted for
inspection and certificated as properly dried and cured, or returned to
the producer or dehydrator. The certificate shall show, in addition to
other inspection requirements, that the conditioning was performed and
indicate the net weight after conditioning.
(2) Prunes with active insect infestation. Any prunes delivered to a
handler which an inspector determines are not free from active insect
infestation, may be returned to the producer or dehydrator or may be
held by the handler for the account of the producer or dehydrator for
conditioning by fumigation: Provided, That such prunes shall be
identified and kept separate and apart from any other prunes in the
handler's possession until resubmitted for inspection and certificated
to show, in addition to other inspection requirements, performance of
fumigation and freedom from active infestation.
(3) High moisture content prunes. The delivery of any high moisture
content prunes to a handler by a producer or dehydrator shall be
reported promptly by the handler to the inspection service. The
inspection service shall be requested to submit a report to the
committee of each such delivery which shall contain the following
information: (i) The date and place of the delivery; (ii) the name and
address of the producer or dehydrator, the handler, and the inspection
service; and (iii) the variety of the high moisture content prunes, the
county in which they were produced, and their net weight as shown on the
door receipt or weight certificate, together with the number of such
receipt or certificate. Any handler who, subsequent to delivery to him
of high moisture content prunes, elects to dry or dehydrate them or any
portion thereof to a point where they are capable of being received by
such handler shall, prior to proceeding with such drying or dehydration,
notify an inspector of the inspection service of his election, and the
same procedure shall apply as set forth in paragraph (d)(1) of this
section. For each day on which a handler processes and packages high
moisture content prunes, he shall furnish promptly to the inspector a
signed statement and one copy showing the handler's name and address and
the net weight of the total tonnage of high moisture content prunes
processed and packaged by him on that day. The handler shall furnish
promptly to the inspector two copies of the shipping or disposition
order or other documents which shall show the date of each shipment or
disposition, the applicable reference number thereof, and an adequate
description of the shipment or disposition. One copy of each document
so furnished shall be required to be forwarded to the committee. Upon
request of the committee a handler shall, within ten days thereafter,
file with the committee a signed report on Form PMC 3.1 ''Report of High
Moisture Content Prunes'' which shall contain the following information:
(i) The date and the name and address of the handler; (ii) the total
tonnage of high moisture content prunes delivered to the handler during
the crop year to the date of the report; (iii) the total tonnage of
high moisture content prunes shipped or otherwise disposed of by the
handler during such period; (iv) the total tonnage of high moisture
content prunes delivered to the handler during such period which were
dried or dehydrated and received as prunes by the handler; and (v) the
total tonnage of high moisture content prunes in the handler's
possession on the date of the report.
(4) Return of prunes to producers and dehydrators. Any lot of prunes
delivered to a handler by a producer or dehydrator may be returned to
the producer or dehydrator prior to an inspection thereof. Any lot of
prunes so delivered whose identity has been maintained may be so
returned following an inspection thereof, except prunes which have been
size graded or sorted by the handler, resulting in a segregation of
defects. Prunes which have been sorted for the producer or dehydrator,
the identity of which have been maintained to the satisfaction of the
inspector and the Committee, may be resubmitted for inspection in not
more than three new lots, equal in weight to the original lot, and the
applicable inspections shall supersede the original inspection.
(26 FR 8278, Sept. 2, 1961, as amended at 33 FR 11812, Aug. 21, 1968;
33 FR 12033, Aug. 24, 1968; 33 FR 14172, Sept. 19, 1968; 35 FR 11380,
July 16, 1970; 37 FR 15980, Aug. 9, 1972; 39 FR 30343, Aug. 22, 1974;
43 FR 40199, Sept. 11, 1978; 48 FR 57261, Dec. 29, 1983)
07 CFR 993.150 Disposition of prunes by handlers.
(a) Inspection stations. An inspection station shall be any plant of
a handler, and any other place where he handles prunes.
(b) Outgoing inspection. Except as otherwise specifically provided,
no handler shall ship or otherwise make final disposition of natural
condition prunes or of processed prunes unless he has, prior to such
shipment or final disposition, had them inspected and obtained a
certificate showing that such prunes meet the effective minimum
standards. Such inspection shall be made during that portion of the
final preparation of the prunes for shipment or other final disposition
as will permit proper sampling, whether in-line or floor inspection, and
no handler shall perform such final preparation unless an inspector is
present. The handler shall furnish promptly to the inspector a copy of
the shipping or disposition order or other documents, which shall show
the date of each shipment or disposition, the applicable reference
number thereof, and an adequate description of the shipment or
disposition. For the prunes inspected each day which meet the
applicable minimum grade and size requirements for standard prunes, or
standard processed prunes, the handler shall cause the inspector to
issue in triplicate a signed certificate containing the following
information: (1) The date and place of inspection; (2) the name and
address of the handler and of the inspection service; (3) the number
and size of packages or the net weight of prunes; (4) the number of the
worksheet or worksheets on which the inspector's computations and
results of tests are recorded; and (5) a statement that the prunes meet
the effective minimum standards for standard prunes, or standard
processed prunes, as the case may be.
(c) Interhandler transfers. With the exception of those prunes held
by a handler pending their disposition pursuant to 993.49(c) and those
prunes held by him for the account of the Committee pursuant to 993.57,
a handler may transfer prunes to another handler within the area. Any
such interhandler transfer may be without the transferring handler
having an inspection made as provided for in 993.51: Provided, That
before each such transfer the transferring handler shall: (1) Give
written notice of the transfer to the inspection service including the
proposed date of the transfer, the names of the handlers and, by plant
designation, the present location and the destination of the prunes, the
number of containers, variety, size designation, and total net weight of
the prunes, and the manifest or billing number; and (2) receive from
the inspection service a DFA Form P-5 ''Shipping Inspection Report and
Certificate'' marked ''Interhandler Transfer Report'' on which the
inspection service recorded the information furnished by the
transferring handler. The transferring handler shall sign the
''Interhandler Transfer Report'' including all copies thereof that were
received from the inspection service, and forward the signed original
and one copy to the receiving handler at the time of the interhandler
transfer. Upon receipt of the transferred prunes, the receiving handler
shall enter on both the original and the copy the date he received the
prunes, sign the original, and immediately forward it to the inspection
service. The transferring handler shall cause the inspection service to
promptly report the transfer to the Committee. As provided in
993.50(f), the receiving handler shall, before shipping or otherwise
making final disposition of such prunes, comply with the requirements of
993.50 and 993.51.
(d) Tolerances for non-French prunes. Any lot of standard prunes or
standard processed prunes containing more than 2 percent by weight of
non-French prunes shall be disposed of only in prune product outlets as
prescribed in 993.50(c) unless the non-French prunes therein have an
average count of 40 or less per pound and unless in a 100-ounce sample
of the lot, the count per pound of 10 ounces of the smallest prunes in
the sample does not vary from the count per pound of 10 ounces of the
largest prunes in the sample by more than 35 points. A lot shall be
deemed to exceed the 2 percent tolerance for non-French prunes whenever
an inspection shows such prunes exceed 2 percent in any four consecutive
sampling units of two tons or less or, if less than four such units are
sampled, in such lesser number of units.
(e) Prunes which fail to meet minimum standards -- (1) Committee's
approval of disposition -- (i) General. Those defective prunes
accumulated by a handler by removing them from standard or substandard
prunes, and those prunes received or held by a handler which fail to
meet the applicable minimum standards and are held for disposition
without removal of defective prunes in excess of maximum tolerances, may
only be used, if within the tolerances prescribed in 993.97 II. C.
(1), (2), and (3), for prune products, or if any such tolerances are
exceeded and any live infestation corrected by fumigation, for non-human
consumption or be destroyed. In order to insure that all such prunes
are shipped or otherwise disposed of in accordance with 993.50(e), no
handler shall during any crop year ship or otherwise make final
disposition of any such prunes, other than prune waste subject to daily
non-human disposition for sanitation purposes, unless prior thereto he
had obtained during that crop year (except as otherwise provided in
paragraph (e)(1)(iii) of this section) the Committee's approval of his
application to do so.
(ii) Application for approval. The handler's application to ship or
otherwise make final disposition of any such prunes shall be submitted
on Form PMC 2.2 ''Application for Permission to Dispose of Substandard
Prunes''. If the prunes are for shipment, the application shall set
forth: (a) The name and address of the handler's vendee and the name
and address of the consignee whether the same as or different from the
vendee; (b) the particular use to be made of the prunes; (c) if such
use is to be by a person other than the handler's vendee or the
consignee, the name and address of such user; and (d) the crop year or
the period within, or the portion of, the crop year during which
shipments are to be made. When the use or the name and address of the
consignee or user are not known by the handler, the handler shall
arrange for the submission of such information to the Committee. If use
is to be by the handler, the application shall so indicate and shall set
forth all applicable information. Each application for shipment shall
be limited to the handler's vendee and the consignee if different from
the vendee, and to a specific user and use, and may be open as to
quantity: Provided, That, when the use or name and address of the user
are not known by the handler, the application shall include the quantity
of prunes to be shipped and be limited to that quantity. Each
application for final disposition for a particular use by the handler
shall be limited to such handler and use.
(iii) Approval of applications. The Committee's approval of a
handler's application shall be transmitted to the handler on Form PMC
2.3 ''Permission to Dispose of Substandard Prunes''. In approving an
application, the Committee shall specify the crop year, or the period
within or the portion of the crop year, for which the approval is
granted: Provided, That, the Committee may approve in July any such
application that is submitted during that month by the handler for
shipment or other final disposition of the prunes covered thereby in the
succeeding crop year. When the use or the name and address of the user
or consignee are not known to the handler, the Committee shall not
approve the application until it has been informed as to such use and
user and consignee of the prunes.
(iv) Disapproval of applications; or revocation of approved
applications. In acting on an application, the Committee may disapprove
the application when: (a) The application does not conform with the
requirements of paragraph (e)(1)(ii) of this section; (b) the Committee
has cause to believe that the prunes covered by the application will not
be shipped or disposed of in accordance with the application; or (c)
the handler, or any of the parties involved in the proposed shipment or
disposition, had shipped or made other disposition of prunes covered by
a previously approved application inconsistent with that application.
The Committee may for cause revoke a handler's previously approved
application if he ships or makes other disposition inconsistent with
such application. Whenever a user uses prunes inconsistent with an
approved application, the Committee may for cause revoke such
application, and such other approved applications applicable to such
user as the Committee deems necessary to assure that the prunes covered
by such applications will not be used in a manner inconsistent with
those applications or the order. The Committee shall notify the handler
in writing of each disapproval and each revocation.
(v) Evidence of non-human disposition. Whenever defective or
substandard prunes or prune waste are shipped to or otherwise disposed
of in non-human consumption outlets, or destroyed, the handler shall
furnish the Committee with a copy of the shipping document or other
documentary evidence of the disposition as may be satisfactory to the
Committee and at such times as the Committee may direct.
(vi) Books and records. Each handler who ships or otherwise disposes
of defective or substandard prunes or prune waste shall make available
for examination by the Committee, at his business office at any
reasonable time during business hours, copies of all applicable purchase
orders, sales contracts, or disposition documents, together with any
further information which the Committee may deem necessary or desirable
to enable it to determine whether such prunes or prune waste have been
or will likely be utilized as authorized.
(2) Out of the area shipments. Whenever substandard prunes for human
consumption are packed in closed containers, and if for shipment outside
the area they shall be so packed, each such container shall be clearly
marked ''For Manufacturing Purposes Only''. Whenever substandard prunes
restricted to non-human usage are shipped in closed containers, each
such container shall be clearly marked ''For Non-Human Usage''. In each
instance, the letters shall be of reasonable prominence and in a
conspicuous place on the container.
(3) Inspection of substandard prunes. Each handler shall cause
substandard prunes, for use in prune products, to be inspected (prior to
disposition or shipment by a handler) by an inspector, and that such
inspector issue, in triplicate, a signed clearance certificate (for the
preparation of which the handler shall make available to the inspector
the necessary data) containing the following information: (i) The date
and place of inspection and clearance; (ii) the name and address of the
inspection service and of the handler; (iii) the number and kind of
packages, the net weight, and the adequacy of the marking; (iv) the lot
number or shipping or disposition order number; (v) the committee's
approval number; (vi) the destination; and (vii) the actual percentage
of off-grade prunes of each group, or combination of groups, of defects
in excess of the then current tolerances for standard prunes or standard
processed prunes.
(f) Pitted prunes -- (1) For human consumption as such. No handler
shall ship or otherwise make final disposition of any lot of pitted
prunes for human consumption as pitted prunes unless the lot, before
pitting, met (i) the applicable minimum standards set forth in 993.97
(Exhibit A), or as such standards may be modified, for standard prunes
or standard processed prunes, and (ii) the requirements specified in
993.50 (c) and (d).
(2) For use in prune products. Any lot of substandard prunes,
whether natural condition or processed, if within the applicable
tolerances prescribed in 993.97 II C (1), (2), and (3), may be pitted
and shipped or disposed of for use and used in prune products for human
consumption: Provided, That prior to shipment or other final
disposition by handler, such prunes have lost their form and character
as prunes to the satisfaction of the inspector and the committee. An
inspection certificate on such lot shall not be issued until the
inspector has determined that the prunes therein have lost their form
and character as prunes. Disposition of pitted prunes by handlers for
use in prune products shall be in accordance with the applicable
provisions of paragraph (e) of this section.
(g) Disposition of undersized prunes -- (1) Application for and
approval of disposition. Undersized prunes accumulated by a handler
pursuant to 993.49(c) shall be disposed of in nonhuman consumption
outlets during the crop year in which the prunes establishing such
obligation were received from producers and dehydrators. Prior to
making any such disposition, the handler shall obtain the Committee's
approval of his application to do so. The handler's application to ship
or otherwise make final disposition of any such undersized prunes shall
be submitted on Form PMC 2.21 ''Application for Permission to Dispose of
Undersized Prunes'' which shall set forth: (i) The name and address of
the handler's vendee and the name and address of the consignee whether
the same as or different from the vendee; (ii) the particular use to be
made of the prunes; (iii) if such use is to be by a person other than
the handler's vendee or the consignee, the name and address of such
user; and (iv) the crop year or the period within, or portion of, the
crop year during which shipment or other disposition is to be made.
When the use or the name and address of the consignee or user are not
known by the handler, the handler shall arrange for the submission of
such information to the Committee. If use is to be by the handler, the
application shall so indicate and shall set forth all applicable
information. Each application for shipment shall be limited to the
handler's vendee and the consignee, if different from the vendee, and to
a specific user and use. Each application for final disposition for a
particular use by the handler shall be limited to such handler and use.
The Committee's approval of a handler's application shall be transmitted
to the handler on Form PMC 2.31 ''Permission to Dispose of Undersized
Prunes.'' In approving an application, the Committee shall specify the
crop year or the period within, or the portion of, the crop year for
which the approval is granted. When the use or name and address of the
user or consignee are not known to the handler, the Committee shall not
approve the application until it has been informed as to such use and
user and consignee of the prunes. The requirements of 993.150(e)(1)
(iv) (except item (a) thereof), (v), and (vi) with regard to disapproval
of applications or revocation of approved applications, evidence of
nonhuman disposition, and the maintenance of books and records,
applicable to prunes which fail to meet minimum standards, shall also
apply to undersized prunes.
(2) Documentation of disposition of undersized prunes -- (i)
Inspection and certification. The handler shall cause an inspection to
be made of each lot of undersized prunes prior to shipment or other
disposition to determine whether such prunes meet the applicable
requirements prescribed with respect to undersized prunes. After such
determination, the handler shall cause a signed inspection certificate
applicable to such prunes to be forwarded promptly to the Committee.
(ii) Documentation of shipment or other disposition. For each
quantity of undersized prunes so shipped or otherwise disposed of, the
handler shall promptly forward to the Committee one copy of the
applicable bill of lading, truck receipt, or related documentation of
disposition which shall show: (a) The name of the consignee; (b) the
Committee approval number; (c) the destination by name and address of
the person designated to receive the prunes; (d) the date of shipment
or other disposition; (e) the inspection certificate number; (f) the
net weight of the prunes; (g) the weight certificate number; and (h)
identification of the prunes as undersized prunes.
(iii) Certification or receipt. The handler shall forward with each
quantity of undersized prunes disposed of a certification form in
triplicate, Form PMC 4.71 ''User's Receipt of Dried Prunes for Nonhuman
Usage'' on which the handler shall have entered the following applicable
information: (a) The inspection certificate number; (b) the Committee
approval number; (c) the shipping or other disposition document number;
(d) the name of the carrier; (e) the date of shipment or other
disposition; and (f) the license or car number of each carrier unit, if
applicable, used in the movement of the prunes to the destination of
disposition or usage. The handler shall cause, either directly or
through the vendee or consignee, the user of the prunes to certify on
Form PMC 4.71 the receipt by him of the applicable prunes and to
promptly forward the original thereof to the Committee. Such
certification shall set forth the location where the prunes were
received, the date of such receipt, the name and address of the person
who will use or otherwise dispose of the prunes, and the signature and
authority of the certificate to act for the user.
(iv) Certification of usage. The handler shall cause, either
directly or though the vendee or consignee, the user of the prunes to
certify, and forward to the Committee, one copy of Form PMC 4.71,
following use or disposition thereof, that the prunes have been used or
otherwise disposed of, the date and location at which use or other
disposition took place, the name and address of the user, the signature
and authority of the certificant to act for the user, and the date of
his certification.
(3) Tolerances permitting a deviation in prune sizes from applicable
undersized openings -- (i) Undersized French prunes. Whenever an
undersized regulation specifies an opening of 23/32 of an inch for
French prunes, any quantity of French prunes disposed of by a handler in
compliance with 993.50(g) shall not contain more than 15 percent by
weight of prunes which do not pass freely through a round opening 24/32
of an inch in diameter. Whenever an undersized regulation specifies an
opening of 24/32 of an inch in diameter for French prunes, any quantity
of French prunes disposed of by a handler in compliance with 993.50(g)
shall not contain more than 12 percent by weight of prunes which do not
pass freely through a round opening 26/32 of an inch in diameter.
(ii) Undersized non-French prunes. Whenever an undersized regulation
specifies an opening of 28/32 of an inch for non-French prunes, any
quantity of non-French prunes disposed of by a handler in compliance
with 993.50(g) shall not contain more than 10 percent by weight of
prunes which do not pass freely through a round opening 30/32 of an inch
in diameter. Whenever an undersized regulation specifies an opening of
30/32 of an inch in diameter for non-French prunes, any quantity of
non-French prunes disposed of by a handler in compliance with 993.50(g)
shall not contain more than 12 percent by weight of prunes which do not
pass freely through a round opening 32/32 of an inch in diameter.
(26 FR 8280, Sept. 2, 1961, as amended at 27 FR 458, Jan. 17, 1962;
29 FR 2331, Feb. 11, 1964; 33 FR 14172, Sept. 19, 1968; 35 FR 5108,
Mar. 24, 1970; 35 FR 11381, July 16, 1970; 37 FR 15980, Aug. 9, 1972;
40 FR 52838, Nov. 13, 1975; 48 FR 57261, Dec. 29, 1983)
07 CFR 993.150 Reserve Control
07 CFR 993.156 Application of reserve percentage.
The reserve obligation of each handler shall be determined by
applying the reserve percentage to the weight of prunes in each lot,
after deducting the weight of prunes in such lot shown as a percentage
on the applicable inspection certificate as necessary to be removed
therefrom pursuant to 993.49(c), in such manner as may be prescribed in
such reserve control regulation established for the crop year in which
such lot is received by a handler from a producer or dehydrator.
(30 FR 13311, Oct. 20, 1965)
07 CFR 993.157 Holding and delivery of reserve prunes.
(a) Sales and deliveries. Committee sales and deliveries of reserve
prunes from the holdings of any handler shall not exceed the quantity of
reserve prunes required to be held by him. The reserve prune holding
requirement of the handler shall be reduced by the tonnage so sold or
delivered.
(b) Assistance to handlers. As assistance to handlers, the committee
shall furnish each handler a monthly tabulation, beginning as soon as
possible after the start of the crop year, showing his reserve
obligation and holding requirement based on records on file with the
committee.
(c) Failure to hold and deliver reserve prunes in accordance with
reserve obligation. In the event a handler fails to hold for the
committee and deliver his total reserve prune obligation in any category
and is unable to rectify such a deficiency with salable prunes, he shall
compensate the committee in an amount computed by multiplying the pounds
of natural condition prunes so deficient by the applicable values
established by the committee: Provided, That the remedies prescribed
herein shall be in addition to, and not exclusive of, any of the
remedies or penalties prescribed in the act with respect to
noncompliance. The determination of any such deficiency shall include
application of any tolerance allowance for shrinkage in weight, increase
in the number of prunes per pound, and normal and natural deterioration
and spoilage which may then be in effect.
(d) Excess delivery of prunes to the committee. In the event a
handler delivers to the committee as reserve prunes a quantity of prunes
in excess of his holding requirement for reserve prunes, the committee
shall make such practical adjustments as are consistent with this part
and this may include compensating the handler for such excess
(nonreserve prunes) by paying to him the proceeds received by the
committee for such excess.
(e) Holding reserve prunes on other than a handler's premises. No
handler shall hold reserve prunes on the premises of another handler, or
in approved commercial storage other than on his own premises, unless
prior thereto he notifies the committee in a certified report on Form
PMC 5.1 ''Notice of Proposed Intent to Store Reserve Prunes'' which
shall contain at least the following information: (1) The date and the
name and address of the handler; (2) the name and address of the person
on whose premises the reserve prunes will be stored for the handler;
(3) the approximate quantity to be so stored and the exact location and
description of the storage facilities; and (4) the proposed date that
such storage will begin. The report shall be accompanied by a signed
statement by the persons on whose premises the reserve prunes are to be
stored agreeing to hold such prunes under conditions of proper storage
and further agreeing to permit access to such premises by the committee
at any time during business hours for the purpose of examining or taking
delivery of such prunes in accordance with the provisions of this part.
No handler shall be permitted to hold reserve prunes on any premises
outside the area.
(f) Exchange of salable prunes for reserve prunes. No handler shall
exchange salable prunes for reserve prunes unless he has entered into a
sales agreement authorized pursuant to 993.65(b) whereby the value of
any such exchange, and payment therefor to the committee, shall be
determined.
(g) Delivery by nonsignatory handlers. Any handler not signing the
sales agreement authorized pursuant to 993.65(b), shall deliver to the
Committee, upon demand, the total weight of his reserve obligation by
such variety, grade, and size categories, and at the count per pound for
each size category as is required by the reserve control regulation of
the applicable crop year. Such deliveries of prunes may be either
graded prunes or any lot of ungraded prunes, or portion thereof,
identifiable to the satisfaction of the committee as being in the same
form as when received: Provided, That the percent of standard prunes in
each lot shall be taken into account but with respect to any lot of
graded prunes, no credit shall be given to the standard obligation of
the handler if in a sample of 100 ounces, the count per pound of 10
ounces of the smallest prunes exceeds the count per pound of 10 ounces
of the largest prunes by more than 45 prunes per pound.
(33 FR 19162, Dec. 24, 1968; 48 FR 57261, Dec. 29, 1983)
07 CFR 993.158 Deferment of reserve withholding.
Any handler who desires to defer withholding pursuant to the
provisions of 993.58 shall notify the committee on Form PMC 9.1,
''Notification of Desire for Deferment of Reserve Withholding'',
containing at least the following information: (a) The date and the
name and address of the handler; (b) the total salable prunes acquired
or under contract with producers and dehydrators; (c) the period for
which deferment is requested; and (d) the tonnage of reserve prunes, by
categories, on which deferment is requested. The notification shall be
accompanied by the undertaking and bond or bonds required by 993.58. No
handler shall defer withholding of reserve prunes until he has filed the
required undertaking and bond or bonds with the committee and has
received its acceptance.
(30 FR 13311, Oct. 20, 1965; 48 FR 57261, Dec. 29, 1983)
07 CFR 993.159 Schedule of payments and conditions.
(a) Rate of payment for necessary services. Each handler shall, with
respect to reserve prunes held by him for the account of the committee
pursuant to 993.57, be paid at the rate of $25 per ton (natural
condition weight) for necessary services rendered by him in connection
with such prunes so held during all or any part of the crop year in
which the prunes were received from producers or dehydrators. Such
amount shall, together with the additional payments, as applicable,
provided in this section, be in full payment for the costs incurred in
connection with but not being limited to, the following services:
Inspection, receiving, storing, grading, and fumigation. The costs
include, but are not limited to:
(1) Acquisition costs, which include those for salaries, commission,
or brokerage fees, transportation and handling between plants and
receiving stations, inspection, and other costs, including container
expense, incidental to acquisition or storage;
(2) Direct labor costs, which include those for receiving, grading,
preliminary sorting and storing (including that performed by the handler
at the receiving station), and loading for shipment or other delivery to
the committee or its designee; and
(3) Plant overhead costs, which include those for superintendence,
indirect labor, fuel, power and water, taxes and insurance on
facilities, depreciation and rent, repairs and maintenance, factory
supplies and expense, and employee benefits (payroll taxes, compensation
insurance, and other such costs).
(b) Reimbursement for required insurance costs. Each handler holding
reserve prunes for the account of the Committee shall maintain proper
insurance thereon, including fire and extended coverage, in valuations
(according to grade and/or size) established by, or acceptable to, the
Committee for the particular crop year. The Committee shall reimburse
the handler for the actual costs of such insurance. Prior to the
receipt of reserve prunes at the beginning of each crop year, the
handler shall certify to the Committee and the Secretary, on Form PMC
4.5, that he has a fire and extended coverage policy fully insuring all
reserve prunes received by him during such crop year. Such
certification shall contain the following information: (1) The name and
address of the handler; (2) the location(s) where reserve prunes will
be held for the account of the Committee and the premium rate per $100
value per annum at each location; (3) the value per ton at which the
reserve prunes are insured; and (4) the name and address of the
insurance underwriter.
(c) Certain additional payments in connection with the holding of
reserve prunes for the account of the Committee. (1) Whenever a handler
is directed by the committee to move and dump containers or reserve
prunes held by him for the account of the committee for the purpose of
causing an inspection to be made of the prunes, as provided in 993.75,
but without taking delivery of the prunes at that time, the handler
shall be paid for such services at the rate of $2.50 per ton (natural
condition weight).
(2) Commencing with 1968-69 crop year reserve prunes, each handler
holding reserve prunes for the account of the committee beyond the end
of the crop year in which such prunes were received from producers or
dehydrators shall be paid as follows:
(i) For storage and necessary fumigation:
(a) $2 per ton during all or any part of the first 3 months of the
succeeding crop year;
(b) $1 per ton during all or any part of the second 3 months of the
succeeding crop year;
(c) 25 cents per ton during all or any part of the third 3 months of
the succeeding crop year; and
(d) 25 cents per ton during all or any part of the fourth 3 months of
the succeeding crop year.
(ii) $3 per ton for bin rental during all or any part of the
succeeding crop year.
(iii) For insurance as prescribed in paragraph (b) of this section.
(d) Certain additional payments in connection with the delivery of
reserve prunes to the committee or its designee. (1) Whenever a handler
is directed by the committee to deliver to it or its designee reserve
prunes in natural condition, the committee shall furnish the handler
with the containers in which to deliver the prunes, or reimburse the
handler, at cost, for any containers which he furnishes pursuant to an
agreement with the committee.
(2) Whenever the committee arranges with a handler for the reserve
prunes delivered to it or its designee to be in processed and packaged
condition, the committee shall reimburse the handler at the agreed rate,
determined by the committee to be reasonable, for the processing,
container, and packaging costs.
(31 FR 5751, Apr. 14, 1966, as amended at 34 FR 19704, Dec. 16, 1969;
35 FR 11381, July 16, 1970; 48 FR 57261, Dec. 29, 1983)
07 CFR 993.159 Voluntary Diversion
07 CFR 993.162 Voluntary prune plum diversion.
(a) Quantity to be diverted. The Committee shall indicate the
quantity of prune plums that producers may divert pursuant to 993.62
whenever it recommends to the Secretary that diversion operations for a
crop year be permitted. The Committee shall compute the dried weight
equivalent of prune plums so diverted on a dryaway basis in accordance
with the following schedule:
(1) For prune plums of French variety produced in the counties of Del
Norte, Humboldt, Lake, Marin, Mendocino, Napa, Siskiyou, Solano, Sonoma,
and Trinity, 1 pound of dried prunes for each 2.6 pounds of prune plums
diverted;
(2) For prune plums of French varieties produced in the counties of
Alameda, Monterey, San Benito, Santa Clara, Santa Cruz, San Francisco,
and San Mateo, 1 pound of dried prunes for each 2.75 pounds of prune
plums diverted;
(3) For prune plums of French varieties produced in the counties of
Amador, Butte, Colusa, Contra Costa, Glenn, Sacremento, Shasta, Sutter,
Tehama, Yolo, and Yuba, 1 pound of dried prunes for each 3 pounds of
prune plums diverted;
(4) For prune plums of French varieties produced in the counties of
Fresno, Merced, San Joaquin, San Luis Obispo, Stanislaus, Tulare, and
all of the counties in the area not included in paragraphs (a) (1), (2),
and (3) of this section, 1 pound of dried prunes for each 3.25 pounds of
prune plums diverted; and
(5) For prune plums of non-French varieties produced in any country
in the area, 1 pound of dried prunes for each 3.50 pounds of prune plums
diverted.
Whenever diversion operations for a crop year have been authorized by
the Secretary, the Committee shall notify producers, dehydrators, and
handlers, known to it of such authorization.
(b) Eligible diversions. Eligible diversions shall preclude prune
plums from becoming prunes and shall be limited to the following
methods: (1) Disposing of harvested prune plums under Committee
supervision for nonhuman use at a location and in a manner satisfactory
to the Committee; and (2) leaving unharvested the entire production of
prune plums from a solid block of bearing trees designated by the
producer applying for the diversion. In accordance with 993.62(c),
eligible diversion shall not apply to prune plums which would not, under
normal producer practices, be dried and delivered to a handler.
(c) Applications for diversion -- (1) By producers. Each producer
desiring to divert prune plums of his own production shall, prior to
diversion, file with the Committee a certified application on Form PMC
10.1 ''Application for Prune Plum Diversion'' containing at least the
following information: (i) The name and address of the producer;
whether the producer is an owner-operator, share-landlord, share-tenant,
or cash tenant; and the name and address of any other person or persons
sharing a proprietary interest in such prune plums; (ii) the proposed
method of diversion and the location where diversion is to take place;
(iii) the quantity and variety of prune plums proposed to be diverted;
and (iv) the approximate period of diversion. A deposit fee shall
accompany each application and shall be the greater of either $100 or
the amount obtained by multiplying the quantity, in tons, of prune plums
proposed to be diverted by $3.50.
(2) By dehydrator as agent. Any producer, or group of producers, may
authorize any dehydrator to act as agent to divert harvested prune
plums. Prior to diversion such dehydrator shall submit to the Committee
with respect to each producer the certified application on Form PMC 10.1
''Application for Prune Plum Diversion'' required by paragraph (c)(1) of
this section. A deposit fee shall accompany each application and shall
be the greater of either $100 per producer who authorized the dehydrator
to act as agent or the amount obtained by multiplying the quantity in
tons of prune plums proposed to be diverted by $3.50: Provided, That
with respect to any group of four or more producers that authorized the
dehydrator to act as agent for the group and the dehydrator so informs
the Committee, the deposit fee shall be the greater of either $200 or
the amount obtained by multiplying the aggregate quantity in tons of
prune plums proposed to be diverted by the group by $3.50.
(3) Receipt of applications. The Committee shall establish, and give
prompt notice of, a final date for receipt of applications for
diversion: Provided, That if the Committee determines that the total
quantity of prune plums covered by applications received by such date is
substantially less than the quantity which the Committee has determined
pursuant to paragraph (a) of this section, the Committee may provide
such additional time for such receipt of applications as it deems
appropriate and establish and give prompt notice of such additional
time.
(d) Approval of applications. No certificate of diversion shall be
issued by the Committee unless it had approved the application covering
such diversion.
(1) The Committee's approval of an application shall be in writing,
and include at least the following: (i) The details as to the method of
diversion to be followed; (ii) the method of appraisal to be used by
the Committee to determine the quantity of prune plums diverted; (iii)
the lesser of either the quantity specified in the the application for
diversion as proposed to be diverted, or any modification of that
quantity as a result of any Committee proration of the total quantity
proposed to be diverted by all producers; and (iv) such other
information as may be necessary to assist the applicant in meeting the
requirements of this section, including the conditions of proof of
diversion under which diverted prune plums shall receive credit for
certification.
(2) If the Committee determines that it cannot approve an application
it shall notify the applicant promptly. The Committee shall state the
reason for failing to approve the application, and request the applicant
to submit, if practicable, an amended application correcting the
deficiencies in the original application.
(3) The Committee shall establish, and give prompt notice of a final
date by which a producer may modify his approved application including
changing the proposed method of diversion and the quantity of prune
plums proposed to be diverted: Provided, That any change in the
proposed method of diversion shall include information on the location
where such diversion is to take place and shall be accompanied by a
payment of $50 as a service charge, and any increase in the quantity of
prune plums proposed to be diverted shall be accompanied by a payment of
$4.50 per ton for such increase, of which $3.50 shall be the deposit fee
and $1 shall be a service charge.
(4) Whenever an applicant cancels his approved diversion application
prior to diversion, no part of the deposit fee covering actual costs
incurred in connection with the application shall be refunded except
upon approval by the Committee following review of all circumstances in
the matter.
(e) Report of diversion. (1) When diversion of prune plums has been
completed, the diverter (whether producer or dehydrator as agent of a
producer) shall submit the required proof of such diversion to the
Committee. When the Committee concludes that diversion has been
completed pursuant to the requirements of this section, it shall furnish
the producer whose prune plums were diverted with a listing of the total
quantity of prune plums concluded to be so diverted: Provided, That a
producer shall be given credit for any quantity of his prune plums
diverted in excess of the quantity approved by the Committee pursuant to
paragraph (d) of this section but not in excess of 120 percent of such
approved quantity and then only to the extent that such creditable
excess is already covered by his applicable deposit fee or such fee is
increased by an additional deposit to cover such excess.
(2) Upon completion of the computation of dryaway pursuant to
paragraph (a) of this section applicable to the diverter's diversion of
prune plums, the Committee shall issue a report of diversion to the
producer whose prune plums were diverted for the total quantity, dried
weight equivalent, credited for diversion setting forth the computations
by which such total quantity was derived.
(f) Transferable certificate of diversion -- (1) General. As
hereinafter set forth, transferable certificates of diversion shall be
issued by the Committee. Any transferable certificate of diversion
issued to a handler that is a cooperative marketing association, or
submitted to a handler and accepted by him, shall be returned to the
Committee by the handler for credit against the handler's reserve
obligation of the crop year in accordance with 993.57. Such credit
shall be based on the amount shown on the certificate, and shall be
applied to reduce the handler's holding requirement for such crop year.
With respect to such creditable certificate of a handler with a holding
requirement prior to issuance or acceptance, as applicable, of the
transferable certificate of diversion, such credit shall result in an
adjustment downward in the handler's then applicable holding requirement
in an amount equal to that computed by applying the applicable salable
percentage to the total quantity on such certificate. Any adjustment in
a handler's holding requirement shall not affect his obligation, if any,
to continue to hold reserve prunes that are undersized prunes. The term
undersized prunes shall have the same meaning as prescribed by the
Secretary for the then current crop year. If the Committee determines
that effective administration of diversion operations requires
establishment of a final date for submission of transferable
certificates of diversion by producers to handlers, or a final date for
return of such certificates by handlers to the Committee for crediting
against their reserve obligations, or both, it shall establish such
dates.
(2) Issuance to producers. Except as provided in paragraph (f)(3) of
this section, the Committee shall issue transferable certificates of
diversion to each producer diverting prune plums and to whom a report of
diversion was issued. Prior to issuance of any such transferable
certificate of diversion, the producer shall advise the Committee, in
writing: (i) Of the name of the handler to whom the transferable
certificate of diversion is to be submitted and who is holding reserve
prunes referable to prunes received from such producer; and (ii) how
much of the quantity shown on his report of diversion he desires to use
in lieu of reserve prunes but not in excess of the quantity of reserve
prunes referable to prunes received by the handler from such producer.
The Committee shall enter on the transferable certificate of diversion
the name of the handler and the quantity covered by the certificate.
The transferable certificate of diversion shall be endorsed by the
producer and the handler prior to its return to the Committee in order
to be credited by the Committee against such handler's reserve
obligation. If any portion of the quantity shown on the producer's
report of diversion remains unused and he desires to transfer a
transferable certificate of diversion covering all or any part of such
unused portion to another producer, he shall advise the Committee, in
writing, of the name and address of such producer, together with the
applicable quantity desired to be covered by the transfer, and, if
known, the name of the handler to whom such a transferable certificate
is to be submitted. However, the quantity to be covered by the transfer
shall not exceed the quantity of reserve prunes referable to prunes
received by the handler from the transferee-producer. The Committee
shall enter on the transferable certificate of diversion the names of
the transferee-producer and the handler, and the quantity covered by the
certificate. Prior to submission of any such transferred diversion
certificate to a handler, the transferee-producer shall advise the
Committee, in writing, of the name and address of the handler to whom
the transferable certificate is to be submitted and who is holding
reserve prunes referable to prunes received from such producer. Such
transferred diversion certificate shall be endorsed by both producers
and the handler in order to be credited by the Committee against such
handler's reserve obligation.
(3) Issuance to a cooperative marketing association. In connection
with prune plums diverted by producers who are members of a cooperative
marketing association, the Committee shall, when so requested by the
association, issue the applicable transferable certificates of diversion
to it. The quantity entered on the report of diversion of a cooperative
producer shall be entered on or annexed to the applicable transferable
certificate of diversion issued to the association. Such transferable
certificates of diversion shall be returned to the Committee by the
association endorsed by an authorized officer of the association in
order to be credited by the Committee against the association's reserve
obligation.
(4) Applicability of certain payments. The provisions of 993.59
and 993.159 governing payments to a handler for necessary services
rendered by the handler in connection with reserve prunes shall not be
applicable to prunes no longer required to be held as reserve prunes due
to a downward adjustment by the Committee in the handler's holding
requirement on the basis of applicable transferable certificates of
diversion returned to the Committee.
(g) Costs. Pursuant to 993.62(g), the costs pertaining to diversion
are to be defrayed by payment of fees by the producer or cooperative
marketing association to whom a diversion certificate is issued. After
authorized diversion operations for a crop year are completed, the
Committee shall ascertain its costs of diversion operations during such
crop year. If the total amount represented by the deposit fees which
accompanied the applications for diversion exceeds such costs, each
producer, and each cooperative marketing association, entitled thereto
shall receive a proportionate refund of the net amount. Such refund
shall be calculated in the same proportion as the quantity of prune
plums diverted by each such producer, and each such cooperative
marketing association, is to the total quantity of prune plums diverted:
Provided, That the Committee may prescribe a minimum charge to cover
costs of processing each application for diversion submitted to it.
(35 FR 12323, Aug. 1, 1970, as amended at 36 FR 15039, Aug. 12, 1971;
48 FR 57261, Dec. 29, 1983)
07 CFR 993.162 Disposition of Reserve Prunes
07 CFR 993.165 Disposition of reserve prunes.
(a) General. For purposes of 993.65(a)(2), normal outlets for
salable prunes (herein referred to as ''normal outlets'') and outlets
noncompetitive with normal outlets for salable prunes (herein referred
to as ''noncompetitive outlets'') are defined in paragraphs (b) and (c)
of this section.
(b) Normal outlets. Normal outlets means all outlets not
specifically set forth in paragraph (c) of this section as
noncompetitive outlets.
(c) Noncompetitive outlets. Noncompetitive outlets means (1) the
U.S. Government or any agency thereof and any State or local government,
except when such outlets are normally serviced through regular
commercial trade channels, (2) any foreign government or any agency
thereof, except any which normally is serviced through regular
commercial trade channels, (3) any foreign country with an average of
annual commercial imports of California prunes of less than 5 tons,
based on imports during the most recent 5 years, (4) diced prunes for
use as an ingredient in, or the manufacture of, food products for human
consumption, other than for use in the manufacture of prune juice, prune
concentrate, baby food, puree, butter, jam, and low moisture nuggets,
granules, and powder, (5) charities, (6) research or educational
activities, and (7) animal feed, distillation, and other salvage use.
(31 FR 5751, Apr. 14, 1966, as amended at 37 FR 5600, Mar. 17, 1972)
07 CFR 993.165 Reports and Books and Other Records
07 CFR 993.172 Reports of holdings, receipts uses, and shipments.
(a) Holdings as of March 31. Each handler shall, on or before the
15th day of April, file with the committee a signed report of holdings
of prunes which have not been inspected or received by him as a handler
as of March 31. The report shall show for such prunes the name and
address of the producer or dehydrator, the date of each identification
tag assigned to such prunes, the numbers and dates of door receipts or
weight certificates or any other identifying documents assigned to such
prunes, the net weight shown on each, the total net weight of all prunes
so held, and the name and address of the handler making the report.
(b) Receipts by handlers. Each handler shall file with the
committee, for each month, not later than the 5th working day of the
next succeeding month, a signed report on Form PMC 11.1, ''New Crop
Supply and Inbound Prune Report'', containing at least the following
information: (1) The date, the name and address of the handler, and the
period covered by the report; and (2) the total tonnage received during
the month from each of (i) producers and dehydrators, (ii) other
handlers, including interhandler transfers, and (iii) sources other than
producers, dehydrators and other handlers.
(c) (Reserved)
(d) Shipments by handlers. Each handler shall file with the
Committee for each month, not later than the 5th working day of the next
succeeding month, a signed report on Form PMC 12.1, ''Reports of
Shipments,'' reporting shipments of prunes during the crop year through
the last day of the immediately preceding month. Such report shall
contain at least the following information:
(1) The date, the name, and address of the handler, and the period
covered by the report;
(2) The poundages of prunes shipped or otherwise disposed of, other
than shipments to or for the account of other handlers, as follows: (i)
Domestic outlets segregated by uses (including Federal Government
agencies); (ii) export markets, segregated by countries; (iii) both
domestic and export totals segregated by type of pack (carton, visipak,
and other), and (iv) pitted prunes (pitted weight) segregated as to
total to domestic outlets and total to export markets;
(3) The total poundage shipped to or for the account of other
handlers, including interhandler transfers; and
(4) The total poundage of prunes not covered by, or excluded from,
the definition of the term ''prunes'' ( 993.5) shipped.
(e) Holding of reserve prunes. Upon request of the committee, a
handler shall file with the committee, within 10 calendar days
thereafter, a certified report on Form PMC 4.1, ''Reserve Prunes Held by
Handler'', containing the following information as of the date specified
by the committee in its request: (1) The date and name and address of
the handler; (2) the effective date of the report; and (3) the
tonnages of reserve prunes physically held by or for the handler,
itemized by plants, together with the location of the plants and
itemized by the tonnages and average size count by category held at each
such plant.
(26 FR 8281, Sept. 2, 1961, as amended at 30 FR 13311, Oct. 20, 1965;
31 FR 14988, Nov. 29, 1966; 33 FR 19162, Dec. 24, 1968; 48 FR 57261,
Dec. 29, 1983; 49 FR 1469, Jan. 12, 1984)
07 CFR 993.173 Reports of accounting.
(a) Independent handler's reports of accounting. Within 10 days
(exclusive of Saturdays, Sundays, and legal holidays) after a handler,
other than a non-profit cooperative agricultural marketing association,
makes an accounting or settlement with a producer or dehydrator for
prunes delivered to him, he shall submit to the committee a copy of the
accounting or settlement record, which shall contain the following
information: (1) The names and addresses of the producer or dehydrator,
any other person having a financial interest in the prunes, and the
handler; (2) the date of the accounting or settlement; (3) the
contract or account number; (4) an itemized statement listing each lot
of prunes in the delivery, showing the date received, receiving point,
weight certificate, or door receipt number, inspection certificate
number, variety, crop year of production, and the net weight, if any, of
prunes shown by the applicable incoming inspection certificate to be
disposed of for nonhuman consumption in accordance with 993.150(g);
(5) the total net weight of prunes to be set aside for nonhuman
consumption, and the total net weight received; and (6) the total net
weight of each lot, itemized as to salable and reserve prunes by
category as developed from inspection certificates.
(b) Cooperative marketing associations' reports of accounting. Upon
written notice by the committee, non-profit cooperative agricultural
marketing associations which are handlers shall file with the committee
within 10 days (exclusive of Saturdays, Sundays, and legal holidays)
thereafter a signed cumulative report of the prunes received from its
members and any other producers or dehydrators for whom it performs
handling services, which shall contain the following information: (1)
The name and address of the association and the date of the report; (2)
the aggregate net weight of prunes, as shown by the applicable incoming
inspection certificates, required to be disposed of for nonhuman
consumption in accordance with 993.150(g); and (3) the total net
weight of prunes received, itemized by crop years of production, and
itemized as to salable and reserve prunes by category as developed from
inspection certificates.
(c) Carryover and marketing policy information. Upon request of the
committee, a handler shall within 10 days (exclusive of Saturdays,
Sundays, and legal holidays) thereafter, file with the committee a
signed report on Form PMC 14.1 ''Report of Carryover and Marketing
Policy Information,'' containing such of the following items of
information as may be requested by the committee: (1) The tonnage of
prunes held by the handler by size and grade, as of the date specified
in the committee's request and the tonnage of reserve prunes by size in
each category; and (2) the handler's estimate of the tonnage of prunes
held by producers and dehydrators from whom the handler received prunes
during the current or preceding crop year, of the tonnage and quality
and size of prunes expected to be produced by such producers and
dehydrators during the current or following crop year, of current prices
being received by producers, dehydrators, and handlers, and of the
probable trade demand.
(30 FR 13311, Oct. 20, 1965, as amended at 35 FR 11381, July 16,
1970; 37 FR 15981, Aug. 9, 1972; 48 FR 57261, Dec. 29, 1983)
07 CFR 993.174 Records.
Each handler shall maintain such records as are necessary to furnish
the reports required to be submitted to the Committee by him under this
subpart including, but not limited to, records of all transactions on
prunes received, held and disposed of by him, and he shall retain such
records for at least two years after the end of the crop year in which
the applicable transaction occurred.
(26 FR 8281, Sept. 2, 1961; 26 FR 8483, Sept. 9, 1961. Redesignated
at 30 FR 13312, Oct. 20, 1965)
Editorial Note: After January 1, 1979, ''Budget of Expenses and Rate
of Assessment'' regulations (e.g. sections .300 through .399) and
''Marketing percentage'' regulations (e.g. sections .200 through .299)
which are in effect for a year or less, will not be carried in the Code
of Federal Regulations. For Federal Register citations affecting these
regulations, see the ''List of CFR Sections Affected'' in the Finding
Aids section of this volume.
07 CFR 993.174 Subpart -- Undersized Prune Regulation
07 CFR 993.400 Modifications.
Pursuant to the authority in 993.52, the provisions in 993.49(c)
prescribing size openings for undersized prune regulations are hereby
modified to permit larger size openings. For French prunes, any
undersized regulation may prescribe an opening of 23/32 of an inch or
24/32 of an inch; for non-French prunes, any undersized regulation may
prescribe an opening of 28/32 of an inch or 30/32 of an inch.
(40 FR 42531, Sept. 15, 1975)
07 CFR 993.400 Subpart -- Pack Specification as to Size
Source: 26 FR 8281, Sept. 2, 1961, unless otherwise noted.
07 CFR 993.400 Definitions
07 CFR 993.501 Consumer package of prunes.
Consumer package of prunes means consumer package as defined in
993.22.
07 CFR 993.502 Size count.
Size count means the count or number of prunes per pound.
07 CFR 993.503 Size category.
Size category means each of the size categories listed in 993.515
and fixes the range or the limits of the various size counts.
07 CFR 993.504 In-line inspection.
In-line inspection means inspection of prunes where samples are drawn
from a flow of prunes prior to packaging.
07 CFR 993.505 Floor inspection.
Floor inspection means inspection of prunes where samples are drawn
from packaged prunes or from unpackaged prunes that are held in packing
containers for later packaging.
07 CFR 993.506 Lot.
Lot for the purposes of this subpart shall have the same meaning as
defined in 993.104(b) of the Subpart -- Administrative Rules and
Regulations.
07 CFR 993.506 Specifications as to Size
07 CFR 993.515 Size categories.
For the purpose of this part, the pack specifications prescribed for
the packing of prunes in consumer packages shall, subject to the
limitation prescribed in 993.516, be according to those commercially
recognized size categories as are listed in paragraph (a) of this
section by numerical designation or in paragraph (b) of this section by
nomenclature designation.
(a) Numerical designations. Each of the following is a numerical
size category described by the range of the size counts of prunes per
pounds included in the respective size categories expressed as follows
or in an applicable equivalent range expressed in the metric system per
500 grams: 15/20, 15/22, 18/24, 20/30, 25/35, 30/40, 35/45, 40/50,
50/60, 60/70, 70/80, 75/85, 80/90, and 90/100.
(b) Nomenclature designations. Each of the following is a
nonmenclature size category:
(1) Extra large;
(2) Large;
(3) Medium; and
(4) Small, breakfast, petite, or economy.
(c) Nomenclature designations defined. As used in paragraph (b) of
this section:
(1) Extra large means any size count which falls within the range of
25 to 40 prunes, inclusive, per pound;
(2) Large means any size count which falls within the range of 40 to
60 prunes, inclusive, per pound;
(3) Medium means any size count which falls within the range of 60 to
85 prunes, inclusive, per pound; and
(4) Small, breakfast, petite, or economy means any size count which
falls within the range of 85 to 100 prunes, inclusive, per pound.
(26 FR 8281, Sept. 2, 1961, as amended at 49 FR 35930, Sept. 13,
1984)
07 CFR 993.516 Tolerances and limitations.
With respect to in-line inspections and floor inspections, prunes in
a particular lot shall, subject to the other applicable requirements of
this section, be considered as being according to a particular size
category prescribed in 993.515 if the average size count of the prunes
in such lot falls within the range of the size counts specified for such
size category, and the count per pound of 10 ounces of the smallest
prunes in a sample of 100 ounces varies from the count per pound of 10
ounces of the largest prunes in such sample by no more than 45 points.
07 CFR 993.516 Labeling
07 CFR 993.517 Identification.
The size category of the prunes in any lot shall be clearly marked by
the handler on each consumer package of such prunes, on the parts or
panels of the package or label which are normally presented in retail
display, in terms of the applicable numerical or nomenclature
designation prescribed in 993.515, which designation shall not be
lacking in prominence and conspicuousness. Any handler may, at his
option, clearly mark on such consumer package additional information
describing in numerical terms the average size count, or particular
range of size counts, of the prunes in such lot so long as such
numerical terms fall within the range of the size counts of the
applicable numerical or nomenclature designation and do not tend to be
deceptive as to the actual average size count, or range of the size
counts, of the prunes in such lot. Descriptive terms other than
synonyms of the prescribed nomenclature designation or words of like
connotation, describing the style of pack, variety of prune, or other
item of commercial significance may also be marked on the consumer
package. Prunes in any lot of which the maximum size count is less than
25 shall be clearly marked by the handler in terms of the applicable
numerical designation prescribed in 993.515(a); and the handler may
use nomenclature terms descriptive of size other than the nomenclature
designations prescribed in 993.515(b).
(26 FR 8281, Sept. 2, 1961, as amended at 46 FR 38070, July 24, 1981)
07 CFR 993.517 Compliance
07 CFR 993.518 Compliance.
Whenever the season average price to producers for prunes is below
the parity level specified in section 2(1) of the act, no handler shall
ship consumer packages of prunes unless such prunes are packed and
labeled in accordance with the specifications prescribed in this
subpart; and whether prices are above or below parity, no handler shall
use the nomenclature designations in 993.515(b) to describe size
categories other than those prescribed pursuant to 993.515(c).
07 CFR 993.518 Subpart -- Grade Regulations
07 CFR 993.601 More restrictive grade regulation.
(a) Incoming and outgoing regulation. Whenever the estimated season
average price to producers for prunes does not exceed the parity level
specified in section 2(1) of the act, the minimum standards which
handlers' receipts of natural condition prunes are required to meet
pursuant to 993.49(a) shall be the standards specified in 993.49(a)
and 993.97I, and the minimum standards which handlers' shipments or
other final dispositions of prunes are required to meet pursuant to
993.50(a) shall be the applicable standards set forth in 993.97 Exhibit
A; minimum standards, except that the following combined tolerance
allowance for certain defects shall apply in lieu of the tolerance
allowance prescribed in paragraph I C(5) of 993.97 and also in lieu of
that prescribed in paragraph II C(6) of 993.97:
The combined tolerance allowance for off-color, inferior meat
condition, end cracks, fermentation, skin or flesh damage, scab, burned,
mold, imbedded dirt, insect infestation, and decay shall not exceed
fifteen percent (15%), except that the first eight percent (8%) of end
cracks shall be given one-half value and any additional percentage of
end cracks shall be given full value.
(b) Above parity situations. Whenever the estimated season average
price to producers for prunes exceeds the parity level specified in
section 2(1) of the act, the minimum standards set forth in 993.97
shall apply in their entirety.
(27 FR 7540, Aug. 1, 1962)
07 CFR 993.602 Maximum tolerances.
In lieu of the provision prescribed in I C of 993.97 that the
tolerance allowances prescribed therein shall be on a weight basis, the
tolerance allowance percentage for each defect or group of defects in I
C of 993.97 shall be derived by dividing the number of prunes in the
applicable sample affected with the applicable defect(s) by the total
number of prunes in such sample.
(39 FR 30344, Aug. 22, 1974)
07 CFR 993.602 PART 997 -- PROVISIONS REGULATING THE QUALITY OF
DOMESTICALLY PRODUCED PEANUTS HANDLED BY PERSONS NOT SUBJECT TO THE
PEANUT MARKETING AGREEMENT
Sec.
997.1 Secretary.
997.2 Fruit and Vegetable Division.
997.3 Act.
997.4 Person.
997.5 Peanuts.
997.6 Loose shelled kernels.
997.7 Fall through.
997.8 Pickouts.
997.9 Fragmented.
997.11 Producer.
997.12 Production areas.
997.13 Area association.
997.14 Handle.
997.15 Handler.
997.16 Crop year.
997.17 Inspection service.
997.20 Incoming regulation.
997.30 Outgoing regulation.
997.40 Reconditioning and disposition of peanuts failing quality
requirements.
997.50 Inspection, chemical analysis, certification and
identification.
997.52 Reports of acquisitions and shipments.
997.53 Verification of reports.
997.54 Agents.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674;
Sec. 4, 103 Stat. 1878, 7 U.S.C. 608b.
Source: 55 FR 49983, Dec. 4, 1990, unless otherwise noted.
07 CFR 993.602 Definitions
07 CFR 997.1 Secretary.
Secretary means the Secretary of Agriculture of the United States or
any officer or employee of the United States Department of Agriculture
who is, or who may hereafter be authorized to act in his stead.
07 CFR 997.2 Fruit and Vegetable Division.
Fruit and Vegetable Division is synonymous with Division and means
the Fruit and Vegetable Division of the Agricultural Marketing Service,
U.S. Department of Agriculture, P.O. Box 96456, room 2525-S, Washington,
DC 20090-6456.
07 CFR 997.3 Act.
Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended
and as re-enacted and amended by the Agricultural Marketing Agreement
Act of 1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et
seq.).
07 CFR 997.4 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 997.5 Peanuts.
Peanuts means the seeds of the legume arachis hypogaea and includes
both inshell and shelled peanuts, other than those marketed by the
producer in green form for consumption as boiled peanuts.
(a) Farmers stock. Farmers stock peanuts means picked and threshed
peanuts which have not been shelled, crushed, cleaned or otherwise
changed (except for removal of foreign material, loose shelled kernels
and excess moisture) from the form in which customarily marketed by
producers.
(b) Segregation 1. Segregation 1 peanuts means farmers' stock
peanuts with not more than 2 percent damaged kernels nor more than 1.00
percent concealed damage caused by rancidity, mold, or decay and which
are free from visible Aspergillus flavus.
(c) Segregation 2. Segregation 2 peanuts means farmers' stock
peanuts with more than 2 percent damaged kernels or more than 1.00
percent concealed damage caused by rancidity, mold, or decay and which
are free from visible Aspergillus flavus.
(d) Segregation 3. Segregation 3 peanuts means farmers' stock
peanuts with visible Aspergillus flavus.
07 CFR 997.6 Loose shelled kernels.
Loose shelled kernels means peanut kernels or portions of kernels
completely free of their hulls and found in deliveries of farmers' stock
peanuts.
07 CFR 997.7 Fall through.
Fall through means sound split and broken kernels and whole kernels
which pass through specified screens.
07 CFR 997.8 Pickouts.
Pickouts means those peanuts removed during the final milling process
at the picking table, by electronic equipment, or otherwise during the
milling process.
07 CFR 997.9 Fragmented.
For the purpose of this part, fragmented means that not more than 30
percent of the peanuts shall be whole kernels that ride the following
screens, by type: Spanish 15/64 3/4 inch slot; Runner 16/64 3/4 inch
slot; and Virginia 15/64 1 inch slot.)
07 CFR 997.11 Producer.
Producer means any person engaged within the area in a proprietary
capacity in the production of peanuts for sale.
07 CFR 997.12 Production areas.
Production areas mean all States with commerical production of
peanuts including:
(a) The Southeastern Area consisting of the States of Alabama,
Florida, Georgia, Mississippi, and that part of South Carolina south and
west of the Santee-Congaree-Broad Rivers.
(b) The Southwestern Area consisting of the States of Arizona,
Arkansas, California, Louisiana, New Mexico, Oklahoma, and Texas.
(c) The Virginia-Carolina Area consisting of the States of Missouri,
North Carolina, Tennessee, Virginia, and that part of South Carolina
north and east of the Santee-Congaree-Broad Rivers.
07 CFR 997.13 Area association.
Area association means for the Southeastern area, GFA Peanut
Association, Camilla, Georgia; Southwestern area, Southwestern Peanut
Growers Association, Gorman, Texas; and Virginia-Carolina area, Peanut
Growers Cooperative Marketing Association, Franklin, Virginia.
07 CFR 997.14 Handle.
Handle means to engage in the receiving or acquiring, cleaning and
shelling, cleaning inshell, or crushing of peanuts and in the shipment
(except as a common or contract carrier of peanuts owned by another) or
sale of cleaned inshell or shelled peanuts or other activity causing
peanuts to enter the current of commerce: Provided, That this term does
not include sales or deliveries of peanuts by a producer to a handler or
to an intermediary person engaged in delivering peanuts to handler(s):
And Provided further, That this term does not include sales or
deliveries of peanuts by such intermediary person(s) to a handler.
07 CFR 997.15 Handler.
Handler means any person who handles peanuts, in a capacity other
than that of a custom cleaner or dryer, an assembler, a warehouseman or
other intermediary between the producer and the person handling:
Provided, That this term does not include handlers signatory to the
Peanut Marketing Agreement.
07 CFR 997.16 Crop year.
Crop year means the 12-month period beginning with July 1 of any year
and ending with June 30 of the following year.
07 CFR 997.17 Inspection service.
Inspection service means the Federal or Federal-State Inspection
Service, Fruit and Vegetable Division, Agricultural Marketing Service,
UDSA.
07 CFR 997.17 Quality Regulations
07 CFR 997.20 Incoming regulation.
(a) No handler shall receive or acquire peanuts intended for human
consumption, either from a producer or other person, unless such peanuts
are inspected pursuant to 997.50 and are determined to be Segregation 1
peanuts at time of receipt from the producer or, if received from
another person, had not been mixed with peanuts of a lower quality than
Segregation 1 and meet the following additional requirements specified
in this section: Provided, That a handler may --
(1) Acquire shelled peanuts from the Commodity Credit Corporation
(CCC) or cleaned inshell or shelled peanuts from other handlers, a
handler as defined in 7 CFR 998.8, or from buyers who have purchased
such peanuts from handlers or from the CCC, if the lot has been
certified as meeting the requirements of 997.30(a) and the identity is
maintained; and/or
(2) Perform services for an area association pursuant to a peanut
receiving and warehouse contract.
(b) Moisture and foreign material -- (1) Moisture. Except as
provided under paragraph (e) Seed Peanuts of this section, no handler
shall receive or acquire peanuts intended for human consumption
containing more than 10.49 percent moisture: Provided, That peanuts of
a higher moisture content may be received and dried to not more than
10.49 percent moisture prior to storing or milling. For farmers stock
peanuts, moisture determinations shall be rounded to the nearest whole
number. Moisture determinations on shelled peanuts shall be carried to
the hundredths place.
(2) Foreign material. No handler shall receive or acquire farmers'
stock peanuts intended for human consumption containing more than 10.49
percent foreign material, except that peanuts having a higher foreign
material content may be received or acquired if they are held separately
until milled, or moved over a sand-screen before storage, or shipped
directly to a plant for prompt shelling. The term sand-screen means any
type of farmers' stock cleaner which, when in use, removes sand and
dirt.
(c) Damage. For the purpose of determining damage, other than
concealed damage, on farmers' stock peanuts, all percentage
determinations shall be rounded to the nearest whole number.
(d) Loose shelled kernels. No handler shall receive or acquire for
human consumption farmers' stock peanuts containing more than 14.49
percent loose shelled kernels, except that peanuts having a higher loose
shelled kernel content may be received or acquired if they are held
separately until milled or shipped directly to a plant for prompt
shelling. All percentage determinations shall be rounded to the nearest
whole number. Handlers may separate from the loose shelled kernals
received with farmers stock peanuts, those sizes of kernels which ride
screens with the following or larger slot openings: Runner -- 16/64
3/4 inch; Spanish and Valencia -- 15/64 3/4 inch; Virginia -- 15/64 1
inch. If so separated, those loose shelled kernels which ride the
screens may be included with shelled peanuts prepared by the handler for
inspection and sale for human consumption: Provided, That no more than
5 percent of such loose shelled kernels are kernels which would fall
through screens with such minimum prescribed openings. Those loose
shelled kernels which do not ride the screens shall be removed from the
farmers' stock peanuts and shall be held separate and apart from other
peanuts and disposed of for inedible use as provided in 997.40. If the
kernels which ride the prescribed screen are not separated from the
kernels which do not ride the prescribed screen, the entire amount of
loose shelled kernels shall be removed from farmers' stock peanuts and
shall be so held and so delivered or disposed of.
(e) Seed peanuts. Peanuts which are not Segregation 1 peanuts and
therefore cannot be acquired for human consumption may be acquired,
shelled and delivered for seed purposes. Peanuts intended for seed use
which do not meet Segregation 1 requirements shall be stored and shelled
separate from peanuts intended for human consumption. A handler whose
operations include custom seed shelling may receive, custom shell, and
deliver for seed purposes farmer's stock peanuts, and such peanuts shall
be exempt from the requirements of this section and, therefore, shall
not be required to be inspected and certified as meeting these
requirements, and the handler shall report to the Division the weight of
each lot of farmers' stock peanuts received on such basis on Form FV-117
''Weekly Report of Uninspected Farmers Stock Seed Peanuts Received for
Custom Seed Shelling''. However, handlers who acquire seed peanut
residuals from their custom shelling of uninspected (farmers' stock)
seed peanuts or from another person shall hold and/or mill such
residuals separate and apart from other receipts or acquisitions of the
handler, and such residuals which meet the requirements specified in
997.30(a) may be disposed of by sale to human consumption outlets, and
any portion not meeting such requirements shall be disposed of by sale
as peanuts failing to meet human consumption requirements pursuant to
997.40.
(f) Oilstock. Handlers may acquire for disposition to domestic
crushing or export to countries other than Canada and Mexico farmers'
stock peanuts of a lower quality than Segregation 1 or grades or sizes
of shelled peanuts or cleaned inshell peanuts which fail to meet the
requirements for human consumption. Handlers may act as accumulators
and acquire, for other handlers; a handler as defined in 7 CFR 998.8 or
from other persons, Segregation 2 or 3 farmers' stock peanuts. Handlers
may also acquire shelled or fragmented peanuts originating from
Segregation 2 or 3 farmers' stock or the entire mill production of
shelled or fragmented peanuts from Segregation 1 farmers' stock or lots
of shelled peanuts originating from Segregation 1 peanuts and which have
been positive lot identified as specified in 997.30(d), which failed to
meet the requirements for human consumption pursuant to 997.30(a):
Provided, That all such acquisitions are held separate from Segregation
1 peanuts acquired for milling or from edible grades of shelled or
milled peanuts. Handlers may commingle the Segregation 2 and 3 peanuts
or keep them separate and apart and further disposition shall be only as
provided in 997.40(b)(4)(i). Handlers who acquire farmers' stock
peanuts of a lower quality than Segregation 1 or cleaned inshell peanuts
which fail to meet the requirements for human consumption shall report
such acquisitions to the Division as prescribed on Form FV-117-1
''Handlers Monthly Report of Acquisition of Segregation 3 and/or
Segregation 2 Commingled Peanuts''. Handlers who acquire grades or
sizes of shelled peanuts which fail to meet the requirements for human
consumption for disposition to domestic crushing or for fragmenting and
subsequent export to countries other than Canada or Mexico shall report
such acquisitions on Form FV-117-2 ''Acquisitions of Non-Edible Grades
of Commercial Shelled Peanuts for Crushing, Fragmenting or Dyeing''.
(g) Shelled peanuts. Handlers may acquire from other handlers or a
handler as defined in 7 CFR 998.8, for remilling and subsequent
disposition to human consumption outlets, shelled peanuts (which
originated from ''Segregation 1 peanuts'') that fail to meet the
requirements specified for human consumption in 997.30(a). Any lot of
such peanuts must be accompanied by a valid inspection certificate for
grade factors and must be positive lot identified. Transactions made in
this manner shall be reported to the Division on Form FV-117-3.
''Report of Disposition to and Acquisition from Another Handler --
Shelled Peanuts Failing Edible Quality Requirements for Remilling and
Further Handling'' by both the handler acquiring the peanuts and the
handler selling such peanuts. Peanuts acquired pursuant to this
paragraph shall be held and milled separate and apart from other
receipts or acquisitions of the receiving handler, and further
disposition shall be regulated by 997.40.
(h) Inedible quality shelled peanuts for disposition to animal feed.
Handlers may receive or acquire from other handlers or a handler as
defined in 7 CFR 998.8, for further milling and/or processing and
subsequent disposition for use as domestic animal feed, shelled peanuts
that fail to meet the requirements specified for human consumption in
997.30(a). Any lot of such peanuts received or acquired for such further
disposition shall be positive lot identified and covered by a valid
grade inspection certificate issued by a Federal or Federal-State
Inspector. Transactions made in this manner shall be reported to the
Division on Form FV-117-2 ''Acquisitions of Non-Edible Grades of
Commercial Shelled Peanuts for Crushing, Fragmenting or Dyeing''.
Peanuts received or acquired pursuant to this paragraph shall be held,
milled, and/or processed separate and apart from peanuts destined to
human consumption outlets and further disposition shall be regulated as
provided in 997.40(b)(2).
(i) No producer may handle (as defined in 997.14); process;
prepare for sale; or otherwise alter peanuts of his own production from
the condition of Farmers Stock, as defined in 997.5, for disposition in
human consumption outlets unless such peanuts are first inspected and
certified pursuant to 997.50 and meet the applicable requirements of
this section.
(55 FR 49983, Dec. 4, 1990; 55 FR 51798, Dec. 17, 1990)
07 CFR 997.30 Outgoing regulation.
(a) Shelled peanuts -- (1) No handler shall ship, sell, or otherwise
dispose of shelled peanuts for human consumption unless such peanuts are
Positive Lot Identified and certified as meeting the requirements
specified in the table in this paragraph:
(2) Peanuts meeting the specifications in the table in paragraph
(a)(1) of this section must also be certified ''negative'' as to
aflatoxin content prior to shipment. For the current crop year,
''Negative'' aflatoxin content means 15 parts per billion (ppb) or less
for peanuts which have been certified as meeting edible quality grade
requirements and 25 ppb or less for non-edible quality categories.
Prior to shipment, appropriate samples for pretesting shall be drawn, in
accordance with paragraph (c) of this section, from each lot of edible
quality peanuts. The lot size of edible quality shelled peanuts, in
bulk or bags, shall not exceed 200,000 pounds.
(b) Cleaned inshell peanuts. No handler shall ship, sell, or
otherwise dispose of cleaned inshell peanuts for human consumption:
(1) With more than 1.00 percent kernels with mold present unless a
sample of such peanuts, drawn by an inspector of the Federal or
Federal-State Inspection Service, was analyzed chemically by a U.S.
Department of Agriculture laboratory (hereinafter referred to as ''USDA
laboratory'') or a laboratory listed in paragraph (c) of this section
and found to be wholesome relative to aflatoxin;
(2) With more than 2.00 percent peanuts with damaged kernels;
(3) With more than 10.00 percent moisture; or
(4) With more than 0.50 percent foreign material.
The lot size of such peanuts in bags or bulk shall not exceed 200,000
pounds.
(c) Pretesting shelled peanuts -- (1) Each handler shall cause
appropriate samples of each lot of edible quality shelled peanuts to be
drawn by an inspector of the Federal or Federal-State Inspection
Service. The gross amount of peanuts drawn shall be large enough to
provide for a grade analysis, for a grading check-sample, and for three
48-pound samples for aflatoxin assay. The three 48-pound samples shall
be designated by the Federal or Federal-State Inspection Service as
''Sample 1N'', ''Sample 2N'', and ''Sample 3N'' and each sample shall
be placed in a suitable container and ''positive lot identified'' by
means acceptable to the Inspection Service. Sample 1N may be prepared
for immediate testing or Sample 1N, Sample 2N, and Sample 3N may be
returned to the handler for testing at a later date.
(2) Before shipment of a lot of peanuts to the buyer (receiver), the
handler shall cause Sample 1 to be ground by the Federal or
Federal-State Inspection Service, a USDA laboratory or a laboratory
listed herein, in a ''subsampling mill'' approved by the Division. The
resultant ground subsample from Sample 1N shall be of a size specified
by the Division and shall be designated as ''Subsample 1-ABN'' and at
the handler's or buyer's option, a second subsample may also be
extracted from Sample 1N. It shall be designated as ''Subsample
1-CDN''. Subsample 1-CDN may be sent as requested by the handler or
buyer, for aflatoxin assay, to a USDA laboratory or other laboratory
that can provide analyses results on such samples in 36 hours. The cost
of sampling and testing Subsample 1-CDN shall be for the account of the
requester. Subsample 1-ABN shall be analyzed only in a USDA laboratory
or a laboratory listed herein. Both Subsamples 1-ABN and 1-CDN shall be
accompanied by a notice of sampling signed by the inspector containing,
at least, identifying information as to the handler (shipper), the buyer
(receiver), if known, and the positive lot identification of the shelled
peanuts. A copy of such notice covering each lot shall be sent to the
Division.
(3) The samples designated as Sample 2N and Sample 3N shall be held
as aflatoxin check-samples by the Inspection Service or the handler and
shall not be included in the shipment to the buyer until the analyses
results from Sample 1N are known.
(4) Upon call from the laboratory, handler shall cause Sample 2N to
be ground by the Inspection Service in a ''subsampling mill''. The
resultant ground subsample from Sample 2N shall be of a size specified
by the Division and it shall be designated as ''Subsample 2-ABN''.
Upon call from the laboratory, the handler shall cause Sample 3N to be
ground by the Inspection Service in a ''subsampling mill''. The
resultant ground subsample from Sample 3N shall be of a size specified
by the Division and shall be designated as ''Subsample 3-ABN''.
''Subsamples 2-ABN and 3-ABN'' shall be analyzed only in a USDA
laboratory or a laboratory listed herein and each shall be accompanied
by a notice of sampling. A copy of each such notice shall be sent to
the Division. The results of each assay shall be reported by the
laboratory to the handler and to the Division. All costs involved in
the sampling and testing of peanuts required by this regulation shall be
for the account of the applicant.
(5) Information on making arrangements for the required inspection
and certification, can be obtained by contacting the Chief, Fresh
Products Branch, Fruit and Vegetable Division, Agricultural Marketing
Service, USDA, P.O. Box 96456, Room 2056-S, Washington, DC 20250;
Telephone (202) 447-5870.
(i) Laboratories at the following locations are approved to perform
the chemical analyses required pursuant to this part. The sampling plan
and procedures may be obtained from the Division.
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
1411 Reeves St.
Mail: P.O. Box 1368
Dothan, AL 36301
Tel. (205) 794-5070
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
301 West Pearl St.
Mail: P.O. Box 279
Aulander, NC 27805
Tel. (919) 345-1661
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
2705 Taft St.
Albany, GA 31707
Tel. (912) 430-8490/8491
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
P.O. Box 488
Golden Peanut Company
Ashburn, GA 31714
Tel. (912) 567-3703
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
610 North Main St.
Blakely, GA 31723
Tel. (912) 723-4570
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
548 North Ellis Street
Mail: P.O. Box 548
Alimento Processing
Camilla, GA 31730
Tel. (912) 336-0785
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
P.O. Box 272
Dawson, GA 31742
Tel. (912) 995-2111
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
Golden Peanut Co.
106 South Cliff St.
Mail: P.O. Box 97
Graceville, FL 32440
Tel. 1-800-451-2348
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
107 South 4th St.
Madill, OK 73446
Tel. (405) 795-5615
Commodities Scientific Support Division
Agricultural Marketing Service, USDA
308 Culloden St.
Mail: P.O. Box 1130
Suffolk, VA 23434
Tel. (804) 925-2286
ABC Research
P.O. Box 1557
Gainesville, FL 32602
Tel. (904) 372-0436
Pert Laboratories
P.O. Box 267
Edenton, NC
Tel. (919) 482-4456
Professional Service Industries, Inc.
3 Burwood Lane
San Antonio, TX 78216
Tel. (512) 349-5242
Texas Department of Agriculture
301 West Navarro St.
DeLeon, TX 76444
Tel. (817) 893-2915
Texas Department of Agriculture
400 Lubbock St.
Gorman, TX
Tel. (817) 734-2721
(ii) Handlers should contact the nearest laboratory from the list in
paragraph (c)(5)(i) of this section to arrange to have samples
chemically analyzed for aflatoxin, or for further information concerning
the chemical analyses required pursuant to this part handlers may
contact: Dr. Craig Reed, Director, Commodities Scientific Support
Division, Agricultural Marketing Service, USDA, P.O. Box 96456, Room.
3064-S, Washington, DC 20090-6456, Tel. (202) 447-5231.
(d) Identification. Each lot of shelled or cleaned inshell peanuts
shipped or otherwise disposed of for human consumption shall be
identified by positive lot identification procedures. For the purpose
of this regulation, ''positive lot identification'' of a lot of shelled
or inshell peanuts is a means of relating the inspection certificates to
the lot covered so that there can be no doubt that the peanuts delivered
are the same ones described on the inspection certificate. The crop
year that is shown on the positive lot identification tags, or other
means of positive lot identification, shall accurately describe the crop
year in which the peanuts in the lot were produced. Such procedure on
bagged peanuts shall consist of attaching a lot numbered tag bearing the
official stamp of the Federal or Federal-State Inspection Service to
each filled bags in the lot. The tag shall be sewed (machine sewed if
shalled peanuts) into the closure of the bag except that in plastic bags
the tag shall be inserted prior to sealing so that the official stamp is
visible. Any peanuts moved in bulk or bulk bins shall have their lot
identity maintained by sealing the conveyance and, if in other
containers, by other means acceptable to the Federal or Federal-State
Inspection Service. All lots of shelled or cleaned inshell peanuts
shall be handled, stored, and shipped under positive lot identification
procedures.
(e) Reinspection. Whenever the Division has reason to believe that
peanuts may have been damaged or deteriorated while in storage, the
Division may reject the then effective inspection certificate and may
require the owner of the peanuts to have a reinspection to establish
whether or not such peanuts may be disposed of for human consumption.
(f) Inter-plant transfer. Any handler may transfer peanuts from one
plant owned by the handler to another of the handler's plants or to
commercial storage, without having such peanuts positive lot identified
and certified as meeting quality requirements: Provided, That,
ownership is retained by the handler; Provided further, That, for
handlers located within any one of the specific production areas defined
in 997.12 such transfer may be only to points within the same
production area. Upon any transferred peanuts being disposed of for
human consumption, such peanuts shall meet all the applicable
requirements.
(g) Residuals from seed peanuts. Handlers who receive and custom
shell for seed purposes farmers' stock peanuts (which have not been
inspected and certified as meeting the requirements 997.20), shall hold
and mill peanuts acquired as residuals from such operations separate and
apart from peanuts acquired as Segregation 1 farmers' stock. Likewise,
any such residuals received or acquired from a handler, a handler as
defined in 7 CFR 998.8 or non-handler shall be held and milled separate
and apart in the same manner. Residuals that meet requirements of
997.30(a) may be disposed of by sale to human consumption outlets, to
another handler or a handler as defined in 7 CFR 998.8 and any portion
in positive identified lots not meeting such requirements shall be
handled and disposed of pursuant to the provisions of 997.40 as
hereinafter set forth.
(55 FR 49983, Dec. 4, 1990; 55 FR 51798, Dec. 17, 1990, as amended
at 56 FR 55990, Oct. 31, 1991)
07 CFR 997.40 Reconditioning and disposition of peanuts failing quality
requirements.
(a) Further processing of shelled peanuts failing quality
requirements -- (1) Handlers may remill peanuts (which originated from
Segregation 1 peanuts) that fail to meet the requirements of 997.30(a)
or move positive lot identified shelled peanuts that fail to meet such
requirements to a custom remiller or sell such peanuts to another
handler, or a handler as defined in 7 CFR 998.8, for remilling or
further handling. If after remilling, such peanuts meet the
requirements of 997.30(a), they may be disposed of for human
consumption. If such peanuts still do not meet the requirements of
997.30(a) they may be blanched as provided in paragraph (a)(2) of this
section or disposed of and such disposition reported as provided in
paragrah (b) of this section.
(2) Handlers may blanch or cause to have blanched positive lot
identified shelled peanuts (which originated from Segregation 1 peanuts)
that fail to meet the requirements for human consumption specified in
997.30(a) because of excessive damage, minor defects, moisture, or
foreign material or are positive as to aflatoxin. To be eligible for
disposal into human consumption outlets, such peanuts after blanching,
must meet the specifications for unshelled peanuts, damaged kernels,
minor defects, moisture and foreign material as listed in 997.30(a) and
be accompanied by a negative aflatoxin certificate. If such peanuts do
not meet the requirements of 997.30(a) they shall be disposed of and
such disposition reported as provided in paragraph (b) of this section.
(3) Lots of peanuts moved under the provisions of paragraphs (a)(1)
and (a)(2) of this section must be accompanied by a valid grade
inspection certificate and must be positive lot identified. The title
of peanuts moved for custom remilling or blanching shall be retained by
the handler until the peanuts have been remilled or blanched and
certified by the Federal or Federal-State Inspection Service as meeting
the requirements for disposition to human consumption outlets specified
in 997.30(a). Movement of peanuts which fail to meet the quality
requirements specified in 997.30 for remilling and/or blanching shall
be reported on Form FV-117-4 ''Report of Movement to Blancher or
Remiller -- For Blanching or Custom Remilling'' -- Peanuts Failing
Edible Quality Requirements''.
(4) The residual peanuts resulting from remilling shall be bagged and
red-tagged and disposed of to domestic crushing by the remiller or
returned to the handler for disposition as restricted as provided in
paragraph (b)(3) of this section. The residual peanuts, excluding skins
and hearts, resulting from blanching, shall be bagged and red tagged and
returned to the handler for disposition as provided in paragraph (b)(3)
of this section; or in the alternative, if such residuals are positive
lot identified by a Federal or Federal-State Inspection Service, they
may be disposed of by the blancher to domestic crushing or exported to
countries other than Canada or Mexico, provided they meet fragmented
requirements and are marked ''Non-edible quality''.
(b) Disposition of shelled peanuts failing quality requirements for
human consumption. (1) Handlers may dispose of positive lot identified
shelled peanuts (which originated from Segregation 1 peanuts) which fail
to meet the requirements for human consumption specified in 997.30(a)
and positive identified lots of loose shelled kernels, fall through and
pickouts which have been certified ''negative'' as to aflatoxin content
as unrestricted:
(i) To domestic crushing or to other handlers, or a handler as
defined in 7 CFR 998.8, for crushing or fragmenting and exportation
(such disposition shall be reported on Form FV-117-5 ''Handlers Report
of Dispositions of Non-Edible Quality Shelled Peanuts to Crusher or
Fragmenter or Dyeing Processor'');
(ii) To export to countries other than Canada or Mexico, provided
they meet fragmented requirements (such disposition shall be reported on
Form FV-117-6 ''Handler's Report of Export of Unrestricted Non-Edible
Quality Fragmented Peanuts'');
(iii) To domestic animal feed use as provided in paragraph (b)(2) of
this section or to other handlers, or a handler as defined in 7 CFR
998.8, for such disposition. Fall through that has been sampled and
determined negative as to aflatoxin content may be disposed of for use
as wildlife feed or rodent bait use in containers labeled as such (such
disposition shall be reported on Form FV-117-7 ''Handlers Report of
Disposition of Non-Edible Quality Peanuts for Wild-Life Feed or Rodent
Bait'').
(2) Shelled peanuts which fail to meet requirements for disposition
to human consumption outlets may be disposed of for use as domestic
animal feed: Provided, That each lot of peanuts so disposed of is:
(i) Treated with an appropriate coloring or dyeing solution with a
minimum of 80 percent of the peanuts showing evidence of the dye or
coloring agent;
(ii) Handled and shipped under positive lot identification procedures
(except for bulk loads, red tags shall be used and such tags marked,
''For Animal Feed -- Not for Human Consumption'');
(iii) Covered by a valid ''negative'' aflatoxin certificate; and
(iv) That the handler's bill of lading and invoice covering the
shipment of each such lot include the following statement: ''The
peanuts covered by this bill of lading (or invoice) are for animal feed
only and are not to be used for human consumption.'' Handlers shall
report such disposition on Form FV-117-8 ''Handler's Disposition Report
of Dyed Non-Edible Quality Peanuts to Animal Feed Use (Unrestricted
Peanuts Only)''.
(3) Positive lot identified shelled peanuts failing to meet the
quality requirements for human consumption specified in 997.30(a) due
to testing positive for aflatoxin pursuant to 997.30(c) may be disposed
of for ''restricted'' domestic crushing and reported on Form FV-117-5
''Handlers Report of Dispositions of Non-Edible Quality Shelled Peanuts
to Crusher or Fragmenter or Dyeing Processor''. Such peanuts may also
be exported, as ''restricted'', to countries other than Canada or
Mexico. Prior to exportation, the shelled peanuts shall be certified by
the Federal or Federal-State Inspection Service as meeting the
requirements specified for ''fragmented'' peanuts. The ''in-land'' bill
of lading and invoice covering the export of ''restricted'' peanuts must
include the following statement: ''The peanuts covered by this bill of
lading (or invoice) are limited to crushing only and may contain
aflatoxin. Exportation of such restricted peanuts shall be reported on
Form FV-117-9 ''Handler's Report of Export of Restricted Non-Edible
Quality Fragmented Peanuts''.
(4)(i) Handlers who have acquired Segregation 2 and 3 farmers' stock
peanuts pursuant to 997.20(f) may commingle such peanuts or keep them
separate and apart. The Segregation 3 farmers' stock peanuts or
commingled Segregation 2 and 3 farmers' stock peanuts may be disposed of
to:
(A) Other handlers, or a handler as defined in 7 CFR 998.8, for
shelling, fragmenting, or crushing, as ''restricted''; or
(B) Crushers for crushing as ''restricted''. Handlers may shell such
peanuts, and further disposition of the shelled peanuts shall be as
provided in paragraph (b)(3) of this section.
(ii) Meal produced from the crushing of loose shelled kernels, fall
through, and pickouts, which have not been certified negative as to
aflatoxin content, and meal produced from the crushing of other
''restricted'' categories of peanuts shall be prepared for disposition
in specifically identified lots not exceeding 200,000 pounds. Handlers
or crushers, at their own expense, shall cause each such lot of meal to
be sampled by an inspector of the Federal or Federal-State Inspection
Service and tested for aflatoxin in a laboratory listed in
997.30(c)(5)(i) of this part. The numerical test result of the chemical
assay shall be shown on a certificate covering each lot of meal produced
from ''restricted'' peanuts, and a copy of the certificate shall
accompany each shipment or disposition. However, meal produced from the
crushing of loose shelled kernels, fall through, and pickouts, which
have been certified negative as to aflatoxin content, and meal produced
from the crushing of other categories of peanuts determined by this
section to be eligible for ''unrestricted'' crushing, shall be exempt
from aflatoxin testing requirements.
(iii) Handlers who have acquired Segregation 2 farmers' stock peanuts
pursuant to 997.20(f) and held them separate and apart from Segregation
3 peanuts may commingle the Segregation 2 farmers' stock with
Segregation 1 farmers' stock for disposition to domestic crushing or
export as inedibles. The Segregation 2 farmers' stock peanuts or
commingled Segregation 1 and 2 farmers' stock peanuts may be disposed of
to other handlers, or a handler as defined in 7 CFR 998.8, for shelling,
fragmenting, or crushing or to crushers. Handlers may shell the
Segregation 2 or commingled Segregation 1 and 2 peanuts and dispose of
the shelled peanuts:
(A) To another handler, or a handler as defined in 7 CFR 998.8, for
fragmenting or crushing;
(B) To export as ''unrestricted''; or
(C) To domestic crushing as ''unrestricted''. The meal produced from
such peanuts may be disposed of without restriction. Prior to
exportation, the shelled peanuts shall be certified by the Federal or
Federal-State Inspection Service as meeting the requirements specified
for fragmented peanuts.
(5) Unless otherwise specified, the disposition and reporting
requirements applicable to peanuts failing quality requirements for
human consumption specified in the preceding paragraph (b) of this
section shall also apply to loose shelled kernels, fall through and
pickouts.
(55 FR 49983, Dec. 4, 1990, as amended at 56 FR 55990, Oct. 31, 1991)
07 CFR 997.50 Inspection, chemical analysis, certification and
identification.
Each handler shall, at his own expense, prior to or upon receiving
and before shipping or disposing of peanuts, cause an inspection to be
made of any such peanuts not covered by a valid inspection certificate,
to determine whether they meet the applicable grade requirements
effective pursuant to this part and shall comply with such
identification requirements prescribed by this part or which the
Secretary may prescribe. Each handler shall also cause appropriate
samples to be drawn and chemically analyzed by a USDA laboratory or
laboratory listed in 997.30 for wholesomeness as provided in 997.30 of
this part. Such handler shall obtain grade and aflatoxin certificates
that such peanuts meet the aforementioned applicable requirements and
all such certificates shall be available for examination or use by the
Division. Acceptable certificates shall be those issued by Federal or
Federal-State inspectors authorized or licensed by the Secretary and
USDA laboratories or those listed in 997.30 of this part. Each handler
shall furnish, or cause the inspection service or the laboratory to
furnish to the Division, a copy of the inspection certificate and a copy
of the results of the chemical analyses issued to him on each lot of
shelled peanuts or cleaned inshell peanuts.
07 CFR 997.50 Reports, Books and Records
07 CFR 997.52 Reports of acquisitions and shipments.
Each handler shall report acquisitions of Segregation 1 farmers'
stock peanuts on Form FV-117-10 ''Handlers Monthly Report of
Acquisitions'' and file such other reports of acquisitions and shipments
of peanuts, as prescribed in this part. Upon the request of the
Division, each handler shall furnish such other reports and information
as necessary to enable the Division to carry out the provisions of this
part. All reports and records furnished or submitted by handlers to the
Division which include data or information constituting a trade secret
or disclosing the trade position, financial condition, or business
operations of the particular handler shall not be disclosed unless such
disclosure is determined necessary by the Secretary to enforce the
provisions of this part.
(55 FR 49983, Dec. 4, 1990, as amended at 56 FR 55991, Oct. 31, 1991)
07 CFR 997.53 Verification of reports.
For the purpose of checking and verifying reports filed by handlers
or the operation of handlers under the provisions of this part, the
Secretary, through its duly authorized agents, shall have access to any
premises where peanuts may be held by any handler and at any time during
reasonable business hours and shall be permitted to inspect any peanuts
so held by such handler and any and all records of such handler with
respect to the acquisition, movement, holding, processing or disposition
of all peanuts which may be held or which may have been disposed of by
the handler. Each handler shall maintain such records of peanuts
received, held, and disposed of by the handler, that will substantiate
any required reports and will show performance under this part. Such
records shall be retained for at least two years beyond the crop year of
their applicability.
07 CFR 997.54 Agents.
The Secretary may, by a designation in writing, name any person,
including any officer or employee of the United States Government, or
name any service, division or branch in the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this part.
07 CFR 997.54 PART 998 -- MARKETING AGREEMENT REGULATING THE QUALITY OF
DOMESTICALLY PRODUCED PEANUTS
Sec.
998.1 Secretary.
998.2 Act.
998.3 Person.
998.4 Area.
998.5 Peanuts.
998.6 Producer.
998.7 Handle.
998.8 Handler.
998.9 Crop year.
998.10 Production areas.
998.11 Area association.
998.15 Establishment and membership.
998.16 Eligibility.
998.17 Term of office.
998.18 Initial committee.
998.19 Nomination.
998.20 Selection.
998.21 Failure to nominate.
998.22 Qualify by acceptance.
998.23 Alternate members.
998.24 Vacancies.
998.25 Compensation and expenses.
998.26 Procedure.
998.27 Powers.
998.28 Duties.
998.30 Marketing policy.
998.31 Incoming regulation.
998.32 Outgoing regulation.
998.33 Inspection, certification and identification.
998.34 Modification.
998.35 Above parity situations.
998.36 Indemnification.
998.40 Confidential information.
998.41 Reports of acquisitions and shipments.
998.42 Other reports.
998.43 Records.
998.44 Verification of reports.
998.47 Expenses.
998.48 Assessments.
998.50 Rights of the Secretary.
998.51 Personal liability.
998.52 Separability.
998.53 Derogation.
998.54 Duration of immunities.
998.55 Agents.
998.56 Effective time.
998.57 Suspension or termination.
998.58 Procedure upon termination.
998.59 Effect of termination or amendment.
998.60 Counterparts.
998.61 Additional parties.
998.100 Incoming quality regulation -- 1991 crop peanuts.
998.200 Outgoing quality regulation -- 1991 crop peanuts.
998.300 Terms and conditions of indemnification -- 1991 crop peanuts.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
Source: 53 FR 20291, June 3, 1988, unless otherwise noted.
07 CFR 997.54 Definitions
07 CFR 998.1 Secretary.
Secretary means the Secretary of Agriculture of the United States or
any officer or employee of the United States Department of Agriculture
who is, or who may hereafter be, authorized to act in his stead.
07 CFR 998.2 Act.
Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended
and as re-enacted and amended by the Agricultural Marketing Agreement
Act of 1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et
seq.).
07 CFR 998.3 Person.
Person means an individual, partnership, corporation, association, or
any other business unit.
07 CFR 998.4 Area.
Area means all States with commercial production of peanuts and
includes the States of Virginia, North Carolina, South Carolina,
Georgia, Florida, Alabama, Mississippi, Arkansas, Tennessee, Missouri,
Louisiana, Oklahoma, Texas, New Mexico, Arizona, and California.
07 CFR 998.5 Peanuts.
Peanuts means the seeds of the legume arachis hypogaea and includes
both inshell and shelled other than those marketed by the producer in
green form for consumption as boiled peanuts.
(a) Farmers Stock. Farmers stock peanuts means picked and threshed
peanuts which have not been shelled, crushed, cleaned, or otherwise
changed (except for removal of foreign material, loose shelled kernels
and excess moisture) from the form in which customarily marketed by
producers.
(b) Segregation 1. Segregation 1 peanuts means farmers stock peanuts
with not more than 2 percent damaged kernels nor more than 1.00 percent
concealed damage caused by rancidity, mold or decay.
(c) Segregation 2. Segregation 2 peanuts means farmers stock peanuts
with more than 2 percent but not more than 4 percent damaged kernels nor
more than 1.00 percent concealed damage caused by rancidity, mold or
decay.
(d) Segregation 3. Segregation 3 peanuts means farmers stock peanuts
with more than 4 percent damaged kernels or more than 1.00 percent
concealed damage caused by rancidity, mold or decay.
(e) The definitions set forth in paragraphs (b), (c), and (d) of this
section may be modified by the Secretary pursuant to 998.34.
07 CFR 998.6 Producer.
Producer means any person engaged within the area in a proprietary
capacity in the production of peanuts for sale.
07 CFR 998.7 Handle.
Handle means to engage in the receiving or acquiring, cleaning and
shelling, cleaning inshell, or crushing of peanuts and in the shipment
(except as a common or contract carrier of peanuts owned by another) or
sale of cleaned inshell or shelled peanuts or other activity causing
peanuts to enter the current of commerce: Provided, That this term does
not include sales or deliveries of peanuts by a producer to a handler or
to an intermediary person engaged in delivering peanuts to handler(s)
and Provided further, That this term does not include sales or
deliveries of peanuts by such intermediary person(s) to a handler.
07 CFR 998.8 Handler.
Handler means any person who handles peanuts, in a capacity other
than that of a custom cleaner or dryer, an assembler, a warehouseman or
other intermediary between the producer and the person handling, and who
is a party to this agreement.
07 CFR 998.9 Crop year.
Crop year is synonymous with fiscal year and means the 12-month
period beginning with July 1 of any year and ending with June 30 of the
following year.
07 CFR 998.10 Production areas.
Production areas mean (a) The Southeastern Area consisting of the
States of Alabama, Florida, Georgia, Mississippi, and that part of South
Carolina south and west of the Santee-Congaree-Broad Rivers.
(b) The Southwestern Area consisting of the States of Arizona,
Arkansas, California, Louisiana, New Mexico, Oklahoma, and Texas.
(c) The Virginia-Carolina Area consisting of the States of Missouri,
North Carolina, Tennessee, Virginia, and that part of South Carolina
north and east of the Santee-Congaree-Broad Rivers.
07 CFR 998.11 Area association.
Area association means for the Southeastern area, GFA Peanut
Association, Camilla, Georgia; Southwestern area, Southwestern Peanut
Growers Association, Gorman, Texas; and Virginia-Carolina area, Peanut
Growers Cooperative Marketing Association, Franklin, Virginia.
07 CFR 998.11 Peanut Administrative Committee
07 CFR 998.15 Establishment and membership.
A Peanut Administrative Committee (hereinafter referred to as
committee) is hereby established to administer the terms and provisions
of this agreement. Such committee shall consist of 18 members of whom 9
shall represent producers and 9 shall represent handlers. The producer
representation shall be 3 for the Southeastern area, 3 for the
Southwestern area, and 3 for the Virginia-Carolina area of which one of
the 3 in each production area shall represent the respective area
association. The handler representation shall also be 3 for each of the
designated areas. For each member there shall be an alternate member.
07 CFR 998.16 Eligibility.
Each producer member of the committee and alternate member, shall be,
at the time of his selection and during his term of office, a producer,
or an officer or employee of an area association, in the area for which
selected and shall cease to be a member or alternate upon engaging in
the handling of peanuts either in a proprietary capacity or as a
director, officer, or employee of other than a cooperative association.
Each handler member of the committee, and his alternate, shall be, at
the time of his selection, a handler or an officer or employee of a
handler in the area for which selected and shall throughout his term of
office so continue to be a handler.
07 CFR 998.17 Term of office.
Members and alternate members of the committee shall serve for terms
of 3 years ending on April 30 but initial members and alternates shall
be selected for terms of 1, 2, or 3 years so that one-third of the
producer and handler representatives in each area may be replaced each
year. Each member and alternate member shall continue to serve until
his successor is selected and has qualified.
07 CFR 998.18 Initial committee.
The initial members of the committee and their respective alternates
shall be as follows:
Southeastern area:
Southwestern area:
Virginia-Carolina area:
07 CFR 998.19 Nomination.
Producers and handlers may nominate their successor representatives
to those named in 998.18 at meetings held in each area except that each
area association representative shall be nominated by the association.
The committee shall hold and shall give reasonable publicity to
nomination meetings and may use the respective area associations to
convene meetings of the producers. Only persons eligible to serve shall
be eligible to vote. Each producer and each handler shall have but one
vote, but a handler may vote in each production area in which he is a
handler and if engaged in peanut production, may vote in his capacity as
a producer. The person receiving the largest number of the votes cast
for a position shall be the nominee. All nominations shall be certified
by the committee to the Secretary no later than April 5 preceding the
commencement of the term of office.
07 CFR 998.20 Selection.
The Secretary shall select successor producer and handler members and
alternate members of the committee in the numbers and with the
qualifications specified in this agreement. Such selections may be made
from the nominations certified by the committee or from other eligible
producers and handlers.
07 CFR 998.21 Failure to nominate.
In the event a nominee for any member or alternate member position is
not certified pursuant to and within the time specified, the Secretary
may select an eligible person to fill such position without regard to
nomination.
07 CFR 998.22 Qualify by acceptance.
Each person selected by the Secretary as a member or as an alternate
member shall, prior to serving, qualify by filing with the Secretary a
written acceptance as soon as practicable after being notified of such
selection.
07 CFR 998.23 Alternate members.
An alternate for a member shall act in the place and stead of such
member:
(a) During his absence, or
(b) In the event of his removal, resignation, disqualification, or
death,
until a successor for such member's unexpired term has been selected
and has qualified.
07 CFR 998.24 Vacancies.
Any vacancy occasioned by the removal, resignation, disqualification,
or death of any member or alternate, or any need to select a successor
through failure of any person selected as a member or alternate member
to qualify, and which is not recognized by the committee certifying to
the Secretary a new nominee within 40 calendar days, may be filled
pursuant to 998.21.
07 CFR 998.25 Compensation and expenses.
The members of the committee, and the alternate members when acting
as members, shall serve without compensation but shall be allowed their
necessary expenses, actual or per diem as approved by the committee.
07 CFR 998.26 Procedure.
All decisions of the committee reached at an assembled meeting shall
be by majority vote of the members present except that a change of a
quality regulation shall require approval of 75 percent of the members.
Meetings, or portions of meetings, concerned with marketing policy or
quality regulation shall be open to all members of the peanut industry.
All votes in an assembled meeting shall be cast in person and a quorum
must be present for a valid decision. A quorum shall consist of not
less than 50 percent of the producer members and 50 percent of the
handler members. The committee may vote by mail or telegram upon due
notice to all members, but any proposition so voted upon first shall be
explained accurately, fully, and identically by mail or telegram, to all
such members. When any proposition is submitted to be voted on by such
method, one dissenting vote shall prevent its adoption. Failure of any
member, or alternate acting for a member, to vote within a prescribed
time shall be held to be a dissenting vote.
07 CFR 998.27 Powers.
The committee shall have the following powers:
(a) To administer the agreement in accordance with its terms and
provisions;
(b) To receive, investigate, and report to the Secretary, complaints
of violations of this agreement; and
(c) To recommend to the Secretary amendments to this agreement.
07 CFR 998.28 Duties.
The committee shall have the following duties:
(a) To act as intermediary between the Secretary and any producer or
handler;
(b) To keep minutes, books, and other records which shall clearly
reflect all of its acts and transactions and these shall be subject to
examination by the Secretary at any time;
(c) To investigate and assemble data on the production, handling, and
marketing of peanuts;
(d) To submit to the Secretary such available information with
respect to peanuts as he may request and such other information as the
committee may deem desirable and pertinent;
(e) To select from among its members a chairman and other officers
and to adopt such by-laws for the conduct of its business as it may deem
advisable;
(f) To appoint or employ such persons as it may deem necessary and to
determine the salaries and define the duties of each such person;
(g) To cause the books of the committee to be audited by a certified
public accountant at least once each crop year and at such other times
as the committee may deem necessary or as the Secretary may request, to
submit two copies of each such audit report to the Secretary, and to
make available a copy which does not contain confidential data for
inspection at the offices of the committee by producers and handlers;
(h) To prepare and submit to the Secretary quarterly statements of
the financial operations of the committee and to make such statements
together with the minutes of the meetings of said committee available
for inspection at the offices of the committee by producers and
handlers;
(i) To give the Secretary the same notice of meetings of the
committee as is given to members;
(j) To investigate compliance with and to use means available to the
committee to prevent violation of the provisions of this agreement; and
(k) To establish with the approval of the Secretary such rules and
regulations as are necessary or incidental to administration of this
agreement, as are consistent with its provisions, and as would tend to
accomplish the purposes of this agreement and the act.
07 CFR 998.28 Marketing Policy
07 CFR 998.30 Marketing policy.
Prior to May 31, the committee shall prepare and submit to the
Secretary a report setting forth its recommended marketing policy
covering quality regulations for the pending crop. In the event it
becomes advisable to modify such policy, because of changed conditions,
the committee shall formulate a new policy and shall submit a report
thereon to the Secretary. In developing the marketing policy, the
committee shall give consideration to the production, harvesting and
storage conditions, probable quality of crop, grading and treatment
methods, inspection capability, demand for peanuts in domestic and
foreign markets, the basis of handler indemnification, the probable
assessable tonnage for the purposes of 48 and such other factors as may
have a bearing on the peanut quality regulation or the administration of
this agreement. Notice of the committee's marketing policy, and of any
modifications thereof, shall be given promptly by reasonable publicity,
to producers and handlers.
07 CFR 998.30 Quality Regulation
07 CFR 998.31 Incoming regulation.
No handler shall receive or acquire peanuts, either from a producer
or other person, unless such peanuts were determined pursuant to 998.33
to be Segregation 1 peanuts at time of receipt from the producer or, if
received from another person, had not been mixed with peanuts of a lower
quality than Segregation 1: Provided, That a handler may.
(a) Receive or acquire and deliver for seed purposes farmers stock
peanuts with not more than 3 percent damaged kernels nor more than 10
percent moisture if such peanuts were produced under the auspices of a
State agency which regulates or controls the production of seed peanuts;
(b) Acquire shelled peanuts from the Commodity Credit Corporation
(CCC) or cleaned inshell or shelled peanuts from handlers subject to
this agreement, or from buyers who have purchased such peanuts from such
handlers or from CCC, if the lot has been certified as meeting the
requirements of 998.32(a) and the identity is maintained;
(c) Perform services for an area association pursuant to a peanut
receiving and warehouse contract; and
(d) If a crusher, acquire peanuts of a lower quality than Segregation
1 as oil stock upon such conditions as the committee, with the approval
of the Secretary, may prescribe.
Segregation 2 peanuts which are wholesome relative to mold damage may
be acquired from peanuts held by CCC or an area association when
released by the Secretary as needed to fill demand. In the situation of
998.35, the Secretary may authorize handlers to acquire Segregation 2
peanuts from producers or intermediaries. The acquisition of loose
shelled kernels or their removal from farmers stock peanuts shall be in
accordance with such procedures as the committee, with the approval of
the Secretary, may establish.
07 CFR 998.32 Outgoing regulation.
(a) No handler shall dispose of for human consumption, peanuts which
fail to meet such U.S. grade requirements, or modifications thereof, or
requirements as to wholesomeness as the committee, with the approval of
the Secretary, may specify including the tolerance for moldy peanuts,
time in storage, or other pertinent factors. No inspection certificate
issued pursuant to 998.33 shall be effective if unacceptable to the
committee or for more than such period of time as the committee, with
the approval of the Secretary, may prescribe. Peanuts which fail to
meet the requirements specified pursuant to this section shall be
disposed of by delivery to the Commodity Credit Corporation or in such
manner as may be prescribed by the committee with the approval of the
Secretary.
(b) Notwithstanding the restrictions contained in this section, and
handler may transfer peanuts from one plant owned by him to another
plant owned by him or to commercial storage without having an inspection
made as provided for in 998.33. No such transfers shall be made except
in accordance with such procedures as the committee, with the approval
of the Secretary, may prescribe for movement within each production
area, to another production area or to points outside thereof.
07 CFR 998.33 Inspection, certification and identification.
Each handler shall, at his own expense, prior to or upon receiving
and before shipping or disposing of peanuts, cause an inspection to be
made of any such peanuts not covered by a valid inspection certificate,
to determine whether they meet the applicable grade requirements
effective pursuant to this agreement and shall comply with such
identification requirements as the committee, with the approval of the
Secretary, may prescribe. Such handler shall obtain a certificate that
such peanuts meet the aforementioned applicable requirements and all
such certificates shall be available for examination or use by the
committee. Acceptable certificates shall be those issued by Federal or
Federal-State inspectors authorized or licensed by the Secretary.
07 CFR 998.34 Modification.
The requirements of 998.31 and 998.32 and definitions set forth in
998.5, (b), (c), and (d) may be modified by the Secretary, upon
recommendation of the committee or other information, whenever he finds
that such modification would tend to effectuate the objectives of this
agreement.
07 CFR 998.35 Above parity situations.
Minimum standards established under 998.31 and 998.32, the grading
and inspection requirements, and the provisions of this agreement
relating to administration and indemnification shall continue in effect
irrespective of whether or not the estimated season average price for
peanuts is in excess of the parity level specified in section 2(1) of
the Act.
07 CFR 998.36 Indemnification.
The committee shall, upon such terms and conditions as it may
establish with the approval of the Secertary, indemnify any handler, to
the extent specified, for losses incurred by him on peanuts which have
been milled for sale for human consumption and which meet the applicable
grade and other requirements but which are determined by the committee
or the U.S. Food and Drug Administration to be unsuitable for human
consumption because of aflatoxin including such peanuts returned, resold
or rejected to a handler by a purchaser. Any peanuts for which the
handler is indemnified pursuant to this paragraph shall be delivered to
the committee or disposed of as the committee may direct. Funds for
such indemnification shall be obtained pursuant to 998.48. The period
of indemnification on any crop may extend to December 31 of the calendar
year following the year in which the crop was produced.
(53 FR 20294, June 3, 1988; 54 FR 227, Jan. 4, 1989)
07 CFR 998.36 Reports, Books and Records
07 CFR 998.40 Confidential information.
All reports and records furnished or submitted by handlers to the
committee which include data or information constituting a trade secret
or disclosing the trade position, financial condition, or business
operations of the particular handlers or their customers shall be
received by, and at all times kept in the custody and under the control
of, one or more employees of the committee, who shall disclose such
information to no person except the Secretary. Nothwithstanding the
above provisions of this section, information may be disclosed to the
committee when reasonably necessary to enable the committee to carry out
its functions under this agreement.
07 CFR 998.41 Reports of acquisitions and shipments.
Each handler shall file such reports of his acquisitions and
shipments of peanuts, as may be requested by the committee.
07 CFR 998.42 Other reports.
Upon the request of the committee, with the approval of the
Secretary, each handler shall furnish such other reports and information
as are needed to enable the committee to perform its functions under
this agreement.
07 CFR 998.43 Records.
Each handler shall maintain such records of peanuts received, held
and disposed of by him, as will substantiate any required reports and
will show performance under this agreement. Such records shall be
retained for at least 2 years beyond the crop year of their
applicability.
07 CFR 998.44 Verification of reports.
For the purpose of checking and verifying reports filed by handlers
or the operation of handlers under the provisions of this agreement, the
Secretary and the committee, through its duly authorized agents, shall
have access to any premises where peanuts may be held by any handler and
at any time during reasonable business hours, shall be permitted to
inspect any peanuts so held by such handler and any and all records of
such handler with respect to the acquisition, holding, or disposition of
all peanuts which may be held or which may have been disposed of by him.
07 CFR 998.44 Expenses and Assessments
07 CFR 998.47 Expenses.
The committee is authorized to incur such expenses as the Secretary
finds are reasonable and likely to be incurred by it during each crop
year for the maintenance and functioning of the committee and for such
other purposes as the Secretary may, pursuant to the provisions of this
agreement, determine to be appropriate.
07 CFR 998.48 Assessments.
(a) Each handler shall pay to the committee, upon demand, with
respect to peanuts received by him, including his own production, his
pro rata share of all expenses, indemnification and other, which the
Secretary finds are reasonable and likely to be incurred by the
committee during each crop year. Each handler's pro rata share shall be
the rate of assessment fixed by the Secretary per net ton of farmers
stock peanuts received or acquired other than those peanuts described in
998.31 (c) and (d). During a crop year the Secretary may not increase
the rate of assessment to cover a deficit in the indemnification fund
but may assess for a deficit in a subsequent year. An assessment rate
may be increased to cover a deficit in the administrative fund.
(b) In order to provide funds to carry out the functions of the
committee, the committee may borrow money or may accept advance payments
from any handler to be credited toward such assessments as may be levied
pursuant to this section against the respective handler.
(c) Indemnification reserve. The committee, with the approval of the
Secretary, may establish and maintain during one or more crop years a
monetary reserve in an amount approximating anticipated expenses for
indemnification pursuant to 998.36.
(d) Refunds. Administrative funds held by the committee at the
conclusion of the crop year in excess of the crop year's expenses, other
than indemnification funds, may be used to defray expenses for no more
than the ensuing four months, and thereafter within a reasonable time
the committee shall credit the aforesaid administrative excess to
handlers who contributed to such excess: Provided, That the excess due
any handler shall be applied, in whole or in part, by the committee to
any outstanding obligation due the committee from such handler. Should
any handler discontinue handling peanuts, such excess shall be refunded
to him. A handler's share of such excess funds shall be the amount of
such assessments he paid in excess of his actual pro rata share of the
administrative expenses of the committee. Upon termination of this
agreement any indemnification money in possession of the committee shall
be turned over to any successor committee or disposed of, with the
approval of the Secretary, for projects of benefit to the peanut
industry and any residual together with any administrative money shall
be distributed in such manner as the Secretary may direct: Provided,
That, to the extent practicable, such residual funds shall be returned
pro rata to the persons from whom collected.
07 CFR 998.48 Miscellaneous Provisions
07 CFR 998.50 Rights of the Secretary.
The members of the committee (including successors or alternates) and
any agent or employee appointed or employed by the committee, shall be
subject to removal or suspension by the Secretary, in his discretion, at
any time. Each and every decision, determination, or other act of the
committee shall be subject to the continuing right of the Secretary to
disapprove of the same at any time, and upon such disapproval, shall be
deemed null and void.
07 CFR 998.51 Personal liability.
No member or alternate member of the committee, nor any employee,
representative, or agent of the committee shall be held personally
responsible to any handler, either individually, or jointly with others,
in any way whatsoever, to any person, for errors in judgment, mistakes,
or other acts, either of commission or omission, as such member,
alternate member, employee, representative, or agent, except for acts of
dishonesty.
07 CFR 998.52 Separability.
If any provision of this agreement is declared invalid, or the
applicability thereof to any person, circumstance, or thing is held
invalid, the validity of the remainder, or the applicability thereof to
any other person, circumstance, or thing, shall not be affected thereby.
07 CFR 998.53 Derogation.
Nothing contained in this agreement is, or shall be construed to be,
in derogation or in modification of the rights of the Secretary or of
the United States to exercise any powers granted by the act or
otherwise, or, in accordance with such powers, to act in the premises
whenever such action is deemed advisable.
07 CFR 998.54 Duration of immunities.
The benefits, privileges, and immunities conferred upon any person by
virtue of this agreement shall cease upon its termination, except with
respect to acts done under and during the existence thereof.
07 CFR 998.55 Agents.
The Secretary may, by a designation in writing, name any person,
including any officer or employee of the United States Government, or
name any service, division or branch in the United States Department of
Agriculture, to act as his agent or representative in connection with
any of the provisions of this agreement.
07 CFR 998.56 Effective time.
The provisions of this agreement, as well as any amendments, shall
become effective at such time as the Secretary may declare, and shall
continue in force until terminated or suspended in one of the ways
specified in 998.57.
07 CFR 998.57 Suspension or termination.
(a) Failure to effectuate policy of act. The Secretary shall
terminate or suspend the operation of any or all of the provisions of
this agreement, whenever he finds that such provisions do not tend to
effectuate the declared policy of the act. Moreover, if the provisions
of the CCC price support program relating to purchases from shellers are
discontinued, or change appreciably, consideration shall be given to
termination of this agreement.
(b) Referendum. The Secretary shall terminate, in accordance with
section 8c(16)(B) of the Act, the provisions of this agreement at the
end of any crop year whenever he finds that such termination is favored
by a majority of the producers of peanuts who during the crop year have
been engaged in the oduction of peanuts for market: Provided, That such
majority have during such period produced for market more than 50
percent of the volume of such peanuts produced for market within the
area, but such termination shall be effective only if announced on or
before June 1 of the then current crop year.
(c) Termination of Act. The provisions of this agreement shall
terminate, in any event, whenever the provisions of the act authorizing
them cease to be in effect.
07 CFR 998.58 Procedure upon termination.
Upon the termination of this agreement, the members of the committee
then functioning shall continue as joint trustees, for the purpose of
liquidating the affairs of the committee. Action by such trustees shall
require the concurrence of a majority of said trustees. Such trustees
shall continue in such capacity until discharged by the Secretary, and
shall account for all receipts and disbursements and deliver all
property on hand, together with all books and records of the committee
and the joint trustees, to such persons as the Secretary may direct;
and shall upon the request of the Secretary, execute such assignments or
other instruments necessary or appropriate to vest in such person full
title and right to all the funds, properties, and claims vested in the
committee or the joint trustees, pursuant to this agreement. Any person
to whom funds, property, or claims have been transferred or delivered by
the committee or the joint trustees, pursuant to this section, shall be
subject to the same obligations imposed upon the members of said
committee and upon said joint trustees.
07 CFR 998.59 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the termination
of this agreement or of any regulation issued pursuant thereto, or the
issuance of any amendment to either thereof, shall not:
(a) Affect or waive any right, duty, obligation, or liability which
shall have arisen or which may thereafter arise, in connection with any
provisions of this agreement or any regulation issued thereunder, or
(b) Release or extinguish any violation of this agreement or any
regulation issued thereunder, or
(c) Affect or impair any rights or remedies of the Secretary, or of
any other persons, with respect to such violation.
07 CFR 998.60 Counterparts.
This agreement may be executed in multiple counterparts and, when one
counterpart is signed by the Secretary, all such counterparts shall
constitute, when taken together, one and the same instrument as if all
signatures were contained in one original.
07 CFR 998.61 Additional parties.
After the effective date of this agreement, any handler may become a
party hereto if a counterpart is executed by him and delivered to the
Secretary. This agreement shall take effect as to such new contracting
party at the time such counterpart is delivered to the Secretary and
such party has complied with assessment obligations and the quality
regulations applicable to the current crop. The benefits, privileges,
and immunities conferred by this agreement shall then be effective as to
such new contracting part.
07 CFR 998.61 Implementing Regulations
07 CFR 998.100 Incoming quality regulation -- 1991 crop peanuts.
The following modify 998.5 of the peanut marketing agreement and
modify or are in addition to the restrictions of section 31 on handler
receipts or acquisitions of peanuts:
(a) Modification of 998.5, paragraphs (b), (c), and (d). Paragraphs
(b), (c), and (d) of 998.5 of the peanut marketing agreement are
modified for the purposes of this section as to farmers' stock peanuts
to read respectively as follows:
(b) Segregation 1. Segregation 1 peanuts means farmers' stock
peanuts with not more than 2 percent damaged kernels nor more than 1.00
percent concealed damage caused by rancidity, mold, or decay and which
are free from visible Aspergillus flavus.
(c) Segregation 2. Segregation 2 peanuts means farmers' stock
peanuts with more than 2 percent damaged kernels or more than 1.00
percent concealed damage caused by rancidity, mold, or decay and which
are free from visible Aspergillus flavus.
(d) Segregation 3. Segregation 3 peanuts means farmers' stock
peanuts with visible Aspergillus flavus.
(b) Moisture and foreign material.
(1) Moisture. Except as provided under paragraph (e), Seed Peanuts,
no handler shall receive or acquire peanuts containing more than 10.49
percent moisture: Provided, That peanuts of a higher moisture content
may be received and dried to not more than 10.49 percent moisture prior
to storing or milling. On farmer's stock, such moisture determinations
shall be rounded to the nearest whole number; or shelled peanuts, the
determinations shall be carried to the hundredths place and shall not be
rounded to the nearest whole number.
(2) Foreign material. No handler shall receive or acquire farmers'
stock peanuts containing more than 10.49 percent foreign material,
except that peanuts having a higher foreign material content may be
received or acquired if they are held separately until milled, or moved
over a sand-screen before storage, or shipped directly to a plant for
prompt shelling. The term sand-screen means any type of farmers' stock
cleaner which, when in use, removes sand and dirt.
(c) Damage. For the purpose of determining damage, other than
concealed damage, on farmers' stock peanuts, all percentage
determinations shall be rounded to the nearest whole number.
(d) Loose shelled kernels. (1) No handler shall receive or acquire
farmers' stock peanuts containing more than 14.49 percent lose shelled
kernels, except that peanuts having a higher loose shelled kernel
content may be received or acquired if they are held separately until
milled or shipped directly to a plant for prompt shelling. All
percentage determinations shall be rounded to the nearest whole number.
Handlers may separate from the loose shelled kernels received with
farmers' stock peanuts those sizes of kernels which ride screens with
the following or larger slot openings: Runner -- 16/64 x 3/4 inch;
Spanish and Valencia -- 15/64 x 3/4 inch; Virginia -- 15/64 x 1 inch.
If so separated, those loose shelled kernels which ride the screens may
be included with shelled peanuts prepared by the handler for inspection
and sale for human consumption: Provided, That no more than 5 percent
of such loose shelled kernels are kernels which would fall through
screens with such minimum prescribed openings. Those loose shelled
kernels which do not ride the screens shall be removed from the farmers'
stock peanuts and shall be held separate and apart from other peanuts
and disposed of for inedible use as provided in paragraph (g) of the
outgoing quality regulation. If the kernels which ride the prescribed
screens are not separated from the kernels which do not ride the
prescribed screens, the entire amount of loose shelled kernels shall be
removed from farmers' stock peanuts and shall be so held and so
delivered or disposed of. For the purpose of this regulation, the term
loose shelled kernels means peanut kernels or portions of kernels
completely free of their hulls and found in deliveries of farmers' stock
peanuts.
(2) Each handler shall be required to submit to the Committee a flow
chart for each plant operation diagramming the procedures and equipment
used in the removal of loose shelled kernels and in the processing of
splits. Upon any subsequent changes in flow, procedures, or equipment,
the handler shall submit to the Committee a revised flow chart
reflecting those changes.
(e) Seed peanuts. A handler may acquire and deliver for seed
purposes farmers' stock peanuts which meet the requirements of
Segregation 1 peanuts. If the seed peanuts are produced under the
auspices of a State agency which regulates or controls the production of
seed peanuts, they may contain up to 3 percent damaged kernels and have
visible Aspergillus flavus, and, in addition, the following moisture
content, as applicable:
(1) For such seed peanuts produced in the Southeastern and
Virginia-Carolina areas, they may contain up to 10.49 percent moisture
except Virginia type peanuts which are not stacked at harvest time may
contain up to 11.49 percent moisture; and
(2) For seed peanuts produced in the Southwestern area, they may
contain up to 10.49 percent moisture.
However, any such seed peanuts with visible Aspergillus flavus shall
be stored and shelled separate from other peanuts, and any residual not
used for seed shall not be used or disposed of for human consumption
unless it is determined to be wholesome by chemical assay for aflatoxin.
A handler whose operations include custom seed shelling may receive,
custom shell, and deliver for seed purposes farmers' stock peanuts, and
such peanuts shall be exempt from the Incoming Quality Regulation
requirements and, therefore, shall not be required to be inspected and
certified as meeting the Incoming Quality Regulation requirements, and
the handler shall report to the Committee as requested the weight of
each lot of farmers' stock peanuts received on such basis on a form
furnished by the Committee. However, handlers who acquire seed peanut
residuals from their custom shelling of uninspected (farmers' stock)
seed peanuts or from another sheller or producer who has or has not
signed the marketing agreement shall hold and/or mill such residuals
separate and apart from other receipts or acquisitions of the handler,
and such residuals which meet Outgoing Quality Regulation requirements
may be disposed of by sale to human consumption outlets, and any portion
not meeting such requirements shall be disposed of by sale as peanuts
failing to meet human consumption requirements pursuant to paragraph (i)
of the Outgoing Quality Regulation ( 998.200).
(f) Oilstock. Handlers may acquire for disposition to domestic
crushing or export to countries other than Canada and Mexico farmers'
stock peanuts of a lower quality than Segregation 1 or grades or sizes
of shelled peanuts or cleaned inshell peanuts which fail to meet the
requirements for human consumption. The provision of 998.31 of the
marketing agreement restricting acquisitions of such peanuts to handlers
who are crushers is hereby modified to authorize all handlers to act as
accumulators and acquire, from other handlers or non-handlers,
Segregation 2 or 3 farmers' stock peanuts. Handlers may also acquire
from other handlers shelled or fragmented peanuts originating from
Segregation 2 or 3 farmers' stock or the entire mill production of
shelled or fragmented peanuts from Segregation 1 farmers' stock or lots
of shelled peanuts originating from Segregation 1 peanuts and which have
been positive lot identified as specified in paragraph (d) of the
Outgoing Quality Regulation ( 998.200) which failed to meet the
requirements for human consumption pursuant to paragraph (a) of the
Outgoing Quality Regulation ( 998.200): Provided, That all such
acquisitions are held separate from Segregation 1 peanuts acquired for
milling or from edible grades of shelled or milled peanuts. Handlers
may commingle the Segregation 2 and 3 peanuts or keep them separate and
apart as provided in paragraph (j) of the Outgoing Quality Regulation (
998.200). Further disposition or commingling of such peanuts shall be
only as provided in paragraph (l) of the Outgoing Quality Regulation. (
998.200). Handlers who acquire farmers' stock peanuts of a lower quality
than Segregation 1 or grades or sizes of shelled peanuts or cleaned
inshell peanuts which fail to meet the requirements for human
consumption shall report such acquisitions as prescribed by the
Committee. To be eligible to receive or acquire Segregation 2 or 3
farmers' stock peanuts and shelled or ''fragmented'' peanuts originating
therefrom, a handler shall pay to the Area Association a fee for the
purpose of covering cost of supervision of the disposition of such
peanuts.
(g) Segregation 2 and 3 control. To assure the removal from edible
outlets of any lot of peanuts determined by Federal or Federal-State
Inspection Service to be Segregation 2 or Segregation 3, each handler
shall inform each employee, country buyer, commission buyer, or like
person through whom the handler receives peanuts of the need to receive
and withhold all lots of Segregation 2 and Segregation 3 peanuts from
milling for edible use. If any lot of Segregation 2 or Segregation 3
farmers' stock peanuts is not withheld but returned to the producer, the
handler shall cause the Inspection Service to forward immediately a copy
of the inspection certificate on the lot to the designated office of the
handler and a copy to the Committee which shall be used only for
information purposes.
(h) Farmers' stock storage and handling facilities. Handlers shall
report to the Committee, on a form furnished by the Committee, all
storage facilities or contract storage facilities which they will use to
store acquisitions of current crop Segregation 1 farmers' stock peanuts,
and all such storage facilities must be reported prior to storing of any
such handler acquisitions. Handlers shall also report to the Committee
the locations at which they will receive or acquire current crop
farmers' stock peanuts. All such storage facilities shall have
reasonable and safe access to allow for inspection of the facility and
its contents. All such storage facilities must be of sound
construction, in good repair, and built and equipped so as to provide
suitable storage and sufficient safeguards to prevent moisture
condensation and provide adequate protection for farmers' stock peanuts.
All breaks or openings in the walls, floors, or roofs of the facilities
shall have been repaired so as to keep out moisture. Elevator pits and
wells must be kept dry and free of moisture at all times. Insect
control procedures must be carried out in such a manner as to prevent
undesirable moisture in the storage facilities. Any conditions in
warehouses, elevators, pits, transportation equipment, including trucks
and hopper cars, and other farmers' stock handling equipment conducive
to the growth or spread of Aspergillus flavus mold shall be corrected to
the satisfaction of the Committee. The Committee may make periodic
inspections of farmers' stock storage and handling facilities and
farmers' stock peanuts stored in such facilities to determine if
handlers are adhering to these requirements.
(i) Shelled peanuts. Handlers may acquire from other handlers, for
remilling and subsequent disposition to human consumption outlets,
shelled peanuts (which originated from ''Segregation 1 peanuts'') that
fail to meet the requirements specified for human consumption in
paragraph (a) of the Outgoing Quality Regulation ( 998.200). Any lot of
such peanuts must be accompanied by a valid inspection certificate for
grade factors and must be positive lot identified. Transactions made in
this manner shall be reported to the Committee by both the buyer and
seller on a form provided by the Committee. Peanuts acquired pursuant
to this paragraph shall be held and milled separate and apart from other
receipts or acquisitions of the receiving handler, and further
disposition shall be regulated by paragraph (h)(1) of the Outgoing
Quality Regulation ( 998.200).
(j) Inedible quality shelled peanuts for disposition to animal feed.
Handlers may receive or acquire from other handlers, for further milling
and/or processing and subsequent disposition for use as domestic animal
feed, shelled peanuts that fail to meet the requirements specified for
human consumption in paragraph (a) of the Outgoing Quality Regulation (
998.200). Any lot of such peanuts received or acquired for such further
disposition shall be positive lot identified and covered by a valid
grade inspection certificate issued by a Federal or Federal-State
Inspector. Transactions made in this manner shall be reported to the
Committee by both the buyer and seller on a form provided by the
Committee. Peanuts received ed and covered by a valid grade inspection
certificate issued by a Federal or Federal-Statd apart from peanuts
destined to human consumption outlets and further disposition shall be
regulated as provided for in paragraph (m)(2) of the Outgoing Quality
Reor acquired pursuant to this paragraph shall be held, milled, and/or
processed separate and apart from peanuts destined to human consumption
outlets and further disposition shall be regulated as provided for in
paragraph (m)(2) of the Outgoing Quality Regulation ( 998.200).
(53 FR 20291, June 3, 1988, as amended at 53 FR 26757, July 15, 1988;
54 FR 25441, June 15, 1989, and 54 FR 37297, Sept. 8, 1989; 55 FR
30902, July 30, 1990; 55 FR 34511, Aug. 23, 1990)
07 CFR 998.200 Outgoing quality regulation -- 1991 crop peanuts.
The following modify or are in addition to the peanut marketing
agreement restrictions of 998.32 on handler disposition of peanuts:
(a) Shelled peanuts. No handler shall ship or otherwise dispose of
shelled peanuts for human consumption unless such peanuts are Positive
Lot Identified and certified as meeting the following requirements:
Peanuts meeting the foregoing specifications must also be certified
''negative'' as to aflatoxin, prior to shipment, unless they are
certified as meeting the following requirements which are applicable to
indemnifiable grades:
The term fall through, as used herein, shall mean sound split and
broken kernels and whole kernels which pass through specified screens.
Prior to shipment, appropriate samples for pretesting shall be drawn in
accordance with paragraph (c) of the Outgoing Quality Regulation from
each lot of indemnifiable grade peanuts. The lot size of edible quality
shelled peanuts, in bulk or bags, shall not exceed 200,000 pounds.
(b) Cleaned inshell peanuts. No handler shall ship or otherwise
dispose of cleaned inshell peanuts for human consumption: (1) With more
than 1.00 percent kernels with mold present unless a sample of such
peanuts, drawn by an inspector of the Federal or Federal-State
Inspection Service, was analyzed chemically by laboratories approved by
the Committee or by a U.S. Department of Agriculture laboratory
(hereinafter referred to as ''USDA laboratory'') and found to be
wholesome relative to aflatoxin; (2) with more than 2.00 percent
peanuts with damaged kernels; (3) with more than 10.00 percent
moisture; or (4) with more than 0.50 percent foreign material. The lot
size of such peanuts in bags or bulk shall not exceed 200,000 pounds.
(c) Pretesting shelled peanuts. Each handler shall cause appropriate
samples of each lot of edible quality shelled peanuts to be drawn by an
inspector of the Federal or Federal-State Inspection Service. The gross
amount of peanuts drawn shall be large enough to provide for a grade
analysis, for a grading check-sample, and for three 48-pound samples for
aflatoxin assay. The three 48-pound samples shall be designated by the
Federal or Federal-State Inspection Service as ''Sample 1,'' ''Sample
2,'' and ''Sample 3'' and each sample shall be placed in a suitable
container and ''positive lot identified'' by means acceptable to the
Inspection Service and the Committee. Sample 1 may be prepared for
immediate testing or Sample 1, Sample 2, and Sample 3 may be returned
to the handler for testing at a later date. However, before shipment of
the lot to the buyer (receiver), the handler shall cause Sample 1 to be
ground by the Federal or Federal-State Inspection Service or a USDA or
designated laboratory in a ''subsampling mill'' approved by the
Committee. The resultant ground subsample from Sample 1 shall be of a
size specified by the Committee and be designated as ''Subsample 1-AB''
and at the handler's or buyer's option, a second subsample may also be
extracted from Sample 1. It shall be designated as ''Subsample 1-CD.''
Subsample 1-CD may be sent as requested by the handler or buyer, for
aflatoxin assay, to a laboratory listed on the most recent Committee
list of approved laboratories that can provide analyses results on such
samples in 36 hours. Subsample 1-AB shall be analyzed only in USDA or
designated laboratories. Both Subsamples 1-AB and 1-CD shall be
accompanied by a notice of sampling signed by the inspector containing,
at least, identifying information as to the handler (shipper), the buyer
(receiver), if known, and the positive lot identification of the shelled
peanuts. A copy of such notice covering each lot shall be sent to the
Committee office.
(2) The samples designated as Sample 2 and Sample 3 shall be held
as aflatoxin check-samples by the Inspection Service or the handler and
shall not be included in the shipment to the buyer until the analyses
results from Sample 1 are known. Upon call from the USDA or designated
laboratory or the Committee, the handler shall cause Sample 2 to be
ground by the Inspection Service in a ''subsampling mill.'' The
resultant ground Subsample from Sample 2 shall be of the size specified
by the Committee and it shall be designated as ''Subsample 2-AB.'' Upon
call from the USDA or designated laboratory or the Committee, the
handler shall cause Sample 3 to be ground by the Inspection Service in
a ''subsampling mill.'' The resultant ground subsample from Sample 3
shall be of the size specified by the Committee and it shall be
designated as ''Subsample 3-AB.'' Subsamples 2-AB and 3-AB shall be
analyzed only in USDA or designated laboratories and each shall be
accompanied by a notice of sampling. A copy of each such notice shall
be sent to the Committee office and the cost of delivery of Subsamples
2-AB and 3-AB to the laboratory and the cost of assay on them shall be
at the Committee's expense.
(3) All costs involved in sampling and testing Subsample 1-CD shall
be for the account of the buyer of the lot and at the buyer's expense.
However, if the handler elects to pay any portion of these cost the
handler shall charge the buyer accordingly. Aflatoxin sampling and
testing cost for the AB Subsamples shall be included as a separate item
in the handler's invoice to the buyer at the rate of $0.0027 per pound
or $0.27 per hundredweight of the peanuts covered by the invoice. When
any of the samples or subsamples have been lost, misplaced, or spoiled
and replacement samples are needed, the entire cost of drawing the
replacement samples shall be for the account of the handler. The
results of each assay shall be reported to the buyer listed on the
notice of sampling and, if the handler desires, to the handler. If a
buyer is not listed on the notice of sampling, the results of the assay
shall be reported to the handler, who shall promptly cause notice to be
given to the buyer of the contents thereof, and such handler shall not
be required to furnish additional samples for assay.
(4) For the current crop year, ''Negative'' aflatoxin content means
15 parts per billion (ppb) or less for peanuts which have been certified
as meeting edible quality grade requirements and 25 ppb or less for
non-edible quality categories, as determined by the Committee's sampling
plan applicable to the respective grade categories.
(d) Identification. Each lot of shelled or cleaned inshell peanuts
shipped or otherwise disposed of for human consumption shall be
identified by positive lot identification procedures. For the purpose
of this regulation, ''positive lot identification'' of a lot of shelled
or inshell peanuts is a means of relating the inspection certificate to
the lot covered so that there can be no doubt that the peanuts delivered
are the same ones described on the inspection certificate. The crop
year that is shown on the positive lot identification tags, or other
means of positive lot identification shall accurately describe the crop
year in which the peanuts in the lot were produced. Such procedure on
bagged peanuts shall consist of attaching a lot numbered tag bearing the
official stamp of the Federal or Federal-State Inspection Service to
each filled bag in the lot. The tag shall be sewed (machine sewed if
shelled peanuts) into the closure of the bag except that in plastic bags
the tag shall be inserted prior to sealing so that the official stamp is
visible. Any peanuts moved in bulk or bulk bins shall have their lot
identity maintained by sealing the conveyance and if in other containers
by other means acceptable to the Federal or Federal-State Inspection
Service and to the Committee. All lots of shelled or cleaned inshell
peanuts shall be handled, stored, and shipped under positive lot
identification procedures.
(e) Reinspection. Whenever the Committee has reason to believe that
peanuts may have been damaged or deteriorated while in storage, the
Committee may reject the then effective inspection certificate and may
require the owner of the peanuts to have a reinspection to establish
whether or not such peanuts may be disposed of for human consumption.
(f) Inter-plant transfer. Any handler may transfer peanuts from one
plant owned by him to another of his plants or to commercial storage,
without having such peanuts positive lot identified and certified as
meeting quality requirements, but such transfer shall be only to points
within the same production area and ownership shall have been retained
by the handler. Upon any transferred peanuts being disposed of for
human consumption, they shall meet all the requirements applicable to
such peanuts.
(g) Loose shelled kernels, fall through and pickouts. (1) Loose
shelled kernels which do not ride screens with the following slot
openings: Runner -- 16/64 x 3/4 inch; Spanish and Valencia -- 15/64 x
3/4 inch; Virginia -- 15/64 x 1 inch; and fall through and pickouts
shall be disposed of only by sale as domestic oil stock, by crushing, or
as specified in paragraph (g)(3) or paragraph (m) of this section,
hereinafter. For the purpose of this regulation: The term non-edible
quality peanuts described in this paragraph means loose shelled kernels,
fall through, and pickouts; the term loose shelled kernels means peanut
kernels or portions of kernels completely free of their hulls, either as
found in deliveries of farmers' stock peanuts or those which fail to
ride the screens prescribed in paragraph (d)(1) of the Incoming Quality
Regulation ( 998.100); the term fall through has the same meaning as in
paragraph (a) of this section; and the term pickouts means those
peanuts removed during the final milling process at the picking table,
by electronic equipment, or otherwise during the milling process.
(2) All loose shelled kernels, fall through, and pickouts shall be
kept separate and apart from other milled peanuts that are to be shipped
into edible channels. Such categories may be kept separate or be
commingled in the same lot and shall be bagged in suitable new bags or
clean used bags or placed in bulk containers acceptable to the
Committee. Such peanuts shall be identified by positive lot
identification procedures set forth in paragraph (d) but using a red
tag, and such peanuts shall be inspected by the Federal or Federal-State
Inspection Service and a certification made on each lot as to moisture
and foreign material content. Such lot size, whether in bags or bulk,
shall not exceed 200,000 pounds.
(3)(i) In addition to disposition outlets specified in paragraph
(g)(1) of this section, such peanuts (loose shelled kernels, fall
through, and pickouts) may be disposed of, with prior approval by the
Committee for each such disposition, for use in research projects
performed by institutions which are supported or sponsored with State or
Federal funds. Fall through that has been sampled and determined
negative as to aflatoxin content may be disposed of for use as wild-life
feed or bait for rodents in labeled containers approved by the
Committee. Also, fall through which has been chemically treated to
prevent use for edible consumption may be used for seed purposes. Each
category of non-edible quality peanuts described in paragraph (g)(1) of
this section and identified as prescribed in paragraph (g)(2) of this
section may be exported in bulk or bags to countries other than Mexico
or Canada pursuant to the provisions prescribed for such disposition in
paragraph (l)(1) or (l)(2) of this section or they may be moved to
another handler for such disposition. Sales or transfer of such
peanuts, to exporters who are not handlers under the marketing
agreement, shall be made only to exporters who agree to procedures
acceptable to the Committee and are approved by the Committee to do such
exporting. Such peanuts may be disposed of to domestic crushing as
''unrestricted'' if they are certified negative as to aflatoxin content
and may be commingled at the crusher with any other category of peanuts
determined by paragraph (l)(1) of this section to be eligible for such
''unrestricted'' crushing. Non-edible quality peanuts described in
paragraph (g)(1) of this section which have not been certified negative
as to aflatoxin are not eligible for ''unrestricted'' crushing but may
be disposed of to domestic crushing as ''restricted'' and may be
commingled at the crusher with any other category of peanuts described
in paragraph (l)(2) of this section. Such non-edible quality peanuts
may be disposed of to domestic crushing or export without supervision by
the Area Association if they are held separate and apart from peanuts on
which supervision is required. However, if non-edible quality peanuts
described in paragraph (g)(1) of this section are exported or crushed in
commingle with peanuts on which supervision is required, the handler
shall cause the Area Association to supervise the commingling and
fragmenting for disposition to export and the commingling and domestic
crushing on all categories of peanuts included in such commingling. All
movement and disposition of such inedible quality peanuts shall be
reported by the handler as prescribed by the Committee.
(ii) Meal produced from the crushing of loose shelled kernels, fall
through, and pickouts, which have not been certified negative as to
aflatoxin content, and meal produced from the crushing of other
''restricted'' categories of peanuts listed in paragraph (l)(2) of this
section, shall be prepared for disposition in specifically identified
lots not exceeding 200,000 pounds. Handlers or crushers, at their own
expense, shall cause each such lot of meal to be sampled, as prescribed
by the Committee, by an inspector of the Federal or Federal-State
Inspection Service and tested for aflatoxin in a laboratory approved by
the Committee or by a USDA laboratory. The numerical test result of the
chemical assay shall be shown on a certificate covering each lot of meal
produced from ''restricted'' peanuts, and a copy of the certificate
shall accompany each shipment or disposition. However, meal produced
from the crushing of loose shelled kernels, fall through, and pickouts,
which have been certified negative as to aflatoxin content, and meal
produced from the crushing of other categories of peanuts determined by
paragraph (l)(1) of this regulation to be eligible for ''unrestricted''
crushing, shall be exempt from the aflatoxin testing requirements.
(4) Notwithstanding any other provisions of this regulation or of the
Incoming Quality Regulation ( 998.100), a handler may transfer
non-edible quality peanuts described in paragraph (g)(1) of this section
to another plant within his own organization or transfer or sell such
peanuts to a crusher for crushing. Sales or transfer of restricted
peanuts to domestic crushers who are not handlers under the agreement
shall be made only on the condition that they agree to comply with the
terms of this paragraph (g) and all other applicable requirements of
this regulation, including the reporting requirements.
(h) Peanuts failing quality requirements. (1) Handlers may sell to
or contract with other handlers, for further handling, shelled peanuts
(which originated from Segregation 1 peanuts) that fail to meet the
requirements for disposition to human consumption outlets heretofore
specified in paragraph (a) of this section. Lots of peanuts disposed of
in this manner must be accompanied by a valid grade inspection
certificate, and must be positive lot identified. Transactions made in
this manner shall be reported to the Committee by both the seller and
buyer on a form provided by the Committee. Any such peanuts acquired by
handlers pursuant to paragraph (i) of the Incoming Quality Regulation (
998.100) shall be held and milled separate and apart from other receipts
or acquisitions of the receiving handler and further disposition shall
be regulated by the requirements specified heretofore or pursuant to
paragraph (h)(3) hereinafter.
(2) Handlers may blanch or cause to have blanched positive identified
shelled peanuts (which originated from Segregation 1 peanuts) that fail
to meet the requirements of paragraph (a) of this section because of
excessive damage, minor defects, moisture, or foreign material or are
positive as to aflatoxin: Provided, That such lots of peanuts contain
not in excess of 8 percent damage and minor defects combined or 2
percent foreign material. Lots of peanuts which are moved under these
provisions must be accompanied by a valid grade inspection certificate.
Handlers who move such peanuts to a blancher, shall report to the
Committee, on a form furnished by the Committee, movement of each such
lot and the title shall be retained by the handler until the peanuts are
blanched and certified by an inspector of the Federal or Federal-State
Inspection Service as meeting the requirements for disposal into human
consumption outlets. To be eligible for disposal into human consumption
outlets, such peanuts after, blanching, must meet specifications for
unshelled peanuts, damaged kernels, minor defects, moisture, and foreign
material as listed in paragraph (a) of this section and be accompanied
by an aflatoxin certification determined to be negative by the
Committee. The residual peanuts, excluding skins and hearts, resulting
from blanching under these provisions, shall be bagged and red tagged
and disposition shall be that such peanuts are returned to the handler
for further disposition under the provisions of paragraph (g)(3) of the
Outgoing Quality Regulation ( 998.200); or in the alternative, if such
residuals are positive lot identified by a Federal or Federal-State
Inspection Service, they may be disposed of by the blancher to domestic
crushing or a Committee approved exporter. Blanching under the
provisions of this paragraph shall be performed only by those firms who
agree to procedures acceptable to the Committee and who are approved by
the Committee to do such blanching.
(3) Handlers may dispose of positive identified shelled peanuts
(which originated from ''Segregation 1 peanuts'') which fail to meet the
requirements of paragraph (a) of the Outgoing Quality Regulation (
998.200): To domestic crushing, to export to countries other than
Canada and Mexico, provided they meet fragmented requirements, to
crushers who are not handlers but are approved by the Committee, to
other handlers for crushing or fragmenting and exportation, or to
domestic animal feed use or to other handlers for such disposition,
pursuant to paragraph (m) of the Outgoing Quality Regulation ( 998.200).
Sales or transfer of such peanuts to exporters who are handlers under
the marketing agreement shall be made only to exporters who agree to
procedures acceptable to the Committee and are approved by the Committee
to do such exporting. Each lot of such peanuts shall have been positive
lot identified as prescribed in paragraph (d) of this section. Handlers
may dispose of such peanuts as ''unrestricted'': Provided, That each
lot has been sampled and assayed for aflatoxin as specified in paragraph
(c) of this section and determined to be negative as to aflatoxin by the
Committee. Handlers who have acquired any such unrestricted peanuts
from another handler or from their own operations may commingle such
peanuts with those from their own operations at the crusher, or during
the fragmenting operation or after fragmenting for further disposition
as ''unrestricted'' pursuant to the provisions of paragraph (l)(1) of
this section. Lots of peanuts covered by the provisions of this
paragraph (h)(3), which have not been assayed for aflatoxin content or
which have been assayed and determined to be unwholesome as to aflatoxin
by the Committee, are not eligible for disposition as ''unrestricted.''
Therefore, the disposition of such peanuts to export or domestic
crushing shall be as ''restricted.'' However, handlers who have acquired
such restricted peanuts from another handler may commingle such peanuts
with those from his own operations at the crusher, or during the
fragmenting operation, or after fragmenting for further disposition as
restricted pursuant to the provisions of paragraph (l)(2) of this
section. Peanuts regulated by this paragraph (h)(3) may be disposed of
to domestic crushing or export without supervision by the Area
Association if they are held separate and apart from peanuts on which
supervision is required. However, if any such peanuts are commingled
with peanuts on which supervision is required, the handler shall cause
the Area Association to supervise the commingling and fragmenting for
disposition to export and the commingling and domestic crushing on all
categories of peanuts included in such commingling. All movement and
disposition of peanuts covered by the provisions of this paragraph shall
be reported by the handler as prescribed by the Committee.
(4) Handlers may contract with Committee approved remillers for
remilling shelled peanuts (which originated from Segregation 1 peanuts)
that fail to meet the requirements for disposition to human consumption
outlets heretofore specified in paragraph (a) of the Outgoing Quality
Regulation ( 998.200): Provided, That such lots of peanuts contain not
in excess of 8 percent damage and minor defects combined or 10 percent
fall through or 2 percent foreign material. Lots of peanuts moved under
these provisions must be accompanied by a valid grade inspection
certificate and must be positive lot identified. Handlers who move such
peanuts to an approved remiller shall report to the Committee, on a form
furnished by the Committee, the movement of each such lot. The title of
such peanuts shall be retained by the handler until the peanuts have
been remilled and certified by the Federal or Federal-State Inspection
Service as meeting the requirements for disposition to human consumption
outlets specified in paragraph (a) of this section, and be accompanied
by an aflatoxin certificate determined to be negative by the Committee.
Remilling under these provisions may include composite remilling of more
than one such lot of peanuts owned by the same handler. However, such
peanuts owned by one handler shall be held and remilled separate and
apart from all other peanuts. The residual peanuts resulting from
remilling under these provisions shall be bagged and red-tagged and
disposed of to domestic crushing by the approved remiller or they may be
returned to the handler for disposition under the provisions of
paragraph (g)(3) of the Outgoing Quality Regulation ( 998.200).
Remilling under the provisions of this paragraph shall be performed only
by those firms who agree to procedures acceptable to the Committee and
who are approved by the Committee to do such remilling.
(i) Seed peanuts and residuals from seed peanuts. (1) Handlers who
receive and custom shell for seed purposes farmers' stock peanuts (which
have not been inspected and certified as meeting the Incoming Quality
Regulation 998.100) shall hold and mill peanuts acquired as residuals
from such operations separate and apart from peanuts acquired as
Segregation 1 farmers' stock. Likewise, any such residuals received or
acquired from a handler of non-handler, shall be held and milled
separate and apart in the same manner. Residuals that meet requirements
of the Outgoing Quality Regulation may be disposed of by sale to human
consumption outlets or to another handler and any portion in positive
identified lots not meeting such requirements: (a) May be handled and
disposed of pursuant to the provisions of paragraph (h) of this section;
or (2) shall be disposed of to domestic crushing or export pursuant to
the provisions of paragraph (g) of this section.
(2) Peanuts which are used for seed purposes and which have been
treated with chemicals causing them to be unfit for human consumption
and animal feed, shall be exempt from the provisions of the Outgoing
Quality Regulation.
(j) Segregation 2 and 3 farmers' stock disposition. (1) Handlers who
have acquired Segregation 2 and 3 farmers' stock peanuts pursuant to
paragraph (f) of the Incoming Quality Regulation ( 998.100) may
commingle such peanuts or keep them separate and apart. The Segregation
3 farmers' stock peanuts or commingled Segregation 2 and farmers' stock
peanuts may be moved or disposed of in bags or bulk: To other handlers
for shelling, fragmenting, or crushing, or to crushers who are not
handlers but are approved by the Committee. Handlers may shell such
peanuts and move or dispose of the shelled peanuts in bulk or bags: To
other handlers for fragmenting or crushing, or to crushers who are not
handlers but are approved by the Committee and further disposition shall
be as provided hereinafter the paragraph (l)(2) of this section for
''restricted'' export to countries other than Canada and Mexico, or for
''restricted'' domestic crushing. Prior to exportation, the shelled
peanuts shall be certified by the Federal or Federal-State Inspection
Service as meeting the requirements specified for ''fragmented'' peanuts
in paragraph (l)(1) of this section and shall be assayed for aflatoxin
by a USDA laboratory or a laboratory approved by the Committee.
Shelling, fragmenting, and crushing of Segregation 3 peanuts or
commingled Segregation 2 and 3 peanuts shall be done only under the
supervision of the Area Association and any such peanuts may be
commingled with other categories of shelled peanuts for disposition to
export or domestic crushing. However, if such further commingling
occurs, the handler shall cause the Area Association to supervise the
further commingling and fragmenting for disposition to export or the
further commingling and domestic crushing. All movement and disposition
of Segregation 3 peanuts or commingled Segregation 2 and 3 peanuts and
shelled or fragmented peanuts originating therefrom shall be reported by
the handler as prescribed by the Committee.
(2) Handlers who have acquired Segregation 2 farmers' stock peanuts
pursuant to paragraph (f) of the Incoming Quality Regulation ( 998.100)
and held them separate and apart from Segregation 3 peanuts may
commingle the Segregation 2 farmers' stock with Segregation 1 farmers'
stock for disposition to domestic crushing or export as inedibles. The
Segregation 2 farmers' stock peanuts or commingled Segregation 1 and 2
farmers' stock peanuts may be moved or disposed of in bulk or bags: To
other handlers for shelling, fragmenting, or crushing, or to crushers
who are not handlers but are approved by the Committee. Handlers may
shell the Segregation 2 or commingled Segregation 1 and 2 peanuts and
move or dispose of the shelled peanuts: To another handler for
fragmenting or crushing; or to crushers who are not handlers but are
approved by the Committee and further disposition shall be as provided
in paragraph (l)(1) of this section. Prior to exportation the shelled
peanuts shall be certified by the Federal or Federal-State Inspection
Service as meeting the requirements specified for fragmented peanuts
also in paragraph (l)(1) of this section. If the shelled peanuts from
Segregation 2 peanuts or commingled Segregation 1 and 2 peanuts are held
separate and apart from Segregation 3 peanuts and any restricted
categories of shelled peanuts, no aflatoxin assay shall be required.
Shelling, fragmenting, and crushing of Segregation 2 peanuts or
commingled Segregation 1 and 2 peanuts shall be done only under the
supervision of the Area Association. The shelled peanuts from
Segregation 2 peanuts or commingled Segregation 1 and 2 peanuts may be
further commingled with other categories of shelled peanuts for
disposition to export or domestic crushing. However, if such further
commingling occurs, the handler shall cause the Area Association to
supervise the further commingling and fragmenting. All movement and
disposition of Segregation 2 peanuts or commingled Segregation 1 and 2
peanuts and shelled or fragmented peanuts originating therefrom shall be
reported by the handler as prescribed by the Committee.
(k) Segregation 1 farmers' stock disposition. (1) In addition to
milling (shelling, cleaning, etc.) Segregation 1 farmers' stock peanuts
for disposition to human consumption or seed outlets, handlers may
dispose of Segregation 1 farmers' stock peanuts to export or to other
handlers for such dispostion. All such dispositions to export shall be
reported by the handler as requested by the Committee.
(2) In addition to the disposition outlets specified in paragraph
(k)(1), of this section handlers may dispose of Segregation 1 farmers'
stock peanuts in bags or bulk to other handlers for shelling,
fragmenting or crushing. Such peanuts may also be disposed of to
crushers who are not handlers but are approved by the Committee.
Handlers may commingle Segregation 1 farmers' stock peanuts with
Segregation 2 farmers' stock peanuts or keep them separate and apart,
and may shell such peanuts and move or dispose of the shelled peanuts in
bulk or bags to others handlers for fragmenting or crushing. Such
peanuts may also be disposed of to crushers who are not handlers but are
approved by the Committee. However, the shelling, fragmenting, and
disposition of such Segregation 1 farmers' stock peanuts shall be done
only under the supervision of the Committee and the Area Association and
all peanuts handled under the provisions of this paragraph (k)(2), for
disposition to export or domestic crushing shall be milled and disposed
of pursuant to paragraph (j)(2) of this section in lieu of the
provisions specified in paragraphs (a), (b), (c), (d), (g), (h), and (i)
of this section. The movement and disposition of all peanuts handled
under the provisions of this paragraph (k)(2), shall be reported by the
handler as prescribed by the Committee.
(l) Handling commingling, and disposition of shelled peanuts not
meeting quality requirements for human consumption. (1) The following
categories of shelled peanuts may be disposed of to domestic crushing or
to export as ''unrestricted''.
(i) The entire mill production of shelled peanuts from Segregation 1
farmers' stock pursuant to paragraph (k)(2) of this section.
(ii) The entire mill production of shelled peanuts from Segregation
2, or commingled Segregation 1 and 2 farmers' stocks pursuant to
paragraph (j)(2) of this section.
(iii) Positive lot identified lots of shelled ''peanuts failing
quality requirements'' determined negative as to aflatoxin pursuant to
paragraph (h)(3) of this section.
(iv) Positive lot identified lots of loose shelled kernels, fall
through, or pickouts determined negative as to aflatoxin pursuant to
paragraphs (g)(1), (2), and (3) of this section.
(v) Positive lot identified lots of loose shelled kernels, fall
through and pickouts commingled and determined negative as to aflatoxin
pursuant to paragraphs (g)(2), and (3) of this section.
(vi) Positive lot identified lots of seed peanut residuals determined
negative as to aflatoxin pursuant to paragraph (i) of this section.
Handlers who acquire from other handlers or from their own operations
any of the categories of shelled peanuts described heretofore in this
paragraph may commingle such peanuts while fragmenting them or after
they have been fragmented: With any other category of peanuts described
in this paragraph, and with any category of ''unrestricted'' shelled
peanuts acquired from CCC and determined by CCC to be eligible for such
commingling for disposition to export to countries other than Canada and
Mexico. However, such peanuts, prior to exportation, shall be certified
as meeting fragmented requirements. For the purpose of this regulation,
the term fragmented means that not more than 30 percent of the peanuts
shall be whole kernels that ride the following screens, by type:
Spanish 15/64 x 3/4 inch slot; Runner 16/64 x 3/4 inch slot; and
Virginia 15/64 x 1 inch slot. Sales or transfer of such peanuts to
exporters who are not handlers under the marketing agreement shall be
made only to exporters who agree to procedures acceptable to the
Committee and are approved by the Committee to do such exporting.
Handlers who acquire from other handlers or from their own operations
any of the categories of shelled peanuts described heretofore in this
paragraph may commingle such peanuts at the crusher: With any other
category of peanuts described in this paragraph, and with any category
of unrestricted shelled peanuts acquired from CCC and determined by CCC
to be eligible for such commingling and the resultant meal may be
disposed of without restriction. To be eligible for such unrestricted
disposition (crushing or export), such peanuts, before commingling and
after commingling shall be kept separate and apart from all
''restricted'' peanuts. Shelling fragmenting, and crushing of
Segregation 2 peanuts or commingled Segregation 1 and 2 peanuts shall be
done only under the supervision of the Area Association and if any
shelled peanuts originating therefrom are commingled with any of the
other categories of shelled peanuts described heretofore in this
paragraph, the handler shall cause the Area Association to supervise the
commingling and fragmenting and the commingling and crushing on all
categories of peanuts included in such commingling. All movement and
disposition of the categories of peanuts described heretofore in this
paragraph shall be reported by the handler as prescribed by the
Committee.
(2) The following categories of shelled peanuts may be disposed of to
domestic crushing or to export as ''restricted:''
(i) The entire mill production of shelled peanuts from Segregation 1
farmers' stock pursuant to paragraph (k)(2) of the Outgoing Quality
Regulation ( 998.200).
(ii) The entire mill production of shelled peanuts from Segregation 2
or commingled Segregation 1 and 2 farmers' stock pursuant to paragraph
(j)(2) of this section.
(iii) The entire mill production of shelled peanuts from Segregation
3 or commingled Segregation 2 and 3 farmers' stock pursuant to paragraph
(j)(1) of this section.
(iv) Positive lot identified lots of shelled ''peanuts failing
quality requirements'' pursuant to paragraph (h)(3) of this section.
(v) Positive lot identified lots of loose shelled kernels, fall
through, or pickouts pursuant to paragraphs (g) (1), (2), and (3) of
this section.
(vi) Positive lot identified lots of loose shelled kernels, fall
through and pickouts commingled pursuant to paragraphs (g) (2), and (3)
of this section.
(vii) Positive lot identified lots of seed peanut residuals pursuant
to paragraph (i) of this section.
(viii) PAC indemnified peanuts.
Handlers who acquire, from other handlers, or from their own
operations, any of the categories of shelled peanuts described
heretofore in this paragraph (l)(2) of this section may commingle such
peanuts while fragmenting them or after they have been fragmented with
any other category of peanuts described in this paragraph and with any
category of shelled peanuts acquired from CCC and determined by CCC to
be eligible for such commingling with disposition to export to countries
other than Canada and Mexico as ''restricted.'' Prior to such
exportation, the peanuts shall be certified as meeting the fragmented
requirements and shall be assayed for aflatoxin by a USDA laboratory or
a laboratory approved by the Committee. The handler's ''in-land'' bill
of lading and his invoice covering the shipment shall include the
following statement: ''The peanuts covered by this bill of lading (or
invoice) are limited to crushing only and may contain alfaxoin.'' Sales
or transfer of such peanuts to exporters who are not handlers under the
marketing agreement shall be made only to exporters who agree to
procedures acceptable to the Committee and are approved by the Committee
to do such exporting. Handlers who acquire, from other handlers or from
their own operations, any of the categories of shelled peanuts described
heretofore in this paragraph may commingle such peanuts at the crusher
with any other category of peanuts described in this paragraph (l)(2) of
this section and with any category of shelled peanuts acquired from CCC
and determined by CCC to be eligible for such commingling for
''restricted'' domestic crushing. Meal produced from the crushing of
''restricted'' categories of peanuts described in this paragraph (l)(2)
shall be tested and certified as to aflatoxin content pursuant to the
requirements of paragraph (g)(3)(ii) of this section, applicable to such
''restricted'' categories of peanuts. Shelling, fragmenting, and
crushing of Segregation 2 peanuts, Segregation 3 peanuts and the entire
mill production of Segregation 1 peanuts handled pursuant to paragraph
(k) of this section, shall be done only under supervision of the Area
Association and if any of such categories of peanuts are commingled with
any of the other categories of shelled peanuts described heretofore in
this paragraph, the handler shall cause the Area Association to
supervise the commingling and fragmenting on all categories of peanuts
included in such commingling. All movement and disposition of the
categories of peanuts described heretofore in this paragraph shall be
reported by the handler as prescribed by the Committee.
(m) Disposition of shelled peanuts for use as domestic animal feeds.
(1) Handlers may sell to or contract with other handlers, for further
milling and/or processing for use in domestic animal feed, shelled
peanuts which fail to meet requirements for disposition to human
consumption outlets heretofore specified in paragraph (a) of the
Outgoing Quality Regulation ( 998.200). Lots of peanuts disposed of in
this manner must be positive lot identified and accompanied by a valid
grade inspection certificate. Transactions made in this manner shall be
reported to the Committee by both the seller and the buyer, on a form
provided by the Committee. Any such peanuts acquired by the receiving
handler for disposition to use as domestic animals feed shall be held
and milled separate and apart from peanuts destined to human consumption
outlets, and further disposition shall be regulated as provided for in
paragraph (m)(2) of this section, hereinafter.
(2) Handlers may dispose of, for use as domestic animal feeds,
shelled peanuts which fail to meet requirements for disposition to human
consumption outlets heretofore specified in paragraph (a) of the
Outgoing Quality Regulations ( 998.200): Provided, That each lot of
peanuts so disposed of is treated with a coloring or dyeing solution
approved and prescribed by the Committee; handled and shipped under
positive lot identification procedures, (except for bulk loads, red tags
shall be used and marked, ''For Animal Feed-Not for Human
Consumption''); assayed for aflatoxin and covered by a valid
''negative'' aflatoxin certificate; and inspected by the Federal or
Federal-State Inspection Service and a certification made as to
moisture, foreign material content, and that a minimum of 80 percent of
the peanuts must show evidence of the dye or coloring agent, which is
the Committee's requirement specified for dyeing or coloring. Each lot
of inedible quality peanuts disposed of for use as domestic animal feed
shall be reported to the Committee by the handler as prescribed by the
Committee on a form provided by the Committee, and the handler's bill of
lading and this invoice covering the shipment of each such lot shall
include the following statement: ''The peanuts covered by this bill of
lading (or invoice) are for animal feed only and are not to be used for
human consumption.''
(53 FR 20291, June 3, 1988, as amended at 53 FR 26758, July 15, 1988;
54 FR 25441, June 15, 1989, 54 FR 27271, June 28, 1989, and 54 FR
37297, Sept. 8, 1989; 55 FR 30902, July 30, 1990; 55 FR 34512, Aug.
23, 1990; 56 FR 37647, Aug. 8, 1991)
07 CFR 998.300 Terms and conditions of indemnification -- 1991 crop
peanuts.
(a) For the purpose of paying indemnities on a uniform basis pursuant
to 998.36 of the peanut marketing agreement effective July 12, 1965,
each handler shall promptly notify or arrange for the buyer to notify
the Manager, Peanut Administrative Committee, of any lot of cleaned
inshell or shelled peanuts, milled to the outgoing quality requirements
and into one of the categories listed in the final paragraph of these
terms and conditions, on which the handler has withheld shipment or
storage or the buyer, including the user division of a handler, has
withheld usage due to a finding as to aflatoxin content as shown by the
results of chemical assay.
(b) If the chemical assay results on samples drawn prior to shipment
pursuant to paragraph (c) of the Outgoing Quality Regulation ( 998.200)
are so high in aflatoxin content that a lot of peanuts should be handled
pursuant to these Terms and Conditions, the handler shall certify to the
Committee within ten (10) days of the date shown on the aflatoxin
certificate whether the milling of the peanuts in the lot was supervised
by the Area Association as ''additional peanuts.'' For the purposes
herein, the term additional peanuts means any peanuts other than ''quota
peanuts'' which are milled under the supervision of the Area
Association.
(c) To be eligible for indemnification, such a lot of peanuts shall
have been inspected and certified as meeting the quality requirements of
the agreement, shall have met all other applicable regulations issued
pursuant thereto, including the pretesting requirements in paragraphs
(a) and (c) of the Outgoing Quality Regulation ( 998.200) and the lot
identification shall have been maintained. If the Committee concludes,
based on assays to date or further assays, that the lot is so high in
aflatoxin that it should be handled pursuant to these Terms and
Conditions, and such is concurred in by the Agricultural Marketing
Service, the lot shall be accepted for indemnification. If the lot is
covered by a sales contract, the lot may be rejected to the handler.
(d) In an effort to make such eligible peanuts suitable for human
consumption, and to minimize indemnification costs, the Committee and
the Agricultural Marketing Service shall, prior to disposition for
crushing cause all suitable lots to be remilled or custom blanched or
both. Custom blanching means the process which involves blanching
peanuts, and the subsequent removal of damaged peanuts for the purpose
of eliminating aflatoxin from the lot. The process may be applied to
either an original lot or the new lot which results from remilling.
Custom blanching shall be performed only by those firms determined by
the Committee to have the capability to remove the aflatoxin and who
agree to such terms, conditions and rates of payment as the Committee
may find to be acceptable.
(e) If the Committee and the Agricultural Marketing Service conclude
that such lot is not suitable for remilling or custom blanching, the lot
shall be declared to crushing and shall be disposed of by delivery to
the Committee at such point as it may designate. The indemnification
payment for ''quota peanuts'' so disposed of shall be 45 cents per
pound, or the indemnification value of the lot of peanuts as hereinafter
provided for ''quota peanuts'' less five cents per pound, whichever is
lower. The indemnification payment for ''additional peanuts'' so
disposed of shall be the indemnification value as hereinafter provided
for ''additional peanuts,'' less three cents per pound. Transportation
expenses (excluding demurrage, loading and unloading charges, custom
fees, border re-entry fees, etc.) from the handler's plant or storage to
the point within the Continental United States or Canada where the
rejection occurred and from such point to a delivery point specified by
the Committee shall be included in the indemnification payment if the
lot is found by the Committee to be unwholesome as to aflatoxin after
such lot had been certified negative as to aflatoxin prior to being
shipped or otherwise disposed of for human consumption by the handler
pursuant to requirements of the Outgoing Quality Regulation. Payment
shall be made to the handler as soon as practicable after delivery of
the peanuts to the Committee. The salvage value for peanuts declared
for crushing shall be paid to, and retained by, the Committee to offset
indemnification expenses.
(f) If it is concluded that the lot should be remilled or custom
blanched, expenses shall be paid by the Committee on those lots which,
on the basis of the inspection occurring prior to shipment, contained
not more than 1.00 percent damaged kernels other than minor defects.
Lots with damage in excess of 1.00 percent on such inspection shall be
remilled without reimbursement from the committee for milling or
freight, but otherwise shall be indemnifiable the same as lots with not
more than 1.00 percent damage.
(g) The indemnification value of peanuts delivered to the Committee
for indemnification shall be as listed in the third from the last
paragraph of these terms and conditions.
(h) The indemnification payment on peanuts declared for remilling,
and which contain not more than 1.00 percent damaged kernels other than
minor defects, shall include an allowance for remilling of three and
one-half cents per pound on the original weight. The indemnification
payment on the pounds of peanuts removed in the process and not cleared
for human consumption shall be: for ''quota peanuts,'' 45 cents per
pound, or the indemnification value as hereinafter provided for ''quota
peanuts'', whichever is lower; and for ''additional peanuts'', the
indemnification value as hereinafter provided for ''additional
peanuts''. Transportation expenses (excluding demurrage, loading and
unloading charges, custom fees, border re-entry fees, etc.) from the
handler's plant or storage to the point within the Continental United
States or Canada where the rejection occurred and from such point to a
delivery point specified by the Committee shall be included in the
indemnification payment if the lot is found by the Committee to be
unwholesome as to aflatoxin after such lot had been certified negative
as to aflatoxin prior to being shipped or otherwise disposed of for
human consumption by the handler pursuant to requirements of the
Outgoing Quality Regulation. On lots on which the remilling is not
successful in making the lot wholesome as to aflatoxin and such lots of
peanuts are declared for custom blanching after remilling, the
indemnification payment shall be the blanching cost, plus the
transportation costs from origin (whether handler or buyer premises) to
point of blanching and on unsold lots from point of blanching to
handler's premises and 45 cents per pound or the applicable
indemnification value, whichever is lower, of the weight of reject
peanuts removed from the lot. On lots which are custom blanched without
remilling, the indemnification payment shall be determined in the same
manner.
(i) Claims for indemnification may be filed by any handler sustaining
a loss as a result of a buyer withholding from human consumption a
portion or all of the product made from a lot of peanuts which has been
determined to be unwholesome due to aflatoxin. The Committee shall pay
such claims as it determines to be valid, to the extent of the
equivalent indemnification value applicable to the peanuts used in the
product so withheld. On products manufactured from edible quality
grades of peanuts, such claims may be filed with the committee no later
than November 1 of the second year following the year in which the
peanuts were produced.
(j) Payment shall be made to the handler claiming indemnification or
receiving the rejected lot as soon as practicable after receipt by the
Committee of such evidence of remilling or custom blanching and
clearance of the lot for human consumption as the Committee may require
and the delivery of the peanuts not cleared for human consumption to the
delivery point designated by the Committee. If a suitable reduction in
the aflatoxin content is not achieved on any lot which is remilled or
custom blanched, or both, the Committee shall declare the entire lot for
indemnification, and the indemnification payment rate on ''quota
peanuts'' shall be 45 cents per pound, or the indemnification value as
hereinafter provided for ''quota peanuts,'' less five cents per pound,
whichever is lower, plus other applicable costs authorized heretofore,
and the indemnification payment for ''additional peanuts'' shall be the
indemnification value for ''additional peanuts'' as hereinafter provided
for ''additional peanuts,'' less three cents per pound, plus other
applicable costs authorized heretofore. However, the Committee shall
refuse to pay indemnification on any lot(s) where it has reason to
believe that the rejection of the peanuts arises from failure of the
handler to use reasonable measures to receive and withhold from milling
for edible use those Segregation 3 peanuts tendered to him either
directly by a producer or by a country buyer, commission buyer or other
like person. Furthermore, any misrepresentation by a handler in
reporting acquisition, composition or disposition of any lot or lots of
peanuts by such handler shall cause indemnification payments with
respect to any such claim filed with the Committee by the handler on
current crop year peanuts to be withheld unless the Committee finds that
such action was inadvertent.
(k) Remilling may occur on the premises of any handler signatory to
the marketing agreement or at such other plant as the Committee may
determine. However, if the Committee orders remilling of a lot which
has been found to contain aflatoxin prior to shipment from the locality
of original milling, the Committee shall not pay freight costs should
the handler move said lot to another locality for remilling.
(l) Notice of claims for indemnification on peanuts of the current
crop year shall be received by the Committee no later than November 1,
following the end of the current crop year.
(m) Each handler shall include, directly or by reference, in his
sales contract the following provisions:
(1) Buyer shall give the Peanut Administrative Committee (Committee)
office notice of any request made to the Federal or Federal-State
Inspection Service for an ''appeal'' inspection for aflatoxin. Results
of the ''appeal'' inspection will be reported by the Federal or
Federal-State Inspection Service or other designated lab to Committee
management. If the Committee management determines that the test
results of the ''appeal'' sample show the lot to be high in aflatoxin,
Committee management shall inform the buyer and handler of the results.
In this case, the buyer may apply to reject the lot and return it to the
handler by filing a rejection letter with Committee management. Upon a
determination of the Committee, confirmed by the Agricultural Marketing
Service, authorizing rejection, such peanuts, and title thereto, if
passed to the buyer, shall be returned to the seller, and such peanuts,
after successful remilling and/or blanching, shall be delivered to the
buyer to satisfy the applicable contract. Alternatively, seller may
replace any rejected lot of peanuts with another lot if he elects to do
so. Buyer must return the rejected lot to the seller within 45 days of
the date on which Committee management informs buyer of the ''appeal''
sample test results, otherwise the buyer agrees that he forfeits the
right to reject the lot and return it to the seller.
(2) If the buyer's or receiver's name is shown on the grade
certificate prior to the time of the aflatoxin analysis results,
covering a lot which, upon the protesting sampling procedure prescribed
in paragraph (c) of the Outgoing Quality Regulation ( 998.200), exceeds
Committee requirements for wholesomeness as to aflatoxin, such peanuts
shall be offered to the buyer to satisfy the existing applicable
contract, and the buyer shall agree to accept the peanuts resulting from
successful remilling and/or blanching of the rejected lot.
Alternatively, the seller may replace any rejected lot of peanuts with
another lot, if the seller elects to do so.
(3) Seller shall, prior to shipment of a lot of shelled peanuts
covered by this sales contract, cause appropriate samples to be drawn by
the Federal or Federal-State Inspection Service from such lot, shall
cause the sample(s) to be sent to a USDA laboratory or if designated by
the buyer, a laboratory listed on the most recent Committee list of
approved laboratories to conduct such assay, for an aflatoxin assay and
cause the laboratory, if other than the buyer's to send one copy of the
results of the assay to the buyer. A portion of the costs of aflatoxin
sampling and testing, as provided in 998.200(c)(3), shall be for the
account of the buyer and the buyer agrees to pay such costs.
(n) Any handler who fails to include such provisions in his sales
contract shall be ineligible for indemnification payments with respect
to any claim filed with the Committee on current crop year peanuts
covered by the sales contract.
(o) In addition, should any handler enter into any oral or written
sales contract which fixes the level of aflatoxin at which rejection may
be made and hence conflicts with these terms and conditions, the handler
doing so will not be eligible for indemnification payments with respect
to any claim filed with the Committee on current crop year peanuts on or
after the filing date of a claim under such contract, except upon the
Committee's finding that acceptance of such contract was inadvertent;
and for purposes of this provision a claim shall be deemed to be filed
when notice of possible rejection is first given to the Committee.
(p) Any handler who fails to conform to the requirements of paragraph
(h) of the Incoming Quality Regulation ( 998.100) shall be ineligible
for any indemnification payments until such condition or conditions are
corrected to the satisfaction of the Committee.
(q) Any handler who fails to cause positive lot identification on any
lot of peanuts to accurately reflect the crop year in which such peanuts
were produced, pursuant to paragraph (d) of the Outgoing Quality
Regulation ( 998.200), shall be ineligible for any indemnification
payments until such violation is corrected to the satisfaction of the
Committee.
(r) Any handler who fails to remove, hold, or dispose of loose
shelled kernels pursuant to paragraph (d)(1) of the Incoming Quality
Regulation ( 998.100) or paragraph (g) of the Outgoing Quality
Regulation ( 998.200) shall be ineligible for any indemnification
payments until such condition or conditions are corrected to the
satisfaction of the Committee and/or any complaints of violations made
by the Committee to the Secretary are resolved.
(s) Categories eligible for indemnification are as follows:
(1) Cleaned inshell peanuts /1/
(i) U.S. Jumbos
(ii) U.S. Fancy Handpicks
(iii) Valencia-Roasting Stock /2/
(2) U.S. Grade shelled peanuts
(i) U.S. No. 1
(ii) U.S. Splits
(iii) U.S. Virginia Extra-Large
(iv) U.S. Virginia Medium
(3) Shelled peanuts ''with splits''
(i) Runners with splits which do not contain more than 15 percent
splits or 3 percent whole kernels which will pass through a 16/64 3/4
slot screen.
(ii) Spanish with splits which do not contain more than 15 percent
splits or 2 percent whole kernels which will pass through a 15/64 3/4
slot screen.
(iii) Virginias with splits which do not contain more than 15 percent
splits or 3 percent whole kernels which will pass through a 15/64 3/4 1
slot screen.
(4) Shelled Spanish jumbos. -- Spanish having not more than 5
percent kernels which fall through an 18/64 3/4 slot screen and which
otherwise meet the grade requirements of U.S. No. 1 Spanish.
(t) However, peanuts in any of the above categories shall not be
eligible for indemnification if such peanuts: (1) Were milled from seed
peanut residuals as referred to in the last sentence of paragraph (e) of
the Incoming Quality Regulation and paragraph (i) of the Outgoing
Quality Regulation; or (2) when shipped for human consumption outlets
contained more than a total of 1.25 percent unshelled peanuts and
damaged kernels or a total of 2.00 percent unshelled peanuts, damaged
kernels and minor defects.
(u) For the purpose of paying indemnification beginning August 1 of
the current crop year, the domestic market price for each category of
peanuts shall be determined by averaging the price(s) listed in the
Federal-State Market News -- Peanut Report, per category, during the
most recent four week period. Such weekly price calculations shall
extend to November 1 following the end of the current crop year.
(v) For the purpose of determining indemnification values, the term
quota peanuts means peanuts marketed, or considered marketed, for
domestic edible use, as defined by USDA-ASCS; and the term additional
peanuts means any peanuts other than ''quota peanuts'' which are milled
under the supervision of the Area Association, and verified. Handlers
electing non-physical supervision shall receive ''quota''
indemnification prices on peanuts indemnified, and they shall not be
required to furnish Area Association verification. However, under no
circumstance shall a handler be paid ''quota'' indemnification prices on
poundage greater than 60 percent of the net ''quota'' Segregation 1
farmers' stock peanuts acquired by the handler.
(w) The indemnification value for each category of ''quota peanuts''
eligible for indemnification, except U.S. Splits of all types, shall be
the domestic market price established during the averaging period,
whether at the time the notice of claim is first filed with the
Committee, or at the time of disposition of the peanuts, less two cents
per pound (on the pounds indemnified) or the most recent price category
listed in the Peanut Market News, whichever is lower. The
indemnification values of U.S. Splits categories shall be the domestic
market price established during the averaging period, whether at the
time the notice of claim is first filed with the Committee, or at the
time of disposition of the peanuts, less three cents per pound, or the
most recent price listed for the U.S. Splits category, whichever is
lower.
(x) The indemnification value for ''additional peanuts'' shall be
equal to 45 percent of either 45 cents per pound or the established
indemnification value, per category, of ''quota peanuts,'' whichever is
lower.
(y) The grade categories to which the indemnification values shall be
applied are as follows:
(z) Notwithstanding the provisions of any other paragraph of these
Terms and Conditions, the total payments for indemnification plus
expenses, minus salvage received by the Committee on indemnified peanuts
delivered for crushing, shall not exceed $9,000,000 in the aggregate,
for the crop year. To assure that the $9,000,000 limit is not exceeded
while dealing with all expenses and claims on an equitable basis, the
following payment schedule shall be followed:
(1) Cost of preparation, delivery and assays on Samples 2-AB and
3-AB, as prescribed in section 998.200(c)(2), crushing supervision, and
other indemnification costs not allocated to claims, shall be paid,
without delay, in accordance with the procedures in this part.
(2) Authorized costs for blanching and remilling fees, freight, and
assay costs allocated to claims shall be paid pursuant to these Terms
and Conditions, unless the Committee projects that these costs, plus the
costs listed in paragraph (z)(1), are likely to exceed the $9,000,000
limitation.
(3) If not more than 800 claims for indemnification have been filed
with the Committee by December 31 of the current crop year, the
Committee shall pay claimants for the applicable indemnification payment
on indemnified peanuts covered by claims, which are determined to be
valid, pursuant to these Terms and Conditions.
(4) If more than 800 but not more than 1300 claims for
indemnification have been filed with the Committee by December 31 of the
current crop year, the Committee shall pay claimants at the rate
prescribed in paragraph (x) of these Terms and Conditions, for
''additional peanuts'', on indemnified peanuts covered by claims, as
determined to be valid pursuant to these Terms and Conditions.
(5) However, with respect to paragraphs (z)(3) and (z)(4) above,
indemnification payments for the peanuts removed in the remilling and/or
blanching process shall be delayed until such time as the loan acquired
for the purposes of paying indemnities on 1990 crop peanuts is repaid.
(6) If more than 1300 but not more than 2500 claims for
indemnification have been filed with the Committee by December 31 of the
current crop year, indemnification payments for the peanuts removed in
the remilling and/or blanching process shall be delayed until December
31 of the calendar year following the current crop year, or until other
action is prescribed by the Committee, with the approval of the
Secretary.
(7) If more than 2500 claims for indemnification have been filed with
the Committee on or before December 31 of the current crop year, or if
projections indicate that the total number of claims during the crop
year may be approximately 6,000 or more, or if projections indicate that
the aggregate costs of the expense items referred to in paragraph (z)(1)
and (z)(2), minus salvage, might exceed the $9,000,000 limit,
alternative methods or rates of payment shall be prescribed by the
Committee, with the approval of the Secretary.
(53 FR 20291, June 3, 1988, as amended at 53 FR 26758, July 15, 1988;
54 FR 25442, June 15, 1989 and 54 FR 37297, Sept. 8, 1989; 55 FR
30902, July 30, 1990; 55 FR 34512, Aug. 23, 1990; 56 FR 37647, Aug. 8,
1991)
/1/ Eligible lots of cleaned inshell peanuts which are found, after
shipment, to contain excessive aflatoxin, may be rejected to the
handler. Transportaton expenses (excluding demurrage, loading and
unloading charges, custom fees, border reentry fees, etc.) from the
handler's plant or storage to the point within the Continental United
States or Canada where the rejection occurred and from such point to a
delivery point specified by the Committee shall be the extent of the
indemnification payment.
/2/ Inshell peanuts with not more than 25 percent having shells
damaged by discoloration, which are cracked or broken, or both.
07 CFR 998.300 PART 999 -- SPECIALTY CROPS; IMPORT REGULATIONS
Sec.
999.1 Regulation governing the importation of dates.
999.100 Regulation governing imports of walnuts.
999.200 Regulation governing the importation of prunes.
999.300 Regulation governing importation of raisins.
999.400 Regulation governing the importation of filberts.
Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
07 CFR 999.1 Regulation governing the importation of dates.
(a) Definitions. (1) Dates in retail packages means whole or pitted
dates, other than dates prepared or preserved, wrapped or packaged for
sale at retail.
(2) Dates for packaging means whole or pitted dates in bulk
containers which are to be repacked, in whole or part, in the United
States as dates in retail packages.
(3) Bulk container means any container of dates which, together with
the dates therein, weighs more than ten pounds.
(4) Dates for processing means any dates for use in a bakery,
confectionery, or other product and includes dates coated with a
substance materially altering their color.
(5) Dates prepared or preserved means dates processed into a
confection or other product, dates coated with a substance materially
altering their color, or dates prepared for incorporation into a product
by chopping, slicing, or other processing which materially alters their
form.
(6) Person means any individual, partnership, corporation,
association, or other business unit.
(7) Fruit and Vegetable Division means the Fruit and Vegetable
Division of the Consumer and Marketing Service, United States Department
of Agriculture, Washington, DC 20250.
(8) USDA inspector means an inspector of the Processed Products
Standardization and Inspection Branch, Fruit and Vegetable Division or
any other duly authorized employee of the USDA.
(9) Inspection certificate means a written statement or memorandum
report issued by a USDA inspector setting forth in addition to
appropriate descriptive information the quality and condition of the
product inspected, and in the case of imported dates, a statement of
meeting or failing, as applicable, the U.S. import requirements under
section 8e of the AMA Act of 1937.
(10) Importation means release from custody of United States Bureau
of Customs.
(b) Grade requirements. (1) Except as provided in paragraph (d) of
this section, the importation into the United States of any lot of dates
for packaging or dates in retail packages is prohibited unless the dates
are wholesome and unadulterated and meet the following grade
requirements which are determined to be comparable to those imposed upon
domestic dates handled pursuant to Order No. 987, as amended (Part 987
of this chapter: The whole or pitted dates in the lot are of one
variety, and are of such quality and condition that upon inspection on
the basis of a representative sample thereof, with hydration (of the
sample) in accordance with good commercial practice or without any
hydration, the dates possess a reasonably good color, are reasonably
uniform in size, are reasonably free from defects, possess a reasonably
good character, and score not less than 80 points when scored in
accordance with the scoring system applicable to U.S. Grade B dates, as
prescribed in the U.S. Standards for Grades of Dates ( 52.1001 through
52.1011 of this chapter): Provided, That not more than 25 percent, by
weight, of the dates may possess semidry or dry calyx ends except that
not more than 5 percent, by weight, of the dates may possess dry calyx
ends: And provided further, That in determining the grade for pitted
dates, the pitted dates shall not be scored as damaged because of the
longitudinal slit caused by removing the pit or the mashing resulting
therefrom unless the flesh is seriously torn or mangled.
(2) Compliance with the grade requirements shall be determined on the
basis of an inspection and certification by a USDA inspector.
(c) Inspection and certification requirements -- (1) Inspection.
Inspection shall be performed by USDA inspectors in accordance with the
Regulations Governing the Inspection and Certification of Processed
Fruits and Vegetables and Related Products (Part 52 of this title). The
cost of each such inspection and related certification shall be borne by
the applicant. Applications for inspection shall be made at least 10
days in advance and be accompanied by, or there shall be submitted
promptly thereafter, either an onboard bill of lading designating the
lots to be inspected by USDA inspectors and those to be entered as dates
for processing, or a list of such lots and their identifying marks.
(2) Certification. Each lot of dates inspected in accordance with
paragraph (c)(1) of this section shall be covered by an inspection
certificate. Each such certificate shall set forth, among other things,
the following:
(i) The date and place of inspection.
(ii) The name of the applicant.
(iii) The variety, quantity, and identifying marks of the lot
inspected.
(iv) The statement, if applicable: ''Meets U.S. import requirements
under section 8e of the AMA Act of 1937''.
(v) If the lot fails to meet the import requirements, a statement to
that effect and the reasons therefor.
(d) Exemptions. Notwithstanding any other provisions of this
section, any lot of dates for importation which in the aggregate does
not exceed 70 pounds and any dates that are so denatured as to render
them unfit for human consumption may be imported exempt from the
provisions of this section.
(e) Importation. No person may import dates into the United States
unless he first files with the Collector of Customs at the port at which
the customs entry is filed, as a condition of each such importation,
either an inspection certificate or an executed ''Dates -- Section 8e
Entry Declaration,'' prescribed in paragraph (e)(2) of this section as
Date Form No. 1.
(1) Dates for packaging and dates in retail packages. No person may
import any lot of dates for packaging or dates in retail packages unless
the dates are covered by an inspection certificate containing the
statement as to meeting the requirements set forth in paragraph
(c)(2)(iv) of this section.
(2) Dates for processing and dates prepared or preserved --
importation. Any person may import dates for processing and dates
prepared or preserved exempt from the grade, inspection, and
certification requirements of this section if the importer first files
as a condition of such importation an executed Date Form No. 1 ''Dates
-- Section 8e Entry Declaration.'' The importer shall promptly transmit
a copy of the executed Date Form No. 1 to the Fruit and Vegetable
Division. The following is prescribed as Date Form No. 1:
I certify to the U.S. Department of Agriculture and the Bureau of
Customs that none of the dates being imported and which are identified
below are dates for packaging or dates in retail packages.
1. Name of vessel:
2. Country of origin of dates:
3. Date of arrival:
4. City of arrival:
5. Unlading pier:
6. Entered as dates for processing --
7. Entered as dates prepared or preserved --
I agree to obtain from each person to whom any of the dates listed
under item 6 are delivered, an executed Date Form No. 2 ''Dates for
Processing -- Section 8e Certification of Processor or Reseller'' and to
file the same with the Fruit and Vegetable Division, Consumer and
Marketing Service, United States Department of Agriculture, Washington
25, D.C., not later than the fifth day of the month following the month
in which the dates were delivered.
Dated
Name of firm
Address
Signature
Title
Original -- Collector of Customs.
Copy -- Fruit and Vegetable Division.
Copy -- Food and Drug Administration.
(3) Dates for processing -- Sale by importer. No importer or other
person may import, sell, or use any dates for processing other than for
use as set forth in paragraph (a)(4) of this section or as otherwise
permitted by this section. Each importer of dates for processing shall
obtain from each purchaser, no later than the time of delivery to such
purchaser, and file with the Fruit and Vegetable Division not later than
the fifth day of the month following the month in which the dates were
delivered, an executed ''Dates for Processing -- Section 8e
Certification of Processor or Reseller,'' prescribed in this paragraph
as Date Form No. 2, which form is as follows:
I hereby certify to the U.S. Department of Agriculture that I have
acquired the dates covered by this certification; that I will use or
sell them for use only in bakery, confectionery, or other products as
permitted by the Regulation Governing Importation of Dates (7 CFR
999.1); and that I am: (check one)
---- processor (user of dates for processing) ---- reseller
(dealer in dates for processing)
1. Date of purchase
2. Place of purchase
3. Name and address of importer or seller
4. Dates acquired:
Dated
Name of firm
Address
Signature
Title
Original -- Fruit and Vegetable Division.
Copy -- Purchaser.
(4) Dates for processing -- sale by other than importer. Each
wholesaler or other reseller of dates for processing should, for his
protection, obtain from each purchaser and hold in his files a Date Form
No. 2 certification covering each sale or all sales of a calendar year.
(f) Filing and retention of certificates. The executed Date Form No.
2 ''Dates for Processing -- Section 8e Certification of Processor or
Reseller'' required to be filed pursuant to this section shall be
executed in not less than three copies, of which one shall be filed with
the Fruit and Vegetable Division not later than the fifth day of the
month immediately following the month of delivery of the dates covered
thereby, one shall be retained by the importer and one shall be retained
by the person accepting delivery.
(g) Reclassification. Any dates submitted for importation as dates
for packaging or dates in retail packages that fail to meet the import
requirements of this section may, upon execution of Date Form No. 1
''Dates -- Section 8e Entry Declaration,'' be resubmitted for
importation as dates for processing subject to the limitations of
paragraph (j) of this section. Subsequent to importation, (1) any dates
for processing other than dates that were resubmitted for importation in
accordance with the preceding sentence and (2) any dates for packaging
which through unintentional error were submitted for importation as
dates for processing, either category having been covered by an executed
Date Form No. 1, may if still held by the importer and if certified by
a USDA inspector as meeting the requirements of this section for dates
for packaging, be so reclassified and used. The reclassification to
dates for packaging shall not be applicable to any dates that were
falsely classified, other than through unintentional error, as dates for
processing and submitted as such for importation.
(h) Reconditioning. Nothing contained in this section shall preclude
the reconditioning of failing lots of dates, prior to importation, so
that such dates may be made eligible to meet the grade requirements
prescribed in paragraph (b) of this section.
(i) Books and records. Each person subject to this section shall
maintain true and complete records of his transactions with respect to
imported dates. Such records and copies of executed forms shall be
retained for not less than two years subsequent to the calendar year of
acquisition. The Secretary, through his duly authorized
representatives, shall have access to any such person's premises during
regular business hours and shall be permitted at any such times to
inspect such records and any dates held by such person.
(j) Other restrictions. The provisions of this section do not
supersede any restrictions or prohibitions on the importation of dates
under the Plant Quarantine Act of 1912, the Federal Food, Drug, and
Cosmetic Act, or any other applicable laws or regulations or the need to
comply with applicable food and sanitary regulations of city, county,
State, or Federal agencies.
(k) Compliance. Any person who violates any provision of this
section shall be subject to a forfeiture in the amount prescribed in
section 8a(5) of the Agricultural Marketing Agreement Act of 1937, as
amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674), or,
upon conviction, a penalty in the amount prescribed in section 8c(14) of
said act, or to both such forfeiture and penalty. False representations
to an agency of the United States on any matter within its jurisdiction,
knowing it to be false, is a violation of 18 U.S.C. 1001 which provides
for a fine or imprisonment or both.
(28 FR 3469, Apr. 10, 1963, as amended at 31 FR 960, Jan. 25, 1966;
33 FR 15986, Oct. 31, 1968; 36 FR 6736, Apr. 8, 1971)
07 CFR 999.100 Regulation governing imports of walnuts.
(a) Definitions. (1) Walnuts means all walnuts commonly known as
English or Persian walnuts (Juglans regia).
(2) Inshell walnuts means walnuts, the kernels or edible portions of
which are contained in the shell.
(3) Shelled walnuts means the kernels of walnuts after the shells are
removed.
(4) Person means any individual, partnership, corporation,
association, or other business unit.
(5) USDA Inspector means any Federal or Federal-State inspector of
the Fresh Products Standardization and Inspection Branch of the Fruit
and Vegetable Division, Consumer and Marketing Service, United States
Department of Agriculture.
(6) Importation of walnuts means the release of walnuts from the
custody of the United States Customs Service.
(b) Grade and size regulations. No person may import walnuts
(Juglans regia) into the United States unless such walnuts have been
inspected and certified by a USDA inspector as meeting the following
requirements:
(1) Inshell walnuts. All inshell walnuts shall be of a quality equal
to or better than the requirements of U.S. No. 2 and ''baby'' size as
prescribed in the United States Standards for Walnuts (Juglans regia) in
the Shell ( 51.2945 through 51.2966 of this title); or
(2) Shelled walnuts. All shelled walnuts shall be of a quality equal
to or better than the requirements for U.S. Commercial Grade as
prescribed in the United States Standards for Shelled Walnuts (Juglans
regia) ( 51.2275 through 51.2294 of this title excluding 51.2278(b),
51.2284 and 51.2285) effective January 25, 1959, except that the minimum
size shall be pieces not more than five percent of which will pass
through a round opening 6/64 inch in diameter and no other size
requirements shall apply.
(c) Inspection and certification. (1) All inspections and
certifications required by paragraph (b) of this section shall be made
by USDA inspectors in accordance with the regulations governing the
inspection and certification of fresh fruits, vegetables, and other
products (Part 51 of this title). The cost of inspection and
certification shall be borne by the applicant.
(2) Each inspection certificate shall set forth among other things
the following:
(i) The date and place of inspection;
(ii) The name of the applicant;
(iii) The name of the importer;
(iv) The quantity and identifying marks of the container; and
(v) The statement, if applicable, ''Meets U.S. import requirements
under section 8e of the Agricultural Marketing Agreement Act of 1937''.
(3) Whenever walnuts are offered for inspection, the applicant shall
furnish any labor and pay any costs incurred in moving and opening
containers as may be necessary for proper sampling and inspection. The
applicant shall also furnish the USDA inspector the entry number and
such other identifying information for each lot as he may request.
(4) Inspection must be completed prior to the importation of walnuts.
To avoid delay the applicant should make advance arrangements with the
USDA inspection office.
(d) Reconditioning prior to importation. Nothing contained in this
section shall be deemed to preclude reconditioning walnuts prior to
importation, in order that such walnuts may be made eligible to meet the
grade and size regulations prescribed in paragraph (b) of this section.
(e) Minimum quantity. Notwithstanding any other provision of this
section, the importation of any lot of walnuts which does not exceed, in
net weight, 60 pounds of shelled walnuts or 115 pounds of inshell
walnuts shall be exempt from the requirements of this section.
(f) Other import requirements. The provisions of this section do not
supersede any restrictions or prohibitions on walnuts under the Federal
Plant Quarantine Act of 1912, or any other applicable laws or
regulations of city, county, State, or Federal Agencies including the
Federal Food, Drug and Cosmetic Act.
(g) Compliance. Any person violating any of the provisions of this
regulation is subject to a forfeiture in the amount prescribed in
section 608a(5) of the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), or, upon conviction, a penalty in the amount
prescribed in section 608c(14) of said act, or to both such forfeiture
and penalty. False representations in any matter within the
jurisdiction of any agency of the United States, knowing it to be false,
is a violation of 18 U.S.C. 1001 which provides for a fine or
imprisonment or both.
(29 FR 230, Jan. 9, 1964, as amended at 40 FR 29263, July 11, 1975;
41 FR 2075, Jan. 14, 1976; 42 FR 35146, July 8, 1977)
07 CFR 999.200 Regulation governing the importation of prunes.
(a) Definitions. (1) Prunes means and includes all sun-dried or
artifically dehydrated plums, of any type or variety, produced from
plums, except: (i) Sulfur-bleached prunes which are produced from
yellow varieties of plums and are commonly known as silver plums; and
(ii) plums which have not been dried or dehydrated to a point where they
are capable of being stored prior to packaging, without material
deterioration or spoilage unless refrigeration or other artificial means
of preservation are used, and so long as they are treated by a process
which is in conformity with, or generally similar to, the processes for
treatment of plums of that type which have been developed or recommended
by the Food Technology Division, College of Agriculture, University of
California, for the specialty pack known as ''high moisture content
prunes'', but this exception shall not apply if and when such plums are
dried to the point where they are capable of being stored without
material deterioration or spoilage, refrigeration or other artificial
means of preservation.
(2) Standard prunes means any lot of prunes meeting the grade and
size requirements prescribed in paragraph (b)(1) of this section.
(3) Manufacturing grade substandard prunes means any lot of prunes
which meets the grade requirements prescribed in paragraph (b)(2) of
this section but fails to meet the requirements for standard prunes.
(4) Size means the number of prunes contained in a pound.
(5) Person means any individual, partnership, corporation,
association, or other business unit.
(6) Fruit and Vegetable Division means the Fruit and Vegetable
Division of the Consumer and Marketing Service, U.S. Department of
Agriculture, Washington, DC 20250.
(7) USDA inspector means an inspector of the Processed Products
Standardization and Inspection Branch, Fruit and Vegetable Division, on
any other duly authorized employee of the USDA.
(8) Importation means release from custody of the U.S. Bureau of
Customs.
(9) Undersized prunes means those prunes that pass freely through a
round opening 23/32 of an inch in diameter.
(b) Grade and size requirements. (1) Except as provided in paragraph
(b)(2) of this section or paragraph (d) of this section, no person may
import any lot of prunes into the United States unless the prunes are
inspected and an inspection certificate issued with respect thereto, and
the lot meets the applicable grade requirements specified in exhibit A
of this section and the average count (i.e., number) of the prunes in
such lot is 100 or less per pound. Such grade requirements are the same
as those in effect pursuant to Order No. 993, as amended (Part 993 of
this chapter), regulating the handling of dried prunes produced in
California, and the size requirement is determined to be comparable to
that established under said Order No. 993, as amended. In determining
whether any lot conforms to the size requirement, the following
tolerance shall apply: In a sample of 100 ounces, the count per pound
of 10 ounces of smallest prunes may not vary from the count per pound of
10 ounces of the largest prunes by more than 45 points.
(2) Any person may import any lot of prunes, except any lot
containing undersized prunes, into the United States for use in human
consumption outlets as prune products in which the prunes lose their
form and character as prunes by conversion prior to consumption if the
prunes are inspected and an inspection certificate issued with respect
thereto, and each lot meets the grade requirements set forth in
paragraphs (1), (2), and (3) of Exhibit A of this section, and the
importer first files as a condition of such importation an executed
''Prune Form No. 1 Prunes -- Section 8e Entry Declaration''.
(c) Inspection and certification requirements -- (1) Inspection.
Inspection shall be performed by a USDA inspector in accordance with the
regulations governing inspection and certification of processed fruits
and vegetables, processed products thereof, and certain other processed
food products (Part 52 of this title). The cost of each such inspection
and related certification shall be borne by the applicant.
(2) Certification. Each lot of prunes inspected in accordance with
paragraph (c)(1) of this section shall be covered by an inspection
certificate. Each such certificate shall set forth, among other things,
the following:
(i) The date and place of inspection.
(ii) The name of the applicant.
(iii) The quantity and identifying marks of the lot inspected.
(iv) The statement, as applicable: ''Meets U.S. import requirements
for standard prunes under section 8e of the AMA Act of 1937''; ''Meets
U.S. import requirements for manufacturing grade substandard prunes
under section 8e of the AMA Act of 1937''; or ''Fails to meet U.S.
import requirements for prunes under section 8e of the AMA Act of
1937''.
(v) If the lot fails to meet the import requirements, a statement of
the reason therefor.
(d) Exemptions. Notwithstanding any other provisions of this
section, the importation of any lot of prunes which in the aggregate
does not exceed 150 pounds, net weight, and any prunes that are so
denatured as to render them unfit for human consumption shall be exempt
from the requirements of this section.
(e) Additional requirements -- (1) General. Prior to importation of
any prunes, the person importing such prunes shall file an inspection
certificate with the Collector of Customs at the port at which the
customs entry is filed. In addition, if such prunes are manufacturing
grade substandard prunes, such person shall also file with the Collector
of Customs an executed ''Prunes -- Section 8e Entry Declaration,''
prescribed in paragraph (e)(2) of this section as Prune Form No. 1.
Promptly after such filing, such person shall transmit a copy of this
form to the Fruit and Vegetable Division. No person may import, sell,
or use any manufacturing grade substandard prunes other than for use as
set forth in paragraph (b)(2) of this section. Each person importing
manufacturing grade substandard prunes shall obtain from each purchaser,
no later than the time of delivery to such purchaser, and file with the
Fruit and Vegetable Division not later than the 5th day of the month
following the month in which the prunes were delivered, an executed
''Prunes -- Section 8e Certification of Processor or Reseller,''
prescribed in paragraph (e)(3) of this section as Prune Form No. 2. One
copy of this executed form shall be retained by the importer and one
copy shall be retained by the purchaser.
(2) Prune Form No. 1. The following is prescribed as Prune Form No.
1:
I certify to the U.S. Department of Agriculture and the Bureau of
Customs that none of the manufacturing grade substandard prunes being
imported and which are identified below will be used other than in
manufacturing in which the prunes lose their form and identity as
prunes.
1. Name of vessel:
2. Country of origin of prunes:
3. Date of arrival:
4. City of arrival:
5. Unloading pier:
6. Substandard Prunes Entered:
I agree to obtain from each person to whom any of the manufacturing
grade substandard prunes listed under item 6 are delivered, an executed
Prune Form No. 2 (Prunes -- Section 8e Certification of Processor or
Reseller) and to file the same with the Fruit and Vegetable Division,
Consumer and Marketing Service, U.S. Department of Agriculture,
Washington, D.C. 20250, not later than the 5th day of the month
following the month in which the prunes were delivered.
Dated:
Name of firm:
Address:
Signature:
Title:
(3) Prune Form No. 2. The following is prescribed as Prune Form No.
2:
I hereby certify to the U.S. Department of Agriculture that I have
acquired the manufacturing grade substandard prunes covered by this
certification; that I will use or sell them for use only in
manufacturing in which the prunes lose their form and identity as prunes
as permitted by the Regulation Governing the Importation of Prunes (7
CFR 999.200); and that I am: (check one or both if applicable)
---- processor (user of prunes for manufacturing). ---- reseller
(dealer in prunes for manufacturing).
1. Date of purchase:
2. Place of purchase:
3. Name and address of importer or seller:
4. Prunes acquired:
Dated:
Name of firm:
Address:
Signature:
Title:
(4) Manufacturing Grade Substandard Prune -- sale by other than
importer. Each wholesaler or other reseller of manufacturing grade
substandard prunes should, for his protection, obtain from each
purchaser and hold in his files an executed Prune Form No. 2 covering
each sale during the calendar year.
(f) Reconditioning. Nothing contained in this section shall preclude
the reconditioning of failing lots of prunes, prior to importation, so
that such prunes may be made eligible to meet the grade requirements
prescribed pursuant to paragraph (b) (1) or (2) of this section.
(g) Books and records. Each person subject to this section shall
maintain true and complete records of his transactions with respect to
imported prunes. Such records and copies of executed forms shall be
retained for not less than 2 years subsequent to the calendar year of
acquisition. The Secretary, through his duly authorized
representatives, shall have access to any such person's premises during
regular business hours and shall be permitted at any such times to
inspect such records and any prunes held by such person.
(h) Other restrictions. The provisions of this section do not
supersede any restrictions or prohibitions on the importation of prunes
under the Plant Quarantine Act of 1912, the Federal Food, Drug and
Cosmetic Act, or any other applicable laws or regulations or the need to
comply with applicable food and sanitary regulations of city, county,
State, or Federal agencies.
(i) Compliance. Any person who violates any provision of this
section shall be subject to a forfeiture in the amount prescribed in
section 8a(5) of the Agricultural Marketing Agreement Act of 1937, as
amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674), or,
upon conviction, a penalty in the amount prescribed in section 8c(14) of
said act, or to both such forfeiture and penalty. False representations
to an agency of the United States on any matter within its jurisdiction,
knowing it to be false, is a violation of 18 U.S.C. 1001 which provides
for a fine or imprisonment or both.
A. Defects. Defects are: (1) Off-color; (2) inferior meat
condition; (3) end cracks; (4) fermentation; (5) skin or flesh
damage; (6) scab; (7) burned; (8) mold; (9) imbedded dirt; (10)
insect infestation; (11) decay.
B. Explanation of terms. (1) Off-color means a dull color or skin
differing noticeably in appearance from that which is characteristic of
mature, properly handled fruit of a given variety or type.
(2) Inferior meat condition means flesh which is fibrous, woody, or
otherwise inferior due to immaturity to the extent that the
characteristic texture of the meat is substantially affected.
(3) End cracks means callous growth cracks, at the blossom end of
prunes, aggregating more than three-eighths of one inch ( 3/8'') but not
more than one-half of one inch ( 1/2'') in length.
(4) Fermentation means damage to the flesh by fermentation to the
extent that the characteristic appearance or flavor is substantially
affected.
(5) Skin or flesh damage means growth cracks, splits, breaks in skin
or flesh of the following descriptions:
(a) Callous growth cracks, except end cracks as defined in this
section, aggregating more than three-eighths of one inch ( 3/8'') in
length;
(b) Splits or skin breaks exposing flesh and materially affecting the
normal appearance of the prunes;
(c) Any cracks, splits, or breaks open to the pit;
(d) Healed or unhealed surface or flesh blemishes caused by insect
injury and which materially affect appearance, edibility or keeping
quality.
(6) Scab means tough or thick scab exceeding in the aggregate the
area of a circle three-eighths of one inch ( 3/8'') in diameter or by
unsightly scab of another character exceeding in the aggregate the area
of a circle three-fourths of one inch ( 3/4'') in diameter.
(7) Burned means injury by sunburn or excessive heat in dehydration
to the extent that the characteristic appearance, flavor or edibility of
the fruit is noticeably affected.
(8) Mold means a characteristic fungus growth and is
self-explanatory.
(9) Imbedded dirt means the presence of dirt or other extraneous
material so imbedded in, or adhering to, the prune that it cannot
readily be removed in washing the fruit.
(10) Insect infestation means the presence of insects, insect
fragments or insect remains.
C. Maximum tolerances. Tolerance allowances shall be on a weight
basis and shall not exceed the following:
(1) There shall be no tolerance allowance for live insect
infestation.
(2) The tolerance allowances for decay shall not exceed one percent
(1%).
(3) The combined tolerance allowance for mold, imbedded dirt, insect
infestation, and decay shall not exceed five percent (5%).
(4) The combined tolerance allowance for fermentation, skin or flesh
damage, scab, burned, mold, imbedded dirt, insect infestation, and decay
shall not exceed eight percent (8%).
(5) The combined tolerance allowance for end cracks, fermentation,
skin or flesh damage, scab, burned, mold, imbedded dirt, insect
infestation, and decay shall not exceed ten percent (10%), except that
the first eight percent (8%) of end cracks shall be given one-half value
and any additional percentage of end cracks shall be given full value.
(6) The combined tolerance allowance for off-color, inferior meat
condition, end cracks, fermentation, skin or flesh damage, scab, burned,
mold, imbedded dirt, insect infestation, and decay shall not exceed
fifteen percent (15%), except that the first eight percent (8%) of end
cracks shall be given one-half value and any additional percentage of
end cracks shall be given full value.
(36 FR 18782, Sept. 22, 1971, as amended at 47 FR 47230, Oct. 25,
1982)
07 CFR 999.300 Regulation governing importation of raisins.
(a) Definitions. For purposes of this section:
(1) Raisins means grapes from which a part of the natural moisture
has been removed.
(2) Varietal type means the applicable one of the following:
Thompson Seedless raisins, Muscat raisins, Layer Muscat raisins, Currant
raisins, Monukka raisins, Other Seedless raisins, and Golden Seedless
raisins.
(3) Thompson Seedless Raisins includes those raisins commonly
referred to in international trade as Sultana raisins and means raisins
made from Thompson Seedless (Sultana) grapes and from grapes with
characteristics similar to Thompson Seedless (Sultanina) grapes.
(4) Person means any individual, partnership, corporation,
association, or other business unit.
(5) Fruit and Vegetable Quality Division means the Fruit and
Vegetable Quality Division of the Food Safety and Quality Service, U.S.
Department of Agriculture, Washington, DC 20250.
(6) USDA inspector means an inspector of the Processed Products
Branch, Fruit and Vegetable Quality Division, or any other duly
authorized employee of the U.S. Department of Agriculture.
(7) Importation of raisins means the release of raisins from custody
of the U.S. Customs Service.
(8) Fruit and Vegetable Division means the Fruit and Vegetable
Division of the Agricultural Marketing Service, U.S. Department of
Agriculture, Washington, DC 20250.
(b) Grade and size requirements. The importation of raisins into the
United States is prohibited unless the raisins are inspected and
certified as provided in this section. Except as provided in paragraph
(e)(2) of this section, no person may import raisins into the United
States unless such raisins have been inspected and certified by a USDA
inspector as to whether or not the raisins are of a varietal type, and
if a varietal type, as at least meeting the following applicable grade
and size requirements, which requirements are the same as those imposed
upon domestic raisins handled pursuant to Order No. 989, as amended
(Part 989 of this chapter):
(1) With respect to Thompson Seedless raisins -- the requirements of
U.S. Grade C as defined in the effective United States Standards of
Grades of Processed Raisins ( 52.1841 through 52.1858 of this title):
Provided, That at least 70 percent, by weight, of the raisins shall be
well-matured or reasonably well-matured. With respect to select-sized
and mixed-sized raisin lots, the raisins shall at least meet the U.S.
Grade B tolerances for pieces of stem, and undeveloped and substandard
raisins, and small (midget) sized raisins shall meet the U.S. Grade C
tolerances for those factors;
(2) With respect to Muscat raisins -- the requirements of U.S. Grade
C as defined in said standards;
(3) With respect to Layer Muscat raisins -- the requirements of U.S.
Grade B as defined for ''Layer or Cluster Raisins with Seeds'' in said
standards, except for the provisions therein relating to moisture
content;
(4) With respect to Currant raisins -- the requirements of U.S.
Grade B as defined in said standards;
(5) With respect to Monukka and Other Seedless raisins -- the
requirements for Thompson Seedless Raisins prescribed in paragraph
(b)(1) of this section, except that the tolerance for moisture shall be
19 percent rather than 18 percent;
(6) With respect to Golden Seedless raisins -- the requirements
prescribed in paragraph (b)(1) of this section for Thompson Seedless
raisins and the color requirements for ''colored'' as defined in said
standards.
(c) Inspection and certification requirements. (1) All inspections
and certifications required by paragraph (b) of this section shall be
made by USDA inspectors in accordance with the regulations governing
inspection and certification of processed fruits and vegetables,
processed products thereof, and certain other processed food products
(Part 52 of this title). The cost of each such inspection and
certification shall be borne by the applicant.
(2) Each lot of raisins inspected in accordance with paragraph (c)(1)
of this section shall be covered by an inspection certificate. Each
such certificate shall set forth, among other things, the following:
(i) The date and place of inspection;
(ii) The name of the applicant;
(iii) The name of the importer;
(iv) The quantity and identifying marks of the lot inspected;
(v) The statement, as applicable, ''Meets U.S. import requirements
under section 8e of the AMA Act of 1937'' or ''Fails to meet U.S.
import requirements under section 8e of the AMA Act of 1937''; and
(vi) If the lot fails to meet the import requirements, a statement of
the reasons therefor.
(3) Whenever raisins are offered for inspection, the applicant shall
furnish any labor and pay any costs incurred in moving and opening
containers as may be necessary for proper sampling and inspection. The
applicant shall also furnish the USDA inspector the entry number and
such other identifying information for each lot as he may request. ''To
avoid delay in scheduling the inspection the applicant should make
advance arrangements with the USDA inspection office.''
(d) Reconditioning. Nothing contained in this section shall preclude
the reconditioning of failing lots of raisins prior to importation of
raisins in order that such raisins may be made eligible to meet the
applicable grade and size requirements in paragraph (b) of this section.
(e) Exemptions. (1) Notwithstanding any other provision of this
section, any lot of raisins which in the aggregate does not exceed 100
pounds, net weight, may be imported without regard to the restrictions
of this section.
(2) Any person may import any lot of raisins which does not meet the
applicable grade and size requirements of paragraph (b) of this section
for use in the production of alcohol, syrup for industrial use, or which
does not meet such requirements with respect to mechanical damage or
sugaring for use in the production of raisin paste. Prior to such
importation, such person shall file with the Customs Service Regional
Commissioner or District Director, as applicable, at the port at which
the customs entry is filed an executed ''Raisins -- Section 8e Entry
Declaration'' prescribed in paragraph (e)(2)(i) of this section as
''Raisin Form No. 1''. Promptly after such filing, such person shall
transmit a copy of this form to the Fruit and Vegetable Division. No
person may import, sell, or use any raisins which do not meet the
applicable grade and size requirements of paragraph (b) of this section
other than for use as set forth in this paragraph. Each person
importing raisins, which do not meet the applicable grade and size
requirements of paragraph (b) of this section, for use in the production
of alcohol, syrup for industrial use, or raisin paste shall obtain from
each purchaser, not later than the time of delivery to such purchaser,
and file with the Fruit and Vegetable Division not later than the fifth
day of the month following the month in which the raisins were
delivered, an executed ''Raisins -- Section 8e Certification of
Processor or Reseller,'' prescribed in paragraph (e)(2)(ii) of this
section as ''Raisin Form No. 2.'' One copy of this executed form shall
be retained by the importer and one copy shall be retained by the
purchaser. Each reseller of raisins imported pursuant to this
subparagraph should, for his protection, obtain from each purchaser and
hold in his files an executed Raisin Form No. 2, covering such sales of
such raisins during the calendar year. One copy of this executed form
shall be retained by the reseller and one copy shall be retained by the
purchaser.
(i) Raisin Form No. 1. The following is prescribed as Raisin Form
No. 1.
I certify to the U.S. Department of Agriculture and the Bureau of
Customs that none of the raisins being imported and which are identified
below will be used other than in the production of alcohol, syrup for
industrial use, or raisin paste.
1. Name of vessel:
2. Country of origin of raisins:
3. Date of arrival:
4. City of arrival:
5. Unloading pier:
6. USDA Certificate of Quality and Condition Number:
7. Raisins entered:
I agree to obtain from each person to whom any of the raisins listed
above are delivered, an executed Raisin Form No. 2 ''Raisins -- Section
8e Certification of Processor or Reseller'' and to file the same with
the Fruit and Vegetable Division, Agricultural Marketing Service, U.S.
Department of Agriculture, Washington, D.C. 20250, not later than the
fifth day of the month following the month in which the raisins were
delivered.
Dated:
Name of firm:
Address:
Signature:
Title:
(ii) Raisin Form No. 2. The following is prescribed as Raisin Form
No. 2.
I hereby certify to the U.S. Department of Agriculture that I have
acquired the raisins covered by this certification; that I will use or
sell them for use only in production of alcohol, syrup for industrial
use, or raisin paste, as permitted by the Regulation Governing the
Importation of Raisins (7 CFR 999.300; 37 FR 5282; 13634) and I am
(check one or more if applicable):
---- Producer of alcohol. ---- Producer of syrup for industrial
use. ---- Producer of raisin paste. ---- Reseller.
1. Date of purchase:
2. Place of purchase:
3. Name and address of importer or seller:
4. USDA Certificate of Quality and Condition Number:
5. Raisins acquired:
Dated:
Name of firm:
Address:
Signature:
Title:
(f) Books and records. Each person subject to this section shall
maintain true and complete records of his transactions with respect to
imported raisins. Such records shall be retained for not less than 2
years subsequent to the calendar year of importation. The Secretary,
through his duly authorized representatives, shall have access to any
such person's premises during regular business hours and shall be
permitted at any such time to inspect such records and any imported
raisins held by such person.
(g) Other restriction. The provisions of this section do not
supersede any restrictions or prohibitions on the importation of raisins
under the Federal Plant Quarantine Act of 1912, the Federal Food, Drug
and Cosmetic Act, or any other applicable laws or regulations, or the
need to comply with applicable food and sanitary regulations of city,
county, State, or Federal agencies.
(h) Compliance. Any person violating any of the provisions of this
regulation is subject to a forfeiture in the amount prescribed in
section 8a(5) of the Agricultural Marketing Agreement Act of 1937, as
amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674), or,
upon conviction, a penalty in the amount prescribed in section 8c(14) of
said act, or to both such forfeiture and penalty. False representation
to an agency of the United States in any matter within its jurisdiction,
knowing it to be false, is a violation of 18 U.S.C. 1001 which provides
for a fine or imprisonment or both.
(37 FR 5282, Mar. 14, 1972, as amended at 37 FR 13635, July 12, 1972;
37 FR 23820, Nov. 9, 1972; 41 FR 52646, Dec. 1, 1976; 43 FR 47972,
Oct. 18, 1978; 43 FR 57863, Dec. 11, 1978; 45 FR 65513, Oct. 3, 1980;
47 FR 51731, Nov. 17, 1982; 50 FR 45808, Nov. 4, 1985; 53 FR 34715,
Sept. 8, 1988)
07 CFR 999.400 Regulation governing the importation of filberts.
(a) Definitions. (1) Filberts means filberts or hazelnuts.
(2) Inshell filberts means filberts, the kernels or edible portions
of which are contained in the shell.
(3) Shelled filberts means the kernels of filberts after the shells
are removed.
(4) Person means any individual, partnership, corporation,
association, or other business unit.
(5) USDA inspector means a Federal or Federal-State inspector, Food
Safety and Quality Service, United States Department of Agriculture, or
any other duly authorized employee of the USDA.
(6) Importation means release from custody of the United States
Bureau of Customs.
(b) Grade and size requirements. Except as provided in paragraph (d)
of this section, no person shall import into the United States any lot
of filberts unless the filberts meet the following requirements, which
are identical to those for filberts grown in Oregon and Washington and
handled pursuant to Order No. 982, as amended (7 CFR Part 982):
(1) Inshell filberts. All inshell filberts shall be of a quality
equal to or better than the requirements of U.S. No. 1 grade and medium
size as defined in the U.S. Standards for Filberts in the Shell (7 CFR
Part 51), except that the tolerance for insect injury shall be two
percent. With this modification, the U.S. No. 1 grade, medium size is
identical to the Oregon No. 1 grade, medium size (as defined in the
Oregon Grade Standards Filberts in Shell) and prescribed for inshell
filberts under Order No. 982, as amended.
(2) Shelled filberts. All shelled filberts shall be of a quality
equal to or better than the requirements prescribed in Exhibit A of this
section.
(c) Inspection and certification requirements -- (1) General.
Compliance with the grade and size requirements of paragraph (b) of this
section shall be determined on the basis of an inspection and
certification by a USDA inspector.
(2) Inspection. Inspection shall be performed by USDA inspectors in
accordance with the Regulations Governing the Inspection and
Certification of Fresh Fruits and Vegetables and Related Products (7 CFR
Part 51). The cost of each such inspection and related certification
shall be borne by the applicant. Whenever filberts are offered for
inspection, the applicant shall furnish any labor and pay any costs
incurred in moving and opening containers as may be necessary for proper
sampling and inspection. The applicant shall also furnish the USDA
inspector the entry number and such other identifying information for
each lot as he may request. Inspection must be completed prior to the
importation of filberts. The applicant should make advance arrangements
with the USDA inspection office to avoid delay in scheduling the
inspection.
(3) Certification. Each lot of filberts inspected in accordance with
paragraph (c)(1) of this section shall be covered by an inspection
certificate. Each such certificate shall set forth, among other things,
the following:
(i) The date and place of inspection.
(ii) The name of the applicant.
(iii) The name of the importer.
(iv) The quantity, and identifying marks of the lot inspected.
(v) The statement, if applicable: ''Meets U.S. import requirements
under section 8e of the AMA Act of 1937''.
(vi) If the lot fails to meet the import requirements, a statement to
that effect and the reasons therefor.
(d) Exemptions. Notwithstanding any other provisions of this
section, the importation of any lot of filberts which does not exceed
115 pounds in net weight shall be exempt from the requirements of this
section.
(e) Reconditioning prior to importation. Nothing contained in this
section shall be deemed to preclude reconditioning filberts prior to
importation, in order that such filberts may be made eligible to meet
the applicable grade and size regulations prescribed in paragraph (b) of
this section.
(f) Other restrictions. The provisions of this section do not
supersede the Federal Plant Quarantine Act of 1912, the Federal Food,
Drug, and Cosmetic Act, or any other applicable laws or regulations or
the need to comply with applicable food and sanitary regulations of
city, county, State or Federal agencies.
(g) Compliance. Any person who violates any provision of this
section shall be subject to a forfeiture in the amount prescribed in
section 8a(5) of the Agricultural Marketing Agreement Act of 1937, as
amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674), or,
upon conviction, a penalty in the amount prescribed in section 8c(14) of
said act, or to both such forfeiture and penalty. False representations
to any agency of the United States on any matter within its
jurisdiction, knowing it to be false, is a violation of 18 U.S.C. 1001
which provides for a fine or imprisonment or both.
Filbert kernels or portions of filbert kernels shall meet the
following requirements:
(1) Well dried and clean;
(2) Free from foreign material, mold, rancidity, decay or insect
injury; and
(3) Free from serious damage caused by serious shriveling, or other
means.
In order to allow for variations incident to proper grading and
handling the following tolerances, by weight, are permitted as
specified:
(1) For Foreign Material: 0.02 of one percent, for foreign material.
(2) For Defects: Five percent for kernels or portions of kernels
which are below the requirements of this grade, including not more than
the following: Two percent for mold, rancidity, decay or insect injury:
Provided, That not more than one percent shall be for mold, rancidity,
or insect injury.
(1) Well dried means that the kernels are firm and crisp, not
containing more than 6 percent moisture.
(2) Clean means practically free from plainly visible adhering dirt
or other foreign material.
(3) Foreign material means any substance other than the filbert
kernels, or portions of kernels. (Loose skins, pellicles or corky
tissue which have become separated from the kernels shall not be
considered as foreign material, provided that this material does not
exceed .02 of one percent by weight.)
(4) Serious damage means any specific defect described in this
section, or any equally objectionable variation of any one of these
defects, or any other defects, or any combination of defects, which
seriously detracts from the appearance or the edible or marketing
quality of the individual portion of the kernel or of the lot as a
whole. The following defects shall be considered as serious damage.
(i) Serious shriveling means when the kernel is seriously shrunken,
wrinkled and tough.
(ii) Mold means that there is a visible growth of mold either on the
outside or inside of the kernel.
(iii) Rancidity means that the kernel is noticeably rancid to the
taste. An oily appearance of the flesh does not necessarily indicate a
rancid condition.
(iv) Decay means that any portion of the kernel is decomposed.
(v) Insect injury means that the insect, frass or web is present, or
the kernel or portion of kernel show definite evidence of insect
feeding.
(42 FR 64899, Dec. 29, 1977, as amended at 45 FR 63482, Sept. 25,
1980; 47 FR 12612, Mar. 24, 1982; 48 FR 34015, July 27, 1983)
07 CFR 999.400 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
Title 7 -- Agriculture
Material Approved for Incorporation by Reference
Material Approved for Incorporation by Reference
The Director of the Federal Register has approved under 5 U.S.C.
552(a) and 1 CFR Part 51 the incorporation by reference of the following
publications. This list contains only those incorporations by reference
effective as of the revision date of this volume. Incorporations by
reference found within a regulation are effective upon the effective
date of that regulation. For more information on incorporation by
reference, see the preliminary pages of this volume.
07 CFR 999.400 7 CFR CHAPTER IX (PARTS 900-999)
AGRICULTURAL MARKETING SERVICE, DEPARTMENT OF AGRICULTURE
7 CFR
Federal-State Inspection Service
Hawaii Department of Agriculture, Division of Marketing and Consumer
Services, P.O. Box 22159, Honolulu, HI 96822
Standards of Hawaii grown Papaya, Title 4, subtitle 4, chapter 41,
subchapter 7 (May 29, 1981) 928.313
Oregon Department of Agriculture, Agriculture Bldg., Salem, OR 97310.
Oregon Grade Standards Filberts in Shell (Aug. 25, 1975, Ed.) 982.45;
982.51; 982.453
Oregon Grade Standards for Filberts (Hazelnut) Kernels (July 20,
1976, Ed.) 982.50; 982.101
Washington State Department of Agriculture, 406 General
Administration Building, Olympia, Washington 98504
Washington Administrative Code Chapter 16-436, Standard for Peaches
(effective Octover 18, 1971) 921.318
Chap.
07 CFR 999.400 Table of CFR Titles and Chapters
07 CFR 999.400 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
07 CFR 999.400 Title 2 -- (Reserved)
07 CFR 999.400 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
07 CFR 999.400 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
III General Accounting Office (CASB) (Parts 300 -- 499)
07 CFR 999.400 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Council (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
07 CFR 999.400 Title 6 -- (Reserved)
07 CFR 999.400 Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
07 CFR 999.400 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
07 CFR 999.400 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
07 CFR 999.400 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
07 CFR 999.400 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
07 CFR 999.400 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
07 CFR 999.400 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
07 CFR 999.400 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
07 CFR 999.400 Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
07 CFR 999.400 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
07 CFR 999.400 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
07 CFR 999.400 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
07 CFR 999.400 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
07 CFR 999.400 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
07 CFR 999.400 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
07 CFR 999.400 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
07 CFR 999.400 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
07 CFR 999.400 Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
07 CFR 999.400 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
07 CFR 999.400 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
07 CFR 999.400 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
07 CFR 999.400 Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
07 CFR 999.400 Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200-1299)
XII Federal Mediation and Conciliation Service (Parts 1400-1499)
XIV Equal Employment Opportunity Commission (Parts 1600-1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
07 CFR 999.400 Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
07 CFR 999.400 Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
07 CFR 999.400 Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200-1299)
XVI Selective Service System (Parts 1600-1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
07 CFR 999.400 Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
07 CFR 999.400 Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
07 CFR 999.400 Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
07 CFR 999.400 Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900-999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
07 CFR 999.400 Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400-499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
07 CFR 999.400 Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
07 CFR 999.400 Title 39 -- Postal Service
I United States Postal Service (Parts 1-999)
III Postal Rate Commission (Parts 3000 -- 3099)
07 CFR 999.400 Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500-1599)
07 CFR 999.400 Title 41 -- Public Contracts and Property Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
07 CFR 999.400 Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
07 CFR 999.400 Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
07 CFR 999.400 Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
07 CFR 999.400 Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Family Support
Administration, Department of Health and Human Services (Parts 200 --
299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Family Support Administration, Department of Health and Human
Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Family Support Administration,
Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Family Support Administration,
Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XX Commission on the Bicentennial of the United States Constitution
(Parts 2000 -- 2099)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (2200 --
2299)
07 CFR 999.400 Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
07 CFR 999.400 Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
07 CFR 999.400 Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900-9999)
07 CFR 999.400 Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Urban Mass Transportation Administration, Department of
Transportation (Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
07 CFR 999.400 Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
07 CFR 999.400 CFR Index and Finding Aids Subject/Agency Index
List of Agency Prepared Indexes Parallel Tables of Statutory Authorities
and Rules Acts Requiring Publication in the Federal Register List of CFR
Titles, Chapters, Subchapters, and Parts
07 CFR 999.400 Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Reduction in Meeting and Training Allowance Payments 41, 304
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Office of Navajo and Hopi Indian Relocation 25, IV
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Reduction in Meeting and Training Allowance Payments 41, 304
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowance 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
07 CFR 999.400 7 CFR (1-1-92 Edition)
07 CFR 999.400 List of CFR Sections Affected
07 CFR 999.400 List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of CFR Sections
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven
separate volumes.
07 CFR 999.400 1986
7 CFR
51 FR
Page
Chapter IX
905 Budget of expenses 8790, 44590
Limitation of handling 15751,
19534, 44264, 44446
905.114 Added 7053
905.306 (a) Table I amended 40782
906.340 (a)(1)(ix) added; (a)(3) amended 41070
906.365 (c) added 41070
907 Limitation of handling 189,
1245, 2669, 3167, 3937, 5035, 5702, 6217, 7245, 7547, 7913, 37902,
39738, 40778, 41296, 42079, 43169, 43871, 44757, 45447, 46851, 47204
Budget of expenses 8790
907.100 (i) added 11421
907.106 Undesignated center heading and section added 11421
907.142 (a) revised 11421
907.173 Undesignated center heading and section added 11421
908 Budget of expenses 8790
Limitation of handling 18875,
19535, 19747, 20646, 21726, 22496, 22796, 23405, 24643, 25189, 25991,
26685, 27816, 28509, 29209, 30051, 30837, 31759
908.100 (i) added 11421
908.102 (a) (2) and (3) revised 9627
908.106 Undesignated center heading and section added 11422
908.142 (a) revised 11422
908.173 Undesignated center heading and section added 11422
910 Limitation of handling 32424,
33240, 34197, 35347, 36381, 36996, 37703, 39738, 40779, 41296, 42080,
43170, 43872, 44758, 45447, 46593
910.153 (e) (2) and (3) amended; interim; eff. to 7-31-87 28060
(e)(2) and (3) amended; final 39854
910.180 (d)(3) added; interim; eff. to 7-31-87 28060
(d)(3) added; final 39854
911 Budget of expenses 25992
911.111 Added; interim 10536
911.329 (a)(2) (i) through (v) removed; new (a)(1)(i) added; (a)(2)
(vi) through (xii) redesignated as (a)(2) (ii) through (viii) 27517
912 Budget of expenses 8790
913 Budget of expenses 8790
913.114 Added 7054
915 Limitation of handling; interim 18566
Limitation of handling corrected 20955
Budget of expenses 25992
916 Budget of expenses 8790, 36997
916.356 (a)(2), (3) and (4) revised 11901
(a)(4) introductory text correctly revised 19748
917 Budget of expenses 8790, 36997
917.454 (a)(1) and (2) and (d) revised 16671
917.459 (a)(4) introductory text and (iii) and (5) revised 11901
(c)(3) correctly revised 19748
917.460 Revised 16672
(b) Table I amended 24807
918 Budget of expenses 16003
918.325 Revised; interim 16814
Confirmed 27518
919 Budget of expenses 36997
920 Budget of expenses 36998
920.155 Revised 33564
920.302 (a)(2) revised; (a)(3) amended 33564
921 Budget of expenses 25992
922 Budget of expenses 25992
923 Budget of expenses 25992
923.322 (b)(1) and (c)(1) revised; interim 23040
Confirmed 29210
924 Budget of expenses 25992
925 Budget of expenses 16003
Budget of expenses corrected 25850
925.304 Revised 12501
Introductory text revised 13209
Introductory text corrected 16285
926 Limitation of handling; interim 29448
Budget of expenses 36998
927 Budget of expenses 16003
927.4 Revised 30626
927.9 Revised 30626
927.11 (e) revised; (f) removed 30626
927.13 Added 30626
927.20 Revised 30626
927.26 Revised 30626
927.27 Revised 30627
927.33 (a) revised 30627
927.36 Added 30627
927.41 Revised 30627
927.47 Revised 30627
927.52 Revised 30627
927.78 (c) and (d) revised; (e) added 30627
928 Budget of expenses 8790
928.106 Added 35342
928.215 Removed 35342
928.216 Added (temporary) 35343
930 Removed; eff. 4-30-87 36382
Budget of expenses 36998
932 Budget of expenses 8790, 36998
932.153 Revised 28923
944 Limitation of handling; interim 18568, 29448
944.312 (g) added 41071
944.503 Added 12502
(a)(3) revised 13209
945 Budget of expenses 25992
947 Budget of expenses 25992
948 Limitation of handling; interim 25851
Budget of expenses 25992, 36998
953 Budget of expenses 25992
958 Budget of expenses 36998
959 Limitation of handling 7548
966 Limitation of handling 41074
966.32 (b) redesignated as (c); new (b) added 30474
966.42 (e) added 30474
966.45 Added 30474
966.48 Revised 30474
967 Budget of expenses 25993
Limitation of handling 33871
971 Limitation of handling 2
979 Budget of expenses 7054
979.304 (e)(4) added 16004
981 Marketing percentages 7742, 24808
Budget of expenses 36998
981.48 Suspended in part 24810
981.442 (a)(4) revised 36383
981.466a Added (temporary) 30204
981.474 (d) correctly added 9763
982 Marketing percentages 3938, 17318
982.9 Removed 29546
982.10 Removed 29546
982.16 Revised 29546
982.17 Revised 29546
982.30 Revised 29546
982.31 Revised 29547
982.32 Revised 29547
982.33 Revised 29547
982.34 Revised 29547
982.36 Revised 29548
982.37 (a) and (b) revised 29548
982.40 Revised 29548
982.41 Revised 29548
982.51 Revised 29548
982.52 (b) and (d) revised 29549
982.54 (a) and (c) revised 29549
982.57 Revised 29549
982.58 Undesignated center heading and section added 29549
982.61 Amended 29550
982.64 Added 29550
982.69 Amended 29550
982.71 Amended 29550
982.86 (b) (3) and (4) redesignated as (b) (4) and (5); new (b)(3)
added 29550
984 Budget of expenses 25993
985 Marketing percentages 15300
Budget of expenses 25993
985.153 (c)(2) revised 45450
987 Budget of expenses 7054, 44590
987.112a (c)(2) and (d)(2) revised 4478
989 Marketing percentages 9629
989.67 (j) temporarily suspended in part 3764
989.156 (d), (g) heading, (h), (k), and (p) revised 15302
989.211 (a) and (c) revised 40123
991 Reinstated and revised 27401
Removed 32780
Budget of expenses; expires 10-31-86 44590
991.36 -- 991.38 Suspended 4887
991.39 -- 991.41 Suspended 4887
991.45 -- 991.46 Suspended 4887
991.132 Suspended 4887
991.138 Suspended 4887
991.139 Suspended 4887
991.139a Suspended 4887
991.141 Suspended 4887
991.146 Suspended 4887
991.205 Suspended 4887
991.219 Suspended 4887
991.220 Suspended 4887
991.231 Correctly revised 28803
993 Budget of expenses 36998
07 CFR 999.400 1987
7 CFR
52 FR
Page
Chapter IX
900 Technical correction 20591
900.700 -- 900.707 (Subpart) Added 13630
Removed 44969
905 Limitation of handling 10028
Limitation of handling; interim 19718, 41400
Limitation of handling confirmed 33218
906 Budget of expenses 1899, 41696
907 Limitation of handling 240,
757, 1901, 2509, 2981, 3787, 4763, 5273, 5938, 6952, 7820, 9111,
9797, 10728, 11615, 12511, 41693, 42269, 42631, 43723, 44591, 45444,
46061, 46983, 48080, 48793
Budget of expenses 3412
907.102 (a)(2) and (3) introductory text and (viii) revised 2984
907.104 Revised 2984
907.106 Revised; eff. 1-11-88 46738
907.930 Added 3215
Removed 16370
908 Budget of expenses 3412
Limitation of handling 7821, 19278
908.104 Revised 2984
908.106 Revised; eff. 1-11-88 46738
910 Limitation of handling 241,
758, 1901, 2510, 2985, 3788, 4764, 5274, 5939, 7115, 8058, 9111,
9798, 10729, 11616, 12512, 13632, 15937, 17388, 18339, 19276, 20381,
21241, 22438, 23265, 23936, 25201, 25965, 26944, 27782, 28536, 29371,
30657, 31601, 32530, 33572, 34631, 35395, 36215, 37128, 38073, 38745,
39611, 41694, 42632, 43724, 44592, 45445, 46061, 46984, 48081, 48794
Limitation of handling comment time extended 33224
Budget of expenses 41696
910.180 (d)(3) amended 18902
911 Budget of expenses 46345
911.20 (a) amended 7117
911.22 (b)(3) revised 7117
911.48 (a)(1) amended 7117
911.64 (c) revised; (d) redesignated as (e) and republished; new
(d) added 7117
Budget of expenses 1899
911.111 Revised 759, 24134
911.311 (a)(5) Table 1 revised 4598
911.329 (a)(2)(ix) added 1314
(a)(2)(vii) amended 4598
912 Budget of expenses 1900
Removed 21242
913 Budget of expenses 1900
Removed 37763
915 Limitation of handling 2101
Budget of expenses 46345
915.20 (a) amended 7118
915.22 (b)(3) revised 7118
915.64 (c) revised; (d) redesignated as (e) and republished; new
(d) added 7118
915.305 (a)(1) amended; (a)(2) amended; (a)(3), (5), (6), and (7)
removed; (a)(4) and (8) through (16) redesignated as (3) through (12);
new (a)(5) revised 4598
915.332 Added 19833
916 Budget of expenses 31375
916.356 (a)(2) introductory text, (3) introductory text and (ii), and
(4) revised; (a) (5), (6), and (7) added 15487
(a)(4) corrected 17504
917 Budget of expenses 5738, 31375
917.121 Revised 12513
917.454 (b)(4) removed; (b)(5) redesignated as (b)(4) 15488
917.459 (a)(2) introductory text, (4), and (5) revised 15488
917.460 (b) and (c) revised 15488
918 Budget of expenses 23015
918.325 Revised 21496
918.326 Removed 21495
919 Budget of expenses 41696
920 Budget of expenses 41697
920.160 (c) added 37130
920.302 (a)(1) revised; (a) (3) and (4) redesignated as (a) (4) and
(5); new (a)(3) added 37130
921 Budget of expenses 31376
922 Budget of expenses 41697
923 Budget of expenses 31376
923.322 (a) (2) and (3), (b)(2)(ii), and (c)(1) Table and (2) amended
20382
924 Budget of expenses 31376
925 Budget of expenses 11617
925.112 (Subpart) Added 27538
925.304 Introductory text revised 8870, 24444
(b)(1)(vi) redesignated as (b)(1)(vii); new (b)(1)(vi) added 20383
926 Budget of expenses 41697
926.324 Revised 31978
927 Budget of expenses 1900, 11617, 41697
928 Budget of expenses 41697
928.121 Added 15489
929 Budget of expenses 1899, 3412, 41697
929.153 (a) and (d) revised 5528
(a) revised 25202
931 Budget of expenses 1900, 31376
932 Budget of expenses 5737
932.121 Added 12135
932.125 Added 12135
932.145 Removed 7403
932.151 (g) added; interim 38224
Confirmed 49346
932.152 (f) and (g) revised; interim 38224
Confirmed 49346
932.153 Revised; interim 38223
Confirmed; (b)(3) amended 49346
944.31 Added 19835
944.401 (b) (3) and (12) introductory text revised; (b)(12) (i)
through (x) amended; interim 38225
Confirmed 49346
944.503 (a)(3) revised 8870
(a)(3) revised; (e) added 31979
944.605 Revised 31979
945 Limitation of handling 5530, 41695
Budget of expenses 31376
946 Budget of expenses 1900, 31376
Limitation of handling 15490
Limitation of handling; interim 41947
946.25 (c) amended 13070
946.104 (a)(5) revised 13070
947 Limitation of handling 7120
Budget of expenses 31376
948 Limitation of handling; interim published at 51 FR 25850
confirmed 7269
Budget of expenses 23015, 31376
948.103 Revised 12515
948.104 Revised 12515
948.150 Added 12515
953 Budget of expenses 23015
958 Budget of expenses 41697
959 Budget of expenses 5737, 24281
Limitation of handling 19281
Limitation of handling corrected 20192
966 Budget of expenses 1900, 41697
966.323 Revised 46347
967 Budget of expenses 25203
Marketing percentages 37131
971 Budget of expenses 5738
979 Budget of expenses 5738
979.304 (a) revised 17390
980.116 Removed 19281
980.117 (a)(1)(ii), (2), and (b)(1) revised 8872
(a)(2) and (b) (1) and (2) revised 19281
981 Marketing percentages 39903
Budget of expenses 45611
981.441 (d)(1)(iii) added 13428
(c)(4) (i) and (ii) and (d)(1)(i)(F) revised 37926
(e) added 45611
981.442 (a)(4) amended 45608
982 Budget of expenses 1900, 41698
Marketing percentages 17392
984 Budget of expenses 1900, 41698
985 Marketing percentages 9452
Budget of expenses 25203
987.112a (b)(3) (i) and (ii) amended 35530
989 Budget of expenses 1900, 41698
Marketing percentages 16233
989.212 (a) and (c) and note revised 12516
989.213 Revised 32776
993 Budget of expenses 27985
07 CFR 999.400 1988
7 CFR
53 FR
Page
Chapter IX
900.14 Heading and (a) revised 15659
900.601 (a) and (b) table (OMB numbers) amended 15659
905 Budget of expenses 401, 24251
Limitation of handling at 52 FR 41400 confirmed 862
905.306 (a) Table I and (b) Table II amended; interim 17171
(a) Table I and (b) Table II amendment confirmed 26587
(a) Table I amended; interim 47662, 49294
906 Budget of expenses 41560
906.137 (a) revised; interim 40398
Regulation at 53 FR 40398 confirmed 50916
906.340 (a) introductory text and (1) revised; interim 37729
(a) introductory text and (3) revised; interim 40398
(a)(1) (vi) and (vii) corrected 43319
(a) introductory text and (1) revision confirmed 49844
Regulation at 53 FR 40398 confirmed 50916
907 Limitation of handling 7,
491, 1333, 1741, 2579, 3329, 4107, 4955, 5751, 6969, 7879, 8865,
49649, 50510, 51744
Budget of expenses 7329
907.19 Added 34028
907.20 Revised 34028
907.21 Revised 34028
907.22 Revised 34029
907.23 Revised 34030
907.24 Revised 34030
907.26 Revised 34030
907.27 Revised 34030
907.29 (n) removed 34030
907.30 Heading revised 34030
907.102 Revised; interim 34025
907.104 Removed 34030
907.109 Added 14777
907.141 Revised 12372
908 Budget of expenses 7329
908.19a Added 34030
908.20 Revised 34030
908.21 Revised 34031
908.22 Revised 34031
908.23 Revised 34032
908.24 Revised 34032
908.26 Revised 34032
908.27 Revised 34032
908.29 (n) removed 34033
908.30 Heading revised 34033
908.102 Revised; interim 34025
908.104 Removed 34033
908.109 Added 14777
908.141 Revised 12372
910 Limitation of handling 8,
492, 1334, 1742, 2580, 3330, 4108, 4956, 5752, 6969, 7491, 7880,
8866, 9759, 10528, 11636, 12509, 13243, 15360, 16243, 17011, 18073,
19744, 20599, 21792, 22647, 23752, 24929, 26034, 26752, 27665, 28630,
29441, 30423, 31649, 32595, 34033, 35197, 35992, 37281, 38708, 39444,
40206, 41560, 41561, 43674, 44002, 44585, 45754, 46603, 47800, 48632,
49651, 50511, 51745
Technical correction 2669
Budget of expenses 37542
910.29 Suspended in part 8423
910.159 (c) added; interim 45753
911 Budget of expenses 21625
911.111 Existing text designated as (a); new (b) added 1743
911.311 (a)(4) revised; interim 403, 11832
Confirmed 22126
911.329 (a)(1) and (2)(v) amended; (a)(2) introductory text revised;
(a)(2) (viii) and (ix) redesignated as (a)(2) (x) and (viii); new
(a)(2)(ix) added; interim 403
(a)(2) introductory text republished; (a)(2)(v) revised; interim
11831
(a)(1) corrected 13217
Confirmed 22126
915 Budget of expenses 21625
915.150 (d) added 1743
915.332 (a)(2) Table I revised; interim 20601
(a)(2) Table I revision confirmed 30974
916 Budget of expenses 27153
916.110 (b)(3) revised 15194
916.356 Revised; interim 19232
(a)(1)(i) table corrected 22609
917 Budget of expenses 6129,
11832, 27153, 29876
917.143 (b)(3) revised 15194, 18818
917.459 Revised; interim 19238
917.460 Revised; interim 19224
918 Budget of expenses 21625
919 Budget of expenses 27153
920 Budget of expenses 18073, 33804
920.110 (b)(2) revised 34035
920.302 (a) introductory text revised; (c) added 34035
(a) (2), (4) and (b) revised 48513
921 Budget of expenses 24018
922 Budget of expenses 24018
923 Budget of expenses 21625
924 Budget of expenses 24018
925 Budget of expenses 6573
925.304 (a) revised; eff. 4-20-89 22128
926 Budget of expenses 35993
927 Budget of expenses 7881, 29442
928 Budget of expenses 24251
928.11 Revised 864
928.20 Revised 864
928.21 Revised 864
928.22 (a) removed; (b) redesignated as (a); new (a)(1) amended;
new (b) added 864
928.23 Revised 864
928.24 Revised 864
928.26 Revised 864
928.31 (o) revised 864
(o) corrected 44551
928.32 (a) revised 864
928.41 (b) amended 864
928.52 (a) (3) and (4) revised 865
928.55 (c) added 865
928.64 Revised 865
929 Budget of expenses 29444
929.101 Revised 12374
929.105 Revised 12374
929.153 (a) revised 24677
929.160 (c) revised 12374
931 Budget of expenses 34480
932 Budget of expenses 2824, 34480
932.153 Revised; interim 33101
Regulations at 53 FR 33101 confirmed 48515
944.31 Provisions eff. 6-9-88 20599
944.401 (b)(12) introductory text revised; interim 33102
Regulations at 53 FR 33102 confirmed 48515
944.503 (a)(1) revised; eff. 4-20-89 22128
945 Budget of expenses 26753
945.21 Revised 3188
945.25 (a) and (c) revised; (e), (f) and (g) redesignated as (g),
(e) and (f); new (g) revised 3188
945.27 Revised 3189
945.31 Revised 3189
945.44 Heading, (a) and (b) revised; introductory text removed 3189
945.83 (d) redesignated as (e); new (d) added 3189
945.341 (d)(4) added 48634
946 Budget of expenses 11043
946.336 Revised 8143
(a)(2)(i) and (f) revised 21794
947 Budget of expenses 24929
947.340 Revised 2996
(b) revised; interim 31651
(b), (h) (1) and (2) revised; eff. 1-5-89 49114
948 Budget of expenses 22470, 29640
948.150 (a) corrected 4498
948.386 Introductory text, (a) (1) and (3), (b) and (h) revised 8147
953 Budget of expenses 18973
958 Budget of expenses 18973
958.328 Introductory text revised; (a)(1)(i) and (ii) and (3)(i)
amended; (b) through (g) redesignated as (c) through (h); new (b)
added; new (g) amended 32597
959 Budget of expenses 401, 18074
959.115 Added 7330
966 Budget of expenses 43848
966.323 Introductory text and (f) revised; (a)(1) amended 3191
967 Budget of expenses 29444
Limitation of handling 36954
971 Budget of expenses 401, 50202
979 Budget of expenses 4957
979.304 (a)(3) removed; (a)(4) redesignated as new (a)(3) 4958
981 Budget of expenses 12376, 43850
Marketing percentages 28631
Limitation of handling 29223
Marketing percentages corrected 34035
981.442 (a)(7) added 26424
982 Marketing percentages 8424
Budget of expenses 21626
Budget of expenses corrected 34480
984 Marketing percentages 9597
Budget of expenses 45755
985 Marketing percentages 6130, 38283
Budget of expenses 18819
Marketing percentages; interim 31282
987 Budget of expenses 402,
18974, 19880
987.105 Revised 39226
987.112a (d)(3) amended; (f) removed; (g) and (h) redesignated as
(f) and (g) 35994
987.152 (b)(2) amended 35994
987.161 (c) amended 35994
987.164 Heading revised; text amended 35995
989 Marketing percentages; interim 9429
Marketing percentages confirmed 19880
Budget of expenses 50203
989.110 (h) revised; (i) added 34714
989.156 (a) redesignated as (a)(1) and revised; (h) (1) and (3) and
(m) revised; (a)(2) added; (b), (h)(2), (i) and (k) amended 4960
(a)(1) amended 34714
989.210 Revised; interim 31831
(a) amended 34714
Revised 49296
989.211 Removed; interim 31831
Removed 49296
989.212 (a) revised; interim 31832
(a) amended; (b) heading revised 34714
(a) revised 49296
989.213 (a) revised; interim 31823
(a) amended; (b) heading, (c) heading and (d) heading revised 34715
(a) revised 49296
989.401 (a)(1) revised; interim 31832
(a) revised 49297
989.701 (a) introductory paragraph revised 34715
989.702 (c) revised 34715
993 Budget of expenses 29445
998 Added 20291
Budget of expenses 22471
998.100 (b)(1) and (d) revised 26757
998.200 (a) revised 26758
998.300 (v) revised 26758
999.300 (a)(2) and (b)(5) revised 34715
07 CFR 999.400 1989
7 CFR
54 FR
Page
Chapter IX
905 Budget of expenses 29318
905.9 Revised 37292
905.15 Revised 37292
905.16 Introductory text revised 37292
905.19 Revised 37293
905.41 (c) added 37293
905.52 (a) (3), (4), (5) and (d) revised 37292
905.83 (c) redesignated as (d); new (c) added 37293
905.306 Regulation at 53 FR 47662 confirmed 5406
Regulation at 53 FR 49294 confirmed 5584
(a) and (b) revised; interim 46597
Table I amended; interim 21409, 46598
Regulations at 54 FR 21409 confirmed 30713
Tables I and II amended 48574
905.400 Revised; interim 46597
906 Budget of expenses 46599, 51737
906.120 (b) revised 18095
906.123 (b) revised 18095
906.340 (a)(1)(ix) redesignated as (a)(1)(xi); (a)(1)(iii) and new
(xi) revised; new (a)(1) (ix) and (x) added; interim 41585
906.365 (a) introductory text, (2), (4) and (b) revised; (c) removed
3421
Regulation at 53 FR 3421 eff. 2-1-90 41584
907 Limitation of handling 1,
803, 1325, 3422, 4253, 5407, 6503, 7171, 7172, 8181, 9025, 10137,
10535, 10971, 11159, 11936
Budget of expenses 7926,
46539, 47194, 47756, 48737, 49747, 50607, 51352, 52763
907.102 (a)(1) and (3) revised; (c) introductory text republished;
interim 49263
907.142 Revised 24322
908 Budget of expenses 7926
908.102 (a) introductory text republished; (a)(1) and (3) revised;
interim 49264
908.142 Revised 24322
910 Limitation of handling 2,
804, 1326, 3423, 4254, 5407, 6382, 7173, 8182, 9026, 10138, 11160,
12183, 13160, 14050, 14925, 16097, 18272, 19347, 20512, 21595, 22739,
23951, 24667, 25565, 26724, 27627, 28796, 29701, 30535, 31321, 32035,
32951, 34134, 35315, 36752, 37449, 38373, 38962, 40369, 41433, 42287,
43039, 43799, 46361, 47195, 47758, 48739, 49747, 50479, 50609, 51354,
52765
Budget of expenses 39981
910.159 (c) added 13159
911 Budget of expenses 15169, 35452
911.329 Heading revised; (a)(2)(x) redesignated as (a)(2)(xi); new
(a)(2)(x) added 46714
911.344 Heading, (a) introductory text, (2), and (b) revised 46840
915 Budget of expenses 15169
915.332 (a)(2) Table I revised; interim 24324
Regulation at 54 FR 24324 confirmed; (a)(2) Table I amended 36957
916 Budget of expenses 30365
916.350 (a)(1) and (b) amended; (a)(8) revised 27860
916.356 Regulation at 53 FR 19226 and 22609 confirmed; (a)(1)(i)
introductory text revised; (a)(1)(iv) amended 12423
(a)(2) introductory text and (3) introductory text revised; interim
18097
(a) table, (1) (iii), (iv), (4), and (5) amended 27861
917 Budget of expenses 30365, 33668
917.120 Added 29322
917.442 (a)(1) and (b) amended; (a)(9) revised 27861
917.454 (a)(5) revised; interim 24668
(a)(1) and (d) amended; (a)(2), (5), and (8) revised 27861
Regulation at 54 FR 24668 confirmed 35868
917.459 Regulation at 53 FR 19234 confirmed; (a)(1)(i) revised;
(a)(1)(iv) amended; (a) Table I and (4) corrected 12431
(a)(1) (iii), (iv), (2), (4), (5) and Table 1 amended; (a)(6) added
27861
917.460 Regulation at 53 FR 19224 confirmed; (a)(2) revised;
(a)(3)(iii) amended 12427
(a)(3) (ii), (iii) Tables I and II and (b) amended 27861
917.461 (a) introductory text, (l) and (b)(3) revised; (b)(5) added;
interim 32796
Regulation at 54 FR 32796 confirmed 46715
918.226 Added 24888
919 Budget of expenses 20513, 50480
919.111 Revised 5585
920 Budget of expenses 38964
920.112 Added 46716
920.302 (a)(1) amended; (a)(4) (ii), (iii) and (b) revised 41436
921 Budget of expenses 29319
922 Budget of expenses 29319
922.321 (a)(1) revised; interim 26186
Regulation at 54 FR 26185 confirmed 37294
923 Budget of expenses 29319
924 Budget of expenses 29319
925 Budget of expenses 15170
926 Budget of expenses 34483, 46600
927 Budget of expenses 12583, 38199
Heading revised 38201
928 Budget of expenses 29318
928.120 Revised 20516
928.122 Added 20516
929 Budget of expenses 37295
929.153 (a) revised 29324
931 Budget of expenses 38201
932 Budget of expenses 5586, 38201
932.129 (a)(1)(iv) redesignated as (a)(1)(v); new (a)(1)(iv) added
46222
932.153 Revised; interim 36959
Regulation at 54 FR 36959 confirmed 46842
944.401 (b)(12) introductory text revised; interim 36959
Regulation at 54 FR 36959 confirmed 46842
945 Budget of expenses 31798
946 Budget of expenses 13835
946.336 (Subpart) Heading added; introductory text, (a)(2)(i), (c),
and (d)(7) revised 27864
(g) redesignated as (g)(1); (g)(2) added 41586
947 Budget of expenses 32434
947.340 (b)(3) and (h)(3) revised 46718
948 Budget of expenses 29325, 33495
948.386 (a)(1) revised 806
(a) (2) and (3) revised; interim 962
Regulations at 54 FR 962 confirmed 11491
(a)(5) revised; (a)(6) added 46603
949 Added 23636
953 Budget of expenses 24541
955 Added; interim 10973
Budget of expenses; interim 13667
Budget of expenses 46603
Regulation at 54 FR 13667 confirmed 19348
955.101 Added; interim 18648
Regulation at 54 FR 18648 confirmed 29326
958 Budget of expenses 29325
959 Budget of expenses 6863. 53039
959.322 Introductory text revised; (i) amended 8520
966 Budget of expenses 46604
966.323 (a)(3)(i) revised; interim 51297
967 Budget of expenses 35317
Limitation of handling 37635
967.141 (a) revised 35317
971 Budget of expenses 48740
971.322 Introductory text revised; (a)(4) and (5) redesignated as
(a)(5) and (6); new (a)(4) and (b)(3) added 8183
(a)(6) redesignated as (a)(7); new (a)(6) and (b)(4) added 46843
979 Budget of expenses 4753
979.304 Amended 13507
980.1 (e) revised 22577
980.117 (a)(2), (b) (1) and (2) revised 8520
981 Marketing percentages 3584
Referendum order 30713
Budget of expenses 46605
981.236 Revised 31504
981.441 (d)(1)(i)(F) redesignated as (d)(1)(i)(G); new (d)(1)(i)(F)
added 5409
(c)(3)(i) and (e) revised; (c)(6)(v) redesignated as (c)(6)(vi);
new (c)(6)(v) added 6866
981.442 (a)(5) amended 31502
981.474 (e) added 5409
982 Marketing percentages 13509
Budget of expenses 24542
982.432 Removed 46720
982.446 Revised 46720
982.450 Revised 46720
982.452 Heading, (a)(1) (i) through (iii), (2), and (b) revised 46721
982.453 Revised 24328
982.454 Revised 46721
982.455 Revised 46721
982.456 Revised 46721
982.457 Removed 46721
982.460 (b) amended; (c) revised 46721
982.466 Revised 46721
982.468 Revised 46721
982.471 Revised 46721
984 Budget of expenses 19542, 50481
985 Marketing percentages; regulation at 53 FR 38281 confirmed 964
Marketing percentages 9768, 13513
Marketing percentages; interim 13513
Marketing percentages; regulation at 54 FR 13513 confirmed 26729
Budget of expenses 11492
985.209 Revised; interim 37935
Regulation at 54 FR 37935 confirmed 49267
987 Budget of expenses 19543, 35318
989 Marketing percentages 19350
Authority citation revised 43041
Budget of expenses 50232
989.29 (b) (2) and (4) revised 34137
989.39 Revised 34137
989.54 (a) amended 24670
989.56 (a) and (c) revised 34137
989.66 (b)(4) revised 34138
989.67 (g) revised 34138
989.154 Added 24670
989.156 (k) amended 9416
989.166 (a) removed; (b) (1), (2), (c) (1) through (3), and (d)
through (f) redesignated as (a) (1), (2), (b) (1) through (3), and (c)
through (e) 29327
989.213 (b), (c) and (d) revised 43041
989.221 Revised; interim 34485
Revised 46723
989.241 Marketing percentages; interim 7927
989.401 (a)(1) and (b) revised 35636
989.601 Revised 41587
993 Budget of expenses 36960
998 Budget of expenses 22577
998.36 Designation and heading correctly added 227
998.100 Heading revised; interim 25441
Regulation at 54 FR 25441 confirmed 37297
998.200 (a) revised; interim 25441
(a) table corrected 27271
Regulation at 54 FR 25441 and 27271 confirmed 37297
998.300 Heading and (u) revised; interim 25442
Regulation at 54 FR 25442 confirmed 37297
07 CFR 999.400 1990
7 CFR
55 FR
Page
Chapter IX
905 Budget of expenses 21533
905.105 Added 41660
905.306 Regulation at 54 FR 46957 and 46958 confirmed 2223, 2224
(a) Table I amended 1788
(a) Table I and (b) Table II amended 2603, 3567, 8443, 41660
(a) Table I amended; interim 42844
905.400 Regulation at 54 FR 46957 confirmed 2223
906 Budget of expenses 39592
907 Budget of expenses 723,
839, 841, 967, 2362,
Marketing percentages 1,
724, 726, 839, 1171, 1788, 2604, 3567, 3937, 4598, 4983, 5564, 6355,
7687, 8903, 9867, 10767, 48104, 49247, 49874, 50672, 51400, 52834
907.102 Regulation at 54 FR 49263 confirmed; (a)(1) revised 49511
907.114 Revised 26633
907.131 Revised 46645
907.1020 Added 50165
908 Budget of expenses 841
908.102 Regulation at 54 FR 49264 confirmed; (a)(1) revised 49511
908.114 Revised 26633
908.131 Revised 46647
910 Limitation of handling 3,
728, 1173, 1790, 2803, 3570, 4601, 5567-5568, 6358, 7471, 8903, 9867,
10768, 11887, 12805, 13899, 14961, 17749, 18858, 19717, 20587, 21740,
22774, 23539, 24213, 25817, 27182, 28013, 28877, 29835, 30897, 31813,
32896, 33873, 34893, 35891, 36600, 37220, 38308, 38793, 39594, 40791,
41663, 42553, 43324, 46494, 47302, 48106, 49249, 49876, 50674, 51683,
52269
911 Budget of expenses 14232
Referenda order 21172
911.329 (a)(2)(i) revised 28016
915 Budget of expenses 14232, 35135
Referenda order 21172
915.332 (a)(2) Table I revised; interim 21004
Regulation at 55 FR 21003 confirmed 29838
(a)(2) Table I amended 29839
916 Budget of expenses 27801
916.350 (a)(3)(iv) and Table I added 24221
916.356 (a)(1)(i) Table I and (vi) amended 24221
(a)(2) introductory text, and (3) introductory text revised; (a)(4)
introductory text and (5) introductory text amended 24222
917 Marketing percentages 24215
Budget of expenses 27801, 35293
917.442 (a)(3)(iv) and Table I added 24222
917.454 (a)(4)(ii) Table I revised 24222
(a)(5) amended 24223
917.459 (a)(1)(vi), (4) introductory text, (5) introductory text and
Table I amended 24223
917.460 (a)(1)(v) amended 24223
(a) Table I and (b) Table II amended 24224
917.461 (a) introductory text republished; (a)(1) through (4), (6),
and (b)(3) revised; (a)(7), (8), and (b)(6) added 25958
918 Budget of expenses 28748
918.26 Amended 1381
918.30 (a) amended 1381
918.40 Amended 1381
918.61a Added 1381
918.63 Amended 1381
918.64 Existing text designated as (a); (b) added 1381
918.71 Undesignated center heading added 1381
918.72 Added 1381
918.76 Added 1381
918.77 Added 1382
918.81 (d) redesignated as (e); new (d) added 1381
(d) corrected 7289
918.112 Undesignated center heading revised 34217
918.116 Added 34217
919 Budget of expenses 31571
920 Budget of expenses 39595
920.155 Revised 42181
920.302 (a)(4)(ii) amended; interim 5570
(a)(1), (a)(4)(ii), and (b)(1) revised 42181
Regulation at 55 FR 5570 confirmed 19719
921 Budget of expenses 26421
922 Budget of expenses 26421
923 Budget of expenses 26421
924 Budget of expenses 26421
925 Budget of expenses 9417
926 Budget of expenses 25959
927 Budget of expenses 18097, 33875
928 Budget of expenses 27184
929 Budget of expenses 38980
929.153 (a) revised 28750
931 Budget of expenses 31573
932 Budget of expenses 4397, 38309
932.153 Revised; interim 35892
Regulation at 55 FR 35892 confirmed 46039
933 Budget of expenses 33879
944.401 (b)(12) introductory text revised; interim 35892
Regulation at 55 FR 35892 confirmed 46039
945 Budget of expenses 31574
946 Budget of expenses 12806
946.336 (a)(2)(ii) and (iii) revised 28752
(c)(2) corrected 45795
947 Budget of expenses 28143
948 Budget of expenses 23069, 33876
948.140 -- 948.143 Undesignated center heading 41181
948.140 Added 41181
948.141 Added 41181
948.142 Added 41181
948.143 Added 41181
948.150 (a) revised 8444
948.386 (c)(3) added 41181
948.387 (c)(3) added 41181
949 Removed 21375
953 Budget of expenses 22775
955 Revised 717
Budget of expenses 41824
958 Budget of expenses 25071
958.328 Introductory text, (c), and (f) introductory text revised;
(d) through (h) redesignated as (e) through (i); new (d) added;
interim 31036
Regulation at 55 FR 31036 confirmed 41664
(e)(2) and (g) revised 36601
959 Budget of expenses 12807
959.110 Revised 25961
959.111 Revised 25962
959.322 (c)(4), (5), and (6) redesignated as (c)(6), (7), and (8);
new (c)(4) and (5) added 7690
965 Budget of expenses 33602
966 Budget of expenses 47046
966.323 Regulation at 54 FR 51296 confirmed 7880
967 Budget of expenses 2362, 33877
Limitation of handling 35894
971 Budget of expenses 49512
979 Budget of expenses 723
979.112 Added 19720
979.304 (e)(4) redesignated as (e)(5); new (e)(4) added; (f)
introductory text revised 19721
981 Limitation of handling 30900,
36605, 38797
981.441 (c)(3)(i) and (6)(v) revised 130
(c)(3)(iv) revised 30194
(c)(3)(i), (4)(i), (ii) and (d)(1)(iii)(B) revised 41826
982 Marketing percentages 726, 8905
Budget of expenses 23185
984 Budget of expenses 47841
985 Marketing percentages; interim 4983, 8907, 14411, 21006, 30196,
36607, 49514
Budget of expenses 18859
987 Budget of expenses 35136
989 Marketing percentages; interim 12808, 24072
Budget of expenses 50540
989.110 (b) revised 32598
989.157 Added 28019
989.158 (c)(7)(i) added 2226
(a)(3) amended 36608
989.173 (c)(3) redesignated as (c)(4); (b)(7) and new (c)(3) added
28019
993 Budget of expenses 33878
993.128 (a) revised; interim 5571
Regulation at 55 FR 5571 confirmed 19618
997 Added 49983
997.20 (e) corrected 51798
997.30 (c)(5)(i) and (d) corrected 51798
997.40 (a)(2) corrected 51798
998 Budget of expenses 22776
998.100 Heading revised; (i) amended 30902
(d) redesignated as (d)(1); (d)(2) added 34511
998.200 Heading and (i) heading revised; (g)(3)(i), (h)(1), (2), and
(4) amended; (i) redesignated as (i)(1); (i)(2) added 30902
(c)(3) revised; (c)(4) added 34512
998.300 Heading, (i), and (t) revised; (s)(1) introductory text and
(iii) amended 30902
(e), (h), (j), (m)(1), and (3) amended; (m)(2), (r) and (x) revised
34512
07 CFR 999.400 1991
7 CFR
56 FR
Page
Chapter IX
905 Budget of expenses 32062
Budget of expenses 61348
905.105 Revised 49132
905.114 Revised; interim 8685
Regulation at 56 FR 8685 confirmed; (b) revised 24678
905.306 (a) Table I and (b) Table II amended; interim 10791
(a) Table I and (b) Table II amended; interim 21917
Regulations at 55 FR 42844, 56 FR 10791 and 56 FR 21971 confirmed
37642
Heading revised; (a) Table I and (b) Table II amended 49132
(a) Table I amended; interim 51972
906 Budget of expenses 40744
906.340 (a)(3) amended; interim 55983
906.365 (c) revised; interim 55983
907 Budget of expenses 2
Marketing percentages 776
Limitation of handling 58177
Limitation of handling 61111, 64188, 66343, 67470
Marketing percentages 65179
907.229 Added 57232
907.231 Added 57232
907.1020 Removed 775
908 Budget of expenses 2
910 Limitation of handling 4, 626
Budget of expenses 46224
911 Budget of expenses 10145
911.311 (a)(1) removed; (b), (a)(2) introductory text through (5)
and (a)(2)(i) through (v) redesignated as (e), (a) introductory text
through (d) and (a)(1) through (5); heading, new (a) introductory text,
(b) and (c) revised 66778
911.344 Heading and (a)(2) revised 66778
915 Budget of expenses 10145
915.306 (a) and (b) revised 36080
915.332 (a)(2) Table I revised; interim 23007
Regulation at 56 FR 23007 confirmed; (a)(2) Table I amended 46226
916 Budget of expenses 37822
916.115 Revised 40223
916.350 (a) introductory text, (2) and (3) revised 40223
(a)(3)(iv) introductory text and Table I revised 40224
916.356 (a)(6) introductory text, (7) introductory text and (8)
introductory text; (a)(9) added; interim 22107
(a) introductory text, (2)(i), (3)(i), (ii), (4)(i), (ii), (5)(i),
(ii), (6) introductory text, (i) and (ii) revised; (a)(1)(i) Table I,
(3) and (5) amended 40224
(a)(7)(i), (ii), (8) introductory text, (i) and (ii) revised 40225
Regulation at 56 FR 22107 confirmed 45885
917 Budget of expenses 14634, 37822, 46984
Heading revised 46369
917.4 Revised 46369
917.8 Removed 46369
917.15 Revised 46369
917.20 Amended 46369
917.23 Removed 46369
917.24 (a) amended; (c) revised 46369
917.26 Amended 46369
917.28 Amended 46369
917.29 (b) revised 46369
917.34 (k) amended 46369
917.35 (a) amended 46369
917.100 Amended 46369
917.116 Removed 46369
917.140 Suspended 23774
Removed 46369
917.143 (b) introductory text and (1) through (4) amended; (b)(3)
suspended in part 23774
(b) introductory text, (1), (2), (3) and (4) amended 46369
917.150 Revised 40225
917.177 Suspended 23774
Removed 46369
917.179 Amended 23774
Amended 46369
917.442 (a) introductory text, (2), (3) introductory text and (iv)
revised 40225
917.454 Suspended 23774
Removed 46369
917.459 (a) introductory text revised; (a)(4), (5), (6) and Table I
amended 40225
(b) introductory text revised 40226
917.460 (a)(3)(v) correctly designated 10359
Technical correction 13710
Suspended 23774
Removed 46369
917.461 (a)(1) revised 32063
918 Budget of expenses 8906
918.227 Technical correction 12583
919 Technical correction 21589
Removed 49133
920 Budget of expenses 48726
920.155 Revised 64942
920.302 (a)(4)(i) removed; (a)(4)(ii), (iii) and (iv) redesignated
as (a)(4)(i), (ii) and (iii); new (a)(4)(i) amended 64942
921.230 Added (temporary) 28309
922.230 Added (temporary) 28309
923.231 Added (temporary) 28309
924.231 Added (temporary) 28309
925 Budget of expenses 15805
926 Budget of expenses 48726
927 Budget of expenses 40484
928 Budget of expenses 34004
929 Budget of expenses 46985
929.68 (d) temporarily suspended in part 21445
Regulation at 56 FR 21445 confirmed 35998
929.153 (a) revised 32500
931 Budget of expenses 40745
931.100 -- 931.120 (Subpart) Added 65800
932 Budget of expenses 4523
932.51 (a)(3)(i) through (iv) suspended; (a)(3)(v) suspended in part
49669
932.52 (a)(3) introductory text suspended in part; (a)(3)(i) through
(iv) suspended 49669
932.153 Revised 49669
944.31 Temporarily suspended 23010
944.106 Temporarily suspended 10793
944.312 Revised; interim 55984
944.400 Heading and (a) introductory text revised; interim 10504
944.401 (b)(12) revised; (c) amended; interim; effective through
7-31-92 49671
944.550 Added; interim 10504
945 Budget of expenses 37823
946 Budget of expenses 19792
947 Budget of expenses 31535
947.132 (d) removed; interim 55986
Regulation at 56 FR 55986 confirmed; eff. 1-29-92 67148
947.340 (e), (g)(4) and (h)(2) revised; interim 55986
948 Budget of expenses 26897, 33705
953 Budget of expenses 26897
955 Budget of expenses 46725
958 Budget of expenses 26897
958.328 (f)(2) and (h) correctly designated 10359
959 Budget of expenses 2126, 49391
Budget of expenses 65677
966 Budget of expenses 55801
966.323 Introductory text, (a)(1), (2)(i), (iii), (3)(i) and (d)(1)
revised 51148
967 Budget of expenses 42524
967.327 Added 48727
971.120 Suspended; interim; effective to 10-31-92 55987
Regulation at 56 FR 55987 confirmed 67149
971.121 Suspended; interim; effective to 10-31-92 55987
Regulation at 56 FR 55987 confirmed 67149
971.122 Suspended; interim; effective to 10-31-92 55987
Regulation at 56 FR 55987 confirmed 67149
971.124 Suspended; interim; effective to 10-31-92 55987
Regulation at 56 FR 55987 confirmed 67149
971.322 Suspended; interim; effective to 10-31-92 55987
Regulation at 56 FR 55987 confirmed 67149
979 Budget of expenses 2840
Budget of expenses 58303
981 Marketing percentages 5308, 29561, 29562
981.237 Revised; interim 11501
Regulation at 56 FR 11501 confirmed 24680
Revised; interim 29561
Regulation at 56 FR 29561 confirmed 49394
Technical correction 51149
981.238 Added 58844
981.338 Added 48730
981.442 (a)(5) amended; interim 29562
(a)(5) amended 48728
(a)(5) amended; eff. 1-16-92 65420
981.455 (b) revised 19794
981.467 (c) added 10508
(d) added 10794
(d) correctly designated 51150
982 Marketing percentages 5153
Regulation at 56 FR 5153 confirmed 15807
982.336 Budget of expenses 23775
984 Budget of expenses 63406
985 Marketing percentages 10795
Budget of expenses 19545
985.153 (c)(1) revised 51829
987 Budget of expenses 50648
987.112a (b)(2) and (c)(2) amended; interim 778
Regulation at 56 FR 778 confirmed 12110
989 Marketing percentages 13068
Regulation at 56 FR 13068 confirmed 23777
989.154 Revised 37645
989.166 (a)(1) revised 38072
989.212 Revised; interim 51151
Regulation at 56 FR 51151 confirmed; eff. 1-29-92 67150
993 Budget of expenses 43548
997.30 (c)(2) amended 55990
997.40 (a)(1) and (3) amended; (a)(2) and (b) revised 55990
997.52 Amended 55991
998 Budget of expenses 4524, 22109
998.100 Heading revised 37647
998.200 Heading and (g)(3)(ii) revised; (l)(2)(viii) added; (l)(2)
concluding text amended 37647
998.300 Heading revised; (i) amended; (z) added 37647
7
Agriculture
PARTS 900 TO 999
Revised as of January 1, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JANUARY 1, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
Washington, DC 20402-9328
07 CFR 999.400 Table of Contents
Page
Explanation v
Title 7:
Subtitle B -- Regulations of the Department of Agriculture
(Continued):
Chapter IX -- Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts
900 to 999)
Finding Aids:
Material for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
07 CFR 999.400 Explanation
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permanent rules published in the Federal Register by the Executive
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into 50 titles which represent broad areas subject to Federal
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Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16 as of January 1
Title 17 through Title 27 as of April 1
Title 28 through Title 41 as of July 1
Title 42 through Title 50 as of October 1
The appropriate revision date is printed on the cover of each volume.
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