[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    7


          Parts 900 to 999

                         Revised as of January 1, 2003

Agriculture





          Containing a codification of documents of general 
          applicability and future effect
          As of January 1, 2003
          With Ancillaries
          Published by:
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



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                            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)                                                3
  Finding Aids:
      Material Approved for Incorporation by Reference........     759
      Table of CFR Titles and Chapters........................     761
      Alphabetical List of Agencies Appearing in the CFR......     779
      List of CFR Sections Affected...........................     789



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 7 CFR 900.1 refers 
                       to title 7, part 900, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    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.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2003), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
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dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
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also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2003.



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                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2003.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199. Part 900--General Regulations is carried as a note in the 
volume containing parts 1000-1199, as a convenience to the user.

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[[Page 1]]



                          TITLE 7--AGRICULTURE




                  (This book contains parts 900 to 999)

  --------------------------------------------------------------------

  SUBTITLE B--Regulations of the Department of Agriculture (Continued)

                                                                    Part

chapter ix--Agricultural Marketing Service (Marketing 
  Agreements and Orders; Fruits, Vegetables, Nuts), 
  Department of Agriculture.................................         900

[[Page 3]]



  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------
Part                                                                Page
900             General regulations.........................           5
905             Oranges, grapefruit, tangerines, and 
                    tangelos grown in Florida...............          41
906             Oranges and grapefruit grown in Lower Rio 
                    Grande Valley in Texas..................          63
911             Limes grown in Florida......................          80
915             Avocados grown in south Florida.............          99
916             Nectarines grown in California..............         117
917             Fresh pears and peaches grown in California.         136
920             Kiwifruit grown in California...............         162
922             Apricots grown in designated counties in 
                    Washington..............................         176
923             Sweet cherries grown in designated counties 
                    in Washington...........................         188
924             Fresh prunes grown in designated counties in 
                    Washington and in Umatilla County, 
                    Oregon..................................         200
925             Grapes grown in a designated area of 
                    southeastern California.................         212
927             Winter pears grown in Oregon and Washington.         223
928             Papayas grown in Hawaii.....................         240
929             Cranberries grown in States of 
                    Massachusetts, Rhode Island, 
                    Connecticut, New Jersey, Wisconsin, 
                    Michigan, Minnesota, Oregon, Washington, 
                    and Long Island in the State of New York         254
930             Tart cherries grown in the States of 
                    Michigan, New York, Pennsylvania, 
                    Oregon, Utah, Washington, and Wisconsin.         275
931             Fresh Bartlett pears grown in Oregon and 
                    Washington..............................         300
932             Olives grown in California..................         311
944             Fruits; import regulations..................         340

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945             Irish potatoes grown in certain designated 
                    counties in Idaho, and Malheur County, 
                    Oregon..................................         355
946             Irish potatoes grown in Washington..........         371
947             Irish potatoes grown in Modoc and Siskiyou 
                    Counties, Calif., and in all counties in 
                    Oregon, except Malheur County...........         387
948             Irish potatoes grown in Colorado............         404
953             Irish potatoes grown in Southeastern States.         423
955             Vidalia onions grown in Georgia.............         434
956             Sweet onions grown in the Walla Walla Valley 
                    of southeast Washington and northeast 
                    Oregon..................................         444
958             Onions grown in certain designated counties 
                    in Idaho, and Malheur County, Oregon....         457
959             Onions grown in South Texas.................         472
966             Tomatoes grown in Florida...................         487
979             Melons grown in South Texas.................         506
980             Vegetables; import regulations..............         522
981             Almonds grown in California.................         530
982             Hazelnuts grown in Oregon and Washington....         554
984             Walnuts grown in California.................         574
985             Marketing order regulating the handling of 
                    spearmint oil produced in the Far West..         591
987             Domestic dates produced or packed in 
                    Riverside County, California............         604
989             Raisins produced from grapes grown in 
                    California..............................         629
993             Dried prunes produced in California.........         694
996             Minimum quality and handling standards for 
                    domestic and imported peanuts marketed 
                    in the United States....................         732
999             Specialty crops; import regulations.........         741

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PART 900--GENERAL REGULATIONS--Table of Contents




   Subpart--Rules of Practice and Procedure Governing Proceedings To 
           Formulate Marketing Agreements and Marketing Orders

Sec.
900.1  Words in the singular form.
900.2  Definitions.
900.3  Proposals.
900.4  Institution of proceeding.
900.5  Docket number.
900.6  Judges.
900.7  Motions and requests.
900.8  Conduct of the hearing.
900.9  Oral and written arguments.
900.10  Certification of the transcript.
900.11  Copies of the transcript.
900.12  Administrator's recommended decision.
900.13  Submission to Secretary.
900.13a  Decision by Secretary.
900.14  Execution and issuance of marketing agreements and marketing 
          orders.
900.15  Filing; extensions of time; effective date of filing; and 
          computation of time.
900.16  Ex parte communications.
900.17  Additional documents to be filed with hearing clerk.
900.18  Hearing before Secretary.

Subpart--Rules of Practice Governing Proceedings on Petitions To Modify 
                 or To Be Exempted From Marketing Orders

900.50  Words in the singular form.
900.51  Definitions.
900.52  Institution of proceeding.
900.52a  Answer to petition.
900.52b  Amended pleadings.
900.53  Withdrawal of petition.
900.54  Docket number.
900.55  Judges.
900.56  Consolidated hearings.
900.57  Intervention.
900.58  Prehearing conferences.
900.59  Motions and requests.
900.60  Oral hearings before judge.
900.61  Depositions.
900.62  Subpenas.
900.63  Fees and mileage.
900.64  The Judge's decision.
900.65  Appeals to Secretary: Transmittal of record.
900.66  Consideration of appeal by the Secretary and issuance of final 
          order.
900.68  Petitions for reopening hearings; for rehearings or rearguments 
          of proceedings; or for reconsideration of orders.
900.69  Filing; service; extensions of time; effective date of filing; 
          and computation of time.
900.70  Applications for interim relief.
900.71  Hearing before Secretary.

Subpart--Supplemental Rules of Practice for Marketing Orders, Marketing 
 Agreements, and Requirements Issued Pursuant to 7 U.S.C. 608b(b) and 7 
            U.S.C. 608e Covering Fruits, Vegetables, and Nuts

900.80  Words in the singular form.
900.81  Definitions.
900.82  Stipulation procedures.

Subpart--Procedure Governing Meetings To Arbitrate and Mediate Disputes 
                Relating to Sales of Milk or Its Products

900.100  Words in the singular form.
900.101  Definitions.
900.102  Filing of applications for mediation or arbitration.
900.103  Application for mediation.
900.104  Inquiry by the Administrator.
900.105  Notification.
900.106  Assignment of mediator.
900.107  Meetings.
900.108  Mediator's report.
900.109  Mediation agreement.
900.110  Application for arbitration.
900.111  Inquiry by the Administrator.
900.112  Notification.
900.113  Submission.
900.114  Designation of arbitrator.
900.115  Hearing.
900.116  Award.
900.117  Approval of award.
900.118  Costs.

                   Subpart--Miscellaneous Regulations

900.200  Definitions.
900.201  Investigation and disposition of alleged violations.
900.210  Disclosures of information.
900.211  Penalties.

   Subpart--Procedure for Conduct of Referenda To Determine Producer 
   Approval of Milk Marketing Orders To Be Made Effective Pursuant to 
        Agricultural Marketing Agreement Act of 1937, as Amended

900.300  General.
900.301  Definitions.
900.302  Associations eligible to vote.
900.303  Conduct of referendum.
900.304  Who may vote.
900.305  Duties of referendum agent.
900.306  Notice of the referendum.
900.307  Time for voting.
900.308  Tabulation of ballots.
900.309  Confidential information.
900.310  Supplementary instructions.

[[Page 6]]

900.311  Submittals or requests.

Subpart--Procedure for Determining the Qualification of Cooperative Milk 
                         Marketing Associations

900.350  General statement.
900.351  Applications for qualification.
900.352  Confidential information.
900.353  Qualification standards.
900.354  Inspection and investigation.
900.355  Annual reporting.
900.356  Listing of qualified associations.
900.357  Denial of application; suspension or revocation of 
          determination of qualification.

   Subpart--Procedure for the Conduct of Referenda in Connection With 
   Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the 
        Agricultural Marketing Agreement Act of 1937, as Amended

900.400  General.
900.401  Definitions.
900.402  Voting.
900.403  Instructions.
900.404  Subagents.
900.405  Ballots.
900.406  Referendum report.
900.407  Confidential information.

                       Subpart--Public Information

Availability of Program Information, Staff Manuals and Instructions, and 
                            Related Material

900.500  General.
900.501  Public inspection and copying.
900.502  Indexes.
900.503  Request for records.
900.504  Appeals.

                     Subpart--Information Collection

900.600  General.
900.601  OMB control numbers assigned pursuant to the Paperwork 
          Reduction Act.

    Source: 25 FR 5907, June 28, 1960, unless otherwise noted.



   Subpart--Rules of Practice and Procedure Governing Proceedings To 
           Formulate Marketing Agreements and Marketing Orders

    Authority: 7 U.S.C. 610.



Sec. 900.1  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.



Sec. 900.2  Definitions.

    As used in this subpart, the terms as defined in the act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term Act means Public Act No. 10, 73 Congress (48 Stat. 31), 
as amended and as reenacted and amended by the Agricultural Marketing 
Agreement Act of 1937 (50 Stat. 246), as amended.
    (b) The term Department means the United States Department of 
Agriculture.
    (c) The term 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 for the Secretary.
    (d) The term judge means any administrative law judge appointed 
pursuant to 5 U.S.C. 3105, and assigned to conduct the proceeding.
    (e) The term Administrator means the Administrator of the 
Agricultural Marketing Service or any officer or employee of the 
Department to whom authority has been delegated or may hereafter be 
delegated to act for the Administrator.
    (f) [Reserved]
    (g) The term Federal Register means the publication provided for by 
the act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto 
and amendatory thereof.
    (h) The term hearing means that part of the proceeding which 
involves the submission of evidence.
    (i) The term marketing agreement means any marketing agreement or 
any amendment thereto which may be entered into pursuant to section 8b 
of the act.
    (j) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the act, and after 
notice and hearing as required by said section.
    (k) The term proceeding means a proceeding upon the basis of which a 
marketing agreement may be entered into or a marketing order may be 
issued.

[[Page 7]]

    (l) The term hearing clerk means the hearing clerk, United States 
Department of Agriculture, Washington, DC.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28 
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29, 
1973; 67 FR 10829, Mar. 11, 2002]



Sec. 900.3  Proposals.

    (a) A marketing agreement or a marketing order may be proposed by 
the Secretary or by any other person. If any person other than the 
Secretary proposes a marketing agreement or marketing order, he shall 
file with the Administrator a written application, together with at 
least four copies of the proposal, requesting the Secretary to hold a 
hearing upon the proposal. Upon receipt of such proposal, the 
Administrator shall cause such investigation to be made and such 
consideration thereof to be given as, in his opinion, are warranted. If 
the investigation and consideration lead the Administrator to conclude 
that the proposed marketing agreement or marketing order will not tend 
to effectuate the declared policy of the act, or that for other proper 
reasons a hearing should not be held on the proposal, he shall deny the 
application, and promptly notify the applicant of such denial, which 
notice shall be accompanied by a brief statement of the grounds for the 
denial.
    (b) If the investigation and consideration lead the Administrator to 
conclude that the proposed marketing agreement or marketing order will 
tend to effectuate the declared policy of the act, or if the Secretary 
desires to propose a marketing agreement or marketing order, he shall 
sign and cause to be served a notice of hearing, as provided in this 
subpart.



Sec. 900.4  Institution of proceeding.

    (a) Filing and contents of the notice of hearing. The proceeding 
shall be instituted by filing the notice of hearing with the hearing 
clerk. The notice of hearing shall contain a reference to the authority 
under which the marketing agreement or marketing order is proposed; 
shall define the scope of the hearing as specifically as may be 
practicable; shall contain either the terms or substance of the proposed 
marketing agreement or marketing order or a description of the subjects 
and issues involved and shall state the industry, area, and class of 
persons to be regulated, the time and place of such hearing, and the 
place where copies of such proposed marketing agreement or marketing 
order may be obtained or examined. The time of the hearing shall not be 
less than 15 days after the date of publication of the notice in the 
Federal Register, as provided in this subpart, unless the Administrator 
shall determine that an emergency exists which requires a shorter period 
of notice, in which case the period of notice shall be that which the 
Administrator may determine to be reasonable in the circumstances: 
Provided, That, in the case of hearings on amendments to marketing 
agreements or marketing orders, the time of the hearing may be less than 
15 days but shall not be less than 3 days after the date of publication 
of the notice in the Federal Register.
    (b) Giving notice of hearing and supplemental publicity. (1) The 
Administrator shall give or cause to be given notice of hearing in the 
following manner:
    (i) By publication of the notice of hearing in the Federal Register;
    (ii) By mailing a true copy of the notice of hearing to each of the 
persons known to the Administrator, to be interested therein;
    (iii) By issuing a press release containing the complete text or a 
summary of the contents of the notice of hearing and making the same 
available to such newspapers in the area proposed to be subjected to 
regulation as reasonably will tend to bring the ntoice to the attention 
of the persons interested therein;
    (iv) By forwarding copies of the notice of hearing addressed to the 
governors of such of the several States of the United States and to 
executive heads of such of the Territories and possessions of the United 
States as the Administrator, having due regard for the subject matter of 
the proposal and the public interest, shall determine, should be 
notified.
    (2) Legal notice of the hearing shall be deemed to be given if 
notice is given in the manner provided by paragraph (b)(1)(i) of this 
section; and failure to give notice in the manner provided in

[[Page 8]]

paragraph (b)(1)(ii), (iii), and (iv) of this section shall not affect 
the legality of the notice.
    (c) Record of notice and supplemental publicity. There shall be 
filed with the hearing clerk or submitted to the judge at the hearing an 
affidavit or certificate of the person giving the notice provided in 
paragraph (b)(1) (iii) and (iv) of this section. In regard to the 
provisions relating to mailing in paragraph (b)(1)(ii) of this section, 
a determination by the Administrator that such provisions have been 
complied with shall be filed with the hearing clerk or submitted to the 
judge at the hearing. In the alternative, if notice is not given in the 
manner provided in paragraph (b)(1)(ii), (iii), and (iv) of this section 
there shall be filed with the hearing clerk or submitted to the judge at 
the hearing a determination by the Administrator that such notice is 
impracticable, unnecessary, or contrary to the public interest with a 
brief statement of the reasons for such determination. Determinations by 
the Administrator as herein provided shall be final.



Sec. 900.5  Docket number.

    Each proceeding, immediately following its institution, shall be 
assigned a docket number by the hearing clerk and thereafter the 
proceeding may be referred to by such number.



Sec. 900.6  Judges.

    (a) Assignment. No judge who has any pecuniary interest in the 
outcome of a proceeding shall serve as judge in such proceeding.
    (b) Powers of judges. Subject to review by the Secretary, as 
provided elsewhere in this subpart, the judge, in any proceeding, shall 
have power to:
    (1) Rule upon motions and requests;
    (2) Change the time and place of hearing, and adjourn the hearing 
from time to time or from place to place;
    (3) Administer oaths and affirmations and take affidavits;
    (4) Examine and cross-examine witnesses and receive evidence;
    (5) Admit or exclude evidence;
    (6) Hear oral argument on facts or law;
    (7) Do all acts and take all measures necessary for the maintenance 
of order at the hearing and the efficient conduct of the proceeding.
    (c) Who may act in absence of judge. In case of the absence of the 
judge or his inability to act, the powers and duties to be performed by 
him under this part in connection with a proceeding may, without 
abatement of the proceeding unless otherwise ordered by the Secretary, 
be assigned to any other judge.
    (d) Disqualification of judge. The judge may at any time withdraw as 
judge in a proceeding if he deems himself to be disqualified. Upon the 
filing by an interested person in good faith of a timely and sufficient 
affidavit of personal bias or disqualification of a judge, the Secretary 
shall determine the matter as a part of the record and decision in the 
proceeding, after making such investigation or holding such hearings, or 
both, as he may deem appropriate in the circumstances.



Sec. 900.7  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
hearing clerk, except that those made during the course of the hearing 
may be filed with the judge or may be stated orally and made a part of 
the transcript. Except as provided in Sec. 900.15(b) such motions and 
requests shall be addressed to, and ruled on by, the presiding officer 
if made prior to his certification of the transcript pursuant to 
Sec. 900.10 or by the Secretary if made thereafter.
    (b) Certification to Secretary. The judge may in his discretion 
submit or certify to the Secretary for decision any motion, request, 
objection, or other question addressed to the judge.



Sec. 900.8  Conduct of the hearing.

    (a) Time and place. The hearing shall be held at the time and place 
fixed in the notice of hearing, unless the judge shall have changed the 
time or place, in which event the judge shall file with the hearing 
clerk a notice of such change, which notice shall be given in the same 
manner as provided in Sec. 900.4 (relating to the giving of notice of 
the hearing): Provided, That, if the change in time or place of hearing 
is made less than 5 days prior to the date previously fixed for the 
hearing, the judge, either in addition to or in lieu of causing the 
notice of the change to be given, shall

[[Page 9]]

announce, or cause to be announced, the change at the time and place 
previously fixed for the hearing.
    (b) Appearances--(1) Right to appear. At the hearing, any interested 
person shall be given an opportunity to appear, either in person or 
through his authorized counsel or representative, and to be heard with 
respect to matters relevant and material to the proceeding. Any 
interested person who desires to be heard in person at any hearing under 
these rules shall, before proceeding to testify, state his name, 
address, and occupation. If any such person is appearing through a 
counsel or representative, such person or such counsel or representative 
shall, before proceeding to testify or otherwise to participate in the 
hearing, state for the record the authority to act as such counsel or 
representative, and the names and addresses and occupations of such 
person and such counsel or representative. Any such person or such 
counsel or representative shall give such other information respecting 
his appearance as the judge may request.
    (2) Debarment of counsel or representative. Wherever, while a 
proceeding is pending before him, the judge finds that a person, acting 
as counsel or representative for any person participating in the 
proceeding, is guilty of unethical or unprofessional conduct, the judge 
may order that such person be precluded from further acting as counsel 
or representative in such proceeding. An appeal to the Secretary may be 
taken from any such order, but the proceeding shall not be delayed or 
suspended pending disposition of the appeal: Provided, That the judge 
may suspend the proceeding for a reasonable time for the purpose of 
enabling the client to obtain other counsel or other representative. In 
case the judge has ordered that a person be precluded from further 
acting as counsel or representative in the proceeding, the presiding 
officer, within a reasonable time thereafter shall submit to the 
Secretary a report of the facts and circumstances surrounding such order 
and shall recommend what action the Secretary should take respecting the 
appearance of such person as counsel or representative in other 
proceedings before the Secretary. Thereafter the Secretary may, after 
notice and an opportunity for hearing, issue such order, respecting the 
appearance of such person as counsel or representative in proceedings 
before the Secretary, as the Secretary finds to be appropriate.
    (3) Failure to appear. If any interested person fails to appear at 
the hearing, he shall be deemed to have waived the right to be heard in 
the proceeding.
    (c) Order of procedure. (1) The judge shall, at the opening of the 
hearing prior to the taking of testimony, have noted as part of the 
record the notice of hearing as filed with the Office of the Federal 
Register and the affidavit or certificate of the giving of notice or the 
determination provided for in Sec. 900.4(c).
    (2) Evidence shall then be received with respect to the matters 
specified in the notice of the hearing in such order as the judge shall 
announce.
    (d) Evidence--(1) In general. The hearing shall be publicly 
conducted, and the testimony given at the hearing shall be reported 
verbatim.
    (i) Every witness shall, before proceeding to testify, be sworn or 
make affirmation. Cross-examination shall be permitted to the extent 
required for a full and true disclosure of the facts.
    (ii) When necessary, in order to prevent undue prolongation of the 
hearing, the judge may limit the number of times any witness may testify 
to the same matter or the amount of corroborative or cumulative 
evidence.
    (iii) The judge shall, insofar as practicable, exclude evidence 
which is immaterial, irrelevant, or unduly repetitious, or which is not 
of the sort upon which responsible persons are accustomed to rely.
    (2) Objections. If a party objects to the admission or rejection of 
any evidence or to any other ruling of the judge during the hearing, he 
shall state briefly the grounds of such objection, whereupon an 
automatic exception will follow if the objection is overruled by the 
judge. The transcript shall not include argument or debate thereon 
except as ordered by the judge. The ruling of the judge on any objection 
shall be a part of the transcript. Only objections made before the judge 
may subsequently be relied upon in the proceeding.

[[Page 10]]

    (3) Proof and authentication of official records or documents. An 
official record or document, when admissible for any purpose, shall be 
admissible as evidence without the production of the person who made or 
prepared the same. Such record or document shall, in the discretion of 
the judge, be evidenced by an official publication thereof or by a copy 
attested by the person having legal custody thereof and accompanied by a 
certificate that such person has the custody.
    (4) Exhibits. All written statements, charts, tabulations, or 
similar data offered in evidence at the hearing shall, after 
identification by the proponent and upon satisfactory showing of the 
authenticity, relevancy, and materiality of the contents thereof, be 
numbered as exhibits and received in evidence and made a part of the 
record. Such exhibits shall be submitted in quadruplicate and in 
documentary form. In case the required number of copies is not made 
available, the judge shall exercise his discretion as to whether said 
exhibits shall, when practicable, be read in evidence or whether 
additional copies shall be required to be submitted within a time to be 
specified by the judge. If the testimony of a witness refers to a 
statute, or to a report or document (including the record of any 
previous hearing) the judge, after inquiry relating to the 
identification of such statute, report, or document, shall determine 
whether the same shall be produced at the hearing and physically be made 
a part of the evidence as an exhibit, or whether it shall be 
incorporated into the evidence by reference. If relevant and material 
matter offered in evidence is embraced in a report or document 
(including the record of any previous hearing) containing immaterial or 
irrelevant matter, such immaterial or irrelevant matter shall be 
excluded and shall be segregated insofar as practicable, subject to the 
direction of the presiding officer.
    (5) Official notice. Official notice may be taken of such matters as 
are judicially noticed by the courts of the United States and of any 
other matter of technical, scientific or commercial fact of established 
character: Provided, That interested persons shall be given adequate 
notice, at the hearing or subsequent thereto, of matters so noticed and 
shall be given adequate opportunity to show that such facts are 
inaccurate or are erroneously noticed.
    (6) Offer of proof. Whenever evidence is excluded from the record, 
the party offering such evidence may make an offer of proof, which shall 
be included in the transcript. The offer of proof shall consist of a 
brief statement describing the evidence to be offered. If the evidence 
consists of a brief oral statement or of an exhibit, it shall be 
inserted into the transcript in toto. In such event, it shall be 
considered a part of the transcript if the Secretary decides that the 
judge's ruling in excluding the evidence was erroneous. The judge shall 
not allow the insertion of such evidence in toto if the taking of such 
evidence will consume a considerable length of time at the hearing. In 
the latter event, if the Secretary decides that the judge erred in 
excluding the evidence, and that such error was substantial, the hearing 
shall be reopened to permit the taking of such evidence.

[25 FR 5907, June 28, 1960, as amended at 37 FR 1103, Jan. 25, 1972]



Sec. 900.9  Oral and written arguments.

    (a) Oral argument before judge. Oral argument before the judge shall 
be in the discretion of the judge. Such argument, when permitted, may be 
limited by the judge to any extent that he finds necessary for the 
expeditious disposition of the proceeding and shall be reduced to 
writing and made part of the transcript.
    (b) Briefs, proposed findings and conclusions. The judge shall 
announce at the hearing a reasonable period of time within which 
interested persons may file with the hearing clerk proposed findings and 
conclusions, and written arguments or briefs, based upon the evidence 
received at the hearing, citing, where practicable, the page or pages of 
the transcript of the testimony where such evidence appears. Factual 
material other than that adduced at the hearing or subject to official 
notice shall not be alluded to therein, and, in any case, shall not be 
considered in the formulation of the marketing agreement or marketing

[[Page 11]]

order. If the person filing a brief desires the Secretary to consider 
any objection made by such person to a ruling of the judge, as provided 
in Sec. 900.8(d), he shall include in the brief a concise statement 
concerning each such objection, referring where practicable, to the 
pertinent pages of the transcript.



Sec. 900.10  Certification of the transcript.

    The judge shall notify the hearing clerk of the close of a hearing 
as soon as possible thereafter and of the time for filing written 
arguments, briefs, proposed findings and proposed conclusions, and shall 
furnish the hearing clerk with such other information as may be 
necessary. As soon as possible after the hearing, the judge shall 
transmit to the hearing clerk an original and three copies of the 
transcript of the testimony and the original and all copies of the 
exhibits not already on file in the office of the hearing clerk. He 
shall attach to the original transcript of testimony his certificate 
stating that, to the best of his knowledge and belief, the transcript is 
a true transcript of the testimony given at the hearing except in such 
particulars as he shall specify; and that the exhibits transmitted are 
all the exhibits as introduced at the hearing with such exceptions as he 
shall specify. A copy of such certificate shall be attached to each of 
the copies of the transcript of testimony. In accordance with such 
certificate the hearing clerk shall note upon the official record copy, 
and cause to be noted on other copies, of the transcript each correction 
detailed therein by adding or crossing out (but without obscuring the 
text as originally transcribed) at the appropriate place any words 
necessary to make the same conform to the correct meaning, as certified 
by the judge. The hearing clerk shall obtain and file certifications to 
the effect that such corrections have been effected in copies other than 
the official record copy.



Sec. 900.11  Copies of the transcript.

    (a) During the period in which the proceeding has an active status 
in the Department, a copy of the transcript and exhibits shall be kept 
on file in the office of the hearing clerk, where it shall be available 
for examination during official hours of business. Thereafter said 
transcript and exhibits shall be made available by the hearing clerk for 
examination during official hours of business after prior request and 
reasonable notice to the hearing clerk.
    (b) Transcripts of hearings shall be made available to any person at 
actual cost of duplication.

[25 FR 5907, June 28, 1960, as amended at 67 FR 10829, Mar. 11, 2002]



Sec. 900.12  Administrator's recommended decision.

    (a) Preparation. As soon as practicable following the termination of 
the period allowed for the filing of written arguments or briefs and 
proposed findings and conclusions the Administrator shall file with the 
hearing clerk a recommended decision.
    (b) Contents. The Administrator's recommended decision shall 
include: (1) A preliminary statement containing a description of the 
history of the proceedings, a brief explanation of the material issues 
of fact, law, or discretion presented on the record, and proposed 
findings and conclusions with respect to such issues as well as the 
reasons or basis therefor; (2) a ruling upon each proposed finding or 
conclusion submitted by interested persons, and (3) an appropriate 
proposed marketing agreement or marketing order effectuating his 
recommendations.
    (c) Exceptions to recommended decision. Immediately following the 
filing of his recommended decision, the Administrator shall give notice 
thereof, and opportunity to file exceptions thereto by publication in 
the Federal Register. Within a period of time specified in such notice 
any interested person may file with the hearing clerk exceptions to the 
Administrator's proposed marketing agreement or marketing order, or 
both, as the case may be, and a brief in support of such exceptions. 
Such exceptions shall be in writing, shall refer, where practicable, to 
the related pages of the transcript and may suggest appropriate changes 
in the proposed marketing agreement or marketing order.
    (d) Omission of recommended decision. The procedure provided in this 
section may be omitted only if the Secretary finds on the basis of the 
record that

[[Page 12]]

due and timely execution of his functions imperatively and unavoidably 
requires such omission.



Sec. 900.13  Submission to Secretary.

    Upon the expiration of the period allowed for filing exceptions or 
upon request of the Secretary, the hearing clerk shall transmit to the 
Secretary the record of the proceeding. Such record shall include: All 
motions and requests filed with the hearing clerk and rulings thereon; 
the certified transcript; any proposed findings or conclusions or 
written arguments or briefs that may have been filed; the 
Administrator's recommended decision, if any, and such exceptions as may 
have been filed.



Sec. 900.13a  Decision by Secretary.

    After due consideration of the record, the Secretary shall render a 
decision. Such decision shall become a part of the record and shall 
include: (a) A statement of his findings and conclusions, as well as the 
reasons or basis therefor, upon all the material issues of fact, law or 
discretion presented on the record, (b) a ruling upon each proposed 
finding and proposed conclusion not previously ruled upon in the record, 
(c) a ruling upon each exception filed by interested persons and (d) 
either (1) a denial of the proposal to issue a marketing agreement or 
marketing order or (2) a marketing agreement and, if the findings upon 
the record so warrant, a marketing order, the provisions of which shall 
be set forth directly or by reference, regulating the handling of the 
commodity or product in the same manner and to the same extent as such 
marketing agreement, which order shall be complete except for its 
effective date and any determinations to be made under Sec. 900.14(b) or 
Sec. 900.14(c): Provided, That such marketing order shall not be 
executed, issued, or made effective until and unless the Secretary 
determines that the requirements of Sec. 900.14(b) or Sec. 900.14(c) 
have been met.



Sec. 900.14  Execution and issuance of marketing agreements and marketing orders.

    (a) Execution and issuance of marketing agreement. If the Secretary 
has approved a marketing agreement, as provided in Sec. 900.13a, the 
Administrator shall cause copies thereof to be distributed for execution 
by the handlers eligible to become parties thereto. If and when such 
number of the handlers as the Secretary shall deem sufficient shall have 
executed the agreement, the Secretary shall execute the agreement. After 
execution of a marketing agreement, such agreement shall be filed with 
the hearing clerk, and notice thereof, together with notice of the 
effective date, shall be given by publication in the Federal Register. 
The marketing agreement shall not become effective less than 30 days 
after its publication in the Federal Register, unless the Secretary, 
upon good cause found and published with the agreement, fixes an earlier 
effective date therefor: Provided, That no marketing agreement shall 
become effective as to any person signatory thereto before either (1) it 
has been filed with the Office of the Federal Register, or (2) such 
person has received actual notice that the Secretary has executed the 
agreement and the effective date of the marketing agreement.
    (b) Issuance of marketing order with marketing agreement. Whenever, 
as provided in paragraph (a) of this section, the Secretary executes a 
marketing agreement, and handlers also have executed the same as 
provided in section 8c(8) of the Act, he shall, if he finds that it will 
tend to effectuate the purposes of the Act, issue and make effective the 
marketing order, if any, which was filed as a part of his decision 
pursuant to Sec. 900.13a: Provided, That the issuance of such order 
shall have been approved or favored by producers as required by section 
8c(8) of the act.
    (c) Issuance of marketing order without marketing agreement. If, 
despite the failure or refusal of handlers to sign the marketing 
agreement, as provided in section 8c(8) of the Act, the Secretary makes 
the determinations required under section 8c(9) of the Act, the 
Secretary shall issue and make effective the marketing order, if any, 
which was filed as a part of his decision pursuant to Sec. 900.13a.

[[Page 13]]

    (d) Effective date of marketing order. No marketing order shall 
become effective less than 30 days after its publication in the Federal 
Register, unless the Secretary, upon good cause found and published with 
the order, fixes an earlier effective date therefor: Provided, That no 
marketing order shall become effective as to any person sought to be 
charged thereunder before either (1) it has been filed with the Office 
of the Federal Register, or (2) such person has received actual notice 
of the issuance and terms of the marketing order.
    (e) Notice of issuance. After issuance of a marketing order, such 
order shall be filed with the hearing clerk, and notice therof, together 
with notice of the effective date, shall be given by publication in the 
Federal Register. (7 U.S.C. 610(c).)

[25 FR 5907, June 28, 1960, as amended at 53 FR 15659, May 3, 1988]



Sec. 900.15  Filing; extensions of time; effective date of filing; and computation of time.

    (a) Filing, number of copies. Except as is provided otherwise in 
this subpart, all documents or papers required or authorized by the 
foregoing provisions of this subpart to be filed with the hearing clerk 
shall be filed in quadruplicate. Any document or paper, so required or 
authorized to be filed with the hearing clerk, shall, during the course 
of an oral hearing, be filed with the presiding officer. The provisions 
of this subpart concerning filing with the hearing clerk of hearing 
notices, recommended and final decisions, marketing agreements and 
orders, and all documents described in Sec. 900.17 shall be met by 
filing a true copy thereof with the hearing clerk.
    (b) Extensions of time. The time for the filing of any document or 
paper required or authorized by the foregoing provisions of this subpart 
to be filed may be extended by the judge before the record is certified 
by the judge or by the Administrator (after the record is so certified 
by the judge but before it is transmitted to the Secretary), or by the 
Secretary (after the record is transmitted to the Secretary) upon 
request filed, and if, in the judgment of the judge, Administrator, or 
the Secretary, as the case may be, there is good reason for the 
extension. All rulings made pursuant to this paragraph shall be filed 
with the hearing clerk.
    (c) Effective date of filing. Any document or paper required or 
authorized in this subpart to be filed shall be deemed to be filed at 
the time it is received by the Hearing Clerk.
    (d) Computation of time. Each day, including Saturdays, Sundays, and 
legal public holidays, shall be included in computing the time allowed 
for filing any document or paper: Provided, That when the time for 
filing a document or paper expires on a Saturday, Sunday, or legal 
public holiday, the time allowed for filing the document or paper shall 
be extended to include the following business day.

[25 FR 5907, June 28, 1960, as amended at 30 FR 254, Jan. 9, 1965; 67 FR 
10829, Mar. 11, 2002]



Sec. 900.16  Ex parte communications.

    (a) At no stage of the proceeding following the issuance of a notice 
of hearing and prior to the issuance of the Secretary's decision therein 
shall an employee of the Department who is or may reasonably be expected 
to be involved in the decisional process of the proceeding discuss ex 
parte the merits of the proceeding with any person having an interest in 
the proceeding or with any representative of such person: Provided, That 
procedural matters and status reports shall not be included within this 
limitation; and Provided further, That an employee of the Department who 
is or may reasonably be expected to be involved in the decisional 
process of the proceeding may discuss the merits of the proceeding with 
such a person if all parties known to be interested in the proceeding 
have been given notice and an opportunity to participate. A memorandum 
of any such discussion shall be included in the record of the 
proceeding.
    (b) No person interested in the proceeding shall make or knowingly 
cause to be made to an employee of the Department who is or may 
reasonably be expected to be involved in the decisional process of the 
proceeding an ex parte communication relevant to the merits of the 
proceeding except as

[[Page 14]]

provided in paragraph (a) of this section.
    (c) If an employee of the Department who is or may reasonably be 
expected to be involved in the decisional process of the proceeding 
receives or makes a communication prohibited by this section, the 
Department shall place on the public record of the proceeding:
    (1) All such written communications;
    (2) Memoranda stating the substance of all such oral communications; 
and
    (3) All written responses, and memoranda stating the substance of 
all oral responses thereto.
    (d) Upon receipt of a communication knowingly made or knowingly 
caused to be made by a party in violation of this section, the 
Department may, to the extent consistent with the interest of justice 
and the policy of the underlying statute, take whatever steps are deemed 
necessary to nullify the effect of such communication.
    (e) For the purposes of this section, ex parte communication means 
an oral or written communication not on the public record with respect 
to which reasonable prior notice to all interested parties is not given, 
but which shall not include requests for status reports (including 
requests on procedural matters) on any proceeding.

[42 FR 10833, Feb. 24, 1977]



Sec. 900.17  Additional documents to be filed with hearing clerk.

    In addition to the documents or papers required or authorized by the 
foregoing provisions of this subpart to be filed with the hearing clerk, 
the hearing clerk shall receive for filing and shall have custody of all 
papers, reports, records, orders, and other documents which relate to 
the administration of any marketing agreement or marketing order and 
which the Secretary is required to issue or to approve.



Sec. 900.18  Hearing before Secretary.

    The Secretary may act in the place and stead of a judge in any 
proceeding under this subpart. When he so acts the hearing clerk shall 
transmit the record to the Secretary at the expiration of the period 
provided for the filing of proposed findings of fact, conclusions and 
orders, and the Secretary shall thereupon, after due consideration of 
the record, issue his final decision in the proceeding: Provided, That 
he may issue a tentative decision in which event the parties shall be 
afforded an opportunity to file exceptions before the issuance of the 
final decision.



Subpart--Rules of Practice Governing Proceedings on Petitions To Modify 
                 or To Be Exempted From Marketing Orders

    Authority: 7 U.S.C. 608c.



Sec. 900.50  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.



Sec. 900.51  Definitions.

    As used in this subpart, the terms as defined in the act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term 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. and Sup. 601);
    (b) The term Department means the United States Department of 
Agriculture;
    (c) The term 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 for the Secretary;
    (d) The term judge means any Administrative Law Judge, appointed 
pursuant to 5 U.S.C. 3105, and assigned to the proceeding involved;
    (e) The term Administrator means the Administrator of the 
Agricultural Marketing Service or any officer or employee of the 
Department to whom authority has been delegated or may hereafter be 
delegated to act for the Administrator.
    (f) [Reserved]
    (g) The term Federal Register means the publication provided for by 
the act of July 26, 1935 (49 Stat. 500),

[[Page 15]]

and acts supplementary thereto and amendatory thereof;
    (h) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the act;
    (i) The term handler means any person who, by the terms of a 
marketing order, is subject thereto, or to whom a marketing order is 
sought to be made applicable;
    (j) The term proceeding means a proceeding before the Secretary 
arising under section 8c(15)(A) of the Act.
    (k) The term hearing means that part of the proceeding which 
involves the submission of evidence;
    (l) The term party includes the Department;
    (m) The term hearing clerk means the hearing clerk, United States 
Department of Agriculture, Washington, D.C.;
    (n) [Reserved]
    (o) The term decision means the judge's initial decision in 
proceedings subject to 5 U.S.C. 556 and 557, and includes the judge's 
(1) findings of fact and conclusions with respect to all material issues 
of fact, law or discretion as well as the reasons or basis thereof, (2) 
order, and (3) rulings on findings, conclusions and orders submitted by 
the parties;
    (p) The term petition includes an amended petition.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28 
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29, 
1973; 67 FR 10829, Mar. 11, 2002]



Sec. 900.52  Institution of proceeding.

    (a) Filing and service of petition. Any handler desiring to complain 
that any marketing order or any provision of any such order or any 
obligation imposed in connection therewith is not in accordance with 
law, shall file with the hearing clerk, in quadruplicate, a petition in 
writing addressed to the Secretary. Promptly upon receipt of the 
petition, the hearing clerk shall transmit a true copy thereof to the 
Administrator and the General Counsel, respectively.
    (b) Contents of petition. A petition shall contain:
    (1) The correct name, address, and principal place of business of 
the petitioner. If petitioner is a corporation, such fact shall be 
stated, together with the name of the State of incorporation, the date 
of incorporation, and the names, addresses, and respective positions 
held by its officers; if an unincorporated association, the names and 
addresses of its officers, and the respective positions held by them; if 
a partnership, the name and address of each partner;
    (2) Reference to the specific terms or provisions of the marketing 
order, or the interpretation or application thereof, which are 
complained of;
    (3) A full statement of the facts (avoiding a mere repetition of 
detailed evidence) upon which the petition is based, and which it is 
desired that the Secretary consider, setting forth clearly and concisely 
the nature of the petitioner's business and the manner in which 
petitioner claims to be affected by the terms or provisions of the 
marketing order, or the interpretation or application thereof, which are 
complained of;
    (4) A statement of the grounds on which the terms or provisions of 
the marketing order, or the interpretation or application thereof, which 
are complained of, are challenged as not in accordance with law;
    (5) Prayers for the specific relief which the petitioner desires the 
Secretary to grant;
    (6) An affidavit by the petitioner, or, if the petitioner is not an 
individual, by an officer of the petitioner having knowledge of the 
facts stated in the petition, verifying the petition and stating that it 
is filed in good faith and not for purposes of delay.
    (c) Motion to dismiss petition--(1) Filing, contents, and responses 
thereto. If the Administrator is of the opinion that the petition, or 
any portion thereof, does not substantially comply, in form or content, 
with the act or with the requirements of paragraph (b) of this section, 
or is not filed in good faith, or is filed for purposes of delay, the 
Administrator may, within thirty days after the service of the petition, 
file with the Hearing Clerk a motion to dismiss the petition, or any 
portion thereof, on one or more of the grounds stated in this paragraph. 
Such motion shall specify the grounds of objection to the petition and 
if based, in whole or

[[Page 16]]

in part, on an allegation of fact not appearing on the face of the 
petition, shall be accompanied by appropriate affidavits or documentary 
evidence substantiating such allegations of fact. The motion may be 
accompanied by a memorandum of law. Upon receipt of such motion, the 
Hearing Clerk shall cause a copy thereof to be served upon the 
petitioner, together with a notice stating that all papers to be 
submitted in opposition to such motion including any memorandum of law, 
must be filed by the petitioner with the hearing clerk not later than 20 
days after the service of such notice upon the petitioner. Upon the 
expiration of the time specified in such notice, or upon receipt of such 
papers from the petitioner, the hearing clerk shall transmit all papers 
which have been filed in connection with the motion to the Judge for 
consideration.
    (2) Decision by the Judge. The Judge, after due consideration, shall 
render a decision upon the motion stating the reasons for his action. 
Such decision shall be in the form of an order and shall be filed with 
the hearing clerk who shall cause a copy thereof to be served upon the 
petitioner and a copy thereof to be transmitted to the Administrator. 
Any such order shall be final unless appealed pursuant to Sec. 900.65: 
Provided, That within 20 days following the service upon the petitioner 
of a copy of the order of the Judge dismissing the petition, or any 
portion thereof, on the ground that it does not substantially comply in 
form and content with the act or with paragraph (b) of this section, the 
petitioner shall be permitted to file an amended petition.
    (3) Oral argument. Unless a written application for oral argument is 
filed by a party with the hearing clerk not later than the time fixed 
for filing papers in opposition to the motion, it shall be considered 
that the party does not desire oral argument. The granting of a request 
to make oral argument shall rest in the discretion of the Judge.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973; 67 
FR 10829, Mar. 11, 2002]



Sec. 900.52a  Answer to petition.

    (a) Time of filing. Within 30 days after the filing of the petition, 
the Administrator shall file an answer thereto: Provided, That if a 
motion to dismiss the petition, in whole or in part, is made pursuant to 
Sec. 900.52(c), the answer shall be filed within 15 days after the 
service of an order of the judge denying the motion or granting the 
motion with respect to only a portion of the petition. The answer shall 
be filed with the hearing clerk who shall cause a copy thereof to be 
served promptly upon the petitioner.
    (b) Contents. The answer shall specify which of the material 
allegations of fact or of law in the petition are controverted and which 
are not controverted. The answer also may contain affirmative 
allegations of fact constituting separate defenses and statements of 
objections to the sufficiency of the whole or any part of the petition.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973; 67 
FR 10829, Mar. 11, 2002]



Sec. 900.52b  Amended pleadings.

    At any time before the close of the hearing the petition or answer 
may be amended, but the hearing shall, at the request of the adverse 
party, be adjourned or recessed for such reasonable time as the judge 
may determine to be necessary to protect the interests of the parties. 
Amendments subsequent to the first amendment or subsequent to the filing 
of an answer may be made only with leave of the judge or with the 
written consent of the adverse party.



Sec. 900.53  Withdrawal of petition.

    If, at any time after the petition is filed, the petitioner desires 
to withdraw the same, he shall file with the hearing clerk (or, if filed 
during the course of a hearing, with the judge) a written request for 
permission to withdraw. The judge may, in his discretion, thereupon 
dismiss the petition without further procedure: Provided, That, if the 
request to withdraw is filed after a hearing has been opened, permission 
to withdraw shall be granted only in exceptional circumstances.

[[Page 17]]



Sec. 900.54  Docket number.

    Each proceeding, immediately following its institution, shall be 
assigned a docket number by the hearing clerk and thereafter the 
proceeding may be referred to by such number.



Sec. 900.55  Judges.

    (a) Assignment. No judge who has any pecuniary interest in the 
outcome of the proceeding, or who has participated in any investigation 
preceding the institution of the proceeding, shall serve as judge in 
such proceeding.
    (b) Conduct. The judge shall conduct the proceeding in a fair and 
impartial manner and shall not discuss ex parte the merits of the 
proceeding with any person who is or who has been connected in any 
manner with the proceeding in an advocative or investigative capacity.
    (c) Powers of judges. Subject to review by the Secretary, as 
provided elsewhere in this subpart, the judge shall have power to:
    (1) Rule upon motions and requests;
    (2) Adjourn the hearing from time to time, and change the time and 
place of hearing;
    (3) Administer oaths and affirmations and take affidavits;
    (4) Issue subpenas, under the facsimile signature of the Secretary, 
requiring the attendance and testimony of witnesses and the production 
of books, records, contracts, papers, and other documentary evidence;
    (5) Examine witnesses and receive evidence;
    (6) Take or order, under the facsimile signature of the Secretary, 
the taking of depositions;
    (7) Admit or exclude evidence;
    (8) Hear oral argument on facts or law;
    (9) Consolidate hearings upon two or more petitions pertaining to 
the same order;
    (10) Do all acts and take all measures necessary for the maintenance 
of order at the hearing and the efficient conduct of the proceeding.
    (d) Who may act in absence of judge. In case of the absence of the 
judge or his inability to act, the powers and duties to be performed by 
him under these rules of practice in connection with a proceeding may, 
without abatement of the proceeding unless otherwise ordered by the 
Secretary, be assigned to any other judge.
    (e) Disqualification of judge. The judge may at any time withdraw as 
judge in a proceeding if he deems himself to be disqualified. Upon the 
filing by an interested person in good faith of a timely and sufficient 
affidavit of personal bias or disqualification of a judge, the Secretary 
shall determine the matter as a part of the record and decision in the 
proceeding, after making such investigation or holding such hearings, or 
both, as he may deem appropriate in the circumstances.



Sec. 900.56  Consolidated hearings.

    At the discretion of the judge, hearings upon two or more petitions 
pertaining to the same order may be consolidated, and the evidence taken 
at such consolidated hearing may be embodied in a single record.



Sec. 900.57  Intervention.

    Intervention in proceedings subject to this subpart shall not be 
allowed, except that, in the discretion of the Secretary or the judge, 
any person (other than the petitioner) showing a substantial interest in 
the outcome of a proceeding shall be permitted to participate in the 
oral argument and to file a brief.



Sec. 900.58  Prehearing conferences.

    In any proceeding in which it appears that such procedure will 
expedite the proceeding, the judge, at any time prior to the 
commencement of or during the course of the hearing, may request the 
parties or their counsel to appear at a conference before him to 
consider (a) the simplification of issues; (b) the possibility of 
obtaining stipulations of fact and of documents which will avoid 
unnecessary proof; (c) the limitation of the number of expert or other 
witnesses; and (d) such other matters as may expedite and aid in the 
disposition of the proceeding. No transcript of such conference shall be 
made, but the judge shall prepare and file for the record a written 
summary of the action taken at the conference, which shall incorporate 
any written stipulations or agreements made by

[[Page 18]]

the parties at the conference or as a result of the conference. If the 
circumstances are such that a conference is impracticable, the judge may 
request the parties to correspond with him for the purpose of 
accomplishing any of the objects set forth in this section. The judge 
shall forward copies of letters and documents to the parties as the 
circumstances require. Correspondence in such negotiations shall not be 
a part of the record, but the judge shall submit a written summary for 
the record if any action is taken.



Sec. 900.59  Motions and requests.

    (a) General. (1) All motions and requests shall be filed with the 
hearing clerk, except that those made during the course of an oral 
hearing may be filed with the judge or may be stated orally and made a 
part of the transcript.
    (2) The judge is authorized to rule upon all motions and requests 
filed or made prior to the transmittal by the hearing clerk to the 
Secretary of the record as provided in this subpart. The Secretary shall 
rule upon all motions and requests filed after that time.
    (b) Certification of motions. The submission or certification of any 
motion, request, objection, or other question to the Secretary, as 
provided in this subpart, shall be in the discretion of the judge.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973]



Sec. 900.60  Oral hearings before judge.

    (a) Time and place. The judge shall set a time and place for hearing 
and shall file with the hearing clerk a notice stating the time and 
place of hearing. If any change in the time or place of hearing becomes 
necessary, it shall be made by the judge, who, in such event, shall file 
with the hearing clerk a notice of the change. Such notice shall be 
served upon the parties, unless it is made during the course of an oral 
hearing and made a part of the transcript.
    (b) Appearances--(1) Representation. In any proceeding under the 
act, the parties may appear in person or by counsel or other 
representative. The Department, if represented by counsel, shall be 
represented by an attorney assigned by the General Counsel of the 
Department, and such attorney shall present or supervise the 
presentation of the position of the Department.
    (2) Debarment of counsel or representative. Whenever, while a 
proceeding is pending before him, the judge finds that a person acting 
as counsel or representative for any party to the proceeding is guilty 
of unethical or unprofessional conduct, the judge may order that such 
person be precluded from further acting as counsel or representative in 
such proceeding. An appeal to the Secretary may be taken from any such 
order, but the proceeding shall not be delayed or suspended pending 
disposition of the appeal: Provided, That the judge may suspend the 
proceeding for a reasonable time for the purpose of enabling the client 
to obtain other counsel or representative. In case the judge has issued 
an order precluding a person from further acting as counsel or 
representative in the proceeding, the judge, within a reasonable time 
thereafter, shall submit to the Secretary a report of the facts and 
circumstances surrounding the issuance of the order and shall recommend 
what action the Secretary should take respecting the appearance of such 
person as counsel or representative in other proceedings before the 
Secretary. Thereafter, the Secretary may, after notice and an 
opportunity for hearing, issue such order respecting the appearance of 
such person as counsel or representative in proceedings before the 
Secretary as the Secretary finds to be appropriate.
    (3) Failure to appear. If the petitioner, after being duly notified, 
fails to appear at the hearing, he shall be deemed to have authorized 
the dismissal of the proceeding, without further procedure, and with or 
without prejudice as the judge may determine. In the event that the 
petitioner appears at the hearing and no representative of the 
Department appears, the judge shall proceed ex parte to hear the 
evidence of the petitioner. Provided, That failure on the part of such 
representative of the Department to appear at a hearing shall not be 
deemed to be waiver of the Department's right to file suggested findings 
of fact, conclusions and order; to

[[Page 19]]

be served with a copy of the judge's initial decision and to appeal to 
the Secretary with respect thereto.
    (c) Order of proceeding. Except as may be determined otherwise by 
the judge, the petitioner shall proceed first at the hearing.
    (d) Evidence--(1) In general. The hearing shall be publicly 
conducted, and the testimony given at the hearing shall be reported 
verbatim.
    (i) The testimony of witnesses at a hearing shall be upon oath or 
affirmation and subject to cross-examination.
    (ii) Any witness may, in the discretion of the judge, be examined 
separately and apart from all other witnesses except those who may be 
parties to the proceeding.
    (iii) The judge shall exclude, insofar as practicable, evidence 
which is immaterial, irrelevant, or unduly repetitious, or which is not 
of the sort upon which responsible persons are accustomed to rely.
    (2) Objections. If a party objects to the admission or rejection of 
any evidence or to the limitation of the scope of any examination or 
cross-examination, or any other ruling of the judge, he shall state 
briefly the grounds of such objection, whereupon an automatic exception 
will follow which may be pursued in an appeal pursuant to Sec. 900.65 by 
the party adversely affected by the judge's ruling.
    (3) Depositions. The deposition of any witness shall be admitted, in 
the manner hereinafter provided in and subject to the provisions of 
Sec. 900.61.
    (4) Affidavits. Except as is otherwise provided in this subpart, 
affidavits may be admitted only if the evidence is otherwise admissible 
and the parties agree (which may be determined by their failure to make 
timely objections) that affidavits may be used.
    (5) Proof and authentication of official records or documents. An 
official record or document, when admissible for any purpose, shall be 
admissible in evidence without the production of the person who made or 
prepared the same. Such record or document shall, in the discretion of 
the judge, be evidenced by an official publication thereof or by a copy 
attested by the person having legal custody thereof and accompanied by a 
certificate that such person has the custody.
    (6) Exhibits. All written statements, charts, tabulations, or 
similar data offered in evidence at the hearing shall, after 
identification by the proponent and upon a satisfactory showing of the 
admissibility of the contents thereof, be numbered as exhibits and 
received in evidence and made a part of the record. Except where the 
judge finds that the furnishing of copies is impracticable, a copy of 
each exhibit, in addition to the original, shall be filed with the judge 
for the use of each other party to the proceeding. The judge shall 
advise the parties as to the exact number of copies which will be 
required to be filed and shall make and have noted on the record the 
proper distribution of the copies. If the testimony of a witness refers 
to a statute, or to a report, document, or transcript, the judge, after 
inquiry relating to the identification of such statute, report, 
document, or transcript, shall determine whether the same shall be 
produced at the hearing and physically be made a part of the evidence as 
an exhibit, or whether it shall be incorporated into the evidence by 
reference. If relevant and material matter offered in evidence is 
embraced in a report, document, or transcript containing immaterial or 
irrelevant matter, such immaterial or irrelevant matter shall be 
excluded and shall be segregated insofar as practicable, subject to the 
direction of the judge.
    (7) Official notice. Official notice will be taken of such matters 
as are judicially noticed by the courts of the United States and of any 
other matter of technical, scientific, or commercial fact of established 
character: Provided, That the parties shall be given adequate notice, at 
the hearing or by reference in the judge's report or the tentative order 
or otherwise, of matters so noticed, and (except where official notice 
is taken, for the first time in the proceeding, in the final order) 
shall be given adequate opportunity to show that such facts are 
erroneously noticed.
    (8) Offer of proof. Whenever evidence is excluded from the record, 
the party offering such evidence may make an offer of proof, which shall 
be included

[[Page 20]]

in the transcript. The offer of proof shall consist of a brief statement 
describing the evidence to be offered. If the evidence consists of a 
brief oral statement or of an exhibit, it shall be inserted into the 
transcript in toto. In such event, it shall be considered a part of the 
transcript if the Secretary decides that the judge's ruling in excluding 
the evidence was erroneous. The judge shall not allow the insertion of 
such evidence in toto if the taking of such evidence will consume a 
considerable length of time at the hearing. In the latter event, if on 
appeal the Secretary decides that the judge erred in excluding the 
evidence, and that such error was substantial, the hearing shall be 
reopened to permit the taking of such evidence.
    (e) Transcript. Transcripts of hearings shall be made available to 
any person at actual cost of duplication.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29798, Oct. 29, 1973; 67 
FR 10829, Mar. 11, 2002]



Sec. 900.61  Depositions.

    (a) Procedure in lieu of deposition. Before any party may have 
testimony taken by deposition, said party shall, if practicable, submit 
to the other party an affidavit which shall set forth the facts to which 
the witness would testify, if the deposition should be taken. If, after 
examination of such affidavit, the other party agrees, or (within 10 
days after submission of the affidavit) fails to object, that the 
affidavit may be used in lieu of the deposition, the judge shall admit 
the affidavit in evidence and shall not order the deposition to be 
taken.
    (b) Application for taking deposition. Upon the application of a 
party to the proceeding, the judge may, at any time after the filing of 
the moving paper, order, under the facsimile signature of the Secretary, 
the taking of testimony by deposition. The application shall be in 
writing and shall be filed with the hearing clerk and shall set forth: 
(1) The name and address of the proposed deponent; (2) the name and 
address of the person (referred to hereinafter in this section as the 
judge), qualified under the rules in this part to take depositions, 
before whom the proposed examination is to be made; (3) the proposed 
time and place of the examination, which shall be at least 15 days after 
the date of the mailing of the application; and (4) the reasons why such 
deposition should be taken.
    (c) Judge's order for taking deposition. If, after the examination 
of the application, the judge is of the opinion that the deposition 
should be taken, he shall order its taking. The order shall be filed 
with the hearing clerk and shall be served upon the parties and shall 
state: (1) The time and place of the examination (which shall not be 
less than 10 days after the filing of the order); (2) the name of the 
judge before whom the examination is to be made; (3) the name of the 
deponent. The judge and the time and place need not be the same as those 
suggested in the application.
    (d) Qualifications of judge. The deposition shall be taken before 
the judge, or before a judge authorized by the law of the United States 
or by the law of the place of the examination to administer oaths, or 
before a judge authorized by the Secretary to administer oaths.
    (e) Procedure on examination. (1) The deponent shall be examined 
under oath or affirmation and shall be subject to cross-examination. The 
testimony of the deponent shall be recorded by the judge or by some 
person under his direction and in his presence. In lieu of oral 
examination, parties may transmit written interrogatories to the judge 
prior to the examination and the judge shall propound such 
interrogatories to the deponent.
    (2) The applicant must arrange for the examination of the witness 
either by oral examination or by written interrogatories. If it is found 
by the judge, upon the protest of a party to the proceeding, that such 
party has his residence and his place of business more than 100 miles 
from the place of the examination and that it would constitute an undue 
hardship upon such party to be represented at the examination, the 
applicant will be required to conduct the examination by means of 
interrogatories. When the examination is conducted by means of 
interrogatories, copies of the interrogatories shall be served upon the 
other parties to the proceeding at least five days

[[Page 21]]

prior to the date set for the examination, and the other parties shall 
be afforded an opportunity to file with the judge cross-interrogatories 
at any time prior to the time of the examination.
    (f) Certification by judge. The judge shall certify on the 
deposition that the deponent was duly sworn by him and that the 
deposition is a true record of the deponent's testimony. He shall then 
securely seal the deposition, together with two copies thereof, in an 
envelope and mail the same by registered mail to the hearing clerk.
    (g) Use of depositions. A deposition ordered and taken in accord 
with the provisions of this section may be used in a proceeding under 
the act if the judge finds that the evidence is otherwise admissible and 
(1) that the witness is dead; or (2) that the witness is at a distance 
greater than 100 miles from the place of hearing, unless it appears that 
the absence of the witness was procured by the party offering the 
deposition; or (3) that the witness is unable to attend or testify 
because of age, sickness, infirmity, or imprisonment; or (4) that the 
party offering the deposition has endeavored to procure the attendance 
of the witness by subpena but has been unable to do so; or (5) that such 
exceptional circumstances exist as to make it desirable, in the 
interests of justice, to allow the deposition to be used. If a 
deposition has been taken, and the party upon whose application it was 
taken refuses to offer it in evidence, the other party may offer the 
deposition, or any part thereof, in evidence.



Sec. 900.62  Subpenas.

    (a) Issuance of subpenas. The attendance of witnesses and the 
production of documentary evidence from any place in the United States 
on behalf of any party to the proceeding may, by subpena, be required at 
any designated place of hearing. Subpenas may be issued by the Secretary 
or by the judge, under the facsimile signature of the Secretary, upon a 
reasonable showing by the applicant of the grounds, necessity, and 
reasonable scope thereof.
    (b) Application for subpena duces tecum. Subpenas for the production 
of documentary evidence, unless issued by the judge upon his own motion, 
shall be issued only upon a certified written application. Such 
application shall specify, as exactly as possible, the documents desired 
and shall show their competency, relevancy, and materiality and the 
necessity for their production.
    (c) Service of subpenas. Subpenas may be served (1) by a United 
States Marshal or his deputy, or (2) by any other person who is not less 
than 18 years of age, or (3) by registering and mailing a copy of the 
subpena addressed to the person to be served at his or its last known 
residence or principal place of business or residence. Proof of service 
may be made by the return of service on the subpena by the United States 
Marshal or his deputy; or, if served by an individual other than a 
United States Marshal or his deputy, by an affidavit of such person 
stating that he personally served a copy of the subpena upon the person 
named therein; or, if service was by registered mail, by an affidavit 
made by the person mailing the subpena that it was mailed as provided in 
this paragraph and by the signed return post office receipt: Provided, 
That, if the subpena is issued on behalf of the Department, the return 
receipt without an affidavit of mailing shall be sufficient proof of 
service. In making personal service, the person making service shall 
leave a copy of the subpena with the person subpenaed; the original, 
bearing or accompanied by the required proof of service, shall be 
returned to the official who issued the same.

[25 FR 5907, June 28, 1960, as amended 67 FR 10829, Mar. 11, 2002]



Sec. 900.63  Fees and mileage.

    Witnesses who are subpenaed and who appear in such proceeding, 
including witnesses whose depositions are taken, shall be paid the same 
fees and mileage that are paid witnesses in the courts of the United 
States, and persons taking depositions shall be entitled to the same 
fees as are paid for like services in the courts of the United States, 
to be paid by the party at whose request the deposition is taken. 
Witness fees and mileage shall be paid by the party at whose instance

[[Page 22]]

the witnesses appear, and claims therefor, as to witnesses subpenaed on 
behalf of the Department, shall be proved before the person issuing the 
subpena, and, as to witnesses subpenaed on behalf of any other party, 
shall be presented to such party.



Sec. 900.64  The Judge's decision.

    (a) Corrections to and certification of transcript. (1) At such time 
as the judge may specify, but not later than the time fixed for filing 
proposed findings of fact, conclusions and order, or briefs, as the case 
may be, the parties may file with the judge proposed corrections to the 
transcript.
    (2) As soon as practicable after the filing of proposed findings of 
fact, conclusions and order, or briefs, as the case may be, the judge 
shall file with the hearing clerk his certificate indicating any 
corrections to be made in the transcript, and stating that, to the best 
of his knowledge and belief, the transcript, as corrected, is a true, 
correct, and complete transcript of the testimony given at the hearing, 
and that the exhibits are all the exhibits properly a part of the 
hearing record. The original of such certificate shall be attached to 
the original transcript and a copy of such certificate shall be served 
upon each of the parties by the hearing clerk who shall also enter onto 
the transcript (without obscuring the text) any correction noted in the 
certification.
    (b) Proposed findings of fact, conclusions, and orders. Within 10 
days (unless the judge shall have announced at the hearing a shorter or 
longer period of time) after the transcript has been filed with the 
hearing clerk, as provided in paragraph (a) of this section, each party 
may file with the hearing clerk proposed findings of fact, conclusions, 
and order, based solely upon the evidence of record, and briefs in 
support thereof.
    (c)  Judge's Decision. The judge, within a reasonable time after the 
termination of the period allowed for the filing of proposed findings of 
fact, conclusions,and orders, and briefs in support thereof, shall 
prepare upon the basis of the record, and shall file with the hearing 
clerk, his initial decision, a copy of which shall be served by the 
hearing clerk, upon each of the parties. Such decision shall become 
final without further proceedings 35 days after the date of service 
thereof, unless there is an appeal to the Secretary by a party to the 
proceeding: Provided, however, That no decision shall be final for the 
purpose of judicial review except a final decision issued by the 
Secretary pursuant to an appeal by a party to the proceeding.

[25 FR 5907, June 28, 1960, as amended at 38 FR 29799, Oct. 29, 1973; 67 
FR 10830, Mar. 11, 2002]



Sec. 900.65  Appeals to Secretary: Transmittal of record.

    (a) Filing of appeal. Any party who disagrees with a judge's 
decision or any part thereof, may appeal the decision to the Secretary 
by filing an appeal petition with the Hearing Clerk within 30 days after 
service of said decision upon said party. Each issue set forth in the 
appeal, and the arguments thereon, shall be separately numbered; shall 
be plainly and concisely stated; and shall contain detailed citations of 
the record, statutes, regulations and authorities being relied upon in 
support thereof. The appeal petition shall be served upon the other 
party to the proceeding by the hearing clerk.
    (b) Argument before Secretary--(1) Oral argument. A party bringing 
an appeal may request within the prescribed time period for filing such 
appeal, an opportunity for oral argument before the Secretary. Failure 
to make such request in writing, within the prescribed time period, 
shall be deemed a waiver of oral argument. The Secretary, in his 
discretion, may grant, refuse or limit any request for oral argument on 
appeal.
    (2) Scope of argument. Argument to be heard on appeal, whether oral 
or in a written brief, shall be limited to the issues raised by the 
appeal, except that if the Secretary determines that additional issues 
should be argued, the parties shall be given reasonable notice of such 
determination, so as to permit preparation of adequate arguments on all 
the issues to be argued.
    (c) Response. Within 20 days after service of an appeal brought by a 
party to the proceeding, any other party may

[[Page 23]]

file a response in support of or in opposition to such appeal.
    (d) Transmittal of record. Whenever an appeal is filed by a party to 
the proceeding, the hearing clerk shall transmit to the Secretary the 
record of the proceeding. Such record shall include: The pleadings; any 
motions and requests filed, and the rulings thereon; the transcript of 
the testimony taken at the hearing, as well as the exhibits filed in 
connection therewith; any statements filed under the shortened 
procedure; any documents or papers filed in connection with prehearing 
conferences; such proposed findings of fact, conclusions, and orders, 
and briefs in support thereof, as may have been filed in connection with 
the hearing; the judge's initial decision; and the appeal petition; 
briefs in support thereof, and responses thereto as may have been filed 
in the proceeding.

[38 FR 29799, Oct. 29, 1973, as amended at 67 FR 10830, Mar. 11, 2002]



Sec. 900.66  Consideration of appeal by the Secretary and issuance of final order.

    (a) Consideration of appeal. As soon as practicable after the 
receipt of the record from the hearing clerk, or, in case oral argument 
was had, as soon as practicable thereafter, the Secretary, upon the 
basis of and after due consideration of the record, shall rule on the 
appeal. If the Secretary decides that no change or modification of the 
judge's decision is warranted, he may adopt the Judge's decision as the 
final order of the Secretary, preserving any right of the party bringing 
the appeal to seek judicial review of such decision in the proper forum. 
At no stage of the proceeding between its institution and the issuance 
of the order shall the Secretary discuss ex parte the merits of the 
proceeding with any person who is connected with the proceeding in an 
advocative or an investigative capacity, or with any representative of 
such person: Provided, however, That the Secretary may discuss the 
merits of the proceeding with such a person if all parties to the 
proceeding, or their representatives, have been given an opportunity to 
be present. If, notwithstanding the foregoing provisions of this 
section, a memorandum or other communication from any party, or from any 
person acting on behalf of any party, which relates to the merits of the 
proceeding, receives the personal attention of the Secretary (or, if an 
official other than the Secretary is to issue the order, then of such 
other official) during the pendency of the proceeding, such memorandum 
or communication shall be regarded as argument made in the proceeding 
and shall be filed with the hearing clerk, who shall serve a copy 
thereof upon the opposite party to file a reply thereto.
    (b) Issuance of final order. A final order issued by the Secretary 
shall be filed with the hearing clerk, who shall serve it upon the 
parties: Provided, That, if the terms of the order differ substantially 
from those proposed in the decision of the judge, the Secretary shall, 
if he deems it advisable to do so, direct that a copy of the order be 
served upon the parties as a tentative order; and, in such event, 
opportunity shall be given the parties to file exceptions thereto and 
written arguments or briefs in support of such exceptions. In such case, 
if exceptions are filed within a period of time (to be fixed by the 
Secretary but not to exceed 20 days) following the service of the 
tentative order, the Secretary shall give consideration, to and shall 
make such changes in the tentative order as he deems to be appropriate; 
otherwise, the tentative order shall become final, as of the day 
following the date of expiration of the period fixed for the filing of 
exceptions.

[38 FR 29799, Oct. 29, 1973]



Sec. 900.68  Petitions for reopening hearings; for rehearings or rearguments of proceedings; or for reconsideration of orders.

    (a) Petition requisite--(1) Filing; service. A petition for 
reopening the hearing to take further evidence, or for rehearing or 
reargument of the proceeding, or for reconsideration of the order shall 
be made by petition addressed to the Secretary and filed with the 
hearing clerk, who immediately shall notify and serve a copy thereof 
upon the other party to the proceeding. Every such petition shall state 
specifically the grounds relied upon.

[[Page 24]]

    (2) Petitions to reopen hearings. A petition to reopen the hearing 
for the purpose of taking additional evidence may be filed at any time 
prior to the issuance of the final order. Every such petition shall 
state briefly the nature and purpose of the evidence to be adduced, 
shall show that such evidence is not merely cumulative, and shall set 
forth a good reason why such evidence was not adduced at the hearing.
    (3) Petitions to rehear or reargue proceedings, or to reconsider 
orders. A petition to rehear or reargue the proceeding or to reconsider 
the final order shall be filed within 15 days after the date of the 
service of such order. Every such petition shall state specifically the 
matters claimed to have been erroneously decided, and alleged errors 
must be briefly stated.
    (b) Procedure for disposition of petitions. Within 10 days following 
the service of any petition provided for in this section, the other 
party to the proceeding shall file with the hearing clerk an answer 
thereto. As soon as practicable thereafter, the Secretary shall announce 
the decision granting or denying the petition. Unless the Secretary 
shall determine otherwise, the issuance or operation of the order shall 
not be stayed pending the decision of the Secretary upon the petition. 
In the event that any such petition is granted by the Secretary, the 
applicable rules of practice, as set out elsewhere in this subpart, 
shall be followed.

[25 FR 5907, June 28, 1960, as amended at 67 FR 10830, Mar. 11, 2002]



Sec. 900.69  Filing; service; extensions of time; effective date of filing; and computation of time.

    (a) Filing; number of copies. Except as provided otherwise herein, 
all documents or papers required or authorized in this subpart to be 
filed with the hearing clerk shall be filed in quadruplicate: Provided, 
That, if there are more than two parties to the proceeding, a sufficient 
number of additional copies shall be filed so as to provide for service 
upon all the parties to the proceeding. Any document or paper, required 
or authorized in this subpart to be filed with the hearing clerk, shall, 
during the course of an oral hearing, be filed with the judge.
    (b) Service; proof of service. Copies of all such papers shall be 
served upon the parties by the hearing clerk, by the judge, or by some 
other employee of the Department or by a United States Marshal or his 
deputy. Service shall be made either (1) by delivering a copy of the 
document or paper to the individual to be served or to a member of the 
partnership to be served or to the president, secretary, or other 
executive officer or any director of the corporation, organization, or 
association to be served, or to the attorney or agent of record of such 
individual, partnership, corporation, organization, or association; or 
(2) by leaving a copy of the document or paper at the principal office 
or place of business of such individual, partnership, corporation, 
organization, or association, or of his or its attorney or agent of 
record; or (3) by registering and mailing a copy of the document or 
paper, addressed to such individual, partnership, corporation, 
organization, or association, or to his or its attorney or agent of 
record, at his or its last known principal office, place of business, or 
residence. Proof of service hereunder shall be made by the affidavit of 
the person who actually made the service. The affidavit contemplated 
herein shall be filed with the hearing clerk, and the fact of filing 
thereof shall be noted on the docket of the proceeding.
    (c) Extensions of time. The time for the filing of any documents or 
papers required or authorized in this subpart to be filed may be 
extended upon (1) a written stipulation between the parties, or (2) upon 
the request of a party, by the judge before the transmittal of the 
record to the Secretary, or by the Secretary at any other time if, in 
the judgment of the Secretary or the judge, as the case may be, there is 
good reason for the extension.
    (d) Effective date of filing. Any document or paper required or 
authorized in this subpart to be filed shall be deemed to be filed at 
the time it is received by the Hearing Clerk.
    (e) Computation of time. Each day, including Saturdays, Sundays, and 
legal public holidays, shall be included in computing the time allowed 
for filing any document or paper: Provided, That when the time for 
filing a document or

[[Page 25]]

paper expires on a Saturday, Sunday, or legal public holiday, the time 
allowed for filing the document or paper shall be extended to include 
the following business day.

[25 FR 5907, June 28, 1960, as amended at 67 FR 10830, Mar. 11, 2002]



Sec. 900.70  Applications for interim relief.

    (a) Filing the application. A person who has filed a petition 
pursuant to Sec. 900.52 may by separate application filed with the 
hearing clerk apply to the Secretary for an order postponing the 
effective date of, or suspending the application of, the marketing order 
or any provision thereof, or any obligation imposed in connection 
therewith, pending final determination of the proceeding.
    (b) Contents of the application. The application shall contain a 
statement of the facts upon which the relief is requested, including any 
facts showing irreparable injury. The application must be signed and 
sworn to by the petitioner and any facts alleged therein which are not 
within his personal knowledge shall be supported by affidavits of a 
person or persons having personal knowledge of such facts or by proper 
documentary evidence thereof.
    (c) Answer to application. Immediately upon receipt of the 
application, the hearing clerk shall transmit a copy thereof, together 
with all supporting papers, to the Administrator, who shall, within 20 
days, or such other time fixed by the Secretary, after the filing of the 
application file an answer thereto with the hearing clerk.
    (d) Contents of answer. The answer shall contain a statement of the 
objections, if any, of the Administrator to the application for interim 
relief, and may be supported by affidavits and documentary evidence.
    (e) Transmittal to Secretary. Upon receiving the answer of the 
Administrator or upon the expiration of the time for filing the answer, 
the hearing clerk shall transmit to the Secretary for his decision all 
papers filed in connection with the application.
    (f) Hearing and oral argument. The Secretary may, in his discretion, 
permit oral argument or the taking of testimony in connection with such 
application. However, unless written request therefor is filed with the 
hearing clerk prior to the transmittal of the papers to the Secretary, 
the parties shall be deemed to have waived oral argument and the taking 
of testimony.
    (g) Decision by Secretary. The Secretary may grant or deny the 
application. Any action taken by the Secretary shall be in the form of 
an order filed with the hearing clerk and shall contain a brief 
statement of the reasons for the action taken. The hearing clerk shall 
cause copies of the order to be served upon the parties.

[25 FR 5907, June 28, 1960, as amended at 67 FR 10830, Mar. 11, 2002]



Sec. 900.71  Hearing before Secretary.

    The Secretary may act in the place and stead of a judge in any 
proceeding hereunder. When he so acts the hearing clerk shall transmit 
the record to the Secretary at the expiration of the period provided for 
the filing of proposed findings of fact, conclusions and orders, and the 
Secretary shall thereupon, after due consideration of the record, issue 
his final order in the proceeding: Provided, That he may issue a 
tentative order in which event the parties shall be afforded an 
opportunity to file exceptions before the issuance of the final order.



Subpart--Supplemental Rules of Practice for Marketing Orders, Marketing 
 Agreements, and Requirements Issued Pursuant to 7 U.S.C. 608b(b) and 7 
            U.S.C. 608e Covering Fruits, Vegetables, and Nuts

    Authority: 7 U.S.C. 601-674.

    Source: 61 FR 20717, May 8, 1996, unless otherwise noted.



Sec. 900.80  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.



Sec. 900.81  Definitions.

    As used in this subpart, the terms as defined in the act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:

[[Page 26]]

    (a) The term Act means Public Act No. 10, 73 Congress (48 Stat. 31) 
as amended and as reenacted and amended by the Agricultural Marketing 
Agreement Act of 1937 (50 Stat. 246), as amended.
    (b) The term Department means the United States Department of 
Agriculture.
    (c) The term 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.
    (d) The term Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (e) The term proceeding means a proceeding before the Secretary 
arising under sections 8a, 8b(b), 8c(14), 8e, 10(c) and 10(h).
    (f) The term hearing means that part of the proceeding which 
involves the submission of evidence.
    (g) The term marketing agreement means any marketing agreement or 
any amendment thereto which may be entered into pursuant to section 8b 
of the act.
    (h) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the act, and after 
notice and hearing as required by said section.
    (i) The term handler means any person who, by the terms of a 
marketing order or marketing agreement, is subject thereto, or to whom a 
marketing order or marketing agreement is sought to be made applicable.
    (j) The term importer means any person who, by the terms of section 
8e of the act, is subject thereto.
    (k) The term person means any individual, corporation, partnership, 
association, or any other business unit.



Sec. 900.82  Stipulation procedures.

    The Administrator, or the Administrator's representative, may, at 
any time before the issuance of a complaint seeking a civil penalty 
under the Act, enter into a stipulation with any handler or importer in 
accordance with the following procedures:
    (a) The Administrator, or the Administrator's representative, shall 
give the handler or importer notice of the alleged violation of the 
applicable marketing order or marketing agreement, or the requirements 
issued pursuant to 7 U.S.C. 608b(b) and 7 U.S.C. 608e, and an 
opportunity for a hearing thereon as provided by the Act;
    (b) In agreeing to the proposed stipulation, the handler or importer 
expressly waives the opportunity for a hearing and agrees to pay a 
specified civil penalty within a designated time;
    (c) The Administrator, or the Administrator's representative, agrees 
to accept the specified civil penalty in settlement of the particular 
matter involved if it is paid within the designated time;
    (d) In cases where the handler or importer does not pay the 
specified civil penalty within the designated time, or the handler or 
importer does not agree to the stipulation, the Administrator may issue 
an administrative complaint; and
    (e) The civil penalty that the Administrator may have proposed in a 
stipulation agreement shall have no bearing on the civil penalty amount 
that the Department may seek in a formal administrative proceeding 
against the same handler or importer for the same alleged violation.



Subpart--Procedure Governing Meetings To Arbitrate and Mediate Disputes 
                Relating to Sales of Milk or Its Products

    Authority: Sec. 3, 50 Stat. 248; 7 U.S.C. 671.



Sec. 900.100  Words in the singular form.

    Words in this subpart in the singular form shall be deemed to import 
the plural, and vice versa, as the case may demand.



Sec. 900.101  Definitions.

    As used in this subpart, the terms as defined in the act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term act means section 3 of the Agricultural Marketing 
Agreement

[[Page 27]]

Act of 1937, as amended (50 Stat. 248, as amended; 7 U.S.C. 671);
    (b) The term Department means the United States Department of 
Agriculture;
    (c) The term 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;
    (d) The term General Counsel means the General Counsel of the 
Department;
    (e) The term Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead;
    (f) The term Service means the Agricultural Marketing Service;
    (g) The term Division means the Dairy Division of the Service;
    (h) The term cooperative means any association, incorporated or 
otherwise, which is in good faith owned or controlled by producers, or 
organizations thereof, of milk or its products, and which is bona fide 
engaged in the collective processing or preparing for market or handling 
or marketing, in the current of interstate or foreign commerce, of milk 
or its products;
    (i) The term arbitrator means any officer or employee of the Service 
designated by the Administrator, pursuant to the act, to arbitrate a 
bona fide dispute with reference to the terms and conditions of the sale 
of milk or its products between a producer cooperative and purchasers, 
handlers, processors, or distributors of milk or its products;
    (j) The term mediator means any officer or employee of the Service 
designated by the Administrator, pursuant to the act, to mediate a bona 
fide dispute with reference to terms and conditions of the sale of milk 
or its products between a producer cooperative and purchasers, handlers, 
processors, or distributors of milk or its products;
    (k) The term hearing clerk means the hearing clerk, United States 
Departent of Agriculture, Washington, DC.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7797, Aug. 22, 1961; 28 
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972]



Sec. 900.102  Filing of applications for mediation or arbitration.

    All applications for mediation or arbitration, all submissions, and 
all correspondence regarding mediation or arbitration shall be addressed 
to the Secretary, attention of the Division.



Sec. 900.103  Application for mediation.

    An application for mediation by a cooperative, shall be in writing 
and shall include the following information:
    (a) Names in full of the parties to the dispute and their addresses;
    (b) Description of the cooperative organization and business, 
including copies of the articles of incorporation or association, by-
laws, and membership contract; information regarding the number of 
shares of outstanding stock and the approximate portion owned by active 
producers; a statement of the function performed in connection with the 
collective processing, preparing, handling, or marketing of milk or its 
products; and data relative to the distribution of membership by States, 
the distribution by States of plant facilities for collecting, 
processing, or disposing of milk or its products, and the business 
operations for the year last past, including the total quantity of milk 
and its products handled by the applicant and the proportion of that 
quantity that was sold in States other than the States of production;
    (c) Suggested time and place for meeting between parties and 
mediator.



Sec. 900.104  Inquiry by the Administrator.

    Upon receipt of an application for mediation, the Administrator, 
through such officers or employees of the Service as he may designate, 
may make any inquiry which is deemed to be necessary or proper in order 
to determine whether a bona fide dispute exists.



Sec. 900.105  Notification.

    The Administrator, acting on behalf of the Secretary will notify the 
applicant as to whether he considers that

[[Page 28]]

mediation will effectuate the purpose of the act and as to whether he 
will mediate.



Sec. 900.106  Assignment of mediator.

    The Director of the Division shall assign a mediator, from the group 
designated by the Administrator, to act in such capacity.



Sec. 900.107  Meetings.

    All meetings held pursuant to Secs. 900.103 to 900.109 shall be held 
with and under the direction of the mediator.



Sec. 900.108  Mediator's report.

    The mediator, upon the completion of mediation proceedings, shall 
submit to the Administrator a complete report on such proceedings.



Sec. 900.109  Mediation agreement.

    An agreement arrived at by mediation shall not become effective 
until approved by the Secretary, and the Secretary will not approve an 
agreement if there is evidence of fraud, if there is a lack of evidence 
to support the agreement, or if the agreement provides for any unfair 
trade practice.



Sec. 900.110  Application for arbitration.

    An application for arbitration by a cooperative shall be in writing 
and shall contain the following information:
    (a) Names in full of the parties to the dispute and their addresses;
    (b) The same information required under Sec. 900.103(b);
    (c) Concise statement of dispute to be submitted;
    (d) Originals or certified copies of all contracts, if any, involved 
in the dispute, and of correspondence which has passed between the 
parties and of any other documents or information relied upon;
    (e) Dates before which it is desired that the hearing shall be had 
and the award shall become effective;
    (f) Suggested time and place for arbitration hearing.
    The applicant shall send a copy of the application to each other 
party to the dispute.



Sec. 900.111  Inquiry by the Administrator.

    Upon receipt of an application for arbitration, the Administrator, 
through such officers or employees of the Service as he may designate, 
may make any inquiry deemed to be necessary or proper in order to 
determine whether a bona fide dispute exists, to assist the parties in 
reducing the dispute to well-defined issues, and to select an arbitrator 
who would be satisfactory to all parties.



Sec. 900.112  Notification.

    The Administrator, acting on behalf of the Secretary, within a 
reasonable time after the receipt of an application, will notify the 
applicant as to whether he will grant the application.



Sec. 900.113  Submission.

    (a)(1) Within a reasonable time after the receipt of the 
Administrator's consent to arbitrate, the parties to the dispute shall 
file with the Administrator a formal submission, which shall contain the 
following information:
    (i) Names in full of the parties;
    (ii) Addresses of the parties to whom all notifications and 
communications concerning the arbitration shall be sent;
    (iii) Description of the organization and businesses of all parties 
to the dispute, including sufficient information to show that the 
cooperative is a bona fide one, and that the parties are engaged in 
activities in the current of interstate or foreign commerce;
    (iv) Concise statement of the specific questions submitted and a 
brief outline of the contentions of each party to the dispute, and a 
statement as to the period of time during which the award shall be in 
effect, said period to be not less than thirty days from the effective 
date of the award;
    (v) Name of arbitrator;
    (vi) Time and place of arbitration, including street address;
    (vii) Stipulation by the parties that they will produce any books, 
records, and correspondence required by the arbitrator as being 
necessary to a fair determination of the dispute;
    (viii) Agreement by the parties that they will consider the award as 
final and will comply therewith;

[[Page 29]]

    (ix) Stipulation by the parties that arbitration is to take place 
under rules and regulations issued by the Secretary, and that any such 
rules and regulations pertaining to mediation and arbitration shall be 
considered a part of the submission;
    (x) Stipulation that a stenographic report of the proceedings must 
be made.
    (2) The submission shall be signed by each party before a notary 
public, and when the signature is that of an agent of a corporation or 
cooperative association, the same shall be accompanied by evidence of 
the authority to sign.
    (3) A submission may be withdrawn at any time before the award, and 
any question held by the arbitrator to be a separable question may be 
withdrawn before award by agreement of all parties. When any question is 
so withdrawn, the parties shall file with the arbitrator the agreement 
on that question reached by the parties, showing all the details 
thereof, and the arbitrator shall include it in the record of the 
arbitration.
    (b) [Reserved]



Sec. 900.114  Designation of arbitrator.

    The Administrator, after receiving the submission, will designate 
one or more persons to act as arbitrator.



Sec. 900.115  Hearing.

    (a) The arbitrator shall have full discretion to conduct the hearing 
in such manner as will, in his opinion, enable him to ascertain all the 
facts in the case.
    (b) Parties to the dispute may appear in person or by duly 
accredited agents and may be represented by counsel.
    (c) All relevant and material evidence may be presented. The 
arbitrator shall not be bound by the legal rules of evidence.
    (d) The arbitrator, in the presence of the parties, may require the 
production of books and records for examination by himself, but not for 
examination of confidential information by other parties to the dispute 
unless the party producing the same consents to its examination by the 
other parties to the dispute.
    (e) No evidence offered by one party shall be recieved except in the 
presence of all parties unless the parties so agree in a submission 
specifying the nature of the evidence to be received.
    (f) Final determination as to what will be considered confidential 
information shall be made by the arbitrator.
    (g) The arbitrator may request the opinions of economists, marketing 
specialists, statisticians, lawyers, accountants, and other experts.
    (h) When more than two arbitrators are designated to hear a dispute, 
and they disagree, the award of the majority shall be the final award. 
If the arbitrators are evenly divided, there shall be no award.
    (i) A stenographic record of all the proceedings during an 
arbitration must be made.



Sec. 900.116  Award.

    (a) An award shall be made within ten days after the close of the 
hearing.
    (1) The award shall be in writing and shall cover only points of 
dispute raised in the submission.
    (2) The arbitrator, in making the award, may use his own technical 
knowledge in addition to the evidence submitted by the parties.
    (3) The award shall state the period during which it shall be in 
effect, said period to be not less than thirty days from the effective 
date thereof; and said period may be extended by agreement among the 
parties upon notification thereof to the Administrator, unless or until 
the Administrator withdraws his approval.
    (4) The arbitrator shall sign the award in the presence of a notary 
public, or, when more than one arbitrator is designated the arbitrator 
shall sign in the presence of each other.
    (5) Copies of the award shall be delivered to the parties by the 
Division.
    (b) [Reserved]



Sec. 900.117  Approval of award.

    The award shall not become effective until approved by the 
Secretary, and the Secretary will not approve an award if there is 
evidence of fraud, or evidence of misconduct upon the part of the 
arbitrator, or lack of evidence to support the award, or if the award 
provides for any unfair trade practice.

[[Page 30]]



Sec. 900.118  Costs.

    The parties jointly shall pay for the stenographic record. A copy of 
the record shall be furnished by the parties to the arbitrator and shall 
be forwarded by him to the Administrator, ultimately to be filed in the 
office of the hearing clerk. The arbitrator shall not receive 
compensation for parties to the dispute.



                   Subpart--Miscellaneous Regulations

    Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.



Sec. 900.200  Definitions.

    As used in this subpart, the terms as defined in the Act shall apply 
with equal force and effect. In addition, unless the context otherwise 
requires:
    (a) The term Act means Public Act No. 10, 73d Congress (48 Stat. 
31), as amended and as reenacted and amended by the Agricultural 
Marketing Agreement Act of 1937 (50 Stat. 246, 7 U.S.C. 601), as 
amended;
    (b) The term Department means the United States Department of 
Agriculture;
    (c) The term 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;
    (d) The term General Counsel means the General Counsel of the 
Department;
    (e) The term Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (f) [Reserved]
    (g) The term Federal Register means the publication provided for by 
the Act of July 26, 1935 (49 Stat. 500), and Acts supplementary thereto 
and amendatory thereof;
    (h) The term marketing agreement means any marketing agreement or 
any amendment thereto which may be entered into pursuant to section 8b 
of the Act;
    (i) The term marketing order means any order or any amendment 
thereto which may be issued pursuant to section 8c of the Act;
    (j) The term person means any individual, corporation, partnership, 
association, or any other business unit;
    (k) The term official means the Secretary, any officer, employee, or 
other person employed or appointed by the Department, and any agency or 
agent appointed by the Secretary to administer a marketing agreement or 
a marketing order, and any agent or employee of any such agency or 
agent;
    (l) The term information means and includes reports, books, 
accounts, records, and the facts and information contained therein and 
required to be furnished to or acquired by any official pursuant to the 
provisions of any marketing agreement or marketing order.

[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28 
FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972]



Sec. 900.201  Investigation and disposition of alleged violations.

    Whenever the Administrator has reason to believe that any handler 
has violated, or is violating, the provisions of any marketing order, he 
may institute such investigation and, after due notice to such handler, 
conduct such hearing in order to determine the facts as, in his opinion, 
are warranted. If, in the opinion of the Administrator and the General 
Counsel, the facts developed as a result of such investigation or 
hearing warrant such action, the General Counsel shall refer the matter 
to the Attorney General for appropriate action.



Sec. 900.210  Disclosures of information.

    All information in the possession of any official which relates to 
the business or property of any person, and which was furnished by, or 
obtained from, such person pursuant to the provisions of any marketing 
agreement or marketing order, shall be kept confidential and shall not 
be disclosed, divulged, or made public, unless otherwise expressly 
provided in said marketing agreement or marketing order, or unless said 
person authorizes said

[[Page 31]]

official, in writing, to disclose such information, except that:
    (a) Such information may be disclosed, divulged, or made public if 
it has been obtained from or furnished by a person who is not the person 
to whose business or property such information relates or an employee of 
such latter person, or if such information is otherwise required by law 
to be furnished to an official;
    (b) Such information may be furnished to other officials for use in 
the regular course of their official duties;
    (c) Such information may be combined and published in the form of 
general statistical studies or data in which the identity of the person 
furnishing such information or from whom it was obtained shall not be 
disclosed;
    (d) Such information may be disclosed upon lawful demand made by the 
President or by either House of Congress or any committee thereof, or, 
if the Secretary determines that such disclosure is not contrary to the 
public interest, such information may be disclosed in response to a 
subpena by any court of competent jurisdiction.
    (e) Such information may be offered in evidence (whether or not it 
has been obtained from or furnished by the person against whom it is 
offered) by or on behalf of the Secretary, the United States, or the 
official who obtained it or to whom it was furnished, in any 
administrative hearing held pursuant to section 8c(15)(A) of the Act or 
in any action, suit, or proceeding, civil or criminal, in which the 
Secretary or the United States or any such official is a party, and:
    (1) Which is instituted (i) for the purpose of enforcing or 
restraining the violation of any marketing agreement or marketing order, 
or (ii) for the purpose of collecting any penalty or forfeiture provided 
for in the Act, or (iii) for the purpose of collecting any monies due 
under a marketing agreement or marketing order, or
    (2) In which the validity of any marketing agreement or marketing 
order, or any provision of either, is challenged or involved.
    (f) Such information may be furnished to the duly constituted 
authorities of any State, pursuant to a written agreement made under 
authority of section 10(i) of the Act, to the extent that such 
information is relevant to transactions within the regulatory 
jurisdiction of such authorities.



Sec. 900.211  Penalties.

    Any official who shall have violated the provisions of Sec. 900.210 
by wilfully divulging, disclosing, or making public any information 
acquired by or furnished to or in the possession or custody of such 
official pursuant to the provisions of a marketing agreement or 
marketing order shall be subject to a penalty of $100 for each offense. 
(The civil penalty provided in this section is prescribed under the 
authority contained in sec. 10(c) of the Act (7 U.S.C. 610(c)); this 
provision is not intended to supersede the provision in section 8d(2) of 
the Act (7 U.S.C. 608d(2)) for criminal liability and removal from 
office.)



   Subpart--Procedure for Conduct of Referenda To Determine Producer 
   Approval of Milk Marketing Orders To Be Made Effective Pursuant to 
        Agricultural Marketing Agreement Act of 1937, as Amended

    Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

    Source: 30 FR 15412, Dec. 15, 1965, unless otherwise noted.



Sec. 900.300  General.

    Unless otherwise prescribed, the procedure contained in this subpart 
shall be applicable to each producer referendum conducted for the 
purpose of ascertaining whether the issuance by the Secretary of a milk 
marketing order is approved or favored, as required under the applicable 
provisions of the Agricultural Marketing Agreement Act of 1937, as 
amended (48 Stat. 31, as amended, 7 U.S.C. 601-674). The procedure in 
this subpart replaces the procedure for conducting similar referenda (15 
FR 5177) issued August 7, 1950.



Sec. 900.301  Definitions.

    As used in this subpart and in all supplementary instructions, 
forms, and

[[Page 32]]

documents, unless the context or subject matter otherwise requires, the 
following terms shall have the following meanings:
    (a) Act. Act means Public Act No. 10, 73d Congress (48 Stat. 31), as 
amended, and as re-enacted and amended by the Agricultural Marketing 
Agreement Act of 1937 (50 Stat. 246), as amended.
    (b) Department. Department means the United States Department of 
Agriculture.
    (c) 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.
    (d) Administrator. Administrator means the Administrator of the 
Agricultural Marketing Service, with power to redelegate, or any officer 
or employee of the Department to whom authority has been delegated or 
may hereafter be delegated to act in his stead.
    (e) Person. Person includes any individual, partnership, 
corporation, association, and any other business unit.
    (f) Order. Order means the marketing order (including an amendatory 
order) with respect to which the Secretary has directed that a 
referendum be conducted.
    (g) Producer. Producer means any person who is a dairy farmer and 
who, during the representative period, met the requirements of the term 
producer as defined in the order had such order been in effect during 
the representative period.
    (h) Handler. Handler means any person who, during the representative 
period, met the requirements of the term handler as defined in the order 
had such order been in effect during the representative period.
    (i) Referendum agent. Referendum agent means the person designated 
by the Secretary to conduct the referendum.
    (j) Representative period. Representative period means the period 
designated by the Secretary pursuant to section 8c of the Act (7 U.S.C. 
608c).
    (k) Cooperative association. Cooperative association means any 
association of producers that the administrator has found to be 
qualified pursuant to section 608c(12) of the Act.

[30 FR 15412, Dec. 15, 1965, as amended at 37 FR 8059, Apr. 25, 1972]



Sec. 900.302  Associations eligible to vote.

    (a) Any association of producers, not previously determined to be a 
cooperative association may file an application for a determination as 
to whether it is a cooperative association and thus eligible to vote in 
a referendum. Such application shall be filed with the Administrator at 
least 60 days prior to the holding of the referendum: Provided, however, 
That the Administrator may permit the filing of an application in less 
than 60 days when, in the opinion of the Administrator, such filing 
would not delay the conduct of the referendum.
    (b) Within a time fixed by the referendum agent, but not later than 
5 days prior to the final date for balloting, each cooperative 
association electing to vote shall, upon the request of the referendum 
agent, furnish to him a certified list showing the name and address of 
each producer for whom it claims the right to vote and the plant at 
which such person's milk was received during the representative period.



Sec. 900.303  Conduct of referendum.

    The referendum shall be conducted by mail in the manner prescribed 
in this subpart. The referendum agent may utilize such personnel or 
agencies of the Department as are deemed necessary by the Administrator.



Sec. 900.304  Who may vote.

    (a) Each producer shall be entitled to only one vote and to cast one 
ballot in each referendum; and no person who may claim to be a producer 
shall be refused a ballot. Each producer casting more than one ballot 
with conflicting votes shall thereby invalidate all ballots cast by such 
producer in such referendum. Each ballot cast shall contain a 
certification by the person casting the ballot that he is a producer.
    (b) Except as provided in section 8c(5)(B) of the act, as amended, 
any cooperative association eligible under Sec. 900.302 may, if it 
elects to do so, vote and cast one ballot for producers who

[[Page 33]]

are members of, stockholders in, or under contract with, such 
cooperative association. A cooperative association shall submit, with 
its ballot, a certified copy of the resolution authorizing the casting 
of the ballot. Each such cooperative association entitled to vote in a 
referendum casting more than one ballot with conflicting votes shall 
thereby invalidate all ballots cast by such voter in such referendum.
    (c) Voting by proxy or agent, or in any manner, except by the 
producer or cooperative association will not be permitted; however, a 
producer which is other than an individual may cast its ballot by a 
person who is duly authorized and such ballot shall contain a 
certification by such person that the person on whose behalf the ballot 
is cast is a producer.



Sec. 900.305  Duties of referendum agent.

    The referendum agent shall also:
    (a) For purposes of mailing, prepare a record of producers which 
will disclose the name of each such person, his address, the name of the 
handler who received the producer's milk during the representative 
period, and the name of the cooperative association, if any, which 
claims the right to vote for the producer. Such record may be compiled 
from readily available sources, including the following:
    (1) Records of the Department;
    (2) Producer records supplied by handlers;
    (3) Health authority records;
    (4) Certifications signed by dairy farmers who claim to be 
producers;
    (5) Any other reliable sources of information which may be available 
to the referendum agent.
    (b) Apply, as a guide, the following criteria in preparing a record 
of producers:
    (1) When the order requires approval by an appropriate health 
authority before a person meets the definition of producer, only those 
persons having such approval and who otherwise meet the definition may 
be regarded as producers. When the definition of producer requires the 
shipment of milk to a handler or a plant as well as health authority 
approval, only those persons having such approval and whose milk was 
received by a handler or at a plant may be regarded as producers.
    (2) When the order requries shipment to a handler or to a plant, 
without regard to health authority approval, a person may not be 
regarded as a producer, except as provided in paragraph (b)(6) of this 
section, unless his name appears on the handler's producer records.
    (3) In the case of a producer that is other than an individual, the 
business unit shall be regarded as the producer.
    (4) No person may be included in the record more than once although 
he may operate more than one farm, hold more than one health authority 
approval, or appear on more than one handler's producer records.
    (5) In the event the health authority records are not available, are 
inaccurate, or are incomplete, the appearance of the producer's name on 
a handler's records as an approved producer shall be prima facie 
evidence of health authority approval.
    (6) In the event any handler refuses or fails to make his records 
available to the referendum agent, a certification signed by the 
producer shall be regarded by the referendum agent as prima facie 
evidence that such person is eligible to vote.
    (c) Verify the information supplied by each cooperative association 
which wishes to vote on behalf of producers, as follows:
    (1) Examine the records of the cooperative association for the 
purpose of ascertaining whether each producer claimed by the cooperative 
association is a member of, stockholder in, or under contract with the 
cooperative association.
    (2) Identify the persons ascertained to be members of, stockholders 
in, or under contract with a cooperative association which wishes to 
vote on behalf of its producers with the names of producers which appear 
on the record compiled pursuant to paragraph (a) of this section.
    (3) In determining whether a cooperative association may vote on 
behalf of a producer the following criteria shall be used:

[[Page 34]]

    (i) The cooperative association may vote for each producer who is a 
member of, stockholder in, or under contract with such cooperative 
association on the date of the order directing that the referendum be 
conducted.
    (ii) The cooperative association may cast only one ballot for all 
such producers.
    (iii) Whenever more than one cooperative association claims the 
right to vote for a producer only the cooperative association which 
furnished evidence satisfactory to the referendum agent that such 
association was in fact marketing the milk of the producer on the date 
of the referendum order may vote for such producer.



Sec. 900.306  Notice of the referendum.

    (a) The referendum agent shall at least 5 days prior to the final 
date for balloting:
    (1) Mail to each cooperative association which has elected to cast a 
ballot on behalf of its producers and to each of all other known 
producers, a notice of the referendum which will include instructions 
for completing the ballot, a statement as to the time within which the 
ballot must be mailed to, and received by, the referendum agent, a copy 
of the final decision, and a ballot containing a description of the 
terms and conditions of the order.
    (2) Give public notice of the referendum:
    (i) By furnishing press releases and other information to available 
media of public information (including but not limited to press, radio, 
and television facilities) serving the area, announcing the time within 
which ballots must be completed and mailed to and received by the 
referendum agent, eligibility requirements, where additional information 
may be procured, and other pertinent information; and
    (ii) By such other means as said agent may deem advisable.
    (b) [Reserved]



Sec. 900.307  Time for voting.

    There shall be no voting except within the time specified by the 
referendum agent as stated in the notice of the referendum.



Sec. 900.308  Tabulation of ballots.

    (a) General. The referendum agent shall verify the information 
supplied with each ballot. If he ascertains that the person who cast the 
ballot was eligible to do so, that the ballot is complete and was mailed 
and received within the prescribed time, the ballot shall be eligible to 
be counted. If the referendum agent ascertains that the person who cast 
the ballot was not eligible to do so, or if the producer who cast the 
ballot was a member of, stockholder in, or under contract with a 
cooperative association which cast a valid ballot, or if the ballot is 
not completed or cast in accordance with instructions, or if the ballot 
was not mailed to or received by the referendum agent within the 
prescribed time, the ballot shall be marked ``disqualified'' with a 
notation on the ballot as to the reason for the disqualification. The 
total number of ballots cast, including the disqualified ballots, shall 
be ascertained. The number of eligible ballots cast approving and the 
number of eligible ballots cast disapproving the issuance of the order 
shall also be ascertained. The ballots marked ``disqualified'' shall not 
be considered as approving or disapproving the issuance of the order, 
and the persons who cast such ballots shall not be regarded as 
participating in the referendum.
    (b) Individual-handler pool provisions. Whenever separate approval 
of the pooling provisions of the order is required by section 
608c(5)(B)(i) of the act, any ballot which approves the issuance of the 
order and disapproves the pooling provisions, or approves the pooling 
provisions and disapproves the issuance of the order, shall be 
disqualified; and the referendum agent shall mark the ballot 
accordingly.
    (c) Record of results of the referendum. The referendum agent shall 
notify the Administrator of the number of eligible ballots cast, the 
count of the votes, the number of disqualified ballots and the number of 
producers who were eligible to cast ballots. The referendum agent shall 
seal the ballots, including those marked ``disqualified'', the list of 
eligible voters and tabulation of ballots, and shall transmit to the 
Administrator a complete detailed report of

[[Page 35]]

all action taken in connection with the referendum together with all the 
ballots cast and all other information furnished to or compiled by the 
referendum agent.
    (d) Announcement of the results of the referendum. Announcement of 
the results of the referendum will be made only at the direction of the 
Secretary. The referendum agent, or others who assist in the referendum, 
shall not disclose the results of the referendum or the total number of 
ballots cast.



Sec. 900.309  Confidential information.

    The ballots cast, the identity of any person who voted, or the 
manner in which any person voted and all information furnished to, 
compiled by, or in the possession of the referendum agent, shall be 
regarded as confidential.



Sec. 900.310  Supplementary instructions.

    The Administrator is authorized to issue instructions and to 
prescribe forms and ballots, not inconsistent with the provisions of 
this subpart, to govern the conduct of referenda by referendum agents.



Sec. 900.311  Submittals or requests.

    Interested persons may secure information or make submittals or 
requests to the Administrator with respect to the provisions contained 
in this subpart.



Subpart--Procedure for Determining the Qualification of Cooperative Milk 
                         Marketing Associations

    Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

    Source: 32 FR 9821, July 6, 1967, unless otherwise noted.



Sec. 900.350  General statement.

    Cooperative marketing associations apply for qualification by the 
Secretary under the Federal milk order program for certain privileges 
and exemptions. These privileges and exemptions are expressed in the 
Agricultural Marketing Agreement Act of 1937 (50 Stat. 246) as amended, 
and the milk marketing orders issued pursuant to its provisions.



Sec. 900.351  Applications for qualification.

    Any association of producers may apply for determinations as to 
whether it is a qualified cooperative association with authority to 
represent producers in order referendums; has authorization to collect 
payment from handlers for members' milk; and is rendering specified 
marketing services to producers. Applicant associations should supply 
information for these determinations, using as a guide Application Form 
DA-25. The application form may be obtained from the Dairy Division, 
Agricultural Marketing Service, United States Deparment of Agriculture, 
Washington, DC 20250. Determinations required of the Secretary of 
Agriculture, or the Administrator of the Agricultural Marketing Service, 
by delegation are made by the Director of the Dairy Division. Once 
issued they are valid until amended, suspended or terminated.



Sec. 900.352  Confidential information.

    The documents and other information submitted by an applicant 
association and otherwise obtained by investigation, examination of 
books, documents, papers, records, files and facilities, and in reports 
filed subsequent to initial determinations of qualification, shall be 
regarded as confidential and shall be governed by Sec. 900.210.



Sec. 900.353  Qualification standards.

    Statutory requirements for qualification of coopertive associations 
are provided in subsections (5) and (12) of section 608c of the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 
et seq.). The association must: (a) Be a cooperative marketing 
association of producers, qualified under the provisions of the Act of 
Congress of February 18, 1922, as amended, known as the ``Capper-
Volstead Act,'' (7 U.S.C. 291, 292); (b) have its entire organization 
and all of its activities under the control of its members; (c) have 
full authority in the sale of its members' milk; and (d) be engaged in 
making collective sales or marketing of milk or milk products for the 
producers thereof. Qualification for exemption from deductions for 
marketing service payments under specific

[[Page 36]]

marketing orders and payment for milk of members under specific orders 
shall be determined in accordance with the terms of the respective 
marketing orders.



Sec. 900.354  Inspection and investigation.

    The Secretary of Agriculture, or his duly authorized representative, 
shall have the right, at any time after an application is received, to 
examine all books, documents, papers, records, files and facilities of 
the association, to verify any of the information submitted and to 
procure such other information as may be required to determine whether 
the association is qualified in accordance with its application.



Sec. 900.355  Annual reporting.

    Determinations of qualification for privileges and exemptions are 
subject to amendment, termination or suspension if the association does 
not currently meet the qualification standards. An association found to 
be qualified pursuant to the Act is required to file an annual report 
after its annual meeting has been held following the close of its fiscal 
year. Form DA-24 is used for this purpose. The report form is available 
at the Dairy Division, Agricultural Marketing Service, U.S. Department 
of Agriculture, Washington, DC 20250. The association is required to 
file a copy of its report with the Dairy Division at Washington and with 
the market administrator of each order under which it operates.



Sec. 900.356  Listing of qualified associations.

    A copy of each determination of qualification is furnished to the 
respective association. Copies are also filed in the Dairy Division, 
Agricultural Marketing Service, and with the Hearing Clerk, Office of 
the Secretary, U.S. Department of Agriculture, Washington, DC 20250, 
where they are available for public inspection. A list of qualified 
associations engaged in marketing milk under a particular milk marketing 
order is maintained at the office of the market administrator of the 
order.



Sec. 900.357  Denial of application; suspension or revocation of determination of qualification.

    Any cooperative association whose application has been wholly or 
partially denied, or whose determination of qualification has been 
wholly or partly revoked or suspended, may petition the Secretary for a 
review of such action. Such petition shall state facts relevant to the 
matter for which review is sought. After due notice to such cooperative 
association, the Director of the Dairy Division, or in his absence the 
Acting Director, shall hold, in the manner hereinafter specified, an 
informal hearing.
    (a) Notice. Notice shall be given in writing and shall be mailed to 
the last known address of the association, or of an officer thereof, at 
least 3 days before the date set for a hearing. Such notice shall 
contain: A statement of the time and place of the hearing, said place to 
be as convenient to the association as can reasonably be arranged, and 
may contain a statement of the reason for calling the hearing and the 
nature of the questions upon which evidence is desired or upon which 
argument may be presented.
    (b) Parties. Hearings are not to be public and are to be attended 
only by representatives of the association and of the Government, and 
such other persons as either the association or the Government desires 
to have appear for purposes of submitting information or as counsel.
    (c) Conduct of hearing. The Director or Acting Director of the Dairy 
Division, or a person designated by him, shall preside at the hearing. 
The hearing shall be conducted in such manner as will be most conducive 
to the proper disposition of the matter. Written statements or briefs 
may be filed by the association within the time specified by the 
presiding officer.
    (d) Preliminary report. The presiding officer shall prepare a 
preliminary report setting forth a recommendation as to what action 
shall be taken and the basis for such action. A copy of said report 
shall be served upon the association by mail or in person. The 
association may file exceptions to said report within 10 days after 
service thereof.

[[Page 37]]

    (e) Final report. After due consideration of all the facts and the 
exceptions, if any, the Director of the Dairy Division shall issue a 
final report setting forth the action to be taken and the basis for such 
action.



   Subpart--Procedure for the Conduct of Referenda in Connection With 
   Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the 
        Agricultural Marketing Agreement Act of 1937, as Amended

    Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

    Source: 30 FR 15414, Dec. 15, 1965, unless otherwise noted.



Sec. 900.400  General.

    Referenda for the purpose of ascertaining whether the issuance by 
the Secretary of Agriculture of a marketing order to regulate the 
handling of any fruit, vegetable, or nut, or product thereof, or the 
continuance or termination of such an order, is approved or favored by 
producers or processors shall, unless supplemented or modified by the 
Secretary, be conducted in accordance with this subpart.



Sec. 900.401  Definitions.

    (a) Act means Public Act No. 10, 73d Congress (48 Stat. 31), as 
amended, and as reenacted and amended by the Agricultural Marketing 
Agreement Act of 1937 (50 Stat. 246), as amended (7 U.S.C. 601-674).
    (b) 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; and Department means the United States 
Department of Agriculture.
    (c) Administrator means the Administrator of the Agricultural 
Marketing Service, with power to redelegate, or any officer or employee 
of the Department to whom authority has been delegated or may hereafter 
be delegated to act in his stead.
    (d) Order means the marketing order (including an amendatory order) 
with respect to which the Secretary has directed that a referendum be 
conducted.
    (e) Referendum agent means the individual or individuals designated 
by the Secretary to conduct the referendum.
    (f) Representative period means the period designated by the 
Secretary pursuant to section 8c of the act (7 U.S.C. 608c).
    (g) Person means any individual, partnership, corporation, 
association, or other business unit. For the purpose of this definition, 
the term partnership includes (1) a husband and wife who have title to, 
or leasehold interest in, land as tenants in common, joint tenants, 
tenants by the entirety, or, under community property laws, as community 
property, and (2) so-called joint ventures, wherein one or more parties 
to the agreement, informal or otherwise, contributed 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 the commodity for market and the authority to 
transfer title to the commodity so produced.
    (h) Producer means any person defined as a producer in the order 
who: (1) Owns and farms land, resulting in his ownership of the 
commodity produced thereon; (2) Rents and farms land, resulting in his 
ownership of all or a portion of the commodity produced thereon; or (3) 
Owns land which he does not farm and, as rental for such land, obtains 
the ownership of a portion of the commodity produced thereon. Ownership 
of, or leasehold interest in, land and the acquisition, in any manner 
other than as hereinbefore set forth, of legal title to the commodity 
grown thereon shall not be deemed to result in such owners or lessees 
becoming producers.

[30 FR 15414, Dec. 15, 1965, as amended at 37 FR 8059, Apr. 25, 1972]



Sec. 900.402  Voting.

    (a) Each person who is a producer, as defined in this subpart, at 
the time of the referendum and who also was a producer during the 
representative period, shall be entitled to only one vote in the 
referendum, except that: (1) In a landlord-tenant relationship, where in 
each of the parties is a producer, each such

[[Page 38]]

producer shall be entitled to one vote in the referendum; and (2) a 
cooperative association of producers, bona fide engaged in marketing the 
commodity or product thereof proposed to be regulated, or in rendering 
services for or advancing the interest of the producers of such 
commodity or product, may, if it elects to do so, vote, both by number 
and total volume, for the producers who are members of, stockholders in, 
or under contract with such association.
    (b) Whenever, as required by the act, processors vote on the 
issuance of an order, each processor who is engaged in canning or 
freezing within the production area of the commodity covered by the 
order shall be entitled to vote in the referendum the quantity of such 
commodity canned or frozen within the production area for market by him 
during the representative period determined by the Secretary.
    (c) Proxy voting is not authorized but an officer or employee of a 
corporate producer, processor or cooperative association, or an 
administrator, executor or trustee of a producing estate may cast a 
ballot on behalf of such producer, processor, estate, or cooperative 
association. Any individual so voting in a referendum shall certify that 
he is an officer or employee of the producer, processor, or cooperative 
association, or an administrator, executor, or trustee of a producing 
estate, and that he has the authority to take such action. Upon request 
of the referendum agent, the individual shall submit adequate evidence 
of such authority.
    (d) Each producer, cooperative association of producers, and 
processor entitled to vote in a referendum shall be entitled to cast one 
ballot in the referendum. Each producer, cooperative association of 
producers, and processor casting more than one ballot with conflicting 
votes shall thereby invalidate all ballots cast by such producer, 
cooperative association of producers, or processor in such referendum.



Sec. 900.403  Instructions.

    The referendum agent shall conduct the referendum, in the manner 
herein provided, under supervision of the Administrator. The 
Administrator may prescribe additional instructions, not inconsistent 
with the provisions hereof, to govern the procedure to be followed by 
the referendum agent. Such agent shall:
    (a) Determine the time of commencement and termination of the period 
of the referendum, and the time prior to which all ballots must be cast.
    (b) Determine whether ballots may be cast by mail, at polling 
places, at meetings of producers or processors, or by any combination of 
the foregoing.
    (c) Provide ballots and related material to be used in the 
referendum. Ballot material shall provide for recording essential 
information for ascertaining:
    (1) Whether the person voting, or on whose behalf the vote is cast, 
is an eligible voter, and
    (2) The total volume (i) produced for market during the 
representative period, or (ii) canned or frozen for market during the 
representative period.
    (d) Give reasonable advance notice of the referendum (1) by 
utilizing without advertising expense available media of public 
information (including, but not being limited to, press and radio 
facilities) serving the production area, announcing the dates, places, 
or methods of voting, eligibility requirements, and other pertinent 
information, and (2) by such other means as said agent may deem 
advisable.
    (e) Make available to producers and the aforesaid cooperative 
associations which indicate to the agent their intentions to vote, and 
to processors when required, instructions on voting, appropriate ballot 
and certification forms, and, except in the case of a referendum on the 
termination or continuance of an order, the text of the proposed order 
and a summary of its terms and conditions: Provided, That no person who 
claims to be qualified to vote shall be refused a ballot.
    (f) If ballots are to be cast by mail, cause all the material 
specified in paragraph (e) of this section to be mailed to each producer 
(and processor when required) whose name and address is known to the 
referendum agent.
    (g) If ballots are to be cast at polling places or meetings, 
determine the necessary number of polling or meeting places, designate 
them, announce the

[[Page 39]]

time of each meeting or the hours during which each polling place will 
be open, provide the material specified in paragraph (e) of this 
section, and provide for appropriate custody of ballot forms and 
delivery to the referendum agent of ballots cast.
    (h) At the conclusion of the referendum, canvass the ballots, 
tabulate the results, and, except as otherwise directed, report the 
outcome to the Administrator and promptly thereafter submit the 
following:
    (1) All ballots received by the agent and appointees, together with 
a certificate to the effect that the ballots forwarded are all of the 
ballots cast and received by such persons during the referendum period;
    (2) A list of all challenged ballots deemed to be invalid; and
    (3) A tabulation of the results of the referendum and a report 
thereon, including a detailed statement explaining the method used in 
giving publicity to the referendum and showing other information 
pertinent to the manner in which the referendum was conducted.



Sec. 900.404  Subagents.

    The referendum agent may appoint any person or persons deemed 
necessary or desirable to assist said agent in performing his functions 
hereunder. Each person so appointed may be authorized by said agent to 
perform, in accordance with the requirements herein set forth, any or 
all of the following functions (which, in the absence of such 
appointment, shall be performed by said agent):
    (a) Give public notice of the referendum in the manner specified 
herein;
    (b) Preside at a meeting where ballots are to be cast or as poll 
officer at a polling place;
    (c) Distribute ballots and the aforesaid texts to producers (and to 
processors when required) and receive any ballots which are cast; and
    (d) Record the name and address of each person receiving a ballot 
from, or casting a ballot with, said subagent and inquire into the 
eligibility of such person to vote in the referendum.



Sec. 900.405  Ballots.

    The referendum agent and his appointees shall accept all ballots 
cast; but, should they, or any of them, deem that a ballot should be 
challenged for any reason, said agent or appointee shall endorse above 
his signature, on said ballot, a statement to the effect that such 
ballot was challenged, by whom challenged, the reasons therefor, the 
results of any investigations made with respect thereto, and the 
disposition thereof. Invalid ballots shall not be counted.



Sec. 900.406  Referendum report.

    Except as otherwise directed, the Administrator shall prepare and 
submit to the Secretary a report on results of the referendum, the 
manner in which it was conducted, the extent and kind of public notice 
given, and other information pertinent to analysis of the referendum and 
its results.



Sec. 900.407  Confidential information.

    All ballots cast and the contents thereof (whether or not relating 
to the identity of any person who voted or the manner in which any 
person voted) and all information furnished to, compiled by, or in 
possession of, the referendum agent shall be treated as confidential.



                       Subpart--Public Information

    Authority: 5 U.S.C. 301, 552.

Availability of Program Information, Staff Manuals and Instructions, and 
                            Related Material



Sec. 900.500  General.

    This subpart is issued in accordance with the regulations of the 
Secretary of Agriculture in part 1, subpart A, of subtitle A of this 
title (7 CFR 1.1 through 1.16), and appendix A thereto, implementing the 
Freedom of Information Act (5 U.S.C. 552). The Secretary's regulations, 
as implemented by the regulations of this subpart, govern the 
availability of records of AMS to the public.

[40 FR 20267, May 9, 1975]

[[Page 40]]



Sec. 900.501  Public inspection and copying.

    (a) Facilities for public inspection and copying of the indexes and 
materials required to be made available under Sec. 1.2(a) of this title 
will be provided by AMS during normal information should be made to the 
Freedom of Information Act Officer at the following address:

Freedom of Information Act Officer, Agricultural Marketing Service, 
United States Department of Agriculture, Washington, DC 20250.

    (b) Copies of such material may be obtained in person or by mail. 
Applicable fees for copies will be charged in accordance wth the 
regulations prescribed by the Director, Office of Operations and 
Finance, USDA.

[44 FR 39151, July 5, 1979]



Sec. 900.502  Indexes.

    Pursuant to the regulations in Sec. 1.4(b) of this title, AMS will 
maintain and make available for public inspection and copying current 
indexes of all material required to be made available in Sec. 1.2(a) of 
this title. Notice is hereby given that publication of these indexes is 
unnecessary and impractical, since the material is voluminous and does 
not change often enough to justify the expense of publication.

[44 FR 39151, July 5, 1979]



Sec. 900.503  Request for records.

    (a) Requests for records under 5 U.S.C. 552(a)(3) shall be made in 
accordance with Sec. 1.3(a) of this title. Authority to make 
determinations regarding initial requests in accordance with Sec. 1.4(c) 
of this title is delegated to the Freedom of Information Act Officer of 
AMS. Requests should be submitted to the FOIA Officer at the following 
address:

Freedom of Information Act Officer (FOIA Request). Agricultural 
Marketing Service, United States Department of Agriculture, Washington, 
DC 20250.

    (b) The request shall identify each record with reasonable 
specificity as prescribed in Sec. 1.3 of this title.
    (c) The FOIA Officer is authorized to receive requests and to 
exercise the authority to (1) make determinations to grant requests or 
deny initial requests, (2) extend the administrative deadline, (3) make 
discretinary release of exempt records, and (4) make determinations 
regarding charges pursuant to the fee schedule.

[44 FR 39151, July 5, 1979]



Sec. 900.504  Appeals.

    Any person whose request under Sec. 900.503 above is denied shall 
have the right to appeal such denial in accordance with Sec. 1.3(e) of 
this title. Appeals shall be addressed to the Administrator, 
Agricultural Marketing Service, U.S. Department of Agriculture, 
Washington, DC 20250.

[40 FR 20267, May 9, 1975]



                     Subpart--Information Collection

    Authority: 44 U.S.C. Ch. 35.



Sec. 900.600  General.

    This subpart shall contain such requirements as pertain to the 
information collection provisions under the Paperwork Reduction Act of 
1995.

[63 FR 10492, Mar. 4, 1998]



Sec. 900.601  OMB control numbers assigned pursuant to the Paperwork Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection requirements by the Office of 
Management and Budget contained in 7 CFR parts 905 through 998 under the 
Paperwork Reduction Act of 1995.
    (b) Display.

------------------------------------------------------------------------
                                                                Current
                                                                  OMB
          7 CFR part where identified and described             control
                                                                  No.
------------------------------------------------------------------------
905, Florida Oranges, Grapefruit Tangerines, Tangelos.......   0581-0094
906, Texas Oranges & Grapefruit.............................   0581-0068
911, Florida Limes..........................................   0581-0091
915, Florida Avocados.......................................   0581-0078
916, California Nectarines..................................   0581-0072
917, California Pears and Peaches...........................   0581-0080
920, California Kiwifruit...................................   0581-0149
922, Washington Apricots....................................   0581-0095
923, Washington Sweet Cherries..............................   0581-0133
924, Washington-Oregon Fresh Prunes.........................   0581-0134
925, S.E. California Desert Grapes..........................   0581-0109
927, Oregon-Washington-California Winter Pears..............   0581-0089
928, Hawaiian Papayas.......................................   0581-0102
929, Cranberries Grown in Designated States.................   0581-0103
930, Red Tart Cherries......................................   0581-0177

[[Page 41]]

 
931, Oregon-Washington Bartlett Pears.......................   0581-0092
932, California Olives......................................   0581-0142
945, Idaho-Eastern Oregon Potatoes..........................   0581-0178
946, Washington Potatoes....................................   0581-0178
947, Oregon-California Potatoes.............................   0581-0178
948, Colorado Potatoes......................................   0581-0178
953, Southeastern Potatoes..................................   0581-0178
955, Vidalia Onions.........................................   0581-0178
956, Walla Walla Onions.....................................   0581-0178
958, Idaho-Oregon Onions....................................   0581-0178
959, South Texas Onions.....................................   0581-0178
966, Florida Tomatoes.......................................   0581-0178
979, South Texas Melons.....................................   0581-0178
981, California Almonds.....................................   0581-0071
982, Oregon-Washington Hazelnuts............................   0581-0178
984, California Walnuts.....................................   0581-0178
985, Spearmint Oil..........................................   0581-0065
987, California Dates.......................................   0581-0178
989, California Raisins.....................................   0581-0178
993, California Dried Prunes................................   0581-0178
997, Domestic Peanuts Not Covered Under the Peanut Marketing   0581-0163
 Agreement..................................................
998, Domestic Peanuts Covered Under the Peanut Marketing       0581-0067
 Agreement..................................................
------------------------------------------------------------------------


[63 FR 10492, Mar. 4, 1998]



PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
905.1  Secretary.
905.2  Act.
905.3  Person.
905.4  Fruit.
905.5  Variety.
905.6  Producer.
905.7  Handler.
905.8  Prepare for market.
905.9  Handle or ship.
905.10  Carton or standard packed carton.
905.11  Fiscal period.
905.12  Committee.
905.13  District.
905.14  Redistricting.
905.15  Regulation Area I.
905.16  Regulation Area II.
905.17  Production area.
905.18  Improved No. 2 grade and Improved No. 2 Bright grade.

                          Administrative Bodies

905.19  Establishment and membership.
905.20  Term of office.
905.21  Selection of initial members of the committee.
905.22  Nominations.
905.23  Selection.
905.27  Failure to nominate.
905.28  Acceptance of membership.
905.29  Inability of members to serve.
905.30  Powers of the committee.
905.31  Duties of Citrus Administrative Committee.
905.33  Compensation and expenses of committee members.
905.34  Procedure of committees.
905.35  Right of the Secretary.
905.36  Funds.

                        Expenses and Assessments

905.40  Expenses.
905.41  Assessments.
905.42  Handler's accounts.

                               Regulations

905.50  Marketing policy.
905.51  Recommendations for regulation.
905.52  Issuance of regulations.
905.53  Inspection and certification.

                            Handlers' Reports

905.70  Manifest report.
905.71  Other information.

                        Miscellaneous Provisions

905.80  Fruit not subject to regulation.
905.81  Compliance.
905.82  Effective time.
905.83  Termination.
905.84  Proceedings after termination.
905.85  Duration of immunities.
905.86  Agents.
905.87  Derogation.
905.88  Personal liability.
905.89  Separability.

                     Subpart--Rules and Regulations

905.105  Tangerine and grapefruit classifications.
905.114  Redistricting of citrus districts and reapportionment of grower 
          members.
905.120  Nomination procedure.

                           Non-Regulated Fruit

905.140  Gift packages.
905.141  Minimum exemption.
905.142  Animal feed.
905.145  Certification of certain shipments.
905.146  Special purpose shipments.
905.147  Certificate of privilege.
905.148  Reports of special purpose shipments under certificates of 
          privilege.
905.149  Procedure for permitting growers to ship tree run citrus fruit.
905.150  Eligibility requirements for public member and alternate 
          member.
905.153  Procedure for determining handlers' permitted quantities of red 
          seedless grapefruit when a portion of sizes 48 and 56 of such 
          variety is restricted.
905.161  Repacking shipper.
905.162  Repacking certificate of privilege.
905.163  Reports of shipments under repacking certificate of privilege.

[[Page 42]]

                        Subpart--Assessment Rates

905.235  Assessment rate.

                  Subpart--Grade and Size Requirements

905.306  Orange, Grapefruit, Tangerine and Tangelo Regulation.
905.350  Red seedless grapefruit regulation.

                      Subpart--Interpretative Rule

905.400  Interpretation of certain provisions.

    Authority: 7 U.S.C. 601-674.



                   Subpart--Order Regulating Handling

    Source: 22 FR 10734, Dec. 27, 1957, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.

                               Definitions



Sec. 905.1  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.

[42 FR 59368, Nov. 17, 1977]



Sec. 905.2  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. (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 
Stat. 906, 1047.)



Sec. 905.3  Person.

    Person means an individual, partnership, corporation, association, 
business trust, legal representative, or any organized group of 
individuals.



Sec. 905.4  Fruit.

    Fruit means any or all varieties of the following types of citrus 
fruits grown in the production area:
    (a) Citrus sinensis, Osbeck, commonly called ``oranges'';
    (b) Citrus paradisi, MacFadyen, commonly called ``grapefruit'';
    (c) Citrus nobilis deliciosa, commonly called ``tangerines'';
    (d) Temple oranges;
    (e) Tangelos; and
    (f) Honey tangerines.

[30 FR 13933, Nov. 4, 1965, as amended at 42 FR 59368, Nov. 17, 1977]



Sec. 905.5  Variety.

    Variety or varieties means any one or more of the following 
classifications or groupings of fruit:
    (a) Early and Midseason oranges and other types commonly called 
``round oranges,'' except Navel oranges and except Valencia, Lue Gim 
Gong, and similar late maturing oranges of the Valencia type;
    (b) Valencia, Lue Gim Gong, and similar late maturing oranges of the 
Valencia type;
    (c) Temple oranges;
    (d) Marsh and other seedless grapefruit, excluding pink grapefruit;
    (e) Duncan and other seeded grapefruit, excluding pink grapefruit;
    (f) Pink seedless grapefruit;
    (g) Pink seeded grapefruit;
    (h) Tangelos;
    (i) Dancy and similar tangerines, excluding Robinson and Honey 
tangerines;
    (j) Robinson tangerines;
    (k) Honey tangerines;
    (l) Navel oranges; and
    (m) Other varieties of citrus fruits specified in Sec. 905.4 as 
recommended by the committee and approved by the Secretary.

[34 FR 12427, July 30, 1969, as amended at 42 FR 59368, Nov. 17, 1977; 
42 FR 61853, Dec. 7, 1977]



Sec. 905.6  Producer.

    Producer is synonymous with grower and means any person who is 
engaged in the production for market of fruit in the production area and 
who has a proprietary interest in the fruit so produced.

[42 FR 59368, Nov. 17, 1977]



Sec. 905.7  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting fruit for another person) who, 
as owner, agent, or otherwise, handles fruit in fresh form, or causes 
fruit to be handled.

[[Page 43]]



Sec. 905.8  Prepare for market.

    Prepare for market means to wash, grade, size, or place fruit 
(whether or not wrapped) into any container whatsoever; but such term 
shall not include the harvesting of fruit.



Sec. 905.9  Handle or ship.

    Handle or ship means:
    (a) To sell, consign, deliver, or transport fruit, or in any other 
way to place fruit in the current of commerce between the production 
area and any point outside thereof in the 48 contiguous States and the 
District of Columbia of the United States; and
    (b) To export fruit from any point in the 48 contiguous States and 
the District of Columbia of the United States to any destination.

[54 FR 37292, Sept. 8, 1989]



Sec. 905.10  Carton or standard packed carton.

    Carton or standard packed carton means a unit of measure equivalent 
to four-fifths (\4/5\) of a United States bushel of fruit, whether in 
bulk or in any container.

[42 FR 59368, Nov. 17, 1977]



Sec. 905.11  Fiscal period.

    Fiscal period means the period of time from August 1 of any year 
until July 31 of the following year, both dates inclusive.



Sec. 905.12  Committee.

    Committee means the Citrus Administrative Committee established 
pursuant to Sec. 905.19.

[42 FR 59368, Nov. 17, 1977]



Sec. 905.13  District.

    (a) Citrus District One shall include the Counties of Hillsborough, 
Pinellas, Pasco, Hernando, Citrus, Sumter, and Lake.
    (b) Citrus District Two shall include the Counties of Osceola, 
Orange, Seminole, Alachua, Putnam, St. Johns, Flagler, Marion, Levy, 
Duval, Nassau, Baker, Union, Bradford, Columbia, Clay, Gilchrist, and 
Suwannee, and County Commissioner, Districts One, Two, and Three of 
Volusia County, and that part of the Counties of Indian River and 
Brevard not included in Regulation Area II.
    (c) Citrus District Three shall include the County of St. Lucie and 
that part of the Counties of Brevard, Indian River, Martin, and Palm 
Beach described as lying within Regulation Area II, and County 
Commissioner's Districts Four and Five of Volusia County.
    (d) Citrus District Four shall include the Counties of Manatee, 
Sarasota, Hardee, Highlands, Okeechobee, Glades, De Sota, Charlotte, 
Lee, Hendry, Collier, Monroe, Dade, Broward, and that part of the 
Counties of Palm Beach and Martin not included in Regulation Area II.
    (e) Citrus District Five shall include the County of Polk.

[42 FR 59368, Nov. 17, 1977]



Sec. 905.14  Redistricting.

    The committee may with the approval of the Secretary, redefine the 
districts into which the production area is divided or reapportion or 
otherwise change the grower membership of districts, or both: Provided, 
That the membership shall consist of at least eight but not more than 
nine grower members, and any such change shall be based, so far as 
practicable, upon the respective averages for the immediately preceding 
five fiscal periods of (1) the volume of fruit shipped from each 
district; (2) the volume of fruit produced in each district; and (3) the 
total number of acres of citrus in each district. The committee shall 
consider such redistricting and reapportionment during the 1980-81 
fiscal period, and only in each fifth fiscal period thereafter, and each 
such redistricting or reapportionment shall be announced on or before 
March 1 of the then current fiscal period.

[42 FR 59368, Nov. 17, 1977]



Sec. 905.15  Regulation Area I.

    Regulation Area I is defined as the ``Interior District'', and shall 
include all that part of the production area not included in Regulation 
Area II.

[54 FR 37292, Sept. 8, 1989]

[[Page 44]]



Sec. 905.16  Regulation Area II.

    Regulation Area II is defined as the ``Indian River District'', and 
shall include that part of the State of Florida particularly described 
as follows:

    Beginning at a point on the shore of the Atlantic Ocean where the 
line between Flagler and Volusia Counties intersects said shore, thence 
follow the line between said two counties to the Southwest corner of 
Section 23, Township 14 South, Range 31 East; thence continue South to 
the Southwest corner of Section 35, Township 14 South, Range 31 East; 
thence East to the Northwest corner of Township 15 South, Range 32 East; 
thence South to the Southwest corner of Township 17 South, Range 32 
East; thence East to the Northwest corner of Township 18 South, Range 33 
East; thence South to the St. Johns River; thence along the main channel 
of the St. Johns River and through Lake Harney, Lake Poinsett, Lake 
Winder, Lake Washington, Sawgrass Lake, and Lake Helen Blazes to the 
range line between Ranges 35 East and 36 East; thence South to the South 
line of Brevard County; thence East to the line between Ranges 36 East 
and 37 East; thence South to the Southwest corner of St. Lucie County; 
thence East to the line between Ranges 39 East and 40 East; thence South 
to the South line of Martin County; thence East to the line between 
Ranges 40 East and 41 East; thence South to the West Palm Beach Canal 
(also known as the Okeechobee Canal); thence follow said canal eastward 
to the mouth thereof; thence East to the shore of the Atlantic Ocean; 
thence Northerly along the shore of the Atlantic Ocean to the point of 
beginning.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and 42 FR 59368, Nov. 17, 1977, and amended at 42 FR 59370, Nov. 17, 
1977; 54 FR 37292, Sept. 8, 1989]



Sec. 905.17  Production area.

    Production 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.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and 42 FR 59368, Nov. 17, 1977]



Sec. 905.18  Improved No. 2 grade and Improved No. 2 Bright grade.

    Improved No. 2 grade and Improved No. 2 Bright grade means 
grapefruit meeting all of the respective requirements of the U.S. No. 2 
grade and the U.S. No. 2 Bright grade and those requirements of the U.S. 
No. 1 grade relating to shape (form) and color, as such requirements are 
set forth in the U.S. Standards for Grades of Florida Grapefruit 
(Secs. 51.750-51.783 of this title) or as such standards may hereafter 
be amended.

[31 FR 15060, Dec. 1, 1966. Redesignated at 42 FR 59368, Nov. 17, 1977]

                          Administrative Bodies



Sec. 905.19  Establishment and membership.

    (a) There is hereby established a Citrus Administrative Committee 
consisting of at least eight but not more than nine grower members, and 
eight shipper members. Grower members shall be persons who are not 
shippers or employees of shippers: Provided, that the committee, with 
the approval of the Secretary, may establish alternative qualifications 
for such grower members. Shipper members shall be shippers or employees 
of shippers. The committee may be increased by one non-industry member 
nominated by the committee and selected by the Secretary. The committee, 
with approval of the Secretary, shall prescribe qualifications, term of 
office, and the procedure for nominating the non-industry member.
    (b) Each member shall have an alternate who shall have the same 
qualifications as the member for whom this person is an alternate.

[54 FR 37293, Sept. 8, 1989]



Sec. 905.20  Term of office.

    The term of office of members and alternate members shall begin on 
the first day of August and continue for one year and until their 
successors are selected and have qualified. The consecutive terms of 
office of a member shall be limited to three terms. The terms of office 
of alternate members shall not be so limited. Members, their alternates, 
and their respective successors shall be nominated and selected by the 
Secretary as provided in Secs. 905.22 and 905.23.

[42 FR 59369, Nov. 17, 1977]

[[Page 45]]



Sec. 905.21  Selection of initial members of the committee.

    The initial members of the Citrus Administrative Committee and their 
respective alternates shall be the members and alternates of the Growers 
Administrative Committee and the Shippers Advisory Committee serving on 
the effective date of his amendment. Each member and alternate shall 
serve until completion of the term for which he was selected and until 
his successor has been selected and qualified.

[42 FR 59369, Nov. 17, 1977]



Sec. 905.22  Nominations.

    (a) Grower member. (1) The committee shall give public notice of a 
meeting of producers in each district to be held not later than July 10 
of each year, for the purpose of making nominations for grower members 
and alternate grower members. The committee, with the approval of the 
Secretary, shall prescribe uniform rules to govern such meetings and the 
balloting thereat. The chairman of each meeting shall publicly announce 
at such meeting the names of the persons nominated, and the chairman and 
secretary of each such meeting shall transmit to the Secretary their 
certification as to the number of votes so cast, the names of the 
persons nominated, and such other information as the Secretary may 
request. All nominations shall be submitted to the Secretary on or 
before the 20th day of July.
    (2) Each nominee shall be a producer in the district from which he 
is nominated. In voting for nominees, each producer shall be entitled to 
cast one vote for each nominee in each of the districts in which he is a 
producer. At least three of the nominees and their alternates so 
nominated shall be affiliated with a bona fide cooperative marketing 
organization.
    (b) Shipper members. (1) the Committee shall give public notice of a 
meeting for bona fide cooperative marketing organizations which are 
handlers, and a meeting for other handlers who are not so affiliated, to 
be held not later than July 10 of each year, for the purpose of making 
nominations for shipper members and their alternates. The committee, 
with the approval of the Secretary, shall prescribe uniform rules to 
govern each such meeting and balloting thereat. The chairman of each 
such meeting shall publicly announce at the meeting the names of the 
persons nominated and the chairman and secretary of each such meeting 
shall transmit to the Secretary their certification as to the number of 
votes cast, the weight by volume of those shipments voted, and such 
other information as the Secretary may request. All nominations shall be 
submitted to the Secretary on or before the 20th day of July.
    (2) Nomination of at least three members and their alternates shall 
be made by bona fide cooperative marketing organizations which are 
handlers. Nominations for not more than five members and their 
alternates shall be made by handlers who are not so affiliated. In 
voting for nominees, each handler or his authorized representative shall 
be entitled to cast one vote, which shall be weighted by the volume of 
fruit by such handler during the then current fiscal period.

[42 FR 59369, Nov. 17, 1977]



Sec. 905.23  Selection.

    (a) From the nominations made pursuant to Sec. 905.22(a) or from 
other qualified persons, the Secretary shall select one member and one 
alternate member to represent District 2 and two members and two 
alternate members each to represent District, 1, 3, 4, and 5 or such 
other number of members and alternate members from each district as may 
be prescribed pursuant to Sec. 905.14. At least three such members and 
their alternates shall be affiliated with bona fide cooperative 
marketing organizations.
    (b) From the nominations made pursuant to Sec. 905.22(b) or from 
other qualified persons, the Secretary shall select at least three 
members and their alternates to represent bona fide cooperative 
marketing organizations which are handlers, and the remaining members 
and their alternates to represent handlers who are not so affiliated.

[42 FR 59369, Nov. 17, 1977]

[[Page 46]]



Sec. 905.27  Failure to nominate.

    In the event nominations for a member or alternate member of the 
committee are not made pursuant to the provisions of Secs. 905.22 and 
905.25, the Secretary may select such member or alternate member without 
regard to nominations.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977]



Sec. 905.28  Acceptance of membership.

    Any person selected by the Secretary as a member or alternate member 
of the committee shall qualify by filing a written acceptance with the 
Secretary within 10 days after being notified of such selection.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977]



Sec. 905.29  Inability of members to serve.

    (a) An alternate for a member of the committee shall act in the 
place and stead of such member (1) in his absence, or (2) in the event 
of his removal, resignation, disqualification, or death, and until a 
successor for his unexpired term has been selected.
    (b) In the event of the death, removal, resignation, or 
disqualification of any person selected by the Secretary as a member or 
an alternate member of the committee, a successor for the unexpired term 
of such person shall be selected by the Secretary. Such selection may be 
made without regard to the provisions of this subpart as to nominations.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977]



Sec. 905.30  Powers of the committee.

    The committee, in addition to the power to administer the terms and 
provisions of this subpart, as herein specifically provided, shall have 
power (a) to make, only to the extent specifically permitted by the 
provisions contained in this subpart, administrative rules and 
regulations; (b) to receive, investigate and report to the Secretary 
complaints of violations of this subpart; and (c) to recommend to the 
Secretary amendments to this subpart.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977]



Sec. 905.31  Duties of Citrus Administrative Committee.

    It shall be the duty of the Citrus Administrative Committee:
    (a) To select a chairman from its membership, and to select such 
other officers and adopt such rules and regulations for the conduct of 
its business as it may deem advisable;
    (b) To keep minutes, books, and records which will clearly reflect 
all of its acts and transactions, which minutes, books, and records 
shall at all times be subject to the examination of the Secretary;
    (c) To act as intermediary between the Secretary and the producers 
and handlers;
    (d) To furnish the Secretary with such available information as he 
may request;
    (e) To appoint such employees as it may deem necessary and to 
determine the salaries and define the duties of such employees;
    (f) To cause its books to be audited by one or more certified or 
registered public accountants at least once for each fiscal period, and 
at such other times as it deems necessary or as the Secretary may 
request, and to file with the Secretary copies of all audit reports;
    (g) To prepare and publicly issue a monthly statement of financial 
operations of the committee;
    (h) To provide an adequate system for determining the total crop of 
each variety of fruit, and to make such determinations, including 
determinations by grade and size, as it may deem necessary, or as may be 
prescribed by the Secretary, in connection with the administration of 
this subpart;
    (i) To perform such duties in connection with the administration of 
section 32 of the act to amend the Agricultural Adjustment Act and for 
other purposes, Public Act No. 320, 74th Congress, as

[[Page 47]]

amended, as may from time to time be assigned to it by the Secretary;

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 30 FR 13934, Nov. 4, 1965; 42 FR 59369, Nov. 17, 1977]



Sec. 905.33  Compensation and expenses of committee members.

    The members and alternate members of the Committee shall serve 
without compensation but may be reimbursed for expenses necessarily 
incurred by them in attending committee meetings and in the performance 
of their duties under this part.

[42 FR 59369, Nov. 17, 1977]



Sec. 905.34  Procedure of committees.

    (a) Ten members of the committee shall constitute a quorum.
    (b) For any decision or recommendation of the committee to be valid, 
ten concurring votes, five of which must be grower votes, shall be 
necessary: Provided, That the committee may recommend a regulation 
restricting the shipment of grapefruit grown in Regulation Area I or 
Regulation Area II which meets the requirements of the Improved No. 2 
grade or the Improved No. 2 Bright grade only upon the affirmative vote 
of a majority of its members present from the regulation area in which 
such restriction would apply; and whenever a meeting to consider a 
recommendation for release of such grade is requested by a majority of 
the members from the affected area, the committee shall hold a meeting 
within a reasonable length of time for the purpose of considering such a 
recommendation. If after such consideration the requesting area majority 
present continues to favor such release for their area, the request 
shall be considered a valid recommendation and transmitted to the 
Secretary. The votes of each member cast for or against any 
recommendation made pursuant to this subpart shall be duly recorded. 
Whenever an assembled meeting is held each member must vote in person.
    (c) The committee may, in cases of emergency, vote by telephone and 
all such votes must be confirmed in writing. Any proposition so voted 
upon shall first be fully explained to all members or alternates acting 
as members. When any proposition is submitted to be voted on by 
telephone, two (2) dissenting votes shall prevent its adoption.
    (d) The committee shall give the Secretary the same notice of 
meetings as is given to the members thereof.

[42 FR 59369, Nov. 17, 1977]



Sec. 905.35  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 and upon his disapproval shall be 
deemed null and void, except as to acts done in reliance thereon or in 
compliance therewith.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977]



Sec. 905.36  Funds.

    (a) All funds received by the committee pursuant to any provision of 
this subpart shall be used solely for the purposes herein specified and 
shall be accounted for in the manner provided in this subpart.
    (b) 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, together with all 
books and records, in his possession, to his successor in office, and 
shall execute such assignments and other instruments as may be necessary 
or appropriate to vest in such successor full title to all of the 
property, funds, and claims vested in such member pursuant to this 
subpart.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977]

[[Page 48]]

                        Expenses and Assessments



Sec. 905.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds are reasonable and likely to be incurred to carry out the 
functions of the committee under this subpart during each fiscal period. 
The funds to cover such expenses shall be acquired by the levying of 
assessments upon handlers as provided in Sec. 905.41.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977]



Sec. 905.41  Assessments.

    (a) Each handler who first handles fruit shall pay to committee, 
upon demand, such handler's pro rata share of the expenses which the 
Secretary finds will be incurred by the committee for the maintenance 
and functioning, during each fiscal period, of the committee established 
under this subpart. Each such handler's share of such expenses shall be 
that proportion thereof which the total quantity of fruit shipped by 
such handler as the first handler thereof during the applicable fiscal 
period is of the total quantity of fruit so shipped by all handlers 
during the same fiscal period. The Secretary shall fix the rate of 
assessment per standard packed carton of fruit to be paid by each such 
handler. 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.
    (b) At any time during or after the fiscal period, the Secretary may 
increase the rate of assessment so that the sum of money collected 
pursuant to the provisions of this section shall be adequate to cover 
the said expenses. Such increase shall be applicable to all fruit 
shipped during the given fiscal period. In order to provide funds to 
carry out the functions of the committee established under Sec. 905.19, 
handlers may make advance payment of assessments.
    (c) In the case of an extreme emergency, the committee may borrow 
money on a short term basis to provide funds for the administration of 
this part. Any such borrowed money shall only be used to meet the 
committee's current financial obligations, and the committee shall repay 
all such borrowed money by the end of the next fiscal period from 
assessment income.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59370, Nov. 17, 1977; 54 FR 37293, Sept. 8, 1989]



Sec. 905.42  Handler's accounts.

    (a) If, at the end of a fiscal period, the assessments collected are 
in excess of expenses incurred, 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 one-half of one fiscal period's expenses. Such reserve 
funds may be used (1) to cover any expenses authorized by this part and 
(2) to cover necessary expenses of liquidation in the event of 
termination of this part. If any such excess is not retained in a 
reserve, each handler entitled to a proportionate refund shall be 
credited with such refund against the operations of the following fiscal 
period unless he demands payment of the sum due him, in which case such 
sum shall be paid to him. 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.
    (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 said expense.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 34 FR 12427, July 30, 1969; 42 FR 59371, Nov. 17, 1977]

                               Regulations



Sec. 905.50  Marketing policy.

    (a) Before making any recommendations pursuant to Sec. 905.51 for 
any variety of fruit, the committee shall, with respect to the 
regulations permitted by

[[Page 49]]

Sec. 905.52, submit to the Secretary a detailed report setting forth an 
advisable marketing policy for such variety for the then current 
shipping season. Such report shall set forth the proportion of the 
remainder of the total crop of such variety of fruit (determined by the 
committee to be available for shipment during the remainder of the 
shipping season of such variety) deemed advisable by the committee to be 
shipped during such season.
    (b) In determining each such marketing policy and advisable 
proportion, the committee shall give due consideration to the following 
factors relating to citrus fruit produced in Florida and in other 
States: (1) The available crop of each variety of citrus fruit in 
Florida, and in other States, including the grades and sizes thereof, 
which grades and sizes in Florida shall be determined by the committee 
pursuant to Sec. 905.31; (2) the probable shipments of citrus fruit from 
other States; (3) the level and trend in consumer income; (4) the 
prospective supplies of competitive commodities; and (5) other pertinent 
factors bearing on the marketing of fruit.
    (c) In addition to the foregoing, the committees shall set forth a 
schedule of proposed regulations for the remainder of the shipping 
season for each variety of fruit for which recommendations to the 
Secretary pursuant to Sec. 905.51 are contemplated. Such schedules shall 
recognize the practical operations of harvesting and preparation for 
market of each variety and the change in grades and sizes thereof as the 
respective seasons advance. In the event it is deemed advisable to alter 
such marketing policy or advisable proportion as the shipping season 
progresses, in view of changed demand and supply conditions with respect 
to fruit, the said committee shall submit to the Secretary a report 
thereon.
    (d) The committee shall transmit a copy of each marketing policy 
report or revision thereof to the Secretary and to each producer and 
handler who files a request therefor. 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.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 30 FR 13934, Nov. 4, 1965; 42 FR 59371, Nov. 17, 1977]



Sec. 905.51  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate any 
variety in the manner provided in Sec. 905.52, it shall give due 
consideration to the following factors relating to the citrus fruit 
produced in Florida and in other States: (1) Market prices, including 
prices by grades and sizes of the fruit for which regulation is 
recommended; (2) maturity, condition, and available supply, including 
the grade and size thereof in the producing areas; (3) other pertinent 
market information; and (4) the level and trend in consumer income. The 
committee shall submit to the Secretary its recommendations and 
supporting information respecting the factors enumerated in this 
section.
    (b) The committee shall give notice of any meeting to consider the 
recommendation of regulations pursuant to Sec. 905.52 by mailing a 
notice of meeting to each handler who has filed his address with 
committee for this purpose. The committee shall give the same notice of 
any such recommendation before the time it is recommended that such 
regulation become effective.

[42 FR 59370, Nov. 17, 1977]



Sec. 905.52  Issuance of regulations.

    (a) Whenever the Secretary shall find from the recommendations and 
reports of the committee, or from other available information, that to 
limit the shipment of any variety would tend to effectuate the declared 
policy of the act, he shall so limit the shipment of such variety during 
a specified period or periods. Such regulations may:
    (1) Limit the shipments of any grade or size, or both, of any 
variety, in any manner as may be prescribed, and any such limitation may 
provide that shipments of any variety grown in Regulation Area II shall 
be limited to grades and sizes different from the grade and size 
limitations applicable to shipments of the same varieties grown in 
Regulation Area I: Provided, That

[[Page 50]]

whenever any such grade or size limitation restricts the shipment of a 
portion of a specified grade or size of a variety the quantity of such 
grade or size that may be shipped by a handler during a particular week 
shall be established as a percentage of the total shipments of such 
variety by such handler in such prior period established by the 
committee with the approval of the Secretary, in which he shipped such 
variety.
    (2) Limit the shipment of any variety by establishing and 
maintaining, only in terms of grades or sizes, or both, minimum 
standards of quality and maturity;
    (3) Limit the shipment of the total quantity of any variety by 
prohibiting the shipment thereof: Provided, that no such prohibition 
shall apply to exports or be effective during any fiscal period with 
respect to any variety other than for one period not exceeding five days 
during the week in which Thanksgiving Day occurs, and for not more than 
two periods not exceeding a total of 14 days during the period December 
20 to January 20, both dates inclusive.
    (4) Provide that exports of any variety shall be limited to grades 
and sizes different from the grade and size limitations applicable to 
shipments of such variety in the 48 contiguous States and the District 
of Columbia of the United States, and specify condition requirements for 
such variety; and
    (5) Fix the size, capacity, weight, dimensions, marking, or pack of 
the container or containers which may be used in the shipment of fruit 
for export: Provided, that such regulation shall not authorize the use 
of any container which is prohibited for use for fruit under the 
provisions of Chapter 601 of the Florida Statutes and regulations 
effective thereunder.
    (b) Prior to the beginning of any such regulations, the Secretary 
shall notify the committee of the regulation issued by him, and the 
committee shall notify all handlers by mailing a copy thereof to each 
handler who has filed his address with said committee for this purpose.
    (c) Whenever the Secretary finds from the recommendations and 
reports of the committee, or from other available information, that a 
regulation should be modified, suspended, or terminated with respect to 
any or all shipments of fruit in order to effectuate the declared policy 
of the act, he shall so modify, suspend, or terminate such regulation. 
If the Secretary finds that a regulation obstructs or does not tend to 
effectuate the declared policy of the act, he shall suspend or terminate 
such regulation. On the same basis, and in like manner, the Secretary 
may terminate any such modification or suspension.
    (d) Whenever any variety is regulated pursuant to paragraph (a)(3) 
of this section, no such regulation shall be deemed to limit the right 
of any person to sell, contract to sell, or export such variety but no 
handler shall otherwise ship any fruit of such variety which was 
prepared for market during the effective period of such regulation.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 34 FR 12427, July 30, 1969; 42 FR 59370, Nov. 17, 1977; 
54 FR 37292, Sept. 8, 1989]



Sec. 905.53  Inspection and certification.

    (a) Whenever the handling of a variety of a type of fruit is 
regulated pursuant to Sec. 905.52, each handler who handles any variety 
of such type of fruit shall, prior to the handling of any lot of such 
variety, cause such lot to be inspected by the Federal-State Inspection 
Service and certified by it as meeting all applicable requirements of 
such regulation: Provided, That such inspection and certification shall 
not be required if the particular lot of fruit previously had been so 
inspected and certified unless such prior inspection was not performed 
within such time limitations as may be prescribed pursuant to paragraph 
(b) of this section. Each handler shall promptly submit, or cause to be 
submitted, to the committee a copy of each certificate of inspection 
issued to him covering varieties so handled.

[[Page 51]]

    (b) With respect to any variety regulated pursuant to 
Sec. 905.52(a)(4), the committee may prescribe, with the approval of the 
Secretary, such requirements with respect to time of inspection as it 
may deem necessary to insure satisfactory condition of the fruit at time 
of export.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59371, Nov. 17, 1977]

                            Handlers' Reports



Sec. 905.70  Manifest report.

    The committee may request information from each handler regarding 
the variety, grade, and size of each standard packed carton of fruit 
shipped by him and may require such information to be mailed or 
delivered to the committee or its duly authorized representative, within 
24 hours after such shipment is made, in a manner or by such method as 
the said committee may prescribe, and upon such forms as may be prepared 
by it.

[42 FR 59371, Nov. 17, 1977]



Sec. 905.71  Other information.

    Upon request of the committee, made with the approval of the 
Secretary, every handler shall furnish the committee, in such manner and 
at such times as it prescribes, such other information as will enable it 
to perform its duties under this subpart.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59371, Nov. 17, 1977]

                        Miscellaneous Provisions



Sec. 905.80  Fruit not subject to regulation.

    Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 905.52 and 905.53 and the 
regulations issued thereunder, ship any variety for the following 
purposes: (a) To a charitable institution for consumption by such 
institution; (b) to a relief agency for distribution by such agency; (c) 
to a commercial processor for conversion by such processor into canned 
or frozen products or into a beverage base; (d) by parcel post; or (e) 
in such minimum quantities, types of shipments, or for such purposes as 
the committee with the approval of the Secretary may specify. No 
assessment shall be levied on fruit so shipped. The committee shall, 
with the approval of the Secretary, prescribe such rules, regulations, 
or safeguards as it may deem necessary to prevent varieties handled 
under the provisions of this section from entering channels of trade for 
other than the purposes authorized by this section. Such rules, 
regulations, and safeguards may include the requirements that handlers 
shall file applications with the committee for authorization to handle a 
variety pursuant to this section, and that such applications be 
accompanied by a certification by the intended purchaser or receiver 
that the variety will not be used for any purpose not authorized by this 
section.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59371, Nov. 17, 1977]



Sec. 905.81  Compliance.

    Except as provided in this part, no person shall ship fruit the 
shipment of which has been prohibited by the Secretary in accordance 
with the provisions of this part.



Sec. 905.82  Effective time.

    The provisions of this subpart shall become effective on and after 
12:01 a.m., e.s.t., September 1, 1946, and shall continue in force until 
terminated in one of the ways specified in Sec. 905.83.



Sec. 905.83  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 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 fruit: 
Provided, That such majority have, during such period, produced for 
market more than 50 percent of the volume of such fruit produced for 
market, but such termination shall be effective only if announced on or 
before

[[Page 52]]

July 31 of the then current fiscal period.
    (c) The Secretary shall conduct a referendum six years after the 
effective date of this paragraph and every sixth year thereafter to 
ascertain whether continuance of this part is favored by producers. The 
Secretary may terminate the provisions of this part at the end of any 
fiscal period in which the Secretary has found that continuance of this 
part is not favored by producers who during a representative period, 
determined by the Secretary, have been engaged in the production for 
market of the fruit in the production area. Such termination shall be 
announced on or before July 31 of the fiscal period.
    (d) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing it cease to be in effect.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 54 FR 37293, Sept. 8, 1989]



Sec. 905.84  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 committee, of all the 
funds and property then in the possession of or under control of 
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 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 part.
    (c) Any funds collected pursuant to Sec. 905.41, 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, 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 joint trustees.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59371, Nov. 17, 1977]



Sec. 905.85  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.



Sec. 905.86  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 part.



Sec. 905.87  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.



Sec. 905.88  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,

[[Page 53]]

as such member, alternate, or employee, except for acts of dishonesty.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 42 FR 59371, Nov. 17, 1977]



Sec. 905.89  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.



                     Subpart--Rules and Regulations

    Source: 42 FR 59371, Nov. 17, 1977, unless otherwise noted.



Sec. 905.105  Tangerine and grapefruit classifications.

    (a) Pursuant to Sec. 905.5(m), the following classifications of 
grapefruit are renamed as follows:
    (1) Marsh and other seedless grapefruit, excluding pink grapefruit, 
are renamed as Marsh and other seedless grapefruit, excluding red 
grapefruit;
    (2) Duncan and other seeded grapefruit, excluding pink grapefruit, 
are renamed as Duncan and other seeded grapefruit, excluding red 
grapefruit;
    (3) Pink seedless grapefruit is renamed as Red seedless grapefruit;
    (4) Pink seeded grapefruit is renamed as Red seeded grapefruit.
    (b) Pursuant to Sec. 905.5(m), the term variety or varieties 
includes Sunburst and Fallglo tangerines.

[56 FR 49132, Sept. 27, 1991, as amended at 63 FR 55500, Oct. 16, 1998]



Sec. 905.114  Redistricting of citrus districts and reapportionment of grower members.

    Pursuant to Sec. 905.14, the citrus districts and membership 
allotted each district shall be as follows:
    (a) Citrus District One shall include the Counties of Hillsborough, 
Pinellas, Pasco, Hernando, Citrus, Sumter, Lake, Orange, Seminole, 
Alachua, Putnam, St. Johns, Flagler, Marion, Levy, Duval, Nassau, Baker, 
Union, Bradford, Columbia, Clay, Gilchrist, and Suwannee and County 
Commissioner's Districts One, Two, and Three of Volusia County, and that 
part of the Counties of Indian River and Brevard not included in 
Regulation Area II. This district shall have one grower member and 
alternate.
    (b) Citrus District Two shall include the Counties of Polk and 
Osceola. This district shall have two grower members and alternates.
    (c) Citrus District Three shall include the Counties of Manatee, 
Sarasota, Hardee, Highlands, Okeechobee, Glades, De Soto, Charlotte, 
Lee, Hendry, Collier, Monroe, Dade, Broward, and that part of the 
Counties of Palm Beach and Martin not included in Regulation Area II. 
This district shall have three grower members and alternates.
    (d) Citrus District Four shall include the County of St. Lucie and 
that part of the Counties of Brevard, Indian River, Martin, and Palm 
Beach described as lying within Regulation Area II, and County 
Commissioner's Districts Four and Five of Volusia County. This district 
shall have three grower members and alternates.

[56 FR 8685, Mar. 1, 1991, as amended at 56 FR 24678, May 31, 1991]



Sec. 905.120  Nomination procedure.

    Meetings shall be called by the committee in accordance with the 
provisions of Sec. 905.22, for the purpose of making nominations for 
members and alternate members of the Citrus Administrative Committee. 
The manner of nominating members and alternate members of said committee 
shall be as follows:
    (a) At each such meeting the committee's representative shall 
announce the requirements as to eligibility for voting for nominees and 
the procedure for voting, and shall explain the duties of the committee.
    (b) A chairman and a secretary of each meeting shall be selected.
    (c) At each meeting there shall be presented for nomination and 
there shall be nominated not less than the number of nominees required 
under the provisions of Sec. 905.19, all of whom shall have the 
qualifications as specified in Sec. 905.22.

[[Page 54]]

    (d) At the meetings of handlers, any person authorized to represent 
a handler may cast a ballot for such handler.
    (e) At each meeting each eligible person may cast one vote for each 
of the persons to be nominated to represent the district or group, as 
the case may be.
    (f) Voting may be by written ballot. If written ballots are used, 
all ballots shall be delivered by the chairman or the secretary of the 
meeting to the agent of the Secretary. If ballots are not used, the 
committee's representative shall deliver to the Secretary's agent a 
listing of each person nominated and a count of the number of votes cast 
for each nominee for grower member and alternate. Said representative 
shall also provide the agent the register of eligible voters present at 
each meeting, a listing of each person nominated, the number of votes 
cast, and the weight by volume of shipments voted for each nominee for 
shipper member and alternate.

[43 FR 9455, Mar. 8, 1979]

                           Non-Regulated Fruit



Sec. 905.140  Gift packages.

    Any handler may, without regard to the provisions of Secs. 905.52 
and 905.53 and the regulations issued thereunder, ship any varieties for 
the following purpose and types of shipment:
    (a) To any person gift packages containing such varieties: Provided, 
That such packages are individually addressed to such person, and 
shipped directly to the addressee for use by such person other than for 
resale; or
    (b) to any individual gift package distributor of such varieties to 
be handled by such distributor: Provided, That such person is the 
original purchaser and the gift packages are individually addressed or 
marked ``not for resale''. This exemption does not apply to 
``commercially handled'' shipments for resale.

[58 FR 65539, Dec. 15, 1993]



Sec. 905.141  Minimum exemption.

    Any shipment of fruit which meets each of the following requirements 
may be transported from the production area during any one day by any 
person or by the occupants of one vehicle exempt from the requirements 
of Secs. 905.52 and 905.53 and regulations issued thereunder:
    (a) The shipment does not exceed a total of 15 standard packed 
cartons (12 bushels) of fruit, either a single fruit or a combination of 
two or more fruits;
    (b) The shipment consists of fruit not for resale; and
    (c) Such exempted quantity is not included as a part of a shipment 
exceeding 15 standard packed cartons (12 bushels) of fruit.



Sec. 905.142  Animal feed.

    (a) The handling of citrus for animal feed shall be exempt from the 
provisions of Secs. 905.52 and 905.53 and the regulations issued 
thereunder under the following conditions:
    (1) The handler notifies the committee each fiscal period, prior to 
such handling of his/her intention to handle such fruit, the quantity 
he/she anticipates handling and the destination point of each lot of 
fruit and receives from the committee a special shipping permit for the 
shipment;
    (2) The fruit is used for animal feed and is not offered for resale, 
disposed of, or in any way handled so as to enter fresh fruit channels;
    (3) The quantity does not exceed 1,000 \4/5\ bushel cartons per 
fiscal period or such other quantity as may be specified by the 
committee;
    (4) The fruit is placed in containers of uniform capacity; and
    (5) Each shipment is certified by the Federal-State Inspection 
Service as to the quantity shipped.
    (b) [Reserved]

[46 FR 47056, Sept. 24, 1981]



Sec. 905.145  Certification of certain shipments.

    Whenever a regulation pursuant to Sec. 905.52 restricts the shipment 
of a portion of a specified grade or size of a variety, each handler 
shipping such variety during the regulation period shall, with respect 
to each such shipment, certify to the U.S. Department of Agriculture and 
the committee the quantity of the partially restricted grade or size, or 
both, contained in such shipment. Such certification shall accompany the 
manifest of such shipment

[[Page 55]]

which the handler furnishes to the Federal-State Inspection Service.



Sec. 905.146  Special purpose shipments.

    (a) A Special Purpose Shipper is one who handles Florida citrus 
fruit that is certified by a Florida Department of Agriculture and 
Consumer Services licensed certifying agent as organically grown under 
Florida law. In addition, the shipper shall certify that shipments will 
be limited to outlets handling organically grown fruits. Any such 
shipments shall be subject to a Certificate of Privilege issued by the 
committee.
    (b) To qualify for a Certificate of Privilege, each such shipper 
must notify the committee prior to the first shipment of certified 
organically grown Florida citrus fruit in the fiscal period of the 
shipper's intent to ship such citrus, submit an application on forms 
supplied by the committee, and agree to other requirements as set forth 
in Secs. 905.147 and 905.148 inclusive, with respect to such shipments. 
The shipper shall certify that no claims will be made, written or 
verbal, concerning any alleged advantages of using, or any alleged 
superiority of, fruit shipped under a Certificate of Privilege, compared 
to other Florida produced citrus.
    (c) Citrus meeting all other applicable requirements may be handled 
without regard to grade regulations issued under Sec. 905.52 under the 
following conditions:
    (1) Such fruit meets the requirements of U. S. No. 2 Russet grade 
and those requirements of U. S. No. 1 grade relating to shape (form), as 
such requirements are set forth in the revised U. S. Standards for 
Grades of Florida Oranges and Tangelos (7 CFR 51.1140 through 51.1179), 
the revised Standards for Florida Tangerines (7 CFR 51.1810 through 
51.1837), or the revised U. S. Standards for Grades of Florida 
Grapefruit (7 CFR 51.750 through 51.784). Such fruit also meets 
applicable minimum size requirements in effect for domestic shipments of 
citrus fruits.
    (2) All such citrus shall be inspected as required by Sec. 905.53 by 
the Federal or Federal-state Inspection Service prior to the time such 
citrus is shipped from the packing facility, and certified as meeting 
the applicable requirements.
    (3) Be reported as required in Sec. 905.148.

[59 FR 26928, May 25, 1994, as amended at 66 FR 229, Jan. 3, 2001]



Sec. 905.147  Certificate of privilege.

    (a) Application. Application for Certificate of Privilege by a 
Special Purpose Shipper shall be made on forms furnished by the 
committee. Each application may contain, but need not be limited to, the 
name and address of each handler; a list of certified organic citrus 
fruit growers, including addresses; a list of receivers; the quantity 
and variety of citrus to be shipped; a certification to the Secretary 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 Sec. 905.146.
    (b) 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 expire 
at the end of the fiscal period.
    (c) Suspension or Denial of Certificate of Privilege. The committee 
may investigate the handling of special purpose shipments under 
Certificates of Privilege to determine whether Special Purpose Shippers 
are complying with the requirements and regulations applicable to such 
certificates. Whenever the committee finds that a Special Purpose 
Shipper or consignee is failing to comply with the requirements and 
regulations applicable to such certificates, the Certificate of 
Privilege issued to such Special Purpose Shipper may be suspended or, in 
the case of an application for the issuance of an initial Certificate of 
Privilege, may be denied. Such suspension of a certificate shall be for 
a reasonable period of time as determined by the committee, but in no 
event shall it extend beyond the end

[[Page 56]]

of the current fiscal period. In the case of the denial of an 
application for the issuance of an initial certificate, such certificate 
shall be denied until the applicant comes into compliance with the 
requirements and regulations applicable to such certificates. Prior to 
suspending or denying an application for a Certificate of Privilege, the 
committee shall give the shipper or applicant reasonable advance notice 
in writing of its intention and the facts and reasons therefor, and 
afford the shipper or applicant an opportunity, either orally or in 
writing, to present opposing facts and reasons. The shipper or applicant 
shall be informed of the committee's determination in writing and in a 
timely manner.

[43 FR 9456, Mar. 8, 1978, as amended at 59 FR 26929, May 25, 1994]



Sec. 905.148  Reports of special purpose shipments under certificates of privilege.

    (a) Each handler of citrus shipping under Certificates of Privilege 
shall supply the committee with reports on each shipment as requested by 
the committee, on forms supplied by the committee, showing the name and 
address of the shipper or shippers; name and address of the certified 
organic Florida citrus fruit grower or growers supplying fruit for such 
shipment; truck or other conveyance identification; the loading point; 
destination, consignee; the inspection certificate number; and any other 
information deemed necessary by the committee.
    (b) One copy of the report on each shipment shall be forwarded by 
the shipper to the committee within 10 days after such shipment, and two 
copies of the report shall accompany each shipment to the receiver. Upon 
the receipt of each shipment, the receiver shall complete the applicable 
portion of the form and return one copy to the committee within 10 days 
and one copy shall be retained by the shipper. Such completion shall 
contain a certification to the Secretary and the committee that the 
citrus described shall be distributed in the outlets described. Failure 
to complete and return such forms will be cause to remove that 
receiver's name from the committee's list of eligible receivers.

[43 FR 9456, Mar. 8, 1978, as amended at 59 FR 26929, May 25, 1994]



Sec. 905.149  Procedure for permitting growers to ship tree run citrus fruit.

    (a) Tree run citrus fruit. Tree run citrus fruit as referenced in 
this section is defined in the Florida Department of Citrus (FDOC) 
regulation 20-35.006, which specifies that ``Tree run grade is that 
grade of naturally occurring sound and wholesome citrus fruit which has 
not been separated either as to grade or size after severance from the 
tree.'' Wholesomeness is as defined in FDOC regulation 20-62.002. The 
tree run citrus fruit shipped under this provision also must be from the 
applying grower's own grove.
    (b) Application. A grower shall apply to ship tree run fruit using a 
Grower Tree Run Certificate Application, furnished by the committee. 
Such application shall contain, but not be limited to: the name, 
address, and phone number of the grower; legal description of the 
grove(s) from which citrus will be shipped; variety of citrus produced 
on the identified grove(s); approximate number of boxes produced on the 
identified grove(s); and a certification to the U.S. 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.
    (c) Approval. The committee or its duly authorized agents shall give 
prompt consideration to each application for a Grower Tree Run 
Certificate. Approval of an application will be based upon a 
determination as to whether the information contained therein and on 
whether other information available to the committee supports an 
application's approval. Approval of an application shall be evidenced by 
the issuance of a Grower Tree Run Certificate to the applicant. Each 
certificate shall expire at the end of the fiscal period.
    (d) Suspension or denial of a Grower Tree Run Certificate. The 
committee may investigate the handling of tree

[[Page 57]]

run shipments under a Grower Tree Run Certificate to determine whether 
growers are complying with the requirements and regulations applicable 
to such certificates. Whenever the committee finds that a grower is 
failing to comply with the requirements and regulations applicable to 
such certificates, the Grower Tree Run Certificate issued to such grower 
may be suspended or, in the case of an application for the issuance of 
an initial Grower Tree Run Certificate, may be denied. Such suspension 
of a certificate shall be for a reasonable period of time as determined 
by the committee, but in no event shall it extend beyond July 31, 2003. 
In the case of the denial of an application for the issuance of an 
initial certificate, such certificate shall be denied until the 
applicant comes into compliance with the requirements and regulations 
applicable to such certificates. Prior to suspending or denying an 
application for a Grower Tree Run Certificate, the committee shall give 
the grower reasonable advance notice in writing of its intention and the 
facts and reasons therefor, and afford the grower an opportunity, either 
orally or in writing, to present opposing facts and reasons. The grower 
shall be informed of the committee's determination in writing and in a 
timely manner.
    (e) To qualify for a Grower Tree Run Certificate, each such grower 
must notify the committee prior to the first shipment of tree run 
Florida citrus fruit of the grower's intent to ship such citrus, submit 
an application on forms supplied by the committee, and agree to other 
requirements as set forth in this section with respect to such 
shipments.
    (f) The handling of tree run citrus under a Grower Tree Run 
Certificate shall be exempt from the provisions of Secs. 905.52 and 
905.53 and the regulations issued thereunder, under the following 
conditions:
    (1) A grower may only ship up to 150 1\3/5\ bushel boxes per 
variety, per shipment.
    (2) A grower may only ship up to 1,500 boxes per variety per season.
    (3) This rule is applicable for the 2002-03 season only. Each grower 
certificate shall expire July 31, 2003.
    (4) Each grower shall apply to the Citrus Administrative Committee 
and receive a Grower Tree Run Certificate prior to shipping their own 
tree run Florida citrus fruit.
    (5) Each grower of citrus shipping under a Grower Tree Run 
Certificate shall supply the committee with reports on each shipment as 
requested by the committee, on forms supplied by the committee, 
providing the following information: The name and address of the grower, 
along with the grower's Grower Tree Run Certificate number; the legal 
description of the grove; the variety and amount of citrus shipped; the 
date the fruit was shipped; and the truck/trailer license number. A copy 
of the form will be completed for each shipment. One copy of the report 
will be forwarded by the grower to the committee office within 10 days 
after such shipment, and one copy of the report will accompany each 
shipment and be given to the Road Guard Station.

[67 FR 62313, Oct. 7, 2002]



Sec. 905.150  Eligibility requirements for public member and alternate member.

    (a) The public member shall be neither a producer nor a handler of 
Florida citrus fruit and shall have no direct financial interest in the 
production or marketing of citrus fruit (except as a consumer of 
agricultural products).
    (b) The public member should be able to devote sufficient time and 
express a willingness to attend Committee activities regularly and 
become familiar with the background and economics of the industry.
    (c) The public member must be a resident of the production area.
    (d) The public member should be nominated by the Citrus 
Administrative Committee and should serve a 1-year term which coincides 
with the term of office of producer and handler members of the 
Committee.

[43 FR 32397, July 27, 1978]



Sec. 905.153  Procedure for determining handlers' permitted quantities of red seedless grapefruit when a portion of sizes 48 and 56 of such variety is 
          restricted.

    (a) For the purposes of this section, the prior period specified in 
Sec. 905.52 is

[[Page 58]]

hereby established as an average week within the immediately preceding 
five seasons. Each handler's average week shall be computed by adding 
the total volume of red seedless grapefruit handled in the immediately 
preceding five seasons and dividing the total by 165. The average week 
for handlers with less than five previous seasons of shipments shall be 
calculated by adding the total volume of shipments for the seasons they 
did ship red seedless grapefruit, divide by the number of seasons, 
divide further by 33. New handlers with no record of shipments could 
ship size 48 and 56 red seedless grapefruit as a percentage of total 
shipments equal to the percentage applied to other handlers' average 
week; once such handlers have recorded shipments, their average week 
shall be calculated as an average of total shipments for the weeks they 
have shipped red seedless grapefruit during the current season. When 
used in the regulation of red seedless grapefruit, the term season means 
the weeks beginning the third Monday in September and ending the first 
Sunday in the following May. The term regulation period means the 22-
week period beginning the third Monday in September of the current 
season.
    (b) When a size limitation restricts the shipment of a portion of 
sizes 48 and 56 red seedless grapefruit during a particular week as 
provided in Sec. 905.52, the committee shall compute the quantity of 
sizes 48 and 56 red seedless grapefruit that may be shipped by each 
handler by multiplying the handler's calculated average week shipments 
of such grapefruit by the percentage established by regulation for red 
seedless grapefruit for that week. Such set percentage may vary from 
week to week but shall not be less than 25 percent in any week.
    (c) The committee shall notify each handler of the quantity of size 
48 and 56 red seedless grapefruit such handler may handle during a 
particular week.
    (d) During any regulation week for which the Secretary has fixed the 
percentage of sizes 48 and 56 red seedless grapefruit, any person who 
has received an allotment may handle, in addition to their total 
allotment available, an amount of size 48 and 56 red seedless grapefruit 
up to 10 percent greater than their allotment. The quantity of the 
overshipment shall be deducted from the handler's allotment for the 
following week. Overshipments will not be allowed during week 22. If the 
handler fails to use his or her entire allotment, the undershipment is 
not carried forward to the following week. Each handler shipping size 48 
and/or 56 red seedless grapefruit during the regulation period shall 
complete and submit to the committee, no later than 2 p.m. of the 
business day following the shipment, a report of red seedless grapefruit 
shipments by day for each regulation week.
    (e) Any handler may transfer or loan any or all of their shipping 
allotment (excluding the overshipment allowance) of size 48 and 56 red 
seedless grapefruit to any other handler. Each handler party to such 
transfer or loan shall no later than noon on the Wednesday following the 
regulation week notify the committee so the proper adjustment of records 
may be made. In each case, the committee shall confirm in writing all 
such transactions, prior to the following week, to the handlers 
involved. The committee may act on behalf of handlers wanting to arrange 
allotment loans or participate in the transfer of allotments.
    (f) New handlers with no record of shipments planning to ship red 
seedless grapefruit covered by any percentage size regulation shall 
register with the committee prior to the regulation period so their 
allotments can be properly calculated. Each new handler shall provide on 
a form furnished by the committee their Florida citrus fruit dealer's 
license number, their Florida Department of Agriculture and Consumer 
Services' Fruit and Vegetable Division packinghouse registration number, 
and the physical location of the packinghouse where the red seedless 
grapefruit is to be prepared for market. The committee shall notify any 
new handlers of their allotments prior to the regulation period.

[61 FR 69015, Dec. 31, 1996, as amended at 62 FR 52011, Oct. 6, 1997; 64 
FR 51892, Sept. 27, 1999; 67 FR 809, Jan. 8, 2002]



Sec. 905.161  Repacking shipper.

    (a) A repacking shipper is a person who repacks and ships citrus 
fruit

[[Page 59]]

grown in the production area in Florida which has been previously 
inspected and certified as meeting the requirements specified under 
Sec. 905.52 of the order, and who has obtained a currently valid 
repacking certificate of privilege issued to him or her by the committee 
as specified in Sec. 905.162.
    (b) Each repacking shipper, to qualify for a repacking certificate 
of privilege, must notify the committee 10 days prior to his or her 
first shipment of repacked citrus fruit during a particular fiscal 
period of his or her intent to ship such citrus fruit, submit an 
Application for a Repacking Certificate of Privilege form supplied by 
the committee, and agree to other requirements as set forth in 
Secs. 905.162 and 905.163 inclusive, with respect to such shipments. The 
repacking shipper shall certify that he or she will only handle 
previously inspected and certified citrus fruit.
    (c) Any repacking shipper who handles citrus fruit shipped under a 
repacking certificate of privilege must, other order provisions not 
withstanding, meet the following requirements:
    (1) All such citrus fruit must be positive lot identified by the 
Federal or Federal/State Inspection Service and certified as meeting the 
applicable requirements for citrus fruit shipped to the domestic market 
(fruit shipped from the production area to any point outside thereof in 
the 48 contiguous States and the District of Columbia of the United 
States), prior to being repacked and shipped by the repacking shipper. 
Each such citrus fruit shipment shall be accompanied by a Federal-State 
manifest that certifies the grade and amount of each load of citrus 
fruit received, which shall be retained by the repacking shipper.
    (2) Be reported as required in Sec. 905.163.
    (3) The repacking facility used to repack previously inspected and 
certified citrus fruit by the repacking shipper shall not have operable 
equipment to wash, brush, wax, or dry citrus fruit.
    (4) All citrus fruit handled by a repacking shipper shall be packed 
in approved Florida Department of Citrus fruit containers.
    (5) Each container shipped with such citrus fruit shall be marked 
with the repacking shipper's repacking certificate of privilege number.

[59 FR 48782, Sept. 23, 1994]



Sec. 905.162  Repacking certificate of privilege.

    (a) Application. Application for a repacking certificate of 
privilege by a repacking shipper shall be made on an Application for a 
Repacking Certificate of Privilege form supplied by the committee. Each 
such application shall contain, but need not be limited to, the name, 
address and Florida citrus fruit dealer license number of the applicant; 
approximate number of boxes to be handled during the season; the various 
types of containers to be used to ship the repacked citrus fruit; a 
certification to the Secretary 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 duly authorized agents for the purposes stated in Sec. 905.161.
    (b) Approval. The committee or its duly authorized agents shall give 
prompt consideration to each application for a repacking 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 repacking certificate of privilege to the applicant. Each 
such certificate shall expire at the end of the fiscal period.
    (c) Suspension or denial of certificate of privilege. The committee 
may investigate the handling of repacked fresh citrus fruit shipments 
under certificates of privilege to determine whether repacking shippers 
are complying with the requirements and regulations applicable to such 
certificates. Whenever the committee finds that a repacking shipper is 
failing to comply with the requirements and regulations applicable to 
such certificates, the certificate of privilege issued to such repacking 
shipper may be suspended or, in the case of an application for the 
issuance of an initial certificate of privilege, may be denied. Such 
suspension of a

[[Page 60]]

certificate shall be for a reasonable period of time as determined by 
the committee, but in no event shall it extend beyond the end of the 
then current fiscal period. In the case of the denial of an application 
for the issuance of an initial certificate, such certificate shall be 
denied until the applicant comes into compliance with the requirements 
and regulations applicable to such certificates. Prior to suspending or 
denying an application for a certificate of privilege, the committee 
shall give the shipper or applicant an opportunity, either orally or in 
writing, to present opposing facts and reasons. The shipper or applicant 
shall be informed of the committee's determination in writing and in a 
timely manner.

[59 FR 48783, Sept. 23, 1994]



Sec. 905.163  Reports of shipments under repacking certificate of privilege.

    (a) Each repacking shipper who handles citrus fruit under a 
repacking certificate of privilege shall supply the committee with 
reports on each shipment as requested by the committee, on a Report of 
Shipments Under Certificate of Privilege form supplied by the committee, 
showing the name and address of the repacking shipper; name and address 
of the handler supplying the inspected and certified citrus fruit for 
such shipment; number of packages; size and containers; brand; grade; 
certificate number; and any other information deemed necessary by the 
committee. Each repacking shipper of citrus fruit shall maintain on file 
a copy of the Federal-State manifest that certifies the grade and amount 
of each load of citrus fruit received. These manifests shall be readily 
available to the committee upon request.
    (b) One copy of the Report of Shipments Under Certificate of 
Privilege form on each shipment shall be forwarded to the committee 
promptly, one copy of such form shall be retained by the repacking 
shipper, and one copy of such form shall accompany the shipment. Failure 
to complete and return such form shall be cause for suspension of the 
repacking shippers repacking certificate of privilege.

[59 FR 48783, Sept. 23, 1994]



                        Subpart--Assessment Rates



Sec. 905.235   Assessment rate.

    On and after August 1, 2001, an assessment rate of $0.005 per 4/5-
bushel carton or equivalent is established for assessable Florida citrus 
covered under the order.

[66 FR 56597, Nov. 9, 2001]



                  Subpart--Grade and Size Requirements



Sec. 905.306  Orange, Grapefruit, Tangerine and Tangelo Regulation.

    (a) During the period specified in column (2) of Table I, no handler 
shall ship between the production area and any point outside thereof, in 
the 48 contiguous States and the District of Columbia of the United 
States, any variety of fruit listed in column (1) of Table I unless such 
variety meets the applicable minimum grade and size (with tolerances for 
size as specified in paragraph (c) of this section) specified for such 
variety in columns (3) and (4) of table I: Provided, That all grapefruit 
meet the minimum maturity requirements specified in paragraph (e) of 
this section.

                                                     Table I
----------------------------------------------------------------------------------------------------------------
                                                                                                       Minimum
                 Variety                        Regulation period              Minimum grade           diameter
                                                                                                       (inches)
----------------------------------------------------------------------------------------------------------------
(1)                                        (2)........................  (3)........................          (4)
                 Oranges
Early and midseason......................  01/29/90-08/19/90..........  U.S. No. 1 Golden..........      2\4/16\
  .......................................  On and after 08/20/90......  U.S. No. 1.................      2\8/16\
Navel....................................  On and after 12/7/81.......  U.S. No. 1 Golden..........      2\8/16\
Temple...................................  On and after 12/7/81.......  U.S. No. 1.................      2\8/16\
Valencia and other late type.............  05/06/91-09/22/91..........  U.S. No. 1 Golden..........      2\4/16\
  .......................................  On and after 09/23/91......  U.S. No. 1.................      2\8/16\
                Grapefruit
Seeded, except red.......................  On and after 9/01/94.......  U.S. No. 1.................     3\12/16\

[[Page 61]]

 
Seeded, red..............................  On and after 9/01/94.......  U.S. No. 1.................     3\12/16\
Seedless, red............................  On and after 11/13/00......  U.S. No. 1.................      \35/16\
Seedless, except red.....................  On and after 9/01/94.......  U.S. No. 1.................      3\9/16\
                Tangerines
Fallglo..................................  On and after October 19,     U.S. No. 1.................      2\6/16\
                                            1998.
Honey....................................  March 23, 1992-08/23/92....  Florida No. 1 Golden.......      2\6/16\
  .......................................  On and after 8/24/92.......  Florida No. 1..............      2\6/16\
Sunburst.................................  On and after September 26,   U.S. No. 1.................      2\6/16\
                                            2000.
                 Tangelos
Tangelos.................................  On and After 12/7/81.......  U.S. No. 1.................      2\8/16\
----------------------------------------------------------------------------------------------------------------

    (b) During the period specified in column (2) of Table II, no 
handler shall ship to any destination outside the 48 contiguous States 
and the District of Columbia of the United States any variety of fruit 
listed in column (1) of Table II unless such variety meets the 
applicable minimum grade and size (with tolerances for size as specified 
in paragraph (c) of this section) specified for such variety in columns 
(3) and (4) of Table II: Provided, That all grapefruit meet the minimum 
maturity requirements specified in paragraph (e) of this section.

                                                    Table II
----------------------------------------------------------------------------------------------------------------
                                                                                                       Minimum
                 Variety                        Regulation period              Minimum grade           diameter
                                                                                                       (inches)
----------------------------------------------------------------------------------------------------------------
(1)                                        (2)........................  (3)........................          (4)
                 Oranges
Early and midseason......................  01/29/90-08/19/90..........  U.S. No. 1 Golden..........      2\4/16\
  .......................................  On and after 08/20/90......  U.S. No. 1.................      2\8/16\
Navel....................................  On and after 11/24/89......  U.S. No. 1 Golden..........      2\8/16\
Temple...................................  On and after 11/24/89......  U.S. No. 1.................      2\8/16\
Valencia and other late type:............  March 23, 1992-9/27/92.....  U.S. No. 1.................      2\4/16\
  .......................................  On and after 9/28/92.......  U.S. No. 1.................      2\8/16\
                Grapefruit
Seeded, except red.......................  On and after 09/01/94......  U.S. No. 1.................      3\9/16\
Seeded, red..............................  On and after 09/01/94......  U.S. No. 1.................      3\9/16\
Seedless, except red.....................  On and after 09/01/94......  U.S. No. 1.................      3\5/16\
Seedless, red............................  On and after 09/01/94......  U.S. No. 1.................      3\5/16\
                Tangerines
Fallglo..................................  On and after October 19,     U.S. No. 1.................      2\6/16\
                                            1998.
Honey....................................  March 23, 1992-08/23/92....  Florida No. 1 Golden.......      2\6/16\
  .......................................  On and after 08/24/92......  Florida No. 1..............      2\6/16\
Sunburst.................................  On and after September 26,   U.S. No. 1.................      2\6/16\
                                            2000.
                 Tangelos
Tangelos.................................  On and After 11/24/89......  U.S. No. 1.................      2\8/16\
----------------------------------------------------------------------------------------------------------------
\1\ Florida No. 1 Golden grade for Honey tangerines means the same as provided in Rule No. 20-35.03 of the
  Regulation of the Florida Department of Citrus.

    (c) Size tolerances. To allow for variations incident to proper 
sizing in the determination of minimum diameters as prescribed in Tables 
I and II, not more than 10 percent, by count, of the fruit in any lot of 
containers may fail to meet the minimum diameter size requirements, and 
not more than 15 percent, by count, in any individual sample may fail to 
meet the minimum diameter size requirements specified: Provided, That 
such tolerances for other than Navel and Temple oranges shall be based 
only on the oranges in the lot measuring 2\14/16\ inches or smaller in 
diameter.
    (d) Terms used in the marketing order including Improved No. 2 grade 
for grapefruit, when used herein, mean the same as is given to the terms 
in the

[[Page 62]]

order; Florida No. 1 grade for Honey tangerines means the same as 
provided in Rule No. 20-35.03 of the Regulations of the Florida 
Department of Citrus, and terms relating to grade, except Improved No. 2 
grade for grapefruit and diameter, shall mean the same as is given to 
the terms in the revised U. S. Standards for Grades of Florida Oranges 
and Tangelos (7 CFR 51.1140 through 51.1179), the revised U. S. 
Standards for Florida Tangerines (7 CFR 51.1810 through 51.1837), or the 
revised U. S. Standards for Grades of Florida Grapefruit (7 CFR 51.750 
through 51.784).
    (e) All grapefruit shipped under the order shall meet minimum 
maturity requirements of 8.0 percent soluble solids (sugars) and 7.5 to 
1 solids to acid ratio or shall comply with one of the alternate 
equivalent soluble solids and solids to acid ratio combinations set 
forth in Table III: Provided, That the minimum ratio shall not drop 
below 7.2 even if the soluble solids (sugars) reaches a level higher 
than 9.6.

                                Table III
------------------------------------------------------------------------
  Minimum total solids (sugars), %       Solids to acid minimum ratio
------------------------------------------------------------------------
8.0 to (not including) 9.1            7.50 to 1
9.1 to (not including) 9.2            7.45 to 1
9.2 to (not including) 9.3            7.40 to 1
9.3 to (not including) 9.4            7.35 to 1
9.4 to (not including) 9.5            7.30 to 1
9.5 to (not including) 9.6            7.25 to 1
9.6 and greater                       7.20 to 1
------------------------------------------------------------------------


[46 FR 60171, Dec. 8, 1981]

    Editorial Note: For Federal Register citations affecting 
Sec. 905.306, see the List of CFR Sections Affected, which appears in 
the Finding Aids section of the printed volume and on GPO Access.

    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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 905.350  Red seedless grapefruit regulation.

    This section establishes the weekly percentages to be used to 
calculate each handler's weekly allotment of small sizes. Handlers can 
fill their allotment with size 56, size 48, or a combination of the two 
sizes such that the total of these shipments are within the established 
weekly limits. The weekly percentages for size 48 (3 9/16 inches minimum 
diameter) and size 56 (3 5/16 inches minimum diameter) red seedless 
grapefruit grown in Florida, which may be handled during the specified 
weeks, are as follows:

------------------------------------------------------------------------
                                                                Weekly
                            Week                              percentage
------------------------------------------------------------------------
(a) 9/16/02 through 9/22/02.................................         45
(b) 9/23/02 through 9/29/02.................................         45
(c) 9/30/02 through 10/6/02.................................         35
(d) 10/7/02 through 10/13/02................................         35
(e) 10/14/02 through 10/20/02...............................         35
(f) 10/21/02 through 10/27/02...............................         35
(g) 10/28/02 through 11/3/02................................         35
(h) 11/4/02 through 11/10/02................................         35
(i) 11/11/02 through 11/17/02...............................         35
(j) 11/18/02 through 11/24/02...............................         35
(k) 11/25/02 through 12/1/02................................         35
(l) 12/2/02 through 12/8/02.................................         35
(m) 12/9/02 through 12/15/02................................         35
(n) 12/16/02 through 12/22/02...............................         35
(o) 12/23/02 through 12/29/02...............................         35
(p) 12/30/02 through 1/5/03.................................         35
(q) 1/6/03 through 1/12/03..................................         35
(r) 1/13/03 through 1/19/03.................................         35
(s) 1/20/03 through 1/26/03.................................         35
(t) 1/27/03 through 2/2/03..................................         40
(u) 2/3/03 through 2/9/03...................................         40
(v) 2/10/03 through 2/16/03.................................         40
------------------------------------------------------------------------


[67 FR 57326, Sept. 10, 2002]



                      Subpart--Interpretative Rule



Sec. 905.400  Interpretation of certain provisions.

    (a) In interpreting the provisions of paragraph (d) of Sec. 905.52, 
the limitation on shipment of any variety of fruit regulated pursuant to 
paragraph (a)(3) of that section, which was prepared for market during 
the effective period of such regulation, shall not be deemed to apply to 
shipment of such variety which was prepared for market incidentally as 
part of a lot packed for export and shipped following the period of 
regulation.
    (b) Prior to shipment of any variety of fruit so prepared, the 
handler shall provide the Citrus Administrative Committee or its 
designated agent a copy of the shipping manifest applicable to such 
shipment with a notation

[[Page 63]]

thereon that the fruit was packed incidentally as part of a lot packed 
for export.

[54 FR 46597, Nov. 6, 1989]



PART 906--ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
906.1  Secretary.
906.2  Act.
906.3  Person.
906.4  Production area.
906.5  Fruit.
906.6  Handler.
906.7  Handle.
906.8  Producer.
906.9  Grade and size.
906.10  Pack.
906.11  Maturity.
906.12  Container.
906.13  Variety or varieties.
906.14  Committee.
906.15  Fiscal period.
906.16  District.

                                Committee

906.18  Establishment and membership.
906.19  Term of office.
906.20  Districts.
906.21  Redistricting.
906.22  Selection.
906.23  Nominations.
906.24  Failure to nominate.
906.25  Acceptance.
906.26  Vacancies.
906.27  Alternate members.
906.28  Procedure.
906.29  Expenses and compensation.
906.30  Powers.
906.31  Duties.

                        Expenses and Assessments

906.32  Expenses.
906.33  Budget.
906.34  Assessments.
906.35  Accounting.

                        Research and Development

906.37  Research and development.

                               Regulation

906.38  Marketing policy.
906.39  Recommendations for regulations.
906.40  Issuance of regulations.
906.41  Gift fruit shipments.
906.42  Shipments for special purposes.
906.43  Notification of regulations.
906.44  Safeguards.

                               Inspection

906.45  Inspection and certification.

                                 Reports

906.51  Reports.

                        Miscellaneous Provisions

906.52  Compliance.
906.53  Right of the Secretary.
906.54  Effective time.
906.55  Termination.
906.56  Proceedings after termination.
906.57  Effect of termination or amendment.
906.58  Duration of immunities.
906.59  Agents.
906.60  Derogation.
906.61  Personal liability.
906.62  Separability.

                     Subpart--Rules and Regulations

906.120  Fruit exempt from regulations.
906.121  Reestablishment of districts.
906.122  [Reserved]
906.123  Fruit for processing.
906.137  Handlers use of identifying marks utilized by the committee in 
          promotional and advertising projects.
906.151  Reports.
906.235  Assessment rate.

                Subpart--Container and Pack Requirements

906.340  Container, pack, and container marking regulations.
906.365  Texas Orange and Grapefruit Regulation 34.

    Authority: 7 U.S.C. 601-674.



                   Subpart--Order Regulating Handling

    Source: 25 FR 9093, Sept. 22, 1960. Redesignated at 26 FR 12751, 
Dec. 30, 1961.

                               Definitions



Sec. 906.1  Secretary.

    Secretary means the Secretary of Agriculture of the United States, 
or any employee of the Department to whom authority has heretofore been 
delegated, or to whom authority may hereafter be delegated, to act in 
his stead.



Sec. 906.2  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

[[Page 64]]

amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674).



Sec. 906.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 906.4  Production area.

    Production area means all territory in the counties of Cameron, 
Hidalgo, and Willacy in the State of Texas.



Sec. 906.5  Fruit.

    Fruit means either or both of the following citrus fruits grown in 
the production area: (a) Citrus grandis, Osbeck, commonly called 
grapefruit, and (b) Citrus sinensis, Osbeck, commonly called oranges.



Sec. 906.6  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier of fruit owned by another person) who handles 
fruit or causes fruit to be handled.
    (a) Independent handler. Independent handler means any handler other 
than a handler that is a cooperative marketing organization.
    (b) [Reserved]



Sec. 906.7  Handle.

    Handle or ship means to transport or sell fruit, or in any other way 
to place fruit, in the current of commerce between the production area 
and any point outside thereof in the United States, Canada, or Mexico.



Sec. 906.8  Producer.

    Producer means any person engaged in a proprietary capacity in the 
production of fruit for market.
    (a) Independent producer. Independent producer means any producer 
who does not market his fruit through a handler that is a cooperative 
marketing organization.
    (b) [Reserved]



Sec. 906.9  Grade and size.

    Grade means any one of the established grades of fruit and size 
means any one of the established sizes of fruit as defined and set forth 
in the applicable U.S. Standards for fruit (Secs. 51.680 through 51.714 
and Secs. 51.620 through 51.653) 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.



Sec. 906.10  Pack.

    Pack means the specific grade, quality, size, or arrangement of 
fruit in a particular container or containers.



Sec. 906.11  Maturity.

    Maturity means various degrees of ripeness for fruit as established 
by the committee with approval of the Secretary.



Sec. 906.12  Container.

    Container means any box, bag, crate, hamper, basket, package, bulk 
carton, or any other type of receptacle used in the packaging, 
transportation, sale, or other handling of fruit.



Sec. 906.13  Variety or varieties.

    Variety or varieties means any one or more of the following 
groupings or classifications of fruit: (a) Navel oranges; (b) Early and 
Midseason oranges, except Navel oranges; (c) Valencia and similar late 
type oranges; (d) white seeded grapefruit; (e) white seedless 
grapefruit; (f) pink and red seeded grapefruit; and (g) pink and red 
seedless grapefruit.



Sec. 906.14  Committee.

    Committee means the Texas Valley Citrus Committee, established 
pursuant to Sec. 906.18.



Sec. 906.15  Fiscal period.

    Fiscal period means the period beginning August 1 and ending July 31 
following; or such annual beginning and ending dates as may be approved 
by the Secretary pursuant to recommendations of the committee.



Sec. 906.16  District.

    District means any of the geographic divisions of the production 
area initially established pursuant to Sec. 906.20 or as re-established 
pursuant to Sec. 906.21.

[[Page 65]]

                                Committee



Sec. 906.18  Establishment and membership.

    (a) The Texas Valley Citrus Committee, consisting of fifteen (15) 
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) Nine members shall be producers who produce fruit in the 
district which they represent and are residents of the production area. 
Two of the producer members shall be producers who market their fruit 
through cooperative marketing organizations, and seven of the producer 
members shall be independent producers. Producer members shall not have 
a proprietary interest in or be employees of a handler organization: 
Provided, That members of a cooperative marketing organization shall not 
be considered as having a proprietary interest in a handler organization 
because of such membership.
    (c) Six members shall be handlers who are residents of the 
production area. One handler member shall represent cooperative 
marketing organizations; five handler members shall represent 
independent handlers.



Sec. 906.19  Term of office.

    (a) The term of office of committee members and their respective 
alternates shall be for three years beginning August 1 and ending July 
31: Provided, That the term of office of one-third of the initial 
producer members and alternates and one-third of the initial handler 
members and alternates shall end July 31, 1961, and the term of office 
of an identical number of such committee members and alternates shall 
end July 31, 1962. No member or alternate member shall succeed himself.
    (b) Members and alternates shall serve in that capacity during 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. Should a producer member or alternate member change his 
marketing affiliation during his term of office, he may continue to 
serve in such capacity during the remainder of such term.

[25 FR 9093, Sept. 22, 1960. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 31 FR 10462, Aug. 4, 1966]



Sec. 906.20  Districts.

    For the purpose of determining the basis for selecting producer 
committee members the following districts of the production area are 
hereby initially established:

District No. 1: The county of Cameron in the State of Texas;
District No. 2: The county of Hidalgo in the State of Texas; and
District No. 3 The county of Willacy in the State of Texas.



Sec. 906.21  Redistricting.

    The committee may recommend, and pursuant thereto the Secretary may 
approve, the reapportionment of members among districts, the 
reapportionment of members between grower and handler members 
representing cooperative marketing organizations and independent grower 
and independent handler members, and the re-establishment of districts 
within the production area. In recommending such changes, the committee 
shall give consideration to: (a) Shifts in production; (b) the 
importance of new production in its relation to existing districts; (c) 
the equitable relationship of committee membership and districts; (d) 
changes in amount of fruit handled by cooperative marketing 
organizations in relation to fruit handled by independent handlers; and 
(e) other relevant factors. No changes in districting or in 
apportionment of members may become effective in 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.



Sec. 906.22  Selection.

    (a) From District No. 1 the Secretary shall select initially two 
producer members and their alternates representing independent 
producers. From District No. 2 the Secretary shall select initially two 
producer members and their respective alternates representing producers 
who market their

[[Page 66]]

fruit through cooperative marketing organizations, and four producer 
members and their respective alternates representing independent 
producers. From District No. 3 the Secretary shall select initially one 
producer member and his alternate representing independent producers.
    (b) From the production area the Secretary shall select initially 
six handler members and their respective alternates. One handler member 
shall represent cooperative marketing organizations and five handler 
members shall represent independent handlers.



Sec. 906.23  Nominations.

    The Secretary may select the members of the committee and alternates 
from nominations which may be made in the following manner:
    (a) A meeting of producers who are members of cooperative marketing 
organizations and a meeting of independent producers shall be held for 
each district having both cooperative and independent producer members 
and alternates to elect nominees for such positions. For all other 
districts, meetings of all producers shall be held for such purpose. A 
meeting of handlers representing cooperative marketing organizations and 
a meeting of independent handlers shall be held in the production area 
to elect nominees for handler members and alternates. 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.
    (b) At each such meeting at least one nomination shall be designated 
for each position as member and alternate.
    (c) Nominations for committee members and alternates following the 
initial committee shall be supplied to the Secretary not later than July 
1 each year.
    (d) In districts having both cooperative and independent producer 
members, only producers who market their fruit through cooperative 
marketing organizations may participate in designating nominees for 
members and alternates representing cooperative producers; and only 
independent producers may participate in designating nominees for 
members and alternates representing independent producers. In all other 
districts, all producers may participate in designating the nominees for 
producer members and alternates. Only handlers representing cooperative 
marketing organizations may participate in designating nominees for 
members and alternates representing cooperative handlers; and only 
independent handlers may participate in designating nominees for members 
and alternates representing independent handlers. In the event that a 
person is engaged in producing fruit 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 amount of fruit handled by a handler or the 
number of districts in which a person produces fruit, each 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 shall be construed to permit a voter to cast one 
vote for each position to be filled. Votes must be cast in person at all 
nomination meetings.



Sec. 906.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
specified in Sec. 906.23, 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 
Secs. 906.20 through 906.22, inclusive.



Sec. 906.25  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.

[[Page 67]]



Sec. 906.26  Vacancies.

    To fill committee vacancies, the Secretary may select such members 
or alternates from unselected nominees on the current nominee list from 
the district and group involved, or from nominations made in the manner 
specified in Sec. 906.23. 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, which selection shall be made on the basis of 
representation provided for in Secs. 906.20 through 906.22, inclusive.



Sec. 906.27  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 and his alternate are unable to 
attend a committee meeting, the committee members present may designate 
another alternate of the same classification (handler or producer, and 
to the extent practical, independent, or co-op) 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.

[31 FR 10462, Aug. 4, 1966]



Sec. 906.28  Procedure.

    Ten members of the committee shall be necessary to constitute a 
quorum, six of whom shall be producer members. Ten affirmative votes 
shall be required to pass any motion or approve any committee action. 
All votes shall be cast in person.



Sec. 906.29  Expenses and compensation.

    The members of the committee, and alternates, shall serve without 
compensation; but they may be reimbursed for expenses necessarily 
incurred by them in the performance of their duties and in the exercise 
of their powers under this subpart.



Sec. 906.30  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.



Sec. 906.31  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 sub-committees, 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 require adequate fidelity bonds for all persons handling 
funds;
    (f) To investigate from time to time and to assemble data on the 
growing, harvesting, shipping, and marketing conditions with respect to 
fruit;
    (g) To prepare a marketing policy;
    (h) To recommend marketing regulations to the Secretary;
    (i) To recommend rules and procedures for, and to make 
determinations in connection with, issuance of certificates of 
privilege;
    (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; and minutes of each committee 
meeting shall be promptly submitted to the Secretary;

[[Page 68]]

    (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 each 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 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.

                        Expenses and Assessments



Sec. 906.32  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 fruit handled by him as the first handler 
thereof during a fiscal period and the total quantity of fruit handled 
by all handlers as first handlers thereof during such fiscal period.



Sec. 906.33  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 shall recommend the 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 estimates and recommendations.



Sec. 906.34  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 fruit shall, with respect to the fruit so 
handled by him, 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) The rate of assessment may be increased at any time by the 
Secretary if he finds such increase is necessary in order that the money 
collected shall be adequate to cover the committee's expenses during a 
given fiscal period. Such increase shall be applicable to all fruit 
handled during such fiscal period.
    (d) The payment of assessments for the maintenance and functining 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.



Sec. 906.35  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 
to the persons from whom 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 equal approximately 1 fiscal 
period's expenses. Such reserve funds may be used for any expenses 
authorized pursuant to Sec. 906.32 and for necessary expenses of 
liquidation in the event of termination of this part. Upon such 
termination, any funds not required to defray the necessary

[[Page 69]]

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 terms 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.

[25 FR 9093, Sept. 22, 1960. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 31 FR 10462, Aug. 4, 1966]

                        Research and Development



Sec. 906.37  Research and development.

    The committee, with the approval of the Secretary, may establish or 
provide for the establishment of marketing research and development 
projects, including paid advertising, designed to assist, improve, or 
promote the marketing, distribution, and consumption of fruit. Any such 
project for the promotion and advertising of fruit 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 Sec. 906.34.

[31 FR 10462, Aug. 4, 1966]

                               Regulation



Sec. 906.38  Marketing policy.

    Prior to or at the same time as initial recommendations are made 
pursuant to Sec. 906.39, the committee shall submit to the Secretary a 
report setting forth the marketing policy it deems desirable for the 
industry to follow in shipping fruit 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 or modified 
marketing policy because of changes in the demand and supply situation 
with respect to fruit. The committee shall publicly announce the 
submission of each marketing policy report and copies thereof shall be 
available at the committee's office for inspection by any producer or 
handler. In determining each such marketing policy the committee shall 
give due consideration to the following:
    (a) Market prices of fruit, including prices by grade, size, and 
quality in different packs, and such prices by foreign competing areas;
    (b) Supply of fruit, by grade, size, and quality in the production 
area, and in other production areas, including foreign production areas;
    (c) Trend and level of consumer income;
    (d) Marketing conditions affecting fruit prices; and
    (e) Other relevant factors.



Sec. 906.39  Recommendations for regulations.

    The committee, upon complying with the requirements of Sec. 906.38, 
may recommend regulations to the Secretary whenever it finds that such 
regulations, as are provided for in this sub-part, will tend to 
effectuate the declared policy of the act. The committee shall give 
notice to handlers of any such recommendation at the same time

[[Page 70]]

such recommendation is submitted to the Secretary.



Sec. 906.40  Issuance of regulations.

    The Secretary shall limit the handling of fruit whenever he finds 
from the recommendation and information submitted by the committee, or 
from other available information, that such rgulation would tend to 
effectuate the declared policy of the act. Such regulations may:
    (a) Limit the handling of particular grades, sizes, qualities, 
maturities, or packs of any or all varieties of fruit during a specified 
period or periods: Provided, That specific maturity requirements 
applicable to the handling of any variety may be prescribed under this 
section only in the event that appropriate maturity requirements for 
such variety are not in effect under State authority.
    (b) Limit the handling of particular grades, sizes, qualities, or 
packs of fruit differently for different varieties, for different 
containers, for different purposes specified in Sec. 906.42, or any 
combination of the foregoing, during any period.
    (c) Limit the handling of fruit by establishing, in terms of grades, 
sizes, or both, minimum standards of quality and maturity.
    (d) 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 fruit.
    (e) Prohibit the handling (1) of any fruit which does not have 
marked on each container the grade or the registered grade label of the 
fruit contained therein; (2) of any grapefruit which does not have 
marked on each fruit the word Texas or other words implying Texas 
origin, except that the committee may recommend and the Secretary 
establish a tolerance for grapefruit in any container or lot not so 
marked; and (3) of any container fruit which is misbranded as to 
variety.
    (f) No regulations may be issued under the provisions of this 
subpart which allots to individual handlers the quantity of fruit which 
each handler may ship during any regulation period.



Sec. 906.41  Gift fruit shipments.

    The handling to any person of gift packages of fruit individually 
addressed to such person, in quantities aggregating not more than 500 
pounds and not for resale, are exempt from the provisions of 
Secs. 906.34, 906.40, and 906.45, and the regulations issued thereunder, 
but shall conform to such safeguards as may be established pursuant to 
Sec. 906.43.



Sec. 906.42  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 
Secs. 906.34, 906.40, 906.45, or any combination thereof, in order to 
facilitate the handling of fruit:
    (a) For relief or for charity;
    (b) For processing or for manufacture or conversion into specified 
products; and
    (c) In such minimum quantities and for such other purposes as may be 
specified by the committee with the approval of the Secretary.



Sec. 906.43  Notification of regulations.

    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.



Sec. 906.44  Safeguards.

    (a) The committee, with the approval of the Secretary, may prescribe 
adequate safeguards to prevent the handling of fruit pursuant to 
Sec. 906.41 or Sec. 906.42 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 
fruit pursuant to Secs. 906.41 and 906.42.
    (2) Handlers shall obtain inspection provided by Sec. 906.45, or pay 
the assessment levied pursuant to Sec. 906.34, or

[[Page 71]]

both, in connection with shipments made under Sec. 906.42: Provided, 
That such inspection and assessment requirements shall not apply to 
fruit handled for canning or freezing.
    (3) Handlers shall obtain certificates of privilege from the 
committee to handle fruit affected or to be affected under the 
provisions of Secs. 906.41 and 906.42.
    (b) The committee may rescind or deny certificates of privilege to 
any handler if proof is obtained that fruit handled by him for the 
purposes stated in Secs. 906.41 and 906.42 was 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 fruit covered by such applications, the number of such applications 
denied and certificates granted, the quantity of fruit handled under 
duly issued certificates, and such other information as may be 
requested.

                               Inspection



Sec. 906.45  Inspection and certification.

    (a) During any period in which handling of a variety of a type of 
fruit is regulated pursuant to Secs. 906.34, 906.40, 906.42, or any 
combination thereof, no handler shall handle any variety of such type of 
fruit which has not been inspected by an authorized representative of 
the Federal or Federal-State Inspection Service, unless such handling is 
relieved from such requirements pursuant to Sec. 906.41 or Sec. 906.42, 
or both;
    (b) Regrading, resorting, or repacking any lot of fruit shall 
invalidate any prior inspection insofar as the requirements of this 
section are concerned. No handler shall handle fruit after it has been 
regraded, resorted, repacked, or in any other way prepared for market, 
unless each lot of fruit is inspected by an authorized representative of 
the Federal or Federal-State Inspection Service: Provided, That the 
committee, with the approval of the Secretary, may provide for waiving 
inspection requirements on any fruit in circumstances where it appears 
reasonably certain that, after regrading, resorting, or repacking, such 
fruit meets 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 fruit 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;
    (e) The committee may recommend and the Secretary may require that 
any fruit handled or transported by motor vehicle shall be accompanied 
by a copy of the inspection certificate issued thereon, which 
certificate shall be surrendered to such authority as may be designated.

                                 Reports



Sec. 906.51  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 fruit 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 fruit;
    (4) Identification of the inspection certificates, and the 
certificates of privilege, if any, pursuant to which the fruit was 
handled, together with the destination of each lot of fruit handled 
pursuant to Sec. 906.41.
    (b) All such reports shall be held under appropriate protective 
classification and custody of the committee, or

[[Page 72]]

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 fruit received and disposed of by such handler as 
may be necessary to verify the reports he submits to the committee 
pursuant to this section.

                        Miscellaneous Provisions



Sec. 906.52  Compliance.

    Except as provided in this subpart, no handler shall handle fruit, 
the handling of which has been prohibited by the Secretary in accordance 
with provisions of this subpart, or the rules and regulations issued 
thereunder, and no handler shall handle fruit except in conformity to 
the provisions of this part.



Sec. 906.53  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.



Sec. 906.54  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.



Sec. 906.55  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 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.
    (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 fruit for market: Provided, That 
such majority has, during such representative period, produced for 
market more than fifty percent of the volume of such fruit 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.



Sec. 906.56  Proceedings after termination.

    (a) Upon the termination of the provisions of this subpart the then 
functioning members of the committee shall, for the purpose of 
liquidating the affairs of the committee continue as joint trustees 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 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 funds, 
property, and claims vested in the committee or the trustees pursuant to 
this subpart.

[[Page 73]]

    (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.



Sec. 906.57  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.



Sec. 906.58  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.



Sec. 906.59  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.



Sec. 906.60  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.



Sec. 906.61  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, agent, or employee, 
except for act of dishonesty, willful misconduct, or gross negligence.



Sec. 906.62  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 things, 
shall not be affected thereby.



                     Subpart--Rules and Regulations



Sec. 906.120  Fruit exempt from regulations.

    (a) Minimum quantity. Any person or the occupants of any one vehicle 
may ship fruit from the production area during any one day exempt from 
the requirements of Secs. 906.34, 906.40, and 906.45, and regulations 
issued thereunder: Provided, That the shipment does not exceed 400 
pounds of fruit (either oranges or grapefruit or a combination of both), 
it consists solely of fruit not for resale, and it is not part of a 
shipment of fruit exceeding 400 pounds.
    (b) Processing. The term processing as used in Sec. 906.42(b) means 
the manufacture of any orange or grapefruit product which has been 
converted into sectioned fruit or into fresh juice, or preserved by any 
commercial process, including canning, freezing, dehydrating, drying, 
and the addition of chemical substances, or by fermentation. Fruit so 
processed, if handled in accordance with Sec. 906.123, shall be exempt 
from the provisions of Secs. 906.34 and 906.40.
    (c) Special purpose shipments and safeguards. (1) Fruit may be 
handled for relief or charity exempt from the requirements of 
Secs. 906.34, 906.40, and 906.45 and the regulations issued thereunder:

[[Page 74]]

Provided, That the fruit shall not be offered for resale, and the 
handler submits, prior to any such handling, an application to the 
committee on forms provided by the committee. The application shall 
contain the name and address of the handler and such other information 
that the committee may require including, but not limited to, the 
quantity of fruit involved, license number of the conveyance, and 
supporting documentation. Approval of the application by the committee 
shall be evidenced by the issuance of a certificate of privilege to the 
applicant in accordance with paragraph (d) of this section.
    (2) Gift packages of fruit handled pursuant to Sec. 906.41 shall be 
in containers stamped or marked with the handler's name and address.
    (3) Fruit may be handled exempt from regulations issued pursuant to 
Sec. 906.40(d), if the following conditions are met:
    (i) Each fiscal period the handler submits prior to such handling a 
written application to the committee on forms provided by the committee. 
The application shall contain the name and address of the handler, and a 
description of the container or containers in which such fruit would be 
handled.
    (ii) The fruit grades at least U.S. No. 1.
    (iii) The fruit is handled in closed fully telescopic fiberboard 
cartons with inside dimensions of 16\1/2\x10\3/4\x10\1/2\ inches which 
are packed level full, and the cover and bottom section have a Mullen or 
Cady test of at least 250 pounds; in six-packs; in 12-packs; in baskets 
of a capacity of 1 bushel or less; or in any of the containers 
authorized under Sec. 906.340, provided they are stamped or marked 
special purpose shipment.
    (iv) Each handler shall file a report with the committee within 1 
business day after each shipment handled pursuant to paragraph (c)(3). 
Such report shall contain the name and address of the handler; date 
fruit is handled; the number and type of containers and packs in such 
shipment; the inspection certificate numbers applicable to such 
shipment; name and address of the purchaser; and the license number of 
the truck, trailer, or automobile, as the case may be, in which the 
shipment was loaded.
    (4) Oranges and grapefruit grown in the production area may be 
handled exempt from container and pack regulations issued pursuant to 
Sec. 906.40(d), under the following conditions:
    (i) Such oranges and/or grapefruit grown in the production area are 
mixed with other types of fruit;
    (ii) Such oranges and/or grapefruit grown in the production area 
constitute at least one-third by volume of the contents of any 
container, and any such container is not larger than a \7/10\ bushel 
carton.
    (iii) Such grapefruit grown in the production area grade at least 
U.S. No. 1, and such oranges grown in the production area grade at least 
U.S. Combination (with not less than 60 percent, by count, of the 
oranges in any lot grading at least U.S. No.1).
    (d) The committee or its duly authorized agents, shall approve or 
deny each handler's request to handle fruit under paragraphs (c)(1) and 
(c)(3) of this section and promptly notify such handler in writing of 
its decision: Provided, That if it approves a handler's request, it 
shall issue a certificate of privilege as provided in Sec. 906.44, but 
if it denies a request it shall advise the handler why the application 
was denied. 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 the committee that such handler has shipped fruit 
contrary to the provisions of this part. Such action denying a 
certificate of privilege shall apply to and not exceed a reasonable 
period of time as determined by the committee. Any handler who has had a 
certificate of privilege rescinded or denied may file a written appeal 
with the committee for reconsideration.
    (e) Terms. The term bushel means a unit of measure equivalent to 
2,150.42 cubic inches; the term level full means that the fruit is level 
with the top edge of the bottom section of the carton; the term six-pack 
means any container with a capacity of one-fourth of a bushel, the term 
basket means any container made of interwoven material; the term closed 
means closed in accordance with good commercial practices;

[[Page 75]]

and terms relating to grade mean the same as in the U.S. Standards for 
Grades of Grapefruit (Texas and States other than Florida, California, 
and Arizona) (7 CFR 51.620 through 51.653), or in the U.S. Standards for 
Grades of Oranges (Texas and States other than Florida, California, and 
Arizona) (7 CFR 51.680 through 51.714).

[25 FR 9757, Oct. 12, 1960. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 39 FR 44736, Dec. 27, 1974; 40 FR 3286, Jan. 21, 1975; 44 
FR 75103, Dec. 19, 1979; 48 FR 50502, Nov. 2, 1983; 49 FR 3173, Jan. 26, 
1984; 54 FR 18095, Apr. 27, 1989; 59 FR 50826, Oct. 6, 1994; 59 FR 
63693, Dec. 9, 1994; 60 FR 13892, Mar. 15, 1995]



Sec. 906.121  Reestablishment of districts.

    The three districts of the production area specified in Sec. 906.20 
Districts are reestablished as a single district comprising the entire 
production area.

[34 FR 6651, Apr. 18, 1969]



Sec. 906.122  [Reserved]



Sec. 906.123  Fruit for processing.

    (a) No person shall be granted exemption from regulation to handle 
oranges and grapefruit for processing unless such fruit is shipped to an 
approved processor. All such shipments to an approved processor shall be 
reported to the committee on a form approved by it.
    (b) Approved processor. Any person who desires to acquire, as an 
approved processor, fruit for processing, as set forth in 
Sec. 906.120(b), shall, prior thereto, file an application with the 
committee on a form approved by it, which shall contain, but not be 
limited to, the following information:
    (1) Name and address of applicant;
    (2) Location of plant or plants where manufacturing is to take 
place;
    (3) Approximate quantity of fruit used each month;
    (4) A statement that the fruit obtained exempt from fresh fruit 
regulations will not be resold or transferred for resale, directly or 
indirectly, but will be used only for processing;
    (5) A statement agreeing to hold a license issued under the 
Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499r), and 
regulations issued thereunder (7 CFR part 46) when buying Texas oranges 
and grapefruit for processing;
    (6) A statement agreeing to undergo random inspection by the 
committee;
    (7) A statement that the requesting processor has no facilities, 
equipment, or outlet to repack or sell fruit in fresh form;
    (8) A statement agreeing to submit such reports as are required by 
the committee.

Such application shall be investigated by the committee staff. After 
such investigation, the staff shall report its findings to the committee 
at its next meeting or to its delegated subcommittee. Based upon the 
staff's report and other reliable information, the committee or 
delegated subcommittee shall approve or disapprove the application and 
notify the applicant accordingly. If the application is approved, the 
applicant's name shall be placed upon the list of approved processors.
    (c) Certificate by processors. Upon request by the committee each 
approved processor shall submit to the committee on or before the 10th 
day of each month a report of the oranges and grapefruit used during the 
preceding calendar month. Each report shall contain a certificate to the 
United States Department of Agriculture and to the committee as to the 
truthfulness of the information shown therein.
    (d) Diversion report. Each handler who ships fruit to processors for 
processing shall report to the committee on a form approved by it the 
following information:
    (1) Name and address of the processor's place of business where the 
fruit was shipped;
    (2) The net weight of oranges or grapefruit;
    (3) Truck license number or rail car initial and number;
    (4) Inspection certificate number; and
    (5) Such other information as the committee may require.

The handler shall prepare 4 copies of the report and sign them. The 
original copy shall be submitted to the committee within 7 days. One 
copy shall be retained by the handler. One copy shall be given to the 
party transporting the fruit who, upon arrival at the processor's place 
of business, shall turn it

[[Page 76]]

over to the party receiving the fruit with the understanding that the 
processor will record thereon the actual net weight of the fruit 
received and forward such copy to the committee office. One copy shall 
be submitted to the processor along with the invoice.

[39 FR 44736, Dec. 27, 1974, as amended at 54 FR 18095, Apr. 27, 1989]



Sec. 906.137  Handlers use of identifying marks utilized by the committee in promotional and advertising projects.

    (a) Pursuant to Sec. 906.37, the identifying marks ``Texasweet'', 
``Sweeter By Nature'', ``Texas Fancy'', and ``Texas Choice'' shall be 
available to handlers only under the following terms and conditions:
    (1) The identifying marks ``Texasweet'' and ``Sweeter by Nature'' 
may severally or jointly be affixed only to containers of grapefruit or 
to individual grapefruit comprising a lot which grades at least U.S. No. 
1.
    (2) The identifying mark ``Texas Fancy'' may be affixed only to 
containers of grapefruit or to individual grapefruit comprising a lot 
which grades at least U.S. No. 1 with no more than 40 percent of the 
surface of the grapefruit, in the aggregate, affected by discoloration.
    (3) The identifying mark ``Texas Choice'' may be affixed only to 
containers of grapefruit or to individual grapefruit comprising a lot 
which grades at least U.S. No. 2, with no more than 60 percent of the 
surface of the grapefruit, in the aggregate, affected by discoloration.
    (4) The identifying marks ``Texasweet'' and ``Sweeter by Nature'' 
may severally or jointly be affixed only to containers of oranges or to 
individual oranges comprising a lot which grades at least U.S. 
Combination, with not less than 60 percent, by count, of the oranges in 
each container thereof grading at least U.S. No. 1 and the remainder 
U.S. No. 2.
    (5) The identifying mark ``Texas Choice'' may be affixed only to 
containers of oranges or to individual oranges comprising a lot which 
grades at least U.S. No. 2, except that in determining whether the fruit 
is reasonably well colored the yellow or orange color must predominate 
over the green color on at least 75 percent of the fruit surface in the 
aggregate which is not discolored.
    (b) When used herein, terms relating to grade shall have the same 
meaning as is given to the respective term in the U.S. Standards for 
Grapefruit (Texas and States other than Florida, California, and 
Arizona) (7 CFR 51.620 through 51.685) and in the U.S. Standards for 
Oranges (Texas and States other than Florida, California, and Arizona) 
(7 CFR 51.680 through 51.712).

[33 FR 14069, Sept. 17, 1968, as amended at 53 FR 40398, Oct. 17, 1988; 
53 FR 50916, Dec. 19, 1988]



Sec. 906.151  Reports.

    (a) During each fiscal period, each handler shall upon request by 
the committee file with the committee within the time specified in the 
request an accurate report showing the total quantity or oranges and the 
total quantity of grapefruit received by him during such fiscal period 
or the preceding fiscal period, as requested.
    (b) Each handler who sells over 400 pounds of oranges or grapefruit 
or a combination of both for resale inside the production area shall, 
for each transaction, report to the committee on a form approved by it 
the following information:
    (1) Name and address of seller;
    (2) Name and address of buyer;
    (3) Description and quantity of oranges or grapefruit sold;
    (4) Destination of fruit;
    (5) A statement that the buyer certifies that fruit that is 
subsequently taken outside the production area for resale will be 
inspected; and
    (6) Such other pertinent information as the committee may require.
    (c) The handler shall prepare the report in triplicate. The buyer 
shall sign the certification statement. The pink copy shall be submitted 
to the committee within 7 days. The white copy shall be retained by the 
handler and the canary copy shall be given to the buyer. Such form shall 
be reviewed by the committee staff and the information compiled for the 
committee's use.

[34 FR 6651, Apr. 18, 1969, as amended at 61 FR 64255, Dec. 4, 1996; 62 
FR 3603, Jan. 24, 1997]

[[Page 77]]


    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 .366 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 Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 906.235  Assessment rate.

    On and after August 1, 2002, an assessment rate of $0.11 per \7/10\-
bushel carton is established for oranges and grapefruit grown in the 
Lower Rio Grande Valley in Texas.

[67 FR 62320, Oct. 7, 2002]



                Subpart--Container and Pack Requirements



Sec. 906.340  Container, pack, and container marking regulations.

    (a) No handler shall handle any variety of oranges or grapefruit 
grown in the production area unless such fruit is in one of the 
following containers, and the fruit is packed and the containers are 
marked as specified in this section:
    (1) Containers. (i) Closed fiberboard carton with inside dimensions 
of 13\1/4\x10\1/2\x7\1/4\ inches: Provided, That the container has a 
Mullen or Cady test of at least 200 pounds;
    (ii) Closed fully telescopic fiberboard carton with inside 
dimensions of 16\1/2\x10\3/4\x9\1/2\ inches, described in Freight 
Container Tariff 2G as container No. 6506;
    (iii) Closed fiberboard carton with inside dimensions of 20x13\1/4\ 
inches and a depth from 9\3/4\ to 13 inches: Provided, That the 
container has a Mullen or Cady test of at least 250 pounds: Provided 
further, That the container may be used to pack any poly or mesh bags 
authorized in this section.
    (iv) Bags having a capacity of five or eight pounds of fruit.
    (v) Bags of mesh or woven type having a capacity of 18 pounds of 
fruit;
    (vi) Wire crib with inside dimensions of 46\1/2\x37x30 inches: 
Provided, That such cribs be constructed of either 4x4 inch mesh wire at 
least 0 gauge, or 2x2 inch mesh wire at least 2 gauge, and that a new 
liner is placed in this container each time it is filled for shipment;
    (vii) Rectangular or octagonal bulk fiberboard crib with approximate 
dimensions of 46 to 47\1/2\ inches in length, 37 to 38 inches in width 
by 36 inches in height: Provided, That this container has a Mullen or 
Cady test of at least 1,300 pounds, and that it is used only once for 
the shipment of citrus fruit; Provided further, That the container may 
be used to pack any poly or mesh bags authorized in this section or bulk 
fruit.
    (viii) Rectangular or octagonal \2/3\ fiberboard crib with 
dimensions of 46 to 47\1/2\ inches long, 37 to 38 inches wide, by 24 
inches high: Provided, That the crib has a Mullen or Cady test of at 
least 1,300 pounds, and that it is used only once for the shipment of 
citrus fruit; Provided further, That the container may be used to pack 
any poly or mesh bags authorized in this section or bulk fruit.
    (ix) Octagonal fiberboard crib with approximate dimensions of 46 to 
47\1/2\ inches in width by 37 to 38 inches in depth by 26 to 26\1/2\ 
inches in height: Provided, That the crib has a Mullen or Cady test of 
at least 1,300 pounds, and that it is used only once for the shipment of 
citrus fruit: Provided further, That the crib may be used to pack any 
approved poly or mesh bags authorized in this section or bulk fruit.
    (x) Poly or vexar bag having capacity of four pounds of fruit: 
Provided, That only oranges are to be packed in this bag.
    (xi) Mesh type bag having a capacity of ten pounds of fruit.
    (xii) Such types and sizes of containers as may be approved by the 
committee for testing in connection with a research project conducted by 
or in cooperation with the committee: Provided, That the handling of 
each lot of fruit in such test containers shall be subject to prior 
approval and under the supervision of the committee.
    (2) Pack regulation. (i) Oranges. (A) Oranges, when packed in any 
carton, bag, or other container, shall be sized in accordance with the 
sizes in the following Table I, and, when place packed in cartons or 
other containers, meet the requirements of standard pack;

[[Page 78]]

and, when in containers not packed according to a definite pattern, 
shall be sized in accordance with the sizes in Table I and otherwise 
meet the requirements of standard sizing: Provided, That the packing 
tolerances in the U.S. Standards for Grades of Oranges (Texas and States 
other than Florida, California, and Arizona), shall apply to fruit so 
packed:

                            Table I--Oranges
                         [\7/10\ bushel carton]
------------------------------------------------------------------------
                                                    Diameter in inches
           Pack size/Number of oranges           -----------------------
                                                    Minimum     Maximum
------------------------------------------------------------------------
24..............................................   3\12/16\     5\1/16\
32..............................................    3\6/16\     4\9/16\
36..............................................    3\4/16\     4\6/16\
40..............................................    3\2/16\     4\4/16\
48..............................................   2\15/16\           4
56..............................................   2\13/16\    3\13/16\
64..............................................   2\11/16\    3\10/16\
72..............................................    2\9/16\     3\8/16\
88..............................................    2\8/16\     3\4/16\
113.............................................    2\7/16\           3
138.............................................    2\6/16\    2\12/16\
------------------------------------------------------------------------

    (B) If \7/10\ bushel containers of oranges are marked, the count of 
fruit in each container shall not be less than the count marked on the 
container, but may exceed the count marked on the container by not more 
than 8 percent. When packed in marked containers other than \7/10\ 
bushel, the pack sizes applicable to \7/10\ bushel containers shall also 
apply to such containers.
    (ii) Grapefruit. (A) Grapefruit, when packed in any carton, bag, or 
other container, shall be sized in accordance with the sizes in the 
following Table II, except as otherwise provided in the regulations 
issued pursuant to this part, and when place packed in cartons or other 
containers meet the requirements of standard pack; and, when in 
containers not packed according to a definite pattern, shall be sized in 
accordance with the sizes in Table II and otherwise meet the 
requirements of standard sizing: Provided, That the packing tolerances 
in the U.S. Standards for Grades of Grapefruit (Texas and States other 
than Florida, California, and Arizona), shall apply to fruit so packed:

                          Table II--Grapefruit
                         [\7/10\ bushel carton]
------------------------------------------------------------------------
                                                    Diameter in inches
         Pack size/Number of grapefruit          -----------------------
                                                    Minimum     Maximum
------------------------------------------------------------------------
18..............................................   4\15/16\     5\9/16\
23..............................................    4\5/16\           5
27..............................................    4\2/16\    4\12/16\
32..............................................   3\15/16\     4\8/16\
36..............................................   3\13/16\     4\5/16\
40..............................................   3\10/16\     4\2/16\
48..............................................    3\9/16\    3\14/16\
56..............................................    3\5/16\    3\10/16\
------------------------------------------------------------------------

    (B) If \7/10\ bushel containers of grapefruit are marked, the count 
of fruit in the container shall not be less than the count marked on the 
container, but may exceed the count marked on the container by not more 
than 8 percent. When packed in marked containers other than \7/10\ 
bushel, the pack sizes applicable to \7/10\ bushel containers shall also 
apply to such containers.
    (3) Container grade markings. Except when the identifying marks 
``Texas Choice'' or ``Texas Fancy'' are used by handlers pursuant to 
Sec. 906.137, any container of U.S. No. 2 grade fruit shall be marked to 
indicate the grade of the fruit in letters and numbers at least three-
fourths inch in height: Provided, That bags containing five or eight 
pounds of fruit shall be so marked with letters and numbers at least 
one-fourth inch in height prominently displayed on the front panel of 
the bag. The requirements of this paragraph (a)(3) will not be effective 
until February 16, 1992.
    (b) Nonapplicability. The provisions of this section shall not apply 
to gift packages of fruit.
    (c) As used herein, terms relating to grade, pack, standard pack, 
and diameter mean the same as defined in the United States Standards for 
Grades of Oranges (Texas and States other than Florida, California, and 
Arizona), (7 CFR 51.680 through 51.714), or in the United States 
Standards for Grades of Grapefruit (Texas and States other than Florida, 
California, and Arizona), (7 CFR 51.620 through 51.652); and closed 
means closed in accordance with good commercial practices.

[33 FR 11542, Aug. 14, 1968]

    Editorial Note: For Federal Register citations affecting 
Sec. 906.340, see the List of CFR Sections Affected, which appears in 
the

[[Page 79]]

Finding Aids section of the printed volume and on GPO Access.



Sec. 906.365  Texas Orange and Grapefruit Regulation 34.

    (a) No handler shall handle any variety of oranges or grapefruit 
grown in the production area unless:
    (1) Such oranges grade U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, 
U.S. No. 1 Bronze, U.S. Combination (with not less than 60 percent, by 
count, of the oranges in any lot thereof grading at least U.S. No. 1), 
or U.S. No. 2;
    (2) Such oranges are at least pack size 138 with a minimum diameter 
limit of 2\6/16\ inches;
    (3) Such grapefruit grade U.S. Fancy, U.S. No. 1, U.S. No. 1 Bright, 
or U.S. No. 1 Bronze, or meet the quality requirements of ``Texas 
Fancy'' or ``Texas Choice'' as defined in Sec. 906.137 of this part;
    (4) Such grapefruit are at least pack size 48 with a minimum 
diameter limit of 3\9/16\: Provided, That any handler may handle 
grapefruit smaller than pack size 48, if such grapefruit grade at least 
U.S. No. 1 and they are at least pack size 56 with a minimum diameter 
limit of 3\5/16\ inches.
    (5) An appropriate inspection certificate has been issued for such 
fruit within 48 hours prior to the time of shipment. No handler may 
transport by motor vehicle or cause the transportation of any shipment 
of fruit for which an inspection certificate is required unless each 
such shipment is accompanied by a copy of the inspection certificate 
applicable thereto, and a copy of such inspection certificate is 
surrendered upon request to Texas Department of Agriculture personnel 
designated by the committee.
    (6) The fruit meets all the applicable container and pack 
requirements effective under this marketing order.
    (7) Beginning in 1995, this paragraph (a) is suspended each year 
from July 1 through August 31 of each year.
    (b) Terms relating to grade, pack size, and diameter shall mean the 
same as in the U.S. Standards for Grades of Oranges (Texas and States 
other than Florida, California, and Arizona) (7 CFR 51.680 through 
51.714) or in the U.S. Standards for Grades of Grapefruit (Texas and 
States other than Florida, California and Arizona) (7 CFR 51.620 through 
51.653).

[47 FR 1266, Jan. 12, 1982, as amended at 51 FR 41070, Nov. 13, 1986; 54 
FR 3421, Jan. 24, 1989; 54 FR 41584, Oct. 11, 1989; 56 FR 55983, Oct. 
31, 1991; 58 FR 52401, Oct. 8, 1993; 58 FR 54926, Oct. 25, 1993; 59 FR 
56383, Nov. 14, 1994; 60 FR 33679, June 29, 1995; 60 FR 54292, Oct. 23, 
1995; 61 FR 43141, Aug. 21, 1996; 64 FR 47358, Aug. 31, 1999]



PART 911--LIMES GROWN IN FLORIDA--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
911.1  Secretary.
911.2  Act.
911.3  Person.
911.4  Production area.
911.5  Limes.
911.6  Fiscal year.
911.7  Committee.
911.8  Grower.
911.9  Handler.
911.10  Handle or ship.
911.11  District.
911.12  Export.

                           Administrative Body

911.20  Establishment and membership.
911.21  Term of office.
911.22  Nomination.
911.23  Selection.
911.24  Failure to nominate.
911.25  Acceptance.
911.26  Vacancies.
911.27  Alternate members.
911.28  Powers.
911.29  Duties.
911.30  Procedure.
911.31  Expenses.
911.32  Annual report.

                        Expenses and Assessments

911.40  Expenses.
911.41  Assessments.
911.42  Accounting.

                                Research

911.45  Production research, marketing research and development.

                               Regulations

911.46  Marketing policy.
911.47  Recommendations for regulation.
911.48  Issuance of regulations.
911.49  Modification, suspension, or termination of regulations.
911.50  Exemption certificate.
911.51  Inspection and certification.
911.52  Limes not subject to regulations.

[[Page 80]]

911.53  Recommendation for volume regulation.
911.54  Issuance of volume regulations.
911.55  Prorate bases.
911.56  Allotments.
911.57  Overshipments.
911.58  Undershipments.
911.59  Allotment loans and transfers.

                                 Reports

911.60  Reports.

                        Miscellaneous Provisions

911.61  Compliance.
911.62  Right of the Secretary.
911.63  Effective time.
911.64  Termination.
911.65  Proceedings after termination.
911.66  Effect of termination or amendment.
911.67  Duration of immunities.
911.68  Agents.
911.69  Derogation.
911.70  Personal liability.
911.71  Separability.

                     Subpart--Rules and Regulations

911.110  Exemption certificates.
911.111  Pack-out reports.
911.115  Nomination procedure.
911.120  Handler registration.
911.130  Limes not subject to regulation.
911.131  Limes for processing.
911.142  Reserve fund.
911.155  Delinquent assessments.
911.160  Public member eligibility requirements and nomination 
          procedures.

                        Subpart--Assessment Rates

911.234  Assessment rate.

                        Subpart--Pack Regulation

911.311  Florida lime pack and container marking regulation.

                      Subpart--Container Regulation

911.329  Florida lime container regulation.

                  Subpart--Grade and Size Requirements

911.344  Florida lime grade, size, and container regulation.

    Authority: 7 U.S.C. 601-674.



                   Subpart--Order Regulating Handling

    Source: 20 FR 4179, June 15, 1955, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.

                               Definitions



Sec. 911.1  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.



Sec. 911.2  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 (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 
Stat. 906, 1047).



Sec. 911.3  Person.

    Person means an individual, partnership, corporation, association or 
any other business unit.



Sec. 911.4  Production area.

    Production area means all of the State of Florida, except the area 
west of the Suwannee River.



Sec. 911.5  Limes.

    Limes means all varieties and clones of acid limes, grown in the 
production area, classified botanically as Citrus Aurantifolia 
(Christm.) Swingle, and includes the group known as true limes (also 
known as Mexican, West Indian, and Key limes and by other synonyms) and 
the group known as large fruited or Persian limes (including Tahiti, 
Bearss, and similar varieties).



Sec. 911.6  Fiscal year.

    Fiscal year means the twelve-month period ending March 31 of each 
year.



Sec. 911.7  Committee.

    Committee means the Florida Lime Administrative Committee 
established pursuant to Sec. 911.20.



Sec. 911.8  Grower.

    Grower is synonymous with producer and means any person who produces 
limes for market and who has a proprietary interest therein: Provided, 
That as used in Sec. 911.22 the term grower shall

[[Page 81]]

include only those who have a proprietary interest in the production of 
10 or more bearing lime trees.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 911.9  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting limes owned by another person) 
who handles limes or causes limes to be handled.



Sec. 911.10  Handle or ship.

    Handle is synonymous with ship and means to sell, consign, deliver, 
or transport limes within the production area or between the production 
area and any point outside thereof: Provided, That such term shall not 
include: (a) The sale or delivery of limes to a handler, registered as 
such with the committee in accordance with such rules and regulations as 
it may prescribe with the approval of the Secretary, who has facilities 
within the production area for preparing limes for market; (b) the 
delivery of limes to such a handler solely for the purpose of having 
such limes prepared for market; or (c) the transportation of limes by a 
handler, so registered with the committee, from the grove to his packing 
facilities within the production area for the purpose of having such 
limes prepared for market. In the event a grower sells his limes to a 
handler who is not so registered with the committee, such grower shall 
be the first handler of such limes.

[20 FR 4179, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 37 FR 10498, May 24, 1972]



Sec. 911.11  District.

    District means the applicable one of the following described 
subdivisions of the production area, or such other subdivisions as may 
be prescribed pursuant to Sec. 911.29(n):
    (a) District 1 shall include Dade and Monroe counties.
    (b) District 2 shall include all of the production area except Dade 
and Monroe counties.



Sec. 911.12  Export.

    Export means to ship limes to any destination which is not within 
the 48 contiguous States or the District of Columbia of the United 
States or Canada.

[43 FR 39320, Sept. 5, 1978]

                           Administrative Body



Sec. 911.20  Establishment and membership.

    (a) There is hereby established a Florida Lime Administrative 
Committee consisting of nine members, each of whom shall have an 
alternate who shall have the same qualifications as the member for whom 
he is an alternate. Five of the members and their respective alternates 
shall be growers who shall not be handlers of limes produced by others 
or employees of such handlers. Four of the members and their respective 
alternates shall be handlers or employees of handlers. The five members 
of the committee who shall be growers who shall not be handlers of limes 
produced by others or employees of such handlers are referred to as 
``grower'' members of the committee; and the four members who shall be 
handlers or employees of handlers are referred to as ``handler'' members 
of the committee. Four of the five grower members shall be producers of 
limes in District 1, and one grower member shall be a producer of limes 
in District 2. Three of the four handler members shall be handlers, or 
employees of handlers, of limes in District 1, and one handler member 
shall be a handler, or an employee of a handler of limes in District 2. 
No handler or handler organization shall be permitted to have more than 
one handler member and alternate on the committee from each district: 
Provided, That this requirement may be waived by the Secretary in the 
event that there are not enough persons available to be nominated and 
selected to serve on the committee.
    (b) The committee may be increased by one public member and 
alternate. Persons for the public member positions would be nominated by 
the committee and selected by the Secretary. The committee, with the 
approval of

[[Page 82]]

the Secretary, shall prescribe qualifications, term of office, and the 
procedure for nominating the public member and alternate.

[20 FR 4179, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 30 FR 916, Jan. 29, 1965; 43 FR 39320, Sept. 5, 1978; 52 
FR 7117, Mar. 9, 1987]



Sec. 911.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall begin April 1, and shall terminate March 31 of the 
following year. Members and alternate members shall serve in such 
capacities for the portion of the term of office for which they are 
selected and qualify and until their respective successors are selected 
and have qualified. The consecutive terms of office of members shall be 
limited to three terms.



Sec. 911.22  Nomination.

    (a) Initial members. Nominations for each of the five initial grower 
members and four initial handler members of the committee, together with 
nominations for the initial alternate members for each position, may be 
submitted to the Secretary by individual growers and handlers. Such 
nominations may be made by means of group meetings of the growers and 
handlers concerned in each district. Such nominations, if made, shall be 
filed with the Secretary no later than the effective date hereof. In the 
event nominations for initial members and alternate members of the 
committee are not filed pursuant to, and within the time specified in, 
this section, the Secretary may select such initial members and 
alternate members without regard to nominations, but selections shall be 
on the basis of the representation provided for in Sec. 911.20.
    (b) Successor members. (1) The committee shall hold or cause to be 
held a meeting or meetings of growers and handlers in each district to 
designate nominees for successor members and alternate members of the 
committee, or the committee may conduct nominations by mail in District 
2 in a manner recommended by the committee and approved by the 
Secretary. Such nominations shall be submitted to the Secretary by the 
committee not later than February 15 of each year. The committee shall 
prescribe procedural rules, not inconsistent with the provisions of this 
section, for the conduct of nominations.
    (2) Only growers may participate in the nomination and election of 
nominees for grower members and their alternates. Each grower shall be 
entitled to cast only one vote for each nominee to be elected in the 
district in which he produces limes. No grower shall participate in the 
election of nominees in more than one district in any one fiscal year.
    (3) Only handlers may participate in the nomination and election of 
nominees for handler members and their alternates. Each handler is 
entitled to cast only one vote for each nominee to be elected in the 
district in which such handler handles limes. Each vote shall be 
weighted by the volume of limes shipped by such handler during the 
immediately preceding twelve-month period, January through December.

[20 FR 4179, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 40 FR 52604, Nov. 11, 1975; 52 FR 7117, Mar. 9, 1987]



Sec. 911.23  Selection.

    From the nominations made pursuant to Sec. 911.22, or from other 
qualified persons, the Secretary shall select the five grower members of 
the committee, the four handler members of the committee, and an 
alternate for each such member.



Sec. 911.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 911.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of the representation provided for in Sec. 911.20.



Sec. 911.25  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 ten days after being notified of such 
selection.



Sec. 911.26  Vacancies.

    To fill any vacancy occasioned by the failure of any person selected 
as a

[[Page 83]]

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 for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected in the manner specified in Secs. 911.22 and 
911.23. If the names of nominees to fill any such vacancy are not made 
available to the Secretary within fifteen days after such vacancy 
occurs, the Secretary may fill such vacancy without regard to 
nominations, which selection shall be made on the basis of 
representation provided for in Sec. 911.20.



Sec. 911.27  Alternate members.

    An alternate member of the committee, during the absence or at the 
request of the member for whom he is an alternate, shall act in the 
place and stead of such member. 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. 
In the event both a member and his alternate are unable to attend a 
committee meeting, the chairman may designate any alternate who is 
present and who is not serving for any member to serve in such absent 
member's place and stead: Provided, That only grower alternate members 
may be so designated to serve for grower members and only handler 
alternate members may be so designated to serve for handler members.

[20 FR 4179, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 35 FR 16626, Oct. 27, 1970]



Sec. 911.28  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part.
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 911.29  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine the compensation and to define the 
duties of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal year a budget for such fiscal year, including a 
report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such fiscal year;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a certified public 
accountant at least once each fiscal year, and at such other times as 
the Secretary may request;
    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate and assemble data on the growing, handling, and 
marketing conditions with respect to limes;
    (i) To submit to the Secretary such available information as he may 
request;
    (j) To notify, as provided in this part, producers and handlers of 
all meetings of the committee to consider recommendations for 
regulation;
    (k) To give the Secretary the same notice of meetings of the 
committee as is given to its members;
    (l) To consult with such representatives of growers or groups of 
growers as may be deemed necessary and to pay the travel expenses 
incurred by such representatives in attending committee meetings at the 
request of the

[[Page 84]]

committee: Provided, That the committee shall not pay the travel 
expenses of more than three such representatives in connection with any 
one meeting of the committee;
    (m) To investigate compliance with the provisions of this part; and
    (n) 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 any such 
changes shall reflect, insofar as practicable, shifts in lime production 
within the districts and the production area.



Sec. 911.30  Procedure.

    (a) Except as provided in paragraphs (c) and (d), of this section, 
six members of the committee, including alternates acting for members, 
shall constitute a quorum and any decision, recommendation or other 
action of the committee shall require not less than five concurring 
votes, including one by a handler, or an alternate acting as such: 
Provided, That if the committee is increased by one, the quorum 
requirement shall be increased to seven and any decision, recommendation 
or other action of the committee shall require not less than six 
concurring votes, including one by a handler or an alternate acting as 
such.
    (b) The committee may provide for simultaneous meetings of groups of 
its members assembled at two or more designated places: Provided, That 
such meetings shall be subject to the establishment of telephone 
communication between all such groups and the availability of loud 
speaker receivers for each group so that each member may participate in 
the discussions and other actions the same as if the committee were 
assembled in one place.
    (c) For any recommendation of the committee pursuant to Sec. 911.53 
as to the total quantity of limes deemed advisable to be handled during 
any week immediately following two or more continuous weeks of 
regulation pursuant to Sec. 911.54 nine members of the committee, 
including alternates acting for members, shall constitute a quorum and 
nine concuring votes shall be required. The quorum and voting 
requirements specified in this paragraph shall not apply to 
recommendations pursuant to Sec. 911.53 to increase the quantity that 
may be handled during the applicable week or pursuant to Sec. 911.54 to 
terminate or suspend a regulation.
    (d) For any recommendation of the committee for an assessment rate 
exceeding $0.20 per bushel to be applied pursuant to Sec. 911.41, the 
quorum requirement shall be eight members or alternates acting for 
members and eight concurring votes shall be required.

[22 FR 2527, Apr. 13, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 37 FR 10498, May 24, 1972; 43 FR 39320, Sept. 5, 1978]



Sec. 911.31  Expenses.

    The members of the committee and their respective alternates when 
performing duties at the direction of the committee, shall be reimbursed 
for expenses necessarily incurred by them in the performance of their 
duties under this part.

[43 FR 39320, Sept. 5, 1978]



Sec. 911.32  Annual report.

    The committee shall, as soon as practicable after the close of each 
fiscal year, prepare and mail an annual report to the Secretary and to 
each handler and grower who requests a copy of the report. This annual 
report shall contain at least: (a) A complete review of the regulatory 
operations during the fiscal year; (b) an appraisal of the effect of 
such regulatory operations upon the lime industry; and (c) any 
recommendations for changes in the program.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961]

                        Expenses and Assessments



Sec. 911.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds are reasonable and likely to be incurred to enable the committee 
to exercise its powers and perform its duties in accordance with the 
provisions of this part during each fiscal year. The funds to cover such 
expenses shall be

[[Page 85]]

acquired by the levying of assessments as provided for in Sec. 911.41.

[20 FR 4179, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 35 FR 16626, Oct. 27, 1970]



Sec. 911.41  Assessments.

    (a) Each person who first handles limes shall, with respect to limes 
so handled by him, pay to the committee upon demand such person's pro 
rata share of the expenses which the Secretary finds are reasonable and 
likely to be incurred by the committee during each fiscal year. Each 
such person's share of such expenses shall be equal to the ratio between 
the total quantity of limes handled by him as the first handler thereof 
during the applicable fiscal year and the total quantity of limes so 
handled by all persons during the same fiscal year. 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. If a handler does not pay his assessment within the 
time prescribed by the committee, the unpaid assessment may be subject 
to an interest charge at rates prescribed by the committee with the 
approval of the Secretary.
    (b) The Secretary shall fix the rate of assessment per 55-pounds of 
fruit or equivalent in any container or in bulk, to be paid by each such 
handler. 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 which 
may be incurred. Such increase shall be applied to all fruit handled 
during the applicable fiscal year. In order to provide funds for the 
administration of the provisions of this part, the committee may accept 
the payment of assessments in advance.

[20 FR 4179, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 35 FR 16626, Oct. 27, 1970; 40 FR 52604, Nov. 11, 1975; 
43 FR 39320, Sept. 5, 1978]



Sec. 911.42  Accounting.

    (a) If, at the end of a fiscal year, the assessments collected are 
in excess of expenses incurred, such excess shall be accounted for as 
follows:
    (1) Except as provided in paragraph (a)(2) of this section, each 
person entitled to a proportionate refund of the excess assessment shall 
be credited with such refund against the operation of the following 
fiscal year unless such person demands repayment thereof, in which event 
it shall be paid to him: Provided, That any sum paid by a person in 
excess of his pro rata share of the expenses during any fiscal year may 
be applied by the committee at the end of such fiscal year to any 
outstanding obligations due the committee from such person.
    (2) The Secretary, upon recommendation of the committee, may 
determine that it is appropriate for the maintenance and functioning of 
the committee that the funds remaining at the end of a fiscal year which 
are in excess of the expenses necessary for committee operations during 
such year may be carried over into following years as a reserve. Such 
reserve may be established at an amount not to exceed approximately 3 
fiscal years' operational expenses. Funds in the reserve may also be 
used to cover the necessary expenses of liquidation, in the event of 
termination of this part to cover the expenses incurred for the 
maintenance and functioning of the committee during any fiscal year when 
there is a crop failure, or during any period of suspension of any or 
all the provisions of this part. Such reserve may also be used by the 
committee to finance its operations during any fiscal year prior to the 
time that assessment income is sufficient to cover such expenses and to 
cover deficits incurred during any fiscal year when income is less than 
expenses. 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.
    (b) All funds received by the committee pursuant to the provisions 
of this part shall be used solely for the purposes specified in this 
part, and

[[Page 86]]

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.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 35 FR 16626, 
Oct. 27, 1970; 43 FR 39320, Sept. 5, 1978]

                                Research



Sec. 911.45  Production research, marketing research and development.

    The committee may, with the approval of the Secretary, 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 
limes. Such projects may provide for any form of marketing promotion, 
including paid advertising. The expenses of such projects shall be paid 
from funds collected pursuant to the applicable provisions of 
Sec. 911.41.

[40 FR 52604, Nov. 11, 1975]

                               Regulations



Sec. 911.46  Marketing policy.

    Each fiscal year prior to making any recommendation pursuant to 
Sec. 911.47 or Sec. 911.53, the committee shall submit to the Secretary 
a report setting forth its marketing policy for such fiscal year. Such 
marketing policy report shall contain information relative to (a) the 
estimated total production of limes within the production area; (b) the 
expected general quality and size of limes in the production area and in 
other areas, including foreign competing areas; (c) the expected demand 
conditions for limes in different market outlets; (d) the expected 
shipments of limes produced in the production area and in other areas 
including foreign competing areas, together with a schedule of estimated 
weekly shipments of limes during such fiscal year; (e) supplies of 
competing commodities; (f) trend and level of consumer income; (g) other 
factors having a bearing on the marketing of limes; and (h) the type of 
regulations expected to be recommended during the season. In the event 
it becomes advisable, because of changes in the supply and demand 
situation for limes, to modify substantially such marketing policy, the 
committee shall submit to the Secretary a revised marketing policy 
report setting forth the information prescribed in this section. The 
committee shall publicly announce the contents of each marketing policy 
report and copies thereof shall be maintained in the offices of the 
committee where they shall be available for examination by growers and 
handlers.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, further redesignated and 
amended at 37 FR 10498, May 24, 1972]



Sec. 911.47  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of any variety or varieties of limes in the manner provided in 
Sec. 911.48, it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the committee shall give consideration to 
current information with respect to the factors affecting the supply and 
demand for limes during the period or periods when it is proposed that 
such regulation should be made effective. With each such recommendation 
for regulation, the committee shall submit to the Secretary the data and 
information on which such recommendation is predicated, and such other 
available information as the Secretary may request.
    (c) All meetings of the committee held for the purpose of 
formulating recommendations for regulations shall be open to growers and 
handlers. The committee shall give notice of such meetings to growers 
and handlers by mailing such notice to each grower and handler who has 
filed his address with the committee and requested such notice.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, further redesignated and 
amended at 37 FR 10498, May 24, 1972]

[[Page 87]]



Sec. 911.48  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of limes whenever he finds, from the 
recommendations and information submitted by the committee or from other 
available information, that such regulations will tend to effectuate the 
declared policy of the act. Such regulations may:
    (1) Prohibit, during any specified period or periods, the handling 
of any variety or varieties of limes which do not meet such grade, size, 
and quality (including internal quality and juice content) standards as 
shall be prescribed; Provided, That such regulations may require that 
limes not meeting minimum size requirements established under this 
section be marked with a Food and Drug Administration approved food dye 
as a necessary and incidental safeguard to prevent such limes from 
entering fresh marketing channels for regulated limes.
    (2) Prescribe minimum standards of quality for any variety or 
varieties of limes and limit the handling thereof to those meeting such 
minimum standards;
    (3) Limit the shipment of the total quantity of limes by prohibiting 
the shipment thereof: Provided, That no such prohibition shall be 
effective during any fiscal period other than for four periods not 
exceeding six days each immediately prior to, including, or following 
July 4, Labor Day, Thanksgiving Day, and Christmas Day.
    (4) Fix the size, capacity, weight, dimensions, or pack of the 
container or containers which may be used in the packaging, and the 
transportation, sale, shipment, or other handling of limes; and
    (5) Establish and prescribe pack specifications for the grading and 
packing of any variety or varieties of limes and require that all limes 
handled shall be packed in accordance with such pack specifications, and 
shall be identified by appropriate labels, seals, stamps, or tags, 
affixed to the containers by the handler under the supervision of the 
committee or an inspector of the Federal-State Inspection Service, 
showing the particular pack specifications of the lot.
    (6) Provide that any or all requirements effective pursuant to 
paragraphs (a)(1), (3), and (4) of this section applicable to the 
handling of limes shall be different for the handling of limes within 
the production area and for the handling of limes between the production 
area and any point outside thereof.
    (7) Prescribe requirements, as provided in this paragraph, 
applicable to exports of any variety of limes which are different from 
those applicable to the handling of the same variety to other 
destinations.
    (b) The committee shall be informed immediately of any such 
regulations issued by the Secretary and the committee shall promptly 
give notice thereof to growers and handlers.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 36 FR 14125, 
July 30, 1971. Redesignated at 37 FR 10498, May 24, 1972, and amended at 
40 FR 52604, Nov. 11, 1975; 43 FR 39320, Sept. 5, 1978; 52 FR 7117, Mar. 
9, 1987]



Sec. 911.49  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 911.48 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of limes in order to 
effectuate the declared policy of the act, he shall modify, suspend, or 
terminate such regulation. If the Secretary finds that a regulation 
obstructs or does not tend to effectuate the declared policy of the act, 
he shall suspend or terminate such regulation. On the same basis and in 
like manner the Secretary may terminate any such modification or 
suspension.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, further redesignated and 
amended at 37 FR 10498, May 24, 1972]

[[Page 88]]



Sec. 911.50  Exemption certificate.

    In the event the handling of limes is regulated pursuant to 
Sec. 911.48, the committee shall issue one or more exemption 
certificates to any person who furnishes evidence satisfactory to the 
committee that, by reason of conditions beyond his control, he will be 
prevented, because of such regulation, from having as large a proportion 
of a particular variety of his limes handled as the average proportion 
of all such limes which may be handled. Such exemption certificates 
shall authorize the person to whom the certificates are issued to 
handle, or have handled, a percentage of his crop of the particular 
variety of limes equal to the percentage determined as aforesaid. The 
committee shall adopt, with the approval of the Secretary, procedural 
rules by which such exemption certificates will be issued and the limes 
covered thereunder may be handled. Exemption certificates shall be 
transferred to the handler of the limes covered by such certificates at 
the time the limes are delivered to such handler.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, further redesignated and 
amended at 37 FR 10498, May 24, 1972]



Sec. 911.51  Inspection and certification.

    Whenever the handling of any variety of limes is regulated pursuant 
to Sec. 911.48, each handler who handles limes shall, prior thereto, 
cause each lot of limes handled to be inspected by the Federal-State 
Inspection Service and certified by it as meeting the applicable 
requirements of such regulation: Provided, That such inspection and 
certification shall be required when the limes previously have been so 
inspected and certified only if such limes have been regraded, resorted, 
or repackaged after the prior inspection and certification. Promptly 
thereafter, each such handler shall submit, or cause to be submitted, to 
the committee a copy of the certificate of inspection with respect to 
such handling.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, further redesignated and 
amended at 37 FR 10498, May 24, 1972]



Sec. 911.52  Limes not subject to regulations.

    Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 911.41, 911.48, 911.51, and 
911.54 through 911.58, and the regulations issued thereunder, handle 
limes (a) for consumption by charitable institutions; (b) for 
distribution by relief agencies; (c) for commercial processing into 
products; or (d) in such minimum quantities or types of shipments, or 
for such specified purposes as the committee, with the approval of the 
Secretary, may prescribe. The committee shall, with the approval of the 
Secretary, prescribe such rules, regulations, and safeguards as it may 
deem necessary to prevent limes handled under the provisions of this 
section from entering channels of trade for other than the specific 
purposes authorized by this section. Such rules, regulations, and 
safeguards may include the requirements that handlers shall file 
applications with the committee for authorization to handle limes 
pursuant to this section, and that such applications be accompanied by a 
certification by the intended purchaser or receiver that the limes will 
not be used for any purpose not authorized by this section.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, further redesignated and 
amended at 37 FR 10498, May 24, 1972]



Sec. 911.53  Recommendation for volume regulation.

    (a) The committee may, during any week, recommend to the Secretary 
the total quantity of limes which it deems advisable to be handled to 
destinations within the forty-eight contiguous States of the United 
States, the District of Columbia and Canada during the next succeeding 
week: Provided, That such volume regulation shall not be recommended for 
any week except during the 18-week regulatory period beginning with the 
week preceding the first full week in May: Provided, further, That no 
such regulation shall be recommended after such regulations have been in 
effect for an aggregate of eight (8) weeks during the aforesaid period.

[[Page 89]]

    (b) In making its recommendations, the committee shall give due 
consideration to the following factors:
    (1) Market prices for limes;
    (2) Supply of limes en route to principal markets;
    (3) Supply, maturity, and condition of limes in the production area;
    (4) Market prices and supplies of fruits from competitive producing 
areas, including foreign competing areas, and supplies of other 
competitive fruits;
    (5) Trend and level in consumer income; and
    (6) Other relevant factors.
    (c) At any time during a week for which the Secretary, pursuant to 
Sec. 911.54, has fixed the quantity of limes which may be handled, the 
committee may recommend to the Secretary that such quantity be increased 
for such week. Each such recommendation, together with the committee's 
reason for such recommendation, shall be submitted promptly to the 
Secretary.

[37 FR 10498, May 24, 1972, as amended at 43 FR 39321, Sept. 5, 1978]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.53 was 
suspended indefinitely.



Sec. 911.54  Issuance of volume regulations.

    Whenever the Secretary finds from the recommendation and information 
submitted by the committee, or from other available information, that to 
limit the quantity of limes which may be handled to destinations within 
the 48 contiguous States of the United States, the District of Columbia 
and Canada during a specified week of a regulatory period will tend to 
effectuate the declared policy of the act, he shall fix such quantity: 
Provided, That such regulations during a regulatory period shall not in 
the aggregate limit the volume of lime shipments for more than eight (8) 
weeks. The quantity so fixed for any week may be increased by the 
Secretary at any time during such week. Such regulations may, as 
authorized by the act, be made effective irrespective of whether the 
season average price of limes is in excess of the parity price. The 
Secretary may, upon the recommendation of the committee, or upon other 
available information, terminate or suspend any regulation pursuant to 
this section at any time.

[43 FR 39321, Sept. 5, 1978]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.54 was 
suspended indefinitely.



Sec. 911.55  Prorate bases.

    (a) Each person who desires to handle limes 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 a prorate base and for allotments as provided in this section and 
Sec. 911.56.
    (b) Such application shall be substantiated in such manner and shall 
be supported by such information as the committee may require.
    (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.
    (d) Each week during the regulatory period when volume regulation is 
likely to be recommended for the following week, the committee shall 
compute a prorate base for each handler who has made application in 
accordance with the provisions of this section. The prorate base for 
each such handler shall be computed by adding together the handler's 
shipments of limes in the current season and his shipments in the 
immediately preceding seasons, if any, within the representative period, 
in which he shipped limes and dividing such total by a divisor computed 
by adding together the number of weeks elapsed in the current season and 
eighteen weeks for each of such immediately preceding seasons within the 
representative period in which the handler shipped limes. For purposes 
of this section shipments shall include only those limes which were 
shipped to destinations within the forty-eight contiguous

[[Page 90]]

States of the United States, the District of Columbia and Canada; 
representative period means the two preceding seasons together with the 
current season; the term season means the eighteen-week period beginning 
with the week preceding the first full week in May of any fiscal year; 
and the term current season means the period beginning with the week 
preceding the first full week in May of the current fiscal year through 
the fourth full week preceding the week of regulation: Provided, That 
when official shipping records are available to the committee he said 
``current season'' shall extend through the third full week preceding 
the week of regulation.

[37 FR 10499, May 24, 1972, as amended at 43 FR 39321, Sept. 5, 1978]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.55 was 
suspended indefinitely.



Sec. 911.56  Allotments.

    Whenever the Secretary has fixed the quantity of limes which may be 
handled during any week, the committee shall calculate the quantity of 
limes which may be handled during such week by each person who has 
applied for a prorate base and for whom such a base was computed by the 
committee. Such quantity shall be the allotment of such person and shall 
be that portion of the total quantity fixed by the Secretary which, 
expressed in terms of percent, is equal to the percentage that such 
applicant's prorate base is of the aggregate of the prorate bases of all 
such applicants. The committee shall give reasonable notice in writing 
to each person of the allotment computed for him pursuant to this 
section.

[37 FR 10499, May 24, 1972]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.56 was 
suspended indefinitely.



Sec. 911.57  Overshipments.

    During any week for which the Secretary has fixed the total quantity 
of limes which may be handled, any person who has received an allotment 
including any handler who received zero allotment computed pursuant to 
Secs. 911.55 and 911.56 may handle, in addition to the total allotment 
available to him, an amount of limes equal to 50 bushels or two percent 
of such total allotment, whichever is the greater, except that during 
two weeks of each regulatory period any handler may overship his total 
allotment by more than such amount: Provided, That such overshipment 
shall not exceed an amount equal to 10 percent of such total allotment: 
And provided, further, That each handler who intends to so overship 
notifies the committee of his intended overshipment no later than the 
close of business on Thursday during the week of such intended 
overshipment.

[40 FR 52604, Nov. 11, 1975]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.57 was 
suspended indefinitely.



Sec. 911.58  Undershipments.

    If any person handles during any week a quantity of limes, covered 
by a regulation issued pursuant to Sec. 911.54, in an amount less than 
the total allotment available to him for such week, he may handle, 
during the next week, only, a quantity of limes, in addition to that 
permitted by the allotment available to him for such week, equivalent to 
such undershipment or 50 percent of the allotment issued to him for the 
week during which the undershipment was made, whichever is the lesser: 
Provided, That the committee, with the approval of the Secretary, may 
increase or decrease such percentage.

[37 FR 10499, May 24, 1972]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.58 was 
suspended indefinitely.



Sec. 911.59  Allotment loans and transfers.

    (a) A person to whom an allotment has been issued for a particular 
week may lend or transfer all or part of such allotment to other persons 
to whom allotments also have been issued.
    (b) Loaned or transferred allotment may be used only during the 
particular week for which issued.
    (c) Each party to any loan or transfer, shall, prior to the handling 
of any limes covered by a loan or transferred allotment, notify the 
committee of the loan or transfer including the applicable dates, if 
any, of repayment.
    (d) If not volume regulation is in effect in the week when a loan 
repayment is due the repayment requirement shall be deemed canceled.

[[Page 91]]

    (e) Any handler to whom an allotment has been issued and who desires 
to be a party to any such loan or transfer arrangement, may communicate 
such information to the committee. As a service to handlers, the 
committee shall act as a clearinghouse of such information and make it 
available to all such handlers upon request. However, as required by 
paragraph (c) of this section each party to any such loan or transfer 
shall, prior to the handling of any limes covered by the loan or 
transferred allotment, notify the committee of the loan or transfer, 
including the applicable dates, if any, of repayment.

[37 FR 10499, May 24, 1972]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.59 was 
suspended indefinitely.

                                 Reports



Sec. 911.60  Reports.

    (a) Each handler shall furnish to the committee, at such times and 
for such periods as the committee may designate, certified reports 
covering, to the extent necessary for the committee to perform its 
functions, the following: (1) The quantities of each variety of limes he 
received; (2) a complete record of the quantities disposed of by him, 
segregated as to varieties and as to the respective quantities subject 
to regulation and not subject to regulation; (3) the date of each such 
disposition, the destination, by State, zone, or market area, of each 
lot of limes handled, and identification of the carrier transporting 
such fruit; (4) identification of the inspection certificates and the 
exemption certificates, if any, pursuant to which the fruit was handled, 
together with the destination of each such exempted disposition, and of 
all fruit handled pursuant to Sec. 911.56; and (5) the quantity of each 
variety held by him at the end of the period.
    (b) 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 times as it may prescribe, such other information as may be 
necessary to enable the committee to perform its duties under this part.
    (c) Each handler shall maintain for at least two succeeding fiscal 
years, such records of the limes received and disposed of by him as may 
be necessary to verify the reports he submits to the committee pursuant 
to this section.
    (d) All reports and records submitted by handlers pursuant to the 
provisions of this section shall be received by, and at all times be in 
custody of, one or more designated employees of the committee. No such 
employee shall disclose to any person, other than the Secretary upon 
request therefor, data or information obtained or extracted from such 
reports and records which might affect the trade position, financial 
condition, or business operation of the particular handler from whom 
received: Provided, That such data and information may be combined, and 
made available to any person, in the form of general reports in which 
the identities of the individual handler furnishing the information is 
not disclosed and may be revealed to any extent necessary to effect 
compliance with the provisions of this part and the regulations issued 
thereunder.

[20 FR 4179, June 15, 1955, as amended at 22 FR 2527, Apr. 13, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961]

                        Miscellaneous Provisions



Sec. 911.61  Compliance.

    Except as provided in this part, no person shall handle limes, the 
shipment of which has been prohibited by the Secretary in accordance 
with the provisions of this part; and no person shall handle limes 
except in conformity with the provisions of this part and the 
regulations issued under this part.



Sec. 911.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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

[[Page 92]]

acts done in reliance thereon or in accordance therewith prior to such 
disapproval by the Secretary.



Sec. 911.63  Effective time.

    The provisions of this part, and of any amendment thereto, 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 Sec. 911.64.



Sec. 911.64  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 in which he may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part 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 part 
whenever the Secretary finds by referendum or otherwise that such 
termination is favored by a majority of the producers: Provided. That 
such majority has, during a representative period determined by the 
Secretary, produced more than 50 percent of the volume of the limes 
produced within the production area: And provided further, That such 
termination shall be announced by March 15 of the then current fiscal 
year.
    (d) The Secretary shall conduct a referendum as soon as practicable 
after the end of the fiscal year ending March 31, 1990, and at such time 
every sixth year thereafter, to ascertain whether continuance of this 
part is favored by lime producers. The Secretary may terminate the 
provisions of this part at the end of any fiscal year in which the 
Secretary has found that continuance of this part is not favored by 
producers who, during a representative period determined by the 
Secretary, have been engaged in the production for market of limes in 
the production area: Provided, That termination of this part shall be 
effective only if announced on or before March 15 of the then current 
fiscal year.
    (e) The provisions of this part shall, in any event, terminate 
whenever the provisions of the Act authorizing them cease to be in 
effect.

[20 FR 4179, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 52 FR 7117, Mar. 9, 1987]



Sec. 911.65  Proceedings after termination.

    (a) Upon the 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.
    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) 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 (3) 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.
    (c) 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 the trustees.



Sec. 911.66  Effect of termination or amendment.

    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 under this part, or (b) 
release or extinguish any violation of this part or of any regulation 
issued under this part, or (c) affect or impair any rights or remedies 
of the Secretary or of any other person with respect to any such 
violation.

[[Page 93]]



Sec. 911.67  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.



Sec. 911.68  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 
United States Department of Agriculture to act as his agent or 
representative in connection with any of the provisions of this part.



Sec. 911.69  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.



Sec. 911.70  Personal liability.

    No member or alternate 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.



Sec. 911.71  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.



                     Subpart--Rules and Regulations



Sec. 911.110  Exemption certificates.

    Exemption certificates under Sec. 911.50 shall be issued by the 
Florida Lime Administrative Committee pursuant to the following rules 
and regulations:
    (a) The grower must make application for exemption on a form 
supplied by the committee. A separate application must be made for each 
variety or classification of limes and shall contain the following:
    (1) Name and mailing address of the applicant;
    (2) Location (from established landmarks) of grove from which limes 
are to be shipped pursuant to the requested exemption certificate;
    (3) Regulation from which exemption is requested;
    (4) The reasons for requesting exemption from such regulation;
    (5) Date when it is proposed to ship the limes for which exemption 
is requested; and
    (6) Certification as to the correctness of the information contained 
in the application.
    (b) Upon receipt of an application for exemption certificate, the 
Florida Lime Administrative Committee shall check all information 
furnished by the applicant and shall conduct such investigations 
concerning the grade, size, and quality of the applicant's limes as may 
be necessary to determine whether the application shall be approved or 
denied.
    (c) Approval of the application shall be evidenced by the issuance 
to the applicant, by the Manager of the Florida Lime Administrative 
Committee on its behalf, of one or more exemption certificates which 
shall authorize the handling of such quantity of the applicant's limes 
as may be necessary to accomplish the purposes of Sec. 911.50.
    (d) If the application is denied, the applicant shall be informed of 
such denial by written notice stating the reasons therefor.

[20 FR 6018, Aug. 18, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 43 FR 39321, Sept. 5, 1978]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.110 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



Sec. 911.111  Pack-out reports.

    (a) Each handler shall, at the end of each day's operation, report 
to the committee the percent of that day's

[[Page 94]]

pack-out in the following five size categories:
    (1) Sizes 28 and 36,
    (2) Size 42,
    (3) Size 48,
    (4) Size 54, and
    (5) Sizes 63 and 72.
    (b) Each handler shall, at the end of each day's operation, report 
to the committee the number of containers of limes sold and delivered in 
the State of Florida in the following containers: (1) \1/5\ Bushel, (2) 
\2/5\ Bushel, and (3) \4/5\ Bushel. Upon request by the committee, such 
reports shall be confirmed in writing on a weekly basis on a form 
prescribed by the committee.

[52 FR 24134, June 29, 1987, as amended at 53 FR 1743, Jan. 22, 1988]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, Sec. 911.111 was 
suspended indefinitely.



Sec. 911.115  Nomination procedure.

    (a) Any grower who resides outside the production area and desires 
to be represented at a particular nomination meeting by a duly 
authorized agent and to participate through such agent in the nomination 
and election of nominees for grower members and alternate members to 
fill positions on the Florida Lime Administrative Committee, as provided 
in Sec. 911.22(b)(2), shall submit to the committee, prior to such 
meeting but not later than January 20, a written statement containing 
the following:
    (1) Name of grower;
    (2) Mailing address;
    (3) Location of each lime grove (either legal or from established 
landmarks);
    (4) Number of lime trees owned;
    (5) Number of 55-pound units of limes marketed to date during the 
current season;
    (6) Name of the handler of the fruit marketed;
    (7) Authorization, including the name and address, of the person who 
is to represent said grower at the nomination meeting.
    (b) Any grower who has not filed the statement as prescribed in 
paragraph (a) of this section must be present at the nomination meeting 
and cast his own vote for it to be counted in connection with the 
nomination and election of nominees.
    (c) Notwithstanding that a grower has authorized an agent to cast 
his vote as specified in paragraph (a) of this section, such grower may 
appear at the nomination meeting and cast his vote in person to the 
exclusion of such agent.

[23 FR 8974, Nov. 19, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 911.120  Handler registration.

    (a) Each handler who desires to handle limes pursuant to the 
exemptions in Sec. 911.10 shall, prior thereto, register with the 
committee. Such registration shall be by application for registration 
filed with the Florida Lime Administrative Committee on a form, 
prescribed and furnished by the committee, which shall contain the 
following information:
    (1) Business name of applicant;
    (2) Applicant's business location and mailing address;
    (3) Type of business organization (individual, corporation, 
partnership, etc.);
    (4) If other than an individual, the names and addresses of 
officers, partners, and principal stockholders or others having 
financial interest in the business;
    (5) Nature of business (Handler trucker, wholesaler, etc.);
    (6) Number of years engaged in lime business;
    (7) Estimated seasonal volume of limes handled;
    (8) Name and address of three references, one of which shall be a 
bank;
    (9) Certification as to accuracy of information furnished; and
    (10) An agreement to comply with the provisions of this part.
    (b) When the committee receives an application for registration, it 
shall issue the applicant a certificate of registration, if it 
determines based upon an investigation that the applicant may be 
expected to handle limes in accordance with this part.
    (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 why the certificate of 
registration was not issued.
    (d) Any certificate of registration issued to a handler pursuant to 
this

[[Page 95]]

section may be canceled by the committee under circumstances which would 
have justified denial of his application.
    (e) The committee shall suspend the certificate of registration 
issued under this section of any handler who fails to pay assessments or 
furnish reports as required under this part, and so advise the handler 
in writing of the suspension and the effective date. The committee shall 
lift such suspension at such time as the handler pays such assessments 
and furnishes such reports, and the committee determines that the 
handler may be expected to handle limes in the future in accordance with 
this part.

[20 FR 6018, Aug. 18, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 49 FR 33203, Aug. 22, 1984]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.120 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



Sec. 911.130  Limes not subject to regulation.

    (a) Minimum quantity. During any one day any handler may handle not 
to exceed 55 pounds total of limes exempt from the provisions of 
Secs. 911.41, 911.51, and 911.54, and the regulations issued thereunder: 
Provided, That such exempted quantity shall not be included as part of a 
shipment exceeding 55 pounds.
    (b) Gift shipments. Any handler may, exempt from the provisions of 
Secs. 911.41, 911.48, and 911.51, and the regulations issued thereunder, 
handle limes in individually addressed gift containers not exceeding 20 
pounds net weight for use by the addressee other than for resale.
    (c) Commercial processing into products. The term commercial 
processing into products, as used in Sec. 911.52(c) means the 
manufacture of any lime product which has been preserved by any 
recognized commercial process, including canning, freezing, dehydrating, 
drying, the addition of chemical substances, or by fermentation. Limes 
handled for conversion into juice without further processing or 
preservative treatment, as herein described, shall be deemed fresh limes 
subject to all regulations under this part.

[21 FR 3413, May 23, 1956, as amended at 23 FR 9259, Nov. 29, 1958. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 30 FR 10834, 
Aug. 20, 1965; 43 FR 39321, Sept. 5, 1978]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.130 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



Sec. 911.131  Limes for processing.

    (a) No person shall handle any limes for commercial processing into 
products unless (1) such limes meet the applicable grade, size, and 
quality requirements in effect pursuant to Sec. 911.52; or (2) prior to 
such handling such person notifies the Florida Lime Administrative 
Committee of the proposed handling and furnishes such committee with a 
statement executed by the intended processor that the limes will be used 
for the stated purpose only; or (3) the processor is an approved 
manufacturer of lime products, as prescribed in paragraph (b) of this 
section.
    (b) Any person who desires to buy, as an approved manufacturer of 
lime products, limes for commercial processing shall, prior thereto, 
submit to the Florida Lime Administrative Committee an application 
containing the following information: (1) Name and address of applicant; 
(2) location of processing facilities; (3) proposed type of product or 
products to be made or derived from limes; (4) description of facilities 
for processing limes; (5) quantity of limes processed during the 
previous year and estimate of quantity to be processed during current 
year; (6) expected source of limes for processing; (7) method of 
transporting and unloading point; (8) Lime Administrative Committee 
handler certificate of registration number, if any; (9) a statement that 
the limes obtained for processing into products will be used for that 
purpose only and will not be resold or disposed of in fresh fruit 
channels; and (10) an agreement to submit such reports as are required 
by the Florida Lime Administrative Committee. Each application shall be 
investigated by the Florida Lime Administrative Committee. Based upon 
the results of such investigation and other available information, the 
committee

[[Page 96]]

shall approve or disapprove the application and notify the applicant 
accordingly. If the application is approved the applicant's name shall 
be placed upon the list of approved manufacturers of lime products.

[21 FR 6637, Sept. 5, 1956, as amended at 25 FR 11206, Nov. 26, 1960. 
Redesignated at 26 FR 12751, Dec. 30, 1961]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.131 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



Sec. 911.142  Reserve fund.

    (a) The establishment of a reserve fund at an amount not to exceed 
approximately 3 fiscal years' operational expenses is appropriate and 
necessary to the maintenance and functioning of the Florida Lime 
Administrative Committee. Such reserve, including funds carried forward 
from prior fiscal years, shall be used to provide for the maintenance 
and functioning of the committee in accordance with the provisions of 
the marketing agreement, as amended, and this part.
    (b) Terms used in this section shall have the same meaning as when 
used in said amended marketing agreement and order.

[36 FR 16570, Aug. 24, 1971. Redesignated at 45 FR 47653, July 16, 1980]



Sec. 911.155  Delinquent assessments.

    Each handler shall pay interest of one percent per month on any 
unpaid assessment balance beginning 30 days after date of billing. Such 
interest charge is to apply to any unpaid assessments which become due 
the Florida Lime Administrative Committee after the effective date of 
this section.

[40 FR 49786, Oct. 24, 1975]



Sec. 911.160  Public member eligibility requirements and nomination procedures.

    (a) Public member and alternate member candidates shall not 
represent an agricultural interest and shall not have a financial 
interest in, or be associated with the production, processing, 
financing, or marketing of limes.
    (b) Public member and alternate member candidates should be able to 
devote sufficient time to attend committee activities regularly and to 
familiarize themselves with the background and economics of the time 
industry.
    (c) The public member and alternate member shall be a resident of 
the production area.
    (d) The public member and alternate member shall be nominated by the 
Florida Lime Administrative Committee, and shall serve a one-year term 
which coincides with the term of the producer and handler members of the 
committee.

[44 FR 9370, Feb. 13, 1979]

    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 .345 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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



                        Subpart--Assessment Rates



Sec. 911.234  Assessment rate.

    On and after April 1, 1998, an assessment rate of $0.16 per bushel 
container is established for Florida limes.

[63 FR 15281, Mar. 31, 1998]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.234 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



                        Subpart--Pack Regulation



Sec. 911.311  Florida lime pack and container marking regulation.

    (a) No handler shall handle any limes grown in the production area, 
of the group known as seedless, large fruited, or Persian limes 
(including Tahiti, Bearss and similar varieties), in any container 
specified in Sec. 911.329, unless such limes meet the requirements of 
standard pack and each container in each lot is marked or stamped on one 
outside end in letters at least \1/4\ inch in height to show the United 
States grade applicable to such lot and either the average juice content 
of the limes in such lot or the phrase average juice content forty-two 
percent (42%) or more: Provided, That, in lieu of such marking 
requirement, any handler may affix to

[[Page 97]]

the container a label, brand, or trademark, registered with the Florida 
Lime Administrative Committee in accordance with the following, which 
appropriately identifies the grade:
    (1) Registration of each label, brand, or trademark with the Florida 
Lime Administrative Committee shall be on forms prescribed by it and 
shall be filed with such committee not less than 30 days prior to use in 
lieu of the foregoing marking requirement.
    (2) A label, brand, or trademark registered with the committee, 
during a fiscal year, to identify a specific grade may not be 
reregistered during the same fiscal year to identify any other grade 
until 30 days after notice of such reregistration has been filed with 
the committee.
    (3) Each label, brand, or trademark registered with the committee 
shall include the name and address of the handler and shall be 
sufficiently distinctive otherwise that it can be readily identified and 
distinguished from other registered labels, brands, or trademarks.
    (4) If a label, brand, or trademark is registered by a handler to 
identify a specific grade, in order for a label, brand, or trademark of 
practically the same design and lettering with a different color, or 
additional terms or name, to be registered to represent a different 
grade, the name of the color and the additional terms or name shall 
appear on the label, brand, or trademark in block letters of at least 
one-half (\1/2\) inch in height, of contrasting color.
    (5) A label, brand, or trademark registered with the committee to 
identify a specific grade shall not be used on any container packed with 
limes of a lower grade than that for which the label, brand, or 
trademark is registered.
    (b) No handler shall handle any limes grown in the production area 
in any container specified in Sec. 911.329 unless such container is 
marked with a Federal-State Inspection Service lot stamp number showing 
that the limes have been inspected in accordance with regulations issued 
under Sec. 911.48 of the marketing order: Provided, That when inspection 
occurs after palletization, only all exposed or outside containers of 
limes must be plainly marked with the lot stamp number corresponding to 
the lot inspection conducted by an authorized inspector.
    (c) The provisions of paragraphs (a) and (b) of this section shall 
not apply to individual packages of limes not exceeding four pounds, net 
weight, that are within master containers, except that if such packages 
are individual bags, either such bags or the master containers thereof 
shall be marked or labeled in accordance with the requirements of 
paragraph (a) of this section, and master containers shall be marked or 
labeled in accordance with the requirements of paragraph (b) and the 
requirements of Sec. 911.329(a)(2)(v).
    (d) No handler shall handle any container of seedless limes, grown 
in the production area, unless such container is marked once on the top 
or on any one side of the container, not to include the bottom, with 
letters at least one inch in height with one of the size designations 
shown in column 1 of the following table: Provided, That the number of 
seedless limes in a ten pound sample of a particular size designation, 
representative of the limes in the container, corresponds to the 
permissible size range in column 2 of such table for such size 
designation: Provided further, That not more than 10 percent of the 
containers in any lot may fail to meet these requirements.

                                 Table 1
------------------------------------------------------------------------
        Column 1 size designations               Column 2 size range
------------------------------------------------------------------------
72........................................  68 to 76
63........................................  59 to 67
54........................................  51 to 58
48........................................  45 to 51
42........................................  39 to 44
36........................................  33 to 38
28........................................  25 to 32
Jumbo.....................................  24 and larger
------------------------------------------------------------------------

    (e) Terms used in this section shall mean the same as in the 
marketing order, and terms relating to grade and standard pack shall 
mean the same as in the U.S. Standards for Grades of

[[Page 98]]

Persian (Tahiti) Limes (7 CFR 51.1000 through 51.1016).

[29 FR 8461, July 7, 1964, as amended at 43 FR 39321, Sept. 5, 1978; 45 
FR 76429, Nov. 19, 1980; 45 FR 80270, Dec. 4, 1980; 50 FR 15097, Apr. 
17, 1985; 50 FR 20889, May 21, 1985; 52 FR 4598, Feb. 13, 1987; 53 FR 
403, Jan. 7, 1988; 53 FR 11832, Apr. 11, 1988; 53 FR 22126, June 14, 
1988; 56 FR 66778, Dec. 26, 1991; 61 FR 31005, June 19, 1996; 63 FR 
37479, July 13, 1998]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.311 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



                      Subpart--Container Regulation



Sec. 911.329  Florida lime container regulation.

    (a)(1) No handler shall handle between the production area and any 
point outside thereof any variety of limes, grown in the production 
area, in individual bags having a capacity of more than four pounds net 
weight of limes.
    (2) No handler shall handle between the production area and any 
point outside thereof any variety of limes, grown in the production 
area, in containers having a capacity of more than 4 pounds of limes 
unless such limes are handled in containers meeting the following 
specifications and conform to all other applicable requirements of this 
section:
    (i) All limes shall be packed in containers of 5.5, 8, 10, 20, and 
38 pounds designated net weights. The net weight of the contents shall 
not be less than the designated net weight. The net weight of limes 
shall not exceed the designated net weight by more than two pounds for 
10 and 20 pound containers, and shall not exceed the designated net 
weight by more than four pounds for 38 pound containers. Further, the 
net weight shall not exceed the designated net weight by more than one 
pound for 8 pound containers, and this container shall be for export 
shipments only.
    (ii) When a container of 38 pounds designated net weight is used as 
a master container for bagged limes, the minimum net weight of limes 
shall be 35 pounds, provided the container is marked ``Master 
Container.''
    (iii) Such other types and sizes of containers as may be approved by 
the Florida Lime Administrative Committee, with the approval of the 
Secretary, for testing in connection with a research project conducted 
by or in cooperation with said committee: Provided, That the handling of 
each lot of limes in such test containers shall be subject to the prior 
approval, and under the supervision of, the Florida Lime Administrative 
Committee.
    (3) The limitations set forth in paragraph (a)(2) of this section 
shall not apply to master containers of individual packages, including 
individual bags of limes: Provided, That the markings or labels, if any, 
on such packages do not conflict with the markings or labels on the 
master container.
    (b) The terms handler, handle, limes, and production area when used 
in this section shall have the same meaning as when used in the amended 
marketing agreement and this part.

[47 FR 22073, May 21, 1982, as amended at 47 FR 29647, July 8, 1982; 47 
FR 45865, Oct. 14, 1982; 51 FR 27517, Aug. 1, 1986; 52 FR 1314, Jan. 13, 
1987; 52 FR 4598, Feb. 13, 1987; 53 FR 403, Jan. 7, 1988; 53 FR 11831, 
Apr. 11, 1988; 53 FR 13217, Apr. 21, 1988; 53 FR 22126, June 14, 1988; 
54 FR 46714, Nov. 7, 1989; 55 FR 28016, July 9, 1990; 63 FR 37479, July 
13, 1998]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.329 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



                  Subpart--Grade and Size Requirements



Sec. 911.344  Florida lime grade, size, and container regulation.

    (a) No handler shall handle any variety of limes grown in the 
production area unless:
    (1) Such limes of the group known as seeded or true limes (also 
known as Mexican, West Indian, and Key limes and by other synonyms) meet 
the requirements specified for U.S. No. 2 Grade limes in the U.S. 
Standards for Persian (Tahiti) Limes, except as to color: Provided, That 
such limes not meeting these requirements may be handled within the 
production area, if they meet the minimum juice content requirement of 
at least 42% by volume specified in the U.S. Standards for Persian 
(Tahiti) Limes, and if they are

[[Page 99]]

handled in containers other than those authorized in Sec. 911.329.
    (2) Such limes of the group known as seedless, large-fruited, or 
Persian limes (including Tahiti, Bearss, and similar varieties) meet the 
requirements of Secs. 911.311 and 911.329 and grade at least U.S. 
Combination, Mixed Color: Provided, That at least 75 percent, by count, 
of the limes in the lot meet the requirements of the U.S. No. 1 grade, 
and the remainder meet the requirements of the U.S. No. 2 grade: 
Provided further, That stem length shall not be considered a factor of 
grade: Provided further, That such limes not meeting these requirements 
may be handled within the production area if:
    (i) They meet the size requirements in paragraph (a)(3) of this 
section;
    (ii) They contain not less than 42 percent juice content by volume;
    (iii) They are packed in containers other than those authorized 
under Sec. 911.329: Provided, That they are packed in closed new or used 
rigid cardboard or wire-bound containers which are fairly well filled 
with the fruit not more than \1/2\ inch below the top edge of the 
container, containing not more than 60 pounds, net weight, of limes; and
    (iv) They are in containers marked with a Federal-State Inspection 
Service (FSIS) lot stamp number applied to an adhesive tape seal affixed 
to the container in a manner to prevent the container from being opened 
and/or the fruit being removed without breaking the seal. The stamp and 
tape shall be affixed to the container by the FSIS or by the handler 
under the supervision of the FSIS. Only stamps and tape which have been 
approved by the Fresh Products Branch, Fruit and Vegetable Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, may be 
used for purposes of stamping and sealing containers to meet these 
requirements.
    (3) Such limes of the group known as seedless, large-fruited, or 
Persian limes (including Tahiti, Bearss, and similar varieties) shall be 
at least 2 inches in diameter from January 1 through May 31, and at 
least 1\7/8\ inches in diameter from June 1 through December 31; 
Provided, That not more than 10 percent, by count, of the limes in any 
lot of containers may fail to meet these minimum size requirements; 
Provided further, That not more than 15 percent, by count, in any 
individual container containing more than four pounds of limes may fail 
to meet these minimum size requirements.
    (b) Terms relating to grade and diameter shall mean the same as 
defined in the United States Standards for Grades of Persian (Tahiti) 
Limes (7 CFR 51.1000 through 51.1016).

[46 FR 35911, July 13, 1981, as amended at 49 FR 28038, July 10, 1984; 
50 FR 23665, June 5, 1985; 54 FR 46840, Nov. 8, 1989; 56 FR 66778, Dec. 
26, 1991; 61 FR 64257, Dec. 4, 1996; 62 FR 30432, June 4, 1997]

    Effective Date Note: At 67 FR 6842, Feb. 14, 2002, Sec. 911.344 was 
suspended effective Feb. 19, 2002 through Feb. 24, 2003.



PART 915--AVOCADOS GROWN IN SOUTH FLORIDA--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
915.1  Secretary.
915.2  Act.
915.3  Person.
915.4  Production area.
915.5  Avocados.
915.6  Fiscal year.
915.7  Committee.
915.8  Grower.
915.9  Handler.
915.10  Handle.
915.11  District.
915.12  Export.

                           Administrative Body

915.20  Establishment and membership.
915.21  Term of office.
915.22  Nomination.
915.23  Selection.
915.24  Failure to nominate.
915.25  Acceptance.
915.26  Vacancies.
915.27  Alternate members.
915.28  Powers.
915.29  Duties.
915.30  Procedure.
915.31  Expenses.
915.32  Annual report.

                        Expenses and Assessments

915.40  Expenses.
915.41  Assessments.
915.42  Accounting.

[[Page 100]]

                        Research and Development

915.45  Production research, marketing research and development.
915.49  Marketing policy.

                               Regulations

915.50  Recommendations for regulation.
915.51  Issuance of regulations.
915.52  Modification, suspension, or termination of regulations.
915.53  Exemption certificates.
915.54  Inspection and certification.
915.55  Avocados not subject to regulations.
915.60  Reports.

                        Miscellaneous Provisions

915.61  Compliance.
915.62  Right of the Secretary.
915.63  Effective time.
915.64  Termination.
915.65  Proceedings after termination.
915.66  Effect of termination or amendment.
915.67  Duration of immunities.
915.68  Agents.
915.69  Derogation.
915.70  Personal liability.
915.71  Separability.

                     Subpart--Rules and Regulations

915.110  Exemption certificates.
915.115  Nomination procedure.
915.120  Handler registration.
915.140  Avocados not subject to regulation.
915.141  Handling avocados for commercial processing into products.
915.142  Reserve fund.
915.150  Reports.
915.155  Delinquent assessments.
915.160  Public member eligibility requirements and nomination 
          procedures.

                        Subpart--Assessment Rates

915.235  Assessment rate.

                 Subpart--Container and Pack Regulations

915.305  Florida Avocado Container Regulation 5.
915.306  Florida avocado grade, pack, and container marking regulation.
915.332  Florida avocado maturity regulation.

    Authority: 7 U.S.C. 601-674.

    Source: 19 FR 3439, June 11, 1954, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.



                   Subpart--Order Regulating Handling

                               Definitions



Sec. 915.1  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 may hereafter be, authorized to exercise the powers and 
perform the duties of the Secretary of Agriculture of the United States.



Sec. 915.2  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 (48 Stat. 31, as amended, 68 Stat. 906, 1047; 7 
U.S.C. 601 et seq.).

[19 FR 3439, June 11, 1954, as amended at 20 FR 4177, June 15, 1955. 
Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 915.3  Person.

    Person means an individual, partnership, corporation, association or 
any other business unit.



Sec. 915.4  Production area.

    Production area means the counties of Brevard, Orange, Lake, Polk, 
Hillsborough, and Pinellas in the State of Florida, and all of the 
counties of that State situated south of such counties.

[20 FR 4177, June 15, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 915.5  Avocados.

    Avocados means all varieties of avocados grown in the production 
area.



Sec. 915.6  Fiscal year.

    Fiscal year means the twelve-month period ending March 31 of each 
year.



Sec. 915.7  Committee.

    Committee means the Avocado Administrative Committee established 
pursuant to Sec. 915.20.

[[Page 101]]



Sec. 915.8  Grower.

    Grower is synonymous with producer and means any person who produces 
avocados for market and who has a proprietary interest therein: 
Provided, That as used in Sec. 915.22 the term grower shall include only 
those who have a proprietary interest in the production of 10 or more 
bearing avocado trees.

[19 FR 3439, June 11, 1954, as amended at 22 FR 3513, May 21, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 915.9  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting avocados owned by another 
person) who handles avocados or causes avocados to be handled.



Sec. 915.10  Handle.

    Handle means to sell, consign, deliver, or transport avocados within 
the production area or between the production area and any point outside 
thereof: Provided, That such term shall not include: (a) The sale or 
delivery of avocados to a handler, registered as such with the committee 
in accordance with such rules and regulations as it may prescribe with 
the approval of the Secretary, who has facilities within the production 
area for preparing avocados for market; (b) the delivery of avocados to 
such a handler solely for the purpose of having such avocados prepared 
for market; or (c) the transportation of avocados by a handler, so 
registered with the committee, from the grove to his packing facilities 
within the production area for the purpose of having such avocados 
prepared for market. In the event a grower sells his avocados to a 
handler who is not so registered with the committee, such grower shall 
be the first handler of such avocados.

[19 FR 3439, June 11, 1954, as amended at 20 FR 4177, June 15, 1955. 
Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 915.11  District.

    District means the applicable one of the following described 
subdivisions of the production area:
    (a) District 1 shall include Dade County.
    (b) District 2 shall include all of the production area except Dade 
County.



Sec. 915.12  Export.

    Export means to ship avocados to any destination which is not within 
the 48 contiguous States of the District of Columbia of the United 
States or Canada.

[43 FR 39322, Sept. 5, 1978]

                           Administrative Body



Sec. 915.20  Establishment and membership.

    (a) There is hereby established an Avocado Administrative Committee 
consisting of nine members, each of whom shall have an alternate who 
shall have the same qualifications as the member for whom he is an 
alternate. Five of the members and their respective alternates shall be 
growers who shall not be handlers of avocados produced by others or 
employees of such handlers. Four of the members and their respective 
alternates shall be handlers or employees of handlers. The five members 
of the committee who shall be growers who shall not be handlers of 
avocados produced by others or employees of such handlers are referred 
to as ``grower'' members of the committee; and the four members who 
shall be handlers or employees of handlers are referred to as 
``handler'' members of the committee. Four of the five grower members 
shall be producers of avocados in District 1, and one grower member 
shall be a producer of avocados in District 2. Three of the four handler 
members shall be handlers, or employees of handlers, of avocados in 
District 1, and one handler member shall be a handler, or an employee of 
a handler, of avocados in District 2. No handler or handler organization 
shall be permitted to have more than one handler member and alternate on 
the committee from each district: Provided, That this requirement may be 
waived by the Secretary in the event that there are not enough persons 
available to be nominated and selected to serve on the committee.
    (b) The committee may be increased by one public member and an 
alternate. Persons for the public member positions would be nominated by 
the

[[Page 102]]

committee and selected by the Secretary. The committee, with the 
approval of the Secretary, shall prescribe qualifications, term of 
office and the procedure for nominating the public member and alternate.

[19 FR 3439, June 11, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 30 FR 917, Jan. 29, 1965; 43 FR 39322, Sept. 5, 1978; 52 
FR 7118, Mar. 9, 1987]



Sec. 915.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall begin April 1, and shall terminate March 31 of the 
following year. Members and alternate members shall serve in such 
capacities for the portion of the term of office for which they are 
selected and qualify and until their respective successors are selected 
and have qualified. The consecutive terms of office of members shall be 
limited to three terms.



Sec. 915.22  Nomination.

    (a) Initial members. Nominations for each of the five initial grower 
members and four initial handler members of the committee, together with 
nominations for the initial alternate members for each position, may be 
submitted to the Secretary by individual growers and handlers. Such 
nominations may be made by means of group meetings of the growers and 
handlers concerned in each district. Such nominations, if made, shall be 
filed with the Secretary no later than ten calendar days prior to the 
effective date hereof. In the event nominations for initial members and 
alternate members of the committee; or the filed pursuant to, and within 
the time specified in, this section, the Secretary may select such 
initial members and alternate members without regard to nominations, but 
selections shall be on the basis of the representation provided for in 
Sec. 915.20.
    (b) Successor members. (1) The committee shall hold or cause to be 
held a meeting or meetings of growers and handlers in each district to 
designate nominees for successor members and alternate members of the 
committee; or the committee may conduct nominations by mail in District 
2 in a manner recommended by the committee and approved by the 
Secretary. Such nominations shall be submitted to the Secretary by the 
committee not later than February 15 of each year. The committee shall 
prescribe procedural rules, not inconsistent with the provisions of this 
section, for the conduct of nomination.
    (2) Only growers may participate in the nomination and election of 
nominees for grower members and their alternates. Each grower shall be 
entitled to cast only one vote for each nominee to be elected in the 
district in which he produced avocados. No grower shall participate in 
the election of nominees in more than one district in any one fiscal 
year.
    (3) Only handlers may participate in the nomination and election of 
nominees for handler members and their alternates. Each handler shall be 
entitled to cast only one vote for each nominee to be elected in the 
district in which such handler handles avocados. Each vote shall be 
weighted by the volume of avocados shipped by such handler during the 
immediately preceding twelve-month period, January through December.

[19 FR 3439, June 11, 1954, as amended at 22 FR 3513, May 21, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 40 FR 52605, 
Nov. 11, 1975; 40 FR 59719, Dec. 30, 1975; 52 FR 7118, Mar. 9, 1987]



Sec. 915.23  Selection.

    From the nominations made pursuant to Sec. 915.22, or from other 
qualified persons, the Secretary shall select the five grower members of 
the committee, the four handler members of the committee, and an 
alternate for each such member.



Sec. 915.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 915.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of the representation provided for in Sec. 915.20.



Sec. 915.25  Acceptance.

    Any person selected by the Secretary as a member or as an alternate 
member of the committee shall qualify by filing

[[Page 103]]

a written acceptance with the Secretary within ten days after being 
notified of such selection.



Sec. 915.26  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 
member or alternate member of the committee, a successor for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected in the manner specified in Secs. 915.22 and 
915.23. If the names of nominees to fill any such vacancy are not made 
available to the Secretary within fifteen days after such vacancy 
occurs, the Secretary may fill such vacancy without regard to 
nominations, which selection shall be made on the basis of 
representation provided for in Sec. 915.20.



Sec. 915.27  Alternate members.

    An alternate member of the committee, during the absence or at the 
request of the member for whom he is an alternate, shall act in the 
place and stead of such member. 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. 
In the event both a member and his alternate are unable to attend a 
committee meeting, the chairman may designate any alternate who is 
present and who is not serving for any member to serve in such absent 
member's place and stead: Provided, That only grower alternate members 
may be so designated to serve for grower members and only handler 
alternate members may be so designated to serve only for handler 
members.

[19 FR 3439, June 11, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 35 FR 16627, Oct. 27, 1970]



Sec. 915.28  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 915.29  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine the compensation and to define the 
duties of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal year a budget for such fiscal year, including a 
report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such fiscal year;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a certified public 
accountant at least once each fiscal year, and at such other times as 
the Secretary may request;
    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate growing and maturity conditions of avocados, and 
to assemble data in connection therewith;
    (i) To engage in such research relating to the determination of 
maturity and grade standards for avocados as may be approved by the 
Secretary;
    (j) To submit to the Secretary such available information as he may 
request;
    (k) To notify, as provided in this part, producers and handlers of 
all

[[Page 104]]

meetings of the committee to consider recommendations for regulation;
    (l) To give the Secretary the same notice of meetings of the 
committee as is given to its members;
    (m) To consult with such representatives of growers or groups of 
growers as may be deemed necessary and to pay the travel expenses 
incurred by such representatives in attending committee meetings at the 
request of the committee: Provided, That the committee shall not pay the 
travel expenses of more than three such representatives in connection 
with any one meeting of the committee; and
    (n) To investigate compliance with the provisions of this part.



Sec. 915.30  Procedure.

    (a) Except as provided in paragraph (c) of this section, six members 
of the committee, including alternates acting for members, shall 
constitute a quorum and any decision, recommendation or other action of 
the committee shall require not less than five concurring votes 
including one by a handler, or an alternate acting as such: Provided, 
That if the committee is increased by one, the quorum requirement shall 
be increased to seven and any decision, recommendation or other action 
of the committee shall require not less than six concurring votes 
including one by a handler, or an alternate acting as such.
    (b) The committee may provide for simultaneous meetings of groups of 
its members assembled at two or more designated places: Provided, That 
such meetings shall be subject to the establishment of telephone 
communication between all such groups and the availability of loud 
speaker receivers for each group so that each member may participate in 
the discussions and other actions the same as if the committee were 
assembled in one place.
    (c) For any recommendation of the committee for an assessment rate 
exceeding $0.20 per bushel to be applied pursuant to Sec. 915.41, the 
quorum requirement shall be eight members or alternates acting for 
members and eight concurring votes shall be required.

[19 FR 3439, June 11, 1954, as amended at 22 FR 3513, May 21, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 43 FR 39322, 
Sept. 5, 1978]



Sec. 915.31  Expenses.

    The members of the commmittee and their respective alternates when 
performing duties at the direction of the committee, shall be reimbursed 
for expenses necessarily incurred by them in the performance of their 
duties under this part.

[43 FR 39323, Sept. 5, 1978]



Sec. 915.32  Annual report.

    The committee shall, as soon as practicable after the close of each 
fiscal year, prepare and mail an annual report to the Secretary, and to 
each handler and grower who requests a copy of the report. This annual 
report shall contain at least: (a) A complete review, by districts, of 
the regulatory operations during the fiscal year; (b) an appraisal of 
the effect of such regulatory operations upon the avocado industry; and 
(c) any recommendations for changes in the program.

[19 FR 3439, June 11, 1954, as amended at 22 FR 3513, May 21, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961]

                        Expenses and Assessments



Sec. 915.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds are reasonable and likely to be incurred to enable the committee 
to exercise its powers and perform its duties in accordance with the 
provisions of this part during each fiscal year. The funds to cover such 
expenses shall be acquired by the levying of assessments as provided for 
in Sec. 915.41.

[19 FR 3439, June 11, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 35 FR 16627, Oct. 27, 1970]

[[Page 105]]



Sec. 915.41  Assessments.

    (a) Each person who first handles avocados shall, with respect to 
the avocados so handled by him, pay to the committee upon demand such 
person's pro rata share of the expenses which the Secretary finds are 
reasonable and likely to be incurred by the committee during each fiscal 
year. Each such person's share of such expenses shall be equal to the 
ratio between the total quantity of avocados handled by him as the first 
handler thereof during the applicable fiscal year, and the total 
quantity of avocados so handled by all persons during the same fiscal 
year. 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. If a handler does not pay his 
assessment within the time prescribed by the committee, the unpaid 
assessment may be subject to an interest charge at rates prescribed by 
the committee with the approval of the Secretary.
    (b) The Secretary shall fix the rate of assessment per 55-pounds of 
fruit or equivalent in any container or in bulk, to be paid by each such 
handler. 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 expense which 
may be incurred. Such increase shall be applied to all fruit handled 
during the applicable fiscal year. In order to provide funds for the 
administration of the provisions of this part, the committee may accept 
the payment of assessments in advance.

[19 FR 3439, June 11, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 35 FR 16627, Oct. 27, 1970; 40 FR 52605, Nov. 11, 1975; 
43 FR 39323, Sept. 5, 1978]



Sec. 915.42  Accounting.

    (a) If, at the end of a fiscal year, the assessments collected are 
in excess of expenses incurred, such excess shall be accounted for as 
follows:
    (1) Except as provided in paragraph (a)(2) of this section, each 
person entitled to a proportionate refund of the excess assessment shall 
be credited with such refund against the operation of the following 
fiscal year unless such person demands repayment thereof, in which event 
it shall be paid to him: Provided, That any sum paid by a person in 
excess of his pro rata share of the expenses during any fiscal year may 
be applied by the committee at the end of such fiscal year to any 
outstanding obligations due the committee from such person.
    (2) The Secretary, upon recommendation of the committee, may 
determine that it is appropriate for the maintenance and functioning of 
the committee that the funds remaining at the end of a fiscal year which 
are in excess of the expenses necessary for committee operations during 
such year may be carried over into following years as a reserve. Such 
reserve may be established at an amount not to exceed approximately 3 
fiscal years' operational expenses. Funds in the reserve may be used to 
cover the necessary expenses of liquidation, in the event of termination 
of this part, and to cover the expenses incurred for the maintenance and 
functioning of the committee during any fiscal year when there is crop 
failure, or during any period of suspension of any or all of the 
provisions of this part. Such reserve may also be used by the committee 
to finance its operations during any fiscal year prior to the time that 
assessment income is sufficient to cover such expenses and to cover 
deficits incurred during any fiscal year when income is less than 
expenses. 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.
    (b) All funds received by the committee pursuant to the provisions 
of this part shall be used solely for the purposes specified in this 
part, and shall be accounted for in the manner provided in this part. 
The Secretary

[[Page 106]]

may, at any time, require the committee and its members to account for 
all receipts and disbursements.

[19 FR 3439, June 11, 1954, as amended at 22 FR 3513, May 21, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 35 FR 16628, 
Oct. 27, 1970; 43 FR 39323, Sept. 5, 1978]

                        Research and Development



Sec. 915.45  Production research, marketing research and development.

    The committee may, with the approval of the Secretary, 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 
avocados. Such projects may provide for any form of marketing promotion, 
including paid advertising. The expenses of such projects shall be paid 
from funds collected pursuant to the applicable provisions of 
Sec. 915.41.

[40 FR 52605, Nov. 11, 1975]



Sec. 915.49  Marketing policy.

    Each season prior to making any recommendations pursuant to 
Sec. 915.50, the committee shall submit to the Secretary a report 
setting forth its marketing policy for the ensuing season. Such 
marketing policy report shall contain information relative to (a) the 
estimated total production of avocados within the production area; (b) 
the expected general quality and maturity of avocados in the production 
area and in competing areas; (c) the expected demand conditions for 
avocados in different market outlets; (d) the expected shipments of 
avocados produced in the production area and competing areas; (e) 
supplies of competing commodities; (f) trend and level of consumer 
income; (g) other factors having a bearing on the marketing of avocados; 
and (h) the type of regulations expected to be recommended during the 
season. In the event it becomes advisable, because of changes in the 
supply and demand situation for avocados, to modify substantially such 
marketing policy, the committee shall submit to the Secretary a revised 
marketing policy report setting forth the information prescribed in this 
section. The committee shall publicly announce the contents of each 
marketing policy report and copies thereof shall be maintained in the 
offices of the committee where they shall be available for examination 
by growers and handlers.

[40 FR 52605, Nov. 11, 1975]

                               Regulations



Sec. 915.50  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of any variety or varieties of avocados grown in District 1 or 
District 2 in the manner provided in Sec. 915.51, it shall so recommend 
to the Secretary.
    (b) In arriving at its recommendations pursuant to paragraph (a) of 
this section, the committee shall give consideration to such of the 
following factors as may be applicable: (1) The estimated total 
production and shipments of each variety of avocados, including avocados 
grown in other areas; (2) the time of bloom and growing conditions 
during the development of the crop; (3) the quality of the avocado crop; 
(4) the anticipated demand for avocados; and (5) other available 
information having a bearing on the market for avocados with each 
recommendation for regulation the committee shall submit to the 
Secretary the data and information on which such recommendation is 
predicated, and such other available information as the Secretary may 
request.
    (c) All meetings of the committee held for the purpose of 
formulating recommendations for regulations shall be open to growers and 
handlers. The committee shall give notice of such meetings to growers 
and handlers by mailing such notice to each grower and handler who has 
filed his address with the committee and requested such notice.



Sec. 915.51  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of avocados whenever he finds, from the 
recommendations and information submitted by the committee or from other 
available information, that such regulations will tend to effectuate the 
declared policy of the act. Such regulations may:

[[Page 107]]

    (1) Prohibit, prior to such time as shall be specified, the handling 
of any size or sizes of any variety or varieties of avocados grown in 
District 1 or District 2.
    (2) Prohibit the handling of any variety or varieties of avocados 
grown in District 1 or District 2 which do not meet such quality and 
maturity standards as shall be prescribed.
    (3) Limit the shipment of the total quantity of avocados by 
prohibiting the shipment thereof: Provided, That no such prohibition 
shall be effective during any fiscal period, other than for four periods 
not exceeding six days each immediately prior to, including, or 
following July 4, Labor Day, Thanksgiving Day, and Christmas Day.
    (4) Fix the size, capacity, weight, dimensions, or pack of the 
container or containers which may be used in the packaging, and the 
transportation, sale, shipment or other handling of avocados.
    (5) Establish and prescribe pack specifications for the grading and 
packing of any variety or varieties of avocados and require that all 
avocados handled shall be packed in accordance with such pack 
specifications, and shall be identified by appropriate labels, seals, 
stamps, or tags, affixed to the containers by the handler under the 
supervision of the committee or an inspector of the Federal-State 
Inspection Service, showing the particular pack specifications of the 
lot.
    (6) Provide that any or all requirements effective pursuant to 
paragraphs (a)(1), (2), (3), and (4) of this section applicable to the 
handling of avocados shall be different for the handling of avocados 
within the production area and for the handling of avocados between the 
production area and any point outside thereof.
    (7) Prescribe requirements, as provided in this paragraph, 
applicable to exports of any variety of avocados which are different 
from those applicable to the handling of the same variety to other 
destinations.
    (b) The committee shall be informed immediately of any such 
regulations issued by the Secretary and the committee shall promptly 
give notice thereof to growers and handlers.

[19 FR 3439, June 11, 1954, as amended at 20 FR 4177, June 15, 1955; 22 
FR 3514, May 21, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, and 
amended at 36 FR 14126, July 30, 1971; 40 FR 52606, Nov. 11, 1975; 43 FR 
39322, Sept. 5, 1978]



Sec. 915.52  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 915.51 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of avocados in order to 
effectuate the declared policy of the act, he shall modify, suspend, or 
terminate such regulation. If the Secretary finds that a regulation 
obstructs or does not tend to effectuate the declared policy of the act, 
he shall suspend or terminate such regulation. On the same basis and in 
like manner the Secretary may terminate any such modification or 
suspension.



Sec. 915.53  Exemption certificates.

    Whenever a regulation is in effect pursuant to Sec. 915.51(a)(1), 
the committee shall issue one or more exemption certificates to any 
person who furnishes proof, satisfactory to the committee, that his 
avocados of a particular variety are mature prior to the time such 
variety may be handled under such regulation. Such exemption 
certificates shall authorize the person to whom the certificates are 
issued to handle, or have handled, only that portion of his avocados of 
the particular variety which the committee has determined to be mature. 
The committee shall adopt, with the approval of the Secretary, 
procedural rules by which such exemption certificates will be issued and 
the avocados covered thereunder may be handled. Exemption certificates 
shall be transferred to the handler of the avocados covered by

[[Page 108]]

such certificates at the time the avocados are delivered to such 
handler.



Sec. 915.54  Inspection and certification.

    Whenever the handling of any variety of avocados is regulated 
pursuant to Sec. 915.51, each handler who handles avocados shall, prior 
thereto, cause each lot of avocados handled to be inspected by the 
Federal-State Inspection Service and certified by it as meeting the 
applicable requirements of such regulation: Provided, That such 
inspection and certification shall not be required whenever the avocados 
previously have been so inspected and certified. Promptly thereafter, 
each such handler shall submit, or cause to be submitted, to the 
committee a copy of the certificate of inspection with respect to such 
handling.



Sec. 915.55  Avocados not subject to regulations.

    Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 915.41, 915.51, and 915.54, 
and the regulations issued thereunder, handle avocados (a) for 
consumption by charitable institutions; (b) for distribution by relief 
agencies; (c) for commercial processing into products; or (d) in such 
minimum quantities or types of shipments as the committee, with the 
approval of the Secretary, may prescribe. The committee shall, with the 
approval of the Secretary, prescribe such rules, regulations, and 
safeguards as it may deem necessary to prevent avocados handled under 
the provisions of this section from entering channels of trade for other 
than the specific purposes authorized by this section. Such rules, 
regulations, and safeguards may include the requirements that handlers 
shall file applications with the committee for authorization to handle 
avocados pursuant to this section, and that such applications be 
accompanied by a certification by the intended purchaser or receiver 
that the avocados will not be used for any purpose not authorized by 
this section.

[19 FR 3439, June 11, 1954, as amended at 20 FR 4177, June 15, 1955. 
Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 915.60  Reports.

    (a) Each handler shall furnish to the committee, at such times and 
for such periods as the committee may designate, certified reports 
covering, to the extent necessary for the committee to perform its 
functions, the following: (1) The quantities of each variety of avocados 
he received; (2) a complete record of the quantities disposed of by him, 
segregated as to varieties and 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 
fruit; (4) identification of the inspection certificates and the 
exemption certificates, if any, pursuant to which the fruit was handled, 
together with the destination of each such exempted disposition, and of 
all fruit handled pursuant to Sec. 915.55; and (5) the quantity of each 
variety held by him at the end of the period.
    (b) 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 times as it may prescribe, such other information as may be 
necessary to enable the committee to perform its duties under this part.

                        Miscellaneous Provisions



Sec. 915.61  Compliance.

    Except as provided in this part, no person shall handle avocados, 
the shipment of which have been prohibited by the Secretary in 
accordance with the provisions of this part; and no person shall handle 
avocados except in conformity with the provisions of this part and the 
regulations issued under this part.



Sec. 915.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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

[[Page 109]]

be deemed null and void, except as to acts done in reliance thereon or 
in accordance therewith prior to such disapproval by the Secretary.



Sec. 915.63  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 
Sec. 915.64.



Sec. 915.64  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 in which he may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part 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 part 
whenever the Secretary finds by referendum or otherwise that such 
termination is favored by a majority of the producers: Provided, That 
such majority has, during a representative period determined by the 
Secretary, produced more than 50 percent of the volume of the avocados 
produced within the production area: And Provided further, That such 
termination shall be announced by March 15 of the then current fiscal 
year.
    (d) The Secretary shall conduct a referendum as soon as practicable 
after the end of the fiscal year ending March 31, 1990, and at such time 
every sixth year thereafter, to ascertain whether continuance of this 
part is favored by avocado producers. The Secretary may terminate the 
provisions of this part at the end of any fiscal year in which the 
Secretary has found that continuance of this part is not favored by 
producers who, during a representative period determined by the 
Secretary, have been engaged in the production for market of avocados in 
the production area: Provided, That termination of this part shall be 
effective only if announced on or before March 15 of the then current 
fiscal year.
    (e) The provisions of this part shall, in any event, terminate 
whenever the provisions of the Act authorizing them cease to be in 
effect.

[19 FR 3439, June 11, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 52 FR 7118, Mar. 9, 1987]



Sec. 915.65  Proceedings after termination.

    (a) Upon the 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.
    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) 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 (3) 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.
    (c) 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 the trustees.



Sec. 915.66  Effect of termination or amendment.

    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 under this part, or (b) 
release or extinguish any violation of this part or of any regulation 
issued under this part, or (c) affect or impair any rights or remedies 
of the Secretary or of any other person with respect to any such 
violation.

[[Page 110]]



Sec. 915.67  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.



Sec. 915.68  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 
United States Department of Agriculture, to act as his agent or 
representative in connection with any of the provisions of this part.



Sec. 915.69  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.



Sec. 915.70  Personal liability.

    No member or alternate 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.



Sec. 915.71  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.



                     Subpart--Rules and Regulations



Sec. 915.110  Exemption certificates.

    Exemption certificates under Sec. 915.53 shall be issued by the 
Avocado Administrative Committee pursuant to the following rules and 
regulations:
    (a) The grower must make application for exemption on a form 
supplied by the committee. A separate application must be made for each 
variety or classification of avocados and shall contain the following:
    (1) Name and address of the applicant, and date of application;
    (2) District in which the applicant's grove is located;
    (3) Regulation from which exemption is requested;
    (4) Variety for which exemption is requested;
    (5) Location (by county, highway, rural route, distance from nearest 
town, etc.) of grove from which avocados are to be shipped pursuant to 
the requested exemption certificate;
    (6) Information as to the average size of such avocados and the 
reasons why applicant believes he is entitled to an exemption 
certificate; and
    (7) Name of the person who will handle any exempted fruit if 
different than the applicant.
    (b) Upon receipt of an application for exemption certificate, the 
Avocado Administrative Committee shall check all information furnished 
by the applicant and shall conduct such investigations concerning the 
maturity of the applicant's avocados as may be necessary to determine 
whether the application shall be approved or denied.
    (c) Approval of the application shall be evidenced by the issuance 
to the applicant, by the Manager of the Avocado Administrative Committee 
on its behalf, of one or more exemption certificates which shall 
authorize the handling of the quantity of the applicant's avocados which 
the committee has determined is mature.
    (d) If the application is denied, the applicant shall be informed of 
such denial by written notice stating the reasons therefor.

[19 FR 5439, Aug. 26, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 915.115  Nomination procedure.

    (a) Any grower who resides outside the production area and desires 
to be represented in a nomination meeting by a duly authorized agent and 
to have such grower's vote cast by such agent

[[Page 111]]

in the nomination and election of nominees for grower members and 
alternate members to fill positions on the Avocado Administrative 
Committee, as provided in Sec. 915.22(b)(2), shall submit to the 
committee, not later than January 20, a written statement containing the 
following:
    (1) Name of grower;
    (2) Mailing address;
    (3) Location of each avocado grove (either legal or from established 
landmarks);
    (4) Number of avocado trees owned;
    (5) Number of 55-pound units of avocados marketed to date during the 
current season;
    (6) Name of the handler of the fruit marketed;
    (7) Authorization, including the name and address, of the person who 
is to represent said grower at the nomination meeting.
    (b) Any grower who has not filed the statement as prescribed in 
paragraph (a) of this section must be present at the nomination meeting 
to be eligible to have his vote counted in connection with the 
nomination and election of nominees.
    (c) Any grower who, pursuant to the provisions of paragraph (a) of 
this section, has authorized an agent to cast such grower's vote, may 
rescind such authorization by appearing at the nomination meeting and 
exercising his right to vote in person.

[21 FR 78, Jan. 5, 1956. Redesignated at 26 FR 12751, Dec. 30, 1961, and 
amended at 48 FR 2519, Jan. 20, 1983]



Sec. 915.120  Handler registration.

    (a) Each handler who desires to handle avocados pursuant to the 
exceptions in Sec. 915.10 shall, prior thereto, register with the 
committee. Such registration shall be by application for registration 
filed with the Avocado Administrative Committee on a form, prescribed 
and furnished by the committee, which shall contain the following 
information:
    (1) Name and address of applicant;
    (2) Applicant's principal place(s) of business;
    (3) Type of business organization (individual, corporation, 
partnership, etc.);
    (4) If other than an individual, the names and addresses of 
officers, partners, etc.;
    (5) Nature of business (handler, trucker, wholesaler, etc.);
    (6) Number of years engaged in avocado business;
    (7) Estimated seasonal volume of avocados handled;
    (8) Place within production area where the avocados will be prepared 
for market, and name and address of person responsible for such 
preparation;
    (9) Name and address of three references, one of which shall be a 
bank;
    (10) Certification of accuracy of information furnished; and
    (11) An agreement to comply with the provisions of this part.
    (b) When the committee receives an application for registration, it 
shall issue the applicant a certificate of registration, if it 
determines based upon an investigation that the applicant may be 
expected to handle avacados in accordance with this part.
    (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 why the certificate of 
registration was not issued.
    (d) Any certificate of registration issued to a handler pursuant to 
this section may be canceled by the committee under circumstances which 
would have justified denial of his application.
    (e) The committee shall suspend the certificate of registration 
issued under this section of any handler who fails to pay assessments or 
furnish reports as required under this part, and so advise the handler 
in writing of the suspension and the effective date. The committee shall 
lift such suspension at such time as the handler pays such assessments 
and files such reports, and the committee determines that the handler 
may be expected to handle avacados in the future in accordance with this 
part.

[19 FR 5439, Aug. 26, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 49 FR 33203, Aug. 22, 1984]

[[Page 112]]



Sec. 915.140  Avocados not subject to regulation.

    (a) Minimum quantity. During any one day any handler may handle not 
to exceed 55 pounds total of avocados exempt from the provisions of 
Secs. 915.41, 915.51, and 915.54, and the regulations issued thereunder: 
Provided, That such exempted quantity shall not be included as part of a 
shipment exceeding 55 pounds.
    (b) Gift shipments. Any handler may, exempt from the provisions of 
Secs. 915.41, 915.51, and 915.54, and the regulations issued thereunder, 
handle avocados in individually addressed gift containers not exceeding 
20 pounds net weight for use by the addressee other than for resale.
    (c) Commercial processing into products. The term commercial 
processing into products, as used in Sec. 915.55(c), means the 
manufacture of any avocado product which is preserved by any recognized 
commercial process, including canning, freezing, dehydrating, drying, 
the addition of chemical substances, or by fermentation.
    (d) Avocados for seed. Any handler may ship avocados to be used for 
seed purposes exempt from the provisions of Secs. 915.41, 915.51, and 
915.54, and the regulations issued thereunder: Provided, That such 
handler shall make application to the committee for an exemption prior 
to the loading of each shipment and that the receiver of each such 
shipment shall certify, on a form provided by the committee, that such 
fruit was used for the intended purpose, and that the residue from the 
seed separation process will not be allowed to enter fresh channels of 
trade.

[23 FR 9126, Nov. 26, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 30 FR 10880, Aug. 21, 1965; 36 FR 1191, Jan. 26, 1971; 43 
FR 23557, May 31, 1978]



Sec. 915.141  Handling avocados for commercial processing into products.

    (a) No person shall handle any avocados for commercial processing 
into products unless prior to such handling such person notifies the 
Avocado Administrative Committee of the proposed handling and provides 
the committee with the name of the intended processor. If the intended 
processor's name is not on the Avocado Administrative Committee's 
current list of approved manufacturers of avocado products, as 
prescribed in paragraph (b) of this section, or if on the list is 
suspended, such person shall furnish the committee, prior to each such 
handling, with a statement executed by the intended processor that the 
avocados will be used for the stated purpose only.
    (b) Any person who desires to have his name placed on the Avocado 
Administrative Committee's list of approved manufacturers of avocado 
products shall, prior to such listing, submit to the Avocado 
Administrative Committee an application containing the following 
information: (1) Name and address of applicant; (2) location of the 
facilities for commercial processing into products; (3) proposed type of 
avocado product or products to be manufactured from avocados and the 
proposed commercial process of preservation; (4) description of 
facilities for commercial processing into products; (5) quantity of 
avocados used in commercial processing into products during the previous 
fiscal year and estimate of the quantity of avocados to be similarly 
processed during the current fiscal year; (6) expected source of 
avocados for commercial processing into products; (7) method of 
transporting avocados and unloading point; (8) Avocado Administrative 
Committee handler certificate of registration number, if any; (9) a 
statement that the avocados obtained for commercial processing into 
products will be used for that purpose only and will not be resold or 
disposed of in fresh fruit channels; and (10) an agreement to submit 
such reports as are required by the Avocado Administrative Committee 
with approval of the Secretary.
    (c) Upon receipt of an application for such listing, the Avocado 
Administrative Committee shall make such investigation as it deems 
appropriate, and if it appears that the applicant may reasonably be 
expected to use avocados covered by the application in accordance with, 
and to comply with, the requirements of paragraph (b) of this section, 
it shall place the person's name on Avocado Administrative Committee's 
current list of approved manufacturers of avocado products.

[[Page 113]]

    (d) If it is determined by the committee from the available 
information that the applicant is not entitled to such listing he shall 
be so informed by written notice stating why his application was denied.
    (e) Any such listing pursuant to paragraphs (b) and (c) of this 
section may be canceled by the committee under circumstances which would 
have justified denial of this application.
    (f) The committee shall suspend the listing of any approved 
manufacturer who fails to submit reports as prescribed pursuant to the 
provisions of paragraph (b) of this section. The committee shall advise 
such manufacturer in writing of the pending suspension and shall specify 
the time such suspension is to become effective. Upon determination by 
the committee that the manufacturer has satisfied by such effective time 
the requirements with respect to the submission of reports the committee 
shall not make such suspension effective. However, if the suspension is 
in effect, the committee shall terminate such suspension at such time as 
it determines that the manufacturer has satisfied the requirements with 
respect to the submission of reports.

[36 FR 1191, Jan. 26, 1971]



Sec. 915.142  Reserve fund.

    (a) The establishment of a reserve fund at an amount not to exceed 
approximately 3 fiscal years' operational expenses is appropriate and 
necessary to the maintenance and functioning of the Avocado 
Administrative Committee. Such reserve, including funds carried forward 
from prior fiscal years, shall be used to provide for the maintenance 
and functioning of the committee in accordance with the provisions of 
the marketing agreement, as amended, and this part.
    (b) Terms used in this section shall have the same meaning as when 
used in said marketing agreement and order.

[43 FR 39323, Sept. 5, 1978. Redesignated at 45 FR 47653, July 16, 1980]



Sec. 915.150  Reports.

    (a) Each handler shall file with the Avocado Administrative 
Committee, on a weekly basis, a report of all avocados received by him. 
Such report shall be on forms prescribed by the committee and shall 
include: (1) The name and address of the handler; (2) weekly period 
covered by the report; (3) district in which the avocados were received; 
and (4) the quantity of each variety of avocados received. Each such 
report shall be filed with the committee not later than one week after 
the close of business of the last day of the period covered by the 
report.
    (b) Each handler registered with the Avocado Administrative 
Committee shall render a report to the committee of the disposition of 
each lot of noncertified avocados removed from the premises of his 
handling facilities during each week in which any avocados are handled 
subject to the provisions of Secs. 915.41, 915.51, and 915.54, or 
exemptions therefrom pursuant to Sec. 915.53. Such report shall be on 
forms prescribed by the committee and shall include: (1) The quantity; 
(2) purpose for which removed; (3) date of removal; and (4) the name of 
the person or firm to which the avocados were delivered or consigned. 
Each such report shall be signed by the handler or his authorized 
representative, shall cover the period Sunday through Saturday, and 
shall be placed in the mail not later than one week after the close of 
business of the Saturday ending the period covered by the report.
    (c) Each handler shall render a report to the Avocado Administrative 
Committee of each lot of noncertified avocados received from a district 
other than that in which his handling facilities are located. Such 
report shall be on forms prescribed by the committee and shall include: 
(1) The name of the handler; (2) the quantity of avocados received; (3) 
date received; (4) name and address of the person from whom the avocados 
were purchased; (5) the district from which the avocados were 
transferred; and (6) the district to which the avocados were 
transferred. Each such report shall cover the period Sunday through 
Saturday and shall be placed in the mail not later than one week after 
the close of business of the Saturday ending the period covered by the 
report.

[[Page 114]]

    (d) Each handler shall, at the end of the day's operation, report to 
the committee the number of containers of avocados sold and delivered in 
the State of Florida in the following containers: (1) \1/4\ Bushel, (2) 
\1/2\ Bushel, and (3) \4/5\ Bushel. Upon request by the committee, such 
reports shall be confirmed in writing on a weekly basis on a form 
prescribed by the committee.

[21 FR 6695, Sept. 6, 1956, as amended at 21 FR 7368, Sept. 27, 1956. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 53 FR 1743, 
Jan. 22, 1988]

    Effective Date Note: At 61 FR 17552, Apr. 22, 1996, in Sec. 915.150, 
paragraph (d) was suspended indefinitely.



Sec. 915.155  Delinquent assessments.

    Each handler shall pay interest of one percent per month on any 
unpaid assessment balance beginning 30 days after date of billing. Such 
interest charge is to apply to any unpaid assessments which become due 
the Avocado Administrative Committee after the effective date of this 
section.

[40 FR 50024, Oct. 28, 1975]



Sec. 915.160  Public member eligibility requirements and nomination procedures.

    (a) Public member and alternate member candidates shall not 
represent an agricultural interest, and shall not have a financial 
interest in, or be associated with the production, processing, 
financing, or marketing of avocados.
    (b) Public member and alternate member candidates should be able to 
devote sufficient time to attend committee activities regularly and to 
familiarize themselves with the background and economics of the avocado 
industry.
    (c) The public member and alternate member shall be a resident of 
the production area.
    (d) The public member and alternate member should be nominated by 
the Avocado Administrative Committee, and shall serve a one-year term 
which coincides with the term of the producer and handler members of the 
committee.

[44 FR 9370, Feb. 13, 1979]
    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 .310 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'', which appears in the Finding 
Aids section of the printed volume and on GPO Access.



                            Assessment Rates



Sec. 915.235  Assessment rate.

    On and after April 1, 2002, an assessment rate of $0.20 per 55-pound 
container or equivalent is established for avocados grown in South 
Florida.

[67 FR 31717, May 10, 2002]



                 Subpart--Container and Pack Regulations



Sec. 915.305  Florida Avocado Container Regulation 5.

    (a) No handler shall handle any avocados for the fresh market from 
the production area to any point outside thereof in containers having a 
capacity of more than 4 pounds of avocados unless the containers meet 
the requirements specified in this section: Provided, That the 
containers authorized in this section shall not be used for handling 
avocados for commercial processing into products pursuant to 
Sec. 915.55(c). All avocados shall be packed in containers of 33, 31, 
24, 12, and 8.5 pounds designated net weights and shall conform to all 
other applicable requirements of this section:
    (1) Containers shall not contain less than 33 pounds net weight of 
avocados, except that for avocados of unnamed varieties, which are 
avocados that have not been given varietal names, and for Booth 1, 
Fuchs, and Trapp varieties, such weight shall be not less than 31 
pounds. Not more than 10 percent, by count, of the individual containers 
in any lot may fail to meet the applicable specified weight. No 
container in any lot may contain a net weight of avocados exceeding 2 
pounds less than the specified net weight; or
    (2) Containers shall not contain less than 24 pounds net weight of 
avocados: Provided, That not to exceed 5 percent, by count, of such 
containers in any lot

[[Page 115]]

may fail to meet such weight requirement. All avocados packed at this 
designated net weight shall be placed in two layers and the net weight 
of all avocados in any such container shall not be less than 24 pounds: 
Provided, That the requirement as to placing avocados in two layers only 
shall not apply to such container if each of the avocados therein weighs 
14 ounces or less; or
    (3) Containers shall not contain less than 12 pounds net weight of 
avocados: Provided, That not to exceed 5 percent, by count, of such 
containers in any lot may fail to meet such weight requirement. All 
avocados packed at this designated net weight shall be placed in one 
layer only and the net weight of all avocados in any such container 
shall not be less than 12 pounds; or
    (4) Containers shall not contain less than 8.5 pounds net weight of 
avocados: Provided, That not to exceed 5 percent, by count, of such 
containers in any lot may fail to meet such weight requirement. All 
avocados packed at this designated net weight shall be placed in one 
layer only and the net weight of all avocados in any such container 
shall not be less than 8.5 pounds. Such containers shall be for export 
shipments only.
    (5) Such other types and sizes of containers as may be approved by 
the Avocado Administrative Committee, with the approval of the 
Secretary, for testing in connection with a research project conducted 
by or in cooperation with said committee: Provided, That the handling of 
each lot of avocados in such test containers shall be subject to prior 
approval, and under the supervision of, the Avocado Administrative 
Committee.
    (b) The limitations set forth in paragraph (a) of this section shall 
not apply to master containers for individual packages of avocados: 
Provided, That the markings or labels, if any, on the individual 
packages within such master containers do not conflict with the markings 
or labels on the master container.

[63 FR 37480, July 13, 1998, as amended at 64 FR 69383, Dec. 13, 1999; 
65 FR 15205, Mar. 22, 2000]



Sec. 915.306  Florida avocado grade, pack, and container marking regulation.

    (a) No handler shall handle any variety of avocados grown in the 
production area unless:
    (1) Such avocados grade at least U.S. No. 2, except that avocados 
handled to destinations within the production area may be placed in 
containers with avocados of dissimilar varietal characteristics: 
Provided, That during the period November 2, 1992, through March 31, 
1993, avocados may be handled to destinations within the production area 
in containers other than those authorized under Sec. 915.305 affected by 
serious damage, but not very serious damage, caused by Cercospora Spot.
    (2) Such avocados are in containers authorized under Sec. 915.305, 
when handled to points outside the production area.
    (3) Such avocados are packed in accordance with standard pack, when 
handled in containers authorized under Sec. 915.305.
    (4) Such avocados are in containers marked with a Federal-State 
Inspection Service lot stamp number, when handled in containers 
authorized under Sec. 915.305: Provided, That when inspection occurs 
after palletization, only all exposed or outside containers of avocados 
must be plainly marked with the lot stamp number corresponding to the 
lot inspection conducted by an authorized inspector.
    (5) Such avocados are in containers marked with a Federal-State 
Inspection Service (FSIS) lot stamp number applied to an adhesive tape 
seal affixed to the container in a manner to prevent the container from 
being opened and/or the fruit being removed without breaking the seal, 
when handled in containers other than those authorized under 
Sec. 915.305. The stamp and tape shall be affixed to the container by 
the FSIS or by the handler under the supervision of the FSIS. Only 
stamps and tape which have been approved by the Fresh Products Branch, 
Fruit and Vegetable Division, Agricultural Marketing Service, U.S. 
Department of Agriculture, may be used for purposes of stamping and 
sealing containers to meet these requirements.
    (6) Such avocados when handled in containers authorized under 
Sec. 915.305,

[[Page 116]]

except for those to export destinations, are marked once with the grade 
of fruit in letters and numbers at least one inch in height on the top 
or one side of the container, not to include the bottom, effective each 
fiscal year from the first Monday after July 15 until the first Monday 
after January 1.
    (7) Notwithstanding the provisions in this section, such avocados 
may be handled not subject to the grade requirements specified in 
paragraph (a)(1) of this section when they are shipped in containers 
other than those authorized under Sec. 915.305 to destinations within 
the production area.
    (b) The provisions of paragraphs (a)(2), (a)(3), (a)(4), (a)(5), and 
(a)(6) of this section shall not apply to individual packages of 
avocados weighing four pounds or less, net weight, in master containers.
    (c) Terms pertaining to grades and standard pack mean the same as 
those defined in the United States Standards for Florida Avocados (7 CFR 
51.3050 through 51.3069).

[50 FR 32553, Aug. 13, 1985, as amended at 56 FR 36080, July 31, 1991; 
57 FR 3716, Jan. 31, 1992; 57 FR 48931, Oct. 29, 1992; 60 FR 42770, Aug. 
17, 1995; 61 FR 31006, June 19, 1996; 63 FR 37480, July 13, 1998]



Sec. 915.332  Florida avocado maturity regulation.

    (a) No handler shall handle any variety of avocados, except Hass, 
Fuerte, Zutano, and Edranol, grown in the production area unless:
    (1) Any portion of the skin of the individual avocados has changed 
to the color normal for that fruit when mature for those varieties which 
normally change color to any shade of red or purple when mature, except 
for the Linda variety; or
    (2) Such avocados meet the minimum weight or diameter requirements 
for the Monday nearest each date specified, through the Sunday 
immediately prior to the nearest Monday of the specified date in the 
next column, for each variety listed in the following table I: Provided, 
that avocados may not be handled prior to the earliest date specified in 
column A of such table for the respective variety; Provided further, 
There are no restrictions on size or weight on or after the date 
specified in column D; Provided further, That up to a total of 10 
percent, by count to the individual fruit in each lot may weigh less 
than the minimum specified or be less than the specified diameter, 
except that no such avocados shall be over 2 ounces lighter than the 
minimum weight specified for the variety: Provided further, That up to 
double such tolerance shall be permitted for fruit in an individual 
container in a lot.

                                                                         Table I
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Min.     Min.               Min.     Min.               Min.     Min.
                         Variety                            A date     wt.     diam.    B date     wt.     diam.    C date     wt.     diam.     D date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dr. Dupuis 2....................................      5-30      16   3\7/16\      6-13      14   3\5/16\      7-04      12   3\2/16\       7-18
Simmons..................................................      6-20      16   3\9/16\      7-04      14   3\7/16\      7-18      12   3\1/16\       8-01
Pollock..................................................      6-20      18  3\11/16\      7-04      16   3\7/16\      7-18      14   3\4/16\       8-01
Hardee...................................................      6-27      16   3\2/16\      7-04      14  2\14/16\      7-11      12  ........       7-25
Nadir....................................................      6-27      14   3\3/16\      7-04      12   3\1/16\      7-11      10  2\14/16\       7-18
Ruehle...................................................      7-04      18  3\11/16\      7-11      16   3\9/16\      8-01      12   3\5/16\       8-15
                                                                                           7-18      14   3\7/16\      8-08      10   3\3/16\
Bernecker................................................      7-18      18   3\6/16\      8-01      16   3\5/16\      8-15      14   3\4/16\       8-29
Miguel (P)...............................................      7-18      22  3\13/16\      8-01      20  3\12/16\      8-15      18  3\10/16\       8-29
Nesbitt..................................................      7-18      22  3\12/16\      8-01      16   3\5/16\      8-08      14   3\3/16\       8-22
Tonnage..................................................      8-01      16   3\6/16\      8-15      14   3\4/16\      8-22      12   3\0/16\       8-29
Waldin...................................................      8-01      16   3\9/16\      8-15      14   3\7/16\      8-29      12   3\4/16\       9-12
Tower II.................................................      8-01      14   3\6/16\      8-15      12   3\4/16\      8-29      10   3\2/16\       9-05
Beta.....................................................      8-08      18   3\8/16\      8-15      16   3\5/16\      8-29      14   3\3/16\       9-05
Lisa (P).................................................      8-08      12   3\2/16\      8-15      11         3  ........  ......  ........       8-22
Black Prince.............................................      8-15      28   4\1/16\      8-29      23  3\14/16\      9-12      16   3\9/16\      10-03
Loretta..................................................      8-22      30   4\3/16\      9-05      26  3\15/16\      9-19      22  3\12/16\       9-26
Booth 8..................................................      8-29      16   3\9/16\      9-12      14   3\6/16\      9-26      12   3\3/16\      10-24
                                                                                                                      10-10      10   3\1/16\
Booth 7..................................................      8-29      18  3\13/16\      9-12      16  3\10/16\      9-26      14   3\8/16\      10-10
Booth 5..................................................      9-05      14   3\9/16\      9-19      12   3\6/16\  ........  ......  ........      10-03
Choquette................................................      9-26      28   4\4/16\     10-17      24   4\1/16\     10-31      20  3\14/16\      11-14
Hall.....................................................      9-26      26  3\14/16\     10-10      20   3\9/16\     10-24      18   3\8/16\      11-07

[[Page 117]]

 
Lula.....................................................     10-03      18  3\11/16\     10-10      14   3\6/16\     10-31      12   3\3/16\      11-14
Monroe...................................................     11-07      26   4\3/16\     11-21      24   4\1/16\     12-05      20  3\14/16\       1-02
                                                                                                                      12-19      16   3\9/16\
Arue.....................................................      5-16      16  ........      5-30      14   3\3/16\      6-20      12  ........       7-04
Donnie...................................................      5-23      16   3\5/16\      6-06      14   3\4/16\      6-20      12  ........       7-04
Fuchs....................................................      6-06      14   3\3/16\      6-20      12   3\0/16\  ........  ......  ........       7-04
K-5......................................................      6-13      18   3\5/16\      6-27      14   3\3/16\  ........  ......  ........       7-11
West Indian Seedling\1\..................................      6-20      18  ........      7-18      16  ........      8-22      14  ........       9-19
Gorham...................................................      7-04      29   4\5/16\      7-18      27   4\3/16\  ........  ......  ........       8-15
Biondo...................................................      7-11      13  ........  ........  ......  ........  ........  ......  ........       8-15
Petersen.................................................      7-11      14   3\8/16\      7-18      12   3\5/16\      7-25      10   3\2/16\       8-08
232......................................................      7-18      14  ........      8-01      12  ........  ........  ......  ........       8-15
Pinelli..................................................      7-18      18  3\12/16\      8-01      16  3\10/16\  ........  ......  ........       8-15
Trapp....................................................      7-18      14  3\10/16\      8-01      12   3\7/16\  ........  ......  ........       8-15
K-9......................................................      8-01      16  ........  ........  ......  ........  ........  ......  ........       8-22
Christina................................................      8-01      11  2\14/16\  ........  ......  ........  ........  ......  ........       8-22
Catalina.................................................      8-15      24  ........      8-29      22  ........  ........  ......  ........       9-19
Blair....................................................      8-29      16   3\8/16\      9-12      14   3\5/16\  ........  ......  ........      10-03
Guatemalan Seedling \2\..................................      9-05      15  ........     10-03      13  ........  ........  ......  ........      12-05
Marcus...................................................      9-05      32  4\12/16\      9/19      24   4\5/16\  ........  ......  ........      10-31
Brooks 1978..............................................      9-05      12   3\4/16\      9-12      10   3\1/16\      9-19       8  2\14/16\      10-10
Rue......................................................      9-12      30   4\3/16\      9-19      24  3\15/16\     10-03      18   3\9/16\      10-17
Collinson................................................      9-12      16  3\10/16\  ........  ......  ........  ........  ......  ........      10-10
Hickson..................................................      9-12      12   3\1/16\      9-26      10   3\0/16\  ........  ......  ........      10-10
Simpson..................................................      9-19      16   3\9/16\  ........  ......  ........  ........  ......  ........      10-10
Chica....................................................      9-19      12   3\7/16\     10-03      10   3\4/16\  ........  ......  ........      10-17
Leona....................................................      9-26      18  3\10/16\     10-03      16  ........  ........  ......  ........      10-10
Melendez.................................................      9-26      26  3\14/16\     10-10      22  3\11/16\     10-24      18   3\7/16\      11-07
Herman...................................................     10-03      16   3\9/16\     10-17      14   3\6/16\  ........  ......  ........      10-31
Pinkerton (CP)...........................................     10-03      13   3\3/16\     10-17      11   3\0/16\     10-31       9  ........      11-14
Taylor...................................................     10-10      14   3\5/16\     10-24      12   3\2/16\  ........  ......  ........      11-07
Ajax (B-7)...............................................     10-10      18  3\14/16\  ........  ......  ........  ........  ......  ........      10-31
Booth 3..................................................     10-10      16   3\8/16\     10-17      14   3\6/16\  ........  ......  ........      10-31
Semil 34.................................................     10-17      18  3\10/16\     10-31      16   3\8/16\     11-14      14   3\5/16\      11-28
Semil 43.................................................     10-24      18  3\10/16\      11-7      16   3\8/16\     11-21      14   3\5/16\      12-05
Booth 1..................................................     11-14      16  3\12/16\     11-28      12   3\6/16\  ........  ......  ........      12-12
Zio (P)..................................................     11-14      12   3\1/16\     11-28      10  2\14/16\  ........  ......  ........      12-12
Gossman..................................................     11-28      11   3\1/16\  ........  ......  ........  ........  ......  ........      12-26
Brookslate...............................................     12-05      18  3\13/16\     12-12      16  3\10/16\      1-02      12   3\5/16\       1-30
                                                                                          12-19      14   3\8/16\      1-16      10
Meya (P).................................................     12-12      13   3\2/16\     12-26      11   3\0/16\  ........  ......  ........       1-89
Reed (CP)................................................     12-12      12   3\4/16\     12-26      10   3\3/16\      1-09       9   3\0/16\       1-23
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Avocados of the West Indian type varieties and seedlings not listed elsewhere in table I.
\2\ Avocados of the Guatemalan type varieties and seedlings, hybrid varieties and seedlings, and unidentified seedlings not listed elsewhere in table I.

    (b) The term diameter means the greatest dimension measured at a 
right angle to a straight line from the stem to the blossom end of the 
fruit.

[59 FR 30869, June 16, 1994, as amended at 64 FR 53185, Oct. 1, 1999]



PART 916--NECTARINES GROWN IN CALIFORNIA--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
916.1  Secretary.
916.2  Act.
916.3  Person.
916.4  Production area.
916.5  Nectarines.
916.6  Varieties.
916.7  Fiscal period.
916.8  Committee.
916.9  Grower.
916.10  Handler.
916.11  Handle.
916.12  District.
916.13  Pack.
916.14  Container.
916.15  Marketing season.

                           Administrative Body

916.20  Establishment and membership.
916.21  Term of office.
916.22  Nomination.
916.23  Selection.
916.24  Failure to nominate.
916.25  Acceptance.
916.26  Vacancies.

[[Page 118]]

916.27  Alternate members.
916.30  Powers.
916.31  Duties.
916.32  Procedure.
916.33  Expenses and compensation.
916.34  Annual report.
916.37  Shippers' Advisory Committee.

                        Expenses and Assessments

916.40  Expenses.
916.41  Assessments.
916.42  Accounting.

                                Research

916.45  Marketing research and development.

                               Regulations

916.50  Marketing policy.
916.51  Recommendations for regulation.
916.52  Issuance of regulations.
916.53  Modification, suspension, or termination of regulations.
916.54  Special purpose shipments.
916.55  Inspection and certification.

                                 Reports

916.60  Reports.

                        Miscellaneous Provisions

916.61  Compliance.
916.62  Right of the Secretary.
916.63  Effective time.
916.64  Termination.
916.65  Proceedings after termination.
916.66  Effect of termination or amendment.
916.67  Duration of immunities.
916.68  Agents.
916.69  Derogation.
916.70  Personal liability.
916.71  Separability.

                     Subpart--Rules and Regulations

916.102  Procedure for nominating members and alternate members for the 
          Nectarine Administrative Committee and the Shippers' Advisory 
          Committee.
916.105  Redefinition of certain districts.
916.107  Changes in the representation of certain districts.
916.110  Exemptions.
916.115  Lot stamping.
916.160  Reporting procedure.

                        Subpart--Assessment Rates

916.234  Assessment rate.

                 Subpart--Container and Pack Regulation

916.350  California Nectarine Container and Pack Regulation.

                   Subpart--Grade and Size Regulation

916.356  California Nectarine Grade and Size Regulation.

    Authority: 7 U.S.C. 601-674.



                   Subpart--Order Regulating Handling

    Source: 23 FR 4616, June 25, 1958, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.

                               Definitions



Sec. 916.1  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.



Sec. 916.2  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 (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 
Stat. 906, 1047).



Sec. 916.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 916.4  Production area.

    Production area means the State of California.



Sec. 916.5  Nectarines.

    Nectarines means all varieties of Prunus Amygdalus Nectarina, 
commonly called nectarines, grown in the production area.



Sec. 916.6  Varieties.

    Varieties means and includes all classifications or subdivisions of 
nectarines.



Sec. 916.7  Fiscal period.

    Fiscal period is synonymous with fiscal year and means the 12-month 
period beginning on March 1 of one year and ending on the last day of 
February of the following year or such other period as the committee, 
with the approval of the Secretary, may prescribe.

[[Page 119]]



Sec. 916.8  Committee.

    Committee means the Nectarine Administrative Committee established 
pursuant to Sec. 916.20.



Sec. 916.9  Grower.

    Grower is synonymous with producer and means any person who produces 
nectarines for the fresh market and who has a proprietary interest 
therein.



Sec. 916.10  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting nectarines owned by another 
person) who handles nectarines.



Sec. 916.11  Handle.

    Handle and ship are synonymous and mean to sell, consign, deliver, 
or transport nectarines, or to cause nectarines to be sold, consigned, 
delivered, or transported, between the production area and any point 
outside thereof, or within the production area: Provided, That the term 
handle shall not include the sale of nectarines on the tree, the 
transportation within the production area of nectarines from the orchard 
where grown to a packing facility located within such area for 
preparation for market, or the delivery of such nectarines to such 
packing facility for such preparation.



Sec. 916.12  District.

    District means the applicable one of the following described 
subdivisions of the production area or such other subdivision as may be 
prescribed pursuant to Sec. 916.31:
    (a) District 1 shall include the counties of Madera, Fresno, and 
Kings and that portion of Tulare County north of the 4th Standard 
Parallel south of the Mount Diablo Base Line of the General Land Office.
    (b) District 2 shall include that portion of Tulare County not 
included in District 1.
    (c) District 3 shall include all of the production area lying south 
of the northern boundaries of the counties of San Luis Obispo, Kern, and 
San Bernardino.
    (d) District 4 shall include the counties of Merced, Stanislaus, and 
the balance of the production area.

[31 FR 8176, June 10, 1966]



Sec. 916.13  Pack.

    Pack means the specific arrangement, size, weight, count, or grade 
of a quantity of nectarines in a particular type and size of container, 
or any combination thereof.



Sec. 916.14  Container.

    Container means a box, bag, crate, lug, basket, carton, package, or 
any other type of receptacle used in the packaging or handling of 
nectarines.



Sec. 916.15  Marketing season.

    Marketing season means the period beginning on May 1 and ending on 
November 30 of any year.

                           Administrative Body



Sec. 916.20  Establishment and membership.

    There is hereby established a Nectarine Administrative Committee 
consisting of eight members, each of whom shall have an alternate who 
shall have the same qualifications as the member for whom he is an 
alternate. The members and their alternates shall be growers or 
employees of growers. Five of the members and their respective 
alternates shall be producers of nectarines in District 1. One member 
and his alternate shall be producers of nectarines in District 2; one of 
the members and his alternate shall be producers of nectarines in 
District 3; and one member and his alternate shall be producers of 
nectarines in District 4.

[31 FR 8176, June 10, 1966]



Sec. 916.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall be for 2 years beginning on March 1 of an odd numbered 
year and ending on the last day of February of an odd numbered year. 
Members and alternate members shall serve in such capacities for the 
portion of the term of office for which they are selected

[[Page 120]]

and have qualified and until their respective successors are selected 
and have qualified.

[36 FR 9290, May 22, 1971]



Sec. 916.22  Nomination.

    (a) Initial members. Nominations for each of the initial members, 
together with nominations for the initial alternate members for each 
position, may be submitted to the Secretary by the committee responsible 
for promulgation of this part. Such nominations may be made by means of 
group meetings of the growers concerned in each district. Such 
nominations, if made, shall be filed with the Secretary no later than 
the effective date of this part. In the event nominations for initial 
members and alternate members of the committee are not filed pursuant 
to, and within the time specified in, this section, the Secretary may 
select such initial members and alternate members without regard to 
nominations, but selections shall be on the basis of the representation 
provided in Sec. 916.20.
    (b) Successor members. (1) The committee shall hold or cause to be 
held, not later than February 15 of each odd numbered year, a meeting or 
meetings of growers in each district for the purpose of designating 
nominees for successor members and alternate members of the committee. 
These meetings shall be supervised by the committee which shall 
prescribe such procedure as shall be reasonable and fair to all persons 
concerned.
    (2) Only growers who are present at such nomination meetings, or 
represented at such meetings by duly authorized employees, may 
participate in the nomination and election of nominees for members and 
their alternates.
    (3) A particular grower, including employees of such grower, shall 
be eligible for membership as principal or alternate to fill only one 
position on the committee.

[23 FR 4616, June 25, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 31 FR 8176, June 10, 1966; 36 FR 9290, May 22, 1971]



Sec. 916.23  Selection.

    From the nominations made pursuant to Sec. 916.22, or from other 
qualified persons, the Secretary shall select the eight members of the 
committee and an alternate for each such member.



Sec. 916.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 916.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of the representation provided for in Sec. 916.20.



Sec. 916.25  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 promptly after being notified of such selection.



Sec. 916.26  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 
member or alternate member of the committee, a successor for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected in the manner specified in Secs. 916.22 and 
916.23. If the names of nominees to fill any such vacancy are not made 
available to the Secretary within a reasonable time after such vacancy 
occurs, the Secretary may fill such vacancy without regard to 
nominations, which selection shall be made on the basis of 
representation provided for in Sec. 916.20.



Sec. 916.27  Alternate members.

    An alternate member of the committee, during the absence of the 
member for whom he is an alternate, shall act in the place and stead of 
such member and perform such 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. In the event both a member of the committee 
and his alternate are unable to attend a committee meeting, the member 
or the committee members present may designate any other alternate to 
serve

[[Page 121]]

in such member's place and stead provided such action is necessary to 
secure a quorum.

[23 FR 4616, June 25, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 31 FR 8176, June 10, 1966]



Sec. 916.30  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 916.31  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine compensation and to define the duties 
of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal period a budget for such fiscal period, 
including a report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such period;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a competent public 
accountant at least once each fiscal year and at such times as the 
Secretary may request;
    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate and assemble data on the growing, handling, and 
marketing conditions with respect to nectarines;
    (i) To submit to the Secretary the same notice of meetings of the 
committee as is given to its members;
    (j) To submit to the Secretary such available information as he may 
request;
    (k) To investigate compliance with the Provisions of this part;
    (l) 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 any such 
changes shall reflect, insofar as practicable, shifts in nectarine 
production within the districts and the production area.



Sec. 916.32  Procedure.

    (a) Six members of the committee, or alternates acting for members, 
shall constitute a quorum and any action of the committee shall require 
the concurring vote of the majority of those present: Provided, That 
actions of the committee with respect to expenses and assessments, or 
recommendations for regulations pursuant to Secs. 916.50 to 916.55, 
shall require at least six concurring votes.
    (b) The committee may vote by telephone, telegraph, or other means 
of communication, and any votes so cast shall be confirmed promptly in 
writing: Provided, That if an assembled meeting is held, all votes shall 
be cast in person.

[23 FR 4616, June 25, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 31 FR 8176, June 10, 1966]



Sec. 916.33  Expenses and compensation.

    The members of the committee, and alternates when acting as members, 
shall serve without compensation but shall be reimbursed for expenses 
necessarily incurred by them 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.

[31 FR 8177, June 10, 1966]

[[Page 122]]



Sec. 916.34  Annual report.

    The committee shall, as soon as is practicable after the close of 
each marketing season, prepare and mail an annual report to the 
Secretary and make a copy available to each grower and handler who 
requests a copy of the report.



Sec. 916.37  Shippers' Advisory Committee.

    (a) A Shippers' Advisory Committee, consisting of five members and 
their respective alternates who shall be handlers, or employees of 
handlers, selected by the handlers in accordance with the provisions of 
this section, is hereby established. The members and their respective 
alternates shall be selected biennially for a term ending on the last 
day of February of odd numbered years. An alternate member shall, in the 
event of the member's absence from a meeting of the committee, act in 
the place and stead of such member, and, in the event of a vacancy in 
the office of such member, shall act in the place and stead of such 
member until a successor for the unexpired term of such member has been 
selected.
    (b) The members and alternate members of the Shippers' Advisory 
Committee shall be elected by handlers at a general meeting of all 
handlers and shall serve in such capacities during the marketing seasons 
subsequent to such election. Such meeting shall be supervised by the 
Nectarine Administrative Committee which may prescribe such rules and 
procedures as may be necessary to assure a membership representative of 
all shippers.
    (c) The Shippers' Advisory Committee may attend each meeting of the 
Nectarine Administrative Committee held to consider recommendations with 
respect to regulations of shipments pursuant to the provisions of this 
subpart. The Shippers' Advisory Committee may advise the committee on 
matters relating to such recommendations, but shall have no vote with 
such committee in any matter. Members of the Shippers' Advisory 
Committee shall serve without compensation but may be reimbursed for 
expenses necessarily incurred in attendance of meetings of the Nectarine 
Administrative Committee.

[23 FR 4616, June 25, 1958. Redesignated at 26 FR 12751, Dec. 30 1961, 
and amended at 36 FR 9290, May 22, 1971]

                        Expenses and Assessments



Sec. 916.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds 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 Sec. 916.41.



Sec. 916.41  Assessments.

    (a) As his pro rata share of the expenses which the Secretary finds 
are reasonable and likely to be incurred by the committee during a 
fiscal period, each person who first handles nectarines during such 
period shall pay to the committee, upon demand, assessments on all 
nectarines so handled. 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.
    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person during a fiscal period in an amount designed to secure 
sufficient funds to cover the expenses which may be incurred during such 
period and to accumulate and maintain a reserve fund equal to 
approximately one fiscal period's expenses. At any time during or after 
the fiscal period, 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 which may be incurred. Such increase 
shall be applied to all nectarines handled during the applicable fiscal 
period. In order to provide funds for the administration of the 
provisions of this part during the first part of a fiscal period before 
sufficient operating income is available from assessments on the current 
year's shipments, the committee

[[Page 123]]

may accept the payment of assessments in advance, and may also borrow 
money for such purposes.



Sec. 916.42  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: Provided, That any sum paid 
by a person 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 
person.
    (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 equal approximately one 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 year 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: Provided, That 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.

                                Research



Sec. 916.45  Marketing 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 
nectarines. Such projects may provide for any form of marketing 
promotion including paid advertising. The expense of such projects shall 
be paid by funds collected pursuant to Sec. 916.41.

[36 FR 9290, May 22, 1971]

                               Regulations



Sec. 916.50  Marketing policy.

    (a) Each season prior to making any recommendations pursuant to 
Sec. 916.51, the committee shall submit to the Secretary a report 
setting forth its marketing policy for the ensuing marketing season. 
Such marketing policy report shall contain information relative to:
    (1) The estimated total production of nectarines within the 
production area;
    (2) The expected general quality and size of nectarines in the 
production area and in other areas;
    (3) The expected demand conditions for nectarines in different 
market outlets;
    (4) The expected shipments of nectarines produced in the production 
area and in areas outside the production area;
    (5) Supplies of competing commodities;
    (6) Trend and level of consumer income;
    (7) Other factors having a bearing on the marketing of nectarines; 
and

[[Page 124]]

    (8) The type of regulations expected to be recommended during the 
marketing season.
    (b) [Reserved]



Sec. 916.51  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of any variety or varieties of nectarines in the manner 
provided in Sec. 916.52, it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the committee shall give consideration to 
current information with respect to the factors affecting the supply and 
demand for nectarines during the period or periods when it is proposed 
that such regulations should be made effective. With each such 
recommendation for regulation, the committee shall submit to the 
Secretary the data and information on which such recommendation is 
predicated and such other available information as the Secretary may 
request.



Sec. 916.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of nectarines whenever he finds, from the 
recommendations and information submitted by the committee, or from 
other available information, that such regulations will tend to 
effectuate the declared policy of the act. Such regulations may:
    (1) Limit, during any period or periods, the shipment of any 
particular grade, size, quality, maturity, or pack, or any combination 
thereof, of any variety or varieties of nectarines grown in the 
production area;
    (2) Limit the shipment of nectarines by establishing, in terms of 
grades, sizes, or both, minimum standards of quality and maturity during 
any period when season average prices are expected to exceed the parity 
level;
    (3) Fix the size, capacity, weight, dimensions, markings, or pack of 
the container, or containers, which may be used in the packaging or 
handling of nectarines.
    (b) The committee shall be informed immediately of any such 
regulation issued by the Secretary and the committee shall promptly give 
notice thereof to handlers.



Sec. 916.53  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 916.52 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds from the recommendations and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of nectarines in order 
to effectuate the declared policy of the act, he shall modify, suspend, 
or terminate such regulation. If the Secretary finds that a regulation 
obstructs or does not tend to effectuate the declared policy of the act, 
he shall suspend or terminate such regulation. On the same basis and in 
like manner the Secretary may terminate any such modification or 
suspension.



Sec. 916.54  Special purpose shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 916.41, 916.52, 916.53, and 
916.55, and the regulations issued thereunder, handle nectarines (1) for 
consumption by charitable institutions; (2) for distribution by relief 
agencies; or (3) for commercial processing into products.
    (b) Upon the basis of recommendations and information submitted by 
the committee, or from other available information, the Secretary may 
relieve from any or all requirements, under or established pursuant to 
Secs. 916.41, 916.52, 916.53, or 916.55, the handling of nectarines (1) 
to designated market areas within the State of California; or (2) for 
such specified purposes (including shipments to facilitate the conduct 
of marketing research and development projects established pursuant to 
Sec. 916.45), or in such minimum quantities or types of shipments, as 
may be prescribed.
    (c) The committee shall, with the approval of the Secretary, 
prescribe such rules, regulations, and safeguards as it

[[Page 125]]

may deem necessary to prevent nectarines handled under the provisions of 
this section from entering the channels of trade for other than the 
specific purposes authorized by this section. Such rules, regulations, 
and safeguards may include the requirements that handlers shall file 
applications and receive approval from the committee for authorization 
to handle nectarines pursuant to this section, and that such 
applications be accompanied by a certification by the intended purchaser 
or receiver that the nectarines will not be used for any purpose not 
authorized by this section.



Sec. 916.55  Inspection and certification.

    (a) Whenever the handling of any variety of nectarines is regulated 
pursuant to Sec. 916.52, or Sec. 916.53, each handler who handles 
nectarines shall, prior thereto, cause such nectarines to be inspected 
by the Federal or Federal-State Inspection Service and certified as 
meeting the applicable requirements of such regulation: Provided, That 
inspection and certification shall not be required for nectarines which 
previously have been so inspected and certified if such prior inspection 
was performed within such period as may be established pursuant to 
paragraph (b) of this section. Promptly after inspection and 
certification, each such handler shall submit, or cause to be submitted, 
to the committee a copy of the certificate of inspection issued with 
respect to such nectarines. The committee may, with the approval of the 
Secretary, prescribed rules and regulations waiving the inspection 
requirements of this section where it is determined that inspection is 
not available: Provided, That all shipments made under such waiver shall 
comply with all regulations in effect.
    (b) The committee may, with the approval of the Secretary, establish 
a period prior to shipment during which the inspection required by this 
section must be performed.
    (c) The committee may enter into an agreement with the Federal and 
Federal-State Inspection Services with respect to the costs of the 
inspection required by paragraph (a) of this section, and may collect 
from handlers their respective pro rata shares of such costs.

                                 Reports



Sec. 916.60  Reports.

    (a) Each handler shall furnish to the committee, at such times and 
for such periods as the committee may designate, certified reports 
covering, to the extent necessary for the committee to perform its 
functions, each shipment of nectarines as follows:
    (1) The name of the shipper and the shipping point;
    (2) The car or truck license number (or name of the trucker), and 
identification of the carrier;
    (3) The date and time of departure;
    (4) The number and type of containers in the shipment;
    (5) The quantities shipped, showing separately the variety, grade, 
and size of the fruit;
    (6) The destination;
    (7) Identification of the inspection certificate or waiver pursuant 
to which the fruit was handled.
    (b) 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 times as it may prescribe, such other information as may be 
necessary to enable the committee to perform its duties under this part.
    (c) Each handler shall maintain for at least two succeeding fiscal 
years, such records of the nectarines received and disposed of by him as 
may be necessary to verify the reports he submits to the committee 
pursuant to this section.
    (d) All reports and records submitted by handlers pursuant to the 
provisions of this section shall be received by, and at all times be in 
custody of, one or more designated employees of the committee. No such 
employee shall disclose to any person, other than the Secretary upon 
request therefor, data or information obtained or extracted from such 
reports and records which might affect the trade position, financial 
condition, or business operation of the particular handler from whom 
received: Provided, That such data and information may be combined, and 
made available to any person, in the form of general reports in which 
the identities of the individual handler furnishing the information is 
not disclosed and may

[[Page 126]]

be revealed to any extent necessary to effect compliance with the 
provisions of this part and the regulations issued thereunder.

                        Miscellaneous Provisions



Sec. 916.61  Compliance.

    Except as provided in this part, no person shall handle nectarines, 
the shipment of which has been prohibited by the Secretary in accordance 
with the provisions of this part; and no person shall handle nectarines 
except in conformity with the provisions of this part and the 
regulations issued under this part.



Sec. 916.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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 accordance therewith prior to such disapproval by 
the Secretary.



Sec. 916.63  Effective time.

    The provisions of this part, and of any amendment thereto, shall 
become effective at such time as the Secretary may declare above his 
signature and shall continue in force until terminated in one of the 
ways specified in Sec. 916.64.



Sec. 916.64  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 in which he may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part 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 part 
whenever he finds by referendum or otherwise that such termination is 
favored by a majority of the growers: Provided, That such majority has, 
during the current marketing season, produced more than 50 percent of 
the volume of the nectarines which were produced within the production 
area for shipment in fresh form. Such termination shall become effective 
on the first day of March subsequent to the announcement thereof by the 
Secretary.
    (d) The committee shall consider all petitions from growers 
submitted to it for termination of this part provided such petitions are 
received by the committee prior to October 1 of the then current fiscal 
period. Upon recommendation of the committee received not later than 
December 1 of the then current fiscal period, the Secretary shall 
conduct a referendum among the growers prior to February 15 of such 
fiscal period to ascertain whether continuance of this part is favored 
by producers.
    (e) The Secretary shall conduct a referendum within the period 
beginning December 1, 1974, and ending February 15, 1975, to ascertain 
whether continuance of this part is favored by the growers. The 
Secretary shall conduct such referendum within the same period of every 
fourth fiscal period thereafter.
    (f) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.

[23 FR 4616, June 25, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 31 FR 8177, June 10, 1966; 36 FR 9290, May 22, 1971]



Sec. 916.65  Proceedings after termination.

    (a) Upon the termination of the provisions of this part, the 
committee shall, for the purpose of liquidating the affairs of the 
committee, continue as trustee 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.
    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) from time to time account for all 
receipts and disbursements and deliver all property on hand, together 
with all books and records of

[[Page 127]]

the committee and of the trustees, to such persons as the Secretary may 
direct; and (3) 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.
    (c) 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 the trustees.



Sec. 916.66  Effect of termination or amendment.

    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 under this part, or (b) 
release or extinguish any violation of this part or of any regulation 
issued under this part, or (c) affect or impair any rights or remedies 
of the Secretary or of any other person with respect to any such 
violation.



Sec. 916.67  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.



Sec. 916.68  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 
United States Department of Agriculture, to act as his agent or 
representative in connection with any of the provisions of this part.



Sec. 916.69  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.



Sec. 916.70  Personal liability.

    No member or alternate 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, mistaken, 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.



Sec. 916.71  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.



                     Subpart--Rules and Regulations



Sec. 916.102  Procedure for nominating members and alternate members for the Nectarine Administrative Committee and the Shippers' Advisory Committee.

    (a) The manager of the Nectarine Administrative Committee shall 
arrange for, and publicize, meetings of growers and shippers for the 
purpose of nominating members and alternate members for the Nectarine 
Administrative Committee and the Shippers' Advisory Committee. One 
growers' nomination meeting shall be held in each district. The 
shippers' nomination meeting shall be held in the district which, during 
the preceding year, produced the most nectarines. So far as possible, 
these meetings shall be held jointly with nomination meetings scheduled 
by the Control Committee, established under Order No. 917, as amended (7 
CFR part 917), known as the California Tree Fruit Agreement. Each such 
meeting

[[Page 128]]

shall be attended by one or more employees of the Nectarine 
Administrative Committee. Members of the Agricultural Extension Service 
of the University of California may be authorized by the Manager to 
assist in publicizing such meetings.
    (b) Eligible voters assembled at nomination meetings may select a 
chairman and secretary, but in the event none of the aforesaid employees 
of the Nectarine Administrative Committee is selected as secretary, one 
such employee shall, nevertheless, record all nominations made.
    (c) The nominations at any meeting shall be conducted according to 
Robert's Rules of Order. Voting may be by secret ballot or by 
acclamation in accordance with the desire of the majority of the 
eligible voters attending the meeting.
    (d) No individual, whether representing a corporation or otherwise, 
may cast more than one vote for each nominee to be selected at the 
meeting where such individual is eligible to participate in the 
selection of nominees.

[25 FR 239, Jan. 13, 1960. Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 916.105  Redefinition of certain districts.

    The subdivisions of the production area are redefined and renumbered 
as follows:
    (a) District 1 shall include the counties of Madera, Fresno, and 
Kings and that portion of Tulare County north of the 4th Standard 
Parallel south of Mount Diablo Base Line of the General Land Office.
    (b) District 2 shall include that portion of Tulare County not 
included in District 1.
    (c) District 3 shall include all of the production area lying south 
of the northern boundaries of the counties of San Luis Obispo, Kern, and 
San Bernardino.
    (d) District 4 shall include the counties of Merced and Stanislaus 
and the balance of the production area.

[29 FR 3419, Mar. 17, 1964]



Sec. 916.107  Changes in the representation of certain districts.

    The representation or membership on the Nectarine Administrative 
Committee is changed to provide for:
    (a) Five (5) members and their respective alternates shall be 
producers of nectarines in District 1;
    (b) One (1) member and his alternate shall be producers of 
nectarines in District 2;
    (c) One (1) member and his alternate shall be producers of 
nectarines in District 3;
    (d) One (1) member and his alternate shall be producers of 
nectarines in District 4.

[29 FR 3419, Mar. 17, 1964]



Sec. 916.110  Exemptions.

    (a) Waivers. A handler may handle nectarines without inspection and 
certification, as prescribed under Sec. 916.55, if all the following 
conditions are met:
    (1) The handler requests the Federal-State Inspection Service to 
provide inspection during its regular working hours at least 2 hours in 
advance of the time when inspection is needed. The request need not be 
in writing but it shall be confirmed immediately in writing on a waiver 
form to be supplied by the inspection service;
    (2) The Federal-State Inspection Service advises the handler that it 
is not practicable to provide inspection at the time and place 
designated by the handler. This advice may be verbal but it shall be 
confirmed in writing by the Federal-State Inspection Service by 
execution of the waiver form on which the handler submitted his written 
request. A confirmed copy thereof shall be forwarded by the inspection 
service to the office of the Nectarine Administrative Committee.
    (3) The Federal-State Inspection Service furnishes the handler with 
the number of the waiver which shall cover the nectarines on which 
inspection is requested;
    (4) When instructed to do so, the handler plainly and conspicuously 
marks one end of each container with the letter ``W'' and the waiver 
number supplied by the Federal-State Inspection Service. The letter W 
and the number

[[Page 129]]

shall not be less than one-half inch in height.
    (b) Minimum quantities. Notwithstanding any other provision of this 
section, nectarines may be handled without regard to the provisions of 
Secs. 916.41, 916.52, 916.53, 916.55, and 916.60 under the following 
conditions:
    (1) Such nectarines meet the grade requirements set forth in Article 
30 of the Food and Agriculture Code of California.
    (2) Such nectarines are for home use and not for resale.
    (3) The net weight of such nectarines to any one vehicle during any 
one day does not exceed 200 pounds.
    (4) Such nectarines are handled by the person who produced them; and 
the handling takes place (i) on the premises where grown, (ii) at a 
packinghouse or retail stand nearby which is operated by said handler, 
or (iii) at a certified farmers market in compliance with section 1392 
of the regulations of the California Department of Food and Agriculture: 
Provided, That the exemption for certified farmers markets shall not 
apply to nectarines sorted out by a handler unless the nectarines are 
packed in containers clearly and legibly marked to show that the 
nectarines contained therein are only to be sold at certified farmers 
markets, and the handler complies with regulations established under 
Secs. 916.41, 916.52(a)(1), 916.55, and 916.60 except that nectarines 
may be handled to such markets if the nectarines fail to meet the U.S. 
No. 1 grade only on account of being soft and overripe.

[31 FR 7474, May 24, 1966, as amended at 41 FR 22071, June 1, 1976; 42 
FR 23157, May 6, 1977; 47 FR 30452, July 14, 1982; 49 FR 28541, July 13, 
1984; 53 FR 15194, Apr. 28, 1988]



Sec. 916.115  Lot stamping.

    Except when loaded directly into railway cars, exempted under 
Sec. 916.110, or for nectarines mailed directly to consumers in consumer 
packages, all exposed or outside containers of nectarines, and not less 
than 75 percent of the total containers on a pallet, shall be plainly 
stamped, prior to shipment, with a Federal-State Inspection Service lot 
stamp number, assigned by such Service, showing that such fruit has been 
USDA inspected in accordance with Sec. 916.55: Provided, That for the 
period April 6, 2002, to October 31, 2002, pallets of returnable plastic 
containers shall have the lot stamp numbers affixed to each pallet with 
a USDA-approved pallet tag, in addition to the lot stamp numbers and 
other required information on cards on the individual containers.

[67 FR 16294, Apr. 5, 2002]



Sec. 916.160  Reporting procedure.

    (a) Report of daily packout. When requested by the Nectarine 
Administrative Committee, each shipper who ships nectarines shall 
furnish to the manager of the Nectarine Administrative Committee or its 
designee a report of the number of packages by container type, by 
variety and by district of origin, which the shipper packed during the 
preceding day.
    (b) Recapitulation of shipments. Each shipper of nectarines shall 
furnish to the manager of the Nectarine Administrative Committee not 
later than November 15 of each year a recapitulation of shipments of 
each variety shipped during the just-completed season. The 
recapitulation shall show: The name of the shipper, the shipping point, 
the district of origin, the variety, and the number of packages, by 
size, for each container type.
    (c) Destination report. Each shipper who ships nectarines shall 
furnish to the manager of the Nectarine Administrative Committee a 
report of the number of packages of nectarines shipped to each 
destination, and whether the nectarines were yellow-fleshed or white-
fleshed, and whether the nectarines were ``CA Utility'' quality: 
Provided, That handlers who shipped fewer than 50,000 containers or 
container equivalents of any combination of nectarines, peaches, and 
plums during the previous season are exempted from these reporting 
requirements: Provided further, That handlers who begin operation during 
or after the 2001 season shall be exempted from these reporting 
requirements during their first season of operation. The destination is 
defined as nectarine shipments to any domestic or international market. 
Destination information for domestic market shipments shall include city 
and state,

[[Page 130]]

and zip code, if known. Destination information for international market 
shipments shall include the country to which shipped. This report shall 
be submitted by the fifteenth of each month following the month in which 
nectarine shipments were made.

[39 FR 27116, July 25, 1974, as amended at 63 FR 16039, Apr. 1, 1998; 65 
FR 6308, Feb. 9, 2000; 66 FR 39409, July 31, 2001]

    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 .357 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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



                        Subpart--Assessment Rates



Sec. 916.234  Assessment rate.

    On and after March 1, 2002, an assessment rate of $0.19 per 25-pound 
container or container equivalent of nectarines is established for 
California nectarines.

[67 FR 42709, June 24, 2002]



                 Subpart--Container and Pack Regulation



Sec. 916.350  California Nectarine Container and Pack Regulation.

    (a) During the period beginning April 1 and ending October 31, no 
handler shall ship any package or container of any variety of nectarines 
except in accordance with the following terms and conditions:
    (1) Such nectarines, when packed in any closed package or container, 
except master containers of consumer packages, individual consumer 
packages, and Euro five down reusable plastic containers, shall conform 
to the requirements of standard pack: Provided, That nectarines in any 
such volume-filled container need only be filled to within one-inch of 
the top of the container.
    (2) Each package or container of nectarines shall bear, on one 
outside end in plain sight and in plain letters, the word nectarines 
and, except for consumer packages in master containers and consumer 
packages mailed directly to consumers, the name of the variety, if known 
or, when the variety is not known, the words unknown variety.
    (3) Each package or container of nectarines, except for consumer 
packages in master containers and consumer packages mailed directly to 
consumers, shall bear on one outside end clearly and legibly in plain 
sight and in plain letters the words ``U.S. Mature'' or ``US MAT'' if 
such nectarines are mature as defined in the United States Standards for 
Grades of Nectarines (7 CFR 51.3145 through 51.3160); or may instead 
bear on one outside end clearly and legibly in plain sight and in plain 
letters the words ``California Well Matured'' or ``CA WELL MAT'' if such 
nectarines are well matured as defined in Sec. 916.356.
    (4) Each package or container of nectarines shall bear, on one 
outside end in plain sight and in plain letters, the name and address of 
the shipper.
    (5) Each package or container of nectarines, except consumer 
packages mailed directly to consumers, shall bear, on one outside end in 
plain sight and in plain letters, the following count and/or size 
description of the nectarines as applicable.
    (i) The size of nectarines packed in molded forms (tray-packs) in 
the No. 22D and the No. 32 standard boxes, or consumer packages; No. 22G 
standard lug boxes, experimental containers; or the No. 12B fruit 
(peach) boxes or flats; and the size of wrapped nectarines packed in 
rows in No. 12B fruit (peach) boxes shall be indicated in accordance 
with the number of nectarines in each container, such as ``80 count,'' 
``88 count,'' etc.
    (ii) The size of nectarines in molded forms (tray-packs) in 
experimental containers, and in the No. 22G standard lug boxes, shall be 
indicated according to the number of such nectarines when packed in 
molded forms in the No. 22D standard lug box or the No. 32 standard box, 
in accordance with the requirements of standard pack, such as ``80 
size,'' ``88 size,'' etc., along with count requirements in paragraph 
(a)(5)(i) of this section.
    (iii) The size of nectarines loose-filled or tight-filled in any 
container shall be indicated according to the number of

[[Page 131]]

such nectarines when packed in molded forms in the No. 22D or No. 32 
standard lug box in accordance with the requirements of standard pack, 
such ``80 size,'' ``88 size,'' etc.
    (iv) The size of nectarines, when packed in loose-filled or tight-
filled containers, shall be marked in accordance with the following 
table 1 and table 2 which specify the tray-pack size designation in 
Column A with the corresponding maximum number of nectarines in a 16-
pound sample of each size of the fruit in Column B: Provided, That the 
following procedure shall be used in determining whether nectarines meet 
the minimum size requirements specified for each size category in this 
section applying the 16-pound sample. A sample consisting of one-half of 
the specified number of fruit for a particular size category shall be 
used, provided such sample weighs at least eight pounds. When one-half 
the specified number of fruit in a sample results in a number ending 
with one-half a fruit, the smaller full number of fruit shall be used to 
determine the sample weight. If a sample fails with respect to minimum 
size requirements on the basis of an 8-pound sample, a 16-pound sample 
shall be used to determine if the fruit meets the minimum size 
requirements.

 Table 1.--Weight-Count Standards for All Varieties of Nectarines Packed
               in Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
                                                      Column B--Maximum
                                                          number of
                                                      nectarines in 16-
                                                         pound sample
                                                        applicable to
                                                     varieties specified
                                                        in paragraphs
        Column A--Tray pack size designation             (a)(2)(ii),
                                                         (a)(3)(ii),
                                                         (a)(4)(ii),
                                                         (a)(5)(ii),
                                                       (a)(7)(ii), and
                                                      (a)(8)(ii) of Sec.
                                                           916.356
------------------------------------------------------------------------
108................................................                 100
96.................................................                  90
88.................................................                  83
84.................................................                  78
80.................................................                  75
72.................................................                  68
70.................................................                  61
64.................................................                  56
60.................................................                  50
56.................................................                  47
54.................................................                  40
50.................................................                  39
48.................................................                  35
44.................................................                  33
42.................................................                  31
40.................................................                  30
36.................................................                  25
34.................................................                  23
32.................................................                  22
30.................................................                  19
------------------------------------------------------------------------


 Table 2.--Weight-Count Standards for All Varieties of Nectarines Packed
               in Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
                                                      Column B--Maximum
                                                          number of
                                                      nectarines in 16-
                                                         pound sample
                                                        applicable to
        Column A--Tray pack size designation         varieties specified
                                                        in paragraphs
                                                        (a)(6)(ii) and
                                                      (a)(9)(ii) of Sec.
                                                           916.356
------------------------------------------------------------------------
108................................................                  92
96.................................................                  87
88.................................................                  78
84.................................................                  75
80.................................................                  67
72.................................................                  61
70.................................................                  56
64.................................................                  51
60.................................................                  46
56.................................................                  43
54.................................................                  39
50.................................................                  37
48.................................................                  33
44.................................................                  30
42.................................................                  28
40.................................................                  26
36.................................................                  25
34.................................................                  23
32.................................................                  22
30.................................................                  19
------------------------------------------------------------------------

    (6) Each No. 22D standard lug box, No. 22G standard lug box, or No. 
32 standard box of loose-filled nectarines shall bear on one outside 
end, in plain sight and in plain letters, the words ``25 pounds net 
weight.''
    (7) Each No. 22E standard lug box of loose-filled nectarines shall 
bear on one outside end, in plain sight and in plain letters, the words 
35 pounds net weight.
    (8) Each Euro five down returnable plastic container of loose-filled 
nectarines shall bear on one outside end in

[[Page 132]]

plain sight and in plain letters the words ``31 pounds net weight.''
    (9) Each bulk bin container of loose-filled nectarines shall contain 
not less than 400 pounds net weight, and bear on one outside panel, in 
plain sight and in plain letters, the following information:
    (i) The name and address (including zip code) of the shipper.
    (ii) The net weight.
    (10) Each master container when filled with nectarines packed in 
consumer packages shall bear on one outside end in plain sight and in 
plain letters the following information:
    (i) The number of individual consumer packages, the net weight of 
each consumer package, and the size description of the contents: 
Provided, That when consumer packages of different sizes of nectarines 
are contained in a master container, the size description of the 
contents shall indicate the minimum size contained therein, using the 
terms ``Minimum size 60 and larger,'' or ``Minimum size 70 and larger,'' 
etc., as applicable.
    (ii) The name and address (including zip code) of the shipper.
    (11) Each individual consumer package shall bear the name and 
address, including the zip code, of the shipper and the net weight. When 
a consumer package is not in a master container, it must also bear the 
number of nectarines contained in the package, the name of the variety, 
if known, or if the variety is not known, the words Unknown Variety, and 
be marked as specified in paragraph (a)(3) of this section.
    (b) As used in this section, ``standard pack'' and ``fairly uniform 
in size'' shall have the same meaning as set forth in the U.S. Standards 
for Grades of Nectarines (Secs. 51.3145 to 51.3160) and all other terms 
shall have the same meaning as when used in the amended marketing 
agreement and order. A No. 12B standard fruit box measures 2\3/8\ to 
7\1/8\x11\1/2\x16\1/8\ inches, No. 22D standard lug box measures 2\7/8\ 
to 7\1/8\x13\1/2\x16\1/8\ inches, No. 22E standard lug box measures 8\3/
4\x13\1/2\x16\1/8\ inches, No. 22G standard lug box measures 7\3/8\ to 
7\1/2\x13\1/4\x15\7/8\, No. 32 standard box measures 5\3/4\ to 7\1/
4\x12x19\3/4\ inches, and Euro five down standard box measures 3\1/2\ to 
10\3/4\x16x24 inches. All dimensions are given in depth (inside 
dimensions) by width by length (outside dimensions). ``Individual 
consumer packages'' means packages holding 15 pounds or less net weight 
of nectarines. ``Tree ripe'' means ``tree ripened'' and fruit shipped 
and marked as ``tree ripe,'' ``tree ripened,'' or any similar terms 
using the words ``tree'' and ``ripe'' must meet the minimum California 
Well Matured standards.
    (c) Each container of nectarines in plastic, 12x19\3/4\ inch 
reusable and recyclable containers shall meet and bear, on the container 
lid or on the outside end, all applicable marking requirements under the 
order.
    (d) During the period April 6, 2002, through October 31, 2002, each 
container or package when packed with nectarines meeting the ``CA 
Utility'' quality requirements, shall bear the words ``CA Utility,'' 
along with all other required container markings, in letters at least 
\3/8\ inch in height on the visible display panel. Consumer bags or 
packages must also be clearly marked on the consumer bags or packages as 
``CA Utility,'' along with all other required markings, in letters at 
least \3/8\ inch in height.

[50 FR 39074, Sept. 27, 1985, as amended at 54 FR 27860, July 3, 1989; 
55 FR 24221, June 15, 1990; 56 FR 40223, 40224, Aug. 14, 1991; 57 FR 
20738, May 15, 1992; 59 FR 15838, Apr. 5, 1994; 59 FR 31120, June 17, 
1994; 61 FR 13390, Mar. 27, 1996; 61 FR 31391, June 20, 1996; 63 FR 
16039, Apr. 1, 1998; 64 FR 19031, Apr. 19, 1999; 65 FR 15212, Mar. 22, 
2000; 66 FR 17484, Apr. 2, 2001; 67 FR 16294, Apr. 5, 2002]



                   Subpart--Grade and Size Regulation



Sec. 916.356  California Nectarine Grade and Size Regulation.

    (a) During the period beginning April 1 and ending October 31, no 
handler shall ship:
    (1) Any lot or package or container of any variety of nectarines 
unless such nectarines meet the requirements of U.S. No. 1 grade: 
Provided, That nectarines 2 inches in diameter or smaller, shall not 
have fairly light-colored, fairly smooth scars which exceed an aggregate 
area of a circle \3/8\ inch in diameter, and nectarines larger than 2 
inches in diameter shall not have fairly light-

[[Page 133]]

colored, fairly smooth scars which exceed an aggregate area of a circle 
\1/2\ inch in diameter: Provided further, That an additional tolerance 
of 25 percent shall be permitted for fruit that is not well formed but 
not badly misshapen: Provided further, That all varieties of nectarines 
which fail to meet the U.S. No. 1 grade only on account of lack of blush 
or red color due to varietal characteristics shall be considered as 
meeting the requirements of this subpart: Provided further, That during 
the period April 6, 2002, through October 31, 2002, any handler may 
handle nectarines if such nectarines meet ``CA Utility'' quality 
requirements. The term ``CA Utility'' means that not more than 40 
percent of the nectarines in any container meet or exceed the 
requirements of the U.S. No. 1 grade, except that when more than 30 
percent of the nectarines in any container meet or exceed the 
requirements of the U.S. No. 1 grade, the additional 10 percent shall 
have non-scoreable blemishes as determined when applying the U.S. 
Standards for Grades of Nectarines; and that such nectarines are mature 
and are:
    (i) Free from insect injury which has penetrated or damaged the 
flesh; split pits which cause an unhealed crack or one or more well 
healed cracks which, either singly or in the aggregate, are more than 
\3/8\ inch in length; mold, brown rot, and decay which has affected the 
edible portion; and
    (ii) Free from serious damage due to skin breaks, cuts, growth 
cracks, bruises, or other causes. Damage to any nectarine is serious 
when it causes a waste of 10 percent or more, by volume, of the 
individual nectarine.
    (iii) Tolerances. Not more than 10 percent, by count, of the 
nectarines in any one container may be below the requirements which are 
prescribed by this paragraph, including not more than 5 percent, by 
count, for any one defect, except split pits. An additional tolerance of 
10 percent, by count, of the nectarines in any one container or bulk lot 
may contain nectarines affected with split pits. This means a total 
tolerance of 20 percent is allowed for all defects, including split 
pits, but not to exceed 15 percent for split pits alone.
    (iv) The Federal or Federal-State Inspection Service shall make 
final determinations on maturity through the use of color guides or such 
other tests as determined appropriate by the inspection agency. The 
Federal or Federal-State Inspection Service will use the maturity guides 
listed in table 1 to paragraph (a)(1)(iv) in making maturity 
determinations for the specified varieties when inspecting to the ``well 
matured'' level of maturity. For these varieties, not less than 90 
percent of any lot shall meet the color guide established for the 
variety, and an aggregate area of not less than 90 percent of the fruit 
surface shall meet the color guide established for the variety, except 
that for the Tom Grand variety of nectarines, not less than an aggregate 
area of 80 percent of the fruit surface shall meet the color guide 
established for the variety. For varieties not listed, the Federal or 
Federal-State Inspection Service will use such tests as it deems proper. 
A variance for any variety from the application of the maturity guides 
specified in table 1 to paragraph (a)(1)(iv) may be granted during the 
season to reflect changes in crop, weather, or other conditions that 
would make the specified guides an inappropriate measure of ``well 
matured.''

                                 Table 1
------------------------------------------------------------------------
             Column A variety                  Column B maturity guide
------------------------------------------------------------------------
Alshir Red................................  J
April Glo.................................  H
August Glo................................  L
August Lion...............................  J
August Red................................  J
Aurelio Grand.............................  F
Autumn Delight............................  L
Autumn Grand..............................  L
Big Jim...................................  J
Diamond Bright............................  J
Diamond Jewel.............................  L
Diamond Ray...............................  L
Earliglo..................................  I
Early Diamond.............................  J
Early May.................................  F
Early May Grand...........................  H
Early Red Jim.............................  J
Early Sungrand............................  H
Fairlane..................................  L
Fantasia..................................  J
Firebrite.................................  H
Fire Sweet................................  J
Flame Glo.................................  L
Flamekist.................................  L
Flaming Red...............................  K
Flavortop.................................  J
Grand Diamond.............................  L
Gran Sun..................................  L
Honey Blaze...............................  J

[[Page 134]]

 
Honey Kist................................  I
Independence..............................  H
July Red..................................  L
June Brite................................  I
Juneglo...................................  H
Kay Diamond...............................  L
King Jim..................................  L
Kism Grand................................  J
Late Le Grand.............................  L
Late Red Jim..............................  J
May Diamond...............................  I
May Fire..................................  H
Mayglo....................................  H
May Grand.................................  H
May Jim...................................  I
May Kist..................................  H
May Lion..................................  J
Mid Glo...................................  L
Moon Grand................................  L
Niagra Grand..............................  H
P-R Red...................................  L
Prima Diamond XIII........................  L
Red Delight...............................  I
Red Diamond...............................  L
Red Fred..................................  J
Red Free..................................  L
Red Glen..................................  J
Red Glo...................................  I
Red Grand.................................  H
Red Jewel.................................  L
Red Jim...................................  L
Red May...................................  J
Rio Red...................................  L
Rose Diamond..............................  J
Royal Delight.............................  F
Royal Giant...............................  I
Royal Glo.................................  I
Ruby Diamond..............................  L
Ruby Grand................................  J
Ruby Sun..................................  J
Ruby Sweet................................  J
Scarlet Red...............................  K
September Free............................  J
September Grand...........................  L
September Red.............................  L
Sheri Red.................................  J
Sparkling June............................  L
Sparkling May.............................  J
Sparkling Red.............................  L
Spring Bright.............................  L
Spring Diamond............................  L
Spring Ray................................  L
Spring Sweet..............................  J
Spring Red................................  H
Star Brite................................  J
Summer Beaut..............................  H
Summer Blush..............................  J
Summer Bright.............................  J
Summer Diamond............................  L
Summer Fire...............................  L
Summer Grand..............................  L
Summer Lion...............................  L
Summer Red................................  L
Sunburst..................................  J
Sun Diamond...............................  I
Sunecteight (Super Star)..................  G
Sun Grand.................................  G
Tom Grand.................................  L
Zee Glo...................................  J
Zee Grand.................................  I
------------------------------------------------------------------------

    Note: Consult with the Federal or Federal-State Inspection Service 
Supervisor for the maturity guides applicable to the varieties not 
listed above.
    (v) If a grower or handler believes his/her fruit is meeting the 
appropriate maturity level but the fruit has not been so graded by the 
inspector, he/she may appeal the inspection by calling the officer-in-
charge of the local Federal-State Inspection Service office to arrange 
for an on-site examination of the fruit.
    (2) Any package or container of Mayglo variety nectarines through 
May 5 of each year; or April Glo, or Mayfire variety nectarines, unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 108 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(2)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 100 nectarines.
    (3) Any package or container of Mayglo variety of nectarines on or 
after May 6 of each year, or Crimson Baby, Earliglo, Early Diamond, 
Grand Sun, Johnny's Delight, May Jim, or May Kist variety nectarines 
unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 96 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(3)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 90 nectarines.
    (4) Any package or container of Arctic Rose, Arctic Star, Diamond 
Bright, Juneglo, June Pearl, Kay Glo, Kay Sweet, May Diamond, May Grand, 
Prima Diamond IV, Prima Diamond VI, Prima Diamond XIII, Prince Jim, 
Prince Jim 1, Red Delight, Red Glo, Rose Diamond, Royal Glo, Scarlet 
Jewels, Sparkling May, Star Brite, White

[[Page 135]]

Sun, or Zee Grand variety nectarines unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 88 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(4)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 83 nectarines.
    (5) Any package or container of Red May variety nectarines unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 84 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(5)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 78 nectarines.
    (6) Any package or container of Alta Red, Arctic Blaze, Arctic Gold, 
Arctic Ice, Arctic Jay, Arctic Mist, Arctic Pride, Arctic Queen, Arctic 
Snow (White Jewel), Arctic Sweet, August Glo, August Lion, August Pearl, 
August Red, August Snow, Big Jim, Bright Pearl, Bright Sweet, Diamond 
Ray, Early Red Jim, Firebrite, Fire Pearl, Fire Sweet, Flame Glo, 
Flaming Red, Grand Diamond, Grand Pearl, Grand Sweet, Honey Blaze, Honey 
Kist, July Pearl, July Red, June Lion, Kay Diamond, Kay Pearl, King Jim, 
Late Red Jim, P-R Red, Prima Diamond IX, Prima Diamond XVI, Prima 
Diamond XVIII, Prima Diamond XIX, Prima Diamond XXIV, Prima Diamond 
XXVIII, Red Diamond, Red Glen, Red Jim, Regal Pearl, Regal Red, Royal 
Giant, Ruby Diamond, Ruby Pearl, Ruby Sweet, Scarlet Red, September 
Bright (26P-490), September Free, September Red, Sparkling June, 
Sparkling Red, Spring Bright, Spring Diamond, Spring Red, Spring Sweet, 
Summer Beaut, Summer Blush, Summer Bright, Summer Diamond, Summer Fire, 
Summer Grand, Summer Jewel, Summer Lion, Summer Red, Sunburst, Sun 
Diamond, Sunecteight (Super Star), Sunny Red, Sun Valley Sweet, Sweet 
White, Terra White, or Zee Glo variety nectarines unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 80 nectarines in the box, or if the nectarines are ``well 
matured,'' not more than 84 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(6)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 67 nectarines or if the nectarines are ``well 
matured'' not more than 75 nectarines.
    (7) During the period April 1 through May 31 of each fiscal year, no 
handler shall handle any package or container of any variety of 
nectarines not specifically named in paragraphs (a)(2), (a)(3), (a)(4), 
(a)(5), or (a)(6) of this section unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 96 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(7)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 90 nectarines.
    (8) During the period June 1 through June 30 of each fiscal period, 
no handler shall handle any package or container of any variety of 
nectarines not specifically named in paragraphs (a)(2), (a)(3), (a)(4), 
(a)(5), or (a)(6) of this section unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a

[[Page 136]]

standard pack, not more than 88 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(8)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 83 nectarines.
    (9) During the period July 1 through October 31 of each fiscal 
period, no handler shall handle any package or container of any variety 
of nectarines not specifically named in paragraphs (a)(2), (a)(3), 
(a)(4), (a)(5), or (a)(6) of this section unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 80 nectarines in the box or, if the nectarines are ``well 
matured,'' not more than 84 nectarines in the box; or
    (ii) Such nectarines, when packed other than as specified in 
paragraph (a)(9)(i) of this section, are of a size that a 16-pound 
sample, representative of the nectarines in the package or container, 
contains not more than 67 nectarines or if the nectarines are ``well 
matured'' not more than 75 nectarines.
    (b) The following procedure shall be used in determining whether 
nectarines meet the minimum size requirements specified for each size 
category in this section applying a 16-pound sample. A sample consisting 
of one-half of the number of fruit specified for a 16-pound sample for a 
particular size category shall be used, provided such sample weighs at 
least eight pounds. When one-half the specified number of fruit in a 
sample results in a number ending with one-half a fruit, the smaller 
full number of fruit shall be used to determine the sample weight. If a 
sample fails with respect to minimum size requirements on the basis of 
an 8-pound sample, a 16-pound sample shall be used to determine if the 
fruit meets the minimum size requirements.
    (c) Container tolerances. The contents of individual packages in the 
lot are subject to the following limitations, provided the averages for 
the entire lot are within the tolerances specified in this part:
    (1) For packages which contain more than 10 pounds, and a tolerance 
of 10 percent or more is provided, individual packages shall have not 
more than one and one-half times the tolerance specified. For packages 
which contain more than 10 pounds and a tolerance of less than 10 
percent is provided, individual packages shall have not more than double 
the tolerance specified.
    (2) For packages which contain 10 pounds or less, individual 
packages are not restricted as to the percentages of defects.
    (d) As used herein, U.S. No. 1, mature, and standard pack, mean the 
same as defined in the United States Standards for Grades of Nectarines 
[7 CFR 51.3145 through 51.3160]; and No. 22D standard lug box means the 
same as defined in section 1380.19 (17) of the ``Regulations of the 
California Department of Food and Agriculture''. Well matured means a 
condition distinctly more advanced than mature.

[59 FR 15838, Apr. 5, 1994, as amended at 60 FR 30997, June 12, 1995; 61 
FR 13391, Mar. 27, 1996; 61 FR 19164, May 1, 1996; 61 FR 26073, May 24, 
1996; 61 FR 31006, June 19, 1996; 61 FR 31391, June 20, 1996; 62 FR 
15360, Apr. 1, 1997; 62 FR 50859, Sept. 29, 1997; 63 FR 16039, Apr. 1, 
1998; 65 FR 39513, June 27, 2000; 66 FR 17484, Apr. 2, 2001; 66 FR 
39620, Aug. 1, 2001; 67 FR 16295, Apr. 5, 2002]



PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
917.1  Secretary.
917.2  Act.
917.3  Person.
917.4  Fruit.
917.5  Grower.
917.6  Handle.
917.7  Handler.
917.9  Fiscal period.
917.11  Production area.
917.12  Container.
917.13  Pack.
917.14  District.
917.15  Representation area.

                          Administrative Bodies

917.16  Designation of Control Committee.

[[Page 137]]

917.17  Nomination of shipper members of the Control Committee.
917.18  Nomination of commodity committee members of the Control 
          Committee.
917.19  Selection of members of the Control Committee.
917.20  Designation of members of commodity committees.
917.21  Nomination of Pear Commodity Committee members.
917.22  Nomination of Peach Commodity Committee members.
917.24  Procedure for nominating members of various commodity 
          committees.
917.25  Selection of members of various commodity committees.
917.26  Failure to nominate.
917.27  Alternates.
917.28  Procedure for filling vacancies on committees.
917.29  Organization of committees.
917.30  Removal and disapproval.
917.31  Compensation and expenses.
917.32  Funds and other property.
917.33  Powers of Control Committee.
917.34  Duties of Control Committee.
917.35  Powers and duties of each commodity committee.

                        Expenses and Assessments

917.36  Expenses.
917.37  Assessments.
917.38  Accounting.

                                Research

917.39  Production research, market research and development.

                               Regulations

917.40  Recommendations for regulations.
917.41  Issuance of regulations.
917.42  Modification, suspension, or termination of regulations.
917.43  Special purpose shipments.
917.45  Inspection and certification.

                                 Reports

917.50  Reports.

                        Miscellaneous Provisions

917.60  Effective time.
917.61  Termination.
917.62  Proceedings after termination.
917.63  Effect of termination or amendment.
917.64  Compliance.
917.65  Duration of immunities.
917.66  Agents.
917.67  Derogation.
917.68  Liability of committee members.
917.69  Separability.

                     Subpart--Rules and Regulations

                               Definitions

917.100  Order.
917.101  Marketing agreement.
917.103  Terms.

                                 General

917.110  Communications.

                          Administrative Bodies

917.115  Nomination of shipper members for the Control Committee.
917.119  Procedure for nominating members for various Commodity 
          Committees; meetings.
917.120  Changes in nomination of Peach Commodity Committee members.
917.121  Changes in nomination of Pear Commodity Committee members.
917.122  Qualification requirements and nomination procedure for public 
          members of Commodity Committees.

   Regulation by Grades, Sizes, and Minimum Standards of Quality and 
                                Maturity

917.143  Exemptions.
917.149  Special purpose shipments.

                      Regulation of Daily Shipments

917.150  Lot stamping.

                                 Reports

917.176  Pears.
917.178  Peaches.
917.179  Assessment reports.

                        Subpart--Assessment Rates

917.258  Assessment rate.

                 Subpart--Container and Pack Regulation

917.442  California Peach Container and Pack Regulation.

                   Subpart--Grade and Size Regulation

917.459  California Peach Grade and Size Regulation.
917.461  Pear Regulation 12.

    Authority: 7 U.S.C. 601-674.



                   Subpart--Order Regulating Handling

    Source: 41 FR 17528, Apr. 27, 1976, unless otherwise noted.

                               Definitions



Sec. 917.1  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

[[Page 138]]

hereafter be delegated, to act in his stead.



Sec. 917.2  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 (48 Stat. 31, as amended; 7 U.S.C. 
601-674).



Sec. 917.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 917.4  Fruit.

    Fruit means the edible product of the following two kinds of trees 
(a) all varieties of peaches, and (b) all varieties of pears except 
Beurre Hardy, Beurre D'Anjou, Bosc, Winter Nelis, Doyenne du Comice, 
Beurre Easter, and Beurre Clairgeau.

[56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10055, Mar. 3, 1994, in Sec. 917.4, 
the words ``, and (b) all varieties of pears except Beurre Hardy, Beurre 
D'Anjou, Bosc, Winter Nelis, Doyenne du Comice, Beurre Easter, and 
Beurre Clairgeau'' were suspended, effective April 4, 1994.



Sec. 917.5  Grower.

    Grower is synonymous with producer and means any person who produces 
fruit for market in fresh form, and who has a proprietary interest 
therein.



Sec. 917.6  Handle.

    Handle and ship are synonymous and mean to sell, consign, deliver or 
transport fruit or to cause fruit to be sold, consigned, delivered or 
transported between the production area and any point outside thereof, 
or within the production area: Provided, That the term handle shall not 
include the sale of fruit on the tree, the transportation within the 
production area of fruit from the orchard where grown to a packing 
facility located within such area for preparation for market, or the 
delivery of such fruit to such packing facility for such preparation.



Sec. 917.7  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting fruit owned by another person) 
who handles fruit.



Sec. 917.9  Fiscal period.

    Fiscal period is synonymous with fiscal year and means the 12-month 
period ending on the last day of February of each year, or such other 
period that may be approved by the Secretary pursuant to recommendations 
by the committee.



Sec. 917.11  Production area.

    Production area means the State of California.



Sec. 917.12  Container.

    Container means a box, bag, crate, lug, basket, carton, package, or 
any other type of receptacle used in the packaging or handling of fruit.



Sec. 917.13  Pack.

    Pack means the specific arrangement, size, weight, count, or grade 
of a quantity of fruit in a particular type and size of container or any 
combination thereof.



Sec. 917.14  District.

    District means any of the following subdivisions of the State of 
California:
    (a) North Sacramento Valley District includes and consists of Glenn 
County, Shasta County, Tehama County, Modoc County, Siskiyou County, 
Lassen County, Plumas County, and Colusa County.
    (b) Central Sacramento Valley District includes and consists of 
Sutter County, Butte County, Yuba County, and Sierra County.
    (c) Sacramento River District includes and consists of Sacramento 
County, that portion of Yolo County east of a straight line from the 
northwest corner of Sacramento County to the Northeast corner of Solano 
County, and that portion of Solano County east of a straight line from 
the northeast corner of Solano County to the town of Rio Vista.
    (d) El Dorado District includes and consists of El Dorado County.

[[Page 139]]

    (e) Placer-Colfax District includes and consists of Nevada and 
Placer Counties.
    (f) Solano District includes and consists of that portion of Yolo 
County not included in the Sacramento River District, and that portion 
of Solano County not included in the Sacramento River District.
    (g) Contra Costa District includes and consists of Contra Costa 
County.
    (h) Santa Clara District includes and consists of Alameda County, 
Monterey County, Santa Clara County, San Mateo County, Santa Cruz 
County, and San Benito County.
    (i) Lake District includes and consists of Lake County.
    (j) Mendocino District includes and consists of Mendocino County, 
Humboldt County, Trinity County, and Del Norte County.
    (k) South Coast District includes and consists of San Luis Obispo 
County, Santa Barbara County, and Ventura County.
    (l) Stockton District includes and consists of San Joaquin County, 
Amador County, Calaveras County, and Alpine County.
    (m) Stanislaus District includes and consists of Merced County, 
Stanislaus County, Tuolumne County, and Mariposa County.
    (n) Fresno District includes and consists of Madera County, Fresno 
County, Mono County, Kings County, and that portion of Tulare County 
north of the 4th Standard Parallel south of the Mount Diablo Base Line 
of the General Land Office.
    (o) Tulare District includes and consists of that portion of Tulare 
County not included in Fresno District.
    (p) Kern District includes and consists of that portion of Kern 
County west of the Tehachapi Mountains.
    (q) Tehachapi District includes and consists of that portion of Kern 
County not included in Kern District, and Inyo County.
    (r) Southern California District includes and consists of San 
Bernardino County, Orange County, San Diego County, Imperial County, 
Riverside County, and Los Angeles County.
    (s) North Bay District includes and consists of Sonoma County, Napa 
County, and Marin County.



Sec. 917.15  Representation area.

    Representation area means any one of the districts or groups of 
districts which are designated for nominating members and alternate 
members to the commodity committees under Secs. 917.21 through 917.22 or 
as changed pursuant to Sec. 917.35(g).

[56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10055, Mar. 3, 1994, in Sec. 917.15, 
the words ``Sec. 917.21 through'' were suspended, effective April 4, 
1994.

                          Administrative Bodies



Sec. 917.16  Designation of Control Committee.

    A Control Committee is hereby established consisting of 12 shipper 
members and 13 commodity committee members, and the members shall be 
selected in accordance with the provisions of Sec. 917.17 through 
Sec. 917.19. The members shall be selected annually for a term ending on 
the last day of February, and said members shall serve until their 
respective successors are selected and have qualified.



Sec. 917.17  Nomination of shipper members of the Control Committee.

    Nominations for the 12 members of the Control Committee to represent 
shippers shall be made in the following manner:
    (a) By February 1 of each year the Control Committee shall announce 
a time and place for a meeting of all shippers of fruit and shall 
conduct the election of nominees at such meeting. At said election 
meeting the shippers present shall select a nominee for each of the 
shipper member positions on the Control Committee. Each shipper shall 
cast only one vote.
    (b) No shipper shall be entitled to participate in the nomination of 
members of the Control Committee, or be eligible for membership on such 
committee, if such shipper has failed to pay the assessments, due to be 
paid by him pursuant to the provisions of Sec. 917.37.



Sec. 917.18  Nomination of commodity committee members of the Control Committee.

    Nominations for the 13 members of the Control Committee to represent

[[Page 140]]

the commodity committees shall be made in the following manner:
    (a) A nomination for one member shall be made by each commodity 
committee selected pursuant to Sec. 917.25. Nominations for the 
remaining members shall be made by the respective commodity committees 
as provided in this section. The number of remaining members which each 
respective commodity committee shall be entitled to nominate shall be 
based upon the proportion that the previous three fiscal periods' 
shipments of the respective fruit is of the total shipments of all fruit 
to which this part is applicable during such periods. In the event 
provisions of this part are terminated as to any one fruit, nominations 
of members to the Control Committee shall be composed of representatives 
of the remaining two fruits. The apportionment shall be determined as 
aforesaid. In the event provisions of this part are terminated as to any 
two fruits, the members of the commodity committee of the remaining 
fruit shall have all of the powers, duties, and functions given to the 
Control Committee under this part and sections of this part pertaining 
to the designation of the Control Committee shall be terminated.
    (b) A person nominated by any commodity committee for membership on 
the Control Committee shall be an individual person who is a member or 
alternate member of the commodity committee which nominates him. Each 
member of each commodity committee shall have only one vote in the 
selection of nominees for membership on the Control Committee.

    Effective Date Note: At 59 FR 10055, Mar. 3, 1994, in Sec. 917.18, 
paragraph (a) the words ``The number of remaining members which each 
respective commodity committee shall be entitled to nominate shall be 
based upon the proportion that the previous three fiscal period's 
shipments of the respective fruit is of the total shipments of all fruit 
to which this part is applicable during such periods. In the event 
provisions of this part are terminated as to any one fruit, nominations 
of members to the Control Committee shall be composed of representatives 
of the remaining two fruits. The apportionment shall be determined as 
aforesaid. In the event provisions of this part are terminated as to any 
two fruits, the members of the commodity committee of the remaining 
fruit shall have all the powers, duties, and functions given to the 
Control Committee under this part and sections of this part pertaining 
to the designation of the Control Committee shall be terminated.'' were 
suspended, effective April 4, 1994.



Sec. 917.19  Selection of members of the Control Committee.

    From the nominations made pursuant to Sec. 917.17, or from other 
persons, the Secretary shall select the shipper members of the Control 
Committee. From the nominations made pursuant to Sec. 917.18, or from 
other persons, the Secretary shall select the commodity committee 
members of the Control Committee. Any person selected as member of the 
Control Committee shall qualify by filing with the Secretary a written 
acceptance of the appointment.



Sec. 917.20  Designation of members of commodity committees.

    There are hereby established a Pear Commodity Committee and a Peach 
Commodity Committee each consisting of 13 members. Each commodity 
committee may be increased by one public member nominated by the 
respective commodity committee and selected by the Secretary. The 
members of each said committees shall be selected biennially for a term 
ending on the last day of February of odd numbered years, and such 
members shall serve until their respective successors are selected and 
have qualified. The members of each commodity committee shall be 
selected in accordance with the provisions of Sec. 917.25.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10055, Mar. 3, 1994, in Sec. 917.20, 
the words ``a Pear Commodity Committee and'' were suspended, effective 
April 4, 1994.



Sec. 917.21  Nomination of Pear Commodity Committee members.

    Nominations for membership on the Pear Commodity Committee shall be 
made by the growers of pears in the respective representation areas as 
follows:
    (a) North Sacramento Valley District and the Central Sacramento 
Valley District one nominee.

[[Page 141]]

    (b) Sacramento River District, Stockton District, Stanislaus 
District, Contra Costa District, Santa Clara District, and Solano 
District four nominees.
    (c) Placer-Colfax District one nominee.
    (d) Lake District four nominees.
    (e) Mendocino District and the North Bay District one nominee.
    (f) El Dorado District one nominee.
    (g) All of the production area not included in paragraphs (a) 
through (f) of this section one nominee.

    Effective Date Note: At 59 FR 10055, Mar. 3, 1994, Sec. 917.21 was 
suspended, effective April 4, 1994.



Sec. 917.22  Nomination of Peach Commodity Committee members.

    Nominations for membership on the Peach Commodity Committee shall be 
made by growers of peaches in the respective representation areas, as 
follows:
    (a) South Coast District and Southern California District one 
nominee.
    (b) Tehachapi District and Kern District one nominee.
    (c) Tulare District one nominee.
    (d) Fresno District eight nominees.
    (e) Stanislaus District and Stockton District one nominee.
    (f) All of the production area not included in paragraphs (a) 
through (e) of this section one nominee.



Sec. 917.24  Procedure for nominating members of various commodity committees.

    (a) The Control Committee shall hold or cause to be held not later 
than February 15 of each odd numbered year a meeting or meetings of the 
growers of the fruits in each representation area set forth in 
Secs. 917.21 and 917.22. These meetings shall be supervised by the 
Control Committee, which shall prescribe such procedure as shall be 
reasonable and fair to all persons concerned.
    (b) With respect to each commodity committee only growers of the 
particular fruit who are present at such nomination meetings or 
represented at such meetings by duly authorized employees may 
participate in the nomination and election of nominees for commodity 
committee members. Each such grower, including employees of such grower, 
shall be entitled to cast but one vote for each position to be filled 
for the representation area in which he produces such fruit.
    (c) A particular grower, including employees of such growers, shall 
be eligible for membership as principle or alternate to fill only one 
position on a commodity committee. A grower nominated for membership on 
the Pear Commodity Committee must have produced at least 51 percent of 
the pears shipped by him during the previous fiscal period, or he must 
represent an organization which produced at least 51 percent of the 
pears shipped by it during such period.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10055, Mar. 3, 1994, in Sec. 917.24, 
paragraph (a) the words ``Sec. 917.21 and'' and in paragraph (c) the 
words ``A grower nominated for membership on the Pear Commodity 
Committee must have produced at least 51 percent of the pears shipped by 
him during the previous fiscal period, or he must represent an 
organization which produced at least 51 percent of the pears shipped by 
it during such period.'' were suspended, effective April 4, 1994.



Sec. 917.25  Selection of members of various commodity committees.

    The Secretary shall select the members of each commodity committee 
from nominations made by growers, as provided in Secs. 917.21 through 
917.24, or from among other eligible persons. Any person selected as a 
member of a commodity committee shall qualify by filing with the 
Secretary a written acceptance of the appointment.

    Effective Date Note: At 59 FR 10055, Mar. 3, 1994, in Sec. 917.25, 
the words ``Sec. 917.21 through'' were suspended, effective April 4, 
1994.



Sec. 917.26  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Secs. 917.21 through 917.24, the Secretary may, without 
regard to nominations, select the member and alternate members of 
commodity committees on the basis of representation provided in 
Secs. 917.21 and 917.22. In the event nominations are not made for 
membership on the Control Committee, pursuant to

[[Page 142]]

the provisions of Secs. 917.17 and 917.18, by May 1 of each year, the 
Secretary may select such members without waiting for nominees to be 
designated.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.26, 
the words ``Sec. 917.21 through'' and ``Sec. 917.21 and'' were 
suspended, effective April 4, 1994.



Sec. 917.27  Alternates.

    There shall be an alternate for each member of the Control 
Committee, and an alternate for each member of each commodity committee. 
Each such alternate shall possess the same qualifications, shall be 
nominated and selected in the same manner and shall hold office for the 
same term, as the member for whom he is alternate. An alternate shall, 
in the event of such member's absence at a meeting of the committee, act 
in the place and stead of such member; and, in the event of such 
member's removal, resignation, disqualification, or death, the alternate 
for such member shall, until a successor for the unexpired term of said 
member has been selected, act in the place and stead of said member. In 
the event both a member and his alternate are unable to attend a meeting 
the member or the committee members present may designate any other 
alternative to serve in such member's place and stead provided such 
action is necessary to secure a quorum.



Sec. 917.28  Procedure for filling vacancies on committees.

    To fill any vacancy on the Control Committee or on any of the 
commodity committees occasioned by the failure of any person selected as 
a member or as an alternate member to qualify, or in the event of the 
death, removal, resignation, or disqualification of any member or 
alternate member, a successor for the unexpired term of such member or 
alternate shall be nominated and selected in the manner specified in 
Secs. 917.17 through 917.19 and Secs. 917.21 through 917.25. If the 
names of nominees to fill any such vacancy are not made available to the 
Secretary within a reasonable time after such vacancy occurs, the 
Secretary may fill such vacancy without regard to nominations on the 
basis of representation provided for in Secs. 917.16, 917.21 and 917.22.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.28, 
the words ``Sec. 917.21 through'', and ``, 917.21'' were suspended, 
effective April 4, 1994.



Sec. 917.29  Organization of committees.

    (a) A majority of all of the members of the Control Committee shall 
constitute a quorum, and any action of the Control Committee shall 
require the concurrence of the majority of all members present at the 
meeting.
    (b) A quorum of the Pear Commodity Committee and of the Peach 
Commodity Committee shall each consist of nine members.
    (c) The Control Committee and each commodity committee shall give to 
the Secretary the same notice of each meeting that is given to the 
members of the respective committee.
    (d) The Control Committee or any commodity committee may, upon due 
notice to all of the members of the respective committee, vote by 
letter, telegraph, or telephone: Provided, That any member voting by 
telephone shall promptly thereafter confirm in writing his vote so cast.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.29, 
in paragraph (b), the words ``of the Pear Commodity Committee and'' and 
``each'' were suspended, effective April 4, 1994.



Sec. 917.30  Removal and disapproval.

    The members of the Control Committee, including their respective 
successors and alternates, and the members of each commodity committee, 
including their respective successors and alternates, and any agent or 
employee appointed or employed by the Control Committee and the members 
of any other committee established pursuant to the provisions of this 
subpart shall be subject to removal or suspension at any time by the 
Secretary. Each regulation, decision, determination, or other act of the 
Control Committee, or any commodity committee, or any

[[Page 143]]

other committee established pursuant to the provisions of this subpart, 
shall be subject to the continuing right of the Secretary to disapprove 
of the same at any time; and, upon such disapproval, each such 
regulation, decision, determination, or other act, 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.



Sec. 917.31  Compensation and expenses.

    All committee members shall serve without compensation, but said 
members, and their respective alternates, shall be reimbursed for 
expenses necessarily incurred in the performance of their duties. At its 
discretion any committee 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.



Sec. 917.32  Funds and other property.

    (a) All funds received by the Control Committee, pursuant to the 
provisions of this part, shall be used solely for the purpose specified 
in this part; and the Secretary may require the Control Committee and 
its members to account for all receipts and disbursements.
    (b) Upon the resignation, removal, or expiration of the term of any 
member or employee of the Control Committee, or of any member of any 
commodity committee, all books, records, funds, and other property in 
his possession belonging to the Control Committee or any commodity 
committee shall be delivered to the Control Committee or to his 
successor in office; and such assignments and other instruments shall be 
executed as may be necessary to vest in the Control Committee full title 
to all the books, records, funds, and other property in the possession 
or under the control of such member or employee, pursuant to the 
provisions of this part.
    (c) The Control Committee may, with the approval of the Secretary, 
maintain in its own name, or in the name of its members, a suit against 
any shipper for the collection of such shipper's pro rata share of 
expenses, pursuant to the provisions of this part.



Sec. 917.33  Powers of Control Committee.

    The Control Committee shall have the following powers:
    (a) To administer, as specifically provided in this part, the terms 
and provisions of this part.
    (b) To make administrative rules and regulations in accordance with 
and 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.
    (d) To recommend to the Secretary amendments to this part.



Sec. 917.34  Duties of Control Committee.

    The Control Committee shall have the following duties:
    (a) To act as intermediary between the Secretary and any grower or 
shippers.
    (b) To keep minute books and records which will clearly reflect all 
of the acts and transactions of said Control Committee; and such minute 
books and records shall be subject at any time to examination by the 
Secretary or by such person as may be designated by the Secretary.
    (c) To investigate, from time to time, and assemble data on the 
growing, shipping, and marketing conditions respecting fruit, as defined 
in Sec. 917.4; to engage in such research and service activities in 
connection with the handling of such fruit as may be approved, from time 
to time, by the Secretary; and 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, and to determine the compensation and define the duties 
of each.
    (e) To develop and provide the commodity committees data on shared 
expenses to facilitate equitable apportionment of such expenses in the 
development of budgets.
    (f) To confer with representatives of shippers and growers of fruit 
produced in other states and areas with respect to the formulation or 
operation of marketing agreements providing for the regulation of 
shipments among the several states and areas in the United States in 
which such fruit is grown.

[[Page 144]]

    (g) With the approval of the Secretary establish procedures for the 
selection and appointment of a public member and alternate to each of 
the commodity committees.
    (h) To establish and define the duties of additional committees or 
subcommittees to assist in the performance of any of the duties and 
functions of the Control Committee.
    (i) To defend all legal proceedings against any committee members 
(individually or as members) or any officers or employees of such 
committees arising out of any act or omission made in good faith 
pursuant to the provisions of this part.
    (j) To cause the books of the Control Committee to be audited by a 
competent accountant at least once each fiscal period and at such other 
time or times as the Control Committee may deem necessary or as the 
Secretary may request. Such audit shall indicate whether the funds have 
been received and expended in accordance with the provisions of this 
part.
    (k) To appoint nomination committees if it deems proper for any or 
each nomination meeting held pursuant to Secs. 917.21 and 917.22. Such 
nomination committees would canvas prospective members and alternate 
members to the commodity committees to determine their eligibility and 
willingness to serve and present a slate of nominees to the meeting or 
meetings. The presentation of nominees by the nominating committee at 
these meetings shall not exclude the right of any grower to nominate any 
eligible person at such meeting.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.34, 
in paragraph (k), the words ``Sec. 917.21 and'' were suspended, 
effective April 4, 1994.



Sec. 917.35  Powers and duties of each commodity committee.

    Each commodity committee shall have the following powers and duties:
    (a) With regard to the respective fruit for which it was 
established, to establish production research and marketing research and 
development projects as authorized under Sec. 917.39, to recommend to 
the Secretary regulation of shipments pursuant to the provisions of this 
part, and to possess such other powers and exercise such other duties as 
will properly effectuate the purpose of this part: Provided, however, 
That the Peach and Pear Commodity Committee shall each approve actions 
under Sec. 917.39 and make said recommendations pursuant to Secs. 917.40 
through 917.43 only upon the affirmative vote of not less than nine 
members of each said committee.
    (b) To make such rules and regulations with respect to fruit for 
which it was established as may be necessary to effectuate the terms and 
provisions of this part.
    (c) To forward to the Control Committee and to the Secretary a 
record of the minutes of each meeting of the commodity committee.
    (d) To establish such other committees to aid the commodity 
committee in the performance of its duties under this part as may be 
deemed advisable.
    (e) Each season prior to any recommendation to the Secretary for a 
regulation of shipments pursuant to Secs. 917.40 through 917.43 to 
determine the marketing policy to be followed for the respective 
commodity during the ensuing fiscal period and to submit such policy to 
the Secretary, said policy report to contain, among other provisions, 
information relative to the estimated total production and shipments of 
the fruit by districts, information as to the expected general quality 
and size of fruit, possible or expected demand conditions of different 
market outlets, supplies of competitive commodities, such analysis of 
the foregoing factors and conditions as the committee deems appropriate, 
and the type of regulations of shipments expected to be recommended for 
the respective fruit.
    (f) To submit as soon as practicable after the beginning of each 
fiscal year to the Secretary, for his approval, a budget of its expenses 
for such fiscal period, including its proportional share of the expenses 
of the Control Committee and an explanation of the items therein, and a 
recommendation as to the rate of assessment for the respective fruit for 
which the commodity committee was established.

[[Page 145]]

    (g) With the approval of the Secretary, to redefine the Districts 
into which the State of California has been divided under Sec. 917.14 or 
change the representation of any representation area affecting the 
respective commodity committee: Provided, however, That if any such 
changes are made, representation on any such committee from the various 
representation areas shall be based, so far as practicable, upon the 
proportionate quantity of the respective fruit shipped from the 
respective representation area during the preceding three fiscal 
periods: Provided further, That the commodity committees shall follow 
the principle, so far as practicable, of assigning a member position on 
the commodity committees to any representation area from which five 
percent of regulated shipments have originated during such periods.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.35, 
in paragraph (a), the words ``and Pear'' and ``each'' were suspended 
everywhere they appear, effective April 4, 1994.

                        Expenses and Assessments



Sec. 917.36  Expenses.

    Each commodity committee is authorized to incur such expenses as the 
Secretary finds are reasonable and are likely to be incurred by the said 
commodity committee during each fiscal period for the maintenance and 
functioning of such committee, including its proportionate share of the 
expenses of the Control Committee; and for such research and service 
activities relating to handling of the fruit for which the commodity 
committee was established as the Secretary may determine to be 
appropriate. The funds to cover such expenses shall be acquired by the 
levying of assessments as provided in Sec. 917.37.



Sec. 917.37  Assessments.

    (a) As his pro rata share of the expenses which the Secretary finds 
are reasonable and are likely to be incurred by the commodity committees 
during a fiscal period, each handler shall pay to the Control Committee, 
upon demand, assessments on all fruit handled by him. The payment of 
assessments for the maintenance and functioning of the committees 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) The Secretary shall fix the respective rate of assessment which 
handlers shall pay with respect to each fruit during each fiscal period 
in an amount designed to secure sufficient funds to cover the respective 
expenses which may be incurred during such period. At any time during or 
after the fiscal period, the Secretary may increase the rates of 
assessment in order to secure funds to cover any later findings by the 
Secretary relative to such expenses, and such increase shall apply to 
all fruit shipped during the fiscal period.
    (c) In order to provide funds to carry out the functions of the 
commodity committee prior to commencement of shipments in any season, 
shippers may make advance payments of assessments, which advance 
payments shall be credited to such shippers and the assessments of such 
shippers shall be adjusted so that such assessments are based upon the 
quantity of fruit shipped by such shippers during such season. Any 
shipper who ships fruit for the account of a grower may deduct, from the 
account of sale covering such shipment or shipments, the amount of 
assessments levied on said fruit shipped for the account of such grower.



Sec. 917.38  Accounting.

    If, at the end of a fiscal period the assessments collected are in 
excess of expenses incurred, each commodity 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 one fiscal period's expenses. Such reserve funds 
may be used (1) to cover any expenses authorized by this part and (2) to 
cover necessary expenses of liquidation in the event of termination of 
this part. If any such excess is not retained in a reserve, each handler 
entitled to a proportionate refund shall be credited with such refund 
against the operations of the following fiscal period or be paid such 
refund. Upon termination

[[Page 146]]

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.

                                Research



Sec. 917.39  Production research, market research and development.

    The committees, 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 fruit. Such projects may provide for any form of marketing 
promotion including paid advertising. The expenses of such projects 
shall be paid from funds collected pursuant to Sec. 917.37.

                               Regulations



Sec. 917.40  Recommendations for regulations.

    (a) Whenever a commodity committee deems it advisable to regulate 
the handling of any variety or varieties of fruit in the manner provided 
in Sec. 917.41, it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the commodity committee shall give 
consideration to current information with respect to the factors 
affecting the supply and demand for such fruit during the period or 
periods when it is proposed that such regulation should be made 
effective. With each such recommendation for regulation, the commodity 
committee shall submit to the Secretary the data and information on 
which such recommendation is predicated and such other available 
information as the Secretary may request.



Sec. 917.41  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of any variety or varieties of fruit whenever he 
finds, from the recommendations and information submitted by the 
commodity committee, or from other available information, that such 
regulations will tend to effectuate the declared policy of the act. Such 
regulations may:
    (1) Limit, during any period or periods, the total quantity of any 
grade, size, quality, maturity, or pack, or any combination thereof, of 
any variety or varieties of fruit;
    (2) Limit the shipment of any variety or varieties of fruit by 
establishing, in terms of grades, sizes, or both, minimum standards of 
quality and maturity during any period when season average prices are 
expected to exceed the parity level;
    (3) Fix the size, capacity, weight, dimensions, markings, or pack of 
the container, or containers, which may be used in the packaging or 
handling of any fruit.
    (b) The commodity committee shall be informed immediately of any 
such regulation issued by the Secretary, and the commodity committee 
shall promptly give notice thereof to handlers.



Sec. 917.42  Modification, suspension, or termination of regulations.

    (a) In the event the commodity committee at any time finds that, by 
reason of changed conditions, any regulations issued pursuant to 
Sec. 917.41 should be modified, suspended, or terminated, it shall so 
recommend to the Secretary.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the commodity committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of fruit in order to 
effectuate the declared policy of the act, he shall modify, suspend, or 
terminate such regulation. If the Secretary finds that a regulation 
obstructs or does not tend to effectuate the declared policy of the act, 
he shall suspend or terminate such regulation. On the same basis and in 
like manner the Secretary may terminate any such modification or 
suspension.

[[Page 147]]



Sec. 917.43  Special purpose shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 917.37, 917.41, and 917.42, 
and the regulations issued thereunder, handle fruit (1) for consumption 
by charitable institutions; (2) for distribution by relief agencies; or 
(3) for commercial processing into products.
    (b) Upon the basis of recommendations and information submitted by 
the commodity committee, or from other available information, the 
Secretary may relieve from any or all requirements, under or established 
pursuant to Sec. 917.41, Sec. 917.42, Sec. 917.45, or Sec. 917.37, the 
handling of fruit; (1) To designated market areas outside the 
continental United States; (2) for such specified purposes (including 
shipments to facilitate the conduct of marketing research and 
development projects established pursuant to Sec. 917.39); or (3) in 
such minimum quantities or types of shipments, as may be prescribed.
    (c) The commodity committee shall, with the approval of the 
Secretary, prescribe such rules, regulations, and safeguards as it may 
deem necessary to prevent fruit handled under the provisions of this 
section from entering the channels of trade for other than the specified 
purposes authorized by this section. Such rules, regulations, and 
safeguards may include the requirements that handlers shall file 
applications and receive approval from the commodity committee for 
authorization to handle fruit pursuant to this section, and that such 
applications be accompanied by a certification by the intended purchaser 
or receiver that the fruit will not be used for any purpose not 
authorized by this section.



Sec. 917.45  Inspection and certification.

    (a) Whenever the handling of any variety of a particular fruit is 
regulated pursuant to Sec. 917.41 or Sec. 917.42, each handler who 
handles such fruit shall, prior thereto, cause such fruit to be 
inspected by the Federal or Federal-State Inspection Service: Provided, 
That inspection and certification shall not be required if such fruit 
has previously been so inspected and certified. Promptly after 
inspection and certification, each such handler shall submit, or cause 
to be submitted, to the commodity committee a copy of the certificate of 
inspection issued with respect to such fruit. The commodity committees 
may, with the approval of the Secretary, prescribe rules and regulations 
waiving the inspection requirements of this section where it is 
determined that inspection is not available: Provided, That all 
shipments made under such waiver shall comply with all regulations in 
effect.
    (b) The Control Committee may enter into an agreement with the 
Federal and Federal-State Inspection Services with respect to the costs 
of the inspection required by paragraph (a) of this section, for any or 
all fruits, and may collect from handlers their respective pro rata 
shares of such costs.

                                 Reports



Sec. 917.50  Reports.

    (a) Each handler shall furnish to the Manager of the Control 
Committee, at such times and for such periods as the Control Committee 
or the commodity committees may designate, certified reports covering, 
to the extent necessary for the committees to perform their functions, 
each shipment of fruits as follows:
    (1) The name of the shipper and the shipping point;
    (2) The car or truck license number (or name of the trucker), and 
identification of the carrier;
    (3) The date and time of departure;
    (4) The number and type of containers in the shipment;
    (5) The quantities shipped, showing separately the variety, grade, 
and size of the fruit;
    (6) The destination;
    (7) Identification of the inspection certificate or waiver pursuant 
to which the fruit was handled;
    (8) The price per package at which sold, including specific and 
detailed information relative to all discounts, allowances, rebates, or 
other adjustments thereof.
    (b) Upon request of any committee, made with the approval of the 
Secretary, each handler shall furnish to the Manager of the Control 
Committee, in such manner and at such times as it may prescribe, such 
other information

[[Page 148]]

as may be necessary to enable the committee to perform its duties under 
this part.
    (c) Each handler shall maintain for at least two succeeding fiscal 
years, such records of the fruits received and disposed of by him as may 
be necessary to verify the reports he submits to the committee pursuant 
to this section.
    (d) All reports and records submitted by handlers pursuant to the 
provisions of this section shall be received by, and at all times be in 
custody of, one or more designated employees of the Control Committee. 
No such employee shall disclose to any person, other than the Secretary 
upon request therefor, data or information obtained or extracted from 
such reports and records which might affect the trade position, 
financial condition, or business operation of the particular handler 
from whom received: Provided, That such data and information may be 
combined, and made available to any person, in the form of general 
reports in which the identities of the individual handlers furnishing 
the information are not disclosed and may be revealed to any extent 
necessary to effect compliance with the provisions of this part and the 
regulations issued thereunder.

                        Miscellaneous Provisions



Sec. 917.60  Effective time.

    The provisions of this part and of any amendment thereto, shall 
become effective at such time as the Secretary may declare above his 
signature and shall continue in force until terminated in one of the 
ways specified in Sec. 917.61.



Sec. 917.61  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 in which he may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part 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 part or the 
applicability of the provisions of this part as to a particular fruit 
whenever he finds by referendum or otherwise that such termination is 
favored by a majority of the growers of the fruit: Provided, That such 
majority has during the current fiscal period produced more than 50 
percent of the volume of the fruit which was produced within the 
production area for shipment in fresh form. Such termination shall 
become effective on the first day of March subsequent to the 
announcement therof by the Secretary.
    (d) The Control Committee shall consider all petitions from growers 
submitted to it for termination of this part provided such petitions are 
received by the Control Committee prior to October 1 of the then current 
fiscal period. Upon recommendation of the Control Committee, received 
not later than December 1 of the then current fiscal period, the 
Secretary shall conduct a referendum among the growers of the particular 
kind of fruit prior to February 15 of such fiscal period to ascertain 
whether continuance of this part is favored by producers.
    (e) The Secretary shall conduct a referendum within the period 
beginning December 1, 1974, and ending February 15, 1975, to ascertain 
whether continuance of this part as to any fruit included in this part 
is favored by the growers. The Secretary shall conduct such a referendum 
within the same period of every fourth fiscal period thereafter.
    (f) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.



Sec. 917.62  Proceedings after termination.

    (a) Upon the termination of the provisions of this part pertaining 
to any fruit or fruits, the Control Committee then functioning shall for 
the purpose of liquidating the affairs of the Control Committee with 
respect to such fruit continue as trustee 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.
    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) from time to time

[[Page 149]]

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 (3) 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 funds, property, and claims vested in the Control Committee or the 
trustees pursuant thereto.
    (c) 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 Control Committee and upon the 
trustees.



Sec. 917.63  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.



Sec. 917.64  Compliance.

    Each shipper shall comply with all regulations. No shipper shall 
ship fruit in violation of the provisions of this part or in violation 
of any regulation issued by the Secretary pursuant to the provisions of 
this part.



Sec. 917.65  Duration of immunities.

    The benefits, privileges, and immunities conferred by virtue of the 
provisions of this subpart shall cease upon its termination except with 
respect to acts done under and during the time the provisions of this 
part are in force and effect.



Sec. 917.66  Agents.

    The Secretary may by a designation in writing name any person, 
including any officer or employee of the Government or any agency 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 
part.



Sec. 917.67  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, 
and in accordance with such powers to act in the premises whenever such 
action is deemed advisable.



Sec. 917.68  Liability of committee members.

    No members of the Control Committee, any commodity committee, or 
other committee, or any subcommittee, or any employee of the Control 
Committee shall be held personally responsible, either individually or 
jointly with others, in any way whatsoever, to any shipper or any other 
person for errors in judgment, mistakes, or other acts, either of 
commission or omission, as such member or employee, except for acts of 
dishonesty.



Sec. 917.69  Separability.

    If any provision of this part is declared invalid or the 
applicability thereof to any person, circumstance, thing, or any 
particular kind of fruit is held invalid, the validity of the remainder 
of this part or the applicability thereof to any other person, 
circumstance, thing, or kind of fruit shall not be affected thereby.



                     Subpart--Rules and Regulations

    Source: 16 FR 12776, Dec. 20, 1951, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.

[[Page 150]]

                               Definitions



Sec. 917.100  Order.

    Order means Marketing Order No. 917, as amended (this part 917), 
regulating the handling of fresh pears and peaches grown in the State of 
California.

[31 FR 7476, May 5, 1966, as amended at 56 FR 46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.100, 
the words ``pears and'' were suspended, effective April 4, 1994.



Sec. 917.101  Marketing agreement.

    Marketing agreement means Marketing Agreement No. 85 as amended.



Sec. 917.103  Terms.

    All other terms used in this subpart shall have the same meaning as 
when used in the marketing agreement and order.

[18 FR 712, Feb. 4, 1953. Redesignated at 26 FR 12751, Dec. 30, 1961]

                                 General



Sec. 917.110  Communications.

    Unless otherwise prescribed in this subpart, or in the marketing 
agreement and order, or required by the Control Committee, or a 
particular commodity committee, all reports, applications, submittals, 
requests, and communications in connection with the marketing agreement 
and order shall be addressed as follows:

Control Committee, California Tree Fruit Agreement, P.O. Box 968, 
Reedley, CA, 93654-0968.

[63 FR 16041, Apr. 1, 1998]

                          Administrative Bodies



Sec. 917.115  Nomination of shipper members for the Control Committee.

    (a) All shippers who, prior to February 1 of the then current year, 
have not advised the manager of the Control Committee in writing of 
their participation in the formation of an elective body shall be 
notified promptly by the manager after that date, by mail, of the time 
and place for a meeting of such shippers to elect nominees for shipper 
membership on the Control Committee.
    (b) The chairman of the then existing Control Committee shall 
schedule a meeting of shippers in the month of February of the then 
current year, for the purpose of making nominations to the shipper 
membership of the Control Committee; and such chairman is authorized to 
appoint a member of the Control Committee to act as chairman of the 
meeting and to conduct the election.



Sec. 917.119  Procedure for nominating members for various Commodity Committees; meetings.

    (a) The manager of the then existing Control Committee shall arrange 
for, and publicize, meetings of growers to nominate members for the 
different commodity committees, and each such meeting shall be attended 
by one or more employees of the Control Committee. Members of the 
Agricultural Extension Service of the University of California may be 
authorized by the manager to assist in calling such meetings and advise 
growers, on their respective mailing lists, of such meetings.
    (b) Growers assembled at any such meetings may select a chairman and 
secretary, but in the event none of the aforesaid employees of the 
Control Committee is selected as secretary of the meeting, one such 
employee shall, nevertheless, record all nominations made.
    (c) The nominations at any meeting shall be conducted according to 
Robert's rules of order. However, voting may be by secret ballot or by 
acclamation in accordance with the desire of the majority of the growers 
attending the meeting.
    (d) No individual, whether representing a corporation or otherwise, 
may cast more than one vote for each nominee to be selected at the 
meeting where such individual is eligible to participate in the 
selection of nominees for members and alternate members of the Commodity 
Committees.

[16 FR 12776, Dec. 20, 1951, as amended at 24 FR 470, Jan. 21, 1959. 
Redesignated at 26 FR 12751, Dec. 30, 1961]

[[Page 151]]



Sec. 917.120  Changes in nomination of Peach Commodity Committee members.

    Nominations for membership on the Peach Commodity Committee shall be 
made by growers of peaches in the respective representation areas, as 
follows:
    (a) South Coast District and Southern California District: one 
nominee.
    (b) Tehachapi District and Kern District: one nominee.
    (c) Tulare District: one nominee.
    (d) Fresno District: nine nominees.
    (e) Stanislaus District, Stockton District and all of the production 
area not included in paragraphs (a) through (d) of this section: one 
nominee.

[54 FR 29322, July 12, 1989]



Sec. 917.121  Changes in nomination of Pear Commodity Committee members.

    Nominations for membership on the Pear Commodity Committee shall be 
made by the growers of pears in the respective representation areas as 
follows:
    (a) North Sacramento Valley District, Central Sacramento Valley 
District, Placer-Colfax District, El Dorado District, and all of the 
production area not included in paragraphs (b) through (d) of this 
section, one nominee.
    (b) Sacramento River District, Stockton District, Stanislaus 
District, Contra Costa District, Santa Clara District and Solano 
District, three nominees.
    (c) Lake District, six nominees.
    (d) Mendocino District and North Bay District, three nominees.

[52 FR 12513, Apr. 17, 1987]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, Sec. 917.121 was 
suspended, effective April 4, 1994.



Sec. 917.122  Qualification requirements and nominiation procedure for public members of Commodity Committees.

    (a) Public members shall not have a financial interest in or be 
associated with production, processing, financing, or marketing (except 
as consumers) of the commodities regulated under this part.
    (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 California.
    (d) Public members should be nominated by each Commodity Committee 
and should serve a two-year term which coincides with the term of office 
of grower members of Commodity Committees.

[42 FR 3625, Jan. 19, 1977, as amended at 43 FR 58355, Dec. 14, 1978]

   Regulation by Grades, Sizes, and Minimum Standards of Quality and 
                                Maturity



Sec. 917.143  Exemptions.

    (a) Waivers. A handler may handle fruit without inspection and 
certification, as prescribed under Sec. 917.45, if all the following 
conditions are met:
    (1) The handler requests the Federal-State Inspection Service to 
provide inspection during its regular working hours at least two hours 
in advance of the time when inspection is needed. The request need not 
be in writing but it shall be confirmed immediately in writing on a 
waiver form supplied by the inspection service;
    (2) The Federal-State Inspection Service advises the handler that it 
is not practicable to provide inspection at the time and place 
designated by the handler. Such advice may be verbal but it shall be 
confirmed in writing by the Federal-State Inspection Service by 
execution of the waiver form on which the handler submitted his written 
request. A confirmed copy thereof shall be forwarded by the inspection 
service to the office of the Control Committee;
    (3) The Federal-State Inspection Service furnishes the handler with 
the number of the waiver which shall cover the fruit on which inspection 
is requested;
    (4) When so instructed, the handler plainly and conspicuously marks 
one end of each container with the letter W and the waiver number 
supplied by the Federal-State Inspection Service. The letter W and the 
number so marked

[[Page 152]]

shall be not less than one-half inch in height.
    (b) Minimum quantities. Notwithstanding any other provisions of this 
section, pears and peaches may be handled without regard to the 
provisions of Secs. 917.37, 917.41, 917.42, 917.45 and 917.50 under the 
following conditions:
    (1) Such pears and peaches meet the grade requirements set forth in 
Articles 35, 38, and 34, respectively of the Food and Agriculture Code 
of California.
    (2) Such pears and peaches are for home use and not for resale.
    (3) The shipment does not exceed 200 pounds of pears and 200 pounds 
of peaches to any one vehicle during any one day.
    (4) Such pears and peaches are handled by the person who produces 
them; and the handling takes place (i) on the premises where grown, (ii) 
at a packinghouse or retail stand nearby which is operated by said 
handler, or (iii) at a certified farmers market in compliance with 
section 1392 of the regulations of the California Department of Food and 
Agriculture: Provided, That the exemption for certified farmers markets 
shall not apply to fruit sorted out by a handler unless such fruit is 
packed in containers clearly and legibly marked to show that the fruit 
contained therein is only to be sold at a certified farmers market, and 
the handler complies with regulations established under Secs. 917.37, 
917.41(a)(1), 917.45, and 917.50, except that such fruit may be handled 
to such markets if the fruit fails to meet the applicable grade only on 
account of being soft and overripe.

[31 FR 7476, May 24, 1966, as amended at 41 FR 22071, June 1, 1976; 41 
FR 28509, July 12, 1976; 42 FR 22875, May 5, 1977; 47 FR 30452, July 14, 
1982; 49 FR 36361, Sept. 17, 1984; 53 FR 18818, May 25, 1988; 56 FR 
46369, Sept. 12, 1991]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.143, 
(b) introductory text and paragraphs (b)(1), (b)(2), and (b)(4) the 
words ``pears and'', and in paragraph (b)(3) the words ``200 pounds of 
pears and'', were suspended, effective April 4, 1994.



Sec. 917.149  Special purpose shipments.

    Any person may file a request with the Pear Commodity Committee to 
transport pears to a packing facility located in the State of Oregon 
without inspection and certification prior to such transporting. The 
committee may approve such a request subject to the following terms and 
conditions:
    (a) Approval shall be requested by the person prior to transporting 
the pears out of the area of production.
    (b) Such person shall file with the committee, in such manner as 
required, reports showing, among other things, the date and quantity of 
pears comprising each shipment of pears transported to Oregon and the 
disposition thereof.
    (c) All such pears shall be of the person's own production and the 
packing facility to which they are transported must be owned and 
operated by that person.
    (d) All such pears shall be inspected and certified, as required by 
Sec. 917.45, by the Federal or Federal-State Inspection Service prior to 
the time such pears are shipped from the packing facility. Any pears 
shipped to any such facility which, upon inspection, do not meet the 
requirements of the then effective grade, size, or quality regulations, 
may be shipped, or handled, within the State, for consumption by any 
charitable institution or for distribution by any relief agency or for 
conversion into products. Prior to any such shipment or handling, there 
shall first have been submitted to the committee proof satisfactory to 
the committee that the pears will not be handled contrary to the 
requirements of the marketing agreement and order. Such proof shall 
include a written certificate, executed by both the handler and the 
intended receiver, stating that the pears will not be used for any 
purpose not authorized by this section.

[41 FR 31180, July 27, 1976]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, Sec. 917.149 was 
suspended, effective April 4, 1994.

                      Regulation of Daily Shipments



Sec. 917.150  Lot stamping.

    Except when loaded directly into railway cars, exempted under 
Sec. 917.143, or for peaches mailed directly to consumers in consumer 
packages, all exposed or outside containers of peaches, and not less 
than 75 percent of the total containers on a pallet, shall be

[[Page 153]]

plainly stamped, prior to shipment, with a Federal-State Inspection 
Service lot stamp number, assigned by such Service, showing that such 
fruit has been USDA inspected in accordance with Sec. 917.45: Provided, 
That for the period April 6, 2002, through November 23, 2002, pallets of 
returnable plastic containers shall have the lot stamp numbers affixed 
to each pallet with a USDA-approved pallet tag, in addition to the lot 
stamp numbers and other required information on cards on the individual 
containers.

[67 FR 16296, Apr. 5, 2002]

                                 Reports



Sec. 917.176  Pears.

    (a) Report of daily packout. When requested by the Pear Commodity 
Committee, each shipper who ships pears shall furnish to the manager of 
the Control Committee or when designated to the Federal-State Inspection 
Service a report of the number of packages by container type, by variety 
and by district of origin, which the shipper packed during the preceding 
day.
    (b) Recapitulation of shipments. When requested by the Pear 
Commodity Committee, each shipper of pears shall furnish to the manager 
of the Control Committee a recapitulation of his shipments. The 
recapitulation shall show: (1) The name of the shipper, (2) the shipping 
point, (3) the district of origin, (4) the variety, and (5) the number 
of packages, by size, for each container type.
    (c) Report of pears held in storage. Each shipper who has pears 
under refrigeration in a storage warehouse shall upon request, file with 
the manager of the Control Committee within the time specified in the 
request an accurate report containing the following information:
    (1) The name and address of the shipper; and
    (2) The total quantity, as of the date specified in the request, of 
pears in storage outside of the State of California and in storage in 
the State of California.

[39 FR 27117, July 25, 1974]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, Sec. 917.176 was 
suspended, effective April 4, 1994.



Sec. 917.178  Peaches.

    (a) Report of daily packout. When requested by the Peach Commodity 
Committee, each shipper who ships peaches shall furnish to the manager 
of the Control Committee or when designated to the Federal-State 
Inspection Service a report of the number of packages by container type, 
by variety and by district or origin, which the shipper packed during 
the preceding day.
    (b) Recapitulation of shipments. Each shipper of peaches shall 
furnish to the manager of the Control Committee not later than November 
15 of each year a recapitulation of shipments of each variety shipped 
during the just-completed season. The recapitulation shall show: The 
name of the shipper, the shipping point, the district of origin, the 
variety, and the number of packages, by size, for each container type.
    (c) Destination report. Each shipper who ships peaches shall furnish 
to the manager of the Control Committee a report of the number of 
packages of peaches shipped to each destination, and whether the peaches 
shipped were yellow-fleshed or white-fleshed, and whether the peaches 
were ``CA Utility'' quality: Provided, That handlers who shipped fewer 
than 50,000 containers or container equivalents of any combination of 
peaches, nectarines, and plums during the previous season are exempted 
from these reporting requirements: Provided further, That handlers who 
begin operation during or after the 2001 season shall be exempted from 
these reporting requirements during their first season of operation. The 
destination is defined as peach shipments to any domestic or 
international market. Destination information for domestic market 
shipments shall include the city and state, and zip code, if known. 
Destination information for international market shipments shall include 
the country to which shipped. This report shall be submitted by the 
fifteenth day of each month following

[[Page 154]]

the month in which peach shipments were made.

[39 FR 27118, July 25, 1974, as amended at 63 FR 16041, Apr. 1, 1998; 65 
FR 6308, Feb. 9, 2000; 66 FR 39409, July 31, 2001]



Sec. 917.179  Assessment reports.

    In lieu of the reporting requirements set forth in Secs. 917.176 and 
917.178, the Control Committee may request a shipper to file, and upon 
such request such shipper shall file with the manager of the Control 
Committee a monthly summary showing the total quantity of pears and 
peaches which he shipped during the specified month; and such shipper 
may remit with his monthly report sufficient funds to cover the 
assessment due on the shipments which he reports.

[23 FR 3996, June 7, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 31 FR 7477, May 24, 1966; 56 FR 23774, May 24, 1991; 56 
FR 46369, Sept. 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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, in Sec. 917.179, 
the words ``Sec. 917.176 and'' and ``pears and'' were suspended, 
effective April 4, 1994.



                        Subpart--Assessment Rates



Sec. 917.258  Assessment rate.

    On and after March 1, 1996, an assessment rate of $0.1900 per 25-
pound container or equivalent of fresh peaches is established for 
California fresh peaches.

[61 FR 37813, July 22, 1996]



                 Subpart--Container and Pack Regulation



Sec. 917.442  California Peach Container and Pack Regulation.

    (a) During the period beginning April 1 and ending November 23, no 
handler shall ship any package or container of any variety of peaches 
except in accordance with the following terms and conditions:
    (1) Such peaches, when packed in any closed package or container, 
except master containers of consumer packages, individual consumer 
packages, and Euro five down reusable plastic containers, shall conform 
to the requirements of standard pack: Provided, That peaches in any such 
volume-filled container need only be filled to within one-inch of the 
top of the container.
    (2) Each package or container of peaches shall bear, on one outside 
end in plain sight and in plain letters, the word peaches and, except 
for consumer packages in master containers and consumer packages mailed 
directly to consumers, the name of the variety, if known or, when the 
variety is not known, the words unknown variety.
    (3) Each package or container of peaches, except for consumer 
packages in master containers and consumer packages mailed directly to 
consumers, shall bear on one outside end clearly and legibly in plain 
sight and in plain letters the words ``U.S. Mature'' or ``US MAT'' if 
such peaches are mature as defined in the United States Standards for 
Grades of Peaches (7 CFR 51.1210 through 51.1223); or may instead bear 
on one outside end clearly and legibly in plain sight and in plain 
letters the words ``California Well Matured'' or ``CA WELL MAT'' if such 
peaches are well matured as defined in Sec. 917.459.
    (4) Each package or container of peaches shall bear, on one outside 
end in plain sight and in plain letters, the name and address of the 
shipper.
    (5) Each package or container of peaches, except consumer packages 
mailed directly to consumers, shall bear on one outside end in plain 
sight and in plain letters, the following count and/or size description 
of the peaches as applicable:
    (i) The size of peaches packed in molded forms (tray-packs) in the 
No. 22D and No. 32 standard boxes, cartons, or consumer packages; No. 
22G standard lug boxes or experimental containers; or No. 12B fruit 
(peach) boxes or flats; and the size of wrapped peaches packed in rows 
in No. 12B fruit (peach) boxes shall be indicated in accordance with the 
number of peaches in

[[Page 155]]

each container, such as ``80 count,'' ``88 count,'' etc.
    (ii) The size of peaches in molded forms (tray-packs) in 
experimental containers, and in the No. 22G standard lug boxes, shall be 
indicated according to the number of such peaches when packed in molded 
forms in the No. 22D standard lug box or the No. 32 standard box, in 
accordance with the requirements of standard pack, such as ``80 size,'' 
``88 size,'' etc., along with count requirements in paragraph (a)(5)(i) 
of this section.
    (iii) The size of peaches loose-filled or tight-filled in any 
container shall be indicated according to the number of such peaches 
when packed in molded forms in No. 22D or No. 32 standard boxes, in 
accordance with the requirements of standard pack, such as ``80 size,'' 
``88 size,'' etc.
    (iv) The size of peaches, when packed in loose-filled or tight-
filled containers, shall be marked in accordance with the following 
table 1 and table 2 which specify the tray-pack size designation in 
Column A with the corresponding maximum number of peaches in a 16-pound 
sample of each size of the fruit in Column B: Provided, That the 
following procedure shall be used in determining whether peaches meet 
the minimum size requirements specified for each size category in this 
section applying the 16-pound sample. A sample consisting of one-half of 
the specified number of fruit for a particular size category shall be 
used, provided such sample weighs at least eight pounds. When one-half 
the specified number of fruit in a sample results in a number ending 
with one-half a fruit, the smaller full number of fruit shall be used to 
determine the sample weight. If a sample fails with respect to minimum 
size requirements on the basis of an 8-pound sample, a 16-pound sample 
shall be used to determine if the fruit meets the minimum size 
requirements.

  Table 1--Weight-Count Standards for All Varieties of Peaches (Except
 Peento Type Peaches) Packed in Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
                                                       Column B--Maximum
                                                       number of peaches
                                                      in 16-pound sample
                                                         applicable to
                                                           varieties
                                                         specified in
        Column A--Tray pack size designation              paragraphs
                                                          (a)(2)(ii),
                                                          (a)(3)(ii),
                                                          (a)(4)(ii),
                                                        (a)(5)(ii), and
                                                        (b)(3) of Sec.
                                                            917.459
------------------------------------------------------------------------
96..................................................                 96
88..................................................                 92
84..................................................                 83
80..................................................                 76
72..................................................                 69
70..................................................                 65
64..................................................                 57
60..................................................                 51
56..................................................                 47
54..................................................                 44
50..................................................                 39
48..................................................                 35
44..................................................                 33
42..................................................                 31
40..................................................                 30
36..................................................                 27
34..................................................                 25
32..................................................                 23
30..................................................                 21
------------------------------------------------------------------------


  Table 2--Weight Count Standards for All Varieties of Peaches (Except
 Peento Type Peaches) Packed in Loose-Filled or Tight-Filled Containers.
------------------------------------------------------------------------
           Column A--Tray pack size designation             Column B \1\
------------------------------------------------------------------------
96........................................................           96
88........................................................           83
84........................................................           79
80........................................................           73
72........................................................           64
70........................................................           59
64........................................................           53
60........................................................           46
56........................................................           45
54........................................................           43
50........................................................           39
48........................................................           35
44........................................................           33
42........................................................           31
40........................................................           30
36........................................................           27
34........................................................           25
32........................................................           23
30........................................................           21
------------------------------------------------------------------------
\1\ Maximum number of peaches in 16-pound sample applicable to varieties
  specified in paragraphs (a)(6)(ii) and (c)(3) of Sec.  917.459


[[Page 156]]


Table 3--Weight-Count Standards for Peento Type Peaches Packed in Loose-
                    Filled or Tight-Filled Containers
------------------------------------------------------------------------
                                                              Column B--
                                                               Maximum
                                                              number of
            Column A--Tray pack size designation              peaches in
                                                              a 16-pound
                                                                sample
------------------------------------------------------------------------
80.........................................................          140
72.........................................................          128
70.........................................................          111
64.........................................................           99
60.........................................................           93
56.........................................................           87
54.........................................................           77
50.........................................................           80
48.........................................................           74
44.........................................................           70
42.........................................................           68
40.........................................................           59
36.........................................................           53
34.........................................................           50
------------------------------------------------------------------------

    (6) The variation in diameter between the smallest and largest peach 
in any individual container shall not exceed one-forth (\1/4\) inch for 
size 80 and smaller and three-eights (\3/8\) inch for peaches larger 
than size 80: Provided, That not more than five (5) percent, by count, 
of the peaches in any individual container may fail to meet the diameter 
requirements of this paragraph.
    (7) Each No. 22D standard lug box or No. 32 standard box of loose-
filled peaches shall bear on one outside end, in plain sight and in 
plain letters, the words ``25 pounds net weight.''
    (8) Each No. 22E standard lug box of loose-filled peaches shall bear 
on one outside end, in plain sight and in plain letters, the words 35 
pounds net weight.
    (9) Each Euro five down returnable plastic container of loose-filled 
peaches shall bear on one outside end in plain sight and in plain 
letters the words ``31 pounds net weight.''
    (10) Each bulk bin container of loose-filled peaches shall contain 
not less than 400 pounds net weight, and bear on one outside panel, in 
plain sight and in plain letters, the following information:
    (i) The name and address (including zip code) of the shipper.
    (ii) The net weight.
    (11) Each master container when filled with peaches packed in 
consumer packages shall bear on one outside end in plain sight and in 
plain letters the following information:
    (i) The number of individual consumer packages, the net weight of 
each consumer package, and the size description of the contents: 
Provided, That when consumer packages of different sizes of peaches are 
contained in a master container, the size description of the contents 
shall indicate the minimum size contained therein, using the terms 
``Minimum size 60 and larger,'' or ``Minimum size 70 and larger,'' etc., 
as applicable.
    (ii) The name and address (including zip code) of the shipper.
    (12) Each individual consumer package shall bear the name and 
address, including the zip code, of the shipper and the net weight. When 
a consumer package is not in a master container, it must also bear the 
number of peaches contained in the package, the name of the variety, if 
known, or if the variety is not known, the words Unknown Variety, and be 
marked as specified paragraph (a)(3) of this section.
    (b) As used in this section, ``standard pack'' and ``fairly uniform 
in size'' shall have the same meaning as set forth in the U.S. Standards 
for Grades of Peaches (Secs. 51.1210 to 51.1223) and all other terms 
shall have the same meaning as when used in the amended marketing 
agreement and order. A No. 12B standard fruit box measures 2\3/8\ to 
7\1/8\ x 11\1/2\ x 16\1/8\ inches, No. 22D standard lug box measures 
2\7/8\ to 7\1/8\ x 13\1/2\ x 16\1/8\ inches, No. 22E standard lug box 
measures 8\3/4\ x 13\1/2\ x 16 inches, No. 22G standard lug box measures 
7\3/8\ to 7\1/2\ x 13\1/4\ x 15\7/8\, No. 32 standard box measures 5\3/
4\ to 7\1/4\ x 12 x 19\3/4\ inches, and the Euro five down standard box 
measures 3\1/2\ to 10\3/4\ x 16 x 24 inches. All dimensions are given in 
depth (inside dimensions) by width by length (outside dimensions). 
``Individual consumer packages'' means packages holding 15 pounds or 
less net weight of peaches. ``Tree ripe'' means ``tree ripened'' and 
fruit shipped and marked as ``tree ripe,'' ``tree ripened,'' or any 
similar terms using the words ``tree'' and ``ripe'' must meet the 
minimum California Well Matured standards.
    (c) Each container of peaches in plastic, 12x19\3/4\ inch reusable 
and recyclable containers shall meet and bear, on the container lid or 
on the outside end, all

[[Page 157]]

applicable marking requirements under the order.
    (d) During the period April 6, 2002, through November 23, 2002, each 
container or package when packed with peaches meeting ``CA Utility'' 
quality requirements, shall bear the words ``CA Utility,'' along with 
all other required container markings, in letters at least \3/8\ inch in 
height on the visible display panel. Consumer bags or packages must also 
be clearly marked on the consumer bags or packages as ``CA Utility, `` 
along with all other required markings, in letters at least \3/8\ inch 
in height.

[50 FR 39074, Sept. 27, 1985, as amended at 54 FR 27861, July 3, 1989; 
55 FR 24222, June 15, 1990; 56 FR 40225, Aug. 14, 1991; 57 FR 20739, May 
15, 1992; 57 FR 42682, Sept. 16, 1992; 59 FR 15840, Apr. 5, 1994; 59 FR 
31120, June 17, 1994; 61 FR 13392, Mar. 27, 1996; 61 FR 31391, June 20, 
1996; 63 FR 16041, Apr. 1, 1998; 63 FR 44370, Aug. 19, 1998; 64 FR 
19033, Apr. 19, 1999; 65 FR 15213, Mar. 22, 2000; 66 FR 17485, Apr. 2, 
2001; 67 FR 16296, Apr. 5, 2002; 67 FR 53289, Aug. 15, 2002]



                   Subpart--Grade and Size Regulation



Sec. 917.459  California Peach Grade and Size Regulation.

    (a) During the period beginning April 1 and ending November 23, no 
handler shall ship:
    (1) Any lot or package or container of any variety of peaches unless 
such peaches meet the requirements of U.S. No. 1 grade: Provided, That 
an additional 25 percent tolerance shall be permitted for fruit with 
open sutures/which are damaged, but not seriously damaged: Provided 
further, That peaches of the Peento type shall be permitted a 10 percent 
tolerance for healed, non-serious, blossom-end growth cracks: Provided 
further, That during the period April 6, 2002, through November 23, 
2002, any handler may handle peaches if such peaches meet ``CA Utility'' 
quality requirements. The term ``CA Utility'' means that not more than 
40 percent of the peaches in any container meet or exceed the 
requirement of the U.S. No. 1 grade, except that when more than 30 
percent of the peaches in any container meet or exceed the requirements 
of U.S. No. 1 grade, the additional 10 percent shall have non-scoreable 
blemishes as determined when applying the U.S. Standards for Grades of 
Peaches; and that such peaches are mature and are:
    (i) Free from insect injury which has penetrated or damaged the 
flesh; split pits which cause an unhealed crack or one or more healed 
cracks which, either singly or in the aggregate, are more than \1/2\ 
inch in length; and mold, brown rot, and decay; and
    (ii) Free from serious damage due to cuts, skin breaks, growth 
cracks, bruises, scab, rust, blight, disease, hail or other causes. 
Damage to any peach is serious when it causes a waste of 10 percent or 
more, by volume, of the individual peach.
    (iii) Tolerances. Not more than 10 percent, by count, of the peaches 
in any container may be below the requirements prescribed by this 
paragraph. Not more than one-half of this tolerance shall be allowed for 
any one cause. Individual containers in any lot may contain not more 
than one and one-half times the tolerances specified if the percentage 
of defects of the entire lot averages within the tolerances.
    (iv) The Federal or Federal-State Inspection Service shall make the 
final determinations on maturity through the use of color chips or other 
tests as determined appropriate by the inspection agency. The Federal or 
Federal-State Inspection Service will use the maturity guides listed in 
Table 1 in making maturity determinations for the specified varieties 
when inspecting to the ``well matured'' level of maturity. For these 
varieties, not less than 90 percent of any lot shall meet the color 
guide established for the variety, and an aggregate area of not less 
than 90 percent of the fruit surface shall meet the color guide 
established for the variety, except that for the Joanna Sweet variety of 
peaches, not less than an aggregate area of 100 percent of the fruit 
surface shall meet the color guide established for the variety. For 
varieties not listed, the Federal or Federal-State Inspection Service 
will use such tests as it deems proper. A variance for any variety from 
the application of the maturity guides specified in Table 1 may be 
granted during the season to reflect changes in crop, weather, or other 
conditions that would make the

[[Page 158]]

specified guides an inappropriate measure of ``well matured.''

                                 Table 1
------------------------------------------------------------------------
             Column A variety                  Column B maturity guide
------------------------------------------------------------------------
Angelus...................................  I
August Lady...............................  L
Autumn Flame..............................  J
Autumn Gem................................  I
Autumn Lady...............................  H
Autumn Rose...............................  H
Blum's Beauty.............................  G
Brittney Lane.............................  J
Cal Red...................................  I
Carnival..................................  I
Cassie....................................  H
Coronet...................................  E
Crimson Lady..............................  J
Crown Princess............................  J
David Sun.................................  I
Diamond Princess..........................  J
Earlirich.................................  H
Earlitreat................................  H
Early Delight.............................  H
Early Elegant Lady........................  L
Early May Crest...........................  H
Early O'Henry.............................  I
Early Top.................................  G
Elberta...................................  B
Elegant Lady..............................  L
Fairtime..................................  G
Fancy Lady................................  J
Fay Elberta...............................  C
Fire Red..................................  I
First Lady................................  D
Flamecrest................................  I
Flavorcrest...............................  G
Flavor Queen..............................  H
Flavor Red................................  G
Franciscan................................  G
Goldcrest.................................  H
Honey Red.................................  G
Joanna Sweet..............................  J
John Henry................................  J
July Elberta..............................  C
June Lady.................................  G
June Pride................................  J
Kern Sun..................................  H
Kingscrest................................  H
Kings Lady................................  I
Kings Red.................................  I
Lacey.....................................  I
Lady Sue..................................  L
Late Ito Red..............................  L
Madonna Sun...............................  J
May Crest.................................  G
May Sun...................................  I
Merrill Gem...............................  G
Merrill Gemfree...........................  G
Morning Lord..............................  J
O'Henry...................................  I
Pacifica..................................  G
Prima Gattie 8............................  L
Queencrest................................  G
Ray Crest.................................  G
Red Dancer (Red Boy)......................  I
Redhaven..................................  G
Red Lady..................................  G
Redtop....................................  G
Regina....................................  G
Rich Lady.................................  J
Rich May..................................  H
Rich Mike.................................  H
Rio Oso Gem...............................  I
Royal Lady................................  J
Royal May.................................  G
Ruby May..................................  H
Ryan Sun..................................  I
September Sun.............................  I
Sierra Crest..............................  H
Sierra Lady...............................  I
Sparkle...................................  I
Sprague Last Chance.......................  L
Springcrest...............................  G
Spring Delight............................  G
Spring Lady...............................  H
Summer Lady...............................  L
Summerset.................................  I
Summer Zee................................  L
Suncrest..................................  G
Supechfour (Amber Crest)..................  G
Super Rich................................  H
Sweet Dream...............................  J
Sweet Gem.................................  J
Sweet Mick................................  J
Sweet Scarlet.............................  J
Topcrest..................................  H
Tra Zee...................................  J
Vista.....................................  J
Willie Red................................  G
Zee Lady..................................  L
60EF32....................................  I
------------------------------------------------------------------------

    Note: Consult with the Federal or Federal-State Inspection Service 
Supervisor for the maturity guides applicable to the varieties not 
listed above.
    (v) If a grower or handler believes his/her fruit is meeting the 
appropriatematurity level but the fruit has not been so graded by the 
inspector, he/she may appeal the inspection by calling the officer-in-
charge of the local Federal-State Inspection Service office to arrange 
for an on-site examination of the fruit.
    (2) Any package or container of Earlitreat or 91002 variety peaches 
unless:
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 96 peaches in the box; or
    (ii) Such peaches in any container when packed other than as 
specified in paragraph (a)(2)(i) of this section are of a size that a 
16-pound sample, representative of the peaches in the package or 
container, contains not more than 96 peaches except for Peento type 
peaches.

[[Page 159]]

    (3) Any package or container of Snow Kist, Super Rich or Topcrest 
variety peaches unless:
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 88 peaches in the box; or
    (ii) Such peaches in any container when packed other than as 
specified in paragraph (a)(3)(i) of this section are of a size that a 
16-pound sample representative of the peaches in the package or 
container, contains not more than 92 peaches except for Peento type 
peaches.
    (4) Any package or container of Snow Dance variety peaches unless:
    (i) Such peaches when packed in molded forms (tray pack) in a No. 
22D standard lug box are of a size that will pack, in accordance with 
the requirements of standard pack, not more than 84 peaches in the box; 
or
    (ii) Such peaches when packed in a No. 12B standard fruit (peach) 
box are of a size that will pack, in accordance with the requirements of 
a standard pack, not more than 65 peaches in the box; or
    (iii) Such peaches in any container when packed other than as 
specified in paragraph (a)(4) (i) and (ii) of this section are of a size 
that a 16-pound sample, representative of the peaches in the package or 
container, contains not more than 83 peaches except for Peento type 
peaches.
    (5) Any package or container of Babcock, Bev's Red, Brittney Lane, 
Crimson Lady, Crown Princess, David Sun, Early May Crest, Flavorcrest, 
June Lady, Kern Sun, Kingscrest, May Crest, May Sun, May Sweet, Pink 
Rose, Prima Peach IV, Queencrest, Ray Crest, Redtop, Rich May, Rich 
Mike, Snow Brite, Snow Prince, Springcrest, Spring Lady, Spring Snow, 
Sugar May, Sunlit Snow (172LE81), Sweet Scarlet, White Dream, Zee 
Diamond, 012-094, or 172LE White Peach (Crimson Snow/Sunny Snow) variety 
peaches unless:
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 80 peaches in the box; or
    (ii) Such peaches when packed in a No. 12B standard fruit (peach) 
box are of a size that will pack, in accordance with the requirements of 
standard pack, not more than 65 peaches in the box; or
    (iii) Such peaches in any container when packed other than as 
specified in paragraph (a)(5) (i) and (ii) of this section are of a size 
that a 16-pound sample, representative of the peaches in the package or 
container, contains not more than 76 peaches except for Peento type 
peaches.
    (6) Any package or container of August Lady, Autumn Flame, Autumn 
Red, Autumn Rose, Autumn Snow, Cal Red, Cassie, Champagne, Coral 
Princess, Country Sweet, Diamond Princess, Earlirich, Early Elegant 
Lady, Elegant Lady, Fairtime, Fancy Lady, Fay Elberta, Flamecrest, 
Flaming Dragon, Full Moon, Garnet Jewel, Ivory Princess, Jillie White, 
Joanna Sweet, John Henry, July Flame, June Pride, Kaweah, Kings Lady, 
Klondike, Lacey, Late Ito Red, Madonna Sun, Morning Lord, O'Henry, 
Pretty Lady, Prima Gattie 8, Prima Peach 13, Prima Peach 20, Prima Peach 
23, Prima Peach XXV, Prima Peach XXVII, Princess Gayle, Queen Lady, Red 
Dancer, Red Sun, Rich Lady, Royal Lady, Ryan Sun, Saturn (Donut), 
Scarlet Snow, September Flame, September Snow, September Sun, Sierra 
Gem, Sierra Lady, Snow Blaze, Snow Fall, Snow Gem, Snow Giant, Snow 
Jewel, Snow King, Sprague Last Chance, Spring Gem, Sugar Giant, Sugar 
Lady, Summer Dragon, Summer Lady, Summer Sweet, Summer Zee, Supechfour 
(Amber Crest), Sweet Dream, Sweet Gem, Sweet Kay, Sweet September, Tra 
Zee, Vista, White Lady, Zee Lady, or 24-SB variety peaches unless:
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
than 72 peaches in the box, or, if the peaches are ``well matured,'' not 
more than 80 peaches in the box; or
    (ii) Such peaches when packed in a No. 12B standard fruit (peach) 
box are

[[Page 160]]

of a size that will pack in accordance with the requirements of standard 
pack, not more than 65 peaches in the lug box.
    (iii) Such peaches in any container when packed other than as 
specified in paragraphs (a)(6)(i) and (ii) of this section are of a size 
that a 16-pound sample, representative of the peaches in the package or 
container, contains not more than 64 peaches, or if the peaches are 
``well matured,'' not more than 73 peaches, except for Peento Type 
peaches.
    (b) During the period April 1 through June 30 of each fiscal period, 
no handler shall handle any package or container of any variety of 
peaches not specifically named in paragraphs (a)(2), (a)(3), (a)(4), 
(a)(5), or (a)(6) of this section unless:
    (1) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 96 peaches in the box; or
    (2) Such peaches when packed in a No. 12B standard fruit (peach) box 
are of a size that will pack in accordance with the requirements of 
standard pack, not more than 65 peaches in the box; or
    (3) Such peaches in any container when packed other than as 
specified in paragraphs (b)(1) and (b)(2) of this section are of a size 
that a 16-pound sample, representative of the peaches in the package or 
container, contains not more than 96 peaches.
    (c) During July 1 through October 31 of each fiscal period, no 
handler shall handle any package or container of any variety of peaches 
not specifically named in paragraphs (a)(2), (a)(3), (a)(4), (a)(5), or 
(a)(6) of this section unless:
    (1) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 80 peaches in the box; or
    (2) Such peaches when packed in a No. 12B standard fruit (peach) box 
are of a size that will pack in accordance with the requirements of 
standard pack, not more than 65 peaches in the box; or
    (3) Such peaches in any container when packed other than as 
specified in paragraphs (c)(1) and (c)(2) of this section are of a size 
that a 16-pound sample, representative of the peaches in the package or 
container, contains not more than 73 peaches.
    (d) The following procedure shall be used in determining whether 
peaches meet the minimum size requirements specified for each size 
category in this section applying a 16-pound sample. A sample consisting 
of one-half of the number of fruit specified for a 16-pound sample for a 
particular size category shall be used, provided such sample weighs at 
least eight pounds. When one-half the specified number of fruit in a 
sample results in a number ending with one-half a fruit, the smaller 
full number of fruit shall be used to determine the sample weight. If a 
sample fails with respect to minimum size requirements on the basis of 
an 8-pound sample, a 16-pound sample shall be used to determine if the 
fruit meets the minimum size requirements.
    (e) Container tolerances. The contents of individual packages in the 
lot are subject to the following limitations, provided the averages for 
the entire lot are within the tolerances specified in this part:
    (1) For packages which contain more than 10 pounds, and a tolerance 
of 10 percent or more is provided, individual packages shall have not 
more than one and one-half times the tolerance specified. For packages 
which contain more than 10 pounds and a tolerance of less than 10 
percent is provided, individual packages shall have not more than double 
the tolerance specified.
    (2) For packages which contain 10 pounds or less, individual 
packages are not restricted as to the percentage of defects.
    (f) As used herein, U.S. No. 1, mature, and standard pack, mean the 
same as defined in the United States Standards for Grades of Peaches (7 
CFR 51.1210 through 51.1223); and No. 22D standard lug box and No. 12B 
standard fruit (peach) box mean the same as defined in section 1380.19 
(18) of the ``Regulations of the California Department of Food and 
Agriculture''. Well matured means a

[[Page 161]]

condition distinctly more advanced than mature.

[59 FR 15841, Apr. 5, 1994, as amended at 60 FR 14896, Mar. 21, 1995; 60 
FR 30997, June 12, 1995; 61 FR 13392, Mar. 27, 1996; 61 FR 19164, May 1, 
1996; 62 FR 15361, Apr. 1, 1997; 62 FR 50860, Sept. 29, 1997; 63 FR 
16042, Apr. 1, 1998; 64 FR 19033, Apr. 19, 1999; 66 FR 17486, Apr. 2, 
2001; 66 FR 39620, Aug. 1, 2001; 67 FR 16296, Apr. 5, 2002; 67 FR 37319, 
May 29, 2002; 67 FR 53289, Aug. 15, 2002]



Sec. 917.461  Pear Regulation 12.

    (a) No handler shall ship:
    (1) Bartlett or Max-Red (Max-Red Bartlett, Red Bartlett) varieties 
of pears which do not grade at least U.S. Combination with not less than 
80 percent, by count, of the pears grading at least U.S. No. 1: 
Provided, That for the 1992 crop year, no handler shall ship organic 
pears of these varieties unless they grade at least U.S. Combination 
with not less than 50 percent, by count, grading at least U.S. No. 1 and 
the remainder grading at least U.S. No. 2, except that russeting shall 
not be scored as a defect for such organic pears. Handlers who intend to 
ship organic pears in accordance with this paragraph shall provide, upon 
request of the committee, with the approval of the Secretary, 
information to indicate that the pears were grown in accordance with the 
provisions of paragraph (b)(5) of this section.
    (2) Any box or container, including consumer packages in master 
containers and consumer packages not in master containers, of Bartlett 
or Max-Red (Max-Red Bartlett, Red Bartlett) varieties of pears unless 
such pears are of a size not smaller than the size known commercially as 
size 165;
    (3) Any box or container, other than consumer packages in master 
containers and consumer packages not in master containers, of Bartlett 
or Max-Red (Max-Red Bartlett, Red Bartlett) varieties of pears unless 
such box or container is stamped or otherwise marked, in plain sight and 
in plain letters, on one outside end with the name of the variety;
    (4) Bartlett or Max-Red (Max-Red Bartlett, Red Bartlett) varieties 
of pears, when packed in closed containers, other than consumer packages 
in master containers and consumer packages not in master containers, 
unless such box or container conforms to the requirement of standard 
pack, except that such pears may be fairly tightly packed;
    (5) Bartlett or Max-Red (Max-Red Bartlett, Red Bartlett) varieties 
of pears, when packed in other than a closed container, unless such 
pears do not vary more than \3/8\ inch in their transverse diameter for 
counts 120 or less, and \1/4\ inch for counts 135 to 165, inclusive: 
Provided, That 10 percent of the containers in any lot may fail to meet 
the requirements of this subparagraph: Provided further, That such 
varieties of pears shipped in bulk bin containers containing 300 pounds 
or more of pears shall be exempt from the requirements in this 
subparagraph.
    (6) Any volume-filled box or container of Bartlett or Max-Red (Max-
Red Bartlett, Red Bartlett) varieties of pears (not packed in rows and 
not wrap packed), other than consumer packages in master containers and 
consumer packages not in master containers, unless (i) such boxes or 
containers are well filled with pears fairly uniform in size; (ii) such 
pears are packed fairly tight; (iii) there is an approved top pad in 
each box or container that will cover the fruit with no more than \1/4\ 
inch between the pad and any side or end of the box or container; and 
(iv) the top of the box or container shall be securely fastened to the 
bottom: Provided, That 10 percent of the boxes or containers in any lot 
may fail to meet the requirements of this paragraph.
    (7) Each master container, when filled with pears packed in consumer 
packages, shall bear on one outside end in plain sight and plain letters 
the varietal name and size description of the contents; the number of 
consumer packages packed in the master container; the net weight of each 
consumer package; and the name and address, including zip code, of the 
handler.
    (8) Each individual consumer package shall bear the name and 
address, including the zip code, of the handler and the net weight of 
the contents. When a consumer package is not shipped in a master 
container, it must also bear the varietal name, number and size 
description of pears contained in the package.

[[Page 162]]

    (b) Definitions. (1) Size known commercially as size 165 means a 
size of pear that will pack a standard pear box, packed in accordance 
with the specifications of standard pack, with 165 pears and that one-
half of the count size designated, representative of the size of the 
pears in the box or container, shall weigh at least 22 pounds.
    (2) Standard pear box means the container so designated in 
Sec. 1380.19 of the regulations of the California Department of Food and 
Agriculture.
    (3) U.S. No. 1, U.S. No. 2, U.S. Combination, and Standard Pack mean 
the same as defined in the United States Standards for Summer and Fall 
Pears (7 CFR 51.1260 to 51.1280).
    (4) Approved top pad shall mean a pad of wood-type excelsior 
construction, fairly uniform in thickness, weighing at least 160 pounds 
per 1,000 square feet (e.g., an 11 inch by 17 inch pad will weigh at 
least 21 pounds per 100 pads) or an equivalent made of material other 
than wood excelsior approved by the committee.
    (5) Organic pears means pears which are produced, harvested, 
distributed, stored, processed and packaged without application of 
synthetically compounded fertilizers, pesticides, or growth regulators. 
In addition, no synthetically compounded fertilizers, pesticides, or 
growth regulators shall be applied by the grower to the field or area in 
which the pears are grown for 12 months prior to the appearance of 
flower buds and throughout the entire growing and harvest season for 
pears.
    (6) Consumer package means a package holding 15 pounds or less net 
weight of pears.

[46 FR 48116, Oct. 1, 1981, as amended at 47 FR 34116, Aug. 6, 1982; 54 
FR 32796, Aug. 10, 1989; 55 FR 25958, June 26, 1990; 56 FR 32063, July 
15, 1991; 57 FR 31093, July 14, 1992]

    Effective Date Note: At 59 FR 10056, Mar. 3, 1994, Sec. 917.461 was 
suspended, effective April 4, 1994.



PART 920--KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents




                               Definitions

Sec.
920.1  Secretary.
920.2  Act.
920.3  Person.
920.4  Production area.
920.5  Kiwifruit.
920.6  Varieties.
920.7  Fiscal period.
920.8  Committee.
920.9  Grower.
920.10  Handler.
920.11  Handle.
920.12  District.
920.13  Pack.
920.14  Container.

                           Administrative Body

920.20  Establishment and membership.
920.21  Term of office.
920.22  Nomination.
920.23  Selection.
920.24  Failure to nominate.
920.25  Acceptance.
920.26  Vacancies.
920.27  Alternate members.
920.30  Powers.
920.31  Duties.
920.32  Procedure.
920.33  Expenses and compensation.
920.34  Annual report.

                        Expenses and Assessments

920.40  Expenses.
920.41  Assessments.
920.42  Accounting.

                               Regulations

920.50  Marketing policy.
920.51  Recommendations for regulation.
920.52  Issuance of regulations.
920.53  Modification, suspension, or termination of regulations.
920.54  Special purpose shipments.
920.55  Inspection and certification.

                                 Reports

920.60  Reports.

                        Miscellaneous Provisions

920.61  Compliance.
920.62  Right of the Secretary.
920.63  Termination.
920.64  Proceeding after termination.
920.65  Effect of termination or amendment.
920.66  Duration of immunities.
920.67  Agents.
920.68  Derogation.
920.69  Personal liability.
920.70  Separability.
920.110  Exemptions.
920.112  Late payments.
920.122  Nomination procedures.
920.131  Redistricting of kiwifruit districts.
920.160  Reports.
920.213  Assessment rate.
920.302  Grade, size, pack, and container regulations.
920.303  Container marking regulations.

    Authority: 7 U.S.C. 601-674.

[[Page 163]]


    Source: 49 FR 39658, Oct. 10, 1984, unless otherwise noted.

                               Definitions



Sec. 920.1  Secretary.

    Secretary means the Secretary of Agriculture of the United States, 
or any officer or employee of the Department of whom authority has 
heretofore been delegated, or to whom authority may hereafter be 
delegated.



Sec. 920.2  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 (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.).



Sec. 920.3  Person.

    Person means an individual, partnership, corporation, association or 
any other business unit.



Sec. 920.4  Production area.

    Production area means the State of California.



Sec. 920.5  Kiwifruit.

    Kiwifruit means all varieties of kiwifruit, or kiwi grown in the 
production area.

[58 FR 65102, Dec. 13, 1993]



Sec. 920.6  Varieties.

    Varieties means and includes all classifications or subdivisions of 
kiwifruit.



Sec. 920.7  Fiscal period.

    Fiscal period is synonymous with fiscal year and means a 12-month 
period beginning on August 1 of one year and ending on the last day of 
July of the following year or such other period as the committee, with 
the approval of the Secretary, may prescribe.



Sec. 920.8  Committee.

    Committee means the Kiwifruit Administrative Committee established 
pursuant to Sec. 920.20.



Sec. 920.9  Grower.

    Grower is synonymous with producer and means any person who produces 
kiwifruit for the fresh market and who has a proprietary interest 
therein.



Sec. 920.10  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting kiwifruit owned by another 
person) who handles kiwifruit.



Sec. 920.11  Handle.

    Handle and ship are synonymous and mean to sell, consign, deliver, 
or transport kiwifruit, or to cause kiwifruit to be sold, consigned, 
delivered, or transported, between the production area and any point 
outside thereof, or within the production area: Provided, That the term 
handle shall not include the sale of kiwifruit on the vine, the 
transportation within the production area of kiwifruit from the vineyard 
where grown to a packing facility located within such area for 
preparation for market, or the delivery of such kiwifruit to such 
packing facility for such preparation.



Sec. 920.12  District.

    District means the applicable one of the following described 
subdivisions of the production area or such other subdivision as may be 
prescribed pursuant to Sec. 920.31:
    (a) District 1 shall include the counties of Siskiyou, Modoc, 
Shasta, Lassen, Tehama, Plumas, and Butte (with the exception of that 
area set aside as ``District 2'').
    (b) District 2 shall include the 95948 postal zip code area known as 
Gridley (and the surrounding area), incorporating the area located 
within the following boundaries: The area west of the Feather River; 
north of the Butte/Sutter county line; east of Pennington and Riley 
Roads; and south of Farris Road, Ord Ranch Road and Gridley Avenue.
    (c) District 3 shall include the counties of Yuba, Sutter, Sierra, 
Nevada, and Placer.
    (d) District 4 shall include the counties Del Norte, Humboldt, 
Trinity, Mendocino, Lake, Sonoma, Marin, Napa, Solano, Yolo, Colusa, and 
Glenn.
    (e) District 5 shall include the counties of San Joaquin, Calaveras, 
Tuolumne, Merced, Stanislaus, Contra

[[Page 164]]

Costa, El Dorado, Amador, Sacramento, Alpine, San Francisco, Alameda, 
San Mateo, Santa Clara, Santa Cruz, San Benito and Monterey.
    (f) District 6 shall include the counties of Mono, Mariposa, Madera, 
Fresno and Kings.
    (g) District 7 shall include the counties of Tulare and Inyo.
    (h) District 8 shall include the counties of San Luis Obispo, Santa 
Barbara, San Bernardino, Kern, Ventura, Los Angeles, Orange, Riverside, 
San Diego and Imperial.



Sec. 920.13  Pack.

    Pack means the specific arrangement, size, weight, count, or grade 
of a quantity of kiwifruit in a particular type and size of container, 
or any combination thereof.



Sec. 920.14  Container.

    Container means a box, bag, crate, lug, basket, carton, package, or 
any other type of receptacle used in the packaging or handling of 
kiwifruit.

                           Administrative Body



Sec. 920.20  Establishment and membership.

    There is hereby established a Kiwifruit Administrative Committee 
consisting of 12 members, each of whom shall have an alternate who shall 
have the same qualifications as the member for whom he or she is an 
alternate. The 12-member committee shall be made up of the following: 
One public member (and alternate); one member (and alternate) from each 
of the eight California districts; three additional committee members 
and their alternates to be selected from the three districts with the 
three highest volumes of fresh shipments in the prior fiscal period; 
Provided, That no more than a total of two members and their alternates 
shall represent any one district. With the exception of the public 
member and alternate, all members and their respective alternates shall 
be growers or employees of growers.

[57 FR 1219, Jan. 12, 1992]



Sec. 920.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall be for two years from the date of their selection and 
until their successors are selected. The term of office of the three 
additional grower members and their alternates selected from the three 
districts shipping the highest volumes of kiwifruit in the prior fiscal 
period shall be for two years. The terms of office shall begin on August 
1 and end on the last day of July, or such other dates as the committee 
may recommend and the Secretary approve. Members may serve up to three 
consecutive 2-year terms not to exceed 6 consecutive years as members. 
Alternate members may serve up to three consecutive 2-year terms not to 
exceed 6 consecutive years as alternate members.

[57 FR 1219, Jan. 12, 1992]



Sec. 920.22  Nomination.

    (a) Except as provided in paragraph (b) of this section, the 
committee shall hold, or cause to be held, not later than July 15 of 
each year, or such other date as may be specified by the Secretary, a 
meeting or meetings of growers in each district for the purpose of 
designating nominees to serve as grower members and alternates on the 
committee. Any such meetings shall be supervised by the committee, which 
shall prescribe such procedures as shall be reasonable and fair to all 
persons concerned.
    (b) Nominations in any or all districts may be conducted by mail in 
a manner recommended by the committee and approved by the Secretary.
    (c) Only growers may participate in the nomination of grower members 
and their alternates. Each grower shall be entitled to cast only one 
vote for each position to be filled in the district in which such grower 
produces kiwifruit. No grower shall participate in the election of 
nominees in more than one district in any one fiscal year.
    (d) A particular grower shall be eligible for membership as member 
or alternate member to fill only one position on the committee.
    (e) The public member and alternate shall be nominated by the grower 
members of the committee.

[57 FR 1219, Jan. 12, 1992]

[[Page 165]]



Sec. 920.23  Selection.

    From the nominations made pursuant to Sec. 920.22, or from other 
qualified persons, the Secretary shall select the 12 members of the 
committee and an alternate for each such member, with the exception of 
the public member and alternate member, who shall be selected by the 
Secretary in his discretion.



Sec. 920.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 920.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of the representation provided for in Sec. 920.20.



Sec. 920.25  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.



Sec. 920.26  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 
member or alternate member of the committee, a successor for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected, or, in the case of the public member and 
alternate, selected by the Secretary in his discretion, in the manner 
specified in Secs. 920.22 and 920.23. If the names of nominees to fill 
any such vacancy are not made available to the Secretary within a 
reasonable time after such vacancy occurs, the Secretary may fill such 
vacancy without regard to nominations, which selection shall be made on 
the basis of representation provided for in Sec. 920.20.



Sec. 920.27  Alternate members.

    An alternate member of the committee, during the absence of either 
the member for whom that individual is an alternate, or, in the case of 
districts with two grower positions on the committee, the other member 
and that member's alternate, shall act in the place and stead of such 
member and perform such other duties as assigned. In the event of the 
death, removal, resignation, or disqualification of a member, the 
alternate of such member shall act for him or her until a successor for 
such member is selected and has qualified.



Sec. 920.30  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 920.31  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairperson and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents and representatives as it may 
deem necessary, and to determine compensation and to define the duties 
of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal period a budget for such fiscal period, 
including a report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such period;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a public accountant at least 
once each fiscal year and at such times as the Secretary may request;

[[Page 166]]

    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate and assemble data on the growing, handling and 
marketing conditions with respect to kiwifruit;
    (i) To submit to the Secretary the same notice of meetings of the 
committee as is given to its members;
    (j) To submit to the Secretary such available information as may be 
requested;
    (k) To investigate compliance with the provisions of this part;
    (l) 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 any such 
changes shall reflect, insofar as practicable, shifts in kiwifruit 
production within the districts and the production area.



Sec. 920.32  Procedure.

    (a) Eight members of the committee, or alternates acting for 
members, shall constitute a quorum and any action of the committee shall 
require the concurring vote of the majority of those present: Provided, 
That actions of the committee with respect to expenses and assessments, 
or recommendations for regulations pursuant to Secs. 920.50 through 
920.55, of this part shall require at least eight concurring votes.
    (b) The committee may vote by telephone, telegraph, or other means 
of communication, and any votes so cast shall be confirmed promptly in 
writing; Provided, That if an assembled meeting is held, all votes shall 
be cast in person.



Sec. 920.33  Expenses and compensation.

    (a) Except for the public member and alternate, the members of the 
committee, and alternates when acting as members, shall serve without 
compensation but shall be reimbursed for expenses necessarily incurred 
by them 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, including the public alternate, at any or all 
meetings notwithstanding the expected or actual presence of the 
respective members and may pay expenses as aforesaid.
    (b) The public member and alternate shall be reimbursed for expenses 
necessarily incurred by them in the performance of their duties under 
this part, and shall receive per diem compensation established by the 
committee.



Sec. 920.34  Annual report.

    The committee shall, as soon as is practicable after the close of 
each marketing season, prepare and mail an annual report to the 
Secretary and make a copy available to each grower and handler who 
requests a copy of the report.

                        Expenses and Assessments



Sec. 920.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds 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 Sec. 920.41.



Sec. 920.41  Assessments.

    (a) As his or her pro rata share of the expenses which the Secretary 
finds are reasonable and likely to be incurred by the committee during a 
fiscal period, each person who first handles kiwifruit during such 
period shall pay to the committee, upon demand, assessments on all 
kiwifruit so handled. 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. If a handler 
does not pay any assessment within the time prescribed by the committee, 
the assessment may be subject to an interest or late payment charge, or 
both, as may be established by the Secretary upon recommendation of the 
committee.
    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person during a fiscal period in an amount designed to secure 
sufficient funds to

[[Page 167]]

cover the expenses which may be incurred during such period and to 
accumulate and maintain a reserve fund equal to approximately one fiscal 
period's expenses. At any time during or after the fiscal period, 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 which may be incurred: Provided, That any assessment, 
excluding any amount collected pursuant to Sec. 920.55(c), must be 
limited to a maximum assessment rate of three and one-half cents per 
flat, or the equivalent thereof. The Secretary may increase this maximum 
rate in each succeeding year after the initial year of order operation 
by the Consumer Price Index (cost of living) for California as published 
by the Bureau of Labor Statistics. Such increase shall be applied to all 
kiwifruit handled during the applicable fiscal period. In order to 
provide funds for the administration of the provisions of this part 
during the first part of a fiscal period before sufficient operating 
income is available from assessments on the current year's shipments, 
the committee may accept the payment of assessments in advance, and may 
also borrow money for such purposes.

[49 FR 39658, Oct. 10, 1984, as amended at 57 FR 1220, Jan. 12, 1992]



Sec. 920.42  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: Provided, That any sum paid 
by a person in excess of his or her 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 person.
    (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 equal approximately one 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 insufficient to cover such expenses; (ii) to cover deficits incurred 
during any fiscal year 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; and, (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: Provided, That 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 or her 
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.

                               Regulations



Sec. 920.50  Marketing policy.

    (a) Each season prior to making any recommendations pursuant to 
Sec. 920.51, the committee shall submit to the Secretary a report 
setting forth its marketing policy for the ensuing marketing season. 
Such marketing policy report shall contain information relative to:
    (1) The estimated total production of kiwifruit within the 
production area;

[[Page 168]]

    (2) The expected general quality and size of kiwifruit in the 
production area and in other areas;
    (3) The expected demand conditions for kiwifruit in different market 
outlets;
    (4) The expected shipments of kiwifruit produced in the production 
area and in areas outside the production area;
    (5) Supplies of competing commodities;
    (6) Trend and level of consumer income;
    (7) Other factors having a bearing on the marketing of kiwifruit; 
and
    (8) The type of regulations expected to be recommended during the 
marketing season.
    (b) [Reserved]



Sec. 920.51  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of any variety or varieties of kiwifruit in the manner provided 
in Sec. 920.52, it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the committee shall give consideration to 
current information with respect to the factors affecting the supply and 
demand for kiwifruit during the period or periods when it is proposed 
that such regulations should be made effective. With each such 
recommendation for regulation, the committee shall submit to the 
Secretary the data and information on which such recommendation is 
predicated and such other available information as the Secretary may 
request.



Sec. 920.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of kiwifruit whenever the Secretary finds, from 
the recommendations and information submitted by the committee, or from 
other available information, that such regulations will tend to 
effectuate the declared policy of the act. Such regulations may:
    (1) Limit, during any period or periods, the shipment of any 
particular grade, size, quality, maturity, or pack, or any combination 
thereof, of any variety or varieties of kiwifruit grown in the 
production area;
    (2) Limit the shipment of kiwifruit by establishing, in terms of 
grades, sizes, or both, minimum standards of quality and maturity during 
any period when season average prices are expected to exceed the parity 
level;
    (3) Fix the size, capacity, weight, dimensions, markings, or pack of 
the container, or containers, which may be used in the packaging or 
handling of kiwifruit.
    (b) The committee shall be informed immediately of any such 
regulation issued by the Secretary and the committee shall promptly give 
notice thereof to handlers.



Sec. 920.53  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 920.52 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds from the recommendations and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of kiwifruit in order to 
effectuate the declared policy of the act, the Secretary shall modify, 
suspend, or terminate such regulation. If the Secretary finds that a 
regulation obstructs or does not tend to effectuate the declared policy 
of the act, the Secretary shall suspend or terminate such regulation. On 
the same basis and in like manner the Secretary may terminate any such 
modification or suspension.



Sec. 920.54  Special purpose shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 920.41, 920.52, 920.53 and 
920.55 and the regulations issued thereunder, handle kiwifruit: (1) For 
consumption by charitable institutions; (2) for distribution by relief 
agencies; or (3) for commercial processing into products.
    (b) Upon the basis of recommendations and information submitted by 
the

[[Page 169]]

committee, or from other available information, the Secretary may 
relieve from any or all requirements, under or established pursuant to 
Sec. 920.41, Sec. 920.52, Sec. 920.53 or Sec. 920.55, the handling of 
kiwifruit: (1) To designated market areas; (2) for such specified 
purposes (including shipments to facilitate the conduct of marketing 
research and development projects); or, (3) in such minimum quantities 
or types of shipments, as may be prescribed.
    (c) The committee shall, with the approval of the Secretary, 
prescribe such rules, regulations, and safeguards as it may deem 
necessary to prevent kiwifruit handled under the provisions of this 
section from entering the channels of trade for other than the specific 
purposes authorized by this section. Such rules, regulations, and 
safeguards may include the requirements that handlers shall file 
applications and receive approval from the committee for authorization 
to handle kiwifruit pursuant to this section, and that such applications 
be accompanied by a certification by the intended purchaser or receiver 
that the kiwifruit will not be used for any purpose not authorized by 
this section.



Sec. 920.55  Inspection and certification.

    (a) Whenever the handling of any variety of kiwifruit is regulated 
pursuant to Sec. 920.52, or Sec. 920.53, each handler who handles 
kiwifruit shall, prior thereto, cause such kiwifruit to be inspected by 
the Federal or Federal-State Inspection Service and certified as meeting 
the applicable requirements of such regulation: Provided, That 
inspection and certification shall not be required for kiwifruit which 
previously have been so inspected and certified if such prior inspection 
was performed within such period as may be established pursuant to 
paragraph (b) of this section. Promptly after inspection and 
certification, each such handler shall submit, or cause to be submitted, 
to the committee a copy of the certificate of inspection issued with 
respect to such kiwifruit. The committee may, with the approval of the 
Secretary, prescribe rules and regulations waiving the inspection 
requirements of this section where it is determined that inspection is 
not available: Provided, That all shipments made under such waiver shall 
comply with all regulations in effect.
    (b) The committee may, with the approval of the Secretary, establish 
a period prior to shipment during which the inspection required by this 
section must be performed.
    (c) The committee may enter into an agreement with the Federal and 
Federal-State Inspection Services with respect to the costs of the 
inspection required by paragraph (a) of this section, and may collect 
from handlers their respective pro rata shares of such costs.

                                 Reports



Sec. 920.60  Reports.

    (a) Each handler shall furnish to the committee, at such times and 
for such periods as the committee may designate, certified reports 
covering, to the extent necessary for the committee to perform its 
functions, each shipment of kiwifruit as follows:
    (1) The name of the shipper and the shipping point;
    (2) The car or truck license number (or name of the trucker), and 
identification of the carrier;
    (3) The date and time of departure;
    (4) The number and type of containers in the shipment;
    (5) The quantities shipped, showing separately the variety, size and 
grade of the fruit;
    (6) The destination;
    (7) Identification of the inspection certificate or waiver pursuant 
to which the fruit was handled.
    (b) 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 times as it may prescribe, such other information as may be 
necessary to enable the committee to perform its duties under this part.
    (c) Each handler shall maintain for at least two succeeding fiscal 
years, such records of the kiwifruit received and disposed of by such 
handler as may be necessary to verify the reports submitted to the 
committee pursuant to this section.
    (d) All reports and records submitted by handlers pursuant to the 
provisions of this section shall be received by, and

[[Page 170]]

at all times be in custody of, one or more designated employees of the 
committee. No such employee shall disclose to any person, other than the 
Secretary upon request therefor, data or information obtained or 
extracted from such reports and records which might affect the trade 
position, financial condition, or business operation of the particular 
handler from whom received: Provided, That such data and information may 
be combined, and made available to any person, in the form of general 
reports in which the identities of the individual handler furnishing the 
information, is not disclosed but may be revealed to any extent 
necessary to effect compliance with the provisions of this part and the 
regulations issued thereunder.

                        Miscellaneous Provisions



Sec. 920.61  Compliance.

    (a) Except as provided in this part, no person shall handle 
kiwifruit, the shipment of which has been prohibited by the Secretary in 
accordance with the provisions of this part; and no person shall handle 
kiwifruit except in conformity with the provisions of this part and the 
regulations issued under this part.
    (b) For the purpose of checking and verifying reports filed by 
handlers, 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 kiwifruit held by such handler, and any and all records of the 
handler with respect to his or her acquisition, sales, uses and 
shipments of kiwifruit. Each handler shall furnish all labor and 
equipment necessary to make such inspections.



Sec. 920.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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 accordance therewith prior to such disapproval by 
the Secretary.



Sec. 920.63  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 in which the Secretary may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part whenever the Secretary finds that 
such provisions do not tend to effectuate the declared policy of the 
act.
    (c) The Secretary shall terminate the provisions of this part 
whenever the Secretary finds by referendum or otherwise that such 
termination is favored by a majority of the growers: Provided, That such 
majority has, during the current marketing season, produced more than 50 
percent of the volume of the kiwifruit which were produced within the 
production area for shipment in fresh form. Such termination shall 
become effective on the first day of August subsequent to the 
announcement thereof by the Secretary.
    (d) The committee shall consider all petitions from growers 
submitted to it for termination of this part provided such petitions are 
received by the committee prior to February 1 of the then current fiscal 
period. Upon recommendation of the committee received not later than 
April 1 of the then current fiscal period, the Secretary shall conduct a 
referendum among the growers prior to July 15 of such fiscal period to 
ascertain whether continuance of this part is favored by producers.
    (e) The Secretary shall conduct a referendum within the period 
beginning May 15, 1990, and ending July 15, 1990, to ascertain whether 
continuance of this part is favored by the growers as set forth in 
paragraph (c) of this section. The Secretary shall conduct such a 
referendum within the same period of every sixth fiscal period 
thereafter.
    (f) The provisions of this part shall, in any event, terminate 
whenever the

[[Page 171]]

provisions of the act authorizing them cease to be in effect.



Sec. 920.64  Proceeding after termination.

    (a) Upon the termination of the provisions of this part, the 
committee shall, for the purpose of liquidating the affairs of the 
committee, continue as trustee 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.
    (b) The said trustees shall: (1) Continue in such capacity until 
discharged by the Secretary; (2) 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 (3) 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 of the trustees 
pursuant thereto.
    (c) 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 the trustees.



Sec. 920.65  Effect of termination or amendment.

    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 under this part, or (b) 
release or extinguish any violation of this part or of any regulation 
issued under this part, or (c) affect or impair any rights or remedies 
of the Secretary or of any other person with respect to any such 
violation.



Sec. 920.66  Duration of immunities.

    The benefits, priviliges, 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.



Sec. 920.67  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 
United States Department of Agriculture, to act as the Secretary's agent 
or representative in connection with any of the provisions of this part.



Sec. 920.68  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.



Sec. 920.69  Personal liability.

    No member or alternate 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.



Sec. 920.70  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.



Sec. 920.110  Exemptions.

    (a) Waivers. A handler may handle kiwifruit without inspection and 
certification, as prescribed under Sec. 920.55, if all shipments made 
under such waivers comply with all regulations in effect, and all the 
following conditions are met:

[[Page 172]]

    (1) The handler requests the Federal-State Inspection Service to 
provide inspection during its regular working hours at least 4 hours in 
advance of the time when inspection is needed. The request need not be 
in writing but it shall be confirmed immediately in writing by the 
inspection service.
    (2) The Federal-State Inspection Service advises the handler that it 
is not practicable to provide inspection at the time and place 
designated by the handler. This advice may be verbal but it shall be 
confirmed in writing by the Federal-State Inspection Service. A 
confirmed copy thereof shall be forwarded by the inspection service to 
the office of the Kiwifruit Administrative Committee.
    (3) The Federal-State Inspection Service furnishes the handler with 
the waiver number which shall cover the kiwifruit on which inspection is 
requested.
    (4) When instructed to do so, the handler plainly and conspicuously 
marks the end of each container with the letter ``W'' and the waiver 
number assigned by the Federal-State Inspection Service. The letter 
``W'' and the number shall not be less than one-half inch in height.
    (b) Minimum quantities. Notwithstanding any other provision of this 
section, kiwifruit may be handled without regard to the provision of 
Secs. 920.41, 920.52, 920.55 and 920.60 under the following conditions:
    (1) Such kiwifruit are for home use and not for resale.
    (2) The total weight of such kiwifruit sold to all persons 
collectively in any one vehicle during any one day does not exceed 200 
pounds.
    (3) Such kiwifruit are handled by the person who produced them and, 
the handling takes place: (i) On the premises where grown, (ii) at a 
packing house, or retail stand (roadside stand, flea market or any other 
outlet approved by the committee) which is operated by said handler, or 
(iii) at a Certified Farmers Market.

[50 FR 4856, Feb. 4, 1985, as amended at 53 FR 34035, Sept. 2, 1988]



Sec. 920.112  Late payments.

    Pursuant to Sec. 920.41(a), interest will be charged at a 1.5 
percent monthly simple interest rate. Assessments for kiwifruit shall be 
deemed late if not received within 30 days of invoice, or such other 
later time period as specified by the committee. A 10 percent late 
charge will be assessed when payment becomes 30 days late. Interest and 
late payment charges shall be applied only to the overdue assessment.

[62 FR 45295, Aug. 27, 1997]



Sec. 920.122  Nomination procedures.

    (a) The manner of nominating grower members and alternate members to 
the committee shall be as follows:
    (1) The committee's mailing of an approved nomination form to all 
kiwifruit growers of record shall constitute notice of nominations. All 
eligible kiwifruit growers may nominate themselves or any other eligible 
kiwifruit grower to vacant committee positions for the nominee's 
district. Completed nomination forms shall be returned to the office of 
the committee by a date specified by the committee and approved by an 
agent of the Secretary. Nomination forms shall provide for names of 
nominees, as well as the nominating grower's name, address, telephone 
number, and signature. Incomplete nominations forms will not be 
considered valid.
    (2) For each district involved in the current year's nominations, 
committee staff, with the Secretary's oversight, shall establish a slate 
of candidates with the names of all qualified nominees received. Persons 
submitting invalid nomination forms shall be notified of such by the 
committee. Within a reasonable time period, a ballot containing a slate 
of candidates shall be mailed to all growers of record within the 
respective district represented by such candidates. The committee shall 
provide a reasonable period of time to growers to cast votes on the 
candidates and return the completed ballots for tallying.
    (3) To be eligible to vote, growers must be producing kiwifruit 
during the crop year nominations are held and within the district 
represented by the candidates on the ballot. A grower may only vote for 
candidates from one district and may only cast one ballot. Growers may 
also cast votes for eligible candidates who do not appear on

[[Page 173]]

the ballots by writing in the name of such candidates on the ballot. 
Each ballot shall provide for a voter eligibility certification which 
must include the voter's name, address, telephone number, and signature, 
as well as the name(s) of all handlers which handled the current 
season's crop. At the discretion of the Secretary, the ballots may 
include other background information about each candidate.
    (4) In order to be valid, ballots must be executed in accordance 
with the instructions set forth on the ballot, and are to be returned to 
the Secretary's agent who will tally the ballots with such assistance 
from the committee as may be requested by the agent. Such ballots shall 
be postmarked by a date specified by the committee and approved by an 
agent of the Secretary.
    (5) The names of the persons receiving the highest total number of 
votes for a particular position shall be submitted to the Secretary as 
the nominees for such positions. In the event of a tie vote, a ballot 
containing only the names of the candidates receiving the tied vote 
shall be mailed to all growers in the affected district.
    (b) In the event of a vacancy as specified in Sec. 920.26, the 
committee shall utilize the same procedure as prescribed in 
Sec. 920.122(a)(1) through (a)(5) to fill such vacancy.

[57 FR 62160, Dec. 30, 1992]



Sec. 920.131  Redistricting of kiwifruit districts.

    Pursuant to Sec. 920.31(l) the districts are redefined as follows:
    (a) District 1 shall include the counties of Del Norte, Siskiyou, 
Modoc, Humboldt, Trinity, Shasta, Lassen, Mendocino, Tehama, Plumas, 
Glenn, Lake, Colusa, Sonoma, Yolo, Solano, Napa, Marin, Sacramento, 
Sierra, Nevada, Placer, El Dorado, Amador, and Butte (with the exception 
of that area set aside as ``District 2'').
    (b) District 2 shall include the 95948 postal zip code area known as 
Gridley in Butte County, and the area surrounding Gridley, incorporating 
the area located within the following boundaries: The area west of the 
Feather River; north of the Butte/Sutter County line; east of Pennington 
and Riley Roads; and south of Farris Road, Ord Ranch Road and Gridley 
Avenue.
    (c) District 3 shall include the counties of Sutter and Yuba.
    (d) District 4 shall include the counties of San Francisco, San 
Mateo, Santa Cruz, Contra Costa, Alameda, Santa Clara, Monterey, San 
Benito, San Joaquin, Calaveras, Alpine, Mono, Tuolumne, Stanislaus, 
Merced, Mariposa, Madera, and Fresno.
    (e) District 5 shall include Kings county and that portion of Tulare 
County north of Highway 198.
    (f) District 6 shall include Inyo County and that portion of Tulare 
County south of Highway 198 to Avenue 56, excluding the west side of 
Highway 65 between Highway 137 and Avenue 56.
    (g) District 7 shall include that portion of Tulare County of Tulare 
west of Highway 65 and between Highway 137 and Avenue 56.
    (h) District 8 shall include of Kern, San Luis Obispo, Santa 
Barbara, Ventura, San Bernardino, San Diego, Los Angeles, Orange, 
Riverside, San Diego, Imperial Counties and that portion of Tulare 
County south of Avenue 56.

[60 FR 7432, Feb. 8, 1995]



Sec. 920.160  Reports.

    (a) When requested by the Kiwifruit Administrative Committee, each 
shipper who ships kiwifruit, shall furnish a report of shipment and 
inventory data to the committee no later than the fifth day of the month 
following such shipment, or such other later time established by the 
committee: Provided, That each shipper who ships less than 10,000 trays, 
or the equivalent thereof, per fiscal year and has qualified with the 
committee shall furnish such report of shipment and inventory data to 
the committee twice per fiscal year. The first report shall be due no 
later than January 5 and the final report no later than the fifth day of 
the following month after such shipment is completed for the season, or 
such other later times established by the committee. Such report shall 
show:
    (1) The reporting period;
    (2) The name and other identification of the shipper;
    (3) The number of containers by type and weight by shipment 
destination category;

[[Page 174]]

    (b) Kiwifruit Inventory Shipping System (KISS) form. Each handler, 
except such handlers that ship less than 10,000 trays, or the equivalent 
thereof, per season and have qualified with the committee, shall file 
with the committee the initial Kiwifruit Inventory Shipment System 
(KISS) form, which consists of three sections ``KISS/Add Inventory,'' 
``KISS/Deduct Inventory,'' and ``KISS/Shipment,'' on or before December 
5th, or such other later time as the committee may establish.
    (c) Handler report of returned fruit. After fruit is returned to a 
grower, each handler shall file with the committee, no later than five 
days from the date the fruit is returned, or such other time as the 
committee may establish, a Return Receipt of Kiwifruit to Grower Form.

[50 FR 4856, Feb. 4, 1985, as amended at 52 FR 37130, Oct. 5, 1987; 59 
FR 53565, Oct. 25, 1994; 61 FR 51576, Oct. 3, 1996; 67 FR 54332, Aug. 
22, 2002]



Sec. 920.213  Assessment rate.

    On and after August 1, 2002, an assessment rate of 0.045 per 22-
pound volume fill container or equivalent of kiwifruit is established 
for kiwifruit grown in California.

[67 FR 62322, Oct. 7, 2002]



Sec. 920.302  Grade, size, pack, and container regulations.

    (a) No handler shall ship any kiwifruit unless such kiwifruit meet 
the following requirements:
    (1) Grade requirements. Fresh shipments of kiwifruit shall be at 
least KAC No. 1 quality.
    (2) Size Requirements. Such kiwifruit shall be at least a minimum 
Size 45. Size 45 is defined as a maximum of 55 pieces of fruit in an 8-
pound sample.
    (3) Maturity requirements. Such kiwifruit shall have a minimum of 
6.2 percent soluble solids at the time of inspection.
    (4) Pack Requirements. (i) Kiwifruit packed in containers with cell 
compartments, cardboard fillers, or molded trays shall be of proper size 
for the cells, fillers, or molds in which they are packed. Such fruit 
shall be fairly uniform in size.
    (ii) (A) Kiwifruit packed in cell compartments, cardboard fillers or 
molded trays (excluding individual consumer packages) may not vary in 
diameter more than:

------------------------------------------------------------------------
                   Count                              Diameter
------------------------------------------------------------------------
30 or less................................  \1/2\-inch (12.7 mm).
31-38.....................................  \3/8\-inch (9.5 mm).
39 or more................................  \1/4\-inch (6.4 mm).
------------------------------------------------------------------------

    (B) Kiwifruit packed in individual consumer packages, bags, volume 
fill, or bulk containers, fruit may not vary more than:

------------------------------------------------------------------------
             Size designation                         Diameter
------------------------------------------------------------------------
30 or larger..............................  \1/2\-inch (12.7 mm).
33, 36, 39, and 42........................  \3/8\-inch (9.5 mm).
45 or smaller.............................  \1/4\-inch (6.4 mm).
------------------------------------------------------------------------

    (C) Not more than 10 percent, by count of the containers in any lot 
and not more than 5 percent, by count, of kiwifruit in any container, 
(except that for Sizes 42 and 45 kiwifruit, the tolerance, by count, in 
any one container, may not be more than 25 percent) may fail to meet the 
requirements of this paragraph.
    (iii) When kiwifruit is packed in individual consumer packages, 
bags, volume fill or bulk containers, the following table specifying the 
size designation and maximum number of fruit per 8-pound sample is to be 
used.

------------------------------------------------------------------------
                                       Column 2 maximum number of fruit
     Column 1 size  designation              per  8 pound sample
------------------------------------------------------------------------
                     20                                   27
                     23                                   30
                     25                                   32
                  27/28                                   35
                     30                                   39
                     33                                   43
                     36                                   46
                     39                                   49
                     42                                   53
                     45                                   55
------------------------------------------------------------------------

    (iv) For shipments in volume fill containers in which the quantity 
is specified by count, the count must equal three times the size 
designation in accordance with tolerances specified in the U.S. 
Standards for Grades of Kiwifruit (7 CFR 51.2328(c)(2)).
    (v) All volume fill containers of kiwifruit designated by weight 
shall hold 22-pounds (10-kilograms) net weight of kiwifruit unless such 
containers hold less than 10-pounds or more than 35-pounds net weight of 
kiwifruit.

[[Page 175]]

    (b) Definitions. The term KAC No. 1 quality means kiwifruit that 
meets the requirements of the U.S. No. 1 grade as defined in the United 
States Standards for Grades of Kiwifruit (7 CFR 51.2335 through 
51.2340), except that the kiwifruit shall be ``not badly misshapen,'' 
and an additional tolerance of 7 percent is provided for kiwifruit that 
is ``badly misshapen''. The terms fairly uniform in size and diameter 
mean the same as defined in the U.S. Standards for Grades of Kiwifruit.
    (c) Exemptions. Any person may handle kiwifruit without regard to 
the provisions of this section provided that such kiwifruit is handled 
for (1) consumption by charitable institutions; (2) distribution by 
relief agencies; or (3) commercial processing into products. For the 
purposes of this section, commercial processing into products means that 
the kiwifruit is physically altered in form or chemical composition 
through freezing, canning, dehydrating, pulping, juicing, or heating of 
the product. The act of slicing, dicing, or peeling shall not be 
considered commercial processing into products.

[50 FR 36568, Sept. 9, 1985, as amended at 51 FR 33564, Sept. 22, 1986; 
52 FR 37130, Oct. 5, 1987; 53 FR 34035, Sept. 2, 1988; 53 FR 48513, Dec. 
1, 1988; 54 FR 41436, Oct. 10, 1989; 55 FR 42181, Oct. 18, 1990; 56 FR 
64942, Dec. 13, 1991; 57 FR 41854, Sept. 14, 1992; 57 FR 46243, Oct. 7, 
1992; 58 FR 3069, Jan. 7, 1993; 58 FR 43245, Aug. 16, 1993; 59 FR 45620, 
Sept. 2, 1994; 59 FR 53565, Oct. 25, 1994; 60 FR 32260, June 21, 1995; 
62 FR 49131, Sept. 19, 1997; 63 FR 46866, Sept. 3, 1998; 64 FR 41019, 
July 29, 1999; 65 FR 54948, Sept. 12, 2000; 66 FR 39270, July 30, 2001; 
66 FR 54414, Oct. 29, 2001, 67 FR 1413, Jan. 11, 2002; 67 FR 54332, Aug. 
22, 2002]

    Effective Date Note: At 67 FR 55332, Aug. 22, 2002, in Sec. 920.302, 
paragraph (a)(4)(v) was suspended effective August 23, 2002 through July 
31, 2003.



Sec. 920.303  Container marking regulations.

    No handler shall ship any kiwifruit except in accordance with the 
following terms and conditions:
    (a) Each package or container of kiwifruit shall bear on at least 
one outside principal display panel in plain sight and in plain letters, 
the word kiwifruit, the name of the variety (if other than the Hayward 
variety), if known or, when the variety is not known, the words unknown 
variety.
    (b) Each package or container of kiwifruit shall bear on one outside 
principal display panel in plain sight and in plain letters the name and 
address (including the city, state, and zip code) of the shipper.
    (c) Each package or container of kiwifruit shall bear on one outside 
principal display panel in plain sight and in plain letters the 
following information regarding the quantity of kiwifruit packed within 
the container:
    (1) The quantity shall be indicated in terms of count for kiwifruit 
packed in cell compartments, cardboard fillers, or molded trays, and the 
contents shall conform to the count.
    (2) The quantity shall be indicated in terms of the size designation 
and either the net weight for volume-fill containers packed by weight or 
the count for volume-fill containers packed by count.
    (3) For bulk containers or individual consumer packages not within a 
master container, the quantity shall be indicated in terms of the size 
designation and net weight, or in terms of the size designation and 
count.
    (4) Master containers, which hold more than one individual package, 
must be properly marked with the quantity of the contents. The size 
designation must also be indicated.
    (5) The quantity shall be indicated in terms of either net weight or 
count (or both) for individual consumer packages within a master 
container. If count is used, it must be accompanied by the size 
designation.
    (6) Designations of size, count, and net weight on each container 
shall be accompanied by the words size, count, or net weight as 
applicable.
    (d) All exposed or outside containers of kiwifruit, but not less 
than 75 percent of the total containers on a pallet, shall be plainly 
marked with the lot stamp number corresponding to the lot inspection 
conducted by an authorized inspector, except for individual consumer 
packages within a master container and containers that are being 
directly loaded into a vehicle for export shipment under the supervision 
of the Federal or Federal-State Inspection Service. Individual consumer 
packages

[[Page 176]]

of kiwifruit placed directly on a pallet shall have all outside or 
exposed packages on a pallet plainly marked with the lot stamp number 
corresponding to the lot inspection conducted by an authorized inspector 
or have one inspection label placed on each side of the pallet. Plastic 
containers of kiwifruit, placed on a pallet, shall be positive lot 
identified (PLI) in accordance with Federal or Federal-State Inspection 
Service procedures and shall have required information on the cards of 
the individual containers, as provided in this section of the 
regulations.
    (e) As used in this section, the term principal display panel means 
that part of the package or container most likely to be displayed, 
presented, shown or examined under normal or customary conditions of 
display and purchase.

[58 FR 43246, Aug. 16, 1993, as amended at 61 FR 13395, Mar. 27, 1996; 
64 FR 41019, July 29, 1999; 67 FR 54333, Aug. 22, 2002]



PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
922.1  Secretary.
922.2  Act.
922.3  Person.
922.4  Production area.
922.5  Apricots.
922.6  Varieties.
922.7  Fiscal period.
922.8  Committee.
922.9  Grade.
922.10  Size.
922.11  Grower.
922.12  Handler.
922.13  Handle.
922.14  District.
922.15  Export.
922.16  Pack.
922.17  Container.

                           Administrative Body

922.20  Establishment and membership.
922.21  Term of office.
922.22  Nomination.
922.23  Selection.
922.24  Failure to nominate.
922.25  Acceptance.
922.26  Vacancies.
922.27  Alternate members.
922.30  Powers.
922.31  Duties.
922.32  Procedure.
922.33  Expenses and compensation.
922.34  Annual report.

                        Expenses and Assessments

922.40  Expenses.
922.41  Assessments.
922.42  Accounting.

                                Research

922.45  Marketing research and development.

                               Regulations

922.50  Marketing policy.
922.51  Recommendations for regulation.
922.52  Issuance of regulations.
922.53  Modification, suspension, or termination of regulations.
922.54  Special purpose shipments.
922.55  Inspection and certification.

                                 Reports

922.60  Reports.

                        Miscellaneous Provisions

922.61  Compliance.
922.62  Right of the Secretary.
922.63  Effective time.
922.64  Termination.
922.65  Proceedings after termination.
922.66  Effect of termination or amendment.
922.67  Duration of immunities.
922.68  Agents.
922.69  Derogation.
922.70  Personal liability.
922.71  Separability.

  Subpart--Container Exemption; Waivers of Inspection and Certification

922.110  Container exemption.
922.111  Waiver of inspection and certification.
922.142  Reserve fund.

                        Subpart--Assessment Rate

922.235  Assessment rate.

                     Subpart--Container Regulations

922.306  Apricot Regulation 6.

                   Subpart--Grade and Size Regulation

922.321  Apricot Regulation 21.

    Authority: 7 U.S.C. 601-674.



                   Subpart--Order Regulating Handling

    Source: 22 FR 3514, May 21, 1957, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.

[[Page 177]]

                               Definitions



Sec. 922.1  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.



Sec. 922.2  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 (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 
Stat. 906, 1047).



Sec. 922.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 922.4  Production area.

    Production area means the counties of Okanogan, Chelan, Kittitas, 
Yakima, and Klickitat in the State of Washington and all of the counties 
in Washington lying east thereof.

[27 FR 5188, June 2, 1962]



Sec. 922.5  Apricots.

    Apricots means all varieties of apricots, grown in the production 
area, classified botanically as Prunus armeniaca.



Sec. 922.6  Varieties.

    Varieties means and includes all classifications or subdivisions of 
Prunus armeniaca.



Sec. 922.7  Fiscal period.

    Fiscal period is synonymous with fiscal year and means the 12-month 
period ending on March 31 of each year or such other period that may be 
approved by the Secretary pursuant to recommendations by the committee.



Sec. 922.8  Committee.

    Committee means the Washington Apricot Marketing Committee 
established pursuant to Sec. 922.20.



Sec. 922.9  Grade.

    Grade means any one of the officially established grades of apricots 
as defined and set forth in:
    (a) United States Standards for Apricots (Secs. 51.2925 to 51.2932 
of this title) or amendments thereto, or modifications thereof, or 
variations based thereon;
    (b) Standards for apricots issued by the State of Washington or 
amendments thereto, or modifications thereof, or variations based 
thereon.



Sec. 922.10  Size.

    Size means the greatest diameter, measured through the center of the 
apricot, at right angles to a line running from the stem to the blossom 
end, or such other specification as may be established by the committee 
with the approval of the Secretary.



Sec. 922.11  Grower.

    Grower is synonymous with producer and means any person who produces 
apricots for market and who has a proprietary interest therein: 
Provided, That a grower who is also a handler must have produced not 
less than 51 percent of the apricots handled by him during the previous 
season in order to qualify as a grower under Secs. 922.20, 922.22, and 
922.23.



Sec. 922.12  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting apricots owned by another 
person) who handles apricots.



Sec. 922.13  Handle.

    Handle or ship means to sell, consign, deliver, or transport 
apricots within the production area or between the production area and 
any point outside thereof: Provided, That the term ``handle'' shall not 
include the transportation within the production area of apricots from 
the orchard where grown to a packing facility located within such area 
for preparation for market.

[27 FR 5188, June 2, 1962]



Sec. 922.14  District.

    District means the applicable one of the following described 
subdivisions of

[[Page 178]]

the production area, or such other subdivisions as may be prescribed 
pursuant to Sec. 922.31(m):
    (a) District 1 shall include all counties within the production area 
not included in District 2.
    (b) District 2 shall include the Counties of Yakima, Benton, and 
Klickitat.

[22 FR 3514, May 21, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 27 FR 5188, June 2, 1962]



Sec. 922.15  Export.

    Export means to ship apricots beyond the continental boundaries of 
the United States.



Sec. 922.16  Pack.

    Pack means the specific arrangement, size, weight, count, or grade 
of a quantity of apricots in a particular type and size of container, or 
any combination thereof.



Sec. 922.17  Container.

    Container means a box, bag, crate, lug, basket, carton, package, or 
any other type of receptacle used in the packaging or handling of 
apricots.

                           Administrative Body



Sec. 922.20  Establishment and membership.

    There is hereby established a Washington Apricot Marketing Committee 
consisting of twelve members, each of whom shall have an alternate who 
shall have the same qualifications as the member for whom he is an 
alternate. Eight of the members and their respective alternates shall be 
growers or officers or employees of corporate growers. Four of the 
members and their respective alternates shall be handlers, or officers 
or employees of corporate handlers. The eight members of the committee 
who are growers or employees or officers of corporate growers are 
referred to in this part as ``grower members'' of the committee; and the 
four members of the committee who shall be handlers, or officers or 
employees of corporate handlers, are referred to in this part as 
``handler members'' of the committee. Four of the grower members and 
their respective alternates shall be producers of apricots in District 
1, and four of the grower members and their respective alternates shall 
be producers of apricots in District 2. Two of the handler members and 
their respective alternates shall be handlers of apricots in District 1, 
and two of the handler members with their respective alternates shall be 
handlers of apricots in District 2.



Sec. 922.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall be for 2 years beginning April 1 and ending March 31: 
Provided, That the terms of office of one-half the initial members and 
alternates shall end March 31, 1958. Members and alternate members shall 
serve in such capacities 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. The terms of office of 
successor members and alternates shall be so determined that one-half of 
the total committee membership ends each March 31.



Sec. 922.22  Nomination.

    (a) Initial members. Nominations for each of the eight initial 
grower members and four initial handler members of the committee, 
together with nominations for the initial alternate members for each 
position may be submitted to the Secretary by individual growers and 
handlers. Such nominations may be made by means of group meetings of the 
growers and handlers concerned in each district. Such nominations, if 
made, shall be filed with the Secretary no later than the effective date 
of this part. In the event nominations for initial members and alternate 
members of the committee are not filed pursuant to, and within the time 
specified, in this section, the Secretary may select such initial 
members and alternate members without regard to nominations, but 
selections shall be on the basis of the representation provided for in 
Sec. 922.20.
    (b) Successor members. (1) The committee shall hold or cause to be 
held, not later than March 1 of each year, a meeting or meetings of 
growers and

[[Page 179]]

handlers in each district for the purpose of designating nominees for 
successor members and alternate members of the committee. At each such 
meeting a chairman and a secretary shall be selected by the growers and 
handlers eligible to participate therein. The chairman shall announce at 
the meeting the number of votes cast for each person nominated for 
member or alternate member and shall submit promptly to the committee a 
complete report concerning such meeting. The committee shall, in turn, 
promptly submit a copy of each such report to the Secretary.
    (2) Only growers, including duly authorized officers or employees of 
corporate growers, who are present at such nomination meetings may 
participate in the nomination and election of nominees for grower 
members and their alternates. Each grower shall be entitled to cast only 
one vote for each nominee to be elected in the district in which he 
produces apricots. No grower shall participate in the election of 
nominees in more than one district in any one fiscal year. If qualified, 
a person may vote either as a grower or as a handler but not as both.
    (3) Only handlers, including duly authorized officers or employees 
of corporate handlers, who are present at such nomination meetings, may 
participate in the nomination and election of nominees for handler 
members and their alternates. Each handler shall be entitled to cast 
only one vote for each nominee to be elected in the district in which he 
handles apricots. No handler shall participate in the election of 
nominees in more than one district in any one fiscal year. If qualified, 
a person may vote either as a grower or as a handler but not as both.



Sec. 922.23  Selection.

    From the nominations made pursuant to Sec. 922.22, or from other 
qualified persons, the Secretary shall select the eight grower members 
of the committee, the four handler members of the committee, and an 
alternate for each such member.



Sec. 922.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 922.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of the representation provided for in Sec. 922.20.



Sec. 922.25  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 promptly after being notified of such selection.



Sec. 922.26  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 
member or alternate member of the committee, a successor for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected in the manner specified in Secs. 922.22 and 
922.23. If the names of nominees to fill any such vacancy are not made 
available to the Secretary within a reasonable time after such vacancy 
occurs, the Secretary may fill such vacancy without regard to 
nominations, which selection shall be made on the basis of 
representation provided for in Sec. 922.20.



Sec. 922.27  Alternate members.

    An alternate member of the committee, during the absence or at the 
request of the member for whom he is an alternate, shall act in the 
place and stead of such member and perform such 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. In the event 
both a member of the committee and his alternate are unable to attend a 
committee meeting, the member or the committee may designate any other 
alternate member from the same district and group (handler or grower) to 
serve in such member's place and stead.



Sec. 922.30  Powers.

    The committee shall have the following powers:

[[Page 180]]

    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 922.31  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine compensation and to define the duties 
of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal period a budget for such fiscal period, 
including a report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such period;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a competent accountant at 
least once each fiscal year and at such times as the Secretary may 
request;
    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate and assemble data on the growing, handling, and 
marketing conditions with respect to apricots;
    (i) To submit to the Secretary such available information as he may 
request;
    (j) To notify producers and handlers of all meetings of the 
committee to consider recommendations for regulations;
    (k) To give the Secretary the same notice of meetings of the 
committee as is given to its members;
    (l) To investigate compliance with 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 any such 
changes shall reflect, insofar as practicable, shifts in apricot 
production within the districts and the production area.



Sec. 922.32  Procedure.

    (a) Eight members of the committee, including alternates acting for 
members, shall constitute a quorum; and any action of the committee 
shall require the concurring vote of at least 7 members: Provided, That 
when two-thirds of the membership present is greater than 7, such 
requirement shall be two-thirds of such membership.
    (b) The committee may provide for simultaneous meetings of groups of 
its members assembled at two or more designated places: Provided, That 
such meetings shall be subject to the establishment of communication 
between all such groups and the availability of loud speaker receivers 
for each group so that each member may participate in the discussions 
and other actions the same as if the committee were assembled in one 
place. Any such meeting shall be considered as an assembled meeting.
    (c) The committee may vote by telegraph, telephone, or other means 
of communication, and any votes so cast shall be confirmed promptly in 
writing: Provided, That if an assembled meeting is held, all votes shall 
be cast in person.



Sec. 922.33  Expenses and compensation.

    The members of the committee, and alternates when acting as members, 
shall be reimbursed for expenses necessarily incurred by them in the 
performance of their duties under this part and may also receive 
compensation, as determined by the committee, which shall not exceed $10 
per day or portion thereof spent in performing such duties: Provided, 
That at its discretion the committee may request the

[[Page 181]]

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 and compensation, as aforesaid.



Sec. 922.34  Annual report.

    The committee shall, prior to the last day of each fiscal period, 
prepare and mail an annual report to the Secretary and make a copy 
available to each handler and grower who requests a copy of the report. 
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 apricot industry; and (c) 
any recommendations for changes in the program.

                        Expenses and Assessments



Sec. 922.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds are reasonable and likely to be incurred by the committee to 
enable it to exercise its powers and perform its duties in accordance 
with the provisions of this part during each fiscal period. The funds to 
cover such expenses shall be acquired by the levying of assessments as 
prescribed in Sec. 922.41.



Sec. 922.41  Assessments.

    (a) Each person who first handles apricots shall, with respect to 
the apricots so handled by him, pay to the committee upon demand such 
person's pro rata share of the expenses which the Secretary finds will 
be incurred by the committee during each fiscal period. Each such 
person's share of such expenses shall be equal to the ratio between the 
total quantity of apricots handled by him as the first handler thereof 
during the applicable fiscal period and the total quantity of apricots 
so handled by all persons during the same fiscal period. 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.
    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person. At any time during or after the fiscal period, 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 which may be incurred. Such increase shall be applied to 
all apricots handled during the applicable fiscal period. In order to 
provide funds for the administration of the provisions of this part 
during the first part of a fiscal period before sufficient operating 
income is available from assessments on the current year's shipments, 
the committee may accept the payment of assessments in advance, and may 
also borrow money for such purpose.



Sec. 922.42  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 as 
follows:
    (1) Except as provided in paragraph (a)(2) 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: Provided, That any sum paid by a person 
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 person.
    (2) The Secretary, upon recommendation of the committee, may 
determine that it is appropriate for the maintenance and functioning of 
the committee that 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 into following periods as a 
reserve. Such reserve may be established at an amount not to exceed 
approximately one fiscal period's operational expenses; and such reserve 
may be used to cover the necessary expenses of liquidation, in the event 
of termination of this part, and to cover the expenses incurred for the 
maintenance

[[Page 182]]

and functioning of the committee during any fiscal period when there is 
a crop failure, or during any period of suspension of any or all of the 
provisions of this part. Such reserve may also be used by the committee 
to finance its operations, during any fiscal period, prior to the time 
that assessment income is sufficient to cover such expenses; but any of 
the reserve funds so used shall be returned to the reserve as soon as 
assessment income is available for this purpose. 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.
    (b) All funds received by the committee pursuant to the provisions 
of this part shall be used solely for the purposes 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 
his successor in office, and shall execute such assignments and other 
instruments as may be necessary or appropriate to vest in such successor 
full title to all of the property, funds, and claims vested in such 
member pursuant to this part.

                                Research



Sec. 922.45  Marketing 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 apricots. The expense of such projects 
shall be paid from funds collected pursuant to Sec. 922.41.

                               Regulations



Sec. 922.50  Marketing policy.

    (a) Each season prior to making any recommendations pursuant to 
Sec. 922.51, the committee shall submit to the Secretary a report 
setting forth its marketing policy for the ensuing season. Such 
marketing policy report shall contain information relative to:
    (1) The estimated total production of apricots within the production 
area;
    (2) The expected general quality and size of apricots in the 
production area and in other areas;
    (3) The expected demand conditions for apricots in different market 
outlets;
    (4) The expected shipments of apricots produced in the production 
area and in areas outside the production area;
    (5) Supplies of competing commodities;
    (6) Trend and level of consumer income;
    (7) Other factors having a bearing on the marketing of apricots; and
    (8) The type of regulations expected to be recommended during the 
season.
    (b) In the event it becomes advisable, because of changes in the 
supply and demand situation for apricots, to modify substantially such 
marketing policy, the committee shall submit to the Secretary a revised 
marketing policy report setting forth the information prescribed in this 
section. The committee shall publicly announce the contents of each 
marketing policy report, including each revised marketing policy report, 
and copies thereof shall be maintained in the office of the committee 
where they shall be available for examination by growers and handlers.



Sec. 922.51  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of any variety or varieties of apricots in the manner provided 
in Sec. 922.52, it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the committee shall give consideration to 
current information with respect to the

[[Page 183]]

factors affecting the supply and demand for apricots during the period 
or periods when it is proposed that such regulation should be made 
effective. With each such recommendation for regulation, the committee 
shall submit to the Secretary the data and information on which such 
recommendation is predicated and such other available information as the 
Secretary may request.



Sec. 922.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of apricots whenever he finds from the 
recommendations and information submitted by the committee, or from 
other available information, that such regulations will tend to 
effectuate the declared policy of the act. Such regulations may:
    (1) Limit, during any period or periods, the shipment of any 
particular grade, size, quality, maturity, or pack, or any combination 
thereof, of any variety or varieties of apricots grown in any district 
or districts of the production area;
    (2) Limit the shipment of apricots by establishing, in terms of 
grades, sizes, or both, minimum standards of quality and maturity during 
any period when season average prices are expected to exceed the parity 
level;
    (3) Fix the size, capacity, weight, dimensions, markings, or pack of 
the container, or containers, which may be used in the packaging or 
handling of apricots.
    (b) The committee shall be informed immediately of any such 
regulation issued by the Secretary, and the committee shall promptly 
give notice thereof to growers and handlers.

[22 FR 3514, May 21, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 27 FR 5188, June 2, 1962]



Sec. 922.53  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 922.52 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of apricots in order to 
effectuate the declared policy of the act, he shall modify, suspend or 
terminate such regulation. On the same basis and in like manner the 
Secretary may terminate any such modification or suspension. If the 
Secretary finds that a regulation obstructs or does not tend to 
effectuate the declared policy of the act, he shall suspend or terminate 
such regulation. On the same basis and in like manner the Secretary may 
terminate any such suspension.



Sec. 922.54  Special purpose shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 922.41, 922.52, 922.53, and 
922.55, and the regulations issued thereunder, handle apricots (1) for 
consumption by charitable institutions; (2) for distribution by relief 
agencies; or (3) for commercial processing into products.
    (b) Upon the basis of recommendations and information submitted by 
the committee, or from other available information, the Secretary may 
relieve from any or all requirements, under or established pursuant to 
Sec. 922.41, Sec. 922.52, Sec. 922.53, or Sec. 922.55, the handling of 
apricots in such minimum quantities, or types of shipments, or for such 
specified purposes (including shipments to facilitate the conduct of 
marketing research and development projects established pursuant to 
Sec. 922.45), as the committee, with approval of the Secretary, may 
prescribe,
    (c) The committee shall, with the approval of the Secretary, 
prescribe such rules, regulations, and safeguards as it may deem 
necessary to prevent apricots handled under the provisions of this 
section from entering the channels of trade for other than the specific 
purposes authorized by this section. Such rules, regulations, and 
safeguards may include the requirements that handlers shall file 
applications and receive approval from the committee for authorization 
to handle apricots pursuant to this section, and that such applications 
be accompanied by a certification by

[[Page 184]]

the intended purchaser or receiver that the apricots will not be used 
for any purpose not authorized by this section.



Sec. 922.55  Inspection and certification.

    Whenever the handling of any variety of apricots is regulated 
pursuant to Sec. 922.52 or Sec. 922.53, each handler who handles 
apricots shall, prior thereto, cause such apricots to be inspected by 
the Federal-State Inspection Service and certified by it as meeting the 
applicable requirements of such regulation: Provided, That inspection 
and certification shall be required for apricots which previously have 
been so inspected and certified only if such apricots have been 
regraded, resorted, repackaged, or in any other way further prepared for 
market. Promptly after inspection and certification, each such handler 
shall submit, or cause to be submitted, to the committee a copy of the 
certificate of inspection issued with respect to such apricots. The 
committee may, with the approval of the Secretary, prescribe rules and 
regulations modifying the inspection requirements of this section as to 
time and place such inspection shall be performed whenever it is 
determined it would not be practical to perform the required inspection 
at a particular location: Provided, That all such shipments shall comply 
with all regulations in effect.

[22 FR 3514, May 21, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 27 FR 5188, June 2, 1962]

                                 Reports



Sec. 922.60  Reports.

    (a) 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. Such reports may include, but are not necessarily limited to, the 
following: (1) The quantities of each variety of apricots 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 apricots, and (4) the destination of 
each such shipment.
    (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 apricots received, and of apricots disposed of, by 
such handler as may be necessary to verify reports pursuant to this 
section.

                        Miscellaneous Provisions



Sec. 922.61  Compliance.

    Except as provided in this part, no person shall handle apricots, 
the shipment of which has been prohibited by the Secretary in accordance 
with the provisions of this part; and no person shall handle apricots 
except in conformity with the provisions of this part.



Sec. 922.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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 accordance therewith prior to such disapproval by 
the Secretary.



Sec. 922.63  Effective time.

    The provisions of this part, and of any amendment thereto, shall 
become effective at such time as the Secretary may declare above his 
signature to this

[[Page 185]]

part, and shall continue in force until terminated in one of the ways 
specified in Sec. 922.64.



Sec. 922.64  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 in which he may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part 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 part at the 
end of any fiscal period whenever he finds that continuance is not 
favored by the majority of producers who, during a representative period 
determined by the Secretary, were engaged in the production area in the 
production of apricots for market: Provided, That such majority has 
produced for market during such period more than 50 percent of the 
volume of apricots produced for market in the production area; but such 
termination shall be effective only if announced on or before March 31 
of the then current fiscal period.
    (d) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.



Sec. 922.65  Proceedings after termination.

    (a) Upon the 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.
    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) 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 (3) 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 hereto.
    (c) 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 the trustees.



Sec. 922.66  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.



Sec. 922.67  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.



Sec. 922.68  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 
United States Department of Agriculture, to act as his agent or 
representative in connection with any of the provisions of this part.



Sec. 922.69  Derogation.

    Nothing contained in the provisions of 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.

[[Page 186]]



Sec. 922.70  Personal liability.

    No member or alternate 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 act, either of 
commission or omission, as such member, alternate, employee, or agent, 
except for acts of dishonesty, willful misconduct, or gross negligence.



Sec. 922.71  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.



  Subpart--Container Exemption; Waivers of Inspection and Certification



Sec. 922.110  Container exemption.

    Whenever container limitations are effective pursuant to 
Sec. 922.52, a handler may make test shipments of apricots in 
experimental containers, approved by the committee, subject to the 
following:
    (a) Test shipments shall be made only in connection with a container 
research project, or projects, being conducted by or in cooperation with 
the Washington Apricot Marketing Committee.
    (b) The handler shall first make application to, and receive a 
permit from, the Washington Apricot Marketing Committee on a form of the 
committee to handle each experimental container proposed to be used by 
the handler for test shipments. Such application shall contain the 
following information:
    (1) Name and address of the applicant and date of application;
    (2) Description of the container, including size, weight, inside 
dimensions, and type of pack;
    (3) Quantity of such containers proposed to be shipped.
    (c) Approval of the application shall be evidenced by the issuance 
to the applicant by the committee of a permit which shall authorize the 
handling of apricots in such quantity of experimental containers as the 
committee may approve.
    (d) With respect to each test shipment of apricots handled in 
experimental containers, the handler shall, prior to such handling, 
advise the committee as to (1) the number and type of the container or 
containers in the test shipment, (2) identification of the carrier, (3) 
name and address of the receiver, and (4) expected time of arrival at 
destination.
    (e) Terms used in this section shall have the same meaning as when 
used in said marketing agreement and order (Secs. 922.1 to 922.71).

[23 FR 4781, June 28, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 922.111  Waiver of inspection and certification.

    (a) Application. Any handler (including a grower-handler packing and 
handling apricots of his own production), whose packing facilities are 
located in an area where a Washington State Horticultural Division 
Inspection Office or Federal-State Inspector is not readily available to 
perform the required inspection may, prior to shipment, apply to the 
Committee for a permit authorizing a waiver of inspection. Applications 
shall be made on forms furnished by the Committee and shall contain such 
information as the Committee may require including: Name and address of 
applicant, location of packing facility, distance of packing facility 
from the nearest inspection office, period (by approximate beginning and 
ending dates) during which applicant expects to ship apricots, estimated 
quantity of apricots applicant expects to ship to fresh market during 
such period, manner in which the majority of applicant's fruit will be 
marketed (i.e., transported by applicant to market, sold at orchard to 
truckers, etc.), areas or markets to which applicant expects to ship the 
majority of his apricots. The application shall also contain an 
agreement by applicant (1) not to ship or handle any apricots unless 
such apricots meet the grade, size, maturity, container, and all other 
requirements of the amended marketing

[[Page 187]]

agreement and order in effect at time of handling, (2) to report 
periodically to the Committee on reporting forms furnished by the 
Committee the following information on each shipment: quantity, variety, 
grade, minimum size, container, date of shipment, destination, name and 
address of buyer or receiver, and such other information as the 
Committee may specify, (3) to pay applicable assessments on each 
shipment, (4) to have or cause to have each shipment of apricots 
inspected when such shipment is transported to a market or through a 
location en route to market where an inspector is available, and (5) to 
comply with such other safeguards as the Committee may prescribe.
    (b) Issuance of permit. Whenever the Committee finds and determines 
from the information contained in the application or from other proof 
satisfactory to the Committee that the applicant is entitled to a waiver 
from the inspection requirements of the amended marketing agreement and 
order at time of shipment, the Committee shall issue a permit 
authorizing the applicant to ship apricots in accordance with these 
administrative regulations and the terms and conditions of such permit.

[29 FR 9526, July 14, 1964]



Sec. 922.142  Reserve fund.

    (a) The establishment of a reserve fund of an amount not greater 
than approximately one fiscal year's operational expenses is appropriate 
and necessary to the maintenance and functioning of the Washington 
Apricot Marketing Committee. The committee is hereby authorized to carry 
forward in the aforesaid reserve $5,765.09 which are excess assessment 
funds from the fiscal period ended March 31, 1960, and $787.61 which are 
excess assessment funds from the fiscal period ended March 31, 1961. 
Such reserve shall be used in accordance with the provisions of 
Sec. 922.42 of the said marketing agreement and order (Secs. 922.1 to 
922.71).
    (b) Terms used in this section shall have the same meaning as given 
to the respective term in said marketing agreement and order.

[26 FR 8664, Sept. 16, 1961. Redesignated at 26 FR 12751, Dec. 30, 1961 
and 44 FR 73010, Dec. 17, 1979]

    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 .322 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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



                        Subpart--Assessment Rate



Sec. 922.235  Assessment rate.

    On and after April 1, 2002, an assessment rate of $2.50 per ton is 
established for the Washington Apricot Marketing Committee.

[67 FR 54567, Aug. 23, 2002]



                     Subpart--Container Regulations



Sec. 922.306  Apricot Regulation 6.

    (a) No handler shall handle any apricots unless such apricots are:
    (1) In open containers or telescope fiberboard cartons and the net 
weight of the apricots is not less than 28 pounds; or
    (2) In closed containers containing not less than 14 pounds, net 
weight, of apricots: Provided, That when the apricots are packed in such 
containers they are row-faced or tray-packed; or
    (3) In closed containers that are marked ``12 pounds net weight'' 
and contain not less than 12 pounds, net weight, of apricots which are 
of random size and are not row-faced; or
    (4) In closed containers containing not less than 24 pounds, net 
weight, of apricots when packed loose in such containers; or
    (5) If exported to Canada, in any of the containers specified in 
this paragraph (a) or in containers having inside dimensions of 16\1/
8\x11\1/2\ inches with 4\3/4\-inch end pieces and 3\3/4\-inch side 
pieces.
    (b) Notwithstanding any other provisions of this section, any 
individual

[[Page 188]]

shipment of apricots which, in the aggregate, does not exceed 500 
pounds, net weight, may be handled without regard to the requirements 
specified in this section or in Secs. 922.41 or 922.55.
    (c) All apricots handled are also subject to all applicable grade, 
size, quality, maturity and pack regulations which are in effect 
pursuant to this part.
    (d) The terms handler, handle and apricots shall have the same 
meaning as when used in the amended marketing agreement and order.

[59 FR 30673, June 15, 1994, as amended at 63 FR 32718, June 16, 1998]



                   Subpart--Grade and Size Regulation



Sec. 922.321  Apricot Regulation 21.

    (a) On and after August 1, 1981, no handler shall handle any 
container of apricots unless such apricots meet the following applicable 
requirements, or are handled in accordance with paragraph (a)(3) of this 
section:
    (1) Minimum grade and maturity requirements. Such apricots that 
grade not less than Washington No. 1 and are at least reasonably uniform 
in color: Provided, That the grade requirement shall not apply to 
apricots handled from June 15, 1996, through March 31, 1997; Provided 
further, That such apricots of the Moorpark variety in open containers 
shall be generally well matured; and
    (2) Minimum size requirements. Such apricots measure not less than 
1\5/8\ inches in diameter except that apricots of the Blenheim, Blenril, 
and Tilton varieties may measure not less than 1\1/4\ inches: Provided, 
That not more than 10 percent, by count, of such apricots may fail to 
meet the applicable minimum diameter requirements.
    (3) Notwithstanding any other provision of this section, any 
individual shipment of apricots which meets each of the following 
requirements may be handled without regard to the provisions of this 
paragraph, of Sec. 922.41 (Assessments), and of Sec. 922.55 (Inspection 
and Certification):
    (i) The shipment consists of apricots sold for home use and not for 
resale;
    (ii) The shipment does not, in the aggregate, exceed 500 pounds, net 
weight, of apricots; and
    (iii) Each container is stamped or marked with the words ``not for 
resale'' in letters at least one-half inch in height.
    (b) The terms diameter and Washington No. 1 shall have the same 
meaning as when used in the State of Washington Department of 
Agriculture Standards for Apricots, effective May 31, 1966; reasonably 
uniform in color means that the apricots in the individual container do 
not show sufficient variation in color to materially affect the general 
appearance of the apricots; and generally well matured means that with 
respect to not less than 90 percent, by count, of the apricots in any 
lot of containers, and not less than 85 percent, by count, of such 
apricots in any container in such lot, at least 40 percent of the 
surface area of the fruit is at least as yellow as Shade 3 on U.S. 
Department of Agriculture Standard Ground Color Chart of Apples and 
Pears in Western States.

[46 FR 38668, July 29, 1981, as amended at 54 FR 26186, June 22, 1989 
and 54 FR 37294, Sept. 8, 1989; 60 FR 32430, June 22, 1995; 61 FR 30497, 
June 17, 1996]



PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
923.1  Secretary.
923.2  Act.
923.3  Person.
923.4  Production area.
923.5  Cherries.
923.6  Varieties.
923.7  Fiscal period.
923.8  Committee.
923.9  Grade.
923.10  Size.
923.11  Grower.
923.12  Handler.
923.13  Handle.
923.14  District.
923.15  Export.
923.16  Pack.
923.17  Container.

                           Administrative Body

923.20  Establishment and membership.

[[Page 189]]

923.21  Term of office.
923.22  Nomination.
923.23  Selection.
923.24  Failure to nominate.
923.25  Acceptance.
923.26  Vacancies.
923.27  Alternate members.
923.30  Powers.
923.31  Duties.
923.32  Procedure.
923.33  Expenses and compensation.
923.34  Annual report.

                        Expenses and Assessments

923.40  Expenses.
923.41  Assessments.
923.42  Accounting.

                                Research

923.45  Marketing research and development.

                               Regulations

923.50  Marketing policy.
923.51  Recommendations for regulation.
923.52  Issuance of regulations.
923.53  Modification, suspension, or termination of regulations.
923.54  Special purpose shipments.
923.55  Inspection and certification.

                                 Reports

923.60  Reports.

                        Miscellaneous Provisions

923.61  Compliance.
923.62  Right of the Secretary.
923.63  Effective time.
923.64  Termination.
923.65  Proceedings after termination.
923.66  Effect of termination or amendment.
923.67  Duration of immunities.
923.68  Agents.
923.69  Derogation.
923.70  Personal liability.
923.71  Separability.
923.142  Reserve fund.

                             Assessment Rate

923.236  Assessment rate.

               Grade, Size, Container and Pack Regulation

923.322  Washington Cherry Regulation 22.

    Authority: 7 U.S.C. 601-674.

    Source: 22 FR 3835, June 1, 1957, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.



                   Subpart--Order Regulating Handling

                               Definitions



Sec. 923.1  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.



Sec. 923.2  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 (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 
Stat. 906, 1047).



Sec. 923.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 923.4  Production area.

    Production area means the counties of Okanogan, Chelan, Kittitas, 
Yakima, Klickitat in the State of Washington and all of the counties in 
Washington lying east thereof.

[66 FR 58356, Nov. 21, 2001]



Sec. 923.5  Cherries.

    Cherries means all varieties of sweet cherries grown in the 
production area, classified botanically as Prunus avium.



Sec. 923.6  Varieties.

    Varieties means and includes all classifications or subdivisions of 
Prunus avium.



Sec. 923.7  Fiscal period.

    Fiscal period is synonymous with fiscal year and means the 12-month 
period ending on March 31 of each year or such other period that may be 
approved by the Secretary pursuant to recommendations by the committee.



Sec. 923.8  Committee.

    Committee means the Washington Cherry Marketing Committee 
established pursuant to Sec. 923.20.

[[Page 190]]



Sec. 923.9  Grade.

    Grade means any one of the officially established grades of cherries 
as defined and set forth in:
    (a) United States Standards for Sweet Cherries (Secs. 51.2646 to 
51.2660 of this title) or amendments thereto, or modifications thereof, 
or variations based thereon;
    (b) Standards for sweet cherries issued by the State of Washington 
or amendments thereto, or modifications thereof, or variations based 
thereon.



Sec. 923.10  Size.

    Size means the greatest diameter, measured through the center of the 
cherry, at right angles to a line running from the stem to the blossom 
end, or such other specification as may be established by the committee 
with the approval of the Secretary.



Sec. 923.11  Grower.

    Grower is synonymous with producer and means any person who produces 
cherries for market and who has a proprietary interest therein.



Sec. 923.12  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting cherries owned by another 
person) who handles cherries.



Sec. 923.13  Handle.

    Handle and ship are synonymous and mean to sell, consign, deliver, 
or transport cherries or cause the sale, consignment, delivery, or 
transportation of cherries or in any other way to place cherries, or 
cause cherries to be placed, in the current of the commerce from any 
point within the production area to any point outside thereof: Provided, 
That the term handle shall not include the transportation within the 
production area of cherries from the orchard where grown to a packing 
facility located within such area for preparation for market, or the 
delivery of such cherries to such packing facility for such preparation.



Sec. 923.14  District.

    District means the applicable one of the following described 
subdivisions of the production area, or such other subdivisions as may 
be prescribed pursuant to Sec. 923.31(m):
    (a) District 1 shall include the Counties of Chelan, Okanogan, 
Douglas, Grant, Lincoln, Spokane, Pend Oreille, Stevens, and Ferry.
    (b) District 2 shall include the counties of Kittitas, Yakima, 
Klickitat, Benton, Adams, Franklin, Walla Walla, Whitman, Columbia, 
Garfield and Asotin.

[22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 66 FR 58356, Nov. 21, 2001]



Sec. 923.15  Export.

    Export means to ship cherries beyond the continental boundaries of 
the United States.



Sec. 923.16  Pack.

    Pack means the specific arrangement, size, weight, count, or grade 
of a quantity of cherries in a particular type and size of container, or 
any combination thereof.



Sec. 923.17  Container.

    Container means a box, bag, crate, lug, basket, carton, package, or 
any other type of receptacle used in the packaging or handling of 
cherries.

                           Administrative Body



Sec. 923.20  Establishment and membership.

    There is hereby established a Washington Cherry Marketing Committee 
consisting of sixteen members, each of whom shall have an alternate who 
shall have the same qualifications as the member for whom he is an 
alternate. Ten of the members and their respective alternates shall be 
growers or officers or employees of corporate growers. Six of the 
members and their respective alternates shall be handlers, or officers 
or employees of handlers. The ten members of the committee who are 
growers or employees or officers of corporate growers are referred to in 
this part as ``grower members'' of the committee; and the six members of 
the committee who shall be handlers, or officers or employees of 
handlers, are referred to in this part as ``handler members'' of the 
committee. Five of

[[Page 191]]

the grower members and their respective alternates shall be producers of 
cherries in District 1, and five of the grower members and their 
respective alternates shall be producers of cherries in District 2. 
Three of the handler members and their respective alternates shall be 
handlers of cherries in District 1, and three of the handler members and 
their respective alternates shall be handlers of cherries in District 2.

[22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 66 FR 58356, Nov. 21, 2001]



Sec. 923.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall be for two years beginning April 1 and ending March 31: 
Provided, That the term of office of one-half the initial grower members 
and alternates from each district and one initial handler member from 
each district shall end March 31, 1958. Members and alternate members 
shall serve in such capacities 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.



Sec. 923.22  Nomination.

    (a) Initial members. Nominations for each of the ten initial grower 
members and five initial handler members of the committee, together with 
nominations for the initial alternate members for each position, may be 
submitted to the Secretary by individual growers and handlers. Such 
nominations may be made by means of group meetings of the growers and 
handlers concerned in each district. Such nominations, if made, shall be 
filed with the Secretary no later than the effective date of this part. 
In the event nominations for initial members and alternate members of 
the committee are not filed pursuant to, and within the time specified, 
in this section, the Secretary may select such initial members and 
alternate members without regard to nominations, but selections shall be 
on the basis of the representation provided for in Sec. 923.20.
    (b) Successor members. (1) The committee shall hold or cause to be 
held, not later than March 1 of each year, a meeting or meetings of 
growers and handlers in each district for the purpose of designating 
nominees for successor members and alternate members of the committee. 
At each such meeting a chairman and a secretary shall be selected by the 
growers and handlers eligible to participate therein. The chairman shall 
announce at the meeting the number of votes cast for each person 
nominated for member or alternate member and shall submit promptly to 
the committee a complete report concerning such meeting. The committee 
shall, in turn, promptly submit a copy of each such report to the 
Secretary.
    (2) Only growers, including duly authorized officers or employees of 
corporate growers, who are present at such nomination meetings may 
participate in the nomination and election of nominees for grower 
members and their alternates. Each grower shall be entitled to cast only 
one vote for each nominee to be elected in the district in which he 
produces cherries. No grower shall participate in the election of 
nominees in more than one district in any one fiscal year. If a person 
is both a grower and a handler of cherries, such person may vote either 
as a grower or as a handler but not as both.
    (3) Only handlers, including duly authorized officers or employees 
of handlers, who are present at such nomination meetings, may 
participate in the nomination and election of nominees for handler 
members and their alternates. Each handler shall be entitled to cast 
only one vote for each nominee to be elected in the district in which he 
handles cherries. No handler shall participate in the election of 
nominees in more than one district in any one fiscal year. If a person 
is both a grower and a handler of cherries, such person may vote either 
as a grower or as a handler but not as both.



Sec. 923.23  Selection.

    From the nominations made pursuant to Sec. 923.22, or from other 
qualified persons, the Secretary shall select the ten grower members of 
the committee, the five handler members of the committee, and an 
alternate for each member.

[[Page 192]]



Sec. 923.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 923.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of the representation provided for in Sec. 923.20.



Sec. 923.25  Acceptance.

    Any person prior to selection as a member or an alternate member of 
the committee shall qualify by filing with USDA a written acceptance of 
willingness to serve on the committee.

[66 FR 58356, Nov. 21, 2001]



Sec. 923.26  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 
member or alternate member of the committee, a successor for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected in the manner specified in Secs. 923.22 and 
923.23. If the names of nominees to fill any such vacancy are not made 
available to the Secretary within a reasonable time after such vacancy 
occurs, the Secretary may fill such vacancy without regard to 
nominations, which selection shall be made on the basis of 
representation provided for in Sec. 923.20.



Sec. 923.27  Alternate members.

    An alternate member of the committee, during the absence or at the 
request of the member for whom he is an alternate, shall act in the 
place and stead of such member and perform such 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. In the event 
both a member of the committee and his alternate are unable to attend a 
committee meeting, the member of the committee may designate any other 
alternate member from the same district and group (handler or grower) to 
serve in such member's place and stead.



Sec. 923.30  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 923.31  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine the compensation and to define the 
duties of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal period a budget for such fiscal period, 
including a report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such period;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a competent accountant at 
least once each fiscal year and at such time as the Secretary may 
request;
    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate and assemble data on the growing, handling, and 
marketing conditions with respect to cherries;
    (i) To submit to the Secretary such available information as he may 
request;
    (j) To notify producers and handlers of all meetings of the 
committee to

[[Page 193]]

consider recommendations for regulations;
    (k) To give the Secretary the same notice of meetings of the 
committee as is given to its members;
    (l) To investigate compliance with 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 any such 
changes shall reflect, insofar as practicable, shifts in cherry 
production within the districts and the production area.



Sec. 923.32  Procedure.

    (a) Twelve members of the committee, including alternates acting for 
members, shall constitute a quorum; and any action of the committee 
shall require the concurring vote of at least nine members.
    (b) The committee may provide for simultaneous meetings of groups of 
its members assembled at two or more designated places: Provided, That 
such meetings shall be subject to the establishment of communication 
between all such groups and the availability of loud speaker receivers 
for each group so that each member may participate in the discussions 
and other actions the same as if the committee were assembled in one 
place. Any such meeting shall be considered as an assembled meeting.
    (c) The committee may vote by telegraph, telephone, or other means 
of communication, and any votes so cast shall be confirmed promptly in 
writing: Provided, That if an assembled meeting is held, all votes shall 
be cast in person.



Sec. 923.33  Expenses and compensation.

    The members of the committee, and alternates when acting as members, 
shall be reimbursed for expenses necessarily incurred by them in the 
performance of their duties under this part and may also receive 
compensation, as determined by the committee, which shall not exceed $10 
per day or portion thereof spent in performing such duties: Provided, 
That at its discretion the committee 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 and 
compensation, as aforesaid.



Sec. 923.34  Annual report.

    The committee shall, prior to the last day of each fiscal period, 
prepare and mail an annual report to the Secretary and make a copy 
available to each handler and grower who requests a copy of the report. 
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 cherry industry; and (c) 
any recommendations for changes in the program.

                        Expenses and Assessments



Sec. 923.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds are reasonable and likely to be incurred by the committee to 
enable it to exercise its powers and perform its duties in accordance 
with the provisions of this part during each fiscal period. The funds to 
cover such expenses shall be acquired by the levying of assessments as 
prescribed in Sec. 923.41.



Sec. 923.41  Assessments.

    (a) Each person who first handles cherries shall, with respect to 
the cherries so handled by him, pay to the committee upon demand such 
person's pro rata share of the expenses which the Secretary finds will 
be incurred by the committee during each fiscal period. Each such 
person's share of such expenses shall be equal to the ratio between the 
total quantity of cherries handled by him as the first handler thereof 
during the applicable fiscal period and the total quantity of cherries 
so handled by all persons during the same fiscal period. 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.

[[Page 194]]

    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person. At any time during or after the fiscal period, 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 which may be incurred. Such increase shall be applied to 
all cherries handled during the applicable fiscal period. In order to 
provide funds for the administration of the provisions of this part 
during the first part of a fiscal period before sufficient operating 
income is available from assessments on the current year's shipments, 
the committee may accept the payment of assessments in advance, and may 
also borrow money for such purpose.
    (c) If a handler does not pay any assessment within the time 
prescribed by the committee, the assessment may be subject to an 
interest or late payment charge, or both, as may be established by USDA 
as recommended by the committee.

[22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 66 FR 58356, Nov. 21, 2001.]



Sec. 923.42  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 as 
follows:
    (1) Except as provided in paragraph (a)(2) 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: Provided, That any sum paid by a person 
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 person.
    (2) The Secretary, upon recommendation of the committee, may 
determine that it is appropriate for the maintenance and functioning of 
the committee that 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 into following periods as a 
reserve. Such reserve may be established at an amount not to exceed 
approximately one fiscal period's operational expenses; and such reserve 
may be used to cover the necessary expenses of liquidation, in the event 
of termination of this part, and to cover the expenses incurred for the 
maintenance and functioning of the committee during any fiscal period 
when there is a crop failure, or during any period of suspension of any 
or all of the provisions of this part. Such reserve may also be used by 
the committee to finance its operations, during any fiscal period, prior 
to the time that assessment income is sufficient to cover such expenses; 
but any of the reserve funds so used shall be returned to the reserve as 
soon as assessment income is available for this purpose. 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.
    (b) All funds received by the committee pursuant to the provisions 
of this part shall be used solely for the purposes 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 
his successor in office, and shall execute such assignments and other 
instruments as may be necessary or appropriate to vest in such successor 
full title to all of the property, funds, and claims vested in such 
member pursuant to this part.

                                Research



Sec. 923.45  Marketing research and development.

    The committee, with the approval of the Secretary, may establish or 
provide

[[Page 195]]

for the establishment of marketing research and development projects 
designed to assist, improve, or promote the marketing, distribution, and 
consumption of cherries. The expense of such projects shall be paid from 
funds collected pursuant to Sec. 923.41.

                               Regulations



Sec. 923.50  Marketing policy.

    (a) Each season prior to making any recommendations pursuant to 
Sec. 923.51, the committee shall submit to the Secretary a report 
setting forth its marketing policy for the ensuing season. Such 
marketing policy report shall contain information relative to:
    (1) The estimated total production of cherries within the production 
area;
    (2) The expected general quality and size of cherries in the 
production area and in other areas;
    (3) The expected demand conditions for cherries in different market 
outlets;
    (4) The expected shipments of cherries produced in the production 
area and in areas outside the production area;
    (5) Supplies of competing commodities;
    (6) Trend and level of consumer income;
    (7) Other factors having a bearing on the marketing of cherries; and
    (8) The type of regulations expected to be recommended during the 
season.
    (b) In the event it becomes advisable, because of changes in the 
supply and demand situation for cherries, to modify substantially such 
marketing policy, the committee shall submit to the Secretary a revised 
marketing policy report setting forth the information prescribed in this 
section. The committee shall publicly announce the contents of each 
marketing policy report, including each revised marketing policy report, 
and copies thereof shall be maintained in the office of the committee 
where they shall be available for examination by growers and handlers.



Sec. 923.51  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of any variety or varieties of cherries in the manner provided 
in Sec. 923.52, it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the committee shall give consideration to 
current information with respect to the factors affecting the supply and 
demand for cherries during the period or periods when it is proposed 
that such regulation should be made effective. With each such 
recommendation for regulation, the committee shall submit to the 
Secretary the data and information on which such recommendation is 
predicated and such other available information as the Secretary may 
request.



Sec. 923.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of cherries whenever he finds, from the 
recommendations and information submitted by the committee, or from 
other available information, that such regulations will tend to 
effectuate the declared policy of the act. Such regulations may:
    (1) Limit, during any period or periods, the shipment of any 
particular grade, size, quality, maturity, or pack, or any combination 
thereof, of any variety or varieties of cherries grown in any district 
or districts of the production area;
    (2) Limit the shipment of cherries by establishing, in terms of 
grades, sizes, or both, minimum standards of quality and maturity during 
any period when season average prices are expected to exceed the parity 
level;
    (3) Fix the size, capacity, weight, dimensions, markings, or pack of 
the container, or containers, which may be used in the packaging or 
handling of cherries.
    (b) The committee shall be informed immediately of any such 
regulation issued by the Secretary, and the committee shall promptly 
give notice thereof to growers and handlers.

[22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 66 FR 58356, Nov. 21, 2001]

[[Page 196]]



Sec. 923.53  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 923.52 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of cherries in order to 
effectuate the declared policy of the act, he shall modify, suspend, or 
terminate such regulation. On the same basis and in like manner the 
Secretary may terminate any such modification or suspension. If the 
Secretary finds that a regulation obstructs or does not tend to 
effectuate the declared policy of the act, he shall suspend or terminate 
such regulation. On the same basis and in like manner the Secretary may 
terminate any such suspension.



Sec. 923.54  Special purpose shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 923.41, 923.52, 923.53, and 
923.55, and the regulations issued thereunder, handle cherries (1) for 
consumption by charitable institutions; (2) for distribution by relief 
agencies; or (3) for commercial processing into products.
    (b) Upon the basis of recommendations and information submitted by 
the committee, or from other available information, the Secretary may 
relieve from any or all requirements, under or established pursuant to 
Sec. 923.41, Sec. 923.52, Sec. 923.53, or Sec. 923.55, the handling of 
cherries in such minimum quantities, or types of shipments, or for such 
specified purposes, as the committee, with approval of the Secretary, 
may prescribe. Specified purposes under this section may include 
shipments of cherries for grading or packing to specified locations 
outside the production area and shipments to facilitate the conduct of 
marketing research and development projects established pursuant to 
Sec. 923.45.
    (c) The committee shall, with the approval of the Secretary, 
prescribe such rules, regulations, and safeguards as it may deem 
necessary to prevent cherries handled under the provisions of this 
section from entering the channels of trade for other than the specific 
purposes authorized by this section. Such rules, regulations, and 
safeguards may include the requirements that handlers shall file 
applications and receive approval from the committee for authorization 
to handle cherries pursuant to this section, and that such applications 
be accompanied by a certification by the intended purchaser or receiver 
that the cherries will not be used for any purpose not authorized by 
this section. The committee may rescind or deny to any packing facility 
the special purpose shipment certificate if proof satisfactory to the 
committee is obtained that cherries shipped for the purpose stated in 
this section were handled contrary to the provisions of this section.

[22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 66 FR 58356, Nov. 21, 2001]



Sec. 923.55  Inspection and certification.

    Whenever the handling of any variety of cherries is regulated 
pursuant to Sec. 923.52 or Sec. 923.53, each handler who handles 
cherries shall, prior thereto, cause such cherries to be inspected by 
the Federal-State Inspection Service, and certified by it as meeting the 
applicable requirements of such regulation: Provided, That inspection 
and certification shall be required for cherries which previously have 
been so inspected and certified only if such cherries have been 
regraded, resorted, repackaged, or in any other way further prepared for 
market. Promptly after inspection and certification, each such handler 
shall submit, or cause to be submitted, to the committee a copy of the 
certificate of inspection issued with respect to such cherries.

                                 Reports



Sec. 923.60  Reports.

    (a) Upon request of the committee, made with the approval of the 
Secretary, each handler shall furnish to the committee, in such manner 
and at

[[Page 197]]

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. 
Such reports may include, but are not necessarily limited to, the 
following: (1) The quantities of each variety of cherries 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 cherries, and (4) the destination of 
each shipment of such cherries.
    (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 are 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 cherries received, and of cherries disposed of, by 
such handler as may be necessary to verify reports pursuant to this 
section.

                        Miscellaneous Provisions



Sec. 923.61  Compliance.

    Except as provided in this part, no person shall handle cherries, 
the shipment of which has been prohibited by the Secretary in accordance 
with the provisions of this part: And no person shall handle cherries 
except in conformity with the provisions of this part.



Sec. 923.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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 accordance therewith prior to such disapproval by 
the Secretary.



Sec. 923.63  Effective time.

    The provisions of this part, and of any amendment thereto, 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 Sec. 923.64.



Sec. 923.64  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 in which he may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part 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 part at the 
end of any fiscal period whenever he finds that continuance is not 
favored by the majority of producers who, during a representative 
period, determined by the Secretary, were engaged in the production area 
in the production of cherries for market: Provided, That such majority 
has produced for market during such period more than 50 percent of the 
volume of cherries produced for market in the production area; but such 
termination shall be effective only if announced on or before March 31 
of the then current fiscal period.
    (d) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.



Sec. 923.65  Proceedings after termination.

    (a) Upon the 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.

[[Page 198]]

    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) 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 (3) 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 hereto.
    (c) 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 the trustees.



Sec. 923.66  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.



Sec. 923.67  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.



Sec. 923.68  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 
United States Department of Agriculture, to act as his agent or 
representative in connection with any of the provisions of this part.



Sec. 923.69  Derogation.

    Nothing contained in the provisions of 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.



Sec. 923.70  Personal liability.

    No member or alternate 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.



Sec. 923.71  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.



Sec. 923.142  Reserve fund.

    (a) The establishment of a reserve fund of an amount which shall not 
exceed approximately 1 fiscal year's operational expenses is appropriate 
and necessary to the maintenance and functioning of the Washington 
Cherry Marketing Committee. The committee is authorized to expend any 
funds in such reserve for expenses authorized pursuant to Sec. 923.42.
    (b) Terms used in this section shall have the same meaning as given 
to the respective term in said marketing agreement and order.

[33 FR 9147, June 21, 1968. Redesignated at 44 FR 73011, Dec. 17, 1979]

    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 .323 through .399) which are in 
effect for a year or less, will not be carried in the Code

[[Page 199]]

of Federal Regulations. For Federal Register citations affecting these 
regulations, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

                             Assessment Rate



Sec. 923.236  Assessment rate.

    On and after April 1, 1997, an assessment rate of $0.75 per ton is 
established for the Washington Cherry Marketing Committee.

[61 FR 40956, Aug. 7, 1996, as amended at 62 FR 41807, Aug. 4, 1997]

               Grade, Size, Container and Pack Regulation



Sec. 923.322  Washington Cherry Regulation 22.

    (a) Grade. No handler shall handle, except as otherwise provided in 
this section, any lot of cherries, except cherries of the Rainier, Royal 
Anne, and similar varieties, commonly referred to as ``light sweet 
cherries'' unless such cherries grade at least Washington No. 1 grade 
except that the following tolerances, by count, of the cherries in the 
lot shall apply in lieu of the tolerances for defects provided in the 
Washington State Standards for Grades of Sweet Cherries: Provided, That 
a total of 10 percent for defects including in this amount not more than 
5 percent, by count, of the cherries in the lot, for serious damage, and 
including in this latter amount not more than one percent, by count, of 
the cherries in the lot, for cherries affected by decay: Provided 
further, That the contents of individual packages in the lot are not 
limited as to the percentage of defects but the total of the defects of 
the entire lot shall be within the tolerances specified.
    (b) Size. No handler shall handle, except as otherwise provided in 
this section, any lot of cherries, except cherries of the Royal Anne and 
similar varieties other than the Rainier variety commonly referred to as 
``light sweet cherries'' unless such cherries meet the following minimum 
size requirements:
    (1) For the Rainier variety, at least 90 percent, by count, of the 
cherries in any lot shall measure not less than \61/64\ inch in diameter 
and not more than 5 percent, by count, may be less than \57/64\ inch in 
diameter.
    (2) For all other varieties, at least 90 percent, by count, of the 
cherries in any lot shall measure not less than \54/64\ inch in diameter 
and not more than 5 percent, by count, may be less than \52/64\ inch in 
diameter.
    (i) All shipments handled in such containers shall be under the 
supervision of the committee; and
    (ii) At least 90 percent, by count, of the cherries in any lot of 
such containers shall measure not less than \54/64\ inch in diameter, 
and not more than 5 percent, by count, may be less than \52/64\ inch in 
diameter.
    (c) Maturity. No handler shall handle, except as otherwise provided 
in this section, any lot of Rainier cherries unless such cherries meet a 
minimum of 17 percent soluble solids as determined from a composite 
sample by refractometer prior to packing, at time of packing, or at time 
of shipment. Provided, That individual lots shall not be combined with 
other lots to meet soluble solids requirements.
    (d) Containers. No handler shall handle any lot of cherries, except 
cherries of the Rainier, Royal Anne, and similar varieties commonly 
referred to as ``light sweet cherries'', unless such cherries are in 
containers which meet each of the following applicable requirements:
    (1) The net weight of loose packed (jumble-filled) cherries in any 
container shall be 12 pounds or less, or 20 pounds or more. The net 
weight of face packed cherries in any container shall be 15 pounds, or 
12 pounds or less: Provided, That containers with a net weight of 12 
pounds or less may be packed together with like containers in a master 
shipping container.
    (2) Subject to the provisions of paragraphs (b)(2) (i) and (ii) of 
this section, shipments of cherries may be handled in such experimental 
containers as have been approved by the Washington Cherry Marketing 
Committee.
    (e) Pack. (1) When containers of cherries are marked with a row 
count/row size designation the row count/row size marked shall be one of 
those shown in Column 1 of the following table and at least 90 percent, 
by count, of the cherries in any lot shall be not smaller

[[Page 200]]

than the corresponding diameter shown in Column 2 of such table: 
Provided, That the content of individual containers in the lot are not 
limited as to the percentage of undersize; but the total of undersize of 
the entire lot shall be within the tolerance specified.

                                  Table
------------------------------------------------------------------------
                                                              Column 2
               Column 1, row count/row size                   diameter
                                                              (inches)
------------------------------------------------------------------------
8.........................................................      \84/64\
8\1/2\....................................................      \79/64\
9.........................................................      \75/64\
9\1/2\....................................................      \71/64\
10........................................................      \67/64\
10\1/2\...................................................      \64/64\
11........................................................      \61/64\
11\1/2\...................................................      \57/64\
12........................................................      \54/64\
------------------------------------------------------------------------

    (2) When containers of cherries are marked with a minimum diameter, 
at least 95 percent, by count, of the cherries in any lot and at least 
90 percent, by count, of the cherries in any container, shall be not 
smaller than such minimum diameter.
    (f) Exceptions. Any individual shipment of cherries which meets each 
of the following requirements may be handled without regard to the 
provisions of paragraphs (a), (b), (c), (d), and (e) of this section, 
and of Secs. 923.41 and 923.55.
    (1) The shipment consists of cherries sold for home use and not for 
resale;
    (2) The shipment does not, in the aggregate, exceed 100 pounds, net 
weight, of cherries; and
    (3) Each container is stamped or marked with the words not for 
resale in letters at least one-half inch in height.
    (g) Definitions. When used herein, Washington No. 1 and diameter 
shall have the same meaning as when used in the Washington State 
Standards for Grades of Sweet Cherries (Order 1550 effective April 29, 
1978, WAC 16-414-050); face packed means that cherries in the top layer 
in any container are so placed that the stem ends are pointing downward 
toward the bottom of the container; row count/row size means the number 
of cherries of a uniform size necessary to pack row-faced across a 10\1/
2\ inch inside width container or comparable number of cherries when 
packed loose in a container.

[47 FR 31538, July 21, 1982, as amended at 49 FR 27135, July 2, 1984; 51 
FR 23040, June 25, 1986; 51 FR 29210, Aug. 15, 1986; 52 FR 20382, June 
1, 1987; 58 FR 30698, May 27, 1993; 59 FR 31920, June 21, 1994; 60 FR 
66859, Dec. 27, 1995; 64 FR 33743, June 24, 1999; 64 FR 53885, Oct. 5, 
1999]



PART 924--FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON AND IN UMATILLA COUNTY, OREGON--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
924.1  Secretary.
924.2  Act.
924.3  Person.
924.4  Production area.
924.5  Prunes.
924.6  Varieties.
924.7  Fiscal period.
924.8  Committee.
924.9  Grade.
924.10  Size.
924.11  Grower.
924.12  Handler.
924.13  Handle.
924.14  District.
924.15  Export.
924.16  Pack.
924.17  Container.

                           Administrative Body

924.20  Establishment and membership.
924.21  Term of office.
924.22  Nominations.
924.23  Selection.
924.24  Failure to nominate.
924.25  Acceptance.
924.26  Vacancies.
924.27  Alternate members.
924.30  Powers.
924.31  Duties.
924.32  Procedure.
924.33  Expenses and compensation.
924.34  Annual report.

                        Expenses and Assessments

924.40  Expenses.
924.41  Assessments.
924.42  Accounting.

                                Research

924.45  Research and development.

                               Regulations

924.50  Marketing policy.
924.51  Recommendations for regulation.

[[Page 201]]

924.52  Issuance of regulations.
924.53  Modification, suspension, or termination of regulations.
924.54  Special purpose shipments.
924.55  Inspection and certification.

                                 Reports

924.60  Reports.

                        Miscellaneous Provisions

924.61  Compliance.
924.62  Right of the Secretary.
924.63  Effective time.
924.64  Termination.
924.65  Proceedings after termination.
924.66  Effect of termination or amendment.
924.67  Duration of immunities.
924.68  Agents.
924.69  Derogation.
924.70  Personal liability.
924.71  Separability.

                     Subpart--Rules and Regulations

924.101  Changes in district representation.
924.110  Waiver of inspection and certification.
924.142  Reserve fund.

                        Subpart--Assessment Rate

924.236  Assessment rate.

                  Subpart--Grade and Size Requirements

924.319  Prune Regulation 19.

    Authority: 7 U.S.C. 601-674.

    Source: 25 FR 6350, July 7, 1960, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.



                   Subpart--Order Regulating Handling

                               Definitions



Sec. 924.1  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.



Sec. 924.2  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 (sections 1-19, 48 Stat. 31, as amended; 7 
U.S.C. 601-674).



Sec. 924.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 924.4  Production area.

    Production area means the Counties of Okanogan, Chelan, Kittitas, 
Yakima, and Klickitat in the State of Washington and all counties in 
Washington lying east thereof and Umatilla County in the State of 
Oregon.



Sec. 924.5  Prunes

    Prunes means all varieties of plums, classified botanically as 
Prunus domestica, grown in the production area, except those of the 
President variety.



Sec. 924.6  Varieties.

    Varieties means and includes all classifications or subdivisions of 
prunes.



Sec. 924.7  Fiscal period.

    Fiscal period is synonymous with fiscal year and means the 12-month 
period ending on March 31 of each year or such other period that may be 
approved by the Secretary pursuant to recommendations by the committee.



Sec. 924.8  Committee.

    Committee means the Washington-Oregon Fresh Prune Marketing 
Committee established pursuant to Sec. 924.20.



Sec. 924.9  Grade.

    Grade means any one of the officially established grades of prunes 
as defined and set forth in the United States Standards for Fresh Plums 
and Prunes (Secs. 51.1520 through 51.1537 of this title) or amendments 
thereto, or modifications thereof, or variations based thereon.



Sec. 924.10  Size.

    Size means the shortest dimension, measured through the center of 
the prune, at right angles to a line running from the stem to the 
blossom end, or such other specifications as may be established by the 
committee with the approval of the Secretary.

[[Page 202]]



Sec. 924.11  Grower.

    Grower is synonymous with producer and means any person who produces 
prunes for market and who has a proprietary interest therein.



Sec. 924.12  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting prunes owned by another person) 
who handles prunes.



Sec. 924.13  Handle.

    Handle or ship means to sell, consign, deliver, or transport prunes 
within the production area or between the production area and any point 
outside thereof: Provided, That the term ``handle'' shall not include 
the transportation within the production area of prunes from the orchard 
where grown to a packing facility located within such area for 
preparation for market.



Sec. 924.14  District.

    District means the applicable one of the following described 
subdivisions of the production area, or such other subdivisions as may 
be prescribed pursuant to Sec. 924.31(m):
    (a) District 1 shall include all of the production area except Walla 
Walla, Columbia, Garfield, and Asotin Counties in the State of 
Washington, and Umatilla County in the State of Oregon.
    (b) District 2 shall include the County of Umatilla in the State of 
Oregon and the Counties of Walla Walla, Columbia, Garfield, and Asotin 
in the State of Washington.



Sec. 924.15  Export.

    Export means to ship prunes to any destination which is not within 
the 48 contiguous States, or the District of Columbia, of the United 
States.



Sec. 924.16  Pack.

    Pack means the specific arrangement, size, weight, count, or grade 
of a quantity of prunes in a particular type and size of container, or 
any combination thereof.



Sec. 924.17  Container.

    Container means a box, bag, crate, lug, basket, carton, package, or 
any other type of receptacle used in the packaging or handling of 
prunes.

                           Administrative Body



Sec. 924.20  Establishment and membership.

    There is hereby established a Washington-Oregon Fresh Prune 
Marketing Committee consisting of 9 members, each of whom shall have an 
alternate who shall have the same qualifications as the member for whom 
he is an alternate. Six of the members and their respective alternates 
shall be growers or officers or employees of corporate growers. Three of 
the members and their respective alternates shall be handlers, or 
officers or employees of handlers. The 6 members of the committee who 
are growers or employees or officers of corporate growers are 
hereinafter referred to as ``grower members'' of the committee; and the 
3 members of the committee who shall be handlers, or officers or 
employees of handlers, are hereinafter referred to as ``handler 
members'' of the committee. Four of the grower members and their 
respective alternates shall be producers of prunes in District 1, and 2 
of the grower members and their respective alternates shall be producers 
of prunes in District 2. Two of the handler members and their respective 
alternates shall be handlers of prunes in District 1, and 1 of the 
handler members and his respective alternate shall be handlers of prunes 
in District 2.



Sec. 924.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall be for two years beginning April 1 and ending March 31: 
Provided, That the term of office of one-half the initial grower members 
and alternates from each district and one handler member and alternate 
from District 1 shall end March 31, 1961. Members and alternate members 
shall serve in such capacities 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.

[[Page 203]]



Sec. 924.22  Nominations.

    (a) Initial members. Nominations for each of the initial members of 
the committee, together with nominations for the initial alternate 
members for each position, may be submitted to the Secretary by 
individual growers and handlers. Such nominations may be made by means 
of group meetings of the growers and handlers concerned in each 
district. Such nominations, if made, shall be filed with the Secretary 
no later than the effective date of this part. In the event nominations 
for initial members and alternate members of the committees are not 
filed pursuant to, and within the time specified in, this section, the 
Secretary may select such initial members and alternate members without 
regard to nominations, but selections shall be on the basis of the 
representation provided for in Sec. 924.20.
    (b) Successor members. (1) Except as may otherwise be prescribed 
pursuant to paragraph (b)(3) of this section, the committee shall hold 
or cause to be held, not later than March 1 of each year, a meeting or 
meetings of growers and handlers in each district for the purpose of 
designating nominees for successor members and alternate members of the 
committee. At each such meeting a chairman and a secretary shall be 
selected by the growers and handlers eligible to participate therein. 
The chairman shall announce at the meeting the number of votes cast for 
each person nominated for member or alternate member and shall submit 
promptly to the committee a complete report concerning such meeting. The 
committee shall, in turn, promptly submit a copy of each such report to 
the Secretary.
    (2) Only growers, including duly authorized officers or employees of 
corporate growers, who are present at such nomination meetings may 
participate in the nomination and election of nominees for grower 
members and their alternates. Each grower shall be entitled to cast only 
one vote for each nominee to be elected in the district in which he 
produces prunes. No grower shall participate in the election of nominees 
in more than one district in any one fiscal year. If a person is both a 
grower and a handler of prunes, such person may vote either as a grower 
or as a handler but not as both.
    (3) Only handlers, including duly authorized officers or employees 
of handlers, who are present at such nomination meetings, may 
participate in the nomination and election of nominees for handler 
members and their alternates: Provided, That, in the event the committee 
determines that attendance at such nomination meetings is not 
representative of handlers generally, it may, with the approval of the 
Secretary, obtain nominations for handler members and their alternates 
by mail ballot. Each handler shall be entitled to cast only one vote for 
each nominee to be elected in the district in which he handles prunes, 
which vote shall be weighted by the volume of prunes handled by such 
handler during the then current fiscal year. No handler shall 
participate in the election of nominees in more than one district in any 
one fiscal year. If a person is both a grower and a handler of prunes, 
such person may vote either as a grower or as a handler but not as both.



Sec. 924.23  Selection.

    From the nominations made pursuant to Sec. 924.22, or from other 
qualified persons, the Secretary shall select the 6 grower members of 
the committee, the 3 handler members of the committee, and an alternate 
for each such member.



Sec. 924.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 924.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of the representation provided for in Sec. 924.20.



Sec. 924.25  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 promptly after being notified of such selection.



Sec. 924.26  Vacancies.

    To fill any vacancy occasioned by the failure of any person selected 
as a member or as an alternate member of

[[Page 204]]

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 for the unexpired term of such member or 
alternate member of the committee shall be nominated and selected in the 
manner specified in Secs. 924.22 and 924.23. If the names of nominees to 
fill any such vacancy are not made available to the Secretary within a 
reasonable time after such vacancy occurs, the Secretary may fill such 
vacancy without regard to nominations, which selection shall be made on 
the basis of representation provided for in Sec. 924.20.



Sec. 924.27  Alternate members.

    An alternate member of the committee, during the absence or at the 
request of the member for whom he is an alternate, shall act in the 
place and stead of such member and perform such 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. In the event 
both a member of the committee and his alternate are unable to attend a 
committee meeting, the member or the committee may designate any other 
alternate member from the same district and group (handler or grower) to 
serve in such member's place and stead.



Sec. 924.30  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 924.31  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine the compensation and to define the 
duties of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal period a budget for such fiscal period, 
including a report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such period;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a competent accountant at 
least once each fiscal year and at such time as the Secretary may 
request;
    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate and assemble data on the growing, handling, and 
marketing conditions with respect to prunes;
    (i) To submit to the Secretary such available information as he may 
request;
    (j) To notify producers and handlers of all meetings of the 
committee to consider recommendations for regulations;
    (k) To give the Secretary the same notice of meetings of the 
committee as is given to its members;
    (l) To investigate compliance with 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 any such 
changes shall reflect, insofar as practicable, shifts in prune 
production within the districts and the production area.

[[Page 205]]



Sec. 924.32  Procedure.

    (a) Six members of the committee, including alternates acting for 
members, shall constitute a quorum; and any action of the committee 
shall require the concurring vote of at least 6 members: Provided, That 
any action relating to regulations authorized by Secs. 924.52 and 924.53 
which would be effective in District 2 shall require the concurring vote 
of at least 2 members from District 2.
    (b) The committee may provide for simultaneous meetings of groups of 
its members assembled at two or more designated places: Provided, That 
such meetings shall be subject to the establishment of communication 
between all such groups and the availability of loud speaker receivers 
for each group so that each member may participate in the discussions 
and other actions the same as if the committee were assembled in one 
place. Any such meeting shall be considered as an assembled meeting.
    (c) The committee may vote by telegraph, telephone, or other means 
of communication, and any votes so cast shall be confirmed promptly in 
writing: Provided, That if an assembled meeting is held, all votes shall 
be cast in person.



Sec. 924.33  Expenses and compensation.

    The members of the committee, and alternates when acting as members, 
shall be reimbursed for expenses necessarily incurred by them in the 
performance of their duties under this part and may also receive 
compensation, as determined by the committee, which shall not exceed $10 
per day or portion thereof spent in performing such duties: Provided, 
That at its discretion the committee 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 and 
compensation, as aforesaid.



Sec. 924.34  Annual report.

    The committee shall, prior to the last day of each fiscal period, 
prepare and mail an annual report to the Secretary and make a copy 
available to each handler and grower who requests a copy of the report. 
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 prune industry; and (c) 
any recommendations for changes in the program.

                        Expenses and Assessments



Sec. 924.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds 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 during 
each fiscal period. The funds to cover such expenses shall be acquired 
by the levying of assessments as prescribed in Sec. 924.41.



Sec. 924.41  Assessments.

    (a) Each person who first handles prunes shall, with respect to the 
prunes so handled by him, pay to the committee upon demand such person's 
pro rata share of the expenses which the Secretary finds will be 
incurred by the committee during each fiscal period. Each such person's 
share of such expenses shall be equal to the ratio between the total 
quantity of prunes handled by him as the first handler thereof during 
the applicable fiscal period and the total quantity of prunes so handled 
by all persons during the same fiscal period. 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.
    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person. At any time during or after the fiscal period, 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 which may be incurred. Such increase shall be applied to 
all prunes handled during the applicable fiscal period. In order to 
provide funds for the administration of the provisions of this part 
during the first part

[[Page 206]]

of a fiscal period before sufficient operating income is available from 
assessments on the current year's shipments, the committee may accept 
the payment of assessments in advance, and may also borrow money for 
such purpose.



Sec. 924.42  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 as 
follows:
    (1) Except as provided in paragraphs (a) (2) and (3) 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: Provided, That any sum 
paid by a person 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 
person.
    (2) 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 year's 
operational expenses. Funds in such reserve shall be available for use 
by the committee for all expenses authorized pursuant to Sec. 924.40.
    (3) 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.
    (b) All funds received by the committee pursuant to the provisions 
of this part shall be used solely for the purposes 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 
his successor in office, and shall execute such assignments and other 
instruments as may be necessary or appropriate to vest in such successor 
full title to all of the property, funds, and claims vested in such 
member pursuant to this part.

                                Research



Sec. 924.45  Research and development.

    The committee, with the approval of the Secretary, may establish or 
provide for the establishment of production research, and marketing 
research and development projects designed to assist, improve, or 
promote the marketing, distribution, and consumption or efficient 
production of fresh prunes. The expense of such projects shall be paid 
from funds collected pursuant to Sec. 924.41.

[39 FR 33306, Sept. 17, 1974]

                               Regulations



Sec. 924.50  Marketing policy.

    (a) Each season prior to making any recommendations pursuant to 
Sec. 924.51, the committee shall submit to the Secretary a report 
setting forth its marketing policy for the ensuring season. Such 
marketing policy report shall contain information relative to:
    (1) The estimated total production of prunes within the production 
area;
    (2) The expected general quality and size of prunes in the 
production area and in other areas;
    (3) The expected demand conditions for prunes in different market 
outlets;
    (4) The expected shipments of prunes produced in the production area 
and in areas outside the production area;
    (5) Supplies of competing commodities;
    (6) Trend and level of consumer income;
    (7) Other factors having a bearing on the marketing of prunes; and
    (8) The type of regulations expected to be recommended during the 
season.
    (b) In the event it becomes advisable, because of changes in the 
supply and demand situation for prunes, to modify substantially such 
marketing policy,

[[Page 207]]

the committee shall submit to the Secretary a revised marketing policy 
report setting forth the information prescribed in this section. The 
committee shall publicly announce the contents of each marketing policy 
report, including each revised marketing policy report, and copies 
thereof shall be maintained in the office of the committee where they 
shall be available for examination by growers and handlers.



Sec. 924.51  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of any variety or varieties of prunes in the manner provided in 
Sec. 924.52, it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the committee shall give consideration to 
current information with respect to the factors affecting the supply and 
demand for prunes during the period or periods when it is proposed that 
such regulation should be made effective. With each such recommendation 
for regulation, the committee shall submit to the Secretary the data and 
information on which such recommendation is predicated and such other 
available information as the Secretary may request.



Sec. 924.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of prunes whenever he finds, from the 
recommendations and information submitted by the committee, or from 
other available information, that such regulations will tend to 
effectuate the declared policy of the act. Such regulations may:
    (1) Limit, during any period or periods, the shipment of any 
particular grade, size, quality, maturity, or pack or any combination 
thereof, of any variety or varieties of prunes grown in any district or 
districts: Provided, That whenever any regulation under this paragraph 
prescribes a specific maturity requirement applicable to the handling of 
any variety of prunes, such maturity requirement shall apply uniformly 
to all prunes of such variety grown in both districts;
    (2) Limit the shipment of prunes by establishing, in terms of 
grades, sizes, or both, minimum standards of quality and maturity during 
any period when season average prices are expected to exceed the parity 
level;
    (3) Fix the size, capacity, weight, dimensions, markings, or pack of 
the container, or containers, which may be used in the packaging or 
handling of prunes;
    (4) Prescribe requirements, as provided in this paragraph, 
applicable to exports of any variety of prunes which are different from 
those applicable to the handling of the same variety to other 
destinations.
    (b) The committee shall be informed immediately of any such 
regulation issued by the Secretary, and the committee shall promptly 
give notice thereof to growers and handlers.



Sec. 924.53  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 924.52 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of prunes in order to 
effectuate the declared policy of the act, he shall modify, suspend, or 
terminate such regulation. On the same basis and in like manner the 
Secretary may terminate any such modification or suspension. If the 
Secretary finds that a regulation obstructs or does not tend to 
effectuate the declared policy of the act, he shall suspend or terminate 
such regulation. On the same basis and in like manner the Secretary may 
terminate any such suspension.



Sec. 924.54  Special purpose shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 924.41, 924.52, 924.53, and 
924.55, and the regulations issued thereunder, handle prunes (1) for 
consumption by charitable institutions; (2) for distribution by relief

[[Page 208]]

agencies; or (3) for commercial processing into products.
    (b) Upon the basis of recommendations and information submitted by 
the committee, or from other available information, the Secretary may 
relieve from any or all requirements, under or established pursuant to 
Sec. 924.41, Sec. 924.52, Sec. 924.53, or Sec. 924.55, the handling of 
prunes in such minimum quantities, or types of shipments, or for such 
specified purposes (including shipments to facilitate the conduct of 
marketing research and development projects established pursuant to 
Sec. 924.45) as the committee, with approval of the Secretary, may 
prescribe.
    (c) The committee shall, with the approval of the Secretary, 
prescribe such rules, regulations, and safeguards as it may deem 
necessary to prevent prunes handled under the provisions of this section 
from entering the channels of trade for other than the specific purposes 
authorized by this section. Such rules, regulations, and safeguards may 
include the requirements that handlers shall file applications and 
receive approval from the committee for authorization to handle prunes 
pursuant to this section, and that such applications be accompanied by a 
certification by the intended purchaser or receiver that the prunes will 
not be used for any purpose not authorized by this section.



Sec. 924.55  Inspection and certification.

    Whenever the handling of any variety of prunes is regulated pursuant 
to Sec. 924.52 or Sec. 924.53, each handler who handles prunes shall, 
prior thereto, cause such prunes to be inspected by the Federal or 
Federal-State Inspection Service, and certified by it as meeting the 
applicable requirements of such regulation: Provided, That inspection 
and certification shall be required for prunes which previously have 
been so inspected and certified only if such prunes have been regraded, 
resorted, repackaged, or in any other way further prepared for market. 
Promptly after inspection and certification, each such handler shall 
submit, or cause to be submitted, to the committee a copy of the 
certificate of inspection issued with respect to such prunes. The 
committee may, with the approval of the Secretary, prescribe rules and 
regulations modifying the inspection requirements of this section as to 
time and place such inspection shall be performed whenever it is 
determined it would not be practical to perform the required inspection 
at a particular location: Provided, That all such shipments shall comply 
with all regulations in effect.

                                 Reports



Sec. 924.60  Reports.

    (a) 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. Such reports may include, but are not necessarily limited to, the 
following: (1) The quantities of each variety of prunes 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 prunes; and (4) the destination of each 
shipment of such prunes.
    (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 are 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 prunes received, and of prunes disposed of, by such 
handler as may be necessary to verify reports pursuant to this section.

                        Miscellaneous Provisions



Sec. 924.61  Compliance.

    Except as provided in this part, no person shall handle prunes, the 
shipment of which has been prohibited by

[[Page 209]]

the Secretary in accordance with the provisions of this part; and no 
person shall handle prunes except in conformity with the provisions and 
the regulations issued under this part.



Sec. 924.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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 accordance therewith prior to such disapproval by 
the Secretary.



Sec. 924.63  Effective time.

    The provisions of this part and any amendments thereto shall become 
effective at such time as the Secretary may declare above his signature, 
and shall continue in force until terminated in one of the ways 
specified in Sec. 924.64.



Sec. 924.64  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 in which he may determine.
    (b) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part 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 part at the 
end of any fiscal period whenever he finds that continuance is not 
favored by the majority of producers who, during a representative period 
determined by the Secretary, were engaged in the production area in the 
production of prunes for market in fresh form: Provided, That such 
majority has produced for market during such period more than 50 percent 
of the volume of prunes produced for fresh market in the production 
area; but such termination shall be effective only if announced on or 
before March 31 of the then current fiscal period.
    (d) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.



Sec. 924.65  Proceedings after termination.

    (a) Upon the 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.
    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) 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 (3) 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 hereto.
    (c) 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 the trustees.



Sec. 924.66  Effect of termination or amendment.

    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 under this part, or (b) 
release or extinguish any violation of this part or of any regulation 
issued under this part, or (c) affect or impair any rights or remedies 
of the Secretary or of any other person with respect to any such 
violation.

[[Page 210]]



Sec. 924.67  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.



Sec. 924.68  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 
United States Department of Agriculture, to act as his agent or 
representative in connection with any of the provisions of this part.



Sec. 924.69  Derogation.

    Nothing contained in the provisions of 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.



Sec. 924.70  Personal liability.

    No member or alternate 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.



Sec. 924.71  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.



                     Subpart--Rules and Regulations



Sec. 924.101  Changes in district representation.

    Beginning with the 1970-71 fiscal period, the representation or 
membership on the Washington-Oregon Fresh Prune Marketing Committee is 
reapportioned as follows:
    (a) Three (3) grower members and their respective alternates shall 
be producers of prunes in District 1;
    (b) Three (3) grower members and their respective alternates shall 
be producers of prunes in District 2;
    (c) Two (2) handler members and their respective alternates shall be 
producers of prunes in District 1; and
    (d) One (1) handler member and his alternate shall be handlers of 
prunes in District 2.

[35 FR 3798, Feb. 27, 1970]



Sec. 924.110  Waiver of inspection and certification.

    (a) Application. Any handler (including a grower-handler packing and 
handling prunes of such handler's own production), whose packing 
facilities are located in an area where either a Washington State Plant 
Industry Division Inspection Office or Oregon State Plant Industry 
Inspection Office or Federal-State Inspector is not readily available to 
perform the required inspection may, prior to shipment, apply to the 
Committee for a permit authorizing a waiver of inspection. Applications 
shall be made on forms furnished by the Committee and shall contain such 
information as the Committee may require including: Name and address of 
applicant, location of packing facility, distance of packing facility 
from the nearest inspection office, period (approximate beginning and 
ending dates) during which the applicant expects to ship to fresh market 
during the period, manner in which the majority of applicant's fruit 
will be marketed (i.e., transported by applicant to market, sold at 
orchard to truckers, etc.), areas or markets to which the applicant 
expects to ship the majority of the

[[Page 211]]

prunes. The application shall also contain an agreement by applicant
    (1) not to ship or handle any prunes unless such prunes meet the 
grade, size, maturity, container, and all other requirements of the 
marketing agreement and order in effect at time of handling;
    (2) to report periodically to the Committee on reporting forms 
furnished by the Committee, the following information on each shipment: 
quantity, variety, grade, minimum size, container, date of shipment, 
destination, name and address of buyer or receiver, and such other 
information as the Committee may specify;
    (3) to pay applicable assessments on each shipment;
    (4) to have or cause to have each shipment of prunes inspected when 
such shipment is transported to a market or through a location enroute 
to market where an inspector is available; and
    (5) to comply with such other safeguards as the Committee may 
prescribe.
    (b) Issuance of permit. Whenever the Committee finds and determines 
from the information contained in the application or from other proof 
satisfactory to the Committee that the applicant is entitled to a waiver 
from the inspection requirements of the marketing agreement and order at 
time of shipment, the Committee shall issue a permit authorizing the 
applicant to ship prunes in accordance with these administrative 
regulations and the terms and conditions of such permit.

[44 FR 49416, Aug. 23, 1979]



Sec. 924.142  Reserve fund.

    (a) The establishment of a reserve fund of an amount which shall not 
exceed approximately one fiscal year's operational expenses is 
appropriate and necessary to the maintenance and functioning of the 
Washington-Oregon Fresh Prune Marketing Committee. The committee is 
hereby authorized to carry forward in the aforesaid reserve $4,863.46 
which are excess assessment funds from the fiscal period ended March 31, 
1961. Such reserve shall be used in accordance with the provisions of 
Sec. 924.42 of said marketing agreement and order (Secs. 924.1 to 
924.71).
    (b) Terms used in this section shall have the same meaning as given 
to the respective term in said marketing agreement and order.

[26 FR 8664, Sept. 16, 1961. Redesignated at 26 FR 12751, Dec. 30, 1961 
and 44 FR 73011, Dec. 17, 1979]

    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 .320 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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



                        Subpart--Assessment Rate



Sec. 924.236  Assessment rate.

    On and after April 1, 2001, an assessment rate of $1.00 per ton is 
established for the Washington-Oregon Fresh Prune Marketing Committee.

[66 FR 42415, Aug. 13, 2001]



                  Subpart--Grade and Size Requirements



Sec. 924.319  Prune Regulation 19.

    (a) During the period beginning July 15 and ending September 30, no 
handler shall handle any lot of prunes, except prunes of the Brooks 
variety, unless:
    (1) Such prunes grade at least U.S. No. 1, except that at least two-
thirds of the surface of the prune is required to be purplish in color, 
and such prunes measure not less than 1\1/4\ inches in diameter as 
measured by a rigid ring: Provided, That the following tolerances, by 
count, of the prunes in any lot shall apply in lieu of the tolerance for 
defects provided in the United States Standards for Grades of Fresh 
Plums and Prunes: A total of not more than 15 percent for defects, 
including therein not more than the following percentage for the defect 
listed:
    (i) 10 percent for prunes which fail to meet the color requirement;
    (ii) 10 percent for prunes which fail to meet the minimum diameter 
requirement;
    (iii) 10 percent for prunes which fail to meet the remaining 
requirements of the grade: Provided, That not more

[[Page 212]]

than one-half of this amount, or 5 percent, shall be allowed for defects 
causing serious damage, including in the latter amount not more than 1 
percent for decay; or
    (2) Such prunes are handled in accordance with paragraph (b) of this 
section.
    (b) Notwithstanding any other provision of this regulation, any 
individual shipment which, in the aggregate, does not exceed 500 pounds 
net weight, of prunes of the Stanley or Merton varieties of prunes, or 
350 pounds net weight, of prunes of any variety other than Stanley or 
Merton varieties of prunes, which meets each of the following 
requirements may be handled without regard to the provisions of 
paragraph (a) of this section, and of Secs. 924.41 and 924.55:
    (1) The shipment consists of prunes sold for home use and not for 
resale, and
    (2) Each container is stamped or marked with the handler's name and 
address and with the words ``not for resale'' in letters at least one-
half inch in height.
    (c) The term U.S. No. 1 shall have the same meaning as when used in 
the United States Standards for Grades of Fresh Plums and Prunes (7 CFR 
2851.1520 through 2851.1538); the term purplish color shall have the 
same meaning as when used in the Washington State Department of 
Agriculture Standards for Italian Prunes (April 29, 1978), and in the 
Oregon State Department of Agriculture Standards for Italian Prunes 
(October 5, 1977); the term diameter means the greatest dimension 
measured at right angles to a line from the stem to blossom end of the 
fruit; and, except as otherwise specified, all other terms shall have 
the same meaning as when used in the marketing agreement and order.

[46 FR 38668, July 29, 1981, as amended at 49 FR 27732, July 6, 1984; 61 
FR 40958, Aug. 7, 1996]



PART 925--GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA--Table of Contents




                               Definitions

Sec.
925.1  Secretary.
925.2  Act.
925.3  Person.
925.4  Grapes.
925.5  Production area.
925.6  Varieties.
925.7  Producer.
925.8  Handler.
925.10  Handle.
925.11  Pack.
925.12  Fiscal period.
925.13  Container.
925.14  Committee.

                           Administrative Body

925.20  Establishment and membership.
925.21  Term of office.
925.22  Nomination.
925.23  Selection.
925.24  Failure to nominate.
925.25  Acceptance.
925.26  Vacancies.
925.27  Alternate members.
925.28  Powers.
925.29  Duties.
925.30  Procedure.
925.31  Compensation and expenses.
925.32  Annual report.

                        Expenses and Assessments

925.40  Expenses.
925.41  Assessments.
925.42  Accounting.

                     Research and Market Development

925.45  Production research and market research and development.

                               Regulations

925.50  Marketing policy.
925.51  Recommendation for regulation.
925.52  Issuance of regulations.
925.53  Modification, suspension, or termination of regulations.
925.54  Special purpose shipments.

                      Inspection and Certification

925.55  Inspection and certification.

                                 Reports

925.60  Reports.

                        Miscellaneous Provisions

925.61  Compliance.
925.62  Right of the Secretary.
925.63  Termination.
925.64  Proceedings after termination.
925.65  Effect of termination or amendment.
925.66  Duration of immunities.
925.67  Derogation.
925.68  Personal liability.
925.69  Separability.

                     Subpart--Rules and Regulations

925.112  Fiscal period.

[[Page 213]]

925.141  Late payments.

                        Subpart--Assessment Rates

925.215  Assessment rate.
925.304  California Desert Grape Regulation 6.

    Authority: 7 U.S.C. 601-674.

    Source: 45 FR 40566, June 16, 1980, unless otherwise noted.

                               Definitions



Sec. 925.1  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.



Sec. 925.2  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 (48 Stat. 31, as amended; 7 U.S.C. 601-674).



Sec. 925.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 925.4  Grapes.

    Grapes means any variety of vinifera species table grapes grown in 
the production area.



Sec. 925.5  Production area.

    Production area means Imperial County, California, and that part of 
Riverside County and San Diego County, California, situated east of a 
line drawn due north and south through the Post Office in White Water, 
California.



Sec. 925.6  Varieties.

    Varieties means and includes all classifications or subdivisions of 
Vitis vinifera table grapes.



Sec. 925.7  Producer.

    Producer is synonymous with grower and means any person who produces 
grapes for the fresh market and who has a proprietary interest therein.



Sec. 925.8  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier of grapes owned by another person) who 
handles grapes or causes grapes to be handled.



Sec. 925.10  Handle.

    Handle is synonymous with ship and means to pack, sell, deliver 
(including delivery to a storage facility), transport, or in any way to 
place grapes in the current of commerce within the production area or 
between the production area and any point outside thereof: Provided, 
That such term shall not include the sale of grapes on the vine and 
except when regulations are effective pursuant to Sec. 925.52(a)(5) 
shall not include the transportation or delivery of grapes to a 
packinghouse within the production area for preparation for market.



Sec. 925.11  Pack.

    Pack means the specific arrangement, weight, grade or size, 
including the uniformity thereof, of the grapes within a container: 
Provided, That when used in or with respect to Sec. 925.52(a)(5) such 
term shall mean to place grapes into containers for shipment to market 
as fresh grapes.



Sec. 925.12  Fiscal period.

    Fiscal period is synonymous with fiscal year and means the 12 month 
period beginning on December 1 of one year and ending the last day of 
November of the following year or such other period as the committee, 
with the approval of the Secretary, may prescribe.



Sec. 925.13  Container.

    Container means any lug, box, bag, crate, carton, or any other 
receptacle used in packing grapes for shipment as fresh grapes, and 
includes the dimensions, capacity, weight, marking, and any pads, 
liners, lids, and any or all appurtenances thereto or parts thereof. The 
term applies, in the case of grapes packed in consumer packages, to the 
master receptacle and to any and all packages therein.

[[Page 214]]



Sec. 925.14  Committee.

    Committee means the California Desert Grape Administrative Committee 
established under Sec. 925.20.

                           Administrative Body



Sec. 925.20  Establishment and membership.

    (a) There is hereby established a California Desert Grape 
Administrative Committee consisting of 12 members, each of whom shall 
have an alternate who shall have the same qualifications as the member. 
Five of the members and their alternates shall be producers or officers 
or employees of producers (producer members). Five of the members and 
their alternates shall be handlers or officers or employees of handlers 
(handler members). One member and alternate shall be either a producer 
or handler or officer or employee thereof. One member and alternate 
shall represent the public.
    (b) Not more than two members and not more than two alternate 
members shall be affiliated with the same handler entity.
    (c) The committee may, with the approval of the Secretary, provide 
such other allocation of producer or handler membership, or both, as may 
be necessary to assure equitable representation.



Sec. 925.21  Term of office.

    The term of office of the members and alternates shall be one fiscal 
period. Each member and alternate shall serve in such capacities 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.



Sec. 925.22  Nomination.

    (a) Initial members. Nominations for each of the initial members, 
together with nominations for the initial alternate members for each 
position, may be submitted to the Secretary by the Committee responsible 
for promulgation of this part. Such nominations may be made by means of 
a meeting of the growers and a meeting of the handlers. Such 
nominations, if made, shall be filed with the Secretary no later than 
the effective date of this part. In the event nominations for initial 
members and alternate members of the committee are not filed pursuant 
to, and within the time specified in, this section, the Secretary may 
select such initial members and alternate members without regard to 
nominations, but selections shall be on the basis of the representation 
provided in Sec. 925.20.
    (b) Successor members. The Secretary shall cause to be held, not 
later than November 15, of each year, meetings of producers and handlers 
for the purpose of making nominations for members and alternate members 
of the committee.
    (c) Only producers, including duly authorized officers or employees 
of producers, who are present at such nomination meetings, may 
participate in the nomination and election of nominees for producer 
members and their alternates. Each producer entity shall be entitled to 
cast only one vote. If a person is both a producer and a handler of 
grapes, such person may participate in both producer and handler 
nominations.
    (d) Only handlers, including duly authorized officers or employees 
of handlers, who are present at such nomination meetings, may 
participate in the nomination and election of nominees for handler 
members and their alternates. Each handler entity shall be entitled to 
cast only one vote.
    (e) One member and alternate member shall be nominated by a vote of 
both producers and handlers and may be of either group.
    (f) The public member and alternate member shall be nominated by the 
committee. The committee shall prescribe, with the approval of the 
Secretary, procedures for the nomination of the public member and 
qualification requirements for such member.



Sec. 925.23  Selection.

    The Secretary shall select members and alternate members of the 
committee from persons nominated pursuant to Sec. 925.22 or from other 
qualified persons.



Sec. 925.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
specified in Sec. 925.22 the Secretary may select the

[[Page 215]]

members and alternate members of the committee without regard to 
nominations on the basis of the representation provided for in 
Sec. 925.20.



Sec. 925.25  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 promptly after being notified of such selection.



Sec. 925.26  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 
member or alternate member of the committee, a successor for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected in the manner specified in Secs. 925.22 and 
925.23. If the names of the nominees to fill any such vacancy are not 
made available to the Secretary within a reasonable time 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 Sec. 925.20.



Sec. 925.27  Alternate members.

    An alternate member shall act in the place of the member during such 
member's absence or at such member's request, and may be assigned other 
program duties by the chairman or the committee. 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. In the event that both a member and that 
member's alternate are unable to attend a committee meeting, the member 
or committee members present may designate any other alternate to serve 
in such member's place at the meeting if such action is necessary to 
secure a quorum: Provided, That not more than two members or alternates 
acting for members who are affiliated with the same handler entity shall 
serve as members at the same meeting.



Sec. 925.28  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 925.29  Duties.

    The committees shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine compensation and to define the duties 
of each;
    (c) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal period a budget for such period, including a 
report in explanation of the items appearing therein and a 
recommendation as to the rate of assessment for such period;
    (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 
growers and handlers for examination at the office of the committee;
    (f) To cause its books to be audited by a competent public 
accountant at least once each fiscal period and at such times as the 
Secretary may request;
    (g) To act as intermediary between the Secretary and any grower or 
handler;
    (h) To investigate and assemble data on the growing, handling, and 
marketing conditions with respect to grapes;
    (i) To submit to the Secretary the same notice of meetings of the 
committee as is given to its members;

[[Page 216]]

    (j) To submit to the Secretary such available information as may be 
requested; and
    (k) To investigate compliance with the provisions of this part.



Sec. 925.30  Procedure.

    (a) Eight members of the committee shall constitute a quorum and any 
action of the committee shall require at least eight concurring votes;
    (b) The committee may vote by telephone, telegraph, or other means 
of communications; and any votes so cast shall be confirmed promptly in 
writing: Provided, That if an assembled meeting is held, all votes shall 
be cast in person.



Sec. 925.31  Compensation and expenses.

    The members of the committee, and alternates when acting as members, 
shall serve without compensation but may be reimbursed for expenses 
necessarily incurred by them 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.



Sec. 925.32  Annual report.

    The committee should, as soon as practicable, after the close of 
each fiscal period, prepare and mail an annual report to the Secretary 
and make a copy available to each grower and handler who requests a copy 
of the report.

                        Expenses and Assessments



Sec. 925.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds 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 Sec. 925.41.



Sec. 925.41  Assessments.

    (a) Each person who first handles grapes shall pay to the committee, 
upon demand, such handler's pro rata share of the expenses which the 
Secretary finds are reasonable and likely to be incurred by the 
committee during a fiscal period. 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.
    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person during a fiscal period in an amount designed to secure 
sufficient funds to cover the expenses which may be incurred during such 
period and to accumulate and maintain a reserve fund equal to 
approximately one fiscal period's expenses. At any time during or after 
a fiscal period, the Secretary may increase the rate of assessment in 
order to secure sufficient funds to cover any later findings by the 
Secretary relative to the expenses which may be incurred. Such increase 
shall be applied to all grapes handled during the applicable fiscal 
period. In order to provide funds for the administration of the 
provisions of this part during the first part of a fiscal period before 
sufficient operating income is available from assessments in the current 
period's shipments, the committee may accept the payment of assessments 
in advance, and may also borrow money for such purpose.
    (c) Any assessment not paid by a handler within a period of time 
prescribed by the committee may be subject to an interest or late 
payment charge, or both. The period of time, rate of interest, and late 
payment charge shall be recommended by the committee and approved by the 
Secretary. Subsequent to such approval, all assessments not paid within 
the prescribed time shall be subject to the interest or late payment 
charge, or both.



Sec. 925.42  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 (d)(2)

[[Page 217]]

of this section, it shall be refunded proportionately to the persons 
from whom it was collected: Provided, That any sum paid by a person in 
excess of that person's 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 person.
    (2) The committee, with the approval of the Secretary, may carry 
over such excess into subsequent fiscal periods as a reserve: Provided, 
That funds in the reserve shall not exceed approximately one fiscal 
period's expenses. Such reserve funds may be used: (i) To defray 
expenses, during any fiscal period, prior to the time the 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; or (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: Provided, That 
to the extent practicable such funds shall be returned pro rata to the 
persons from whom such funds were collected.
    (b) All funds received by the committee under 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 such member's 
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.

                     Research and Market Development



Sec. 925.45  Production research and market 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 the efficient production of 
grapes. The expense of such projects shall be paid from funds collected 
pursuant to this part.

                               Regulations



Sec. 925.50  Marketing policy.

    Each season prior to making any recommendation pursuant to 
Sec. 925.51 the committee shall submit to the Secretary a report setting 
forth its marketing policy for the ensuing marketing season. Such 
marketing policy report shall contain information relative to:
    (a) The estimated total shipments of grapes produced within the 
production area;
    (b) The expected general quality of grapes in the production area;
    (c) The expected demand conditions for grapes;
    (d) The probable prices for grapes;
    (e) Supplies of competing commodities, including foreign produced 
grapes;
    (f) Trend and level of consumer income;
    (g) Other factors having a bearing on the marketing of grapes; and
    (h) The type of regulations expected to be recommended during the 
marketing season.



Sec. 925.51  Recommendation for regulation.

    Upon complying with the requirements of Sec. 925.50 the committee 
may recommend regulations to the Secretary whenever the committee deems 
that such regulations as are provided in Sec. 925.52 will tend to 
effectuate the declared policy of the act.



Sec. 925.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of grapes upon finding

[[Page 218]]

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 regulation may: (1) 
Limit the handling of any grade, size, quality, maturity, or pack, or 
any combination thereof, of any or all varieties of grapes during any 
period or periods; (2) limit the handling of any grade, size, quality, 
maturity, or pack of grapes differently for different varieties, or any 
combination of the foregoing during any period or periods; (3) limit the 
handling of grapes by establishing in terms of grades, sizes, or both, 
minimum standards of quality and maturity during any period when season 
average prices are expected to exceed the parity level; (4) fix the 
size, capacity, weight, dimensions, markings, materials, or pack of the 
container which may be used in handling of grapes; (5) establish 
holidays by prohibiting the packing of all varieties of grapes during a 
specified period or periods.
    (b) No handler shall handle grapes that were packed during any 
period when such packing was prohibited by any regulation issued under 
paragraph (a)(5) of this section unless such grapes are handled under 
Sec. 925.54.



Sec. 925.53  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 925.52 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds from the recommendations and 
information submitted by the committee or from other available 
information that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of grapes in order to 
effectuate the declared policy of the act, the Secretary shall modify, 
suspend, or terminate such regulation. If the Secretary finds that a 
regulation obstructs or does not tend to effectuate the declared policy 
of the act, the Secretary shall suspend or terminate such regulation. On 
the same basis and in like manner the Secretary may terminate any such 
modification or suspension.



Sec. 925.54  Special purpose shipments.

    (a) Regulations in effect pursuant to Sec. 925.41, Sec. 925.52, or 
Sec. 925.55 may be modified, suspended, or terminated to facilitate 
handling of grapes for purposes which may be recommended by the 
committee and approved by the Secretary.
    (b) The committee shall, with the approval of the Secretary, 
prescribe such rules, regulations, and safeguards as it may deem 
necessary to prevent grapes handled under the provisions of this section 
from entering the channels of trade for other than the specific purposes 
authorized by this section.

                      Inspection and Certification



Sec. 925.55  Inspection and certification.

    (a) Whenever the handling of any variety of grapes is regulated 
pursuant to Sec. 925.52, each handler who handles grapes shall, prior 
thereto, cause such grapes to be inspected by the Federal or Federal-
State Inspection Service and certified as meeting the applicable 
requirements of such regulation: Provided, That inspection and 
certification shall not be required for grapes which previously have 
been so inspected and certified if such prior inspection was performed 
within such period as may be established pursuant to paragraph (b) of 
this section. Promptly after the inspection and certification each such 
handler shall submit, or cause to be submitted, to the committee a copy 
of the certificate of inspection issued with respect to such grapes.
    (b) The committee may, with the approval of the Secretary, establish 
a period prior to shipment during which the inspection required by this 
section must be performed.
    (c) The committee may enter into an agreement with the Federal and 
Federal-State Inspection Services with respect to the costs of the 
inspection required by paragraph (a) of this section, and may collect 
from handlers their respective pro rata share of such costs.

[[Page 219]]

                                 Reports



Sec. 925.60  Reports.

    (a) Each handler shall furnish to the committee, at such times and 
for such periods as the committee may designate, certified reports 
covering, to the extent necessary for the committee to perform its 
functions, each shipment of grapes as follows: (1) The name of the 
shipper and the shipping point; (2) the car or truck license number (or 
name of the trucker), and identification of the carrier; (3) the date 
and time of departure; (4) the variety; (5) the number and type of 
containers in the shipment; (6) the destination; and (7) identification 
of the inspection certificate pursuant to which the grapes were handled.
    (b) 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 times as it may prescribe, such other information as may be 
necessary to enable the committee to perform its duties under this part.
    (c) Each handler shall maintain for at least two succeeding fiscal 
periods after the end of the fiscal period in which the transactions 
occurred, such records of the grapes received and disposed of by such 
handler as may be necessary to verify the reports such handler submits 
to the committee pursuant to this section.
    (d) All reports and records submitted by handlers pursuant to the 
provisions of this section shall be received by, and at all times be in 
custody of one or more designated employees of the committee. No such 
employee shall disclose to any person, other than the Secretary upon 
request therefor, data or information obtained or extracted from such 
reports and records which might affect the trade position, financial 
condition, or business operation of the particular handler from whom 
received: Provided, That such data and information may be combined, and 
made available to any person, in the form of general reports in which 
the identities of the individual handlers furnishing the information are 
not disclosed and may be revealed to any extent necessary to effect 
compliance with the provisions of this part and the regulations issued 
thereunder.

                        Miscellaneous Provisions



Sec. 925.61  Compliance.

    Except as provided in this part, no handler shall handle grapes 
except in conformity with the provisions of this part and the 
regulations issued thereunder.



Sec. 925.62  Right of the Secretary.

    The members of the committee (including successors and alternates) 
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 accordance therewith prior to such disapproval by 
the Secretary.



Sec. 925.63  Termination.

    (a) The Secretary shall terminate or suspend the operation of any 
and all of the provisions of this part whenever the Secretary finds that 
such provisions do not tend to effectuate the declared policy of the 
act.
    (b) The Secretary shall terminate the provisions of this part 
whenever it is found by referendum or otherwise that such termination is 
favored by a majority of the growers: Provided, That such majority has 
during the current marketing season produced more than 50 percent of the 
volume of grapes which were produced within the production area for 
shipment in fresh form. Such termination shall become effective on the 
first day of December subsequent to the announcement thereof by the 
Secretary.
    (c) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.



Sec. 925.64  Proceedings after termination.

    (a) Upon the termination of the provisions of this part, the 
committee

[[Page 220]]

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. Any action by 
said trustees shall require the concurrence of a majority of the 
trustees.
    (b) The said trustees shall: (1) Continue in such capacity until 
discharged by the Secretary; (2) 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; (3) 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.
    (c) 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 the trustees.



Sec. 925.65  Effect of termination or amendment.

    Unless otherwise expressly provided by the Secretary, the 
termination of this part or 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 under this part; or (b) 
release or extinguish any violation of this part or any regulation 
issued under this part; or (c) affect or impair any rights or remedies 
of the Secretary or any other person with respect to any such violation.



Sec. 925.66  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.



Sec. 925.67  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.



Sec. 925.68  Personal liability.

    No member or alternate 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.



Sec. 925.69  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.

(Secs. 1-19, 48 Stat. 31, as amended (7 U.S.C. 601-674))



                     Subpart--Rules and Regulations



Sec. 925.112  Fiscal period.

    Beginning January 1, 1988, fiscal period will mean January 1 through 
December 31 of each year.

[52 FR 27538, July 22, 1987]



Sec. 925.141  Late payments.

    (a) The committee shall impose a late payment charge of 5 percent on 
the unpaid balance on any handler whose assessment has not been received 
in the committee's office, or the envelope containing the payment 
legibly postmarked by the U.S. Postal Service, within 45 days of the 
invoice date shown on the handler's assessment statement.

[[Page 221]]

    (b) In addition to that specified in paragraph (a) of this section, 
the committee shall impose an interest charge on any handler whose 
assessment payment has not been received in the committee's office, or 
the envelope containing the payment legibly postmarked by the U.S. 
Postal Service, within 45 days of the invoice date. The rate of 1\1/2\ 
percent per month shall be applied to the unpaid balance and late 
payment charge for the number of days all or any part of the assessment 
specified in the handler's assessment statement is delinquent beyond the 
45 day period.
    (c) The committee, upon receipt of a late payment, shall promptly 
notify the handler (by registered mail) of any late payment charge and/
or interest charge due as provided in paragraphs (a) and (b) of this 
section. If such charges are not paid, or the envelope containing 
payment is not legibly postmarked by the U.S. Postal Service, within 45 
days of the date of such notification, late payment and interest charges 
as provided in paragraphs (a) and (b) of this section will accrue on the 
unpaid amount.

[57 FR 24352, June 9, 1992]



                        Subpart--Assessment Rates



925.215  Assessment rate.

    On and after January 1, 2002, an assessment rate of $0.015 per 18-
pound lug is established for grapes grown in a designated area of 
southeastern California.

[67 FR 11401, Mar. 14, 2002]



Sec. 925.304  California Desert Grape Regulation 6.

    During the period April 20 through August 15 each year, no person 
shall pack or repack any variety of grapes except Emperor, Almeria, 
Calmeria, and Ribier varieties, on any Saturday, Sunday, Memorial Day, 
or the observed Independence Day holiday, unless approved in accordance 
with paragraph (e) of this section, nor handle any variety of grapes 
except Emperor, Calmeria, Almeria, and Ribier varieties, unless such 
grapes meet the requirements specified in this section.
    (a) Grade, size, and maturity. Except as provided in paragraphs 
(a)(1) and (a)(2) of this section, such grapes shall meet the minimum 
grade and size requirements of U.S. No. 1 table, as set forth in the 
United States Standards for Grades of Table Grapes (European or Vinifera 
Type 7 CFR 51.880 through 51.914), or shall meet all the requirements of 
U.S. No. 1 Institutional with the exception of the tolerance percentage 
for bunch size. Such tolerance shall be 33 percent instead of 4 percent 
as is required to meet U.S. No. 1 Institutional grade. Grapes meeting 
these quality requirements may be marked ``DGAC No. 1 Institutional'' 
but shall not be marked ``Institutional Pack.''
    (1) Grapes of the Perlette variety shall meet the minimum berry size 
requirement of ten-sixteenths of an inch;
    (2) Grapes of the Flame Seedless variety shall meet the minimum 
berry size requirement of ten-sixteenths of an inch; shall be considered 
mature if the juice contains not less than 15 percent soluble solids and 
the soluble solids are equal to or in excess of 20 parts to every part 
acid contained in the juice in accordance with applicable sampling and 
testing procedures specified in sections 1436.3, 1436.5, 1436.6, 1436.7, 
1436.12, and 1436.17 of Article 25 of the California Administrative Code 
[Title 3].
    (b) Container and pack. (1)(i) Such grapes shall be packed in one of 
the following containers, which are new and clean, and otherwise meet 
the requirements of sections 1380.14, and 1380.19(n), 1436.37, and 
1436.38 of Title 3: California Code of Regulations, except that reusable 
plastic containers may be reused if such containers are clean:

                                        Container Descriptions in Inches
----------------------------------------------------------------------------------------------------------------
              Container                         Depth                    Width                    Length
----------------------------------------------------------------------------------------------------------------
28 Sawdust Pack.....................  7\3/4\ (inside).........  14\15/16\ (inside).....  18\5/8\ (inside)
38J Polystyrene Lug.................  6\3/4\ (inside).........  12\1/2\ (inside).......  15\3/8\ (inside)
38K Standard Grape..................  4\1/2\-8\1/2\ (inside)..  13\1/2\-14\1/2\          16\5/8\-17\1/2\
                                                                 (outside).               (outside)
38L Grape Lug.......................  7\5/8\ (inside).........  13\11/16\ (outside)....  16 (outside)
38M Grape Lug.......................  4\1/4\-5\3/4\ (inside)..  15\3/8\-16 (outside)...  23\1/2\-24 (outside)

[[Page 222]]

 
38Q Polystyrene Lug.................  6\1/4\-8\1/4\ (inside)..  11\1/4\ (inside).......  18\1/8\ (inside)
38R Grape Lug.......................  4-7 (inside)............  15\3/4\-16 (outside)...  19\11/16\-20 (outside)
38S Grape Lug.......................  5-9 (inside)............  11\11/16\-12 (outside).  19\11/16\--20 (outside)
38T Grape Lug.......................  5\1/2\-7\1/2\ (inside)..  13\1/8\-13\15/16\        15\5/16\-16 (outside)
                                                                 (outside).
38U Grape Lug.......................  6\3/16\-7 (inside)......  13\11/16\ (outside)....  20\1/2\ (outside)
38 V Grape Lug......................  5\3/4\ (inside).........  14 (outside)...........  16 (outside)
CP Grape Lug........................  3\15/16\-4\3/4\ (inside)  15\3/4\-15\9/16\         23\1/2\-23\3/4\
                                                                 (outside).               (outside)
CP1 Grape Lug.......................  4\3/4\-5 (inside).......  19\1/2\-20 (outside)...  23\3/4\-24 (outside)
----------------------------------------------------------------------------------------------------------------

    (ii) Containers with a net weight of 5 kilograms (approximately 11 
pounds) shall be for export only.
    (iii) Such other types and sizes of containers as may be approved by 
the Committee for experimental or research purposes.
    (2) The minimum net weight of grapes in any such containers, except 
for containers containing grapes packed in sawdust, cork, excelsior or 
similar packing material, or packed in bags or wrapped in plastic or 
paper, and containers authorized in paragraph (b)(1)(iii) of this 
section, shall be 20 pounds based on the average net weight of grapes in 
a representative sample of containers. Grapes in any such containers 
packed in bags, or wrapped in plastic or paper prior to being placed in 
these containers shall meet a minimum net weight of 18 pounds based on 
the average net weight of grapes in a representative sample of 
containers: Provided, That grapes packed in master containers containing 
individual consumer packages are exempt from container marking 
requirements and minimum net weight requirements. Containers of grapes 
other than master containers containing individual consumer packages 
shall be marked with the minimum net weight of 20 or 18 pounds.
    (3) Such containers of grapes shall be plainly marked with the 
minimum net weight of grapes contained therein (with numbers and letters 
at least one-fourth inch in height), the name of the variety of the 
grapes and the name of the shipper.
    (4) Such containers of grapes shall be plainly marked with the lot 
stamp number corresponding to the lot inspection conducted by an 
authorized inspector, except that such requirement shall not apply to 
containers in the center tier of a lot palletized in a 3 box by 3 box 
pallet configuration: Provided, That pallets of reusable plastic 
containers shall have the lot stamp number stamped on two USDA-approved 
pallet tags, each affixed to opposite sides of the pallet of containers, 
in addition to other required information on the cards of the individual 
containers, as provided in sections 1460.30 and 1359 of Title 3: 
California Code of Regulations.
    (c) Organically grown grapes. Organically grown grapes (defined to 
mean grapes which have been grown for market as natural grapes by 
performing all the normal cultural practices, but not using any 
inorganic fertilizers or agricultural chemicals including insecticides, 
herbicides, and growth regulators, except sulfur) need not meet the 
minimum individual berry size requirements of this section if the 
following conditions and safeguards are met: (1) The handler of such 
grapes has registered and certified with the committee on a date 
specified by the committee the location of the vineyard, the acreage and 
variety of grapes, and such other information as may be needed by the 
committee to carry out these provisions; (2) each container of 
organically grown grapes bears the words ``organically grown'' on one 
outside end of the container in plain letters in addition to 
requirements specified under paragraph (b)(3) of this section.
    (d) By-product grapes. The handling of grapes for processing 
(raisins, crushing and other by-products) is exempt from requirements 
specified in paragraphs (a), (b), and (c) of this section if the 
committee determines that the person handling such grapes has secured 
the appropriate permit or order from the County Agricultural 
Commissioner, and the by-product plant or packing

[[Page 223]]

plant to which the grapes are shipped has adequate facilities for 
commercial processing, grading, packing or manufacturing of by-products 
for resale.
    (e) Suspension of packing holidays. Upon approval of the committee, 
the prohibition against packing or repacking grapes on any Saturday or 
Sunday, or on the Memorial Day or Independence Day holidays of each 
year, may be modified or suspended to permit the handling of grapes 
provided such handling complies with procedures and safeguards specified 
by the committee.
    (f) Certain maturity, container, and pack requirements cited in this 
regulation are specified in the Title 3: California Code of Regulations 
and are incorporated by reference. Copies of such requirements are 
available from Ronald L. Cioffi, Chief, Marketing Order Administration 
Branch, F&V, AMS, USDA, Washington, DC 20090-6456, telephone (202) 720-
2491. They are also available for inspection at the office of the 
Federal Register Information Center, 800 North Capitol Street, NW., 
suite 700, Washington, DC 20408. This incorporation by reference was 
approved by the Director of the Federal Register. These materials are 
incorporated as they existed on the date of the approval and a notice of 
any change in these materials will be published in the Federal Register.
    (g) The Federal or Federal-State Inspection Service, F&V, AMS, USDA, 
is the governmental inspection service for certifying the grade, size, 
quality, and maturity of table grapes grown in the production area. The 
inspection and certification services will be available upon application 
in accordance with the rules and regulations governing inspections and 
certification of fresh fruits, vegetables, and other products (7 CFR 
part 51); except that all persons who request such inspection and 
certification must provide adequate facilities in which the inspections 
may be conducted and also provide the necessary equipment and incidental 
supplies that are considered as standard requirements for providing 
fresh inspection under Federal or Federal-State inspection procedures.

[51 FR 12501, Apr. 11, 1986, as amended at 51 FR 13209, Apr. 18, 1986; 
51 FR 16285, May 2, 1986; 52 FR 20383, June 1, 1987; 52 FR 24444, July 
1, 1987; 53 FR 22128, June 14, 1988; 58 FR 21536, Apr. 22, 1993; 59 FR 
67619, Dec. 30, 1994; 61 FR 11129, Mar. 19, 1996; 61 FR 14013, Mar. 29, 
1996; 63 FR 658, Jan. 7, 1998; 63 FR 28480, May 26, 1998; 67 FR 14873, 
Mar. 28, 2002]

    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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



PART 927--WINTER PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
927.1  Secretary.
927.2  Act.
927.3  Person.
927.4  Pears.
927.5  Size.
927.6  Grower.
927.7  Handler.
927.8  Ship or handle.
927.9  Fiscal period.
927.10  Production area.
927.11  District.
927.12  Export market.
927.13  Subvariety.

                            Control Committee

927.20  Establishment and membership.
927.21  Nomination and selection of members and their respective 
          alternates.
927.22  Meetings for election of nominees.
927.23  Voting.
927.24  Eligibility for membership.
927.25  Failure to nominate.
927.26  Qualifications.
927.27  Term of office.
927.28  Alternates for members of the Control Committee.
927.29  Vacancies.
927.30  Compensation and expenses.
927.31  Powers of Control Committee.
927.32  Duties of Control Committee.
927.33  Procedure of Control Committee.
927.34  Rights of the Secretary.

[[Page 224]]

927.35  Funds and other property.
927.36  Public advisors.

                        Expenses and Assessments

927.40  Expenses.
927.41  Assessments.
927.42  Accounting.
927.43  Use of funds.
927.44  Collection of unpaid assessments.
927.45  Contributions.

                        Research and Development

927.47  Research and development.

                         Regulation of Shipments

927.50  Recommendation by the Control Committee.
927.51  Issuance of regulations; and modification, suspension, or 
          termination thereof.
927.52  Prerequisites to Control Committee recommendations.
927.53  Notification.
927.54  Exemption certificates.

                               Inspection

927.60  Inspection and certification.

                               Exceptions

927.65  Exemption from regulation.

                        Miscellaneous Provisions

927.70  Reports.
927.71  Compliance.
927.72  Duration of immunities.
927.73  Separability.
927.74  Derogation.
927.75  Liability of Control Committee members.
927.76  Agents.
927.77  Effective time.
927.78  Termination.
927.79  Proceedings after termination.
927.80  Amendments.
927.81  Effect of termination or amendment.

            Subpart--Control Committee Rules and Regulations

                               Definitions

927.100  Terms.
927.101  Marketing agreement.
927.102  Order.
927.103  Organically produced pears.

                             Communications

927.105  Communications.

                         Exemption Certificates

927.110  Determination of district percentages.
927.110a  Application for exemption certification.
927.111  Exemption committee.
927.112  Issuance of exemption certificate.
927.113  Appeal to Control Committee.
927.114  Appeal to Secretary.

                        Exemptions and Safeguards

927.120  Pears for charitable or by-product purposes.
927.121  Pears for gift purposes.
927.122  Shipments to designated storages.
927.123  Interest and late payment charges.

                                 Reports

927.125  Reports.
927.142  Reserve fund.

                             Assessment Rate

927.236  Assessment rate.
927.316  Handling regulation.

    Authority: 7 U.S.C. 601-674.



                   Subpart--Order Regulating Handling

    Source: 15 FR 6071, Sept. 9, 1950, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.

                               Definitions



Sec. 927.1  Secretary.

    Secretary means the Secretary of Agriculture of the United States.



Sec. 927.2  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 (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.).



Sec. 927.3  Person.

    Person means an individual partnership, corporation, association, 
legal representative, or any organized groups of individuals.



Sec. 927.4  Pears.

    Pears means and includes any and all of the Beurre D'Anjou, Beurre 
Bosc, Winter Nelis, Doyenne du Comice, Forelle, and Sekel varieties of 
pears, and any other winter pear varieties or subvarieties that are 
grown in the production area and are recognized by the Control Committee 
and approved by the Secretary.

[62 FR 61002, Nov. 14, 1997]

[[Page 225]]



Sec. 927.5  Size.

    Size means the number of pears which can be packed in a standard 
western pear box 18 long, 11\1/2\ wide and 8\1/
2\ deep (inside measurements) when packed in accordance with 
the packing requirements of the U.S. Standards for Pears (part 51 of 
this title), or as such standards hereafter may be modified or as 
``size'' may be more specifically defined in a regulation issued under 
this part.



Sec. 927.6  Grower.

    Grower means any person engaged in the production of pears, either 
as owner or as tenant.



Sec. 927.7  Handler.

    Handler means any person (except a common carrier of pears owned by 
another person) who, as owner, agent, broker, or otherwise, ships or 
handles pears, or causes pears to be shipped or handled, in fresh form 
by rail, truck, boat, or any other means whatsoever.



Sec. 927.8  Ship or handle.

    Ship or handle means to sell, deliver, consign or transport pears, 
within the production area or between the production area and any point 
outside thereof: Provided, That the term ``handle'' shall not include 
the transportation of winter pear shipments within the production area 
from the orchard where grown to a packing facility located within the 
production area for preparation for market.

[61 FR 17554, Apr. 22, 1996]



Sec. 927.9  Fiscal period.

    Fiscal period means the period beginning July 1 of any year and 
ending June 30 of the following year or such annual beginning and ending 
dates as may be approved by the Secretary pursuant to recommendations by 
the Control Committee.

[51 FR 30626, Aug. 28, 1986]



Sec. 927.10  Production area.

    Production area means and includes the States of Oregon and 
Washington.

[62 FR 61002, Nov. 14, 1997]



Sec. 927.11  District.

    District means the applicable one of the following-described 
subdivisions of the area covered by the provisions of this subpart:
    (a) Medford District shall include the counties of Jackson, 
Josephine, Curry, Coos, Douglas, Lane, and Klamath in the State of 
Oregon.
    (b) Hood River-White Salmon-Underwood District shall include all of 
the State of Oregon not included in the Medford District, and the 
counties of Skamania and Klickitat in the State of Washington.
    (c) Wenatchee District shall include the counties of Chelan, 
Okanogan, Douglas, and Spokane in the State of Washington.
    (d) Yakima District shall include all of the State of Washington, 
not included in the Wenatchee District or in the Hood River-White 
Salmon-Underwood District.

[15 FR 6071, Sept. 9, 1950. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 51 FR 30626, Aug. 28, 1986; 62 FR 61002, Nov. 14, 1997]



Sec. 927.12  Export market.

    Export market means any destination which is not within the 50 
states, or the District of Columbia, of the United States.

[61 FR 17554, Apr. 22, 1996]



Sec. 927.13  Subvariety.

    Subvariety means and includes any mutation, sport, or other 
derivation of any of the varieties covered in Sec. 927.4 which is 
recognized by the Control Committee and approved by the Secretary. 
Recognition of a subvariety by the Control Committee shall include 
classification within a varietal group for the purposes of votes 
conducted under Sec. 927.52.

[51 FR 30626, Aug. 28, 1986]

                            Control Committee



Sec. 927.20  Establishment and membership.

    A Control Committee, consisting of 12 individual persons as its 
members, is hereby established to administer the terms and provisions of 
this subpart as specificially provided in Secs. 927.20

[[Page 226]]

through 927.35. There shall be two alternates, designated as the ``first 
alternate'' and the ``second alternate,'' respectively, for each member 
of the committee. Six members of the Control Committee and their 
respective alternates shall be growers of pears, and six members and 
their respective alternates shall be handlers of pears. Each district 
shall be represented on the Control Committee by one grower member and 
one handler member except that the Hood River-White Salmon-Underwood 
District and the Wenatchee District shall be represented on the 
committee by two grower members and two handler members.

[51 FR 30626, Aug. 28, 1986, as amended at 62 FR 61002, Nov. 14, 1997]



Sec. 927.21  Nomination and selection of members and their respective alternates.

    The grower members and their respective alternates for each district 
shall be selected by the Secretary from nominees elected by the growers 
in such district, and the handler members and their respective 
alternates for each district shall be selected by the Secretary from 
nominees elected by the handlers in such district.



Sec. 927.22  Meetings for election of nominees.

    Nominations for members of the Control Committee and their 
alternates shall be made at meetings of growers and handlers held in 
each of the districts designated in Sec. 927.11 at such times and places 
as the Control Committee shall designate. At each of such meetings the 
growers or handlers eligible to participate therein shall select a 
chairman and a secretary of that meeting. In the election of nominees, 
each grower and each handler shall be entitled to vote in accordance 
with the provisions of Sec. 927.23. The chairman of the meeting shall 
announce at the meeting the name of each person for whom votes have been 
cast, whether as a member or as an alternate for a member, and the 
number of votes cast for each such person; and the chairman or the 
secretary of such meeting shall forthwith transmit such information to 
the Secretary or his designated representative.



Sec. 927.23  Voting.

    Only growers in attendance at meetings for election of nominees 
shall participate in the nomination of grower members and their 
alternates, and only handlers in attendance at meetings for election of 
nominees shall participate in the nomination of handler members and 
their alternates. A grower may participate only in the election held in 
the district in which he produces pears, and a handler may participate 
only in the election held in the district or districts in which he 
handles pears. No person may vote both as a handler and as a grower. 
Each grower and each handler shall be entitled to cast one vote, on 
behalf of himself, his agents, partners, affiliates, subsidiaries, and 
representatives, for each nominee to be elected.



Sec. 927.24  Eligibility for membership.

    Each grower member and each of his alternates shall be a grower who 
grows pears in the district in which and for which he is nominated and 
selected. Each handler member and each of his alternates shall be a 
handler, or an officer or employee of a handler, handling pears in the 
district in and for which he is nominated and selected.



Sec. 927.25  Failure to nominate.

    In the event nominations are not made pursuant to Secs. 927.21 and 
927.22 on or before June 1 of any year, the Secretary may select members 
and alternates for members without regard to nominations.



Sec. 927.26  Qualifications.

    Any person prior to or within 15 days after selection as a member or 
as an alternate for a member of the Control Committee shall qualify by 
filing with the Secretary a written acceptance of the person's 
willingness to serve.

[51 FR 30626, Aug. 28, 1986]



Sec. 927.27  Term of office.

    The term of office of each member and alternate member of the 
Control

[[Page 227]]

Committee shall be for two years beginning July 1 and ending June 30: 
Provided, That the terms of office of one-half the initial members and 
alternates shall end June 30, 1988; and that beginning with the 1987-88 
fiscal periods, no member shall serve more than three consecutive two-
year terms unless specifically exempted by the Secretary. Members and 
alternate members shall serve in such capacities 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. The terms 
of office of successor members and alternates shall be so determined 
that one-half of the total committee membership ends each June 30.

[51 FR 30627, Aug. 28, 1986]



Sec. 927.28  Alternates for members of the Control Committee.

    The first alternate for a member 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 first alternate shall act as a member until a successor for 
the member is selected and has qualified. The second alternate for a 
member shall serve in the place and stead of the member for whom he is 
an alternate whenever both the member and his first alternate are unable 
to serve.



Sec. 927.29  Vacancies.

    To fill any vacancy occasioned by the failure of any person selected 
as a member or as an alternate for a member of the Control Committee to 
qualify, or in the event of death, removal, resignation, or 
disqualification of any qualified member or qualified alternate for a 
member, a successor for his unexpired term shall be nominated and 
selected in the manner set forth in Secs. 927.20 to 927.35. If 
nominations to fill any such vacancy are not made within 20 days after 
such vacancy occurs, the Secretary may fill such vacancy without regard 
to nominations.



Sec. 927.30  Compensation and expenses.

    The members and alternates for members of the Control Committee 
shall serve without compensation, but may be reimbursed for expenses 
necessarily incurred by them in the performance of their respective 
duties.



Sec. 927.31  Powers of Control Committee.

    The Control Committee shall have the following powers:
    (a) To administer, as specifically provided in Secs. 927.20 to 
927.35, the terms and provisions of this subpart:
    (b) To make administrative rules and regulations in accordance with, 
and to effectuate, the terms and provisions of this subpart; and
    (c) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this subpart.



Sec. 927.32  Duties of Control Committee.

    The duties of the Control Committee shall be as follows:
    (a) To act as intermediary between the Secretary and any grower or 
handler;
    (b) To keep minutes, books, and records which will reflect clearly 
all of the acts and transactions of the Control Committee, which 
minutes, books, and records shall be subject at any time to examination 
by the Secretary or by such person as may be designated by the 
Secretary;
    (c) To investigate, from time to time, and to assemble data on the 
growing, harvesting, shipping, and marketing conditions relative to 
pears, and to furnish to the Secretary such available information as may 
be requested;
    (d) To perform such duties as may be assigned to it from time to 
time by the Secretary in connection with the administration of section 
32 of the act to amend the Agricultural Adjustment Act, and for other 
purposes, Public Act No. 320, 74th Congress, approved August 24, 1935 
(49 Stat. 774), as amended;
    (e) To cause the books of the Control Committee to be audited by one 
or more competent accountants at the end of each fiscal year and at such 
other times as the Control Committee may deem necessary or as the 
Secretary may request, and to file with the Secretary copies of any and 
all audit reports made;
    (f) To appoint such employees as it may deem necessary, and to 
determine the salaries and define the duties of such employees;

[[Page 228]]

    (g) To give the Secretary, or the designated agent of the Secretary, 
the same notice of meetings of the Control Committee as is given to the 
members of the Control Committee;
    (h) To select a chairman of the Control Committee and, from time to 
time, such other officers as it may deem advisable; and
    (i) To submit to the Secretary each fiscal period a budget of its 
expenses during that fiscal year.

[15 FR 6071, Sept. 9, 1950. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and as amended at 27 FR 93, Jan. 5, 1962]



Sec. 927.33  Procedure of Control Committee.

    (a) Quorum and voting. A quorum at a meeting of the Control 
Committee shall consist of nine members, or alternates then serving in 
the place of any members. Except as otherwise provided in Sec. 927.52, 
all decisions of the Control Committee at any meeting shall require the 
concurring vote of at least 75 percent of those members present, 
including alternates then serving in the place of any members.
    (b) Mail voting. The Control Committee may provide for members 
voting by mail, telecopier or other electronic means, telephone, or 
telegraph, upon due notice to all members. Promptly after voting by 
telephone or telegraph, each member thus voting shall confirm in 
writing, the vote so cast.

[15 FR 6071, Sept. 9, 1950. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 51 FR 30627, Aug. 28, 1986; 62 FR 61002, Nov. 14, 1997]



Sec. 927.34  Rights of the Secretary.

    The members and alternates for members of the Control Committee and 
any agent or employee appointed or employed by the Control Committee 
shall be subject to removal or suspension by the Secretary at any time. 
Each and every regulation, decision, determination, or other act of the 
Control 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, except as to acts done in 
reliance thereon or in compliance therewith prior to such disapproval by 
the Secretary.



Sec. 927.35  Funds and other property.

    (a) All funds received by the Control Committee pursuant to any of 
the provisions of this subpart shall be used solely for the purposes 
specified in this subpart, and the Secretary may require the Control 
Committee and its members to account for all receipts and disbursements.
    (b) Upon the death, resignation, removal, disqualification, or 
expiration of the term of office of any member or employee of the 
Control Committee, all books, records, funds, and other property in his 
possession belonging to the Control Committee shall be delivered to his 
successor in office or to the Control Committee, and such assignments 
and other instruments shall be executed as may be necessary to vest in 
such successor or in the Control Committee full title to all the books, 
records, funds, and other property in the possession or under the 
control of such member or employee pursuant to this subpart.



Sec. 927.36  Public advisors.

    The Control Committee may appoint such public advisors as it deems 
appropriate and determine the compensation and defines the duties of 
such advisors.

[51 FR 30627, Aug. 28, 1986]

                        Expenses and Assessments



Sec. 927.40  Expenses.

    The Control Committee is authorized to incur such expenses as the 
Secretary finds may be necessary to carry out its functions under this 
subpart. The funds to cover such expenses shall be acquired by the 
levying of assessments as provided in Sec. 927.41.



Sec. 927.41  Assessments.

    (a) Assessments will be levied only upon handlers who first handle 
pears. Each handler shall pay assessments on all pears handled by such 
handler as the pro rata share of the expenses which the Secretary finds 
are reasonable and likely to be incurred by the Control Committee during 
a fiscal period. The payment of assessments for the maintenance and 
functioning of the Control Committee may be required under this part 
throughout the period

[[Page 229]]

such assessments are payable irrespective of whether particular 
provisions thereof are suspended or become inoperative.
    (b) Based upon a recommendation of the Control Committee or other 
available data, the Secretary shall fix the rate of assessment that 
handlers shall pay on all pears handled during each fiscal period, and 
may also fix supplemental rates of assessment on individual varieties or 
subvarieties to secure sufficient funds to provide for projects 
authorized under Sec. 927.47. At any time during the fiscal period when 
it is determined on the basis of a committee recommendation or other 
information that a different rate is necessary for all pears or for any 
varieties or subvarieties, the Secretary may modify a rate of assessment 
and such new rate shall apply to any or all varieties or subvarieties 
that are shipped during the fiscal period.
    (c) The Control Committee may impose a late payment charge on any 
handler who fails to pay any assessment within the time prescribed by 
the committee. In the event the handler thereafter fails to pay the 
amount outstanding, including the late payment charge, within the 
prescribed time, the Control Committee may impose an additional charge 
in the form of interest on such outstanding amount. The amount of such 
late payment charge and rate of interest, shall be prescribed by the 
Control Committee, with the approval of the Secretary.
    (d) In order to provide funds to carry out the functions of the 
Control Committee prior to commencement of shipments in any season, 
handlers may make advance payments of assessments, which advance 
payments shall be credited to such handlers and the assessments of such 
handlers shall be adjusted so that such assessments are based upon the 
quantity of each variety of pears handled by such handlers during such 
season. Further, payment discounts may be authorized by the Control 
Committee upon the approval of the Secretary to handlers making such 
advance assessment payments.

[51 FR 30627, Aug. 28, 1986, as amended at 61 FR 17554, Apr. 22, 1996]



Sec. 927.42  Accounting.

    (a) If, at the end of a fiscal period, the assessments collected are 
in excess of expenses incurred, the committee, with the approval of the 
Secretary, may carryover such excess into subsequent fiscal periods as a 
reserve: Provided, That funds already in the reserve do not exceed 
approximately one fiscal period's expenses. Such reserve may be used (1) 
to cover any expense authorized under this part and (2) to cover 
necessary expenses of liquidation in the event of termination of this 
part. Any such excess not retained in a reserve or applied to any 
outstanding obligation of the person from whom it was collected shall be 
refunded proportionately to the persons from whom it was collected. 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.
    (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.

[27 FR 93, Jan. 5, 1962]



Sec. 927.43  Use of funds.

    From the funds acquired pursuant to Sec. 927.41 the Control 
Committee shall pay the salaries of its employees, if any, and pay the 
expenses necessarily incurred in the performance of the duties of the 
Control Committee.



Sec. 927.44  Collection of unpaid assessments.

    The Control Committee, with the approval of the Secretary, may 
institute and maintain, in its own name or in the names of its members, 
legal proceedings against any handler assessed for the collection of 
such handler's pro rata share of the aforesaid expenses.

[[Page 230]]



Sec. 927.45  Contributions.

    The Control Committee may accept voluntary contributions but these 
shall only be used to pay expenses incurred pursuant to section 927.47. 
Furthermore, such contributions shall be free from any encumbrances by 
the donor and the Control Committee shall retain complete control of 
their use.

[61 FR 17555, Apr. 22, 1996]

                        Research and Development



Sec. 927.47  Research and development.

    The Control Committee, with the approval of the Secretary, may 
establish or provide for the establishment of production research, or 
marketing research and development projects designed to assist, improve, 
or promote the marketing, distribution, and consumption of pears. Such 
projects may provide for any form of marketing promotion, including paid 
advertising. The expense of such projects shall be paid from funds 
collected pursuant to Secs. 927.41 and 927.45. Expenditures for a 
particular variety of pears shall approximate the amount of assessments 
and voluntary contributions collected for that variety of pears.

[61 FR 17555, Apr. 22, 1996]

                         Regulation of Shipments



Sec. 927.50  Recommendation by the Control Committee.

    (a) It shall be the duty of the Control Committee to investigate, 
from time to time, supply and demand conditions relative to pears and 
each grade, size, and quality of each variety thereof. Such 
investigations by the Control Committee shall be with respect to the 
following: (1) Estimated production of each variety of pears and of each 
grade, size, and quality thereof; (2) prospective supplies and prices of 
Bartlett pears and other fruits, both in fresh and processed form, which 
are competitive to the marketing of pears; (3) prospective exports of 
pears and imports of pears from other producing areas; (4) probable 
harvesting period for each variety of pears; (5) the trend and level of 
consumer income; (6) general economic conditions; and (7) other relevant 
factors.
    (b) On or before August 1 of each year, the Control Committee shall 
recommend regulations to the Secretary if it finds, on the basis of the 
foregoing investigations, that such regulation as is provided in 
Sec. 927.51 will tend to effectuate the declared policy of the act.
    (c) In the event the Control Committee at any time finds that by 
reason of changed conditions any regulation issued pursuant to 
Sec. 927.51 should be modified, suspended, or terminated, it shall so 
recommend to the Secretary.



Sec. 927.51  Issuance of regulations; and modification, suspension, or termination thereof.

    (a) Whenever the Secretary finds, from the recommendations and 
information submitted by the Control Committee, or from other available 
information, that regulation, in the manner specified in this section, 
of the shipment of pears would tend to effectuate the declared policy of 
the act, he shall so limit the shipment of pears during a specified 
period or periods. Such regulation: (1) May limit the total quantity of 
any grade, size, quality, or combinations thereof, of any variety of 
pears grown in any district and may prescribe different requirements 
applicable to shipments to different export markets; or (2) may 
prescribe minimum standards of quality for any variety of pears and 
limit the shipment thereof to those meeting such minimum standards.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the Control Committee, or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of pears grown in any 
district in order to effectuate the declared policy of the act, he shall 
so modify, suspend, or terminate such regulation. If the Secretary 
finds, from the recommendations and information submitted by the Control 
Committee, or from other available information, that a regulation 
obstructs or does not tend to effectuate the declared policy of the act, 
he shall suspend or terminate such regulation. On the same basis and in 
like manner the Secretary may terminate such modification or suspension.

[[Page 231]]



Sec. 927.52  Prerequisites to Control Committee recommendations.

    (a) Decisions of the Control Committee with respect to any 
recommendations to the Secretary pursuant to the establishment or 
modification of a supplemental rate of assessment for an individual 
variety of pears shall be made by affirmative vote of not less than 75 
percent of the applicable total number of votes, computed in the manner 
hereinafter described in this section, of all committee members. 
Decisions of the Control Committee pursuant to the provisions of 
Sec. 927.50 shall be made by an affirmative vote of not less than 80 
percent of the applicable total number of votes, computed in the manner 
hereinafter prescribed in this section, of all committee members.
    (b) With respect to a particular variety of pears, the applicable 
total number of votes shall be the aggregate of the votes allotted to 
the members of the committee in accordance with the following: Each 
member shall have one vote as an individual and, in addition, shall have 
an equal share of the vote of the district represented by such member; 
and such district vote shall be computed by the Control Committee as 
soon as practical after the beginning of each fiscal period on either--
    (1) The basis of one vote for each 25,000 boxes (except 2,500 boxes 
for Forelle and Seckel varieties) of the average quantity of such 
variety produced in the particular district and shipped therefrom during 
the immediately preceding three fiscal periods; or
    (2) Such other basis as the Control Committee may recommend and the 
Secretary may approve.

The votes so allotted to a member of the committees may be cast by such 
member on each recommendation relative to the variety of pears on which 
such votes were computed.

[51 FR 30627, Aug. 28, 1986, as amended at 61 FR 17555, Apr. 22, 1996]



Sec. 927.53  Notification.

    (a) The Control Committee shall give prompt notice to growers and 
handlers of each recommendation to the Secretary pursuant to the 
provisions of Sec. 927.50.
    (b) The Secretary shall immediately notify the Control Committee of 
the issuance of each regulation and of each modification, suspension, or 
termination of a regulation and the Control Committee shall give prompt 
notice thereof to growers and handlers.



Sec. 927.54  Exemption certificates.

    (a) As soon as practicable after the beginning of each fiscal period 
the Control Committee shall adopt and announce the procedural rules by 
which exemption certificates may be issued to growers. The Control 
Committee shall determine the percentage which the grades and sizes of 
each variety of pears permitted to be shipped from each district under 
the regulation bears to the total quantity of each variety of pears 
which could be shipped from that district in the absence of regulation. 
An exemption certificate may thereafter be granted to any grower who 
furnishes proof that he will be prevented, because of the regulation in 
effect, from shipping a percentage of a particular variety of his pears 
equal to the percentage of pears of that particular variety permitted to 
be shipped from his district as determined by the Control Committee. 
Such exemption certificate shall permit the growers to ship that 
quantity of the particular variety of pears of the regulated grades and 
sizes of such variety as will enable him to ship as large a percentage 
of such variety of his pears as the average percentage of that 
particular variety of pears that is permitted to be shipped by all 
growers in his district.
    (b) In the event the Control Committee shall determine and report to 
the Secretary that, by reason of general crop failure or other 
extraordinary conditions within a particular district, it is not 
feasible and would not be equitable to issue exemption certificates to 
growers within that district on the basis of the average percentage of 
the pears grown in the district which may be shipped in compliance with 
the requirements of Sec. 927.51, the Secretary may prescribe such other 
basis for the issuance of such certificates to growers within that 
district as he may find to be feasible, equitable, and proper.

[[Page 232]]

    (c) The Secretary shall have power to modify, change, alter, or 
amend any procedural rules and any exemption granted under this section.

                               Inspection



Sec. 927.60  Inspection and certification.

    (a) Except as hereinafter provided no handler shall ship any pears 
not theretofore inspected, and a certificate issued with respect 
thereto, by a duly authorized representative of the Federal-State 
Inspection Service: Provided, That such inspection and certification of 
shipments of pears may be performed by such other inspection service as 
the Control Committee, with the approval of the Secretary, may 
designate. Promptly after shipment of any pears, the handler shall 
submit, or cause to be submitted, to the Control Committee a copy of the 
inspection certificate issued on such shipment.
    (b) Any handler may ship pears, on any one conveyance and in such 
quantity as the committee, with the approval of the Secretary, may 
prescribe, exempt from the inspection and certification requirements of 
paragraph (a) of this section.

[15 FR 6071, Sept. 9, 1950. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 27 FR 93, Jan. 5, 1962]

                               Exceptions



Sec. 927.65  Exemption from regulation.

    (a) Nothing contained in this subpart shall limit or authorize the 
limitation of shipment of pears for consumption by charitable 
institutions or distribution by relief agencies or conversion into by-
products, nor shall any assessment be computed on pears so shipped. The 
Control Committee may prescribe regulations to prevent pears shipped for 
either of such purposes from entering commercial fresh-fruit channels of 
trade contrary to the provisions of this subpart.
    (b) The Control Committee may prescribe rules and regulations, to 
become effective upon the approval of the Secretary, whereby quantities 
of pears or types of pear shipments may be exempted from any or all 
provisions of this subpart.
    (c) The Control Committee may, with the approval of the Secretary, 
designate storage warehouses within the area and prescribe rules and 
regulations whereby pears may be shipped to such storage warehouses 
exempt from the provisions of this subpart: Provided, That pears so 
shipped shall not thereafter be handled contrary to the provisions of 
this subpart.

[15 FR 6071, Sept. 9, 1950. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 61 FR 17555, Apr. 22, 1996]

                        Miscellaneous Provisions



Sec. 927.70  Reports.

    Upon the request of the Control Committee, subject to the 
disapproval of the Secretary, each handler shall furnish to the Control 
Committee, in such manner and at such times as it prescribes, such 
information as will enable it to perform its duties under this subpart.



Sec. 927.71  Compliance.

    Except as provided in Sec. 927.65, no handler shall ship any pears 
contrary to the applicable restrictions and limitations specified in, or 
effective pursuant to, the provisions of this subpart.



Sec. 927.72  Duration of immunities.

    The benefits, privileges, and immunities conferred by virtue of this 
subpart shall cease upon termination hereof, except with respect to acts 
done under and during the existence of this subpart.



Sec. 927.73  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 remaining provisions and the applicability 
thereof to any other person, circumstance, or thing shall not be 
affected thereby.



Sec. 927.74  Derogation.

    Nothing contained in this subpart is or shall be construed to be in 
derogation of, 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

[[Page 233]]

premises whenever such action is deemed advisable.



Sec. 927.75  Liability of Control Committee members.

    No member or alternate for a member of the Control Committee, nor 
any employee or agent thereof, shall be held personally responsible, 
either individually or jointly with others, in any way whatsoever, to 
any party under this subpart or to any other person for errors in 
judgment, mistakes, or other acts, either of commission or omission, as 
such member, alternate for a member, or employee, except for acts of 
dishonesty.



Sec. 927.76  Agents.

    The Secretary may name, by designation in writing, any person, 
including any officer or employee of the Government or any bureau or 
division in the Department of Agriculture to act as his agent or 
representative in connection with any of the provisions of this subpart.



Sec. 927.77  Effective time.

    The provisions of this subpart shall become effective August 26, 
1939, and shall continue in force until terminated in one of the ways 
specified in Sec. 927.78.



Sec. 927.78  Termination.

    (a) The Secretary may at any time terminate this subpart.
    (b) The Secretary shall terminate or suspend the operation of any or 
all of the provisions of this subpart whenever he finds that such 
operation obstructs or does 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 the Secretary finds that such 
termination is favored by a majority of the growers of pears who, during 
such fiscal period, have been engaged in the area in the production of 
pears for market: Provided, That such majority have produced for market 
during such period more than 50 percent of the volume of pears produced 
for market in the area. Such termination shall be effective only if 
announced on or before the last day of the then current fiscal period.
    (d) The Secretary shall conduct a referendum within every six-year 
period beginning on the date this section becomes effective, to 
ascertain whether continuance of this subpart is favored by producers. 
The Secretary may terminate the provisions of this subpart at the end of 
any fiscal period in which the Secretary has found that continuance of 
this subpart is not favored by producers who, during a representative 
period determined by the Secretary, have been engaged in the production 
for market of pears in the production area: Provided, That termination 
of the order shall be effective only if announced on or before the last 
day of the then current fiscal period.
    (e) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.

[15 FR 6071, Sept. 9, 1950. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 51 FR 30627, Aug. 28, 1986]



Sec. 927.79  Proceedings after termination.

    (a) Upon the termination of this subpart, the members of the Control 
Committee then functioning shall continue as joint trustees for the 
purpose of liquidating all funds and property then in the possession or 
under the control of the Control Committee, including claims for any 
funds unpaid or property not delivered at the time of such termination.
    (b) The joint trustees shall continue in such capacity until 
discharged by the Secretary; from time to time account for all receipts 
and disbursements; deliver all funds and property on hand, together with 
all books and records of the Control Committee and of the joint 
trustees, to such person as the Secretary shall direct; and, upon the 
request of the Secretary, execute such assignments or other instruments 
necessary and appropriate to vest in such person full title to all of 
the funds or claims vested in the Control Committee or in said joint 
trustees.
    (c) Any funds collected pursuant to this subpart and held by such 
joint trustees or such person over and above the amounts necessary to 
meet outstanding obligations and the expenses

[[Page 234]]

necessarily incurred by the joint trustees or such other person in the 
performance of their duties under this subpart, as soon as practicable 
after the termination hereof, shall be returned to the handlers pro rata 
in proportion to their contributions thereto.
    (d) Any person to whom funds, property, or claims have been 
delivered by the Control Committee or its members, upon direction of the 
Secretary, as provided in this section, shall be subject to the same 
obligations and duties with respect to said funds, property, or claims 
as are imposed upon the members of said Committee or upon said joint 
trustees.



Sec. 927.80  Amendments.

    Amendments to this subpart may be proposed from time to time by the 
Control Committee or by the Secretary.



Sec. 927.81  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, 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 hereunder, or (b) release or 
extinguish any violation of this subpart 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.



            Subpart--Control Committee Rules and Regulations

    Source: 16 FR 10926, Oct. 27, 1951, unless otherwise noted. 
Redesignated at 26 FR 12751, Dec. 30, 1961.

                               Definitions



Sec. 927.100  Terms.

    Each term used in this subpart shall have the same meaning as when 
used in the marketing agreement and order.



Sec. 927.101  Marketing agreement.

    Marketing agreement means Marketing Agreement No. 89, as amended, 
regulating the handling of Beurre D'Anjou, Beurre Bosc, Winter Nelis, 
Doyenne du Comice, Beurre Easter, and Beurre Clairgeau varieties of 
pears grown in the States of Oregon, Washington, and California.



Sec. 927.102  Order.

    Order means Order No. 927, as amended (Secs. 927.1 to 927.81), 
regulating the handling of Beurre D'Anjou, Beurre Bosc, Winter Nelis, 
Doyenne du Comice, Beurre Easter, and Beurre Clairgeau varieties of 
pears grown in the States of Oregon, Washington, and California.



Sec. 927.103  Organically produced pears.

    Organically produced pears means pears that have been certified by 
an organic certification organization currently registered with the 
Oregon or Washington State Departments of Agriculture, or such 
certifying organization accredited under the National Organic Program.

[67 FR 5438, Feb. 6, 2002]

                             Communications



Sec. 927.105  Communications.

    Unless otherwise prescribed in this subpart, or in the marketing 
agreement and order, or required by the Control Committee, all reports, 
applications, submittals, requests, inspection certificates, and 
communications in connection with the marketing agreement and order 
shall be forwarded to: Winter Pear Control Committee, 4382 SE 
International Way, Suite A, Milwaukie OR 97222-4635.

[65 FR 48139, Aug. 7, 2000]

                         Exemption Certificates



Sec. 927.110  Determination of district percentages.

    (a) The Control Committee, at its meeting held on or before August 1 
of each year for the purpose of making recommendations to the Secretary 
under the provisions of Sec. 927.50, shall estimate the district 
percentages which the grades and sizes of each variety of

[[Page 235]]

pears permitted to be shipped from each district under the recommended 
regulation bears to the total quantity of each variety of pears which 
could be shipped from that district in the absence of regulation.
    (b) Any notice issued or given pursuant to this estimate shall 
specifically state that each of the said percentages is merely an 
estimate subject to change, and is not to be relied upon until final 
action is taken as hereinafter provided. Each exemption committee, as 
hereinafter constituted in each district, shall meet and elect a 
district chairman and a secretary, either at or within ten days 
following said meeting of the Control Committee. Said district chairman 
shall immediately notify the secretary of the Control Committee of the 
names of the chairman and the secretary. The chairman of each exemption 
committee shall call a meeting of such committee within his district not 
later than a date to be determined each year by the Control Committee at 
the meeting specified in paragraph (a) of this section.
    (c) At said district meeting, the district percentage estimates made 
by the Control Committee shall be reviewed by the exemption committee, 
and, if found to be not in accordance with conditions then existing 
within the district, said committee shall recommend proper adjustments 
to the Control Committee. Each exemption committee shall make only one 
recommendation for adjustment of district percentages in any one season, 
and said recommendation shall be made not later than the date specified 
by the Control Committee, except that should a major change occur in the 
crop or crops in any district after such date, the exemption committee 
may recommend a further change in such percentages. On the basis of the 
information submitted to it by the exemption committees and such other 
information and evidence as is available to it, the Control Committee 
shall establish all district percentages to be used in computing 
exemptions to growers. In the event no adjustment is recommended by the 
exemption committees by the date above specified, the Control Committee 
shall immediately, on the basis of information and evidence available to 
it, establish the district percentages to be used in computing 
exemptions to growers.
    (d) The Control Committee shall give prompt notice to growers and 
handlers of the final percentages to be used in computing exemptions to 
growers.
    (e) Any action taken by an exemption committee shall be approved by 
four affirmative votes, and each such committee shall keep accurate 
minutes and records of the proceedings of each of its meetings. A copy 
of such minutes and records shall be forwarded to the secretary of the 
Control Committee promptly after each meeting.

[17 FR 11629, Dec. 20, 1952. Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 927.110a  Application for exemption certification.

    Each application for an exemption certificate authorizing the 
shipment (pursuant to Sec. 927.54) during a particular marketing season 
of any variety of pears shall be filed with the Secretary of the Control 
Committee. At the same time, and in order to insure prompt handling of 
such application, the applicant shall mail or deliver a copy of the 
application to the chairman of the exemption committee in the district 
in which the pears are grown. The application should be filed at the 
time the pears are harvested, and must be filed prior to the time the 
applicant's crop is graded, sized, and packed. Each application duly 
mailed and received by the Secretary of the Control Committee shall be 
deemed to have been filed with the Secretary as of the date of such 
mailing. As a part, and in support, of the application for an exemption 
certificate, the applicant shall submit one or more inspection 
certificates (or copies thereof) issued by a duly authorized 
representative of the Federal-State Inspection Service indicating the 
percentage of such applicant's production of all pears of such variety 
which will meet the grade, size, and quality regulations in effect and 
the percentage which will not meet these regulations; and the volume of 
pears so inspected shall be representative of such applicant's total 
production of such variety. The said exemption committee shall have the 
right to

[[Page 236]]

make or cause to be made such additional investigation as may be 
necessary to determine whether the portion of the applicant's production 
covered by the inspection certificates adequately represents the 
applicant's total production of such variety. The cost of such 
inspection shall be borne by the applicant. The application to be 
submitted shall be ``Form E-1 Growers Application for Exemption 
Certificate'' and shall contain the following information:
    (a) The name and address of the applicant;
    (b) The location of the orchard (by district and distance from the 
nearest town) from which the fruit is to be shipped pursuant to the 
exemption certificate;
    (c) The number and age of the trees producing the particular variety 
for which exemption is requested;
    (d) The estimated quantity of such variety which could be shipped by 
the applicant in the absence of the grade, size, or quality regulations 
in effect at the time the application is filed;
    (e) The percentage of such variety, as set forth in the attached 
Federal-State inspection certificate or the weighted average of such 
percentages if there is more than one inspection certificate, which 
meets the requirements of the aforesaid effective grade, size, or 
quality regulations;
    (f) The quantity of such variety which meets the requirements of the 
aforesaid effective grade, size, or quality regulations (such quantity 
shall be determined by applying the applicable percentage prescribed in 
paragraph (e) of this section to be the estimated quantity pursuant to 
paragraph (d) of this section);
    (g) The total crop of such variety and the quantity shipped during 
the preceding marketing season;
    (h) The names of the shippers who shipped all or any portion of the 
applicant's aforesaid crop during the preceding marketing season;
    (i) The reasons why the quantity of the particular variety of pears, 
for which exemption is requested, does not meet the aforesaid effective 
grade, size, or quality regulations; and
    (j) The name of the shipper or shippers who will ship the exempted 
pears if the exemption certificate is issued.

[20 FR 7029, Sept. 20, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961]



Sec. 927.111  Exemption committee.

    The members and alternate members of the Control Committee residing 
in the district in which the applicant grower's orchard is located shall 
act as an exemption committee for that district and shall make or cause 
to be made such investigation as may be necessary to determine whether 
and to what extent such applicant will be prevented, because of the 
aforesaid grade, size, or quality regulations in effect, from shipping 
as large a percentage of the particular variety of his pears as the 
percentage of all pears of that particular variety permitted to be 
shipped from his district as determined by the Control Committee. In the 
event any member or alternate member of the Control Committee shall 
himself apply for an exemption certificate he shall be disqualified to 
serve as a member of the exemption committee to act upon the 
application.



Sec. 927.112  Issuance of exemption certificate.

    In the event such exemption committee finds and determines from 
proof, satisfactory to the committee, that the applicant is entitled to 
an exemption certificate, such exemption certificate shall be issued so 
as to permit the applicant to ship or have shipped the requisite 
quantity of his pears. Each exemption certificate shall be signed by the 
secretary or assistant secretary of the Control Committee and one copy 
thereof shall be delivered to the grower, one copy shall be delivered to 
each shipper designated by the grower to receive a copy, and one copy 
shall be retained in the files of the Control Committee. In the event 
the secretary of the Control Committee has reason to believe that any 
such finding or determination by an exemption committee is improper or 
not in accordance with the facts, he may disapprove the same, and shall 
make or cause to be made such further investigation as he may determine 
to be

[[Page 237]]

necessary or advisable, and may request or obtain such information as he 
may deem necessary to enable him to determine whether or not and to what 
extent an applicant is entitled to an exemption certificate.



Sec. 927.113  Appeal to Control Committee.

    Any grower, whose application is denied in whole or in part by the 
appropriate exemption committee or by the secretary of the Control 
Committee, may file a written appeal with the Control Committee within 
fifteen (15) days after the date of the notice to such grower of the 
decision involved. Upon receipt of such appeal, the secretary of the 
Control Committee shall submit the same, together with all applicable 
information and data, including the report of the exemption committee on 
that grower's application to the members of the Control Committee, who 
thereafter shall review the same and shall determine whether and to what 
extent the applicant is entitled to an exemption certificate. Thereupon 
the secretary of the Control Committee shall issue to that grower such 
exemption certificate as the Control Committee shall determine to be 
proper.



Sec. 927.114  Appeal to Secretary.

    Any grower who is dissatisfied with the Control Committee's 
determination with respect to any appeal by that grower from a decision 
by an exemption committee or by the Secretary of the Control Committee 
with respect to that grower's application for an exemption certificate, 
may appeal from such determination by the Control Committee to the 
Secretary of Agriculture. Any such appeal shall be made by filing with 
the secretary of the Control Committee a written notice of appeal within 
fifteen (15) days after notice to that grower of the aforesaid 
determination by the Control Committee. Promptly upon receipt of notice 
of an appeal signed by the applicant, the secretary of the Control 
Committee shall forward to the Secretary of Agriculture, or to his 
designated representative, a true and correct copy of all information 
pertaining to that grower's application for an exemption certificate and 
the action taken thereon by the Control Committee, together with such 
written information and proof as was submitted to or obtained by the 
Control Committee with regard to said application, and a true copy of 
the appellant grower's notice of appeal.

                        Exemptions and Safeguards



Sec. 927.120  Pears for charitable or by-product purposes.

    Pears which do not meet the requirements of the then effective 
grade, size, or quality regulations shall not be shipped or handled for 
consumption by any charitable institution or for distribution by any 
relief agency or for conversion into any by-product, unless there first 
shall have been delivered to the manager of the Control Committee a 
certificate executed by the intended receiver and user of said pears 
showing, to the manager's satisfaction, that said pears actually will be 
used for one or more of the aforesaid purposes.



Sec. 927.121  Pears for gift purposes.

    There are exempted from the provisions of the marketing agreement 
and order any and all pears which, in individual gift packages, are 
shipped directly to, or which are shipped for distribution without 
resale to, an individual person as the consumer thereof, and any and all 
pears which, in individual gift packages are shipped directly to, or are 
shipped for distribution without resale to, a purchaser who will use 
these pears solely for gift purposes and not for sale.



Sec. 927.122  Shipments to designated storages.

    (a) Pears may be shipped without prior inspection and certification 
to any public warehouse in Yakima, Zillah, Wenatchee, or Grandview in 
the State of Washington; in Portland, Klamath Falls, or Medford in the 
State of Oregon; or in Tulelake or Yuba City in the State of California, 
for storage therein in transit: Provided, That any pears so shipped 
shall be inspected, and a certificate issued with respect thereto, as 
provided in Sec. 927.60 of the marketing agreement and order, prior to 
such pears being removed from such warehouse. At the time any pears are 
so shipped into such public storage warehouse and again when such pears

[[Page 238]]

are shipped out of such warehouse, the handler shall, on his ``Handler's 
Statement of Pear Shipments,'' report each such shipment as prescribed 
in Sec. 927.125(b).
    (b) Any pears shipped to one of the aforesaid storage warehouses 
pursuant to this section which, upon inspection, do not meet the 
requirements of the then effective grade, size, or quality regulations 
may be (1) repacked at such warehouse so as to meet such requirements, 
(2) sold and delivered within the state where such warehouse is located 
for processing or conversion into by-products, or (3) returned to the 
state where the pears were produced for repacking or for sale within 
such state: Provided, That there first shall have been submitted to the 
manager of the Control Committee proof, satisfactory to the manager, 
that the pears will not be handled contrary to the provisions of the 
marketing agreement and order; such proof shall include, in the case of 
sale and delivery for by-products purposes, a written certificate, 
executed by both the handler and the intended receiver, stating that the 
pears will be processed or converted into by-products within the state 
where such warehouse is located.

[16 FR 10926, Oct. 27, 1951. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 32 FR 13181, Sept. 16, 1967; 40 FR 42851, Sept. 17, 1975; 
58 FR 34691, June 29, 1993]



Sec. 927.123  Interest and late payment charges.

    Payments received more than 45 days after the date on which they are 
due shall be considered delinquent and subject to a late payment charge 
of $25.00 or 2 percent of the total due, whichever is greater. Payments 
received more than 60 days after the date on which they are due shall be 
subject to a 1\1/2\ percent interest charge per month, until final 
payment is made and interest shall be applied to the total unpaid 
balance, including the late payment charge and any accumulated interest. 
Any amount paid shall be credited when the payment is received in the 
Control Committee office.

[58 FR 34691, June 29, 1993]

                                 Reports



Sec. 927.125  Reports.

    (a) Each shipper handling pears covered by an exemption certificate 
shall keep an accurate record, in the manner provided on such 
certificate, of all shipments of such pears. Such shipper, after having 
shipped as many pears as authorized by the particular exemption 
certificate, shall promptly mail to the Secretary of the Control 
Committee, such handler's copy of the exemption certificate containing 
an accurate record of such shipments.
    (b) Each handler shall furnish to the Control Committee, as of every 
other Friday, a report containing the following information on Form 1 
``Handlers' Statement of Pear Shipments'':
    (1) The number of standard western pear boxes (two half boxes shall 
be counted as one box) of each variety of pears shipped by that handler 
during the preceding two weeks;
    (2) The date of each shipment;
    (3) The ultimate destination, by city and state or city and country; 
and
    (4) The name and address of such handler. In addition, the handler 
shall indicate, for each lot of pears shipped in accordance with the 
provisions of Sec. 927.122, the storage lot number, and the name and 
address of the storage warehouse.
    (c) Each handler shall furnish to the Control Committee, as of every 
other Friday, a ``Handler's Packout Report'' containing the following 
information:
    (1) The total of the packout of each variety;
    (2) The quantity of each variety loose in storage;
    (3) The volume of each variety sold; and
    (4) The name and address of such handler.
    (d) Each handler who has shipped less than 2,500 standard western 
pear boxes during any two-week reporting period of the shipping season 
may, in lieu of reporting biweekly, report as follows:
    (1) At completion of harvest, on the next biweekly reporting date, 
furnish to the Control Committee a ``Handler's Packout Report'';
    (2) After unreported shipments total 2,500 standard western pear 
boxes, furnish to the Control Committee a

[[Page 239]]

``Handler's Statement of Pear Shipments'' and a ``Handler's Packout 
Report'' on the next biweekly reporting date;
    (3) After completion of all shipments from regular storage (i.e. 
non-Controlled Atmosphere storage) at the end of the shipping season, 
furnish to the Control Committee a ``Handler's Statement of Pear 
Shipments'' and a ``Handler's Packout Report'' on the next biweekly 
reporting date;
    (4) At mid-season for Controlled Atmosphere storage, at a date 
established by the Control Committee, furnish to the Control Committee a 
``Handler's Statement of Pear Shipments'' and a ``Handler's Packout 
Report''; and
    (5) At the completion of all seasonal pear shipments, furnish to the 
Control Committee a ``Handler's Statement of Pear Shipments'' and a 
``Handler's Packout Report'' on the next biweekly reporting date. Each 
of these reports shall be marked ``final report'' and include an 
explanation of the actual shipments versus the original estimate, if 
different.
    (e) Each handler who has pears inspected and certificated in lots 
larger than carload lots and who wishes to rely on such lot inspections 
in lieu of inspection certificates for individual carlot shipments shall 
deliver to the manager within 10 days after shipment of any such pears a 
written report showing the quantity, variety, grade, and size of the 
pears so shipped and the date of shipment thereof, and said report shall 
identify such pears with the lot-inspection certificate covering the 
same, and shall further show what portion of that lot remains unshipped, 
and where located; such report shall be in addition to, and not in lieu 
of, the handler's reports of shipments required under paragraphs (b) and 
(c) of this section.
    (f) Each handler shall specify on each bill of lading covering each 
shipment the variety, and number of boxes thereof, of all pears included 
in that shipment.

[16 FR 10926, Oct. 27, 1951, as amended at 20 FR 7029, Sept. 20, 1955. 
Redesignated at 26 FR 12751, Dec. 30, 1961, and amended at 40 FR 42852, 
Sept. 17, 1975; 58 FR 34691, June 29, 1993; 60 FR 47860, Sept. 15, 1995]



Sec. 927.142  Reserve fund.

    (a) It is necessary and appropriate to establish and maintain an 
operating reserve fund in an amount not to exceed approximately one 
fiscal period's expenses to be used in accordance with the provisions of 
Sec. 927.42 of the amended marketing agreement and this part, and
    (b) Assessments collected for the period ended June 30, 1962, were 
in excess of the expenses for such period and the committee is hereby 
authorized to place $2,500 of such excess in said reserve.

[27 FR 9175, Sept. 15, 1962. Redesignated at 44 FR 73011, Dec. 17, 1979]

    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, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

                             Assessment Rate



Sec. 927.236  Assessment rate.

    On and after July 1, 2001, an assessment rate of $0.49 per standard 
box of conventionally and organically produced pears and, in addition, a 
supplemental assessment rate of $0.03 per standard box of Beurre d'Anjou 
variety pears, excluding organically produced pears, is established for 
the Winter Pear Control Committee.

[67 FR 5438, Feb. 6, 2002]



Sec. 927.316  Handling regulation.

    During the period August 15 through November 1, no person shall 
handle any Beurre D'Anjou variety of pears for shipments to North 
America (Continental United States, Mexico, or Canada), unless such 
pears meet the following requirements:
    (a) Beurre D'Anjou variety of pears shall have a certification by 
the Federal-State Inspection Service, issued prior to shipment, showing 
that (1) the core/pulp temperature of such pears has been lowered to 35 
degrees Fahrenheit or less and (2) any such pears have an average 
pressure test of 14

[[Page 240]]

pounds or less. The handler shall submit, or cause to be submitted, a 
copy of the certificate issued on the shipment to the Control Committee.
    (b) Each handler may ship on any one conveyance 8,800 pounds or less 
of Beurre D'Anjou variety of pears without regard to the quality and 
inspection requirements in paragraph (a) of this section.

[65 FR 48139, Aug. 7, 2000; 65 FR 53531, Sept. 5, 2000]



PART 928--PAPAYAS GROWN IN HAWAII--Table of Contents




                   Subpart--Order Regulating Handling

                               Definitions

Sec.
928.1  Secretary.
928.2  Act.
928.3  Person.
928.4  Papayas.
928.5  Production area.
928.6  Fiscal year.
928.7  Committee.
928.8  Grower.
928.9  Handler.
928.10  Handle.
928.11  District.
928.12  Export.

                           Administrative Body

928.20  Establishment and membership.
928.21  Term of office.
928.22  Nomination.
928.23  Selection.
928.24  Failure to nominate.
928.25  Acceptance.
928.26  Vacancies.
928.27  Alternate members.
928.30  Powers.
928.31  Duties.
928.32  Procedure.
928.33  Expenses and compensation.
928.34  Annual report.

                        Expenses and Assessments

928.40  Expenses.
928.41  Assessments.
928.42  Accounting.

                                Research

928.45  Production research, marketing research and development.

                               Regulations

928.50  Marketing policy.
928.51  Recommendations for regulation.
928.52  Issuance of regulations.
928.53  Modification, suspension or termination of regulations.
928.54  Special purpose and minimum quantity shipments.
928.55  Inspection and certification.

                                 Reports

928.60  Reports.

                        Miscellaneous Provisions

928.61  Compliance.
928.62  Right of the Secretary.
928.63  Effective time.
928.64  Termination.
928.65  Proceedings after termination.
928.66  Effect of termination or amendment.
928.67  Duration of immunities.
928.68  Agents.
928.69  Derogation.
928.70  Personal liability.
928.71  Separability.
928.106  Fiscal year.
928.111  District redefinition.
928.120  Committee reapportionment.
928.121  Term of office.
928.122  Public member eligibility requirements and nomination 
          procedures.

                     Subpart--Rules and Regulations

928.141  Interest charges.
928.150  Exemption from inspection.
928.151  Special purpose shipments.
928.152  Maturity exemption.
928.153  Minimum quantities exemption.
928.160  Utilization reports.
928.226  Assessment rate.
928.313  Hawaiian Papaya Regulation 13.

    Authority: 7 U.S.C. 601-674.

    Source: 36 FR 8925, May 15, 1971, unless otherwise noted.



                    Subpart--Order Regulating Handing

                               Definitions



Sec. 928.1  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 thereafter be 
delegated, to act in his stead.



Sec. 928.2  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 (46 Stat. 31, as amended; 7 U.S.C. 601-674).

[[Page 241]]



Sec. 928.3  Person.

    Person means an individual, partnership, corporation, association, 
or any other business unit.



Sec. 928.4  Papayas.

    Papayas means any and all varieties of papayas grown in the 
production area.



Sec. 928.5  Production area.

    Production area means the State of Hawaii.



Sec. 928.6  Fiscal year.

    Fiscal year means the 12-month period beginning January 1 of each 
year, or such other period that may be approved by the Secretary 
pursuant to a recommendation by the committee: Provided, That the 
initial fiscal year shall begin on the effective date of this part.



Sec. 928.7  Committee.

    Committee means the Papaya Administrative Committee established 
pursuant to Sec. 928.20.



Sec. 928.8  Grower.

    Grower is synonymous with producer and means any person who produces 
papayas for market, and who has a proprietary interest therein.



Sec. 928.9  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting papayas owned by another person) 
who handles papayas in fresh form or causes papayas to be handled.



Sec. 928.10  Handle.

    Handle or ship are synonymous and mean to sell, consign, deliver, or 
transport papayas or cause papayas to be sold, consigned, delivered, or 
transported within the production area or between the production area 
and any point outside thereof: Provided, That such term shall not 
include:
    (a) The sale of papayas on the tree;
    (b) The transportation of papayas from the location where grown to a 
packinghouse within the production area for the purpose or having such 
papayas prepared for market; or
    (c) The sale of papayas at retail by a person in his capacity as a 
retailer.



Sec. 928.11  District.

    District means the applicable one of the following described 
subdivisions of the production area, or such other subdivisions as may 
be prescribed pursuant to Sec. 928.31(o):
    (a) District 1 shall include the island of Hawaii.
    (b) District 2 shall include the county of Kauai which consists of 
the islands of Kauai and Niihau; the county of Maui which consists of 
the islands of Maui, Molakai, Lanai, and Kahoolawe; and Kalawao County.
    (c) District 3 shall include the county of Honolulu which includes 
all of the island of Oahu.

[53 FR 864, Jan. 14, 1988]



Sec. 928.12  Export.

    Export means to ship papayas to any point outside the State of 
Hawaii.

                           Administrative Body



Sec. 928.20  Establishment and membership.

    There is hereby established a Papaya Administrative Committee 
consisting of 13 members, each of whom shall have an alternate who shall 
have the same qualifications as the member. Ten of the members and their 
alternates shall be growers and are referred to as ``grower'' members of 
the committee. Seven of the grower members and their alternates shall be 
producers of papayas in District 1, two grower members and their 
alternates shall be producers of papayas in District 2, and one grower 
member and alternate shall be producers of papayas in District 3. No 
grower organization shall be permitted to have more than three members 
on the committee. Three of the members and their alternates shall be 
representatives of handlers and are referred to as ``handler'' members 
of the committee. The three handler members and their alternates shall 
be selected from the production area at large. No handler organization 
shall be permitted to have more than one handler member on the 
committee. The number of grower and handler members and alternates on 
the committee, and the composition of

[[Page 242]]

the committee between growers and handlers may be changed as provided in 
Sec. 928.31(o). The committee also may be increased by one public member 
and one alternate public member nominated by the committee and selected 
by the Secretary. The committee, with the approval of the Secretary, 
shall prescribe the qualifications of, and the nominating procedure for, 
the public member and alternate.

[53 FR 864, Jan. 14, 1988]



Sec. 928.21  Term of office.

    The term of office of each member and alternate member of the 
committee shall be for two years beginning July 1 and ending on the 
second succeeding June 30, or such other dates recommended by the 
committee and established by the Secretary. The consecutive terms of 
office of a member shall be limited to three 2-year terms. Members and 
alternate members 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.

[53 FR 864, Jan. 14, 1988]



Sec. 928.22  Nomination.

    (a) Successor members. (1) The committee shall hold or cause to be 
held, not later than 45 days before the beginning of the term of office 
of committee members, separate meetings of growers in each district and 
a meeting of handlers for the purpose of designating nominees for 
successor members and alternate members of the committee, which shall be 
publicized and open to all growers and handlers. At each grower meeting, 
a chairman and a secretary shall be selected by growers eligible to 
participate therein. The chairman shall announce at the meeting the 
number of votes cast for each person nominated for member or alternate 
member and shall submit promptly to the committee a complete report 
concerning such meeting. The committee shall, in turn, promptly submit a 
copy of each such report to the Secretary. At each handler meeting, a 
chairman and a secretary may be selected by the handlers eligible to 
participate therein. If a chairman is elected he shall announce the 
number of votes cast for each person nominated for member or alternate 
member and shall submit promptly to the committee a report concerning 
such meeting. If a chairman is not elected some person shall be 
designated to file a report with the committee concerning such meeting. 
The committee shall, in turn, promptly submit a copy of each such report 
to the Secretary.
    (2) Only growers, including duly authorized officers or employees of 
growers, who are present at such nomination meetings may participate in 
the nomination and election of nominees for grower members and their 
alternates. Each grower shall be entitled to cast only one vote for each 
nominee to be elected in the district in which he produces papayas. No 
grower shall participate in the election of nominees in more than one 
district in any one fiscal year. If a person is both a grower and a 
handler of papayas, such person may vote either as a grower or as a 
handler but not as both.
    (3) Only handlers, including duly authorized officers or employees 
of handlers, who are present at such nomination meetings may participate 
in the nomination and election of nominees for handler members and their 
alternates. Each handler shall be entitled to cast only one vote, which 
vote shall be weighted by the volume of papayas handled by such handler 
during the then current fiscal year. If a person is both a grower and a 
handler of papayas, such person may vote either as a grower, or as a 
handler but not as both.
    (b) In the event that nominees for all available positions are not 
provided by the aforesaid procedure, then such unfilled positions shall 
be treated as vacancies and the provisions of Sec. 928.26 shall apply.

[53 FR 864, Jan. 14, 1988]



Sec. 928.23  Selection.

    The Secretary shall select the grower, handler, and public members, 
and an alternate for each, from nominations made under Secs. 928.20, 
928.22 and 928.26, or from other qualified persons.

[53 FR 864, Jan. 14, 1988]

[[Page 243]]



Sec. 928.24  Failure to nominate.

    If nominations are not made in the time and manner prescribed in 
Secs. 928.20, 928.22 and 928.26, the Secretary may without regard to 
nominations select the members and alternate members of the committee.

[53 FR 864, Jan. 14, 1988]



Sec. 928.25  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 promptly after being notified of such selection.



Sec. 928.26  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 
member or alternate member of the committee, a successor for the 
unexpired term of such member or alternate member of the committee shall 
be nominated and selected in the manner specified in Secs. 928.20, 
928.22, and 928.23: Provided, That the committee may in its discretion 
submit its recommendation to the Secretary of a nominee eligible to 
serve in accordance with the requirements specified in Sec. 928.20. To 
the extent practicable, the committee's recommended nominee for a grower 
member or alternate grower member position to represent a particular 
district shall be a grower recommended to the committee by the incumbent 
grower representatives of the committee from a particular district, or 
such nominee shall be a qualified grower recommended by the grower group 
with which the former member was associated immediately prior to 
vacating the position; and the recommended nominee for a handler member 
or alternate handler member position shall be the handler recommended to 
the committee by the incumbent handler representatives of the committee, 
or such nominee shall be a qualified handler recommended by the 
packinghouse with which the former member was associated immediately 
prior to vacating the position.

[53 FR 864, Jan. 14, 1988]



Sec. 928.27  Alternate members.

    An alternate member of the committee, during the absence or at the 
request of the member for whom he is an alternate, shall act in the 
place and stead of such member and perform such 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.



Sec. 928.30  Powers.

    The committee shall have the following powers:
    (a) To administer the provisions of this part in accordance with its 
terms;
    (b) To receive, investigate, and report to the Secretary complaints 
of violations of the provisions of this part;
    (c) To make and adopt rules and regulations to effectuate the terms 
and provisions of this part; and
    (d) To recommend to the Secretary amendments to this part.



Sec. 928.31  Duties.

    The committee shall have, among others, the following duties:
    (a) To select a chairman and such other officers as may be 
necessary, and to define the duties of such officers; and to select sub-
committees, advisory committees or other committees and define the 
duties of each;
    (b) To appoint such employees, agents, and representatives as it may 
deem necessary, and to determine the compensation and to define the 
duties and procedures of each;
    (c) To submit to the Secretary prior to each fiscal year a budget 
for such fiscal year, including a report in explanation of the items 
appearing therein and a recommendation as to the rate of assessment for 
such fiscal year;
    (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 a statement of the financial operations of the 
committee

[[Page 244]]

and to make copies of each such statement available to growers and 
handlers for examination at the office of the committee;
    (f) To require adequate fidelity bonds for all persons handling 
funds;
    (g) To cause its books to be audited by a competent public 
accountant at least once each fiscal year, and at such other times as 
the Secretary may request:
    (h) To act as intermediary between the Secretary and any grower or 
handler;
    (i) To provide an adequate system for estimating the total season 
crop of papayas and to make such determinations, as it may deem 
necessary, or as may be prescribed by the Secretary, in connection with 
the administration of this part;
    (j) To investigate the growing, handling, and marketing conditions 
with respect to papayas, and to assemble data in connection therewith;
    (k) To engage in such research relating to the determination of 
maturity and grade standards for papayas as may be approved by the 
Secretary;
    (l) To submit to the Secretary such available information, including 
verified reports, as he may request;
    (m) To notify producers and handlers of meetings of the committee to 
consider recommendations for regulation;
    (n) To investigate compliance with the provisions of this part; and
    (o) With the approval of the Secretary, to redefine the districts 
into which the production area is divided, to reapportion the grower 
member representation on the committee among the districts, to increase 
or decrease the number of grower and handler members and alternates on 
the committee, and to change the composition of the committee by 
changing the ratio between grower and handler members including their 
alternates. Any such changes shall reflect, insofar as practicable, 
structural changes within the papaya industry and shifts in papaya 
production among the districts within the production area.

[36 FR 8925, May 15, 1971, as amended at 53 FR 864, Jan. 14, 1988; 53 FR 
44551, Nov. 3, 1988]



Sec. 928.32  Procedure.

    (a) A majority of all members of the committee, including alternates 
acting for members, shall be necessary to constitute a quorum and such 
majority must concur to approve any committee action.
    (b) The committee may vote by telegraph, telephone, or other means 
of communication, and any vote so cast shall be confirmed promptly in 
writing: Provided, That if any assembled meeting is held, all votes 
shall be cast in person.
    (c) All meetings of the committee held for the purpose of 
formulating a marketing policy, for formulating recommendations for 
regulations, or for consideration of matters pertaining to production 
research, marketing research and development projects, including paid 
advertising shall be open to the growers and handlers. The committee 
shall give notice to each grower and handler who has requested such 
notice and has filed his name and address with the committee.

[36 FR 8925, May 15, 1971, as amended at 53 FR 864, Jan. 14, 1988]



Sec. 928.33  Expenses and compensation.

    The members of the committee and alternates when acting as members, 
or when requested by the committee to attend a committee meeting or to 
perform another committee function, may be reimbursed for expenses 
necessarily incurred by them in the performance of their duties under 
this part.



Sec. 928.34  Annual report.

    The committee may, as soon as practicable after the end of the 
fiscal year, prepare and mail an annual report to the Secretary and make 
a copy available to each handler and grower who requests a copy of the 
report. This annual report shall contain at least: (a) A complete review 
of the regulatory operations during the fiscal year; (b) an appraisal of 
the effect of such regulatory operations upon the papaya industry; and 
(c) any recommendations for changes in the program.

[[Page 245]]

                        Expenses and Assessments



Sec. 928.40  Expenses.

    The committee is authorized to incur such expenses as the Secretary 
finds are reasonable and likely to be incurred by the committee for its 
maintenance and functioning and to enble it to exercise its powers and 
perform its duties in accordance with the provisions of this part during 
each fiscal year. The funds to cover such expenses shall be acquired by 
the levying of assessments as prescribed in Sec. 928.41.



Sec. 928.41  Assessments.

    (a) Each person who first handles papayas shall, with respect to the 
papayas so handled by him, pay to the committee upon demand such 
person's pro rate share of the expenses which the Secretary finds are 
reasonable and likely to be incurred by the committee during each fiscal 
year. Each such person's share of such expenses shall be equal to the 
ratio between the total quantity of papayas handled by him as the first 
handler thereof during the applicable fiscal year and the total quantity 
of papayas so handled by all persons during the same fiscal year. 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.
    (b) The Secretary shall fix the rate of assessment to be paid by 
each such person. At any time during or after the 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 which may be incurred. Such expenses shall be applied to 
all papayas handled during the applicable fiscal year. In order to 
provide funds for the administration of the provisions of this part 
during the first part of a fiscal year before sufficient operating 
income is available from assessments on the current year's shipments, 
the committee may accept the payment of assessments in advance, and may 
also borrow money for such purpose. Assessments not paid within a period 
of time prescribed by the committee may be made subject to interest or 
late payment charges, or both. The period of time, rate of interest, and 
late payment charge shall be as recommended by the committee and 
approved by the Secretary. When such interest or late payment charges 
are in effect, they shall be applied to all assessments not paid within 
the prescribed period of time.

[36 FR 8925, May 15, 1971, as amended at 53 FR 864, Jan. 14, 1988]



Sec. 928.42  Accounting.

    (a) If, at the end of a fiscal year the assessments collected are in 
excess of expenses incurred, such expenses shall be accounted for as 
follows:
    (1) Except as provided in paragraphs (a) (2) and (3) 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 year unless such person demands payment thereof, in 
which event it shall be paid to him: Provided, That any sum paid by a 
person in excess of this pro rata share of the expenses during any 
fiscal year may be applied by the committee at the end of such fiscal 
year to any outstanding obligations from such person.
    (2) 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 1 fiscal year's 
operational expense. Upon approval by the Secretary, funds in such 
reserve shall be available for use by the committee for all expenses 
pursuant to Sec. 928.40.
    (3) 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 will 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 purposes 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

[[Page 246]]

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 
his successor in office and shall execute such assignments and other 
instruments as may be necessary or appropriate to vest in such successor 
full title to all of the property, funds and claims vested in such 
member pursuant to this part.

                                Research



Sec. 928.45  Production research, marketing 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 projects designed to assist, improve, or 
promote the production, marketing, distribution, and consumption of 
papayas. Such projects may provide for any form of marketing promotion 
including paid advertising. The expense of such projects shall be paid 
by funds collected pursuant to Sec. 928.41.
    (b) In recommending projects pursuant to this section, the committee 
shall give consideration to the following factors:
    (1) The expected supply of papayas in relation to market 
requirements;
    (2) The supply situation among competing areas and commodities;
    (3) The need for production or marketing research with respect to 
any production or marketing development activity.
    (c) If the committee should conclude that a program of production or 
marketing research or development should be undertaken or continued 
pursuant to this section in any fiscal year, it shall submit the 
following for the approval of the Secretary:
    (1) Its recommendation as to funds to be obtained pursuant to the 
applicable provisions of this part and the rate of assessment required 
to obtain such funds;
    (2) Its recommendation as to any production research or marketing 
research projects; and
    (3) Its recommendation as to promotion activity and paid 
advertising.

                               Regulations



Sec. 928.50  Marketing policy.

    (a) Each season prior to making any recommendations pursuant to 
Sec. 928.51, the committee shall submit to the Secretary a report 
setting forth its marketing policy for the season. Such marketing policy 
report shall contain information relative to:
    (1) The estimated total production of papayas within the production 
area;
    (2) The estimated utilization of the crop, showing the quantity and 
percentages of the crop expected to be marketed through fresh fruit 
channels within the State of Hawaii, within the continent of North 
America, and within the balance of the markets of the world; and showing 
the quantity and percent of the crop expected to be marketed through 
byproduct channels, together with quantities otherwise to be disposed 
of;
    (3) Available supplies of competitive papayas in all producing areas 
of the United States and other competitive producing areas;
    (4) Trend and level of consumer income;
    (5) Other factors having a bearing on the marketing of papayas; and
    (6) The type of regulations expected to be recommended during the 
season.
    (b) In the event that it becomes advisable to substantially modify 
such marketing policy the committee shall submit to the Secretary a 
revised marketing policy setting forth the information as required in 
this section. The committee shall transmit a copy of each marketing 
policy report or revision thereof to the Secretary. Copies of all such 
reports shall be maintained in the office of the committee where they 
shall be available for examination by growers and handlers. The 
committee shall announce the contents of each marketing policy report, 
including each revised marketing policy report.



Sec. 928.51  Recommendations for regulation.

    (a) Whenever the committee deems it advisable to regulate the 
handling of papayas in the manner provided in

[[Page 247]]

Sec. 928.52 it shall so recommend to the Secretary.
    (b) In arriving at its recommendations for regulation pursuant to 
paragraph (a) of this section, the committee shall give consideration to 
current information with respect to the factors affecting the supply and 
demand for papayas during the period or periods when it is proposed that 
such regulation should be made effective. With each such recommendation 
for regulation, the committee shall submit to the Secretary the data and 
information on which such recommendation is predicated and such other 
available information as the Secretary may request.



Sec. 928.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of papayas 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 regulation may:
    (1) Limit, during any period or periods, the shipment of any 
particular grade, size, quality, maturity, or pack, or any combination 
thereof, of any variety or varieties of papayas grown in the production 
area;
    (2) Limit the shipment of papayas by establishing, in term of 
grades, sizes, or both, minimum standards of quality and maturity during 
any period when season average prices are expected to exceed the parity 
level;
    (3) Fix the size, capacity, weight, dimension, marking, or pack of 
the container, or containers, which may be used in the packaging or 
handling of papayas.
    (4) Prescribe different requirements under paragraphs (a)(1) through 
(a)(3) of this section for the handling of any variety of papayas to 
destinations within any geographical area or market type identified and 
recommended by the committee and approved by the Secretary.
    (b) The committee shall be informed immediately of any such 
regulation issued by the Secretary, and the committee shall promptly 
give notice thereof, to growers and handlers.

[36 FR 8925, May 15, 1971, as amended at 53 FR 865, Jan. 14, 1988]



Sec. 928.53  Modification, suspension, or termination of regulations.

    (a) In the event the committee at any time finds that, by reason of 
changed conditions, any regulations issued pursuant to Sec. 928.52 
should be modified, suspended, or terminated, it shall so recommend to 
the Secretary.
    (b) Whenever the Secretary finds from the recommendation and 
information submitted by the committee or from other available 
information, that a regulation should be modified, suspended, or 
terminated with respect to any or all shipments of papayas in order to 
effectuate the declared policy of the act, he shall modify, suspend, or 
terminate such regulation. On the same basis and in like manner the 
Secretary may terminate any such modification or suspension.



Sec. 928.54  Special purpose and minimum quantity shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Secs. 928.41, 928.52, 928.53 and 
928.55, and the regulations issued thereunder, handle papayas (1) for 
consumption by charitable institutions; (2) for distribution by relief 
agencies; or (3) for commercial processing into products.
    (b) Upon the basis of recommendations and information submitted by 
the committee, or from other available information, the Secretary may 
relieve from any or all requirements under or established pursuant to 
Secs. 928.41, 928.52, 928.53, and 928.55, the handling of papayas in 
such minimum quantities, in such types of shipments, or for such 
specified purposes (including shipments to facilitate the conduct of 
marketing research and development projects established pursuant to 
Sec. 928.45) as the committee, with the approval of the Secretary, may 
prescribe.
    (c) The committee shall, with the approval of the Secretary, 
prescribe such rules, regulations, and safeguards as it may deem 
necessary to assure compliance with this section. Such rules, 
regulations, and safeguards may include

[[Page 248]]

the requirements that handlers shall file applications and receive 
approval from the committee for authorization to handle papayas pursuant 
to this section, and that such application be accompanied by 
certification by the intended purchaser or receiver that the papayas 
will not be used for any purpose not authorized by this section.



Sec. 928.55  Inspection and certification.

    (a) Whenever the handling of any variety of papayas is regulated 
pursuant to Sec. 928.52 or Sec. 928.53, each handler who handles papayas 
shall, prior thereto, cause such papayas to be inspected by the Federal 
or Federal-State Inspection Service, and certified by it as meeting the 
applicable requirements of such regulation: Provided, That inspection 
and certification shall be required for papayas which previously have 
been so inspected and certified only if such papayas have been regraded, 
resorted, repackaged, or in any other way further prepared for market. 
Promptly after inspection and certification, each such handler shall 
submit or cause to be submitted to the committee a copy of the 
certificate of inspection issued with respect to such papayas.
    (b) The committee may enter into an agreement with the inspection 
agency with respect to the costs of inspection required by paragraph (a) 
of this section, and may collect from handlers their respective pro rata 
shares of such costs.
    (c) The committee, with the approval of the Secretary, may prescribe 
such rules and regulations as it may deem necessary to assure compliance 
with this section and provide for identification of containers of 
papayas which have been inspected and certified for handling.

[36 FR 8925, May 15, 1971, as amended at 53 FR 865, Jan. 14, 1988]

                                 Reports



Sec. 928.60  Reports.

    (a) 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, reports of papayas received and 
disposed of and such other information as may be necessary for the 
committee to perform its duties under this part.
    (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 are authorized, subject to the prohibition of 
disclosure of individual handler's identities or operations.
    (c) Each handler shall maintain for at least 2 succeeding fiscal 
years such records of the papayas received and of papayas disposed of by 
such handler as may be necessary to verify reports pursuant to this 
section.
    (d) Verification of reports: For the purpose of assuring compliance 
and checking and verifying the reports filed by handlers, the Secretary 
and the Committee, through its duly authorized agents, shall have access 
to any premises where applicable records are maintained, where papayas 
are handled, 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.

                        Miscellaneous Provisions



Sec. 928.61  Compliance.

    Except as provided in this part, no person shall handle papayas, the 
shipment of which has been prohibited by the Secretary in accordance 
with the provisions of this part; and no person shall handle papayas 
except in conformity with the provisions and the regulations issued 
under this part.



Sec. 928.62  Right of the Secretary.

    The members of the committee (including successors and alternates), 
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

[[Page 249]]

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.



Sec. 928.63  Effective time.

    The provisions of this part and of any amendments thereto shall 
become effective at such time as the Secretary may declare above his 
signature, and shall continue in force until terminated in one of the 
ways specified in Sec. 928.64.



Sec. 928.64  Termination.

    (a) The Secretary may at any time terminate the provisions of this 
order 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 operation of any 
and all of the provisions of this order whenever the Secretary finds 
that such provisions do not tend to effectuate the declared policy of 
the Act.
    (c) The Secretary shall terminate the provisions of this order at 
the end of any fiscal year whenever the Secretary finds by a referendum 
or otherwise that continuance is not favored by the majority of 
producers who, during a representative period determined by the 
Secretary, were engaged in the production area in the production of 
papayas for market: Provided, That such majority has produced for market 
during such period more than 50 percent of the volume of papayas 
produced in the production area. Such termination shall be effective 
only if announced on or before December 15 of the then current fiscal 
year.
    (d) Upon recommendation of the committee, received not later than 
October 1 of an even-numbered year, the Secretary shall conduct a 
referendum prior to December 1 of such year to ascertain whether 
continuance of this order is favored by the producers.
    (e) The Secretary shall conduct a continuance referendum every sixth 
fiscal year prior to October 1, with the first such referendum to be 
conducted within six years from the effective date of this amendment of 
this section, to ascertain whether continuance of this order is favored 
by producers. The Secretary may terminate the provisions of this order 
at the end of any fiscal year in which the Secretary has found that 
continuance of this order is not favored by producers, who, during a 
respresentative period determined by the Secretary, have been engaged in 
the production for market of papayas in the production area. Such 
termination of the order shall be effective only if announced on or 
before December 15 of the then current fiscal year.
    (f) The provisions of this order shall, in any event, terminate 
whenever the provisions of the Act authorizing them cease to be in 
effect.

[53 FR 865, Jan. 14, 1988]



Sec. 928.65  Proceedings after termination.

    (a) Upon the 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.
    (b) The said trustees shall (1) continue in such capacity until 
discharged by the Secretary; (2) 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 (3) 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, pursuant to this section, shall be subject to 
the same obligation imposed upon the committee and upon the trustees.



Sec. 928.66  Effect of termination or amendment.

    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,

[[Page 250]]

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 part or any regulation issued under this part, or 
(b) release or extinguish any violation of this part, or of any 
regulation issued under this part, or (c) affect or impair any rights or 
remedies of the Secretary or of any other person with respect to any 
violation.



Sec. 928.67  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.



Sec. 928.68  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 his agent or representative in 
connection with any of the provisions of this part.



Sec. 928.69  Derogation.

    Nothing contained in the provisions of 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.



Sec. 928.70  Personal liability.

    No member or alternate 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.



Sec. 928.71  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.



Sec. 928.106  Fiscal year.

    Pursuant to Sec. 928.6, the term fiscal year is redefined to mean 
the 12-month period beginning on July 1 of each year and ending on June 
30 of the following year: Provided, That an interim fiscal period is 
established for the period October 1, 1986, through June 30, 1987.

[51 FR 35342, Oct. 2, 1986]



Sec. 928.111  District redefinition.

    District means the applicable one of the following described 
subdivisions of the production area:
    (a) District 1 shall include the island of Hawaii.
    (b) District 2 shall include the county of Kauai which consists of 
the islands of Kauai and Niihau; the county of Maui which consists of 
the islands of Maui, Molakai, Lanai, and Kahoolawe; and Kalawao County.
    (c) District 3 shall include the county of Honolulu which includes 
all of the island of Oahu.

[49 FR 44200, Nov. 5, 1984 and 50 FR 1439, Jan. 11, 1985]



Sec. 928.120  Committee reapportionment.

    The Papaya Administrative Committee shall consist of 13 members and 
alternate members. Nine of the members shall represent growers, and 
three shall represent handlers. Seven grower members and their 
alternates shall represent District 1, one grower member and alternate 
shall represent District 2, and one grower member and alternate shall 
represent District 3. No grower organization shall have more than two 
members on the committee. The three handler members shall be nominated 
from the production area at large. No handler organization is permitted 
to have more than one handler member on the committee. One voting public 
member and alternate shall also be included on the committee. The 
eligibility requirements and nomination procedures for the public member 
and alternate are specified in Sec. 928.122.

[59 FR 55336, Nov. 7, 1994]

[[Page 251]]



Sec. 928.121  Term of office.

    Pursuant to Sec. 928.21, the term of office for each member and 
alternate member on the committee is reestablished to be a 24-month 
period beginning July 1 of each odd--numbered year and ending on the 
second succeeding June 30: Provided, That committee members currently 
serving on the committee shall continue to serve through June 30, 1987.

[52 FR 15489, Apr. 29, 1987]



Sec. 928.122  Public member eligibility requirements and nomination procedures.

    (a) The public member and alternate member shall be nominated by the 
Papaya Administrative Committee and shall serve a two-year term which 
coincides with the term of the grower and handler members of the 
committee.
    (b) Public member and alternate member candidates should be able to 
devote sufficient time to attend committee activities regularly and to 
familiarize themselves with the background and economics of the papaya 
industry.
    (c) The public member and alternate member shall be residents of the 
production area.
    (d) Public member and alternate member candidates shall not 
represent an agricultural interest and shall not have a financial 
interest in, or be associated with, the production, processing, 
financing, or marketing of papayas.

[54 FR 20516, May 12, 1989]



                     Subpart--Rules and Regulations

    Source: 36 FR 22360, Nov. 25, 1971, unless otherwise noted.



Sec. 928.141  Interest charges.

    (a) Assessments levied pursuant to Sec. 928.41 not paid within five 
days after the 25th of each month on papayas handled during the 
preceding month shall be subject to an interest charge of one and one-
half percent per month.
    (b) Notification that assessments are due not later than five days 
after the 25th of each month shall constitute a demand on a handler for 
the payment of the handler's pro rata share of expenses within the 
meaning of Sec. 928.41(a).

[50 FR 31586, Aug. 5, 1985]



Sec. 928.150  Exemption from inspection.

    The requirements in this section apply through Janaury 2, 2002.
    (a) Waivers. A handler may handle papayas without inspection and 
certification, as prescribed under Sec. 928.55, if all the following 
conditions are met:
    (1) The handler requests the Federal-State Inspection Service to 
provide inspection during its regular working hours at least 2 hours in 
advance of the time when inspection is needed. The request need not be 
in writing but it shall be confirmed immediately in writing on a waiver 
form supplied by the inspection service;
    (2) The Federal-State Inspection Service advises the handler that it 
is not practicable to provide inspection at the time and place 
designated by the handler. Such advice may be verbal but it shall be 
confirmed in writing by the Federal-State Inspection Service by 
execution of the waiver form on which the handler submitted his written 
request. A confirmed copy thereof shall be forwarded by the inspection 
service to the office of the Papaya Administrative Committee;
    (3) The Federal-State Inspection Service furnishes the handler with 
the number of the waiver which shall cover the fruit on which inspection 
is requested;
    (4) When so instructed, the handler plainly and conspicuously marks 
one end of each container with the letter ``W'' and the waiver number 
supplied by the Federal-State Inspection Service. The letter W and the 
number so marked shall be not less than one-half inch in height.

[36 FR 22360, Nov. 25, 1971, as amended at 65 FR 70284, Nov. 22, 2000]

    Effective Date Note: At 66 FR 29219, May 30, 2001, Sec. 928.150 was 
suspended indefinitely.



Sec. 928.151  Special purpose shipments.

    (a) Papayas delivered to a handler for sale by the handler for the 
account of the grower shall be deemed a consignment only with respect to 
papayas which are actually sold by the handler; consignment shall not 
extend to those

[[Page 252]]

papayas delivered but disposed of by dumping as evidenced by a dumping 
certificate issued by the Federal-State Inspection Service. Papayas not 
consigned as herein defined shall not be subject to assessment levied 
pursuant to Sec. 928.41.
    (b) Any handler may, after application for and receipt of committee 
approval, handle papayas to be used as animal feed exempt from the 
provisions of Secs. 928.41, 928.52, 928.53, and 928.55 and the 
regulations issued thereunder.
    (1) Such application shall be made prior to handling, on the forms 
provided by the committee and shall be accompanied by certification 
stating that the fruit will be used for the applied for purpose.
    (c) Any handler may, after application for and receipt of committee 
approval, handle papayas exempt from the provisions of Secs. 928.41, 
928.52, 928.53, and 928.55, and the regulations issued thereunder: 
Provided, That such fruit is donated for use by charitable institutions 
or distribution by relief agencies.
    (d) Any handler may, after application for and receipt of committee 
approval, handle papayas exempt from the provisi