[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2011 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          Title 7


          Parts 900 to 999

                         Revised as of January 1, 2011


          Agriculture
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2011
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register
                    A Special Edition of the Federal Register

[[Page ii]]

          U.S. GOVERNMENT OFFICIAL EDITION NOTICE

          Legal Status and Use of Seals and Logos
          
          
          
          The seal of the National Archives and Records Administration 
              (NARA) authenticates the Code of Federal Regulations (CFR) as 
              the official codification of Federal regulations established 
              under the Federal Register Act. Under the provisions of 44 
              U.S.C. 1507, the contents of the CFR, a special edition of the 
              Federal Register, shall be judicially noticed. The CFR is 
              prima facie evidence of the original documents published in 
              the Federal Register (44 U.S.C. 1510).

          It is prohibited to use NARA's official seal and the stylized Code 
              of Federal Regulations logo on any republication of this 
              material without the express, written permission of the 
              Archivist of the United States or the Archivist's designee. 
              Any person using NARA's official seals and logos in a manner 
              inconsistent with the provisions of 36 CFR part 1200 is 
              subject to the penalties specified in 18 U.S.C. 506, 701, and 
              1017.

          Use of ISBN Prefix

          This is the Official U.S. Government edition of this publication 
              and is herein identified to certify its authenticity. Use of 
              the 0-16 ISBN prefix is for U.S. Government Printing Office 
              Official Editions only. The Superintendent of Documents of the 
              U.S. Government Printing Office requests that any reprinted 
              edition clearly be labeled as a copy of the authentic work 
              with a new ISBN.

              
              
          U . S . G O V E R N M E N T P R I N T I N G O F F I C E

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

          U.S. Superintendent of Documents  Washington, DC 
              20402-0001

          http://bookstore.gpo.gov

          Phone: toll-free (866) 512-1800; DC area (202) 512-1800

[[Page iii]]




                            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               5
  Finding Aids:
      Table of CFR Titles and Chapters........................     739
      Alphabetical List of Agencies Appearing in the CFR......     759
      List of CFR Sections Affected...........................     769

[[Page iv]]





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

                     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, 2011), 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 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
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 eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

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.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed 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, 8601 Adelphi Road, College Park, MD 20740-6001, 
or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    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.

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 
volume, contact the issuing agency. The issuing agency's name appears at 
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 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail fedreg.info@nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll-free, 
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2104, 24 hours a day. For payment by check, 
write to: US Government Printing Office - New Orders, P.O. Box 979050, 
St. Louis, MO 63197-9000.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers of the Presidents of the United 
States, Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format via www.ofr.gov. For more 
information, contact the GPO Customer Contact Center, U.S. Government 
Printing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-
mail, gpo@custhelp.com.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal-
register.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    January 1, 2011.







[[Page ix]]



                               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, 1600-1759, 1760-1939, 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, 2011.

    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.

    For this volume, Robert J. Sheehan, III was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[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]]

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

[[Page 5]]



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




  --------------------------------------------------------------------
Part                                                                Page
900             General regulations.........................           7
905             Oranges, grapefruit, tangerines, and 
                    tangelos grown in Florida...............          48
906             Oranges and grapefruit grown in Lower Rio 
                    Grande Valley in Texas..................          70
915             Avocados grown in south Florida.............          86
916             Nectarines grown in California..............         105
917             Fresh pears and peaches grown in California.         123
920             Kiwifruit grown in California...............         150
922             Apricots grown in designated counties in 
                    Washington..............................         164
923             Sweet cherries grown in designated counties 
                    in Washington...........................         177
924             Fresh prunes grown in designated counties in 
                    Washington and in Umatilla County, 
                    Oregon..................................         189
925             Grapes grown in a designated area of 
                    southeastern California.................         201
926             Data collection, reporting and recordkeeping 
                    requirements applicable to cranberries 
                    not subject to the cranberry marketing 
                    order...................................         213
927             Pears grown in Oregon and Washington........         216
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         231
930             Tart cherries grown in the States of 
                    Michigan, New York, Pennsylvania, 
                    Oregon, Utah, Washington, and Wisconsin.         254
932             Olives grown in California..................         281
944             Fruits; import regulations..................         310

[[Page 6]]

945             Irish potatoes grown in certain designated 
                    counties in Idaho, and Malheur County, 
                    Oregon..................................         324
946             Irish potatoes grown in Washington..........         340
947             Irish potatoes grown in Modoc and Siskiyou 
                    Counties, Calif., and in all counties in 
                    Oregon, except Malheur County...........         357
948             Irish potatoes grown in Colorado............         373
953             Irish potatoes grown in Southeastern States.         392
955             Vidalia onions grown in Georgia.............         404
956             Sweet onions grown in the Walla Walla Valley 
                    of southeast Washington and northeast 
                    Oregon..................................         414
958             Onions grown in certain designated counties 
                    in Idaho, and Malheur County, Oregon....         428
959             Onions grown in South Texas.................         443
966             Tomatoes grown in Florida...................         458
980             Vegetables; import regulations..............         477
981             Almonds grown in California.................         485
982             Hazelnuts grown in Oregon and Washington....         513
983             Pistachios grown in California, Arizona, and 
                    New Mexico..............................         533
984             Walnuts grown in California.................         550
985             Marketing order regulating the handling of 
                    spearmint oil produced in the Far West..         569
987             Domestic dates produced or packed in 
                    Riverside County, California............         583
989             Raisins produced from grapes grown in 
                    California..............................         609
993             Dried prunes produced in California.........         674
996             Minimum quality and handling standards for 
                    domestic and imported peanuts marketed 
                    in the United States....................         714
999             Specialty crops; import regulations.........         724

[[Page 7]]



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_Supplemental Rules of Practice Governing Proceedings To Amend 
         Federal Milk Marketing Agreements and Marketing Orders

900.20 Words in the singular form.
900.21 Definitions.
900.22 Proposal submission requirements.
900.23 Procedures following receipt of proposal.
900.24 Pre-hearing information sessions.
900.25 Advance submission of testimony.
900.26 Requesting USDA data for use at a hearing.
900.27 Deadline for filing post-hearing briefs and corrections to 
          transcript.
900.28 Deadline for issuance of recommended decisions or tentative final 
          decisions.
900.29 Deadline for filing exceptions to recommended decisions.
900.30 Deadline for issuance of Secretary's (final) decisions.
900.31 Electronic document submission standards.
900.32 Informal rulemaking.
900.33 Industry assessments.

 Subpart_Supplemental Rules of Practice Governing Proceedings To Amend 
   Fruit, Vegetable and Nut Marketing Agreements and Marketing Orders

900.36 Words in the singular form.
900.37 Definitions.
900.38 Pre-hearing information sessions.
900.39 Proposal submission requirements.
900.40 Written testimony and USDA data request requirements.
900.41 Electronic document submission standards.
900.42 Industry assessments.
900.43 Use of informal rulemaking.

 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.

[[Page 8]]

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.
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.

                    Subpart_Assessment of Exemptions

900.700 Exemption from assessments.

    Authority: 7 U.S.C. 601-674 and 7 U.S.C. 7401.

    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

[[Page 9]]

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.
    (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

[[Page 10]]

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 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,

[[Page 11]]

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 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

[[Page 12]]

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.
    (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

[[Page 13]]

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 
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.

[[Page 14]]

    (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 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

[[Page 15]]

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.
    (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

[[Page 16]]

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 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_Supplemental Rules of Practice Governing Proceedings To Amend 
         Federal Milk Marketing Agreements and Marketing Orders

    Authority: 7 U.S.C. 608c(17) and 610.

    Source: 73 FR 49088, Aug. 20, 2008, unless otherwise noted.

[[Page 17]]



Sec. 900.20  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. 900.21  Definitions.

    As used in this subpart, the terms as defined in the Act and in 
Sec. 900.2 of this part shall apply.



Sec. 900.22  Proposal submission requirements.

    When a person other than the Secretary makes a proposal to amend a 
Federal milk marketing agreement or order under Sec. 900.3 of this 
part, the proposal shall address the following, to the extent 
applicable:
    (a) Explain the proposal. What is the disorderly marketing condition 
that the proposal is intended to address?
    (b) What is the purpose of the proposal?
    (c) Describe the current Federal order requirements or industry 
practices relative to the proposal.
    (d) Describe the expected impact on the industry, including on 
producers and handlers, and on consumers. Explain/Quantify.
    (e) What are the expected effects on small businesses as defined by 
the Regulatory Flexibility Act (5 U.S.C. 601-612)? Explain/Quantify.
    (f) How would adoption of the proposal increase or decrease costs to 
producers, handlers, others in the marketing chain, consumers, the 
Market Administrator offices and/or the Secretary? Explain/Quantify.
    (g) Would a pre-hearing information session be helpful to explain 
the proposal?



Sec. 900.23  Procedures following receipt of a proposal.

    Within 30 days of receipt of a proposal to amend a Federal milk 
marketing agreement order under Sec. 900.3 of this part, USDA shall 
either: Issue a notice providing an action plan and expected timeframes 
for the different steps in the formal rulemaking process for completion 
of the hearing not more than 120 days after the date of the issuance of 
the notice; request additional information from the person submitting 
the proposal to be used in deciding whether a hearing will be held. If 
the information requested is not received within a specified timeframe, 
the request shall be denied; or deny the request. Notice of the action 
plan will be made on the Dairy Programs, AMS Web site and through 
program releases to interested persons.



Sec. 900.24  Pre-hearing information sessions.

    A pre-hearing information session may be held by the Secretary in 
response to any proposals received under Sec. 900.3 of this part. Any 
person proposing an amendment to a Federal milk marketing agreement or 
order may request that a pre-hearing information session be held. A 
person submitting a proposal shall have up to 3 calendar days to modify 
or withdraw his or her proposal prior to the publication of a notice of 
hearing.



Sec. 900.25  Advance submission of testimony.

    Any person proposing an amendment to a Federal milk marketing 
agreement or order under Sec. 900.3 of this part, when participating as 
a witness, shall make copies of his or her testimony, if prepared as an 
exhibit, and any other exhibits available to USDA officials before the 
start of the hearing on the person's day of appearance. Individual dairy 
farmers shall not be subject to this requirement.



Sec. 900.26  Requesting USDA data for use at an amendatory hearing.

    Requests for preparation of USDA data to be used at a Federal milk 
marketing agreement or order amendatory proceeding must be received by 
USDA at least 10 days before the beginning of the hearing. If an 
amendatory hearing is announced with less than 10 days before the start 
of the hearing, requests for data must be submitted within 2 days 
following publication of the notice of hearing in the Federal Register.



Sec. 900.27  Deadline for filing post-hearing briefs and corrections 
to transcript.

    (a) Under Sec. 900.10 of this part, the period of time for 
interested persons to

[[Page 18]]

file corrections to the transcript of testimony at a Federal milk 
marketing agreement or order amendatory proceeding shall be no more than 
30 days after the hearing record is available.
    (b) Under Sec. 900.9(b) of this part, the period of time after the 
completion of a Federal milk marketing agreement or order amendatory 
hearing for interested persons to file proposed findings and 
conclusions, and written arguments or briefs, shall be no more than 60 
days after completion of the amendatory hearing.



Sec. 900.28  Deadline for issuance of recommended decisions or 
tentative final decisions.

    In a Federal milk marketing agreement or order amendatory 
proceeding, USDA shall issue a recommended decision under Sec. 900.12 
or, when applicable, a tentative final decision, not later than 90 days 
after the deadline for submission of proposed findings and conclusions, 
and written arguments or briefs.



Sec. 900.29  Deadline for filing exceptions to recommended decisions.

    In a Federal milk marketing agreement or order amendatory 
proceeding, exceptions to a recommended decision under Sec. 900.12 
shall be filed with the hearing clerk not later than 60 days after 
publication of the recommended decision in the Federal Register, unless 
otherwise specified in that decision.



Sec. 900.30  Deadline for issuance of Secretary's (final) decisions.

    A Secretary's (final) decision under Sec. 900.13a to a proposed 
amendment on marketing agreement or order shall be issued not later than 
60 days after the deadline for submission of exceptions to the 
recommended decision.



Sec. 900.31  Electronic submission of hearing documents.

    To the extent practicable, all documents filed with the hearing 
clerk in a proceeding to amend a Federal milk marketing agreement or 
order shall also be submitted electronically to the Dairy Programs, 
Agricultural Marketing Service, USDA. All documents should reference the 
docket number of the proceeding. Instructions for electronic filing will 
be provided in the notice of action plan referred to in Sec. 900.23 of 
this subpart, at the amendatory hearing, and in each Federal Register 
publication regarding the amendatory proceeding.



Sec. 900.32  Informal rulemaking.

    USDA may elect to use informal rulemaking procedures under 553 of 
Title 5, United States Code, to amend Federal milk marketing agreements 
and orders, other than provisions that directly affect milk prices. In 
making this determination, consideration shall be given to:
    (a) The nature and complexity of the proposal;
    (b) The potential regulatory and economic impacts on affected 
entities; and
    (c) Any other relevant matters.



Sec. 900.33  Industry assessments.

    If the Secretary determines it is necessary to improve or expedite 
an amendatory formal rulemaking proceeding to amend a Federal milk 
marketing agreement or order, USDA may impose an assessment on pooled 
milk to supplement appropriated funds for the procurement of such 
services, including but not limited to, court reporters, hearing 
examiners, legal counsel, hearing venue and associated travel for USDA 
officials. Only the milk pooled in the particular marketing area that 
stands to be affected by proposals heard at the amendatory proceeding 
may be assessed. The assessments shall be subject to the provisions of 
Sec. 1000.85 (7 CFR 1000.85) concerning assessments for order 
administration, including the provision that assessments shall not 
exceed $.005 per hundredweight of milk for any given month.



 Subpart_Supplemental Rules of Practice Governing Proceedings To Amend 
   Fruit, Vegetable and Nut Marketing Agreements and Marketing Orders

    Authority: 7 U.S.C. 608c(17) and 610.

    Source: 73 FR 49310, Aug. 21, 2008, unless otherwise noted.

[[Page 19]]



Sec. 900.36  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. 900.37  Definitions.

    As used in this subpart, the terms as defined in the Act and in 
Sec. 900.2 of this part shall apply.



Sec. 900.38  Pre-hearing information sessions.

    A pre-hearing information session concerning a proposal to amend a 
fruit, vegetable or nut marketing agreement or order may be held either 
prior or subsequent to submission of a proposal under Sec. 900.3 of 
this part. Such sessions may be held by a marketing agreement or order 
committee or board or by the Secretary.



Sec. 900.39  Proposal submission requirements.

    When a person other than the Secretary makes a proposal to amend a 
fruit, vegetable or nut marketing agreement or order under Sec. 900.3 
of this part, the proposal shall address the following, to the extent 
applicable:
    (a) The purpose of the proposal;
    (b) The problem the proposal is designed to address with explanation 
and quantification;
    (c) The current requirements or industry practices relative to the 
proposal;
    (d) The expected impact on the industry, including producers, 
handlers, and on consumers;
    (e) In the case of marketing orders, an explanation, including 
supporting information and data, of how the proposal would tend to 
improve returns to producers, and in the case of marketing agreements, 
how the proposal impacts the signatories to the agreement;
    (f) The expected effects on small businesses as defined by the 
Regulatory Flexibility Act (5 U.S.C. 601-612);
    (g) A description and quantification of whether the proposal would 
increase or decrease costs to producers, handlers, or others in the 
marketing chain, and to consumers, marketing order committees and boards 
and/or the Secretary;
    (h) A description of how the proposal would be implemented; and
    (i) A description, including quantification, of how compliance with 
the proposal would be effected.



Sec. 900.40  Written testimony and USDA data request requirements.

    In addition to the provisions of Sec. 900.8(b)(4), witnesses at an 
amendatory fruit, vegetable or nut formal rulemaking hearing shall make, 
to the extent practicable, at least 8 copies of their testimony, if 
prepared as an exhibit, and any other exhibits available to USDA before 
testimony is given on the day of appearance at the hearing. Industry 
requests for preparation of USDA data for a rulemaking hearing should be 
made at least 10 days prior to the beginning of the hearing.



Sec. 900.41  Electronic document submission standards.

    To the extent practicable, all documents filed with the hearing 
clerk in a proceeding to amend a fruit, vegetable or nut marketing 
agreement or order shall also be submitted electronically to the 
Agricultural Marketing Service, Fruit and Vegetable Programs, USDA. All 
documents should reference the docket number of the proceeding. 
Instructions for electronic filing shall be provided at the amendatory 
formal rulemaking hearing and in each Federal Register publication 
regarding the amendatory proceeding.



Sec. 900.42  Industry assessments.

    If the Secretary determines it is necessary to improve or expedite 
an amendatory fruit, vegetable or nut formal rulemaking proceeding, 
costs associated with improving or expediting the proceeding may be 
charged to the committees or boards. Such costs shall be paid with 
assessments from the handlers regulated under the marketing order to be 
amended or on signatories to the marketing agreement subject to 
amendment. Such assessments may supplement funds for costs associated 
with, but not limited to, court reporters, hearing examiners, legal 
counsel, hearing venue and associated travel for USDA officials.

[[Page 20]]



Sec. 900.43  Use of informal rulemaking.

    (a) Notwithstanding the provisions of Sec. Sec. 900.1 through 
900.18, and 900.36 through 900.42 of this part, the Secretary may 
determine that informal rulemaking procedures under Sec. 553 of Title 
5, United States Code be used to amend fruit, vegetable or nut marketing 
agreements and marketing orders. In making this determination, 
consideration shall be given to:
    (1) The nature and complexity of the proposal;
    (2) The potential regulatory and economic impacts on affected 
entities; and
    (3) Any other relevant matters.



 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), 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

[[Page 21]]

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 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

[[Page 22]]

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.



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

[[Page 23]]

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 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.

[[Page 24]]

    (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 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

[[Page 25]]

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 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

[[Page 26]]

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 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.

[[Page 27]]

    (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 
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

[[Page 28]]

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 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

[[Page 29]]

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.
    (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

[[Page 30]]

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 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.

[[Page 31]]

    (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:
    (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.

[[Page 32]]



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 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

[[Page 33]]

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 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 Sec. Sec. 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.

[[Page 34]]

    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;
    (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

[[Page 35]]

producing the same consents to its examination by the other parties to 
the dispute.
    (e) No evidence offered by one party shall be received 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.



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;

[[Page 36]]

    (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 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.

[[Page 37]]

    (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 the amount specified at 
Sec. 3.91(b)(1) (viii) of this title 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.)

[25 FR 5907, June 28, 1960, as amended at 75 FR 17560, Apr. 7, 2010]



    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 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.

[[Page 38]]

    (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 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

[[Page 39]]

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:
    (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

[[Page 40]]

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 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

[[Page 41]]

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 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.

[[Page 42]]



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.
    (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

[[Page 43]]

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 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

[[Page 44]]

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 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;

[[Page 45]]

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]



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 with 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

[[Page 46]]

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
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]



                    Subpart_Assessment of Exemptions



Sec. 900.700  Exemption from assessments.

    (a) This section specifies criteria for identifying persons eligible 
to obtain an assessment exemption for marketing promotion, and 
procedures for applying for an exemption under 7 CFR parts 906, 915, 
916, 917, 922, 923, 924, 925, 927, 929, 930, 931, 932, 947, 948, 955, 
956, 958, 959, 966, 979, 981, 982, 984, 985, 987, 989, 993, and such 
other parts (included in 7 CFR parts 905 through 998) covering marketing 
orders for fruits, vegetables, and specialty crops as may be established 
or amended to include market promotion. For the purposes of this 
section, the term ``assessment period'' means fiscal period, fiscal 
year, crop year, or marketing year as defined under these parts; the 
term ``marketing promotion'' means marketing research and development 
projects, and marketing promotion, including paid advertising, designed 
to assist, improve, or promote the marketing, distribution, and 
consumption of the applicable commodity.
    (b) Any handler who operates under an approved National Organic 
Program (7 CFR part 205)(NOP) process system plan, only handles or 
markets organic products that are eligible to be labeled 100 percent 
organic under the NOP, and are produced on a certified organic farm as 
defined in Sec. 2103 of the Organic Foods Production Act of 1990 (7 
U.S.C.

[[Page 47]]

6502) and the NOP regulations issued under that Act, is not a split 
operation, and is subject to assessments under a part or parts specified 
in paragraph (a) of this section, shall be exempt from the portion of 
the assessment applicable to marketing promotion, including paid 
advertising. Any handler so exempted shall be obligated to pay the 
portion of the assessment for other authorized activities under such 
part or parts.
    (c) To be exempt from paying assessments for these purposes under a 
part or parts, the handler shall submit an application to the committee 
or board established under the applicable part or parts prior to or 
during the assessment period. This application, FV-649, ``Certified 
Organic Handler Application for Exemption from Market Promotion 
Assessments Paid Under Federal Marketing Orders,'' shall include: The 
applicable committee or board and Federal marketing order number; the 
date; handler's name; company name and address; telephone and fax 
numbers; an optional e-mail address; certification that the applicant is 
not a split operation, as defined by the Organic Foods Production Act of 
1990 (OFPA) (7 U.S.C. 6502) and the NOP; certification that the 
applicant only handles and markets organic products eligible to be 
labeled 100 percent organic under the NOP, and that the applicant is 
subject to assessments under the Federal marketing order program for 
which the exemption is requested. The applicant shall list all 
commodities handled or marketed. The applicant shall list the number of 
producers for whom they handle or market. The applicant shall attach a 
copy of their organic handler operation certificate and all applicable 
producer certificates provided by a USDA-accredited certifying agent 
under the OFPA and the NOP. The applicant shall certify that the handler 
meets all of the applicable requirements for an assessment exemption as 
provided in this section. The handler shall file the application with 
the committee or board, prior to or during the applicable assessment 
period, and annually thereafter, as long as the handler continues to be 
eligible for the exemption. If the person complies with the requirements 
of this section and is eligible for an assessment exemption, the 
committee or board will approve the exemption and notify the applicant, 
in writing, within the applicable timeframe as follows: For exemption 
requests received on or before August 15, 2005, the committee or board 
will have 60 days to approve the exemption request; after August 15, 
2005, the committee or board will have 30 days to approve the exemption 
request. If the application is disapproved, the committee or board will 
notify the applicant, in writing, of the reason(s) for disapproval 
within the same timeframes.
    (d) The applicable assessment rate for any handler approved for an 
exemption shall be computed by dividing the committee's or board's 
estimated non-marketing promotion expenditures by the committee's or 
board's estimated total expenditures approved by the Secretary and 
applying that percentage to the assessment rate applicable to all 
persons for the assessment period. The committee's or board's estimated 
non-marketing promotion expenditures shall exclude the direct costs of 
marketing promotion and the portion of committee's or board's 
administrative and overhead costs (e.g., salaries, supplies, printing, 
equipment, rent, contractual expenses, and other applicable costs) to 
support and administer the marketing promotion activities. If a 
committee or board does not plan to conduct any market promotion 
activities in a fiscal year, the committee or board may submit a 
certification to that effect to the Secretary, and as long as no 
assessments for such fiscal year are used for marketing promotion 
projects, or the administration of projects funded by a previous fiscal 
period's assessments, the committee or board may assess all handlers, 
regardless of their organic status, the full assessment rate applicable 
to the assessment period. For each assessment period, the Secretary 
shall review the portion of the assessment rate applicable to marketing 
promotion for persons eligible for an exemption and, if appropriate, 
approve the assessment rate.
    (e) When the requirements of this section for exemption no longer 
apply to a handler, the handler shall inform the committee or board 
within 30 days

[[Page 48]]

and pay the full assessment on all remaining assessable product for all 
committee or board assessments from the date the handler no longer is 
eligible to the end of the assessment period.
    (f) Within 30 days following the applicable assessment period, the 
committee or board shall re-compute the applicable assessment rate for 
handlers exempt under this section based on the actual expenditures 
incurred during the applicable assessment period. The Secretary shall 
review, and if appropriate, approve any change in the portion of the 
assessment rate for market promotion applicable to exempt handlers, and 
authorize adjustments for any overpayments.
    (g) The exemption will apply at the beginning of the next assessable 
period following notification of approval of the assessment exemption, 
in writing, by the committee or board.

[70 FR 2770, Jan. 14, 2005]



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.
905.54 Marketing, research and development.

                            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.

[[Page 49]]

905.163 Reports of shipments under repacking certificate of privilege.

                        Subpart_Assessment Rates

905.235 Assessment rate.

                   Subpart_Grade and Size Requirements

905.306 Orange, Grapefruit, Tangerine and Tangelo Regulation.
905.350 [Reserved]

                       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

[[Page 50]]

fresh form, or causes fruit to be handled.



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 51]]



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 further redesignated at 42 FR 59368, Nov. 17, 1977, as 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 further redesignated at 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 
(Sec. Sec. 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 Sec. Sec. 905.22 and 905.23.

[42 FR 59369, Nov. 17, 1977]

[[Page 52]]



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 
or she 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 or she is a producer. At least two 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 two members and their alternates shall be 
made by bona fide cooperative marketing organizations which are 
handlers. Nominations for not more than six members and their alternates 
shall be made by handlers who are not so affiliated. In voting for 
nominees, each handler or his or her 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, as amended at 74 FR 46306, Sept. 9, 2009]



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 Districts 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 two 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 two 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.

[74 FR 46306, Sept. 9, 2009]

[[Page 53]]



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 Sec. Sec. 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, 
as 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, 
as 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) If both a member and his or her respective alternate are unable 
to attend a committee meeting, such member may designate another 
alternate to act in his or her place in order to obtain a quorum: 
Provided, That such alternate member represents the same group 
affiliation as the absent member. If the member is unable to designate 
such an alternate, the committee members present may designate such 
alternate.
    (c) 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, 
as amended at 42 FR 59370, Nov. 17, 1977; 74 FR 46306, Sept. 9, 2009]



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, 
as 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

[[Page 54]]

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 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, 
as 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 provide for meeting by telephone, telegraph, 
or other means of communication, and any vote cast at such a meeting 
shall be promptly confirmed in writing: Provided, That if any assembled 
meeting is held, all votes shall be cast in person.
    (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, as amended at 74 FR 46306, Sept. 9, 2009]



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, 
as 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,

[[Page 55]]

and claims vested in such member pursuant to this subpart.

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

                        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, 
as 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, 
as 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, 
as amended at 34 FR 12427, July 30, 1969; 42 FR 59371, Nov. 17, 1977]

[[Page 56]]

                               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 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, 
as 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

[[Page 57]]

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 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, 
as 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 58]]

    (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, 
as amended at 42 FR 59371, Nov. 17, 1977]



Sec. 905.54  Marketing, research and development.

    The committee may, with the approval of the Secretary, establish, or 
provide for the establishment of, projects including production 
research, marketing research and development projects, and marketing 
promotion including paid advertising, designed to assist, improve, or 
promote the marketing, distribution, and consumption or efficient 
production of fruit. The expenses of such projects shall be paid by 
funds collected pursuant to Sec. 905.41. Upon conclusion of each 
project, but at least annually, the committee shall summarize the 
program status and accomplishments to its members and the Secretary. A 
similar report to the committee shall be required of any contracting 
party on any project carried out under this section. Also, for each 
project, the contracting party shall be required to maintain records of 
money received and expenditures, and such shall be available to the 
committee and the Secretary.

[74 FR 46306, Sept. 9, 2009]

                            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, 
as 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 Sec. Sec. 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, 
as amended at 42 FR 59371, Nov. 17, 1977]

[[Page 59]]



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 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, 
as 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, 
as 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

[[Page 60]]

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, 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, 
as 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

[[Page 61]]

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.
    (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 Sec. Sec. 
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 Sec. Sec. 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 Sec. Sec. 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

[[Page 62]]

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 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 Sec. Sec. 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.

[[Page 63]]

    (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 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

[[Page 64]]

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 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 the end of the 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 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 Sec. Sec. 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 3,000 boxes per variety per season.
    (3) 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.
    (4) 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.

[[Page 65]]

    (5) Each container of tree run fruit shipped under a Grower Tree Run 
Certificate shall be labeled with or contain the name and address of the 
grower shipping under the Grower Tree Run Certificate.

[67 FR 62313, Oct. 7, 2002, as amended at 68 FR 52329, Sept. 3, 2003; 69 
FR 50269, Aug. 16, 2004]



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 hereby established as an average week within the 
immediately preceding three seasons. Each handler's average week shall 
be computed by adding the total volume of red seedless grapefruit 
handled in the immediately preceding three seasons and dividing the 
total by 99. The average week for handlers with less than three 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. If crop conditions limit 
shipments from any or all of the immediately preceding three season(s), 
the committee may use a prior season or seasons for the purposes of 
calculating an average week. 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 the last week 
of regulation. 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

[[Page 66]]

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; 69 FR 50278, Aug. 16, 
2004; 70 FR 54242, Sept. 14, 2005]



Sec. 905.161  Repacking shipper.

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

[[Page 67]]

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 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, 2007, an assessment rate of $0.0072 per 4/5 
bushel carton or equivalent is established for Florida citrus covered 
under the order.

[72 FR 41425, July 31, 2007]

[[Page 68]]



                   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.............  August 1 June 14...........  U.S. No. 1.................      2\8/16\
                                           June 15 July 31............  U.S. No. 2, External.......      2\8/16\
                                                                        U.S. No. 1, Internal.......
                Grapefruit
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\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 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
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.

[[Page 69]]

 
                 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 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)(1) 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.
    (2) Notwithstanding the provision of paragraph (e)(1) of this 
section, for the period December 23, 2004 to July 31, 2005, all 
grapefruit shipped under the order shall meet minimum maturity 
requirements of 7.5 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 at www.fdsys.gov.

    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 at www.fdsys.gov.

[[Page 70]]



Sec. 905.350  [Reserved]



                       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 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.

[[Page 71]]



                    Subpart_Order Regulating Handling

    Source: 25 FR 9093, Sept. 22, 1960, unless otherwise noted. 
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 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 (Sec. Sec. 51.680 through 
51.714 and Sec. Sec. 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.

[[Page 72]]



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.

                                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, 
as 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

[[Page 73]]

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 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

[[Page 74]]

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 Sec. Sec. 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.



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 Sec. Sec. 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

[[Page 75]]

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;
    (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.

[[Page 76]]

    (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 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, 
as 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

[[Page 77]]

    (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 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 Sec. Sec. 
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 
Sec. Sec. 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

[[Page 78]]

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 Sec. Sec. 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 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 Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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;

[[Page 79]]

    (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 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

[[Page 80]]

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.
    (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 Sec. Sec. 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.

[[Page 81]]

    (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 Sec. Sec. 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 Sec. Sec. 
906.34, 906.40, and 906.45 and the regulations issued thereunder: 
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, 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

[[Page 82]]

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 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; 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, 
as 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; 70 FR 51578, Aug. 31, 
2005]



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:

[[Page 83]]

    (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 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 51.653) and in the U.S. Standards for 
Oranges (Texas and States other than Florida, California, and Arizona) 
(7 CFR 51.680 through 51.714).

[33 FR 14069, Sept. 17, 1968, as amended at 53 FR 40398, Oct. 17, 1988; 
53 FR 50916, Dec. 19, 1988; 70 FR 51578, Aug. 31, 2005]



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;

[[Page 84]]

    (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]

    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 at www.fdsys.gov.



Sec. 906.235  Assessment rate.

    On and after August 1, 2004, an assessment rate of $0.12 per \7/10\-
bushel carton or equivalent is established for oranges and grapefruit 
grown in the Lower Rio Grande Valley in Texas.

[69 FR 45233, July 29, 2004]



                 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\x 10\1/2\ x 7\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\ x 10\3/4\ x 9\1/2\ inches;
    (iii) Closed fiberboard carton with inside dimensions of 20 x 13\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: And Provided 
further, That the container may be used to pack any poly or mesh bags 
authorized in this section;
    (iv) Poly or mesh bags having a capacity of four, five, eight, ten, 
or 18 pounds of fruit: Provided, That only oranges are to be packed in 
the four-pound bag.
    (v) Rectangular or octagonal bulk fiberboard crib with approximate 
dimensions of 46 to 47\1/2\ inches in length, 37 to 38 inches in width, 
and 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: And Provided further, That the container 
may be used to pack any poly or mesh bags authorized in this section, or 
bulk fruit.
    (vi) Rectangular or octagonal \2/3\ fiberboard crib with approximate 
dimensions of 46 to 47\1/2\ inches in length, 37 to 38 inches in width, 
and 24 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: And Provided further, That the container may 
be used to pack any poly or mesh bags authorized in this section, or 
bulk fruit.
    (vii) Octagonal fiberboard crib with approximate dimensions of 46 to 
47\1/2\ inches in width, 37 to 38 inches in depth, and 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: And Provided further, That the crib may be used to pack 
any poly or mesh bags authorized in this section, or bulk fruit.
    (viii) Fiberboard box holding two layers of fruit, with approximate 
dimensions of 23 inches in length, 15\1/2\ inches in width, and 7 inches 
in depth;
    (ix) Fiberboard box with approximate dimensions of 15 inches in 
length, 11 inches in width, and 7\1/2\ inches in depth;
    (x) Fiberboard box with approximate dimensions of 25\3/4\ inches in 
length, 15

[[Page 85]]

inches in width, and 8\3/8\ to 10\1/2\ inches in depth;
    (xi) Reusable collapsible plastic container with approximate 
dimensions of 23 inches in length, 15 inches in width, and 7 to 11 
inches in depth;
    (xii) Reusable collapsible plastic container with approximate 
dimensions of 14\1/4\ x 10\3/4\ x 6\3/4\ inches;
    (xiii) Reusable collapsible plastic bin with approximate dimensions 
of 36\3/4\ x 44\3/4\ x 27 inches;
    (xiv) Octagonal bulk triple wall fiberboard crib with approximate 
dimensions of 37\3/4\ inches in length, 25 inches in width, and 25 
inches in height: Provided, That the container has a Mullen or Cady test 
of at least 1,100 pounds: And Provided further, That the container may 
be used to pack any poly or mesh bags authorized in this section, or 
bulk fruit;
    (xv) Closed fiberboard carton with approximate dimensions of 16\1/2\ 
inches in length, 10\3/4\ inches in width, and 6\15/16\ inches in 
height: Provided, That the container has a Mullen or Cady test of at 
least 200 pounds;
    (xvi) 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 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 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 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: 
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

[[Page 86]]

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 51.653); 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 
Finding Aids section of the printed volume and at www.fdsys.gov.



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 915_AVOCADOS GROWN IN SOUTH FLORIDA--Table of Contents



                    Subpart_Order Regulating Handling

                               Definitions

Sec.
915.1 Secretary.
915.2 Act.

[[Page 87]]

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.
915.43 Contributions.

                        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

[[Page 88]]

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.



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 Miami-Dade County.
    (b) District 2 shall include all of the production area except 
Miami-Dade County.

[19 FR 3439, June 11, 1954, unless otherwise noted. Redesignated at 26 
FR 12751, Dec. 30, 1961 as amended at 73 FR 6837, Feb. 6, 2008]



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

[[Page 89]]

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 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, 
as 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 in Districts 1 and 2 
by mail 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 March 1 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, as amended at 40 FR 52605, 
Nov. 11, 1975; 40 FR 59719, Dec. 30, 1975; 52 FR 7118, Mar. 9, 1987; 73 
FR 6837, Feb. 6, 2008]

[[Page 90]]



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 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 Sec. Sec. 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, 
as 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;

[[Page 91]]

    (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 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 
change, a quorum of seven committee members and a two-thirds majority 
vote of approval of those in attendance is required.

[19 FR 3439, June 11, 1954, as amended at 22 FR 3513, May 21, 1957. 
Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 43 FR 39322, 
Sept. 5, 1978; 73 FR 6837, Feb. 6, 2008]



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

[[Page 92]]

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, 
as amended at 35 FR 16627, Oct. 27, 1970]



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, or borrow money on an emergency 
short-term basis. The authority of the committee to borrow money is 
subject to approval of the Secretary and may be used only to meet 
financial obligations as the obligations occur or to allow the committee 
to adjust its reserve funds to meet such obligations.

[19 FR 3439, June 11, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 35 FR 16627, Oct. 27, 1970; 40 FR 52605, Nov. 11, 1975; 43 
FR 39323, Sept. 5, 1978; 73 FR 6837, Feb. 6, 2008]



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

[[Page 93]]

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.

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



Sec. 915.43  Contributions.

    The committee may accept voluntary contributions. Such contributions 
shall be free from any encumbrances by the donor and the committee shall 
retain complete control of their use.

[73 FR 6837, Feb. 6, 2008]

                        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 products 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, or from such other funds as approved by the USDA.

[73 FR 6837, Feb. 6, 2008]



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

[[Page 94]]

    (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:
    (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, as 
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

[[Page 95]]

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 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 Sec. Sec. 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.

[[Page 96]]

                        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 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, 
as 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

[[Page 97]]

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.



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

[[Page 98]]

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 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, as 
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

[[Page 99]]

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, 
as amended at 49 FR 33203, Aug. 22, 1984]



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 
Sec. Sec. 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 
Sec. Sec. 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 Sec. Sec. 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, 
as 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,

[[Page 100]]

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.
    (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 Sec. Sec. 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.

[[Page 101]]

    (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.
    (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.
    (e) At the time of inspection, each handler shall provide to the 
Federal-State Inspection Service the quantity and size of containers 
being packed and inspected for the fresh avocado market. In addition, 
each handler shall provide the number of avocados packed per container 
(count per container).

[21 FR 6695, Sept. 6, 1956, as amended at 21 FR 7368, Sept. 27, 1956. 
Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 53 FR 1743, 
Jan. 22, 1988; 70 FR 36470, June 24, 2005]

    Effective Date Notes: 1. At 61 FR 17552, Apr. 22, 1996, in Sec. 
915.150, paragraph (d) was suspended indefinitely.
    2. At 71 FR 76899, Dec. 22, 2006, in Sec. 915.150, paragraphs (b), 
(c), and (d) were suspended indefinitely, effective Dec. 26, 2006.



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 at www.fdsys.gov.



                            Assessment Rates



Sec. 915.235  Assessment rate.

    On and after April 1, 2010, an assessment rate of
    $0.37 per 55-pound container or equivalent is established for 
avocados grown in South Florida.

[75 FR 55944, Sept. 15, 2010]

[[Page 102]]



                 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 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.
    (c) No handler shall handle any avocados for the fresh market in 20 
bushel plastic field bins to destinations inside the production area.
    (d) Avocados handled for the fresh market in containers other than 
those authorized under Sec. 915.305(a) and shipped to destinations 
within the production area must be packed in 1-bushel containers.
    (e) All containers in which the avocados are packed must be new, and 
clean in appearance, without marks, stains, or other evidence of 
previous use.

[63 FR 37480, July 13, 1998, as amended at 64 FR 69383, Dec. 13, 1999; 
65 FR 15205, Mar. 22, 2000; 70 FR 36470, June 24, 2005; 73 FR 66719, 
Nov. 12, 2008]



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

[[Page 103]]

destinations within the production area may be placed in containers with 
avocados of dissimilar varietal characteristics.
    (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, except for those to export destinations, are marked once with 
the grade of fruit in letters and numbers at least 1 inch in height on 
the top or one side of the container, not to include the bottom.
    (7) Such avocados when handled in containers other than those 
authorized under Sec. 915.305(a) for shipment to destinations within 
the production area are marked once with the grade of fruit in letters 
and numbers at least 3 inches in height on the top or one side of the 
container, not to include the bottom. Each such container is also to be 
marked at least once with either the registered handler number assigned 
to the handler at the time of certification as a registered handler or 
with the name and address of the handler.
    (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; 73 FR 
66719, Nov. 12, 2008]



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

[[Page 104]]

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
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\  ........  ......  ........       1-09
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.


[[Page 105]]

    (3) Avocados which fail to meet the maturity requirements specified 
in this section must be maintained under the supervision of the Federal 
or Federal-State Inspection Service using the Positive Lot 
Identification program, and when presented for reinspection, must meet 
the maturity requirements which correspond to the date of the original 
inspection.
    (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; 71 
FR 11294, Mar. 7, 2006; 73 FR 26945, May 12, 2008]



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.
916.16 Pure grower or pure producer.

                           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.
916.27 Alternate members.
916.30 Powers.
916.31 Duties.
916.32 Procedure.
916.33 Expenses and compensation.
916.34 Annual report.

                        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

916.110 Exemptions.
916.115 Lot stamping.

                        Subpart_Assessment Rates

916.234 Assessment rate.
916.235 Delinquent assessments.

                  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

[[Page 106]]

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: (a) All varieties of nectarines grown in the 
production area; and
    (b) Hybrids grown in the production area that exhibit the 
characteristics of a nectarine and are subject to cultural practices 
common to nectarines, as recommended by the committee and approved by 
the Secretary.

[71 FR 41350, July 21, 2006]



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.



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 market in fresh form, and who has a proprietary interest 
therein. Employees of growers and officers of corporations actively 
engaged in growing nectarines are eligible to serve in grower positions 
on the committee.

[71 FR 41350, July 21, 2006]



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 pack, sell, consign, 
deliver, or transport nectarines, or to cause nectarines to be packed, 
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.

[71 FR 41350, July 21, 2006]



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 and Fresno.
    (b) District 2 shall include the counties of Kings and Tulare.
    (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, as amended at 71 FR 41350, July 21, 2006]



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.

[[Page 107]]



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 April 1 and ending on 
November 30 of any year.

[71 FR 41350, July 21, 2006]



Sec. 916.16  Pure grower or pure producer.

    (a) Pure grower means any grower:
    (1) Who produces his or her own product (and is not an employee or 
officer of a packing business); or
    (2) Who produces and handles his or her own product; Provided, That 
a pure grower can pack the production of other growers as long as the 
production packed does not exceed 25 percent of the total production 
packed for that marketing year for that pure grower's packing facility. 
Pure grower is synonymous with pure producer.
    (b) The committee may establish, with the approval of the Secretary, 
rules and regulations for the implementation and operation of this 
section.

[71 FR 41350, July 21, 2006]

                           Administrative Body



Sec. 916.20  Establishment and membership.

    There is hereby established a Nectarine Administrative Committee 
consisting of thirteen members, each of whom shall have an alternate who 
shall have the same qualifications as the member for whom he/she is an 
alternate. The members and their alternates shall be growers or 
authorized employees of growers. Six of the members and their respective 
alternates shall be growers of nectarines in District 1. Four members 
and their respective alternates shall be growers of nectarines in 
District 2; two of the members and their respective alternates shall be 
growers of nectarines in District 3; and one member and his/her 
alternate shall be growers of nectarines in District 4; Provided, That 
at least 50% of the nominees from each representation area shall be pure 
growers. Furthermore, no person shall serve more than three consecutive 
two-year terms of office or a total of six consecutive years; Provided 
further, That an appointment to fill less than a two year term of 
office, or serving one term as an alternate, shall not be included in 
determining the three consecutive terms of office; Provided further, 
That time served prior to the effective date of this section shall not 
be counted toward consecutive term limits.

[71 FR 41350, July 21, 2006]



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 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 appoint a nominating 
committee, which will hold or cause to be held, not later than January 
31 of each odd numbered year, a nomination

[[Page 108]]

procedure or a meeting or meetings of growers in each district for the 
purpose of designating nominees for successor members and alternate 
members of the committee. Meetings may be supervised by the nominating 
committee that shall prescribe such procedure as shall be reasonable and 
fair to all persons concerned. After the nomination procedure or 
meetings have concluded, the nominating committee by February 15 will 
verify consent to place the nominee's name on the ballot and will cause 
a ballot listing all of the nominees for a given district to be mailed 
to all growers within the district. Members and their alternates will be 
chosen based on a descending ranking of votes received. Once ballots 
have been tabulated, the Nectarine Administrative Committee will 
announce to the growers the nominees that have been selected and 
recommended to the Secretary.
    (2) Nominations may only be by growers, or by duly authorized 
employees. At meetings, only growers who are present at such nomination 
meetings may participate in the nomination of nominees for members and 
their alternates. All known growers will then receive a ballot for the 
nominees in the district in which they produce and are entitled to vote 
accordingly. A grower who produces in multiple districts is allowed to 
vote only in one district, and may exchange his/her ballot for that of 
the nominees in another district provided the grower is producing in the 
district for which he/she wants to participate. Employees of such grower 
shall be eligible for membership as principal or alternate to fill only 
one position on the committee.
    (3) A particular grower, including authorized 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, 
as amended at 31 FR 8176, June 10, 1966; 36 FR 9290, May 22, 1971; 71 FR 
41350, July 21, 2006]



Sec. 916.23  Selection.

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

[23 FR 4616, June 25, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961, 
as amended at 72 FR 7821, Feb. 21, 2007]



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.

    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.

[71 FR 41351, July 21, 2006]



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 Sec. Sec. 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

[[Page 109]]

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 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, 
as 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) Nine 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 Sec. Sec. 916.50 to 916.55, 
shall require at least nine concurring votes.
    (b) The committee may vote by telephone, telegraph, or other means 
of communication, such as facsimile, 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. A videoconference shall be 
considered an assembled meeting and all votes shall be considered as 
cast in person.

[71 FR 41351, July 21, 2006]



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

[[Page 110]]

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]



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.

                        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 may accept the payment of assessments in 
advance, and may also borrow money for such purposes. Furthermore, 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 as recommended by the committee and approved by the Secretary. 
Subsequent to such approval, all assessments not paid within the 
prescribed period of time shall be subject to an interest or late 
payment charge or both.

[23 FR 4616, June 25, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961 
as amended at 71 FR 41351, July 21, 2006]



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

[[Page 111]]

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
    (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

[[Page 112]]

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 Sec. Sec. 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 
Sec. Sec. 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 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)

[[Page 113]]

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 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

[[Page 114]]

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, 
as 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 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

[[Page 115]]

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. 916.110  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 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 
Sec. Sec. 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

[[Page 116]]

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 
Sec. Sec. 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 marked ``CA 
WELL MAT'' or ``California Well Matured'', 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 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.

[72 FR 18853, Apr. 16, 2007]

    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 at www.fdsys.gov.



                        Subpart_Assessment Rates



Sec. 916.234  Assessment rate.

    On and after March 1, 2010, an assessment rate of $0.0280 per 25-
pound container or container equivalent of nectarines is established for 
California nectarines.

[75 FR 31279, June 3, 2010]



Sec. 916.235  Delinquent assessments.

    (a) The Nectarine Administrative Committee shall impose a late 
payment charge on any assessment that has not been received in the 
Nectarine Administrative Committee's office, or legibly postmarked by 
the U.S. Postal Service, within 60 days of the invoice date shown on the 
handler's assessment statement. The late payment charge shall be 10 
percent of the unpaid balance.
    (b) In addition to that specified in paragraph (a) of this section, 
the Nectarine Administrative Committee shall impose an interest charge 
on any assessment payment that has not been received in the committee's 
office, or legibly postmarked by the U.S. Postal Service, within 60 days 
of the invoice date. The interest charge shall be 1.5 percent per month 
and 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 60 day payment 
period.

[72 FR 25947, May 8, 2007]



                  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 
marked ``CA WELL MAT'' or ``California Well Matured'' 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

[[Page 117]]

packages, individual consumer packages, and five down Euro 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.''
    (3) Each package or container of nectarines bearing the words 
``California Well Matured'' or ``CA WELL MAT'' shall be 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 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 (Except
     Peento Type Nectarines) Packed in Loose-Filled or Tight-Filled
                               Containers
------------------------------------------------------------------------
                                                            Column B--
                                                          Maximum number
                                                           of nectarines
                                                           in a 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),
                                                            (a)(7)(ii),
                                                          and (a)(8)(ii)
                                                              of Sec.
                                                              916.356
------------------------------------------------------------------------
108.....................................................             100
96......................................................              90
88......................................................              84
84......................................................              78
80......................................................              75
72......................................................              68
70......................................................              63
64......................................................              57
60......................................................              53
56......................................................              48
54......................................................              45
50......................................................              42
48......................................................              41
44......................................................              36
42......................................................              34
40......................................................              32
36......................................................              29

[[Page 118]]

 
34......................................................              27
32......................................................              25
30......................................................              23
------------------------------------------------------------------------


 Table 2--Weight-Count Standards for All Varieties of Nectarines (Except
     Peento Type Nectarines) Packed in Loose-Filled or Tight-Filled
                               Containers
------------------------------------------------------------------------
                                                            Column B--
                                                          Maximum Number
                                                           of nectarines
                                                           in a 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......................................................              80
84......................................................              76
80......................................................              72
72......................................................              65
70......................................................              62
64......................................................              56
60......................................................              53
56......................................................              47
54......................................................              45
50......................................................              42
48......................................................              41
44......................................................              36
42......................................................              34
40......................................................              32
36......................................................              29
34......................................................              27
32......................................................              25
30......................................................              23
------------------------------------------------------------------------


  Table 3--Weight-Count Standards for Peento Type Nectarines Packed in
                 Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
                                                            Column B--
                                                          maximum number
                                                           of nectarines
          Column A--tray pack size designation             in a 16-pound
                                                              sample
 
------------------------------------------------------------------------
80......................................................             140
72......................................................             128
70......................................................             111
64......................................................              99
60......................................................              93
56......................................................              87
54......................................................              80
50......................................................              77
48......................................................              74
44......................................................              70
42......................................................              68
40......................................................              59
36......................................................              53
34......................................................              50
32......................................................              39
30......................................................              32
------------------------------------------------------------------------

    (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 bulk bin container of loose-filled nectarines shall contain 
not less than 100 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.
    (9) 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.

[[Page 119]]

    (ii) The name and address (including zip code) of the shipper.
    (10) 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 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 Grade 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\ x 11\1/2\ x 16\1/8\ inches, a No. 22D standard lug box measures 
2\7/8\ to 7\1/8\ x 13\1/2\ x 16\1/8\ inches, a No. 22E standard lug box 
measures 8\3/4\ x 13\1/2\ x 16\1/8\ inches, a No. 22G standard lug box 
measures 7\3/8\ to 7\1/2\ x 13\1/4\ x 15\7/8\ inches, a No. 32 standard 
box measures 5\3/4\ to 7\1/4\ x 12 x 19\3/4\ inches, a No. 35 standard 
box measures 3\1/2\ to 7\15/16\ x 15\9/16\ to 15\13/16\ x 23\1/4\ to 
23\3/4\ inches, and a No. 36 standard box measures 5 to 6\1/2\ x 13\1/4\ 
x 17\1/4\ inches. All dimensions are given in depth (inside dimensions) 
by width and 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 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 1 through October 31, 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]

    Editorial Note: For Federal Register citations affecting Sec. 
916.350, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                    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 any package or container of any variety of nectarines 
marked ``CA WELL MAT'' or ``California Well Matured'' except in 
accordance with the following terms and conditions:
    (1) Any lot or package or container of any variety of nectarines 
shall 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-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 
nectarines of the Peento type shall be permitted blossom end cracking 
that is well healed and does not exceed the aggregate area of a circle 
\3/8\ inch in diameter, and/or does not exceed a depth that exposes the 
pit: Provided further, That 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 well mature and are:

[[Page 120]]

    (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
Alta Red...................................  J
April Glo..................................  H
August Fire................................  L
August Glo.................................  L
August Lion................................  J
August Red.................................  J
Aurelio Grand..............................  F
Autumn Delight.............................  L
Big Jim....................................  J
Burnectone (Spring Ray[reg])...............  L
Burnectseven (Summer Flare[reg] 28)........  J
Burnectten (Spring Flare[reg] 19)..........  H
Burnecttwelve (Sweet Flare[reg] 21)........  I
Candy Gold.................................  L
Crimson Baby...............................  G
Diamond Bright.............................  J
Diamond Jewel..............................  L
Diamond Ray................................  L
Earliglo...................................  I
Early Diamond..............................  J
Early Red Jim..............................  J
Early Sungrand.............................  H
Emelia.....................................  J
Fairlane...................................  L
Fantasia...................................  J
Firebrite..................................  H
Fire Sweet.................................  J
Flame Glo..................................  L
Flamekist..................................  L
Flaming Red................................  K
Flavortop..................................  J
Gee Sweet..................................  L
Grand Candy................................  J
Grand Diamond..............................  L
Grand Sweet................................  J
Gran Sun...................................  L
Honey Blaze................................  J
Honey Dew..................................  B *
Honey Fire.................................  L
Honey Kist.................................  I
Honey Royale...............................  J
July Red...................................  L
June Brite.................................  I
June Candy.................................  K
Juneglo....................................  H
Kay Diamond................................  L
Kay Glo....................................  J
Kay Sweet..................................  J
King Jim...................................  L
Kism Grand.................................  J
Larry's Red................................  J
Late Le Grand..............................  L
Late Red Jim...............................  J
Mango......................................  B *
May Diamond................................  I
May Fire...................................  H
Mayglo.....................................  H
May Grand..................................  H
May Kist...................................  H
Mid Glo....................................  L
Moon Grand.................................  L
Niagra Grand...............................  H
P-R Red....................................  L
Prince Jim.................................  L
Prince Jim I...............................  L
Prima Diamond VII..........................  L
Prima Diamond XIII.........................  L

[[Page 121]]

 
Prima Diamond XIX..........................  L
Red Delight................................  I
Red Diamond................................  L
Red Fred...................................  J
Red Free...................................  L
Red Glen...................................  J
Red Glo....................................  I
Red Jewel..................................  L
Red Jim....................................  L
Red May....................................  J
Red Roy....................................  J
Regal Red..................................  K
Rio Red....................................  L
Rose Diamond...............................  J
Royal Giant................................  I
Royal Glo..................................  I
Ruby Diamond...............................  L
Ruby Fire..................................  G
Ruby Grand.................................  J
Ruby Sun...................................  J
Ruby Sweet.................................  J
Scarlet Red................................  K
September Bright...........................  J
September Free.............................  J
September Grand............................  L
September Red..............................  L
Shay Sweet.................................  J
Sheri Red..................................  J
Sparkling June.............................  L
Sparkling May..............................  J
Sparkling Red..............................  L
Spring Bright..............................  L
Spring Diamond.............................  L
Spring Red.................................  H
Spring Sweet...............................  J
Star Brite.................................  J
Sugar Queen................................  L
Summer Beaut...............................  H
Summer Blush...............................  J
Summer Bright..............................  J
Summer Diamond.............................  L
Summer Fire................................  L
Summer Grand...............................  L
Summer Jewel...............................  L
Summer Lion................................  L
Summer Red.................................  L
Sunburst...................................  J
Sun Diamond................................  I
Sunecteight (Super Star)...................  G
Sun Grand..................................  G
Sunny Red..................................  J
Tom Grand..................................  L
WF 1.......................................  J
Zee Fire...................................  J
Zee Glo....................................  J
Zee Grand..................................  I
------------------------------------------------------------------------
* Predominant ground color must be breaking yellowish green.

    Note: Consult with the Federal or Federal-State Inspection Service 
Supervisor for the maturity guides applicable to the varieties not 
listed above. On varieties with less than 10 percent surface ground 
color required to determine California Well-Matured, the stem cavity 
color will be utilized to make the determination. As a guide, stem 
cavities for most varieties should be at least yellowish-green as 
defined by the H maturity guide. Confirmation may be further established 
by using other California well matured characteristics. *Predominant 
ground color must be breaking yellowish green.
    (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 April 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 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, except for Peento-type 
nectarines.
    (3) Any package or container of Burnectfive (Spring 
Flare[reg] 21), Burnectten (Spring Flare[reg] 19), 
Crimson Baby, Earliglo, Honey May, May Pearl\TM\, Polar Ice, Polar 
Light, Red Jewel or Zee Fire 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, except for Peento-type nectarines.
    (4) Any package or container of Arctic Star, Burnectone (Spring 
Ray[reg]), Burnecttwelve (Sweet Flair[reg] 21), 
Burnectthirteen (Snow Flare[reg] 22), Burnectfourteen (Snow 
Flare[reg] 21), Diamond Bright, Diamond Pearl, Gee Sweet, 
Honey Lite, June Pearl, June Sweet, Kay Diamond, Kay Fire, Kay Glo, Kay 
Sweet, Prima Diamond IV,

[[Page 122]]

Prima Diamond VI, Prima Diamond XIII, Prince Jim, Prince Jim 1, Red Roy, 
Rose Bright, Rose Diamond, Royal Glo, 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 84 nectarines, except for Peento-type nectarines.
    (5) Any package or container of Mango 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, except for Peento-type nectarines.
    (6) Any package or container of 15G225, 225LP242, Arctic Belle, 
Arctic Blaze, Arctic Ice, Arctic Jay, Arctic Mist, Arctic Pride, Arctic 
Queen, Arctic Snow (White Jewel), Arctic Sweet, August Bright, August 
Fire, August Glo, August Lion, August Pearl, August Red, August Sweet, 
Bright Pearl, Burnectfour (Summer Flare[reg] 35), 
Burnectseven (Summer Flare[reg] 28), Burnecteleven (Summer 
Flare[reg] 30), Burnectfifteen (Summer Flare[reg] 
27), Burnectseventeen (Summer Flare[reg] 32), Candy Gold, 
Candy Pearl, Crimson Sweet, Diamond Ray, Early Red Jim, Fire Pearl, Fire 
Sweet, Giant Pearl, Grand Bright, Grand Candy, Grand Pearl, Grand Sweet, 
Honey Blaze, Honey Dew, Honey Diva, Honey Fire, Honey Kist, Honey Rose, 
Honey Royale, July Bright, July Pearl, July Red, June Ice, Kay Pearl, La 
Pinta, Larry's Red, Late Red Jim, Mike's Red, Orange Honey, Prima 
Diamond IX, Prima Diamond X, Prima Diamond XIX, Prima Diamond XXIV, 
Prima Diamond XXVIII, Prince Jim 3, Raspberry Jewel, Red Baron 2, Red 
Bright, Red Diamond, Red Glen, Red Jim, Red Pearl, Regal Pearl, Regal 
Red, Ruby Bright, Ruby Diamond, Ruby Pearl, Ruby Sweet, Saucer, 
September Bright (26P-490), September Free, September Red, Signature, 
Snow Pearl, Sparkling June, Spring Bright, Spring Pearl\TM\, Spring 
Sweet, Sugar Pearl\TM\, Sugarine, Summer Blush, Summer Bright, Summer 
Diamond, Summer Fire, Summer Jewel, Summer Lion, Summer Red, Sunburst, 
Sun Valley Sweet, Zee Glo or Zephyr variety nectarines unless:
    (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 76 nectarines, except for Peento-type 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, except for Peento-type 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

[[Page 123]]

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)(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 84 nectarines, except for Peento-type 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 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 76 nectarines, except for Peento-type 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]

    Editorial Note: For Federal Register citations affecting Sec. 
917.356, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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.
917.8 Pure grower or pure producer.
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.
917.17 Nomination of shipper members of the Control Committee.

[[Page 124]]

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.
917.121 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

917.179 Assessment reports.

                        Subpart_Assessment Rates

917.258 Assessment rate.
917.259 Delinquent assessments.

                  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 hereafter be 
delegated, to act in his stead.

[[Page 125]]



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 kinds of trees:
    (a) All varieties of peaches grown in the production area;
    (b) All hybrids grown in the production area exhibiting the 
characteristics of a peach and subject to cultural practices common to 
peaches as recommended by the committee and approved by the Secretary; 
and
    (c) All varieties of pears except Beurre Hardy, Beurre D'Anjou, 
Bosc, Winter Nelis, Doyenne du Comice, Beurre Easter, and Beurre 
Clairgeau.

[71 FR 41351, July 21, 2006]

    Effective Date Note: At 71 FR 41351, July 21, 2006, in Sec. 917.4, 
the words `` and (c) All varieties of pears except Beurre Hardy, Beurre 
D'Anjou, Bosc, Winter Nelis, Doyenne du Comice, Beurre Easter, and 
Beurre Clairgeau'' were suspended, effective Jan. 1, 2007.



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. Employees of growers and officers of corporations actively 
engaged in growing peaches are eligible to serve in grower positions on 
the committee.

[71 FR 41351, July 21, 2006]



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 for peaches, packing or 
causing the fruit to be packed also constitutes handling; Provided 
further, 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.

[71 FR 41351, July 21, 2006]



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. 917.8  Pure grower or pure producer.

    (a) For peaches, pure grower means any grower:
    (1) Who produces his or her own product (and is not an employee or 
officer of a packing business); or
    (2) Who produces and handles his or her own product; Provided, That 
a pure producer can pack the production of other growers as long as the 
production packed does not exceed 25 percent of the total production 
packed for that marketing year by that pure grower's packing facility. 
Pure grower is synonymous with pure producer.
    (b) The committee may establish, with the approval of the Secretary, 
rules and regulations for the implementation and operation of this 
section.

[71 FR 41351, July 21, 2006]



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.

[[Page 126]]



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.
    (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, and Mono County.
    (o) Tulare District includes and consists of Tulare County and Kings 
County.
    (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.

[41 FR 17528, Apr. 27, 1976, as amended at 71 FR 41351, July 21, 2006]



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 Sec. Sec. 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

[[Page 127]]

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 
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 or suspended as to any fruit, 
nominations of members to the Control Committee shall be composed of 
representatives of any remaining fruit.The apportionment shall be 
determined as aforesaid.In the event provisions of this part are 
terminated or suspended as to any fruit, 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 or suspended.
    (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 that nominates him/her. Each 
member of each commodity committee shall have only one vote in the 
selection of nominees for membership on the Control Committee.



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.

[[Page 128]]



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.
    (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) District 1 composed of the Fresno District: seven nominees.
    (b) District 2 composed of the Tulare District: three nominees.
    (c) District 3 composed of the Tehachapi District and Kern District: 
one nominee.
    (d) District 5 composed of the South Coast District and Southern 
California District: one nominee.
    (e) District 4 composed of the Stanislaus District, Stockton 
District and all of the production area not included in paragraphs (a) 
through (d) of this section: one nominee.

[71 FR 41352, July 21, 2006]



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 January 31 for peaches and not later than February 15 for pears of 
each odd numbered year a meeting or meetings of the growers of the 
fruits in each representation area set forth in Sec. Sec. 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 and alternates. 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. All peach growers, or authorized employees, will receive a ballot 
for the nominees in the district in which they produce and are entitled 
to vote accordingly. A peach grower who produces in multiple districts 
is allowed to vote only in one district, and may exchange his/her ballot 
for that of nominees in another district provided the grower is 
producing in the district for which he/she wants to participate. For 
both commodity committees, 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/she 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. The members and alternates of 
the Peach Commodity Committee shall be growers, or shall be authorized 
employees of such growers and at least 50% of the nominees from each 
representation area shall be pure growers.

[[Page 129]]

    (d) For peaches, no person shall serve more than three (3) 
consecutive two-year terms of office or a total of six (6) consecutive 
years; Provided, That an appointment to fill less than a two-year term 
of office, or serving one (1) term as an alternate, shall not be 
included in determining the (3) consecutive terms of office; Provided 
further, That time served prior to the effective date of this section 
shall not be counted toward consecutive term limits. The members shall 
serve until their respective successors are selected and have qualified.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991; 
71 FR 41352, July 21, 2006]

    Effective Date Notes: 1. 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 Apr. 4, 1994.
    2. At 72 FR 7821, Feb. 21, 2007, in Sec. 917.24, paragraph (a), the 
words ``and not later than February 15 for pears'' were suspended 
effective February 21, 2007.



Sec. 917.25  Selection of members of various commodity committees.

    (a) The Secretary shall select the members of each commodity 
committee from nominations made by growers, as provided in Sec. Sec. 
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.
    (b) For the Peach Commodity Committee, 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.

    Effective Date Note: At 71 FR 41352, July 21, 2006, in Sec. 917.25, 
paragraph (a), the words ``Sec. 917.21 through'' were suspended, 
effective Jan. 1, 2007.



Sec. 917.26  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. Sec. 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 
Sec. Sec. 917.21 and 917.22. In the event nominations are not made for 
membership on the Control Committee, pursuant to the provisions of 
Sec. Sec. 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

[[Page 130]]

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 Sec. Sec. 917.17 through 917.19 and Sec. Sec. 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 Sec. Sec. 
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/her vote so 
cast. The Peach Commodity Committee may, upon due notice to all of the 
members of the respective committee, vote by letter, telegraph, 
telephone, facsimile, video teleconference, or any other means of 
communication recommended by the committee and approved by the 
Secretary; Provided, That any member voting by telephone shall promptly 
thereafter confirm in writing his/her vote so cast.

[41 FR 17528, Apr. 27, 1976, as amended at 56 FR 46369, Sept. 12, 1991; 
71 FR 41352, July 21, 2006]

    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 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

[[Page 131]]

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.
    (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 Sec. Sec. 917.21 and 917.22. 
Such nomination committees would canvas prospective

[[Page 132]]

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 Sec. Sec. 
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. To establish subcommittees to aid the Peach 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 Sec. Sec. 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.
    (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; 
71 FR 41352, July 21, 2006]

    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.

[[Page 133]]

                        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/her 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/her. 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. Furthermore, any assessment 
not paid by a peach handler within a period of time prescribed by the 
Control 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 as recommended by the committee and approved by the Secretary. 
Subsequent to such approval, all assessments for peaches not paid within 
the prescribed period of time shall be subject to an interest or late 
payment charge or both.
    (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.

[71 FR 41352, July 21, 2006]



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 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

[[Page 134]]

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.



Sec. 917.43  Special purpose shipments.

    (a) Except as otherwise provided in this section, any person may, 
without regard to the provisions of Sec. Sec. 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,

[[Page 135]]

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 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,

[[Page 136]]

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 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

[[Page 137]]

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.

                               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

[[Page 138]]

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:

California Tree Fruit Agreement, P.O. Box 968, Reedley, CA, 93654-0968.

[63 FR 16041, Apr. 1, 1998, as amended at 71 FR 78041, Dec. 28, 2006]

                          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 nomination procedures that appear in paragraphs (b) and (c) 
of this section apply to both the Peach and Pear Commodity Committees, 
and the voting procedures that appear in paragraphs (d) and (e) of this 
section apply only to the Pear Commodity Committee.
    (b) 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.
    (c) 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.
    (d) 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.
    (e) 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, as amended at 71 FR 78041, 
Dec. 28, 2006]



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.

[[Page 139]]

    (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 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 Sec. Sec. 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

[[Page 140]]

regulations established under Sec. Sec. 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 marked ``CA WELL 
MAT'' or ``California Well Matured'', 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. 917.45: Provided, That 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.

[72 FR 18854, Apr. 16, 2007]

                                 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:

[[Page 141]]

    (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.

    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 at www.fdsys.gov.



                        Subpart_Assessment Rates



Sec. 917.258  Assessment rate.

    On and after March 1, 2010, an assessment rate of $0.026 per 25-
pound container or container equivalent of peaches is established for 
California peaches.

[75 FR 31279, June 3, 2010]



Sec. 917.259  Delinquent assessments.

    (a) The Peach Commodity Committee shall impose a late payment charge 
on any assessment that has not been received in the Peach Commodity 
Committee's office, or legibly postmarked by the U.S. Postal Service, 
within 60 days of the invoice date shown on the handler's assessment 
statement. The late payment charge shall be 10 percent of the unpaid 
balance.
    (b) In addition to that specified in paragraph (a) of this section, 
the Peach Commodity Committee shall impose an interest charge on any 
assessment payment that has not been received in the Peach Commodity 
Committee's office, or legibly postmarked by the U.S. Postal Service, 
within 60 days of the invoice date. The interest charge shall be 1.5 
percent per month and 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 
60 day payment period.

[72 FR 25947, May 8, 2007]



                  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 
marked ``CA WELL MAT'' or ``California Well Matured'' 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 five down Euro 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.''
    (3) Each package or container of peaches bearing the words 
``California Well Matured'' or ``CA WELL MAT'' shall be 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

[[Page 142]]

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 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
                                                            a 16-pound
                                                              sample
                                                           applicable to
                                                             varieties
         Column A--  Tray pack size designation            specified in
                                                            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......................................................              77
72......................................................              69
70......................................................              65
64......................................................              58
60......................................................              53
56......................................................              48
54......................................................              46
50......................................................              43
48......................................................              41
44......................................................              37
42......................................................              34
40......................................................              32
36......................................................              29
34......................................................              28
32......................................................              25
30......................................................              23
28......................................................              21
26......................................................              20
------------------------------------------------------------------------


  Table 2--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
                                                            a 16-pound
                                                              sample
                                                           applicable to
         Column A--  Tray pack size designation              varieties
                                                           specified in
                                                            paragraphs
                                                          (a)(6)(ii) and
                                                          (c)(3) of Sec.
                                                               917.459
------------------------------------------------------------------------
96......................................................              96
88......................................................              83
84......................................................              79
80......................................................              73
72......................................................              66
70......................................................              62
64......................................................              56
60......................................................              52
56......................................................              47
54......................................................              46

[[Page 143]]

 
50......................................................              42
48......................................................              41
44......................................................              37
42......................................................              34
40......................................................              32
36......................................................              29
34......................................................              28
32......................................................              25
30......................................................              23
28......................................................              21
26......................................................              20
------------------------------------------------------------------------


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.........................................................           80
50.........................................................           77
48.........................................................           74
44.........................................................           70
42.........................................................           68
40.........................................................           59
36.........................................................           53
34.........................................................           50
32.........................................................           39
30.........................................................           32
------------------------------------------------------------------------

    (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 bulk bin container of loose-filled peaches shall contain 
not less than 100 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 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.
    (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 peaches contained in the package 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 Grade 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, a No. 22D standard lug box measures 
2\7/8\ to 7\1/8\ x 13\1/2\ x 16\1/8\ inches, a No. 22E standard lug box 
measures 8\3/4\ x 13 \1/2\ x 16 inches, a No. 22G standard lug box 
measures 7\3/8\ to 7\1/2\ x 13\1/4\ x 15\7/8\ inches, a No. 32 standard 
box measures 5\3/4\ to 7\1/4\ x 12 x 19\3/4\

[[Page 144]]

inches, a No. 35 standard box measures 3\1/2\ to 7\15/16\ x 15\9/16\ to 
15 \13/16\ x 23\1/4\ to 23\3/4\ inches, and a No. 36 standard box 
measures 5 to 6\1/2\ x 13\1/4\ x 17\1/4\ inches. All dimensions are 
given in depth (inside dimensions) by width and 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 applicable marking requirements under the order.
    (d) During the period April 1 through November 23, 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]

    Editorial Note: For Federal Register citations affecting Sec. 
917.442, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



                    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 any package or container of any variety of peaches 
marked ``CA WELL MAT'' or ``California Well Matured'' except in 
accordance with the following terms and conditions:
    (1) Any lot or package or container of any variety of peaches shall 
meet the following 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 blossom end cracking 
that is well healed and does not exceed the aggregate area of a circle 
\3/8\ inch in diameter, and/or does not exceed a depth that exposes the 
pit; Provided further, That 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 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 Peaches; and that such peaches are well 
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

[[Page 145]]

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, any of the fruit surface 
that is not red shall meet the color guide established for the variety, 
including any color noted in the stem cavity. 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 specified guides an inappropriate measure of ``well matured.''

                                 Table 1
------------------------------------------------------------------------
              Column A variety                 Column B maturity guide
------------------------------------------------------------------------
Angelus....................................  I
August Dream...............................  J
August Lady................................  L
Autumn Flame...............................  J
Autumn Gem.................................  I
Autumn Lady................................  H
Autumn Red.................................  J
Autumn Rose................................  H
Bev's Red..................................  I
Blum's Beauty..............................  G
Bright Princess............................  L
Brittney Lane..............................  J
Burpeachfive (July Flame[reg]).............  L
Burpeachfourteen (Spring Flame[reg] 20)....  J
Burpeachone (Spring Flame[reg] 21).........  J
Burpeachsix (June Flame[reg])..............  L
Burpeachthree (September Flame[reg]).......  I
Burpeachtwo (Henry II[reg])................  J
Cal Red....................................  I
Candy Red..................................  J
Carnival...................................  I
Cassie.....................................  H
Coronet....................................  E
Crimson Lady...............................  J
Crown Princess.............................  J
Country Sweet..............................  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 Joy.................................  H
Flavor Queen...............................  H
Flavor Red.................................  G
Franciscan.................................  G
Goldcrest..................................  H
Golden Princess............................  L
Henry III..................................  J
Honey Red..................................  G
Island Princess............................  H
Joanna Sweet...............................  J
John Henry.................................  J
July Elberta...............................  C
June Lady..................................  G
Junelicious................................  I
June Pride.................................  J
Kaweah.....................................  L
Kern Sun...................................  H
Kingscrest.................................  H
Kings Lady.................................  I
Kings Red..................................  I
King Sweet.................................  I
Lacey......................................  I
Lady Lou...................................  I
Lady Sue...................................  L
Late Ito Red...............................  L
Madonna Sun................................  J
Magenta Queen..............................  J
May Crest..................................  G
May Sun....................................  I
May Sweet..................................  I
Merrill Gem................................  G
Merrill Gemfree............................  G
Morning Lord...............................  J
O'Henry....................................  I
Pacifica...................................  G
Pretty Lady................................  J
Prima Gattie 8.............................  L
Prima Gattie 10............................  J
Prima Peach IV.............................  J
Prima Peach 23.............................  J
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
Sharise....................................  J
Shelly.....................................  J
Sierra Gem.................................  J
Sierra Lady................................  I
Sierra Rich................................  J
Sparkle....................................  I
Sprague Last Chance........................  L
Springcrest................................  G
Spring Delight.............................  G
Spring Gem.................................  J
Spring Lady................................  H
Springtreat (60EF32).......................  I
Sugar Time (214LC68).......................  I
Summer Fling...............................  L

[[Page 146]]

 
Summer Kist................................  J
Summer Lady................................  L
Summerset..................................  I
Summer Zee.................................  L
Suncrest...................................  G
Supechfour (Amber Crest)...................  G
Super Chief................................  H
Super Rich.................................  H
Sweet Amber................................  J
Sweet Blaze................................  J
Sweet Crest................................  H
Sweet Dream................................  J
Sweet Gem..................................  J
Sweet Kay..................................  J
Sweet Mick.................................  J
Sweet Scarlet..............................  J
Sweet September............................  I
Topcrest...................................  H
Tra Zee....................................  J
Vista......................................  J
Willie Red.................................  G
Zee Diamond................................  J
Zee Lady...................................  L
------------------------------------------------------------------------

    Note: Consult with the Federal or Federal-State Inspection Service 
Supervisor for the maturity guides applicable to the varieties not 
listed above. On varieties with less than 10 percent surface ground 
color required to determine California Well-Matured, the stem cavity 
color will be utilized to make the determination. As a guide, stem 
cavities for most varieties should be at least yellowish-green as 
defined by the H maturity guide. Confirmation may be further established 
by using other California well matured characteristics.
    (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, Snow Angel, 
Supechfifteen, or Super Lady 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.
    (3) Any package or container of Island Prince, Snow Peak, Spring 
Princess, or Super Rich 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 May Saturn (Early Saturn) 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, Bright Princess, 
Brittney Lane, Burpeachone (Spring Flame[reg] 21), 
Burpeachfourteen (Spring Flame[reg] 20), Burpeachnineteen 
(Spring Flame[reg] 22), Candy Red, Crimson Lady, Crown 
Princess, Early May Crest, Flavorcrest, Honey Sweet, Ivory Duchess, 
Ivory Queen, June Lady, Magenta Queen, May Crest, May Sweet, Prima Peach 
IV, Queencrest, Rich May, Sauzee Queen, Scarlet Queen, Sierra Snow, Snow 
Brite, Springcrest, Spring Lady, Spring Snow, Springtreat (60EF32), 
Sugar Time (214LC68),

[[Page 147]]

Supecheight (012-094), Supechnine, Sweet Scarlet, or Zee Diamond 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 77 peaches except for Peento type 
peaches.
    (6) Any package or container of 116LM397, 382LN469, August Lady, 
August Saturn, Autumn Flame, Autumn Jewel, Autumn Red, Autumn Rich, 
Autumn Rose, Autumn Snow, Autumn Sun, Burpeachtwo (Henry 
II[reg]), Burpeachthree (September Flame[reg]), 
Burpeachfour (August Flame[reg]), Burpeachfive (July 
Flame[reg]), Burpeachsix (June Flame[reg]), 
Burpeachseven (Summer Flame[reg] 29), Burpeachfifteen (Summer 
Flame[reg] 34), Burpeachtwenty (Summer 
Flame[reg]), Burpeachtwentyone (Summer Flame[reg] 
26), Candy Princess, Country Sweet, Crimson Jewel, Diamond Candy, 
Diamond Princess, Earlirich, Early Elegant Lady, Elegant Lady, Fancy 
Lady, Fay Elberta, Full Moon, Galaxy, Glacier White, Golden Moon, Henry 
III, Henry IV, Ice Princess, Ivory King, Ivory Princess, Jasper Gem, 
Jillie White, Joanna Sweet, John Henry, Kaweah, Klondike, Last Tango, 
Natures 10, O'Henry, Peach-N-Cream, Pearl Princess, Pink Giant, 
Pink Moon, Prima Gattie 8, Prima Peach 13, Prima Peach XV, Prima Peach 
20, Prima Peach 23, Prima Peach XXVII, Queen Jewel, Rich Lady, Ruby 
Queen, Ryan Sun, Saturn (Donut), September Blaze, September Snow, 
September Sun, Sierra Gem, Sierra Rich, Snow Beauty, Snow Blaze, Snow 
Duchess, Snow Fall, Snow Gem, Snow Giant, Snow Jewel, Snow King, Snow 
Magic, Snow Princess, Sprague Last Chance, Strawberry, Sugar Crisp, 
Sugar Giant, Summer Dragon, Summer Fling, Summer Lady, Summer Sweet, 
Summer Zee, Sweet Blaze, Sweet Dream, Sweet Henry, Sweet September, Tra 
Zee, Valley Sweet, Vista, White Lady, or Zee Lady 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 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 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 66 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

[[Page 148]]

more than 96 peaches, except for Peento type 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, except for Peento type 
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 condition distinctly more advanced 
than mature.

[59 FR 15841, Apr. 5, 1994]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
917.459, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    2. At 74 FR 7782, Feb. 20, 2009, Sec. 917.459 was amended by adding 
paragraph (a)(6)(iii); however, the amendment could not be incorporated 
due to an inaccurate amendatory instruction. For the convenience of the 
user, the added text is set forth as follows.

Sec. 917.459  California peach grade and size regulation.

    (a) * * *
    (6) * * *
    (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 73 peaches, except for Peento type 
peaches.

                                * * * * *



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

[[Page 149]]

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.
    (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

[[Page 150]]

(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.
920.160 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.

    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.).

[[Page 151]]



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 Butte, Sutter, and Yuba Counties.
    (b) District 2 shall include Tulare County.
    (c) District 3 shall include all counties within the production area 
not included in Districts 1 and 2.

[75 FR 37291, June 29, 2010]



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), and eleven members (and alternates). 
With the exception of the public member and alternate, all members and 
their respective alternates shall be growers or employees of growers. In 
accordance with Sec. 920.31(l), district representation on the 
committee shall be based upon the previous five-year average production 
in the district and shall be established so as to provide an equitable 
relationship between membership and

[[Page 152]]

districts. The committee may, with the approval of the Secretary, 
provide such other allocation of membership as may be necessary to 
assure equitable representation.

[75 FR 37291, June 29, 2010]



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 June 1 of each 
year in which nominations are made, 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, as amended at 75 FR 37291, June 29, 2010]



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 Sec. Sec. 920.22 and 920.23. If the names of nominees to 
fill any such vacancy are not made available to the

[[Page 153]]

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;
    (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 Sec. Sec. 920.50 through 
920.55, of this part shall require at least eight concurring votes.
    (b) Committee meetings may be assembled or held by telephone, video 
conference, or other means of communication. The committee may vote by 
telephone, facsimile, or other means of communication. Votes by members 
or alternates present at assembled meetings shall be cast in person. 
Votes by members or alternates participating by

[[Page 154]]

telephone or other means of communication shall be by roll call; 
Provided, That a video conference shall be considered an assembled 
meeting, and votes by those participating through video conference shall 
be considered as cast in person.

[49 FR 39658, Oct. 10, 1984, as amended at 75 FR 37291, June 29, 2010]



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 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

[[Page 155]]

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;
    (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.

[[Page 156]]

    (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 Sec. Sec. 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 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

[[Page 157]]

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 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.

[[Page 158]]

                        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 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

[[Page 159]]

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:
    (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

[[Page 160]]

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 
Sec. Sec. 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 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

[[Page 161]]

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. 920.160  Reports.

    (a) When requested by the Kiwifruit Administrative Committee, each 
shipper who ships kiwifruit, except as provided in paragraph (e) of this 
section, 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;
    (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 November 
5th, or such other later time as the committee may establish. Subsequent 
KISS forms, including all three sections, shall be filed with the 
committee by the fifth day and again by the twentieth day of each 
calendar month, or such other later time as the committee may establish, 
and will contain the following information:
    (1) The beginning inventory of the handler by size and container 
type;
    (2) The quantity of fruit the handler lost in repack and repacked 
into other container types;
    (3) The total domestic and export shipments of the handler by size 
and container type; and
    (4) Any other adjustments which increase or decrease posted handler 
inventory.
    (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.
    (d) KISS Price/Shipment report. Each handler who ships 100,000 or 
more trays, or the equivalent thereof, per season, shall file the KISS 
Price/Shipment report with the committee. Handlers are not required to 
report organic kiwifruit shipments on this report. The handler shall 
file the report weekly following the first week he or she makes 
shipments and shall continue filing reports until he or she submits a 
final report for the season. Each such report shall be filed with the 
committee no later than 5:00 p.m. (the close of business) on the Tuesday 
immediately following the shipping week. For the purpose of this 
subsection, the shipping week is defined as Sunday through Saturday. The 
report shall show:
    (1) The company name, contact person, and phone number of the 
handler;
    (2) Weekly period covered by the report;
    (3) Total fresh market shipments and gross f.o.b. sales of kiwifruit 
by pack style and size; and
    (4) Total fresh market shipments and gross f.o.b. sales to export 
markets by pack style and size.
    (e) Handlers who file the KISS Price/Shipment report specified in 
paragraph

[[Page 162]]

(d) of this section are exempt from filing the shipping report specified 
in paragraph (a) of this section and the KISS/Shipment report specified 
in paragraph (b) of this section.

[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; 74 FR 46309, Sept. 9, 2009]



Sec. 920.213  Assessment rate.

    On and after August 1, 2008, an assessment rate of $0.035 per 9-kilo 
volume-fill container or equivalent of kiwifruit is established for 
kiwifruit grown in California.

[73 FR 75540, Dec. 12, 2008]



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 any container shall be subject to the 
size designation, maximum number of fruit per 8-pound sample, and the 
size variation tolerance specified as follows:

                Size Designation and Size Variation Chart
------------------------------------------------------------------------
                                  Column 2
                                  maximum
                                 number of     Column 3 size variation
   Column 1 size designation    fruit per 8-     tolerance (diameter)
                                   pound
                                   sample
------------------------------------------------------------------------
18 or larger..................           25  \1/2\-inch (12.7 mm).
20............................           27  \1/2\-inch (12.7 mm).
23............................           30  \1/2\-inch (12.7 mm).
25............................           32  \1/2\-inch (12.7 mm).
27/28.........................           35  \1/2\-inch (12.7 mm).
30............................           39  \1/2\-inch (12.7 mm).
33............................           43  \3/8\-inch (9.5 mm).
36............................           46  \3/8\-inch (9.5 mm).
39............................           49  \3/8\-inch (9.5 mm).
42............................           53  \3/8\-inch (9.5 mm).
45 or smaller.................           55  \1/4\-inch (6.4 mm).
------------------------------------------------------------------------

    (B) The average weight of all sample units in a lot must weigh at 
least 8 pounds, but no sample unit may be more than 4 ounces less than 8 
pounds.
    (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 
size variation requirements of this paragraph.
    (iii) All volume fill containers of kiwifruit designated by weight 
shall hold 19.8-pounds (9-kilograms) net weight of kiwifruit unless such 
containers hold less than 15 pounds or more than 35 pounds net weight of 
kiwifruit.
    (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,'' and except that all varieties of kiwifruit are 
exempt from the ``tightly packed'' standard as defined in Sec. 
51.2338(a) of the U.S. Standards for Grades of Kiwifruit. The terms

[[Page 163]]

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]

    Editorial Note: For Federal Register citations affecting Sec. 
920.302 see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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 and size 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) Except as provided in paragraph (f) of this section, containers 
of kiwifruit must be positive lot identified prior to shipment in 
accordance with the following requirements. All exposed or outside 
containers of kiwifruit, but not less than 75 percent of the total 
containers on the pallet, shall be positive lot identified with a plain 
mark 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 of kiwifruit 
placed directly on a pallet shall have all outside or exposed packages 
on a pallet positive lot identified with a plain mark corresponding to 
the lot inspection conducted by an authorized inspector or have one 
inspection label placed on each side of the pallet. Reusable plastic 
containers of kiwifruit, placed on a pallet, shall be positive lot 
identified 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

[[Page 164]]

of the package or container most likely to be displayed, presented, 
shown or examined under normal or customary conditions of display and 
purchase.
    (f) Kiwifruit that has been inspected and certified, and is 
subsequently placed into new containers, does not have to be positive 
lot identified, as prescribed in paragraph (d) of this section: 
Provided, That:
    (1) Such kiwifruit is of the same grade and size as originally 
inspected; and
    (2) The handler requests a verification number from the Federal or 
Federal-State Inspection Service prior to shipment; plainly marks one 
end of each container with such number and the letter ``R,'' both of 
which shall be at least one-half inch in height; and submits a Kiwifruit 
Verification Form to the Federal or Federal-State Inspection Service 
within 3 business days of such request. The handler shall provide the 
following information on the Kiwifruit Verification Form.
    (i) From the original inspection:
    (A) The positive lot identification numbers;
    (B) The identity of the handler;
    (C) The inspection certificate numbers;
    (D) The grade and size of the kiwifruit;
    (E) The number and type of containers; and
    (F) The handler's brand; and
    (ii) On the kiwifruit placed into new containers:
    (A) The number and type of containers; and
    (B) The applicable brand.

[58 FR 43246, Aug. 16, 1993, as amended at 61 FR 13395, Mar. 27, 1996; 
64 FR 41019, July 29, 1999; 69 FR 54199, Sept. 8, 2004; 71 FR 58249, 
Oct. 3, 2006]



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.

[[Page 165]]

  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.

                               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 (Sec. Sec. 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 Sec. Sec. 922.20, 922.22, 
and 922.23.

[[Page 166]]



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 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, 
as 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.

[[Page 167]]



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 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 Sec. Sec. 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

[[Page 168]]

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:
    (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

[[Page 169]]

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 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

[[Page 170]]

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. 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

[[Page 171]]

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 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, 
as 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 Sec. Sec. 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

[[Page 172]]

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 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, 
as 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

[[Page 173]]

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 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.

[[Page 174]]



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.



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 (Sec. Sec. 922.1 to 922.71).

[23 FR 4781, June 28, 1958. Redesignated at 26 FR 12751, Dec. 30, 1961]

[[Page 175]]



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 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 (Sec. Sec. 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 further redesignated as 44 FR 73010, Dec. 17, 1979]

Subpart--Assessment Rate



Sec. 922.235  Assessment rate.

    On and after April 1, 2010, an assessment rate of $1.50 per ton is 
established for the Washington Apricot Marketing Committee.

[75 FR 51926, Aug. 24, 2010]



                      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

[[Page 176]]

    (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 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 Sec. Sec. 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]

    Effective Date Note: At 72 FR 16265, Apr. 4, 2007, Sec. 922.306 was 
suspended indefinitely, effective Apr. 1, 2007.



                    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 such apricots of the Moorpark variety in open 
containers shall be generally well matured.
    (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; 
60 FR 32430, June 22, 1995; 61 FR 30497, June 17, 1996; 75 FR 72935, 
Nov. 29, 2010]

    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

[[Page 177]]

in the Finding Aids section of the printed volume and at www.fdsys.gov.



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.
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.
923.43 Contributions.

                                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 handling regulation.

    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

[[Page 178]]

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.



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 (Sec. Sec. 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.

[[Page 179]]



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 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. 
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. Committee members shall not serve more than three consecutive 
terms. Members who have served for three consecutive terms must leave 
the committee for at least one year before becoming eligible to serve 
again.

[70 FR 44252, Aug. 2, 2005]



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

[[Page 180]]

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.



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 Sec. Sec. 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

[[Page 181]]

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 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.

[[Page 182]]

                        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.
    (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

[[Page 183]]

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.



Sec. 923.43  Contributions.

    The committee may accept voluntary contributions but these shall 
only be used to pay expenses incurred pursuant to Sec. 923.45. 
Furthermore, such contributions shall be free from any encumbrances by 
the donor and the committee shall retain complete control of their use.

[70 FR 44252, Aug. 2, 2005]

                                Research



Sec. 923.45  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 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

[[Page 184]]

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]



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 Sec. Sec. 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

[[Page 185]]

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 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.

[[Page 186]]



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 
whenever it is found that such termination is favored by a majority of 
growers who, during a representative period, have been engaged in the 
production of cherries: Provided, that such majority has, during such 
representative period, produced for market more than 50 percent of the 
volume of such cherries produced for market.
    (d) The Secretary shall conduct a referendum six years after the 
effective date of this section and every sixth year thereafter, to 
ascertain whether continuance of this subpart is favored by growers. 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 growers who, during a representative period 
determined by the Secretary, have been engaged in the production of 
cherries in the production area.
    (e) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be in 
effect.

[22 FR 3835, June 1, 1957, as amended at 70 FR 44252, Aug. 2, 2005]



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.
    (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

[[Page 187]]

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 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 at www.fdsys.gov.

                             Assessment Rate



Sec. 923.236  Assessment rate.

    On and after April 1, 2007, an assessment rate of $0.40 per ton is 
established for the Washington Cherry Marketing Committee.

[72 FR 44369, Aug. 8, 2007]

               Grade, Size, Container and Pack Regulation



Sec. 923.322  Washington cherry handling regulation.

    (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 unless such cherries meet the 
following minimum size requirements:
    (1) For the Rainier variety and similar varieties commonly referred 
to as ``lightly colored sweet cherries,'' at

[[Page 188]]

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.
    (c) Maturity. No handler shall handle, except as otherwise provided 
in this section, any lot of Rainier cherries or other varieties of 
``lightly colored sweet 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) 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 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.
    (e) Light sweet cherries marked as premium. No handler shall handle, 
except as otherwise provided in this section, any package or container 
of Rainier cherries or other varieties of lightly colored sweet cherries 
marked as premium except in accordance with the following:
    (1) Quality. 90 percent, by count, of such cherries in any lot must 
exhibit a pink-to-red surface blush and, for any given sample, not more 
than 20 percent of the cherries shall be absent a pink-to-red surface 
blush.
    (2) Pack. At least 90 percent, by count, of the cherries in any lot 
shall measure not less than \64/64\ inch (10\1/2\ row) in diameter and 
not more than 5 percent, by count, may be less than \61/64\ inch (11-
row) in diameter.
    (f) Grading or packing cherries outside the production area. (1) 
Persons desiring to ship or receive cherries for grading or packing 
outside the production area shall apply to the committee on a 
``Shippers/Receivers Application for Special Purpose Shipment 
Certificate'' form, and receive approval from the Committee. The 
application shall contain the following: (i) Name, address, telephone 
number, and signature of applicant;
    (ii) Certification by the applicant that cherries graded and packed 
outside the production area shall be inspected by the Federal-State 
Inspection Service and shall meet the grade, size, maturity, and pack 
requirements of this section prior to shipment; and
    (iii) Such other information as the committee may require.
    (2) Each approved applicant shall furnish to the committee, at the 
close of business every Friday, a report containing the following 
information on a ``Special Purpose Shipment Report'' form:
    (i) Name, address, telephone number, and signature of applicant;
    (ii) Names of growers and handlers of such cherries;
    (iii) The total quantity of each variety of cherries; and
    (iv) Such other information as the committee may require.
    (3) The committee may rescind or deny to any applicant its approval 
of the ``Shippers/Receivers Application for Special Purpose Shipment 
Certificate''

[[Page 189]]

if proof satisfactory to the committee is obtained that any cherries 
shipped or received by such applicant for grading or packing were 
handled contrary to the provisions of this section.
    (g) 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 Sec. Sec. 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.
    (h) 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]

    Editorial Note: For Federal Register citations affecting Sec. 
923.322, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



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.
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.
924.121 Minimum quantity exemption.
924.142 Reserve fund.

[[Page 190]]

924.160 Reports.

                         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 (Sec. Sec. 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.



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.

[[Page 191]]



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.



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

[[Page 192]]

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 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 Sec. Sec. 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

[[Page 193]]

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.



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 Sec. Sec. 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:

[[Page 194]]

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 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

[[Page 195]]

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, 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

[[Page 196]]

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 Sec. Sec. 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 
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

[[Page 197]]

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 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.

[[Page 198]]



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.



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

[[Page 199]]

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 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

[[Page 200]]

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]

    Effective Date Note: At 71 FR 26821, May 9, 2006, Sec. 924.110 was 
suspended indefinitely, effective May 10, 2006.



Sec. 924.121  Minimum quantity exemption.

    Any individual shipment which, in the aggregate, does not exceed 500 
pounds net weight of prunes of the Stanley or Merton varieties, or 350 
pounds net weight of prunes of any variety other than the Stanley or 
Merton varieties, and which meets each of the following requirements may 
be handled without regard to the assessment provisions in Sec. 924.41:
    (a) The shipment consists of prunes sold for home use and not for 
resale, and
    (b) 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.

[71 FR 26821, May 9, 2006]



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 (Sec. Sec. 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 further 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 .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 at www.fdsys.gov.



Sec. 924.160  Reports.

    Each person handling prunes shall submit to the Committee, on or 
before October 30 of each year, a ``Handler Statement for Washington-
Oregon Fresh Prunes'' containing the following information:
    (a) The handler's name and address;
    (b) The name and address of each producer;
    (c) The quantity, in field run tons, of early and late fresh prunes 
handled by each handler;
    (d) The assessment due and enclosed;
    (e) The name, telephone number, and signature of the authorized 
person completing the form; and
    (f) The date the form is signed.

[71 FR 26821, May 9, 2006]

    Effective Date Note: At 75 FR 43042, July 23, 2010, Sec. 924.160 
was suspended, effective July 24, 2010.



                         Subpart_Assessment Rate



Sec. 924.236  Assessment rate.

    On or after April 1, 2009, an assessment rate of $2.00 per ton is 
established for the Washington-Oregon Fresh Prune Marketing Committee.

[74 FR 48850, Sept. 25, 2009]

    Effective Date Note: At 75 FR 43042, July 23, 2010, Sec. 924.236 
was suspended, effective July 24, 2010.



                   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

[[Page 201]]

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 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 Sec. Sec. 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]

    Effective Date Note: At 71 FR 26821, May 9, 2006, Sec. 924.319 was 
suspended indefinitely, effective May 10, 2006.



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.

[[Page 202]]

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.
925.141 Late payments.
925.160 Reports.

                        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.

[[Page 203]]



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.



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.

[[Page 204]]

    (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 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 Sec. Sec. 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

[[Page 205]]

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;
    (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

[[Page 206]]

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) 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;

[[Page 207]]

    (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 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

[[Page 208]]

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.

                                 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.

[[Page 209]]

    (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 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))

[[Page 210]]



                      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.
    (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]



Sec. 925.160  Reports.

    (a) When requested by the California Desert Grape Administrative 
Committee, each shipper who ships grapes, shall furnish an end-of-season 
grape shipment report (CDGAC-3) to the Committee no later than 10 days 
after the last day of shipment for the season or such later time the 
Committee deems appropriate. Such reports shall show the reporting 
period, the name and other identification of the shipper and grower, the 
invoice number, shipping date, varietal name, shipment destination (city 
and state), and the number of lugs shipped (pounds).
    (b) When requested by the California Desert Grape Administrative 
Committee (CDGAC), each shipper who ships grapes shall furnish to the 
committee at such time as the committee shall require, an annual grape 
acreage survey (CDGAC Form 7), which shall include, but is not limited 
to, the following: The applicable year in which the report is requested; 
the names of the shipper (handler) who will handle the grapes and the 
grower who produces them; the location of each vineyard; the variety or 
varieties grown in each vineyard; and the bearing, non-bearing, and 
total acres of each vineyard.

[69 FR 21692, Apr. 22, 2004, as amended at 72 FR 29840, May 30, 2007]



                        Subpart_Assessment Rates



Sec. 925.215  Assessment rate.

    On and after January 1, 2009, an assessment rate of $0.01 per 18-
pound lug is established for grapes grown in a designated area of 
southeastern California.

[74 FR 8143, Feb. 24, 2009]



Sec. 925.304  California Desert Grape Regulation 6.

    During the period April 10 through July 10 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

[[Page 211]]

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.'' In addition, U.S. No. 1 Table grade grapes may 
be packed in individual consumer packages containing 2 pounds net weight 
or less: Provided, That not more than 20 percent of the weight of such 
containers may consist of single clusters weighing less than one-quarter 
pound, but with at least five berries each.
    (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 and shall be 
considered mature if the juice meets or exceeds 16.5 percent soluble 
solids, or 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 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 Title 3: California Code of 
Regulations (CCR).
    (b) Container and pack. (1) 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)
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

[[Page 212]]

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, as provided in Sec. Sec. 1436.30 
and 1359 of Title 3: California Code of Regulations.
    (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.
    (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 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 recommendation of the 
committee and approval of the Secretary, the prohibition against packing 
or repacking grapes on any Saturday, Sunday or on 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 as follows:
    (1) All requests for suspension of a packing holiday shall be in 
writing, shall state the reasons the suspension is being requested, and 
shall be submitted to the Committee manager by noon on Wednesday or at 
least 3 days prior to the requested suspension date;
    (2) Upon receipt of a written request, the Committee manager shall 
promptly give reasonable notice to producers and handlers and to the 
Secretary that an assembled Committee meeting will be held to discuss 
the request(s). The representative of the Secretary shall attend the 
meeting via speakerphone or in person, and all votes of the Committee 
members shall be cast in person;
    (3) The Committee members shall consider marketing conditions (i.e., 
supplies of competing commodities to include quantities in inventory, 
the expected demand conditions for grapes in different markets, and any 
pertinent documents which provide data on market conditions), weather 
conditions, labor shortages, the size of the crop remaining to be 
marketed, and other pertinent factors in reaching a decision to suspend 
packing holidays;
    (4) Once a vote is taken, any documents utilized during the meeting 
will be forwarded immediately to the Secretary's representative and a 
summary of the Committee's action and reasons for recommending approval 
or disapproval will be prepared and also forwarded by the committee; and
    (5) The Secretary's representative shall notify the Committee 
manager of

[[Page 213]]

approval or disapproval of the request prior to commencement of the 
suspended packing holiday and the Committee manager shall notify 
handlers and producers accordingly.
    (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 National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. 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]

    Editorial Note: For Federal Register citations affecting Sec. 
925.304, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    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 at www.fdsys.gov.



PART 926_DATA COLLECTION, REPORTING AND RECORDKEEPING REQUIREMENTS 
APPLICABLE TO CRANBERRIES NOT SUBJECT TO THE CRANBERRY MARKETING 

ORDER--Table of Contents



Sec.
926.1 Secretary.
926.2 Act.
926.3 Person.
926.4 Cranberries.
926.5 Fiscal period.
926.6 Committee.
926.7 Producer.
926.8 Handler.
926.9 Handle.
926.10 Acquire.
926.11 Processed cranberries or cranberry products.
926.12 Producer-handler.
926.13 Processor.
926.14 Broker.
926.15 Importer.
926.16 Reports.
926.17 Reporting requirements.
926.18 Records.
926.19 Confidential information.
926.20 Verification of reports and records.
926.21 Suspension or termination.

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

    Source: 70 FR 1999, Jan. 12, 2005, unless otherwise noted.



Sec. 926.1  Secretary.

    Secretary means the Secretary of Agriculture of the United States or 
any officer or employee of the United States Department of Agriculture 
who is, or who may hereafter be authorized to act in her/his stead.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.1 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.2  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,

[[Page 214]]

as amended (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601 et seq.).

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.2 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.3  Person.

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

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.3 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.4  Cranberries.

    Cranberries means all varieties of the fruit Vaccinium Macrocarpon 
and Vaccinium oxycoccus, known as cranberries.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.4 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.5  Fiscal period.

    Fiscal period is synonymous with fiscal year and crop year and means 
the 12-month period beginning September 1 and ending August 31 of the 
following year.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.5 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.6  Committee.

    Committee means the Cranberry Marketing Committee, which is hereby 
authorized by USDA to collect information on sales, acquisitions, and 
inventories of cranberries and cranberry products under this part. The 
Committee is established pursuant to the Federal cranberry marketing 
order regulating the handling of cranberries grown in the States of 
Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, 
Michigan, Minnesota, Oregon, Washington, and Long Island in the State of 
New York (7 CFR part 929).

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.6 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.7  Producer.

    Producer is synonymous with grower and means any person who produces 
cranberries for market and has a proprietary interest therein.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.7 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.8  Handler.

    Handler means any person who handles cranberries and is not subject 
to the reporting requirements of Part 929.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.8 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.9  Handle.

    Handle means to can, freeze, dehydrate, acquire, sell, consign, 
deliver, or transport (except as a common or contract carrier of 
cranberries owned by another person) fresh or processed cranberries 
produced within or outside the United States or in any other way to 
place fresh or processed cranberries into the current of commerce within 
or outside the United States. This term includes all initial and 
subsequent handling of cranberries or processed cranberries up to, but 
not including, the retail level.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.9 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.10  Acquire.

    Acquire means to obtain cranberries by any means whatsoever for the 
purpose of handling cranberries.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.10 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.11  Processed cranberries or cranberry products.

    Processed cranberries or cranberry products means cranberries which 
have been converted from fresh cranberries into canned, frozen, or 
dehydrated cranberries or other cranberry products by any commercial 
process.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.11 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.12  Producer-handler.

    Producer-handler means any person who is a producer of cranberries 
for market and handles such cranberries.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.12 was 
suspended indefinitely, effective Dec. 29, 2006.

[[Page 215]]



Sec. 926.13  Processor.

    Processor means any person who receives or acquires fresh or frozen 
cranberries or cranberries in the form of concentrate from handlers, 
producer-handlers, importers, brokers or other processors and uses such 
cranberries or concentrate, with or without other ingredients, in the 
production of a product for market.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.13 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.14  Broker.

    Broker means any person who acts as an agent of the buyer or seller 
and negotiates the sale or purchase of cranberries or cranberry 
products.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.14 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.15  Importer.

    Importer means any person who causes cranberries or cranberry 
products produced outside the United States to be brought into the 
United States with the intent of entering the cranberries or cranberry 
products into the current of commerce.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.15 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.16  Reports.

    (a) Each handler, producer-handler, processor, broker, and importer 
engaged in handling or importing cranberries or cranberry products who 
is not subject to the reporting requirements of the Federal cranberry 
marketing order, (7 CFR Part 926) shall, in accordance with Sec. 926.17, 
file promptly with the Committee reports of sales, acquisitions, and 
inventory information on fresh cranberries and cranberry products using 
forms supplied by the Committee.
    (b) Upon the request of the Committee, with the approval of the 
Secretary, each handler, producer-handler, processor, broker, and 
importer engaged in handling or importing cranberries or cranberry 
products who is not subject to the Federal cranberry marketing order (7 
CFR Part 926) shall furnish to the Committee such other information with 
respect to fresh cranberries and cranberry products acquired and 
disposed of by such entity as may be necessary to meet the objectives of 
the Act.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.16 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.17  Reporting requirements.

    Handlers, producer-handlers, importers, processors, and brokers not 
subject to the Federal cranberry marketing order (7 CFR Part 926) shall 
be required to submit four times annually, for each fiscal period 
reports regarding sales, acquisitions, movement for further processing, 
and dispositions of fresh cranberries and cranberry products using forms 
supplied by the Committee. An Importer Cranberry Inventory Report Form 
shall be required to be completed by importers and brokers. This report 
shall indicate the name, address, variety acquired, the amount sold to 
and received by brokers, processors, and handlers, and the beginning and 
ending inventories of cranberries held by the importer for each 
applicable fiscal period. A Handler/Processor Cranberry Inventory Report 
Form shall be completed by handlers, producer-handlers, and processors 
and shall indicate the name, address, variety acquired, domestic/foreign 
sales, acquisitions, and beginning and ending inventories.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.17 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.18  Records.

    Each handler, producer-handler, processor, broker, and importer 
shall maintain such records of all fresh cranberries and cranberry 
products acquired, imported, handled, withheld from handling, and 
otherwise disposed of during the fiscal period to substantiate the 
required reports. All such records shall be maintained for not less than 
three years after the termination of the fiscal year in which the 
transactions occurred or for such lesser period as the Committee may 
direct.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.18 was 
suspended indefinitely, effective Dec. 29, 2006.

[[Page 216]]



Sec. 926.19  Confidential information.

    All reports and records furnished or submitted pursuant to this part 
which include data or information constituting a trade secret or 
disclosing the trade position or financial condition, or business 
operations from whom received, shall be in the custody and control of 
the authorized agents of the Committee, who shall disclose such 
information to no person other than the Secretary.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.19 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.20  Verification of reports and records.

    For the purpose of assuring compliance and checking and verifying 
records and reports required to be filed by handlers, producer-handlers, 
processors, brokers, and importers, USDA or the Committee, through its 
duly authorized agents, shall have access to any premises where 
applicable records are maintained, where cranberries and cranberry 
products are received, acquired, stored, handled, and otherwise disposed 
of and, at any time during reasonable business hours, shall be permitted 
to inspect such handler, producer-handler, processor, broker, and 
importer premises, and any and all records of such handlers, producer-
handlers, processors, brokers, and importers. The Committee's authorized 
agents shall be the manager of the Committee and other staff under the 
supervision of the Committee manager.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.20 was 
suspended indefinitely, effective Dec. 29, 2006.



Sec. 926.21  Suspension or termination.

    The provisions of this part shall be suspended or terminated 
whenever there is no longer a Federal cranberry marketing order in 
effect.

    Effective Date Note: At 71 FR 78046, Dec. 28, 2006, Sec. 926.21 was 
suspended indefinitely, effective Dec. 29, 2006.



PART 927_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.
927.14 Processor.
927.15 Process.

                          Administrative Bodies

927.20 Establishment and membership.
927.21 Nomination and selection of members and their respective 
          alternates.
927.22 Meetings for elections 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.
927.29 Vacancies.
927.30 Compensation and expenses.
927.31 Powers.
927.32 Duties.
927.33 Procedure.
927.34 Right of the Secretary.
927.35 Funds and other property.

                        Expenses and Assessments

927.40 Expenses.
927.41 Assessments.
927.42 Accounting.
927.43 Use of funds.
927.44 [Reserved].
927.45 Contributions.

                        Research and Development

927.47 Research and development.

                         Regulation of Shipments

927.50 Marketing policy.
927.51 Issuance of regulations; and modification, suspension, or 
          termination thereof.
927.52 Prerequisites to recommendations.
927.53 Notification.
927.54 [Reserved].

                               Inspection

927.60 Inspection and certification.

[[Page 217]]

                               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.
927.76 Agents.
927.77 Effective time.
927.78 Termination.
927.79 Proceedings after termination.
927.80 Amendments.

                      Subpart_Rules and Regulations

                               Definitions

927.100 Terms.
927.101 [Reserved]
927.102 Order.
927.103 Organically produced pears.

                             Communications

927.105 Communications.

                        Exemptions and Safeguards

927.120 Pears for charitable or byproduct purposes.
927.121 Pears for gift purposes.
927.122 [Reserved]
927.123 Interest and late payment charges.

                                 Reports

927.125 Fresh pear reports.
927.126 Processed pear reports.
927.142 [Reserved]
927.236 Fresh pear assessment rate.
927.237 Processed pear assessment rate.
927.316 Handling regulation.

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

    Source: 70 FR 29392, May 20, 2005, unless otherwise noted.



                    Subpart_Order Regulating Handling

                               Definitions



Sec. 927.1  Secretary.

    Secretary means the Secretary of Agriculture of the United States, 
or any officer or employee of the Department of Agriculture who has been 
delegated, or to whom authority may hereafter be delegated, the 
authority to act for the Secretary.



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 other business unit.



Sec. 927.4  Pears.

    (a) Pears means and includes any and all varieties or subvarieties 
of pears with the genus Pyrus that are produced in the production area 
and are classified as:
    (1) Summer/fall pears including Bartlett and Starkrimson pears;
    (2) Winter pears including Beurre D'Anjou, Beurre Bosc, Doyenne du 
Comice, Concorde, Forelle, Winter Nelis, Packham, Seckel, and Taylor's 
Gold pears; and
    (3) Other pears including any or all other varieties or subvarieties 
of pears not classified as summer/fall or winter pears.
    (b) The Fresh Pear Committee and/or the Processed Pear Committee, 
with the approval of the Secretary, may recognize new or delete obsolete 
varieties or subvarieties for each category.



Sec. 927.5  Size.

    Size means the number of pears which can be packed in a 44-pound net 
weight standard box or container equivalent, or as ``size'' means the 
greatest transverse diameter of the pear taken at right angles to a line 
running from the stem to the blossom end, or such other specifications 
more specifically defined in a regulation issued under this part.



Sec. 927.6  Grower.

    Grower is synonymous with producer and means any person engaged in 
the production of pears, either as owner or as tenant.



Sec. 927.7  Handler.

    Handler is synonymous with shipper and means any person (except a 
common or contract carrier transporting pears owned by another person) 
who, as owner, agent, broker, or otherwise, ships or handles pears, or 
causes pears

[[Page 218]]

to be shipped or handled by rail, truck, boat, or any other means 
whatsoever.



Sec. 927.8  Ship or handle.

    Ship or handle means to sell, deliver, consign, transport or ship 
pears within the production area or between the production area and any 
point outside thereof, including receiving pears for processing: 
Provided, That the term ``handle'' shall not include the transportation 
of pear shipments within the production area from the orchard where 
grown to a packing facility located within the production area for 
preparation for market or delivery for processing.



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 may be approved by the 
Secretary pursuant to a joint recommendation by the Fresh Pear Committee 
and the Processed Pear Committee.



Sec. 927.10  Production area.

    Production area means and includes the States of Oregon and 
Washington.



Sec. 927.11  District.

    District means the applicable one of the following-described 
subdivisions of the production area covered by the provisions of this 
subpart:
    (a) For the purpose of committee representation, administration and 
application of provisions of this subpart as applicable to pears for the 
fresh market, districts shall be defined as follows:
    (1) Medford District shall include all the counties in the State of 
Oregon except for Hood River and Wasco counties.
    (2) Mid-Columbia District shall include Hood River and Wasco 
counties in the State of Oregon, and the counties of Skamania and 
Klickitat in the State of Washington.
    (3) Wenatchee District shall include the counties of King, Chelan, 
Okanogan, Douglas, Grant, Lincoln, and Spokane in the State of 
Washington, and all other counties in Washington lying north thereof.
    (4) Yakima District shall include all of the State of Washington, 
not included in the Wenatchee District or in the Mid-Columbia District.
    (b) For the purpose of committee representation, administration and 
application of provisions of this subpart as applicable to pears for 
processing, districts shall be defined as follows:
    (1) The State of Washington.
    (2) The State of Oregon.
    (c) The Secretary, upon recommendation of the Fresh Pear Committee 
or the Processed Pear Committee, may reestablish districts within the 
production area.



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.



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 Fresh Pear Committee or the Processed Pear Committee 
and approved by the Secretary. Recognition of a subvariety shall include 
classification within a varietal group for the purposes of votes 
conducted under Sec. 927.52.



Sec. 927.14  Processor.

    Processor means any person who as owner, agent, broker, or 
otherwise, commercially processes pears in the production area.



Sec. 927.15  Process.

    Process means to can, concentrate, freeze, dehydrate, press or puree 
pears, or in any other way convert pears commercially into a processed 
product.

                          Administrative Bodies



Sec. 927.20  Establishment and membership.

    There are hereby established two committees to administer the terms 
and provisions of this subpart as specifically provided in Sec. Sec. 
927.20 through 927.35:
    (a) A Fresh Pear Committee, consisting of 13 individual persons as 
its members is established to administer order provisions relating to 
the handling of pears for the fresh market. Six

[[Page 219]]

members of the Fresh Pear Committee shall be growers, six members shall 
be handlers, and one member shall represent the public. For each member 
there shall be two alternates, designated as the ``first alternate'' and 
the ``second alternate,'' respectively. Each district shall be 
represented by one grower member and one handler member, except that the 
Mid-Columbia District and the Wenatchee District shall be represented by 
two grower members and two handler members.
    (b) A Processed Pear Committee consisting of 10 members is 
established to administer order provisions relating to the handling of 
pears for processing. Three members of the Processed Pear Committee 
shall be growers, three members shall be handlers, three members shall 
be processors, and one member shall represent the public. For each 
member there shall be two alternates, designated as the ``first 
alternate'' and the ``second alternate,'' respectively. District 1, the 
State of Washington, shall be represented by two grower members, two 
handler members and two processor members. District 2, the State of 
Oregon, shall be represented by one grower member, one handler member 
and one processor member.
    (c) The Secretary, upon recommendation of the Fresh Pear Committee 
or the Processed Pear Committee may reapportion members among districts, 
may change the number of members and alternates, and may change the 
composition by changing the ratio of members, including their 
alternates. In recommending any such changes, the following shall be 
considered:
    (1) Shifts in pear acreage within districts and within the 
production area during recent years;
    (2) The importance of new pear production in its relation to 
existing districts;
    (3) The equitable relationship between membership and districts;
    (4) Economies to result for growers in promoting efficient 
administration due to redistricting or reapportionment of members within 
districts; and
    (5) Other relevant factors.



Sec. 927.21  Nomination and selection of members and their respective 
alternates.

    Grower members and their respective alternates for each district 
shall be selected by the Secretary from nominees elected by the growers 
in such district. Handler members and their respective alternates for 
each district shall be selected by the Secretary from nominees elected 
by the handlers in such district. Processor members and their respective 
alternates shall be selected by the Secretary from nominees elected by 
the processors. Public members for each committee shall be nominated by 
the Fresh Pear Committee and the Processed Pear Committee, each 
independently, and selected by the Secretary. The Fresh Pear Committee 
and the Processed Pear Committee may, each independently, prescribe such 
additional qualifications, administrative rules and procedures for 
selection for each candidate as it deems necessary and as the Secretary 
approves.



Sec. 927.22  Meetings for election of nominees.

    (a) Nominations for members of the Fresh Pear 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 designated by the Fresh Pear Committee.
    (b) Nominations for grower and handler members of the Processed Pear 
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 designated by the Processed Pear Committee. 
Nominations for processor members of the Processed Pear Committee and 
their alternates shall be made at a meeting of processors at such time 
and place designated by the Processed Pear Committee.



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

[[Page 220]]

and their alternates, and only processors in attendance for election of 
nominees shall participate in the nomination of processor members and 
their alternates. A grower may participate only in the election held in 
the district in which he or she produces pears, and a handler may 
participate only in the election held in the district in which he or she 
handles pears. Each person may vote as a grower, handler or processor, 
but not a combination thereof. Each grower, handler and processor 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 or her alternates shall be a 
grower, or an officer or employee of a corporate or LLC grower, who 
grows pears in the district in which and for which he or she is 
nominated and selected. Each handler member and each of his or her 
alternates shall be a handler, or an officer or employee of a handler, 
handling pears in the district in and for which he or she is nominated 
and selected. Each processor member and each of their alternates shall 
be a processor, or an officer or employee of a processor, who processes 
pears in the production area.



Sec. 927.25  Failure to nominate.

    In the event nominations are not made pursuant to Sec. Sec. 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 Fresh Pear Committee or the 
Processed Pear Committee shall qualify by filing with the Secretary a 
written acceptance of the person's willingness to serve.



Sec. 927.27  Term of office.

    The term of office of each member and alternate member of the Fresh 
Pear Committee and the Processed Pear 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, 2006; 
and that beginning with the 2005-2006 fiscal period, 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.



Sec. 927.28  Alternates for members.

    The first alternate for a member shall act in the place and stead of 
the member for whom he or she is an alternate during such member's 
absence. In the event of the death, removal, resignation, or 
disqualification of a member, his or her 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 or she is an alternate whenever both the member 
and his or her first alternate are unable to serve. In the event that a 
member of the Fresh Pear Committee or the Processed Pear Committee and 
both that member's alternates are unable to attend a meeting, the member 
may designate any other alternate member from the same group (handler, 
processor, or grower) to serve in that member's place and stead.



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 Fresh Pear Committee 
or the Processed Pear 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 or her unexpired 
term shall be nominated and selected in the manner set forth in 
Sec. Sec. 927.20 to 927.35. If nominations to fill any such vacancy are 
not made within 20 days after such vacancy occurs, the

[[Page 221]]

Secretary may fill such vacancy without regard to nominations.



Sec. 927.30  Compensation and expenses.

    The members and alternates for members 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.

    The Fresh Pear Committee and the Processed Pear Committee shall have 
the following powers to exercise each independently:
    (a) To administer, as specifically provided in Sec. Sec. 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.

    The duties of the Fresh Pear Committee and the Processed Pear 
Committee, each independently, shall be as follows:
    (a) To act as intermediary between the Secretary and any grower, 
handler or processor;
    (b) To keep minutes, books, and records which will reflect clearly 
all of the acts and transactions. The 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 to be audited by one or more competent 
accountants at the end of each fiscal year and at such other times as 
the Fresh Pear Committee or the Processed Pear 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 agents, and representatives as it may 
deem necessary, and to determine the compensation and define the duties 
of each;
    (g) To give the Secretary, or the designated agent of the Secretary, 
the same notice of meetings as is given to the members of the Fresh Pear 
Committee or the Processed Pear Committee;
    (h) To select a chairman of the Fresh Pear Committee or the 
Processed Pear Committee and, from time to time, such other officers as 
it may deem advisable and to define the duties of each; and
    (i) To submit to the Secretary as soon as practicable after the 
beginning of each fiscal period, 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 period.



Sec. 927.33  Procedure.

    (a) Quorum and voting. A quorum at a meeting of the Fresh Pear 
Committee or the Processed Pear Committee shall consist of 75 percent of 
the number of committee members, or alternates then serving in the place 
of any members, respectively. Except as otherwise provided in Sec. 
927.52, all decisions of the Fresh Pear Committee or the Processed Pear 
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 Fresh Pear Committee or the Processed Pear 
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.



Sec. 927.34  Right of the Secretary.

    The members and alternates for members and any agent or employee

[[Page 222]]

appointed or employed by the Fresh Pear Committee or the Processed Pear 
Committee shall be subject to removal or suspension by the Secretary at 
any time. Each and every regulation, decision, determination, or other 
act 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 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 Fresh Pear Committee or the Processed 
Pear 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, all books, 
records, funds, and other property in his or her possession belonging to 
the Fresh Pear Committee or the Processed Pear Committee shall be 
delivered to his or her successor in office or to the Fresh Pear 
Committee or Processed Pear Committee, and such assignments and other 
instruments shall be executed as may be necessary to vest in such 
successor or in the Fresh Pear Committee or Processed Pear 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.

                        Expenses and Assessments



Sec. 927.40  Expenses.

    The Fresh Pear Committee and the Processed Pear Committee are 
authorized, each independently, to incur such expenses as the Secretary 
finds may be necessary to carry out their 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 Fresh Pear Committee or 
the Processed Pear Committee during a fiscal period. The payment of 
assessments for the maintenance and functioning of the Fresh Pear 
Committee or the Processed Pear Committee may be required under this 
part throughout the period such assessments are payable irrespective of 
whether particular provisions thereof are suspended or become 
inoperative.
    (b)(1) Based upon a recommendation of the Fresh Pear Committee or 
other available data, the Secretary shall fix three base rates of 
assessment for pears that handlers shall pay on pears handled for the 
fresh market during each fiscal period. Such base rates shall include 
one rate of assessment for any or all varieties or subvarieties of pears 
classified as summer/fall; one rate of assessment for any or all 
varieties or subvarieties of pears, classified as winter; and one rate 
of assessment for any or all varieties or subvarieties of pears 
classified as other. Upon recommendation of the Fresh Pear Committee or 
other available data, the Secretary may also fix supplemental rates of 
assessment on individual varieties or subvarieties categorized within 
the assessment classifications in this paragraph (b)(1) 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 Fresh Pear Committee recommendation or other information that 
different rates are necessary for fresh pears or for any varieties or 
subvarieties, the Secretary may modify those rates of assessment and 
such new rate shall apply to any or all varieties or subvarieties that 
are shipped during the fiscal period for fresh market.
    (2) Based upon a recommendation of the Processed Pear Committee or 
other available data, the Secretary shall fix three base rates of 
assessment for pears that handlers shall pay on pears handled for 
processing during each fiscal

[[Page 223]]

period. Such base rates shall include one rate of assessment for any or 
all varieties or subvarieties of pears classified as summer/fall; one 
rate of assessment for any or all varieties or subvarieties of pears, 
classified as winter; and one rate of assessment for any or all 
varieties or subvarieties of pears classified as other. Upon 
recommendation of the Processed Pear Committee or other available data, 
the Secretary may also fix supplemental rates of assessment on 
individual varieties or subvarieties categorized within the assessment 
classifications defined in paragraph (b)(1) of this section 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 Processed Pear Committee recommendation or other information that 
different rates are necessary for pears for processing or for any 
varieties or subvarieties, the Secretary may modify those rates of 
assessment and such new rate shall apply to any or all varieties or 
subvarieties of pears that are shipped during the fiscal period for 
processing.
    (c) Based on the recommendation of the Fresh Pear Committee, the 
Processed Pear Committee or other available data, the Secretary may 
establish additional base rates of assessments, or change or modify the 
base rate classifications defined in paragraphs (a) and (b) of this 
section.
    (d) The Fresh Pear Committee or the Processed Pear Committee may 
impose a late payment charge on any handler who fails to pay any 
assessment within the time prescribed. In the event the handler 
thereafter fails to pay the amount outstanding, including the late 
payment charge, within the prescribed time, the Fresh Pear Committee or 
the Processed Pear Committee may impose an additional charge in the form 
of interest on such outstanding amount. The Fresh Pear Committee or the 
Processed Pear Committee, with the approval of the Secretary, shall 
prescribe the amount of such late payment charge and rate of interest.
    (e) In order to provide funds to carry out the functions of the 
Fresh Pear Committee or the Processed Pear 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 or 
subvariety of pears handled by such handlers during such season. 
Further, payment discounts may be authorized by the Fresh Pear Committee 
or the Processed Pear Committee upon the approval of the Secretary to 
handlers making such advance assessment payments.



Sec. 927.42  Accounting.

    (a) If, at the end of a fiscal period, the assessments collected are 
in excess of expenses incurred, the Fresh Pear Committee or the 
Processed Pear Committee 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 to cover any expense authorized under this part and 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 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 Fresh Pear Committee or the Processed Pear 
Committee and its members to account for all receipts and disbursements.



Sec. 927.43  Use of funds.

    From the funds acquired pursuant to Sec. 927.41 the Fresh Pear 
Committee and the Processed Pear Committee, each independently, shall 
pay the salaries of

[[Page 224]]

its employees, if any, and pay the expenses necessarily incurred in the 
performance of the duties of the Fresh Pear Committee or the Processed 
Pear Committee.



Sec. 927.44  [Reserved]



Sec. 927.45  Contributions.

    The Fresh Pear Committee or the Processed Pear Committee may accept 
voluntary contributions, but these shall only be used to pay expenses 
incurred pursuant to Sec. 927.47. Furthermore, such contributions shall 
be free from any encumbrances by the donor, and the Fresh Pear Committee 
or the Processed Pear Committee shall retain complete control of their 
use.

                        Research and Development



Sec. 927.47  Research and development.

    The Fresh Pear Committee or the Processed Pear Committee, with the 
approval of the Secretary, may establish or provide for the 
establishment of production and post-harvest 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 Sec. Sec. 927.41 and 927.45. Expenditures for a 
particular variety or subvariety of pears shall approximate the amount 
of assessments and voluntary contributions collected for that variety or 
subvariety of pears.

                         Regulation of Shipments



Sec. 927.50  Marketing policy.

    (a) It shall be the duty of the Fresh Pear Committee to investigate, 
from time to time, supply and demand conditions relative to pears and 
each grade, size, and quality of each variety or subvariety thereof. 
Such investigations shall be with respect to the following:
    (1) Estimated production of each variety or subvariety of pears and 
of each grade, size, and quality thereof;
    (2) Prospective supplies and prices of 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 or subvariety 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 Fresh Pear Committee 
shall recommend regulations to the Secretary if it finds, on the basis 
of the investigations specified in this section, 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 Fresh Pear 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 Fresh Pear Committee, or from other 
available information, that regulation, in the manner specified in this 
section, of the shipment of fresh pears would tend to effectuate the 
declared policy of the act, he or she shall so limit the shipment of 
such pears during a specified period or periods. Such regulation may:
    (1) Limit the total quantity of any grade, size, quality, or 
combinations thereof, of any variety or subvariety of pears grown in any 
district and may prescribe different requirements applicable to 
shipments to different export markets;
    (2) Limit, during any period or periods, the shipment of any 
particular grade, size, quality, or any combination thereof, of any 
variety or subvariety, of pears grown in any district or districts of 
the production area; and
    (3) Provide a method, through rules and regulation issued pursuant 
to this part, for fixing markings on the container or containers, which 
may be used in the packaging or handling of pears, including appropriate 
logo or

[[Page 225]]

other container markings to identify the contents thereof.
    (b) Whenever the Secretary finds, from the recommendations and 
information submitted by the Fresh Pear Committee, or from other 
available information, that a regulation should be modified, suspended, 
or terminated with respect to any or all shipments of fresh pears grown 
in any district in order to effectuate the declared policy of the act, 
he or she shall so modify, suspend, or terminate such regulation. If the 
Secretary finds, from the recommendations and information submitted by 
the Fresh Pear Committee, or from other available information, that a 
regulation obstructs or does not tend to effectuate the declared policy 
of the act, he or she shall suspend or terminate such regulation. On the 
same basis and in like manner, the Secretary may terminate any such 
modification or suspension.



Sec. 927.52  Prerequisites to recommendations.

    (a) Decisions of the Fresh Pear Committee or the Processed Pear 
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 or subvariety 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 described in paragraph (b) 
of this section, of all members. Decisions of the Fresh Pear 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 prescribed in paragraph (b) of 
this section, of all members.
    (b) With respect to a particular variety or subvariety of pears, the 
applicable total number of votes shall be the aggregate of the votes 
allotted to the members in accordance with the following: Each member 
shall have one vote as an individual and, in addition, shall have a vote 
equal to the percentage of the vote of the district represented by such 
member; and such district vote shall be computed 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 varieties or subvarieties with less than 200,000 standard boxes or 
container equivalents) of the average quantity of such variety or 
subvariety produced in the particular district and shipped therefrom 
during the immediately preceding three fiscal periods; or
    (2) Such other basis as the Fresh Pear Committee or the Processed 
Pear Committee may recommend and the Secretary may approve. The votes so 
allotted to a member may be cast by such member on each recommendation 
relative to the variety or subvariety of pears on which such votes were 
computed.



Sec. 927.53  Notification.

    (a) The Fresh Pear 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 Fresh Pear Committee 
of the issuance of each regulation and of each modification, suspension, 
or termination of a regulation and the Fresh Pear Committee shall give 
prompt notice thereof to growers and handlers.



Sec. 927.54  [Reserved]

                               Inspection



Sec. 927.60  Inspection and certification.

    (a) Handlers shall ship only fresh pears inspected by the Federal-
State Inspection Service or under a program developed by the Federal-
State Inspection Service: except, that such inspection and certification 
of shipments of pears may be performed by such other inspection service 
as the Fresh Pear 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 Fresh Pear 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,

[[Page 226]]

exempt from the inspection and certification requirements of paragraph 
(a) of this section.
    (c) The Fresh Pear Committee may, with the approval of the 
Secretary, prescribe rules and regulations modifying or eliminating the 
requirement for mandatory inspection and certification of shipments: 
Provided, That an adequate method of ensuring compliance with quality 
and size requirements is developed.

                               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, nor shall any 
assessment be computed on pears so shipped. The Fresh Pear Committee or 
the Processed Pear Committee may prescribe regulations to prevent pears 
shipped for either of such purposes from entering commercial channels of 
trade contrary to the provisions of this subpart.
    (b) The Fresh Pear Committee or the Processed Pear 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.

                        Miscellaneous Provisions



Sec. 927.70  Reports.

    (a) Upon the request of the Fresh Pear Committee or the Processed 
Pear Committee, and subject to the approval of the Secretary, each 
handler shall furnish to the aforesaid committee, respectively, in such 
manner and at such times as it prescribes, such information as will 
enable it to perform its duties under this subpart.
    (b) All such reports shall be held under appropriate protective 
classification and custody by the Fresh Pear Committee or the Processed 
Pear 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 pears received and of pears disposed of, by such 
handler as may be necessary to verify reports pursuant to this section.



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 premises 
whenever such action is deemed advisable.



Sec. 927.75  Liability.

    No member or alternate for a member of the Fresh Pear Committee or 
the Processed Pear 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

[[Page 227]]

omission, as such member, alternate for a member, agent or employee, 
except for acts of dishonesty, willful misconduct, or gross negligence.



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 or her agent or 
representative in connection with any of the provisions of this subpart.



Sec. 927.77  Effective time.

    The provisions of this subpart and of any amendment thereto shall 
become effective at such time as the Secretary may declare, and shall 
continue in force until terminated 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 or she 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 
applicable to fresh pears for market or pears for processing at the end 
of any fiscal period whenever the Secretary finds, by referendum or 
otherwise, that such termination is favored by a majority of growers of 
fresh pears for market or pears for processing, respectively: Provided, 
That such majority has during such period produced more than 50 percent 
of the volume of fresh pears for market or pears for processing, 
respectively, in the production 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 May 21, 2005, to ascertain whether continuance of 
the provisions of this subpart applicable to fresh pears for market or 
pears for processing are favored by producers of pears for the fresh 
market and pears for processing, respectively. 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 of fresh pears for 
market or pears for processing 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.



Sec. 927.79  Proceedings after termination.

    (a) Upon the termination of this subpart, the members of the Fresh 
Pear Committee or the Processed Pear 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 Fresh Pear 
Committee or the Processed Pear 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 Fresh Pear Committee or the Processed Pear 
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 and right to all of the funds, property, or 
claims vested in the Fresh Pear Committee or the Processed Pear 
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 necessarily incurred by 
the joint trustees or such other person in the performance of their 
duties under this subpart, as soon as practicable after

[[Page 228]]

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 
transferred or delivered by the Fresh Pear Committee or the Processed 
Pear 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 or upon said joint trustees.



Sec. 927.80  Amendments.

    Amendments to this subpart may be proposed from time to time by the 
Fresh Pear Committee or the Processed Pear Committee or by the 
Secretary.



                      Subpart_Rules and Regulations

    Source: 70 FR 59625, Oct. 13, 2005, unless otherwise noted.

                               Definitions



Sec. 927.100  Terms.

    Each term used in this subpart shall have the same meaning as when 
used in the marketing order.

[70 FR 59625, Oct. 13, 2005, as amended at 71 FR 7676, Feb. 14, 2006]



Sec. 927.101  [Reserved]



Sec. 927.102  Order.

    Order means Marketing Order No. 927, as amended (Sec. Sec. 927.1 to 
927.81), regulating the handling of pears grown in the States of Oregon 
and Washington.

[71 FR 7676, Feb. 14, 2006]



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.

                             Communications



Sec. 927.105  Communications.

    Unless otherwise prescribed in this subpart or in the order, or 
required by the Fresh Pear Committee or the Processed Pear Committee, 
all reports, applications, submittals, requests, inspection 
certificates, and communications in connection with the order shall be 
forwarded to: Fresh Pear Committee, 4382 SE International Way, Suite A, 
Milwaukie OR 97222-4635 and or the Processed Pear Committee, 105 South 
18th Street, Suite 205, Yakima WA 98901.

[71 FR 7676, Feb. 14, 2006]

                        Exemptions and Safeguards



Sec. 927.120  Pears for charitable or byproduct 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 Fresh Pear 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.

[70 FR 59625, Oct. 13, 2005, as amended at 71 FR 7676, Feb. 14, 2006]



Sec. 927.121  Pears for gift purposes.

    There are exempted from the provisions of the 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.

[70 FR 59625, Oct. 13, 2005, as amended at 71 FR 7676, Feb. 14, 2006]

[[Page 229]]



Sec. 927.122  [Reserved]



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 
Fresh Pear Committee or Processed Pear Committee office.

[70 FR 59625, Oct. 13, 2005, as amended at 71 FR 7676, Feb. 14, 2006]

                                 Reports



Sec. 927.125  Fresh pear reports.

    (a) Each handler shall furnish to the Fresh Pear Committee, as of 
every other Friday or at such other times established by the Fresh Pear 
Committee, a ``Handler's Statement of Fresh Pear Shipments'' containing 
the following information:
    (1) The quantity of each variety or subvariety of fresh pears 
shipped by that handler during the preceding two weeks;
    (2) The assessment payment due and enclosed;
    (3) The date of each shipment;
    (4) The ultimate destination by city and state or city and country;
    (5) The name and address of such handler; and
    (6) Other information as may be requested by the Fresh Pear 
Committee.
    (b) Each handler shall furnish to the Fresh Pear Committee, each 
Friday during the shipping season or at such other times established by 
the Fresh Pear Committee, a ``Handler's Packout Report'' containing the 
following information:
    (1) The projected total quantity of the packout of each variety or 
subvariety;
    (2) The quantity to date of the packout of each variety or 
subvariety;
    (3) The quantity of each variety or subvariety loose in storage;
    (4) The quantity of the packout in controlled atmosphere (C.A.) 
storage and the quantity in C.A. storage which is sold;
    (5) The quantity of each variety or subvariety shipped;
    (6) The name and address of such handler; and
    (7) Other information as may be requested by the Fresh Pear 
Committee.
    (c) Each handler shall furnish to the Fresh Pear Committee, upon 
request, the ``Pear Size and Grade Storage Report'' containing the 
quantity of specific grades and sizes of fresh pears in regular and C.A. 
storage by variety or subvariety, and such other information as may be 
requested from the Fresh Pear Committee for the time period specified.
    (d) Each handler who has shipped less than 2,500 44-pound net weight 
standard boxes or container equivalents of fresh pears during any 
reporting period of the shipping season may, in lieu of reporting as 
provided in (a) and (b) of this section, report as follows:
    (1) At completion of harvest, on the next reporting date, furnish to 
the Fresh Pear Committee a ``Handlers Packout Report';
    (2) After unreported shipments total 2,500 44-pound net weight 
standard boxes or container equivalents of fresh pears, furnish to the 
Fresh Pear Committee a ``Handler's Statement of Fresh Pear Shipments'' 
and a ``Handler's Packout Report'' on the next reporting date;
    (3) After completion of all shipments from regular storage (i.e. 
non-C.A. storage), furnish to the Fresh Pear Committee a ``Handler's 
Statement of Fresh Pear Shipments'' and a ``Handler's Packout Report'' 
on the next reporting date;
    (4) At mid-season for C.A. storage, at a date established by the 
Fresh Pear Committee, furnish to the Fresh Pear Committee a ``Handler's 
Statement of Fresh Pear Shipments'', and a ``Handler's Packout Report'; 
and
    (5) At the completion of all seasonal pear shipments, furnish to the 
Fresh Pear Committee a ``Handler's Statement of Fresh Pear Shipments'' 
and a ``Handler's Packout Report'', on the

[[Page 230]]

next 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 shall specify on each bill of lading covering each 
shipment, the variety or subvariety and quantity of all pears included 
in that shipment.

[71 FR 7677, Feb. 14, 2006]



Sec. 927.126  Processed pear reports.

    (a) Each handler shall furnish to the Processed Pear Committee 
annually on a date established by the Processed Pear Committee the 
``Processed Pear Assessment Report'' containing the following 
information:
    (1) The name of the processor(s) or firm(s) to whom pears were sold;
    (2) The quantity of each variety or subvariety of pears shipped by 
that handler;
    (3) The crop year covered in the report;
    (4) The assessment payment due and enclosed;
    (5) The name and address of such handler; and
    (6) Other information as may be requested by the Processed Pear 
Committee.
    (b) Each handler shall specify on each bill of lading covering each 
shipment, the variety or subvariety and quantity of all pears included 
in that shipment.

[71 FR 7677, Feb. 14, 2006]



Sec. 927.142  [Reserved]

                             Assessment Rate



Sec. 927.236  Fresh pear assessment rate.

    On and after July 1, 2005, the following base rates of assessment 
for fresh pears are established for the Fresh Pear Committee:
    (a) $0.366 per 44-pound net weight standard box or container 
equivalent for any or all varieties or subvarieties of fresh pears 
classified as ``summer/fall'';
    (b) $0.501 per 44-pound net weight standard box or container 
equivalent for any or all varieties or subvarieties of fresh pears 
classified as ``winter''; and
    (c) $0.000 per 44-pound net weight standard box or container 
equivalent for any or all varieties or subvarieties of fresh pears 
classified as ``other''.

[71 FR 7677, Feb. 14, 2006]



Sec. 927.237  Processed pear assessment rate.

    On or after July 1, 2009, the following base rates of assessment for 
pears for processing are established for the Processed Pear Committee:
    (a) $8.41 per ton for any or all varieties or subvarieties of pears 
for canning classified as ``summer/fall'' excluding pears for other 
methods of processing;
    (b) $0.00 per ton for any or all varieties or subvarieties of pears 
for processing classified as ``winter''; and
    (c) $0.00 per ton for any or all varieties or subvarieties of pears 
for processing classified as ``other''.

[71 FR 7677, Feb. 14, 2006, as amended at 74 FR 52667, Oct. 14, 2009]



Sec. 927.316  Handling regulation.

    During the period August 15 through November 1, no person shall 
handle any fresh 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) Fresh Beurre D'Anjou variety of pears shall have a certification 
by the Federal-State Inspection Service, issued prior to shipment, 
showing that the core/pulp temperature of such pears has been lowered to 
35 degrees Fahrenheit or less and any such pears have an average 
pressure test of 14 pounds or less. The handler shall submit, or cause 
to be submitted, a copy of the certificate issued on the shipment to the 
Fresh Pear Committee.
    (b) Each handler may ship on any one conveyance 8,800 pounds or less 
of fresh Beurre D'Anjou variety of pears without regard to the quality 
and inspection requirements in paragraph (a) of this section.

[71 FR 7677, Feb. 14, 2006]

[[Page 231]]



   PART 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--Table of 
   Contents



                    Subpart_Order Regulating Handling

                               Definitions

Sec.
929.1 Secretary.
929.2 Act.
929.3 Person.
929.4 Production area.
929.5 Cranberries.
929.6 Fiscal period.
929.7 Committee.
929.8 Grower.
929.9 Handler.
929.10 Handle.
929.11 To can, freeze, or dehydrate.
929.12 Acquire.
929.13 Sales history.
929.14 Marketable quantity.
929.15 Annual allotment.
929.17 Barrel.

                           Administrative Body

929.20 Establishment and membership.
929.21 Term of office.
929.22 Nomination.
929.23 Selection.
929.24 Failure to nominate.
929.25 Acceptance.
929.26 Vacancies.
929.27 Alternate members.
929.28 Redistricting and Reapportionment.
929.30 Powers.
929.31 Duties.
929.32 Procedure.
929.33 Expenses and compensation.

                        Expenses and Assessments

929.40 Expenses.
929.41 Assessments.
929.42 Accounting.

                                Research

929.45 Research and development.

                               Regulations

929.46 Marketing policy.
929.48 Sales history.
929.49 Marketable quantity, allotment percentage, and annual allotment.
929.50 Transfers.
929.51 Recommendations for regulation.
929.52 Issuance of regulations.
929.53 Modification, suspension, or termination of regulations.
929.54 Withholding.
929.55 Interhandler transfer.
929.56 Special provisions relating to withheld (restricted) cranberries.
929.57 Outlets for restricted cranberries.
929.58 Exemption.
929.59 Excess cranberries.

                           Reports and Records

929.60 Handling for special purposes.
929.61 Outlets for excess cranberries.
929.62 Reports.
929.63 Records.
929.64 Verification of reports and records.
929.65 Confidential information.

                        Miscellaneous Provisions

929.66 Compliance.
929.67 Right of the Secretary.
929.68 Effective time.
929.69 Termination.
929.70 Proceedings after termination.
929.71 Effect of termination or amendment.
929.72 Duration of immunities.
929.73 Agents.
929.74 Derogation.
929.75 Personal liability.
929.76 Separability.

                      Subpart_Rules and Regulations

929.101 Minimum exemption.
929.102 Procedure to determine quantity of screened cranberries in 
          unscreened lots.
929.103 Inspection procedure.
929.104 Outlets for excess cranberries.
929.105 Reporting.
929.106 Fiscal period.
929.110 Transfers or sales of cranberry acreage.
929.125 Committee review procedures.
929.142 Reserve.
929.149 Determination of sales history
929.150 Transfer or assignment of sales history.
929.152 Delinquent assessments.
929.158 Exemptions.
929.160 Public member eligibility requirements and nomination 
          procedures.
929.161 Nomination and balloting procedures for candidates other than 
          the major cooperative marketing organization.

                         Subpart_Assessment Rate

929.236 Assessment rate.
929.250 Marketable quantity and allotment percentage for the 2000-2001 
          crop year.
929.251 Marketable quantity and allotment percentage for the 2001-2002 
          crop year.

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

    Source: 27 FR 8101, Aug. 15, 1962, unless otherwise noted.

[[Page 232]]



                    Subpart_Order Regulating Handling

                               Definitions



Sec. 929.1  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.



Sec. 929.2  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 (secs. 1-19, 48 Stat. 31, as amended; 
7 U.S.C. 601-674).



Sec. 929.3  Person.

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



Sec. 929.4  Production area.

    Production area means the States of Massachusetts, Rhode Island, 
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, 
Washington, and Long Island in the State of New York.



Sec. 929.5  Cranberries.

    Cranberries means all varieties of the fruit Vaccinium Macrocarpon, 
known as cranberries, grown in the production area.



Sec. 929.6  Fiscal period.

    Fiscal period is synonymous with fiscal year and crop year and means 
the 12-month period beginning September 1 of 1 year and ending August 31 
of the following year.

[33 FR 11640, Aug. 16, 1968]



Sec. 929.7  Committee.

    Committee means the Cranberry Marketing Committee established 
pursuant to Sec. 929.20.



Sec. 929.8  Grower.

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



Sec. 929.9  Handler.

    Handler means any person who handles cranberries.



Sec. 929.10  Handle.

    (a) Handle means:
    (1) To can, freeze, or dehydrate cranberries within the production 
area or;
    (2) To sell, consign, deliver, or transport (except as a common or 
contract carrier of cranberries owned by another person) fresh 
cranberries or in any other way to place fresh cranberries in the 
current of commerce within the production area or between the production 
area and any point outside thereof.
    (b) The term handle shall not include:
    (1) The sale of non harvested cranberries;
    (2) The delivery of cranberries by the grower thereof to a handler 
having packing or processing facilities located within the production 
area;
    (3) The transportation of cranberries from the bog where grown to a 
packing or processing facility located within the production area; or
    (4) The cold storage or freezing of excess or restricted cranberries 
for the purpose of temporary storage during periods when an annual 
allotment percentage and/or a handler withholding program is in effect 
prior to their disposal, pursuant to Sec. Sec. 929.54 or 929.59.

[57 FR 38748, Aug. 27, 1992, as amended at 70 FR 7640, Feb. 15, 2005]



Sec. 929.11  To can, freeze, or dehydrate.

    To can, freeze, or dehydrate means to convert cranberries into 
canned, frozen, or dehydrated cranberries or other cranberry products by 
any commercial process.



Sec. 929.12  Acquire.

    Acquire means to obtain cranberries by any means whatsoever for the 
purpose of handling such cranberries.



Sec. 929.13  Sales history.

    Sales history means the number of barrels of cranberries established 
for a

[[Page 233]]

grower by the committee pursuant to Sec. 929.48.

[57 FR 38748, Aug. 27, 1992]



Sec. 929.14  Marketable quantity.

    Marketable quantity means for a crop year the number of pounds of 
cranberries necessary to meet the total market demand and to provide for 
an adequate carryover.

[33 FR 11640, Aug. 16, 1968]



Sec. 929.15  Annual allotment.

    A grower's annual allotment for a particular crop year is the number 
of barrels of cranberries determined by multiplying such grower's sales 
history by the allotment percentage established pursuant to Sec. 929.49 
for such crop year.

[57 FR 38748, Aug. 27, 1992]



Sec. 929.17  Barrel.

    Barrel means a quantity of cranberries equivalent to 100 pounds of 
cranberries.

[57 FR 38748, Aug. 27, 1992]

                           Administrative Body



Sec. 929.20  Establishment and membership.

    (a) There is hereby established a Cranberry Marketing Committee 
consisting of 13 grower members, and 9 grower alternate members. Except 
as hereafter provided, members and alternate members shall be growers or 
employees, agents, or duly authorized representatives of growers.
    (b) The committee shall include one public member and one public 
alternate member nominated by the committee and selected by the 
Secretary. The public member and public alternate member shall not be a 
cranberry grower, processor, handler, or have a financial interest in 
the production, sales, marketing or distribution of cranberries or 
cranberry products. The committee, with the approval of the Secretary, 
shall prescribe qualifications and procedures for nominating the public 
member and public alternate member.
    (c) Members shall represent each of the following subdivisions of 
the production areas in the number specified in Table 1. Members shall 
reside in the designated district of the production area from which they 
are nominated and selected. Provided, that there shall also be one 
member-at-large who may be nominated from any of the marketing order 
districts.

    District 1: The States of Massachusetts, Rhode Island, and 
Connecticut;
    District 2: The State of New Jersey and Long Island in the State of 
New York.
    District 3: The States of Wisconsin, Michigan, and Minnesota.
    District 4: The States of Oregon and Washington.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                                 Other than        Other than
                                                Major             Major             major             major
                Districts                    cooperative       cooperative   -----------------------------------
                                                                                   Members         Alternates
----------------------------------------------------------------------------------------------------------------
1.......................................                 2                 1                 2                 1
2.......................................                 1                 1                 1                 1
3.......................................                 2                 1                 2                 1
4.......................................                 1                 1                 1                 1
                                         -----------------------------------------------------------------------
Any.....................................                             1 member-at-large
----------------------------------------------------------------------------------------------------------------

    (d) Disclosure of unregulated production. All grower nominees and 
alternate grower nominees of the committee shall disclose any financial 
interest in the production of cranberries that are not subject to 
regulation by this part.
    (e) The committee may establish, with the approval of the Secretary, 
rules and regulations for the implementation and operation of this 
section.

[69 FR 18806, Apr. 9, 2004]

[[Page 234]]



Sec. 929.21  Term of office.

    (a) The term of office for each member and alternate member of the 
committee shall be for two years, beginning on August 1 of each even-
numbered year and ending on the second succeeding July 31. Provided, 
That following adoption of this amendment, the term of office for the 
initial members and alternates shall also include any time served prior 
to August 1 of the first even numbered year served. Members and 
alternate members shall serve the term of office for which they are 
selected and have been qualified or until their respective successors 
are selected and have been qualified.
    (b) Beginning on August 1 of the even-numbered year following the 
adoption of this amendment, committee members shall be limited to three 
consecutive terms. This limitation on tenure shall not include service 
on the committee prior to the adoption of this amendment or service on 
the committee by the initial members prior to August 1 of the first 
even-numbered year served and shall not apply to alternate members.
    (c) Members who have served three consecutive terms must leave the 
committee for at least one full term before becoming eligible to serve 
again unless specifically exempted by the Secretary. The consecutive 
terms of office for alternate members shall not be so limited.

[69 FR 18806, Apr. 9, 2004]



Sec. 929.22  Nomination.

    (a) Initial members. As soon as practicable after adoption of this 
amendment, the committee shall hold nominations in accordance with this 
section. The names and addresses of all nominees shall be submitted to 
the Secretary for selection as soon as the nomination process is 
complete. Nominees selected for the initial Committee, following 
adoption of this amendment, shall serve a minimum of one two-year term 
beginning on August 1 of the first even-numbered year served.
    (b) Successor members. Beginning on June 1 of the even-numbered year 
following the adoption of this amendment, the committee shall hold 
nominations in accordance with this section.
    (c) Whenever any cooperative marketing organization handles more 
than fifty percent of the total volume of cranberries produced during 
the fiscal period in which nominations for membership on the committee 
are made, such cooperative or growers affiliated therewith shall 
nominate:
    (1) Six qualified persons for members and four qualified persons for 
alternate members of the committee. These members and alternate members 
shall be referred to as the major cooperative members and alternate 
members. Nominee(s) for major cooperative member and major cooperative 
alternate member shall represent growers from each of the marketing 
order districts designated in Sec. 929.20.
    (2) A seventh major cooperative member shall be referred to as the 
major cooperative member-at-large. The major cooperative member-at-large 
may be nominated from any of the marketing order districts.
    (3) Six qualified persons for members and four qualified persons for 
alternate members of the committee shall be nominated by those growers 
who market their cranberries through entities other than the major 
cooperative marketing organization. Nominees for member and alternate 
member representing entities other than the major cooperative marketing 
organization shall represent growers from each of the marketing order 
districts as designated in Sec. 929.20(c).
    (d) Whenever any major cooperative marketing organization handles 50 
percent or less of the total volume of cranberries produced during the 
fiscal period in which nominations for membership on the committee are 
made, the major cooperative or growers affiliated therewith, shall 
nominate:
    (1) Six qualified persons for major cooperative members and four 
qualified persons for major cooperative alternate members of the 
committee. Nominees for member and alternate member shall represent 
growers from each of the marketing order districts as designated in 
Sec. 929.20(c).
    (2) Six qualified persons for members and four qualified persons for 
alternate members of the committee shall be

[[Page 235]]

nominated by those growers who market their cranberries through entities 
other than the major cooperative marketing organization. Nominees for 
member and alternate member shall represent growers from each of the 
marketing order districts as designated in Sec. 929.20(c).
    (3) A seventh member nominee shall be referred to as the member-at-
large representing entities other than the major cooperative marketing 
organization. The member-at-large may be nominated from any of the 
marketing order districts.
    (e) Nominations of qualified member nominees representing entities 
other than the major cooperative marketing organization shall be made 
through a call for nominations sent to all eligible growers residing 
within each of the marketing order districts. The call for such 
nominations shall be by such means as are recommended by the committee 
and approved by the Secretary.
    (1) The names of all eligible nominees from each district received 
by the committee, by such date and in such form as recommended by the 
committee and approved by the Secretary, will appear on the nomination 
ballot for that district.
    (2) Election of the member nominees and alternate member nominees 
shall be conducted by mail ballot.
    (3) Eligible growers shall participate in the election of nominees 
from the district in which they reside.
    (4) When voting for member nominees, each eligible grower shall be 
entitled to cast one vote on behalf of him/herself.
    (5) The nominee receiving the highest number of votes cast in 
districts two and four shall be the member nominee representing entities 
other than the major cooperative marketing organization from that 
district. The nominee receiving the second highest number of votes cast 
in districts two and four shall be the alternate member representing 
entities other than the major cooperative marketing organization from 
that district.
    (6) The nominees receiving the highest and second highest number of 
votes cast in districts one and three shall be the member nominees 
representing entities other than the major cooperative marketing 
organization from that district. The nominee receiving the third highest 
number of votes cast in districts one and three shall be the alternate 
member representing entities other than the major cooperative marketing 
organization from that district.
    (f) Nominations for the member-at-large representing entities other 
than the major cooperative marketing organization shall be made through 
a call for nominations sent to all eligible growers residing within the 
marketing order districts. The call for such nominations shall be by 
such means as recommended by the committee and approved by the 
Secretary.
    (1) Election of the member-at-large shall be held by mail ballot 
sent to all eligible growers in the marketing order districts by such 
date and in such form as recommended by the committee and approved by 
the Secretary.
    (2) Eligible growers casting ballots may vote for a member-at-large 
nominee from marketing order districts other than where they produce 
cranberries.
    (3) When voting for the member-at-large nominee, each eligible 
grower shall be entitled to cast one vote on behalf of him/herself.
    (4) The nominee receiving the highest number of votes cast shall be 
designated the member-at-large nominee representing entities other than 
the major cooperative marketing organization. The nominee receiving the 
second highest number of votes cast shall be declared the alternate 
member-at-large nominee representing entities other than the major 
cooperative marketing organization.
    (g) The committee may request that growers provide their federal tax 
identification number(s) in order to determine voting eligibility.
    (h) The names and addresses of all successor member nominees shall 
be submitted to the Secretary for selection no later than July 1 of each 
even-numbered year.
    (i) The committee, with the approval of the Secretary, may issue 
rules and regulations to carry out the provisions or to change the 
procedures of this section.

[69 FR 18807, Apr. 9, 2004]

[[Page 236]]



Sec. 929.23  Selection.

    (a) From nominations made pursuant to Sec. 929.22(b), the Secretary 
shall select members and alternate members to the committee on the basis 
of the representation provided for in Sec. 929.20 and in paragraph (b) 
or (c) of this section.
    (b) Whenever any cooperative marketing organization handles more 
than 50 percent of the total volume of cranberries produced during the 
fiscal year in which nominations for membership on the committee are 
made, the Secretary shall select:
    (1) Six major cooperative members and four major cooperative 
alternate members from nominations made pursuant to Sec. 929.22(c)(1).
    (2) One major cooperative member-at-large from nominations made 
pursuant to Sec. 929.22(c)(2), and
    (3) Six members and four alternate members from growers who market 
their cranberries through other than the major cooperative marketing 
organization made pursuant to Sec. 929.22(c)(3).
    (c) Whenever any major cooperative marketing organization handles 50 
percent or less of the total volume of cranberries produced during the 
fiscal year in which nominations for membership on the committee are 
made, the Secretary shall select:
    (1) Six major cooperative members and four major cooperative 
alternate members from nominations made pursuant to Sec. 929.22(d)(1).
    (2) Six members and four alternate members from nominations made 
pursuant to Sec. 929.22(d)(2).
    (3) One member-at-large representing entities other than the major 
cooperative marketing organization from nominations made pursuant to 
Sec. 929.22(d)(3).

[69 FR 18808, Apr. 9, 2004]



Sec. 929.24  Failure to nominate.

    If nominations are not made within the time and in the manner 
prescribed in Sec. 929.22, the Secretary may, without regard to 
nominations, select the members and alternate members of the committee 
on the basis of representation provided for in Sec. Sec. 929.20 and 
929.23.



Sec. 929.25  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. 929.26  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 Sec. Sec. 929.22 
and 929.23. 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. Sec. 929.20 and 929.23.



Sec. 929.27  Alternate members.

    An alternate member of the committee shall act in the place and 
stead of a member during the absence of such member and may perform such 
other duties as assigned. In the event of the death, removal, 
resignation, or disqualification of a member, an alternate shall act for 
him/her until a successor for such member is selected and has qualified. 
In the event both a member and alternate member from the same marketing 
order district are unable to attend a committee meeting, the committee 
may designate any other alternate member to serve in such member's place 
and stead at that meeting provided that:
    (a) An alternate member representing the major cooperative shall not 
serve in place of a member representing other than the major cooperative 
or the public member.
    (b) An alternate member representing other than the major 
cooperative shall not serve in place of a major cooperative member or 
the public member.

[[Page 237]]

    (c) A public alternate member shall not serve in place of any 
industry member.

[69 FR 18808, Apr. 9, 2004]



Sec. 929.28  Redistricting and Reapportionment.

    (a) The committee, with the approval of the Secretary, may 
reestablish districts within the production area and reapportion 
membership among the districts. In recommending such changes, the 
committee shall give consideration to:
    (1) The relative volume of cranberries produced within each 
district.
    (2) The relative number of cranberry producers within each district.
    (3) Cranberry acreage within each district.
    (4) Other relevant factors.
    (b) The committee may establish, with the approval of the Secretary, 
rules and regulations for the implementation and operation of this 
section.

[70 FR 7641, Feb. 15, 2005]



Sec. 929.30  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. 929.31  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 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 cranberries;
    (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; and
    (k) To investigate compliance with the provisions of this part.



Sec. 929.32  Procedure.

    (a) Ten members of the committee, or alternates acting for members, 
shall constitute a quorum. All actions of the committee shall require at 
least ten concurring votes: Provided, if the public member or the public 
alternate member acting in the place and stead of the public member, is 
present at a meeting, then eleven members shall constitute a quorum. Any 
action of the committee on which the public member votes shall require 
eleven concurring votes. If the public member abstains from voting on 
any particular matter, ten concurring votes shall be required for an 
action of the committee.
    (b) The committee may vote by mail, telephone, fax, telegraph, or 
other electronic means; Provided that any votes cast by telephone shall 
be confirmed promptly in writing. Voting by proxy, mail, telephone, fax, 
telegraph, or other electronic means shall not be

[[Page 238]]

permitted at any assembled meeting of the committee.
    (c) All assembled meetings of the committee shall be open to growers 
and handlers. The committee shall publish notice of all meetings in such 
manner as it deems appropriate.

[69 FR 18808, Apr. 9, 2004]



Sec. 929.33  Expenses and compensation.

    The members of the committee, and alternates when acting as members, 
shall serve without compensation but shall be reimbursed for necessary 
expenses, as approved by the committee, incurred by them in the 
performance of their duties under this part. 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.

                        Expenses and Assessments



Sec. 929.40  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 hereof. The funds 
to cover such expenses shall be paid to the committee by handlers in the 
manner prescribed in Sec. 929.41.



Sec. 929.41  Assessments.

    (a) As a handler's pro rate share of the expenses which the 
Secretary finds are reasonable and likely to be incurred by the 
committee during a fiscal period, a handler shall pay to the committee 
assessments on all cranberries acquired as the first handler thereof 
during such period, except as provided in Sec. 929.55: Provided, That 
no handler shall pay assessments on excess cranberries as provided in 
Sec. 929.57. 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 handler during a fiscal period in an amount designated to secure 
funds sufficient 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 assessment rate in 
order to secure funds sufficient to cover any later finding by the 
Secretary relative to the expenses which may be incurred. Such increase 
shall be applied to all cranberries acquired 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 year, before 
sufficient operating income is available from assessments, the committee 
may accept the payment of assessments in advance and may also borrow 
money for such purposes.
    (c) If a handler does not pay such assessment within the period of 
time prescribed by the committee, the assessment may be increased by 
either a late payment charge, or an interest charge, or both, at rates 
prescribed by the committee, with the approval of the Secretary.

[57 FR 38748, Aug. 27, 1992]



Sec. 929.42  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 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, it shall be 
refunded proportionately to the handlers from whom the excess 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

[[Page 239]]

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.

                                Research



Sec. 929.45  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 market development projects, including paid advertising, 
designed to assist, improve, or promote the marketing, distribution, 
consumption, or efficient production of cranberries. The expense of such 
projects shall be paid from funds collected pursuant to Sec. 929.41, or 
from such other funds as approved by the Secretary.
    (b) The committee may, with the approval of the Secretary, establish 
rules and regulations as necessary for the implementation and operation 
of this section.

[57 FR 38748, Aug. 27, 1992, as amended at 70 FR 7641, Feb. 15, 2005]

                               Regulations



Sec. 929.46  Marketing policy.

    Each season prior to making any recommendation pursuant to Sec. 
929.51, the committee shall submit to the Secretary a report setting 
forth its marketing policy for the crop year. Such marketing policy 
shall contain the following information for the current crop year:
    (a) The estimated total production of cranberries;
    (b) The expected general quality of such cranberry production;
    (c) The estimated carryover, as of September 1, of frozen 
cranberries and other cranberry products;
    (d) The expected demand conditions for cranberries in different 
market outlets;
    (e) The recommended desirable total marketable quantity of 
cranberries including a recommended adequate carryover into the 
following crop year of frozen cranberries and other cranberry products;
    (f) Other factors having a bearing on the marketing of cranberries.

[70 FR 7641, Feb. 15, 2005]



Sec. 929.48  Sales history.

    (a) A sales history for each grower shall be computed by the 
committee in the following manner:
    (1) For growers with acreage with 6 or more years of sales history, 
the sales history shall be computed using an average of the highest four 
of the most recent six years of sales.
    (2) For growers with 5 years of sales history from acreage planted 
or replanted 2 years prior to the first harvest on that acreage, the 
sales history is computed by averaging the highest 4 of the 5 years.
    (3) For growers with 5 years of sales history from acreage planted 
or replanted 1 year prior to the first harvest on that acreage, the 
sales history is computed by averaging the highest 4 of the 5 years and 
in a year prior to a year of a producer allotment volume regulation 
shall be adjusted as provided in paragraph (a)(6) of this section.
    (4) For a grower with 4 years or less of sales history, the sales 
history shall be computed by dividing the total sales from that acreage 
by 4 and in a year prior to a year of a producer allotment volume 
regulation shall be adjusted as provided in paragraph (a)(6) of this 
section.
    (5) For growers with acreage having no sales history, or for the 
first harvest of replanted acres, the sales history will be the average 
first year yields (depending on whether first harvested 1 or 2 years 
after planting or replanting) as established by the committee and 
multiplied by the number of acres.
    (6) In a year prior to a year of a producer allotment volume 
regulation, in addition to the sales history computed in accordance with 
paragraphs (a)(3) and (a)(4) of this section, additional sales history 
shall be assigned to growers using the formula x=(a-b)c. The letter 
``x'' constitutes the additional number of barrels to be added to the

[[Page 240]]

grower's sales history. The value ``a'' is the expected yield for the 
forthcoming year harvested acreage as established by the committee. The 
value ``b'' is the total sales from that acreage as established by the 
committee divided by four. The value ``c'' is the number of acres 
planted or replanted in the specified year. For acreage with five years 
of sales history: a = the expected yield for the forthcoming sixth year 
harvested acreage (as established by the committee); b = an average of 
the most recent 4 years of expected yields (as established by the 
committee); and c = the number of acres with 5 years of sales history.
    (b) A new sales history shall be calculated for each grower after 
each crop year, using the formulas established in paragraph (a) of this 
section, or such other formula(s) as determined by the committee, with 
the approval of the Secretary.
    (c) The committee, with the approval of the Secretary, may adopt 
regulations to change the number and identity of years to be used in 
computing sales histories, including the number of years to be used in 
computing the average. The committee may establish, with the approval of 
the Secretary, rules and regulations necessary for the implementation 
and operation of this section.
    (d) Sales histories, starting with the crop year following adoption 
of this part, shall be calculated separately for fresh and processed 
cranberries. The amount of fresh fruit sales history may be calculated 
based on either the delivered weight of the barrels paid for by the 
handler (excluding trash and unusable fruit) or on the weight of the 
fruit paid for by the handler after cleaning and sorting for the retail 
market. Handlers using the former calculation shall allocate delivered 
fresh fruit subsequently used for processing to growers' processing 
sales. Fresh fruit sales history, in whole or in part, may be added to 
process fruit sales history with the approval of the committee in the 
event that the grower's fruit does not qualify as fresh fruit at 
delivery.
    (e) The committee may recommend rules and regulations, with the 
approval of the Secretary, to adjust a grower's sales history to 
compensate for catastrophic events that impact the grower's crop.

[70 FR 7641, Feb. 15, 2005]



929.49  Marketable quantity, allotment percentage, and annual allotment.

    (a) Marketable quantity and allotment percentage. If the Secretary 
finds, from the recommendation of the committee or from other available 
information, that limiting the quantity of cranberries purchased from or 
handled on behalf of growers during a crop year would tend to effectuate 
the declared policy of the Act, the Secretary shall determine and 
establish a marketable quantity for that crop year.
    (b) The marketable quantity shall be apportioned among growers by 
applying the allotment percentage to each grower's sales history, 
established pursuant to Sec. 929.48. Such allotment percentage shall be 
established by the Secretary and shall equal the marketable quantity 
divided by the total of all growers' sales histories including the 
estimated total sales history for new growers. Except as provided in 
paragraph (g) of this section, no handler shall purchase or handle on 
behalf of any grower cranberries not within such grower's annual 
allotment.
    (c) In any crop year in which the production of cranberries is 
estimated by the committee to be equal to or less than its recommended 
marketable quantity, the committee may recommend that the Secretary 
increase or suspend the allotment percentage applicable to that year. In 
the event it is found that market demand is greater than the marketable 
quantity previously set, the committee may recommend that the Secretary 
increase such quantity.
    (d) Issuance of annual allotments. The committee shall require all 
growers to qualify for such allotment by filing with the committee a 
form wherein growers include the following information:
    (1) The amount of acreage which will be harvested;
    (2) A copy of any lease agreement covering cranberry acreage;
    (3) The name of the handler(s) to whom their annual allotment will 
be delivered;

[[Page 241]]

    (4) Such other information as may be necessary for the 
implementation and operation of this section.
    (e) On or before such date as determined by the committee, with the 
approval of the Secretary, the committee shall issue to each grower an 
annual allotment determined by applying the allotment percentage 
established pursuant to paragraph (b) of this section to the grower's 
sales history.
    (f) On or before such date as determined by the committee, with the 
approval of the Secretary, in which an allotment percentage is 
established by the Secretary, the committee shall notify each handler of 
the annual allotment that can be handled for each grower whose total 
crop will be delivered to that handler. In cases where a grower delivers 
a crop to more than one handler, the grower must specify how the annual 
allotment will be apportioned among the handlers. If a grower does not 
specify how their annual allotment is to be apportioned among the 
handlers, the Committee will apportion such annual allotment equally 
among those handlers they are delivering their crop to.
    (g) Growers who do not produce cranberries equal to their computed 
annual allotment shall transfer their unused allotment to such growers' 
handlers unless it is transferred to another grower in accordance with 
Sec. 929.50(b) or if it is not assigned in accordance with paragraph 
(i) of this section. The handler shall equitably allocate the unused 
annual allotment to growers with excess cranberries who deliver to such 
handler. Unused annual allotment remaining after all such transfers have 
occurred shall be reported and transferred to the committee by such date 
as established by the committee with the approval of the Secretary.
    (h) Handlers who receive cranberries more than the sum of their 
growers' annual allotments have ``excess cranberries,'' pursuant to 
Sec. 929.59, and shall so notify the committee. Handlers who have 
remaining unused allotment pursuant to paragraph (g) of this section are 
``deficient'' and shall so notify the committee. The committee shall 
allocate unused allotment to all handlers having excess cranberries, 
proportional to each handler's total allotment.
    (i) Growers who decide not to grow a crop, during any crop year in 
which a volume regulation is in effect, may choose not to assign their 
allotment to a handler.
    (j) The committee may establish, with the approval of the Secretary, 
rules and regulations necessary for the implementation and operation of 
this section.

[70 FR 7641, Feb. 15, 2005]



Sec. 929.50  Transfers of Sales Histories and Annual Allotments.

    (a) Leases and sales of cranberry acreage--(1) Total or partial 
lease of cranberry acreage. When total or partial lease of cranberry 
acreage occurs, sales history attributable to the acreage being leased 
shall remain with the lessor.
    (2) Total sale of cranberry acreage. When there is a sale of a 
grower's total cranberry producing acreage, the committee shall transfer 
all owned acreage and all associated sales history to such acreage to 
the buyer. The seller and buyer shall file a sales transfer form 
providing the committee with such information as may be requested so 
that the buyer will have immediate access to the sales history 
computation process.
    (3) Partial sale of cranberry acreage. When less than the total 
cranberry producing acreage is sold, sales history associated with that 
portion of the acreage being sold shall be transferred with the acreage. 
The seller shall provide the committee with a sales transfer form 
containing, but not limited to the distribution of acreage and the 
percentage of sales history, as defined in Sec. 929.48(a)(1), 
attributable to the acreage being sold.
    (4) No sale of cranberry acreage shall be recognized unless the 
committee is notified in writing.
    (b) Allotment transfers. During a year of volume regulation, a 
grower may transfer all or part of his/her allotment to another grower. 
If a lease is in effect the lessee shall receive allotment from lessor 
attributable to the acreage leased. Provided, That the transferred 
allotment shall remain assigned to the same handler and that the 
transfer shall take place prior to a date to be recommended by the 
Committee and

[[Page 242]]

approved by the Secretary. Transfers of allotment between growers having 
different handlers may occur with the consent of both handlers.
    (c) The committee may establish, with the approval of the Secretary, 
rules and regulations, as needed, for the implementation and operation 
of this section.

[70 FR 7642, Feb. 15, 2005]



Sec. 929.51  Recommendations for regulation.

    (a) Except as otherwise provided in paragraph (b) of this section, 
if the committee deems it advisable to regulate the handling of 
cranberries in the manner provided in Sec. 929.52, it shall so 
recommend to the Secretary by the following appropriate dates:
    (1) An allotment percentage regulation must be recommended by no 
later than March 1;
    (2) A handler withholding program must be recommended by not later 
than August 31. Such recommendation shall include the free and 
restricted percentages for the crop year;
    (3) If both programs are recommended in the same year, the Committee 
shall submit with its recommendation an economic analysis to the USDA 
prior to March 1 of the year in which the programs are recommended.
    (b) An exception to the requirement in paragraph (a)(1) of this 
section may be made in a crop year in which, due to unforeseen 
circumstances, a producer allotment regulation is deemed necessary 
subsequent to the March 1 deadline.
    (c) 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 of 
and demand for cranberries during the period when it is proposed that 
such regulation should be imposed. With each such recommendation for 
regulation, the committee shall submit to the Secretary the data and 
information on which such recommendation is based and any other 
information the Secretary may request.

[70 FR 7642, Feb. 15, 2005]



Sec. 929.52  Issuance of regulations.

    (a) The Secretary shall regulate, in the manner specified in this 
section, the handling of cranberries whenever the Secretary 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 shall limit 
the total quantity of cranberries which may be handled during any fiscal 
period by fixing the free and restricted percentages, applied to 
cranberries acquired by handlers in accordance with Sec. 929.54, and/or 
by establishing an allotment percentage in accordance with Sec. 929.49.
    (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.

[70 FR 7643, Feb. 15, 2005]



Sec. 929.53  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. 929.52 
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 in order to effectuate the declared policy of the act, he 
shall modify, suspend, or terminate such regulation: Provided, That no 
such modification shall increase the restricted percentage previously 
established for the then current fiscal year. 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.



Sec. 929.54  Withholding.

    (a) Whenever the Secretary has fixed the free and restricted 
percentages for any fiscal period, as provided for in Sec. 929.52(a), 
each handler shall withhold from handling a portion of the cranberries 
acquired during such period. The withheld portion shall be equal to

[[Page 243]]

the restricted percentage multiplied by the volume of marketable 
cranberries acquired. Such withholding requirements shall not apply to 
any lot of cranberries for which such withholding requirement previously 
has been met by another handler in accordance with Sec. 929.55.
    (b) The committee, with the approval of the Secretary, shall 
prescribe the manner in which, and date or dates during the fiscal 
period by which, handlers shall have complied with the withholding 
requirements specified in paragraph (a) of this section.
    (c) Withheld cranberries may meet such standards of grade, size, 
quality, or condition as the committee, with the approval of the 
Secretary, may prescribe. The Federal or Federal-State Inspection 
Service may inspect all such cranberries. A certificate of such 
inspection shall be issued which shall include the name and address of 
the handler, the number and type of containers in the lot, the location 
where the lot is stored, identification marks (including lot stamp, if 
used), and the quantity of cranberries in such lot that meet the 
prescribed standards. Promptly after inspection and certification, each 
such handler shall submit to the committee a copy of the certificate of 
inspection issued with respect to such cranberries.
    (d) Any handler who withholds from handling a quantity of 
cranberries in excess of that required pursuant to paragraph (a) of this 
section shall have such excess quantity credited toward the next fiscal 
year's withholding obligation, if any--provided that such credit shall 
be applicable only if the restricted percentage established pursuant to 
Sec. 929.52 was modified pursuant to Sec. 929.53; to the extent such 
excess was disposed of prior to such modification; and after such 
handler furnishes the committee with such information as it prescribes 
regarding such withholding and disposition.
    (e) The Committee, with the approval of the Secretary, may establish 
rules and regulations necessary and incidental to the administration of 
this section.

[70 FR 7643, Feb. 15, 2005]



Sec. 929.55  Interhandler transfer.

    (a) Transfer of cranberries from one handler to another may be made 
without prior notice to the committee, except during a period when a 
volume regulation has been established. If such transfer is made between 
handlers who have packing or processing facilities located within the 
production area, the assessment and withholding obligations provided 
under this part shall be assumed by the handler who agrees to meet such 
obligation. If such transfer is to a handler whose packing or processing 
facilities are outside of the production area, such assessment and 
withholding obligation shall be met by the handler residing within the 
production area.
    (b) All handlers shall report all such transfers to the committee on 
a form provided by the committee four times a year or at other such 
times as may be recommended by the committee and approved by the 
Secretary.
    (c) The committee may establish, with the approval of the Secretary, 
rules and regulations necessary for the implementation and operation of 
this section.

[38 FR 29801, Oct. 29, 1973, as amended at 57 FR 38750, Aug. 27, 1992]



Sec. 929.56  Special provisions relating to withheld (restricted) 
cranberries.

    (a) A handler shall make a written request to the committee for the 
release of all or part of the cranberries that the handler is 
withholding from handling pursuant to Sec. 929.54(a). Each request 
shall state the quantity of cranberries for which release is requested 
and shall provide such additional information as the committee may 
require. Handlers may replace the quantity of withheld cranberries 
requested for release as provided under either paragraph (b) or (c) of 
this section.
    (b) The handler may contract with another handler for an amount of 
free cranberries to be converted to restricted cranberries that is equal 
to the volume of cranberries that the handler wishes to have converted 
from his own restricted cranberries to free cranberries.

[[Page 244]]

    (1) The handlers involved in such an agreement shall provide the 
committee with such information as may be requested prior to the release 
of any restricted cranberries.
    (2) The committee shall establish guidelines to ensure that all 
necessary documentation is provided to the committee, including but not 
limited to, the amount of cranberries being converted and the identities 
of the handlers assuming the responsibility for withholding and 
disposing of the free cranberries being converted to restricted 
cranberries.
    (3) Cranberries converted to replace released cranberries may be 
required to be inspected and meet such standards as may be prescribed 
for withheld cranberries prior to disposal.
    (4) Transactions and agreements negotiated between handlers shall 
include all costs associated with such transactions including the 
purchase of the free cranberries to be converted to restricted 
cranberries and all costs associated with inspection (if applicable) and 
disposal of such restricted cranberries. No costs shall be incurred by 
the committee other than for the normal activities associated with the 
implementation and operation of a volume regulation program.
    (5) Free cranberries belonging to one handler and converted to 
restricted cranberries on the behalf of another handler shall be 
reported to the committee in such manner as prescribed by the committee.
    (c) Except as otherwise directed by the Secretary, as near as 
practicable to the beginning of the marketing season of each fiscal 
period with respect to which the marketing policy proposes regulation 
pursuant to Sec. 929.52(a), the committee shall determine the amount 
per barrel each handler shall deposit with the committee for it to 
release to him, in accordance with this section, all or part of the 
cranberries he is withholding; and the committee shall give notice of 
such amount of deposit to handlers. Such notice shall state the period 
during which such amount of deposit shall be in effect. Whenever the 
committee determines that, by reason of changed conditions or other 
factors, a different amount should therefore be deposited for the 
release of withheld cranberries, it shall give notice to handlers of the 
new amount and the effective period thereof. Each determination as to 
the amount of deposit shall be on the basis of the committee's 
evaluation of the following factors:
    (1) The prices at which growers are selling cranberries to handlers,
    (2) The prices at which handlers are selling fresh market 
cranberries to dealers,
    (3) The prices at which cranberries are being sold for processing in 
products,
    (4) The prices at which handlers are selling cranberry concentrate,
    (5) The prices the committee has paid to purchase cranberries to 
replace released cranberries in accordance with this section, and
    (6) The costs incurred by growers in producing cranberries.
    (7) Each request for release of withheld cranberries shall include, 
in addition to all other information as may be prescribed by the 
committee, the quantity of cranberries the release is requested and 
shall be accompanied by a deposit (a cashier's or certified check made 
payable to the Cranberry Marketing Committee) in an amount equal to the 
twenty percent of the amount determined by multiplying the number of 
barrels stated in the request by the then effective amount per barrel as 
determined in paragraph (c).
    (8) Subsequent deposits equal to, but not less than, the ten percent 
of the remaining outstanding balance shall be payable to the committee 
on a monthly basis commencing on January 1, and concluding by no later 
than August 31 of the fiscal period.
    (9) If the committee determines such a release request is properly 
filled out, is accompanied by the required deposit, and contains a 
certification that the handler is withholding such cranberries, it shall 
release to such handler the quantity of cranberries specified in his 
request.
    (d) Funds deposited for the release of withheld cranberries, 
pursuant to paragraph (c) of this section, shall be used by the 
committee to purchase from handlers unrestricted (free percentage) 
cranberries in an aggregate amount as nearly equal to, but not in excess 
of,

[[Page 245]]

the total quantity of the released cranberries as it is possible to 
purchase to replace the released cranberries.
    (e) All handlers shall be given an equal opportunity to participate 
in such purchase of unrestricted (free percentage) cranberries. If a 
larger quantity is offered than can be purchased, the purchases shall be 
made at the lowest price possible. If two or more handlers offer 
unrestricted (free percentage) cranberries at the same price, purchases 
from such handlers shall be in proportion to the quantity of their 
respective offerings insofar as such division is practicable. The 
committee shall dispose of cranberries purchased as restricted 
cranberries in accordance with Sec. 929.57. Any funds received by the 
committee for cranberries so disposed of, which are in excess of the 
costs incurred by the committee in making such disposition, will accrue 
to the committee's general fund.
    (f) In the event any portion of the funds deposited with the 
committee pursuant to paragraph (c) of this section cannot, for reasons 
beyond the committee's control, be expended to purchase unrestricted 
(free percentage) cranberries to replace those withheld cranberries 
requested to be released, such unexpended funds shall, after deducting 
expenses incurred by the committee, be refunded to the handler who 
deposited the funds. The handler shall equitably distribute such refund 
among the growers delivering to such handler.
    (g) Inspection for restricted (withheld) cranberries released to a 
handler is not required.
    (h) The committee may establish, with the approval of the Secretary, 
rules and regulations for the implementation of this section. Such rules 
and regulations may include, but are not limited to, revisions in the 
payment schedule specified in paragraphs (c)(7) and (c)(8) of this 
section.

[70 FR 7643, Feb. 15, 2005]



Sec. 929.57  Outlets for restricted cranberries.

    (a) Except as provided in this section and in Sec. 929.56, 
cranberries withheld from handling may be disposed of only through 
diversion to such outlets as the committee, with the approval of the 
Secretary, finds are noncompetitive to outlets for unrestricted (free 
percentage) cranberries.
    (b) The storage and disposition of all cranberries withheld from 
handling shall be subject to the supervision and accounting control of 
the committee.



Sec. 929.58  Exemptions.

    (a) Upon the basis of the recommendation and information submitted 
by the committee, or from other available information, the Secretary may 
relieve from any or all requirements pursuant to this part the handling 
of cranberries in such minimum quantities as the committee, with the 
approval of the Secretary, may prescribe.
    (b) Upon the basis of the recommendation and information submitted 
by the committee, or from other available information, the Secretary may 
relieve from any or all requirements pursuant to this part the handling 
of such forms or types of cranberries as the committee, with the 
approval of the Secretary, may prescribe. Forms of cranberries could 
include cranberries intended for fresh sales or organically grown 
cranberries.
    (c) The committee, with the approval of the Secretary, shall 
prescribe such rules, regulations, and safeguards as it may deem 
necessary to ensure that cranberries handled under the provisions of 
this section are handled only as authorized.

[70 FR 7644, Feb. 15, 2005]



Sec. 929.59  Excess cranberries.

    (a) Whenever the Secretary establishes an allotment percentage 
pursuant to Sec. 929.52, handlers shall be notified by the committee of 
such allotment percentage and shall withhold from handling such 
cranberries in excess of the total of their growers' annual allotments 
obtained during such period. Such withheld cranberries shall be defined 
as ``excess cranberries'' after all unused allotment has been allocated.
    (1) Excess cranberries received by a handler shall be made available 
for inspection by the committee or its representatives from the time 
they are received until final disposition is completed. Such excess 
cranberries shall be

[[Page 246]]

identified in such manner as the committee may specify in its rules and 
regulations with the approval of the Secretary.
    (2) All matters dealing with handler-held excess cranberries shall 
be in accordance with such rules and regulations established by the 
committee, with the approval of the Secretary.
    (b) Prior to January 1, or such other date as recommended by the 
committee and approved by the Secretary, handlers holding excess 
cranberries shall submit to the committee a written plan outlining 
procedures for the systematic disposal of such cranberries in the 
outlets prescribed in Sec. 929.61.
    (c) Prior to March 1, or such other date as recommended by the 
committee and approved by the Secretary, all excess cranberries shall be 
disposed of pursuant to Sec. 929.61.

[57 FR 38750, Aug. 27, 1992]

                           Reports and Records



Sec. 929.60  Handling for special purposes.

    Regulations in effect pursuant to Sec. Sec. 929.10, 929.41, 
929.47, 929.48, 929.49, 929.51, 929.52, or 929.53 or any combination 
thereof, may be modified, suspended, or terminated to facilitate 
handling of excess cranberries for the following purposes:
    (a) Charitable institutions;
    (b) Research and development projects described pursuant to Sec. 
929.61;
    (c) Any nonhuman food use;
    (d) Foreign markets, except Canada; and
    (e) Other purposes which may be recommended by the committee and 
approved by the Secretary.

[57 FR 38750, Aug. 27, 1992]



Sec. 929.61  Outlets for excess cranberries.

    (a) Noncommercial outlets. Excess cranberries may be disposed of in 
noncommercial outlets that the committee finds, with the approval of the 
Secretary, meet the requirements outlined in paragraph (c) of this 
section. Noncommercial outlets include, but are not limited to:
    (1) Charitable institutions; and
    (2) Research and development projects.
    (b) Noncompetitive outlets. Excess cranberries may be sold in 
outlets that the committee finds, with the approval of the Secretary, 
are noncompetitive with established markets for regulated cranberries 
and meet the requirements outlined in paragraph (c) of this section. 
Noncompetitive outlets include but are not limited to:
    (1) Any nonhuman food use; and
    (2) Other outlets established by the committee with the approval of 
the Secretary.
    (c) Requirements. The handler disposing of or selling excess 
cranberries into noncompetitive or noncommercial outlets shall meet the 
following requirements, as applicable:
    (1) Charitable institutions. A statement from the charitable 
institution shall be submitted to the committee showing the quantity of 
cranberries received and certifying that the institution will consume 
the cranberries;
    (2) Research and development projects. A report shall be given to 
the committee describing the project, quantity of cranberries 
contributed, and date of disposition;
    (3) Nonhuman food use. Notification shall be given to the committee 
at least 48 hours prior to such disposition;
    (4) Other outlets established by the committee with the approval of 
the Secretary. A report shall be given to the committee describing the 
project, quantity of cranberries contributed, and date of disposition.
    (d) The storage and disposition of all excess cranberries withheld 
from handling shall be subject to the supervision and accounting control 
of the committee.
    (e) The committee, with the approval of the Secretary, may establish 
rules and regulations for the implementation and operation of this 
section.

[70 FR 7644, Feb. 15, 2005]



Sec. 929.62  Reports.

    (a) Grower report. Each grower shall file a report with the 
committee by January 15 of each crop year, or such other date as 
determined by the committee, with the approval of the Secretary, 
indicating the following:
    (1) Total acreage harvested and whether owned or leased.

[[Page 247]]

    (2) Total commercial cranberry sales in barrels from such acreage.
    (3) Amount of acreage either in production, but not harvested or 
taken out of production and the reason(s) why.
    (4) Amount of new or replanted acreage coming into production.
    (5) Name of the handler(s) to whom commercial cranberry sales were 
made.
    (6) Such other information as may be needed for implementation and 
operation of this section.
    (b) Inventory. Each handler engaged in the handling of cranberries 
or cranberry products shall, upon request of the committee, file 
promptly with the committee a certified report, showing such information 
as the committee shall specify with respect to any cranberries and 
cranberry products which were held by them on such date as the committee 
may designate.
    (c) Receipts. Each handler shall, upon request of the committee, 
file promptly with the committee a certified report as to each quantity 
of cranberries acquired during such period as may be specified, and the 
place of production.
    (d) Handling reports. Each handler shall, upon request of the 
committee, file promptly with the committee a certified report as to the 
quantity of cranberries handled during any designated period or periods.
    (e) Withheld and excess cranberries. Each handler shall, upon 
request of the committee, file promptly with the committee a certified 
report showing, for such period as the committee may specify, the total 
quantity of cranberries withheld from handling or held in excess, in 
accordance with Sec. Sec. 929.49 and 929.54, the portion of such 
withheld or excess cranberries on hand, and the quantity and manner of 
disposition of any such withheld or excess cranberries disposed of.
    (f) Other reports. Upon the request of the committee, with the 
approval of the Secretary, each handler shall furnish to the committee 
such other information with respect to the cranberries and cranberry 
products acquired and disposed of by such person as may be necessary to 
enable the committee to exercise its powers and perform its duties under 
this part.
    (g) The committee may establish, with the approval of the Secretary, 
rules and regulations for the implementation and operation of this 
section.

[70 FR 7644, Feb. 15, 2005]



Sec. 929.63  Records.

    Each handler shall maintain such records of all cranberries 
acquired, withheld from handling, handled, and otherwise disposed of as 
will substantiate the required reports and as may be prescribed by the 
committee. All such records shall be maintained for not less than three 
years after the termination of the crop year in which the transactions 
occurred or for such lesser period as the committee may direct.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.64  Verification of reports and records.

    The committee, through its duly authorized agents, during reasonable 
business hours, shall have access to any handler's premises where 
applicable records are maintained for the purpose of assuring compliance 
and checking and verifying records and reports filed by such handler.

[70 FR 7645, Feb. 15, 2005]



Sec. 929.65  Confidential information.

    All reports and records furnished or submitted by handlers to the 
committee and its authorized agents which include data or information 
constituting a trade secret or disclosing the trade position, financial 
condition, or business operations of the particular handler from whom 
received, shall be received by and at all times kept in the custody and 
under the control of one or more employees of the committee, who shall 
disclose such information to no person other than the Secretary.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]

                        Miscellaneous Provisions



Sec. 929.66  Compliance.

    Except as provided in this part, no person shall handle cranberries, 
the handling of which has been prohibited by the Secretary in accordance 
with the provisions of this part; and no person shall acquire or handle 
cranberries

[[Page 248]]

except in conformity with the provisions of this part and the 
regulations issued hereunder.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.67  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.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.68  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. 929.68.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.69  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 or 
all of the provisions of this part whenever he finds that such 
provisions do not tend to effectuate the declared policy of the act.
    (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 fiscal year, produced more than 50 percent of the 
volume of the cranberries which were produced within the production 
area. Such termination shall become effective on the last day of July 
subsequent to the announcement thereof by the Secretary.
    (d) The Secretary shall conduct a referendum during the month of May 
1975 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 during the month of May of every fourth 
year thereafter.
    (e) The provisions of this part shall, in any event, terminate 
whenever the provisions of the act authorizing them cease to be 
effective.

[27 FR 8101, Aug. 15, 1962, as amended at 33 FR 11642, Aug. 16, 1968. 
Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.70  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.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.71  Effect of termination or amendment.

    Unless otherwise expressly provided by the Secretary, the 
termination of this part or of any regulation issued

[[Page 249]]

pursuant to this part, or the issuance of any amendment to either 
thereof, shall not (a) affect or waive any right, duty, obligation, or 
liability which shall have arisen or which may thereafter arise in 
connection with any provision of this part or any regulation issued 
hereunder, or (b) release or extinguish any violation of this part or 
any regulation issued hereunder, or (c) affect or impair any rights or 
remedies of the Secretary or of any other person with respect to any 
such violation.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.72  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.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.73  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.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.74  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.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.75  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 ommission, as such member, alternate, employee, or agent, 
except for acts of dishonesty, willful misconduct, or gross negligence.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



Sec. 929.76  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.

[27 FR 8101, Aug. 15, 1962. Redesignated at 57 FR 38750, Aug. 27, 1992]



                      Subpart_Rules and Regulations



Sec. 929.101  Minimum exemption.

    The requirements of Sec. 929.41 Assessments and Sec. 929.54 
Withholding shall not apply to any handler in a fiscal year during which 
the handler handles notmore than a total of 300 barrels of cranberries.

[53 FR 12374, Apr. 14, 1988]



Sec. 929.102  Procedure to determine quantity of screened cranberries 
in unscreened lots.

    The determination pursuant to Sec. 929.54 of the quantity of 
screened cranberries contained in an unscreened lot shall be made in 
accordance with the following procedure and on the basis of a sample of 
representative boxes comprising no less than 2 percent of the 
cranberries in the lot:
    (a) The cranberries in the sample are cleaned to remove chaff, and 
the boxes of cleaned berries are weighed. The weight of the boxes 
themselves is then deducted to determine the weight of the cleaned 
berries. The weight of the cleaned berries is divided by the number of 
boxes in the sample to obtain the net weight of cleaned cranberries per 
box. The net weight is multiplied by the number of boxes in the lot to 
obtain the net weight of the berries in the unscreened lot.

[[Page 250]]

    (b) The cleaned berries are run through a separator, having a \9/32\ 
inch screen, and with the bounce boards in the lowest position.
    (c) The berries from the lower three bounce boards are rerun through 
the separator.
    (d) The berries from the upper four bounce boards are thoroughly 
mixed and a random cupful (approximately 1 pint) is used to determine, 
from a count of the sound and unsound berries, the percentage of sound 
berries in the lot.
    (e) Such percentage is adjusted by increasing it by 5 percentage 
points but not to exceed a total of 100 percent. (This increase makes 
the sample comparable to lots of screened cranberries, as such lots 
generally contain an average of 5 percent unsound berries.)
    (f) The net weight, as determined in accordance with paragraph (a) 
of this section, of the berries in the unscreened lot, is multiplied by 
the adjusted percentage to obtain the quantity of screened cranberries 
in the unscreened lot.

[28 FR 11611, Oct. 31, 1963]



Sec. 929.103  Inspection procedure.

    (a) Inspection of withheld cranberries shall be limited to any 
plant, storage facility, or other location, within the production area 
where facilities suitable to the inspection service are available for 
sampling, weighing, and inspection of cranberries.
    (b) The handler offering any lot of cranberries for inspection shall 
furnish the necessary labor and pay the costs of moving, weighing, and 
otherwise making available the sample the inspector chooses for 
inspection. The size of the sample shall be determined by the inspector. 
In the case of inspection of a lot of unscreened cranberries, the sample 
shall be screened by the handler under the supervision of the inspector 
and the inspection certificate shall show the quantity of cranberries in 
such lot which meets the requirements established for withheld 
cranberries pursuant to Sec. 929.54(c).

[28 FR 11611, Oct. 31, 1963]



Sec. 929.104  Outlets for excess cranberries.

    (a) In accordance with Sec. 929.61, excess cranberries may be 
disposed of only in the following noncommercial or noncompetitive 
outlets, but only if the requirements in paragraph (b) of this section 
are complied with:
    (1) Foreign countries, except Canada.
    (2) Charitable institutions.
    (3) Any nonhuman food use.
    (4) Research and development projects approved by the committee 
dealing with the development of foreign and domestic markets, including, 
but not limited to dehydration, radiation, freeze drying, or freezing of 
cranberries.
    (b) Excess cranberries may not be converted into canned, frozen, or 
dehydrated cranberries or other cranberry products by any commercial 
process. Handlers may divert excess cranberries in the outlets listed in 
paragraph (a) of this section only if they meet the diversion 
requirements specified in Sec. 929.61(c).

[65 FR 42614, July 11, 2000, as amended at 66 FR 34351, June 27, 2001]



Sec. 929.105  Reporting.

    (a) Each report required to be filed with the committee pursuant to 
Sec. Sec. 929.6 and 929.48 shall be mailed to the committee office or 
delivered to that office. If the report is mailed, it shall be deemed 
filed when postmarked.
    (b) Certified reports shall be filed with the committee, on a form 
provided by the committee, by each handler not later than January 20, 
May 20, and August 20 of each fiscal period and by September 20 of the 
succeeding fiscal period showing:
    (1) The total quantity of cranberries the handler acquired and the 
total quantity of cranberries and Vaccinium oxycoccus cranberries the 
handler handled from the beginning of the reporting period indicated 
through December 31, April 30, July 31, and August 31, respectively, and
    (2) The respective quantities of cranberries and Vaccinium oxycoccus 
cranberries and cranberry products and Vaccinium oxycoccus cranberry 
products held by the handler on January 1, May

[[Page 251]]

1, August 1, and August 31 of each fiscal period.

[53 FR 12374, Apr. 14, 1988, as amended at 61 FR 30498, June 17, 1996; 
62 FR 916, Jan. 7, 1997; 75 FR 20516, Apr. 20, 2010]



Sec. 929.106  Fiscal period.

    The fiscal period specified in Sec. 929.6 of this part which began 
September 1, 1968, and ends on August 31, 1969, is changed to include 
the period of August 1, through August 31, 1968. Thereafter, the fiscal 
period will begin on September 1 and end on August 31 of the following 
year.

[33 FR 16492, Nov. 13, 1968]



Sec. 929.110  Transfers or sales of cranberry acreage.

    (a) Sales or transfers of cranberry acreage shall be reported by the 
transferor and transferee to the committee, in writing, on forms 
provided by the committee. Completed forms shall be sent to the 
committee office not later than 30 days after the transaction has 
occurred.
    (b) Upon transfer of all or a portion of a growers' acreage, the 
committee shall be provided with certain information on the forms it 
will provide to the parties. The transferor and transferee must provide 
the following information:
    (1) Crop records for the acreage involved;
    (2) Annual production and sales for each crop year on the acreage 
involved, either in total, or for each individual parcel; and
    (3) Such other information as the committee deems necessary.
    (c) Cranberry acreage sold or transferred shall be recognized in 
connection with the issuance of sales history as follows:
    (1) If a grower sells all of the acreage comprising the entity, all 
prior sales history shall accrue to the purchaser;
    (2) If a grower sells only a portion of the acreage comprising the 
entity from which prior sales have been made, the purchaser and the 
seller must agree as to the amount of sales history attributed to each 
portion and shall provide, on a form provided by the committee, 
sufficient information so that sales are shown separately by crop year. 
However, the sales history attributed to each portion shall not exceed 
the total sales history, as determined by the committee, for such 
acreage at the time of transfer.
    (d) During a year of regulation, all transfers of growers' sales 
histories for partial or total leases of acreage shall be received in 
the Committee office by close of business on July 31.

[59 FR 36023, July 15, 1994, as amended at 66 FR 34351, June 27, 2001]



Sec. 929.125  Committee review procedures.

    Growers may request, and the Committee may grant, a review of 
determinations made by the Committee pursuant to section 929.48, in 
accordance with the following procedures:
    (a) If a grower is dissatisfied with a determination made by the 
Committee which affects such grower, the grower may submit to the 
Committee within 30 days after receipt of the Committee's determination 
of sales history, a request for a review by an appeals subcommittee 
composed of two independent and two cooperative representatives, as well 
as a public member. Such appeals subcommittee shall be appointed by the 
Chairman of the Committee. Such grower may forward with the request any 
pertinent material for consideration of such grower's appeal.
    (b) The subcommittee shall review the information submitted by the 
grower and render a decision within 30 days of receipt of such appeal. 
The subcommittee shall notify the grower of its decision, accompanied by 
the reasons for its conclusions and findings.
    (c) The grower may further appeal to the Secretary, within 15 days 
after notification of the subcommittee's findings, if such grower is not 
satisfied with the appeals subcommittee's decision. The Committee shall 
forward a file with all pertinent information related to the grower's 
appeal. The Secretary shall inform the grower and all interested parties 
of the Secretary's decision. All decisions by the Secretary are final.

[66 FR 34351, June 27, 2001]

[[Page 252]]



Sec. 929.142  Reserve.

    (a) It is necessary and appropriate to establish and maintain a 
reserve in an amount not to exceed approximately one fiscal period's 
operational expenses to be used in accordance with the provisions of 
Sec. 929.42 of the marketing agreement and this part, and
    (b) Assessments collected for each of the fiscal periods ended July 
31, 1963; July 31, 1965; July 31, 1966; and July 31, 1967, were in 
excess of expenses for such periods. The committee is hereby authorized 
to place excess funds in said reserve.

[28 FR 11052, Oct. 16, 1963, as amended at 32 FR 13253, Sept. 20, 1967. 
Redesignated at 44 FR 73011, Dec. 17, 1979]



Sec. 929.149  Determination of sales history.

    A sales history for each grower shall be computed by the Committee 
in the following manner.
    (a) For each grower with acreage with 7 or more years of sales 
history, a new sales history shall be computed using an average of the 
highest 4 of the most recent 7 years of sales. If the grower has acreage 
with 6 years sales history, a new sales history shall be computed by 
averaging the highest 4 of the 6 years. If the grower has acreage with 5 
years of sales history and such acreage was planted prior to 1995, a new 
sales history shall be computed by averaging the highest 4 of the 5 
years.
    (b) For growers whose acreage has 5 years of sales history and was 
planted in 1995 or later, the sales history shall be computed by 
averaging the highest 4 of the 5 years and shall be adjusted as provided 
in paragraph (d). For growers whose acreage has 4 years of sales 
history, the sales history shall be computed by averaging all 4 years 
and shall be adjusted as provided in paragraph (d). For growers whose 
acreage has 1 to 3 years of sales history, the sales history shall be 
computed by dividing the total years sales by 4 and shall be adjusted as 
provided in paragraph (d).
    (c) For growers with acreage with no sales history or for the first 
harvest of replanted acres, the sales history will be 75 barrels per 
acre for acres planted or re-planted in 2000 and first harvested in 2001 
and 156 barrels per acre for acres planted or re-planted in 1999 and 
first harvested in 2001.
    (d) In addition to the sales history computed in accordance with 
paragraphs (a) and (b) of this section, additional sales history shall 
be assigned to growers with acreage planted in 1995 or later. The 
additional sales histories depending on the date the acreage is planted 
are shown in Table 1.

          Table 1--Additional Sales History Assigned to Acreage
------------------------------------------------------------------------
                                                              Additional
                                                              2001 sales
                        Date planted                         history per
                                                                 acre
------------------------------------------------------------------------
1995.......................................................           49
1996.......................................................          117
1997.......................................................          157
1998.......................................................          183
1999.......................................................          156
2000.......................................................           75
------------------------------------------------------------------------

    (e) Fresh fruit sales shall be deducted from the sales histories. 
The sales history assigned to each grower shall represent processed 
sales only.
    (f) If a grower's fruit does not qualify as fresh fruit upon 
delivery to the handler, and it is converted to processed fruit, the 
handler shall give priority to this grower when allocating unused 
allotment if the grower does not have sufficient processed sales history 
to cover the converted fruit.

[66 FR 34351, June 27, 2001]



Sec. 929.150  Transfer or assignment of sales history.

    (a) If indebtedness is incurred with regard to the acreage to which 
the cranberries are attributed, and on which a sales history is 
established, the sales history holder may transfer or assign the sales 
history solely as security for the loan. During the existence of such 
indebtedness no further transfer or assignment of sales history by the 
sales history holder shall be recognized by the committee unless the 
lender agrees thereto: Provided, That a copy of such loan agreement or 
assignment shall be filed with the committee before any right expressed 
therein, with regard to the sales history, shall be recognized by the 
committee under this paragraph (a).
    (b) This regulation shall not in any way be construed to affect the 
right of

[[Page 253]]

the Secretary of Agriculture to amend, modify or terminate this 
regulation, or the marketing order under which it is issued as provided 
by law.

[34 FR 705, Jan. 17, 1969, as amended at 59 FR 36023, July 15, 1994]



Sec. 929.152  Delinquent assessments.

    There shall be a late payment charge of five percent and an interest 
charge of 1\1/2\ percent per month applied to any assessment not 
received at the committee's office before the end of the month in which 
such assessment was first invoiced to the handler: Provided, That if an 
assessment is first invoiced later than the 15th of the month, no late 
payment or interest charge shall be levied if such assessment is 
received at the committee office by the end of the following month in 
which the assessment was first invoiced to the handler.

[60 FR 2, Jan. 3, 1995]



Sec. 929.158  Exemptions.

    If fresh and organically-grown cranberries are exempted from the 
volume regulation as recommended by the Committee and approved by the 
Secretary, the following provisions to these exemptions shall apply:
    (a) Sales of packed-out cranberries intended for sales to consumers 
in fresh form shall be exempt from volume regulation provisions. Fresh 
cranberries are also sold dry in bulk boxes generally weighing less than 
30 pounds. Fresh cranberries intended for retail markets are not sold 
wet. If any such fresh cranberries are diverted into processing outlets, 
the exemption no longer applies. Growers who intend to handle fresh 
fruit shall notify the committee of their intent to sell over 300 
barrels of fresh fruit.
    (b) Sales of organically-grown cranberries are exempt from volume 
regulation provisio