[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Proposed Rules]
[Pages 73945-73946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7336]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[Docket No. FV-05-710]


Mushroom Promotion, Research, and Consumer Information Order; 
Section 610 Review

AGENCY: Agricultural Marketing Service.

ACTION: Notice of regulatory review and request for comments.

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SUMMARY: This document announces the Agricultural Marketing Service's 
(AMS) review of the Mushroom Promotion,

[[Page 73946]]

Research, and Consumer Information Order (conducted under the Mushroom 
Promotion, Research, and Consumer Information Act), under the criteria 
contained in Section 610 of the Regulatory Flexibility Act (RFA).

DATES: Written comments on this document must be received by February 
13, 2006.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this notice of review to the Docket Clerk, Research and 
Promotion Branch, Fruit and Vegetable Programs (FV), Agricultural 
Marketing Service (AMS), USDA, Stop 0244, Room 2535-S, 1400 
Independence Avenue, SW., Washington, DC 20250-0244. Comments should be 
submitted in triplicate and will be made available for public 
inspection at the above address during regular business hours. Comments 
may also be submitted electronically to: Deborah.simmons@usda.gov or 
Internet: http://www.regulations.gov. All comments should reference the 
docket number and the date and page number of this issue of the Federal 
Register. A copy of this notice may be found at: http://
www.ams.usda.gov/fv/rpdocketlist.htm.

FOR FURTHER INFORMATION CONTACT: Debbie Simmons, Research and Promotion 
Branch, FV, AMS, USDA, Stop 0244, 1400 Independence Avenue, SW., Room 
2535-S, Washington, DC 20250-0244; telephone: (888) 720-9915 fax: (202) 
205-2800; or e-mail: Deborah.simmons@usda.gov.

SUPPLEMENTARY INFORMATION: The Mushroom Promotion, Research, and 
Consumer Information Act of 1990, (7 U.S.C. 6101 et seq.) authorized 
the Mushroom Promotion, Research, and Consumer Information Program 
which is industry operated and funded, with oversight by USDA. The 
program's objective is to carry out an effective, continuous, and 
coordinated program of promotion, research, consumer information, and 
industry information designed to strengthen the mushroom industry's 
position in the marketplace, maintain and expand existing markets and 
uses for mushrooms, develop new markets and uses for mushrooms, and to 
carry out programs, plans, and projects designed to provide maximum 
benefits to the mushroom industry.
    The program became effective on January 8, 1993, when the Mushroom 
Promotion, Research, and Consumer Information Order (7 CFR part 1209) 
was issued. Assessments began in 1993 at the rate of 0.0025 cents per 
pound and have fluctuated from 0.0010 to 0.0045 cents per pound. The 
current rate is 0.0024 cents per pound.
    Assessments under this program are used to fund retail category 
management, research concerning nutritional attributes of mushrooms, 
foodservice training, and industry information and to enable it to 
exercise its duties in accordance with the Order.
    The program is administered by the Mushroom Council (Council) which 
is composed of producers and may include importers, appointed by the 
Secretary of Agriculture from nominations submitted by eligible 
producers or importers. Producer membership on the Board is based upon 
mushroom production within each of four predestinated geographic 
regions within the U.S. and a fifth region representing importers, when 
imports, on average, equal or exceed 35,000,000 pounds of mushrooms 
annually. All members serve terms of three years.
    AMS published in the Federal Register (63 FR 8014; February 18, 
1999) its plan to review certain regulations, including the Mushroom 
Promotion, Research, and Consumer Information Order, (conducted under 
the Mushroom Promotion, Research, and Consumer Information Act), under 
criteria contained in Section 610 of the Regulatory Flexibility Act 
(RFA; 5 U.S.C. 601-612). The plan was updated in the Federal Register 
on August 14, 2003 (68 FR 48574). Because many AMS regulations impact 
small entities, AMS decided, as a matter of policy, to review certain 
regulations which, although they may not meet the threshold requirement 
under section 610 of the RFA, warrant review. Accordingly, this notice 
and request for comments is made for the Mushroom Promotion, Research, 
and Consumer Information Order.
    The purpose of the review is to determine whether the Mushroom 
Promotion, Research, and Consumer Information Order should be continued 
without change, amended, or rescinded (consistent with the objectives 
of the Mushroom Promotion, Research, and Consumer Information Act of 
1990) to minimize the impacts on small entities. AMS will consider the 
continued need for the Order; the nature of complaints or comments 
received from the public concerning the Order; the complexity of the 
Order; the extent to which the Order overlaps, duplicates, or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local regulations; and the length of time since the Order has been 
evaluated or the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the Order.
    Written comments, views, opinions, and other information regarding 
the Order's impact on small businesses are invited.

    Dated: December 8, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E5-7336 Filed 12-13-05; 8:45 am]
BILLING CODE 3410-02-P