[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2000 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
7
Parts 1200 to 1599
Revised as of January 1, 2000
Agriculture
Containing a Codification of documents of general
applicability and future effect
As of January 1, 2000
With Ancillaries
Published by:
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 7:
Subtitle B--Regulations of the Department of Agriculture
(Continued):
Chapter XI--Agricultural Marketing Service
(Marketing Agreements and Orders; Miscellaneous
Commodities), Department of Agriculture............. 5
Chapter XIII--Northeast Dairy Compact Commission.... 237
Chapter XIV--Commodity Credit Corporation,
Department of Agriculture........................... 267
Chapter XV--Foreign Agricultural Service, Department
of Agriculture...................................... 705
Finding Aids:
Material Approved for Incorporation by Reference........ 739
Table of CFR Titles and Chapters........................ 741
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 1200.1 refers
to title 7, part 1200,
section 1.
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[[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, 2000), 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, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
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 Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
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.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
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 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
SALES
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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, Weekly Compilation of Presidential Documents and
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The Office of the Federal Register also offers a free service on the
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site for public law numbers, Federal Register finding aids, and related
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA
site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2000.
[[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, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of January 1, 2000.
The Food and Nutrition Service current regulations in the volume
containing parts 210-299, include the Child Nutrition Programs and the
Food Stamp Program. The regulations of the Federal Crop Insurance
Corporation are found in the volume containing parts 400-699.
All marketing agreements and orders for fruits, vegetables and nuts
appear in the one volume containing parts 900-999. All marketing
agreements and orders for milk appear in the volume containing parts
1000-1199. Part 900--General Regulations is carried as a note in the
volume containing parts 1000-1199, as a convenience to the user.
Redesignation tables appear in the Finding Aids section of the
volumes containing parts 210-299 and parts 1600-1899.
For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 1200 to 1599)
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SUBTITLE B--Regulations of the Department of Agriculture--(Continued):
Part
Chapter XI--Agricultural Marketing Service (Marketing
Agreements and Orders; Miscellaneous Commodities),
Department of Agriculture................................. 1200
Chapter XIII--Northeast Dairy Compact Commission............ 1300
Chapter XIV--Commodity Credit Corporation, Department of
Agriculture............................................... 1402
Chapter XV--Foreign Agricultural Service, Department of
Agriculture............................................... 1520
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture--(Continued)
[[Page 5]]
CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND
ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE
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Part Page
1200 Rules of practice and procedure governing
proceedings under research, promotion,
and education programs.................. 7
1205 Cotton research and promotion............... 16
1207 Potato research and promotion plan.......... 45
1208 Fresh cut flowers and fresh cut greens
promotion and information............... 59
1209 Mushroom promotion, research, and consumer
information order....................... 77
1210 Watermelon research and promotion plan...... 97
1214 Kiwifruit research, promotion, and consumer
information order....................... 116
1215 Popcorn promotion, research, and consumer
information............................. 119
1216 Peanut promotion, research, and information
order................................... 130
1220 Soybean promotion, research, and consumer
information............................. 144
1230 Pork promotion, research, and consumer
information............................. 167
1240 Honey research, promotion, and consumer
information order....................... 181
1250 Egg research and promotion.................. 200
1260 Beef promotion and research................. 216
1270
Wool and mohair advertising and promotion [Reserved]
[[Page 7]]
PART 1200--RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND EDUCATION PROGRAMS--Table of Contents
Subpart--Rules of Practice and Procedure Governing Proceedings To
Formulate and Amend an Order
Sec.
1200.1 Words in the singular form.
1200.2 Definitions.
1200.3 Proposals.
1200.4 Reimbursement of Secretary's expenses.
1200.5 Institution of proceedings.
1200.6 Docket number.
1200.7 Judge.
1200.8 Motions and requests.
1200.9 Conduct of the hearing.
1200.10 Oral and written arguments.
1200.11 Certification of the transcript.
1200.12 Copies of the transcript.
1200.13 Administrator's recommended decision.
1200.14 Submission to Secretary.
1200.15 Decision by the Secretary.
1200.16 Execution of the order.
1200.17 Filing, extension of time, effective date of filing, and
computation of time.
1200.18 Ex parte communications.
1200.19 Additional documents to be filed with hearing clerk.
1200.20 Hearing before Secretary.
Subpart--Rules of Practice Governing Proceedings on Petitions To Modify
or To Be Exempted From Research, Promotion, and Education Programs
1200.50 Words in the singular form.
1200.51 Definitions.
1200.52 Institution of proceeding.
Authority: 7 U.S.C. 2111; 2620; 2713; 3409; 4313; 4509; 4609; 4814;
4909; 6008; 6106; 6206; 6306; 6410; 6807; and 7106.
Subpart--Rules of Practice and Procedure Governing Proceedings To
Formulate and Amend an Order
Source: 47 FR 44684, Oct. 8, 1982, unless otherwise noted.
Sec. 1200.1 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. 1200.2 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 the Cotton Research and Promotion Act, as
amended, Pub. L. 89-502, 89th Cong., approved July 13, 1966, 7 U.S.C.
2101-2119; the Egg Research and Consumer Information Act, as amended,
Pub. L. 93-428, 93rd Cong., approved October 1, 1974, 7 U.S.C. 2701-
2718; the Floral Research and Consumer Information Act, Pub. L. 97-98,
97th Cong., approved December 22, 1981, 7 U.S.C. 4301-4319; the Potato
Research and Promotion Act, as amended, Pub. L. 91-670, 91st Cong.,
approved January 11, 1971, 7 U.S.C. 2611-2627; the Wheat and Wheat Foods
Research and Nutrition Education Act, Pub. L. 95-113, 95th Cong.,
approved September 29, 1977, 7 U.S.C. 3401-3417; the Honey Research,
Promotion, and Consumer Information Act, Pub. L. 98-590, 98th Cong.,
approved October 30, 1984, 7 U.S.C. 4601-4612; the Watermelon Research
and Promotion Act, Pub. L. 99-198; 99th Cong., approved December 23,
1985, 7 U.S.C. 4901-4916; and any subsequent research, consumer
information, promotion, and nutrition education acts established as
Public Law by Congress.
(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 the Secretary's stead.
(d) The term judge or administrative law judge means any
administrative law judge appointed pursuant to 5 U.S.C. 3105 and
assigned to conduct the hearing.
(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 the Administrator's stead.
(f) The term Federal Register means the publication provided for by
the
[[Page 8]]
Federal Register Act, approved July 26, 1935 (44 U.S.C. 1501-1511), and
acts supplementing and amending it.
(g) The term hearing means that part of the proceeding which
involves the submission of evidence.
(h) The term order means any order or plan or any amendment to it
which may be issued pursuant to the Act.
(i) The term proceeding means a proceeding forming the basis on
which an order may be issued.
(j) The term hearing clerk means the hearing clerk, U.S. Department
of Agriculture, Washington, DC.
(k) The term board means the board or council established by the
order to administer the program.
[47 FR 44684, Oct. 8, 1982, as amended at 52 FR 12899, Apr. 20, 1987]
Sec. 1200.3 Proposals.
(a) An order may be proposed by any organization certified pursuant
to the Act or any interested person affected by the Act, including the
Secretary. Any person or organization other than the Secretary proposing
an order shall file with the Administrator a written application,
together with a copy 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 to be given as, in the Administrator's opinion, are
warranted. If the investigation and consideration lead the Administrator
to conclude that the proposed 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, the Administrator 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 order will tend to effectuate the declared
policy of the Act, or if the Secretary desires to propose an order, the
Administrator shall sign and cause to be served a notice of hearing, as
provided herein.
Sec. 1200.4 Reimbursement of Secretary's expenses.
If provided for in the Act or any amendment thereto, expenses
incurred by the Secretary in preparing or amending the order,
administering the order, and conducting the referendum shall be
reimbursed.
Sec. 1200.5 Institution of proceedings.
(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 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 order or a description of the subjects and
issues involved; and shall state the time and place of such hearing, and
the place where copies of such proposed 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 herein, 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: Except that in the case
of hearings on amendments to an order, the time of the hearing may be
less than 15 days but shall not be less than three days after the date
of publication 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 copy of the notice of hearing to each organization
known by 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 as, in the Administrator's discretion, are
best calculated to bring the notice to the attention of the persons
interested therein; and
[[Page 9]]
(iv) By forwarding copies of the notice of hearing addressed to
those Governors of the States and executive heads of territories and
possessions of the United States and the mayor of the District of
Columbia that are directly affected by such order.
(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; failure to give notice in the manner provided in paragraphs
(b)(2) (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
paragraphs (b)(1) (iii) and (iv) of this section. In regard to the
provisions relating to mailing in paragraph (b)(1)(ii) of this section,
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 paragraphs (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. 1200.6 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. 1200.7 Judge.
(a) Assignment. No judge who has any pecuniary interest in the
outcome of a proceeding shall serve as judge in such proceeding.
(b) Power of judge. 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 hearings, 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; and
(7) Do all acts and take all measures necessary for the maintenance
of order at the hearings and the efficient conduct of the proceeding.
(c) Who may act in absence of judge. In case of the absence of the
judge or the judge's inability to act, the powers and duties to be
performed by the judge 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 such judge deems himself or herself 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 the Secretary may deem appropriate
in the circumstances.
Sec. 1200.8 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 the hearing
may be filed with the judge or may be stated orally and made a part of
the transcript.
(2) Except as provided in Sec. 1200.17(b) such motions and requests
shall be addressed to, and ruled on by, the judge if made prior to
certification of the transcript pursuant to Sec. 1200.11 or by the
Secretary if made thereafter.
(b) Certification to Secretary. The judge may, in his or her
discretion, submit or certify to the Secretary for decision any motion,
request, objection, or other question addressed to the judge.
[[Page 10]]
Sec. 1200.9 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. 1200.5 (relating to the giving of notice of
the hearing): Except that if the change in time or place of hearing is
made less than five 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 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 or her 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, 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 such
appearance as the judge may request.
(2) Debarment of counsel or representative. (i) Whenever, while a
proceeding is pending before the judge, such 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: Except that the judge may
suspend the proceeding for a reasonable time for the purpose of enabling
the client to obtain other counsel or representative.
(ii) In case the judge has ordered that a person be precluded from
further action 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 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, that person 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. 1200.5(c).
(2) Evidence shall then be received with respect to the matters
specified in the notice of the hearing in such order as the judge shall
announce.
(d) Evidence--(1) 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.
[[Page 11]]
(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,
such party 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 presence of the person who made or
prepared the same. The judge shall exercise discretion in determining
whether an official publication of such record or document shall be
necessary, or whether a copy would be permissible. If permissible such a
copy should be attested to by the person having legal custody of it, 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
authenticity, relevancy, and materiality, 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 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 judge.
(5) Official notice. Official notice at the hearing 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: Except that interested persons shall be
given an adequate period of time, at the hearing or subsequent to it, of
matters so noticed and shall be given adequate opportunity to show that
such facts are inaccurate or are erroneously noticed.
(6) Offer of proof. Whenever evidence is excluded from the record,
the party offering such evidence may make an offer of proof, which shall
be included in the transcript. The offer of proof shall consist of a
brief statement describing the evidence to be offered. If the evidence
consists of a brief oral statement or of an exhibit, it shall be
inserted into the transcript in toto. In such event, it shall be
considered a part of the transcript if the Secretary decides that the
judge's ruling in excluding the evidence was erroneous. The judge shall
not allow the insertion of such evidence in toto if the taking of such
evidence will consume a considerable length of time at the hearing. In
the latter event, if the Secretary decides that the judge erred in
excluding the evidence, and that such error was substantial, the hearing
shall be reopened to permit the taking of such evidence.
Sec. 1200.10 Oral and written arguments.
(a) Oral argument before the 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
[[Page 12]]
the judge 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 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. 1200.9(d), that person shall
include in the brief a concise statement concerning each such objection,
referring, where practicable, to the pertinent pages of the transcript.
Sec. 1200.11 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. The
judge shall attach to the original transcript of the testimony a
certificate stating that, to the best of the judge's knowledge and
belief, the transcript is a true transcript of the testimony given at
the hearing, except in such particulars as the judge shall specify, and
that the exhibits transmitted are all the exhibits as introduced at the
hearing with such exceptions as the judge 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 effectuated in copies other than the official record copy.
Sec. 1200.12 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) If a personal copy of the transcript is desired, such copy may
be obtained upon written application filed with the reporter and upon
payment of fees at a rate that may be agreed upon with the reporter.
Sec. 1200.13 Administrator's recommended decision.
(a) Preparation. As soon as practicable following the termination of
the period allowed for the filing of written arguments or briefs and
proposed findings and conclusions the Administrator shall file with the
hearing clerk a recommended decision.
(b) Contents. The Administrator's recommended decision shall
include: (1) a preliminary statement containing a description of the
history of the proceedings, a brief explanation of the material issues
of fact, law, or discretion presented on the record, and proposed
findings and conclusions about such issues, including the reasons or
basis for such proposed findings; (2) a ruling upon each proposed
finding or conclusion submitted by interested persons; and (3) an
appropriate proposed order
[[Page 13]]
effectuating the Administrator's recommendations.
(c) Exceptions to recommended decision. Immediately following the
filing of the 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 order 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 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 the Secretary's functions
imperatively and unavoidably requires such omission.
Sec. 1200.14 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. 1200.15 Decision by the 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 findings and conclusions, including the
reasons or basis for such findings, 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) denial of the proposal to issue an order, or
(2) if the findings upon the record so warrant, an order, the provisions
of which shall be set forth and such order shall be complete except for
its effective date and any determinations to be made under Sec. 1200.16:
Except that such order shall not be executed, issued, or made effective
until and unless the Secretary determines that the requirements of
Sec. 1200.16 have been met.
Sec. 1200.16 Execution of the order.
(a) Issuance of the order. The Secretary shall, if the Secretary
finds that it will tend to effectuate the purposes of the Act, issue and
make effective the order which was filed as part of the Secretary's
decision pursuant to Sec. 1200.15: Except that the issuance of such
order shall have been approved or favored by eligible voters as required
by the applicable Act.
(b) Effective date of order. No order shall become effective in 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.
(c) Notice of issuance. After issuance of the order, such order
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.
Sec. 1200.17 Filing, extension of time, effective date of filing, and computation of time.
(a) Number of copies. Except as provided otherwise herein, all
documents or papers required or authorized by the foregoing provisions
hereof to be filed with the hearing clerk shall be filed in
quadruplicate. Any documents or papers so required or authorized to be
filed with the hearing clerk shall be filed with the judge during the
course of an oral hearing.
(b) Extension of time. The time for filing of any document or paper
required or authorized by the foregoing provisions to be filed may be
extended by the judge (before the record is so 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,
[[Page 14]]
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 by the foregoing provisions to be filed shall be deemed to be
filed when it is postmarked or, if otherwise delivered, when it is
received by the hearing clerk.
(d) Computation of time. Sundays and Federal holidays shall be
included in computing the time allowed for the filing of any document or
paper: Except that when such time expires on a Sunday, or a Federal
holiday, such period shall be extended to include the next following
business day.
Sec. 1200.18 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 thereon
shall an employee of the Department who is or may reasonably be expected
to be involved in the decision 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: Except that
procedural matters and status reports shall not be included within the
limitation: And except 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
any 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 a proceeding.
Sec. 1200.19 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 order and which the Secretary is required to
issue or to approve.
Sec. 1200.20 Hearing before Secretary.
The Secretary may act in the place and stead of a judge in any
proceeding herein. When the Secretary 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 then, after due consideration of the
record, issue the final decision in the proceeding: Except the Secretary
may issue a tentative decision in which event the parties shall be
afforded an
[[Page 15]]
opportunity to file exceptions before the issuance of the final
decision.
Subpart--Rules of Practice Governing Proceedings on Petitions To Modify
or To Be Exempted From Research, Promotion and Education Programs
Source: 60 FR 37326, July 20, 1995, unless otherwise noted.
Sec. 1200.50 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. 1200.51 Definitions.
As used in this subpart, the terms as defined in the acts shall
apply with equal force and effect. In addition, unless the context
otherwise requires:
(a) The term Act means Floral Research and Consumer Information Act
[7 U.S.C. 4301-4319]; the Fresh Cut Flowers and Fresh Cut Greens
Promotion and Consumer Information Act [7 U.S.C. 6801-6814]; the Honey
Research, Promotion, and Consumer Information Act, as amended [7 U.S.C.
4601-4612]; the Lime Research, Promotion, and Consumer Information Act,
as amended [7 U.S.C. 6201-6212]; the Mushroom Promotion, Research, and
Consumer Information Act of 1990 [7 U.S.C. 6101-6112]; the Pecan
Promotion and Research Act of 1990 [7 U.S.C. 6001-6013]; the Potato
Research and Promotion Act, as amended [7 U.S.C. 2611-2627]; the
Watermelon Research and Promotion Act, as amended [7 U.S.C. 4901-4916],
the Egg Research and Consumer Information Act [7 U.S.C. 2701-2718], the
Cotton Research and Promotion Act [7 U.S.C. 2101-2118], the Pork
Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819],
the Soybean Promotion, Research, and Consumer Information Act [7 U.S.C.
6301-6311], the Sheep Promotion, Research, and Information Act of 1994
[7 U.S.C. 7101-7111], the Dairy Production Stabilization Act of 1983 [7
U.S.C. 4501-4513], the Fluid Milk Promotion Act of 1990 [7 U.S.C. 6401-
6417], and the Wheat and Wheat Foods Research and Nutrition Education
Act [7 U.S.C. 3401-3417].
(b) Department means the U.S. Department of Agriculture.
(c) 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 the Secretary's stead.
(d) Judge means any administrative law judge, appointed pursuant to
5 U.S.C. 3105, and assigned to the proceeding involved.
(e) 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 the Administrator's stead.
(f) Order means any order or any amendment thereto which may be
issued pursuant to the Act. The term order shall include plans issued
under the Acts listed in paragraph (a) of this section.
(g) Person means any individual, group of individuals, partnership,
corporation, association, cooperative, or any other legal entity subject
to an order or to whom an order is sought to be made applicable, or on
whom an obligation has been imposed or is sought to be imposed under an
order.
(h) Proceeding means a proceeding before the Secretary arising under
section 1957 of the Act.
(i) Hearing means that part of the proceedings which involves the
submission of evidence.
(j) Party includes the U.S. Department of Agriculture.
(k) Hearing clerk means the Hearing Clerk, U.S. Department of
Agriculture, Washington, D.C.
(l) Decision means the judge's initial decision 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; and
(m) Petition includes an amended petition.
[[Page 16]]
Sec. 1200.52 Institution of proceeding.
(a) Filing and service of petitions. Any person subject to an order
desiring to complain that such order or any provision of such order or
any obligation imposed in connection with an order is not in accordance
with law, shall file with the hearing clerk, in quintuplicate, a
petition in writing addressed to the Secretary. Promptly upon receipt of
the petition in writing the hearing clerk shall transmit a true copy
thereof to the Administrator and the General Counsel, respectively.
(b) Contents of petitions. A petition shall contain:
(1) The correct name, address, and principal place of business of
the petitioner. If the 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 and directors; 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 order, or
the interpretation or application of such terms or provisions, 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 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 order, or the interpretation or application thereof, which are
complained of, are challenged as not in accordance with law;
(5) Requests for the specific relief which the petitioner desires
the Secretary to grant; and
(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) A motion to dismiss a petition: filing, contents, and responses
to a petition. 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 requirements of paragraph (b) of this
section, the Administrator may, within 30 days after the filing of the
petition, file with the hearing clerk a motion to dismiss the petition,
or any portion of the petition, on one or more of the grounds stated in
this paragraph. Such motion shall specify the grounds for objection to
the petition and if based, in whole or in part, on allegations 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 the judge's consideration.
(d) Further proceedings. Further proceedings on petitions to modify
or to be exempted from the Order shall be governed by Secs. 900.52(c)(2)
through 900.71 of the Rules of Practice Governing Proceedings on
Petitions To Modify or To Be Exempted From Marketing Orders. However,
each reference to marketing order in the title shall mean order.
PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents
Subpart--Procedures for Conduct of Sign-up Period
Definitions
Sec.
[[Page 17]]
1205.10 Act.
1205.11 Administrator.
1205.12 Cotton.
1205.13 Upland cotton.
1205.14 Department.
1205.15 Farm Service Agency.
1205.16 Order.
1205.17 Person.
1205.18 Producer.
1205.19 Importer.
1205.20 Representative period.
1205.21 Secretary.
1205.22 State.
1205.23 United States.
Procedures
1205.24 General.
1205.25 Supervision of sign-up period.
1205.26 Eligibility.
1205.27 Participation in the sign-up period.
1205.28 Counting.
1205.29 Reporting results.
1205.30 Instructions and forms.
Subpart--Cotton Research and Promotion Order
Definitions
1205.301 Secretary.
1205.302 Act.
1205.303 Person.
1205.304 Cotton.
1205.305 Upland cotton.
1205.306 Bale.
1205.307 Fiscal period.
1205.308 Cotton Board.
1205.309 Producer.
1205.310 Importer.
1205.311 Handler.
1205.312 Handle.
1205.313 United States.
1205.314 Cotton-producing State.
1205.315 Marketing.
1205.316 Cotton-Producer organization.
1205.317 Cotton-Importer organization.
1205.318 Contracting organization or association.
1205.319 Cotton-producing region.
1205.320 Marketing year.
1205.321 Part and subpart.
Cotton Board
1205.322 Establishment and membership.
1205.323 Term of office.
1205.324 Nominations.
1205.325 Selection.
1205.326 Acceptance.
1205.327 Vacancies.
1205.328 Alternate members.
1205.329 Procedure.
1205.330 Compensation and reimbursement.
1205.331 Powers.
1205.332 Duties.
Research and Promotion
1205.333 Research and promotion.
Expenses and Assessments
1205.334 Expenses.
1205.335 Assessments.
1205.336 ``Importer Reimbursements''.
1205.337 Influencing governmental action.
Reports, Books, and Records
1205.338 Reports.
1205.339 Books and records.
1205.340 Confidential treatment.
Certification of Cotton Producer Organization
1205.341 Certification of cotton producer organization.
1205.342 Certification of cotton importer organizations.
Miscellaneous
1205.343 Suspension and termination.
1205.345 Proceedings after termination.
1205.346 Effect of termination or amendment.
1205.347 Personal liability.
1205.348 Separability.
Subpart--Members of Cotton Board
1205.401 Definitions.
1205.402 Determination of Cotton Board membership.
1205.403 Nomination procedure.
Subpart--Cotton Board Rules and Regulations
Definitions
1205.500 Terms defined.
General
1205.505 Communication.
Assessments
1205.510 Levy of assessments.
1205.511 Payment and collection.
1205.512 Collecting handlers and time of collection of $1 per bale
assessment.
1205.513 Collecting handlers and time of collection of the supplemental
assessment.
1205.514 Customs Service and the Collection of the $1 per bale
assessment.
1205.515 Customs Service and the collection of the supplemental
assessment.
1205.516 Reports and remittance to the Cotton Board.
1205.517 Failure to report and remit.
1205.518 Receipts for payment of assessments.
Reimbursements
1205.520 Procedure for obtaining reimbursement.
Warehouse Receipts
1205.525 Entry of gin code number.
[[Page 18]]
Reports and Records
1205.530 Gin reports and reporting schedule.
1205.531 Records.
1205.532 Retention period for reports and records.
1205.533 Availability of reports and records.
Confidential Information
1205.540 Confidential books, records, and reports.
1205.541 OMB control numbers.
Subpart--Fiscal Period [Reserved]
Authority: 7 U.S.C. 2101-2118.
Subpart--Procedures for Conduct of Sign-up Period
Source: 62 FR 1660, Jan. 13, 1997, unless otherwise noted.
Definitions
Sec. 1205.10 Act.
The term Act means the Cotton Research and Promotion Act, as amended
[7 U.S.C 2101-2118; Public Law 89-502, 80 Stat 279, as amended].
Sec. 1205.11 Administrator.
The term Administrator means the Administrator of the Agricultural
Marketing Service, or any officer or employee of USDA to whom authority
has been delegated to act in the Administrator's stead.
Sec. 1205.12 Cotton.
The term cotton means all Upland cotton harvested in the United
States and all imports of Upland cotton, including the Upland cotton
content of products derived thereof. The term cotton does not include
imported cotton for which the assessment is less than the de minimis
assessment established by regulations.
Sec. 1205.13 Upland cotton.
The term Upland cotton means all cultivated varieties of the species
Gossypium hirsutum L.
Sec. 1205.14 Department.
The term Department means the U.S. Department of Agriculture.
Sec. 1205.15 Farm Service Agency.
The term Farm Service Agency--formerly Agricultural Stabilization
and Conservation Service (ASCS)--also referred to as ``FSA,'' means the
Farm Service Agency of the Department.
Sec. 1205.16 Order.
The term Order means the Cotton Research and Promotion Order.
Sec. 1205.17 Person.
The term person means any individual 18 years of age or older, or
any partnership, corporation, association, or any other entity.
Sec. 1205.18 Producer.
The term producer means any person who shares in a cotton crop, or
in the proceeds thereof, as an owner of the farm, cash tenant, landlord
of a share tenant, share tenant, or sharecropper.
Sec. 1205.19 Importer.
The term importer means any person who enters, or withdraws from
warehouse, cotton for consumption in the customs territory of the United
States, and the term import means any such entry.
Sec. 1205.20 Representative period.
The term representative period means the 1995 calendar year.
Sec. 1205.21 Secretary.
The term Secretary means the Secretary of Agriculture of the United
States, or any other officer or employee of the Department to whom
authority has been delegated to act in the Secretary's stead.
Sec. 1205.22 State.
The term State means each of the 50 states.
Sec. 1205.23 United States.
The term United States means the 50 states of the United States of
America.
Procedures
Sec. 1205.24 General.
A sign-up period will be conducted to determine whether eligible
producers and importers favor the conduct of a
[[Page 19]]
referendum on the continuance of the 1991 amendments to the Order.
(a) If the Secretary determines, based on the results of the sign-up
period, that at least 10 percent (4,622) or more of the number of cotton
producers and importers who voted in the 1991 referendum request the
conduct of a continuance referendum on the 1991 Order amendments, a
referendum will be held within 12 months after the end of the sign-up
period. Not more than 20 percent of the total requests counted toward
the 10 percent figure may be from producers from any one state or from
importers of cotton.
(b) If the Secretary determines that fewer than 10 percent (4,622)
of the number of producers and importers who voted in the 1991
referendum do not favor a continuance referendum, no referendum will be
held.
Sec. 1205.25 Supervision of sign-up period.
The Administrator shall be responsible for conducting the sign-up
period in accordance with this subpart.
Sec. 1205.26 Eligibility.
Only persons who meet the eligibility requirements in this subpart
may participate in the sign-up period. No person is entitled to sign up
more than once.
(a) Except as set forth in paragraphs (b) and (c) of this section,
the following persons are eligible to request the conduct of a
continuance referendum:
(1) any person who was engaged in the production of Upland cotton
during calendar year 1995; and
(2) any person who was an importer of Upland cotton and imported
Upland cotton in excess of the de minimis assessment value of $2.00 per
line item entry during calendar year 1995.
(b) A general partnership is not eligible to request a continuance
referendum, however, the individual partners of an eligible general
partnership are each entitled to submit a request.
(c) Where a group of individuals is engaged in the production of
Upland cotton under the same lease or cropping agreement, only the
individual or individuals who signed or entered into the lease or
cropping agreement are eligible to participate in the sign-up period.
Individuals who are engaged in the production of Upland cotton as joint
tenants, tenants in common, or owners of community property, are each
entitled to submit a request if they share in the proceeds of the
required crop as owners, cash tenants, share tenants, sharecroppers or
landlords of a fixed rent, standing rent or share tenant.
(d) An officer or authorized representative of a qualified
corporation or association may submit a request on behalf of that
corporation or association.
(e) A guardian, administrator, executor, or trustee of any qualified
estate or trust may submit a request on behalf of that estate or trust.
(f) An individual may not submit a request on behalf of another
individual.
Sec. 1205.27 Participation in the sign-up period.
The sign-up period will be from January 15, 1997, through April 14,
1997. Those persons who favor the conduct of a continuance referendum
and who wish to request that USDA conduct such a referendum may do so by
submitting such request in accordance with this section. All requests
must be received by the appropriate USDA office by April 14, 1997.
(a) Before the sign-up period begins, FSA shall establish a list of
known, eligible, Upland cotton producers at each county office serving
counties where cotton is produced, and shall also establish a list of
known, eligible Upland cotton importers.
(b) Before the start of the sign-up period, USDA shall mail a
request form to each known, eligible, cotton importer. Importers who
wish to request a referendum and who do not receive a request form in
the mail by February 1, 1997, may participate in the sign-up period by
submitting a signed, written, request for a continuance referendum,
along with a copy of a U.S. Customs form 7501 showing payment of a
cotton assessment for calendar year 1995. Importers must submit their
requests and supporting documents to USDA, FSA, DAPDFO, STOP 0539,
Attention: William A. Brown, P.O. Box 2415, Room 3096-s, 1400
Independence Ave. SW., Washington, D.C., 20250-0539. All requests and
supporting documents must
[[Page 20]]
be received by the appropriate FSA office by April 14, 1997.
(c) Producers must request a continuance referendum by signing up in
person at the county FSA office that serves the county where the
producer's farm is located. A producer who wishes to request a
referendum and whose name does not appear on the cotton producer list at
the appropriate county FSA office may participate in the sign-up period
by submitting a signed, written, request for a continuance referendum,
along with a copy of a sales receipt for cotton produced during 1995.
All requests and supporting documentation must be received by the
appropriate FSA office by April 14, 1997.
Sec. 1205.28 Counting.
County FSA offices and FSA, Deputy Administrator for Program
Delivery and Field Operations (DAPDFO), shall begin counting requests no
later than April 15, 1997. FSA shall determine the number of eligible
persons who favor the conduct of a continuance referendum.
Sec. 1205.29 Reporting results.
(a) Each county FSA office shall prepare and transmit to the state
FSA office, by April 23, 1997, a written report of the number of
eligible producers who requested the conduct of a referendum, and the
number of ineligible persons who made requests.
(b) DAPDFO shall prepare, by April 23, 1997, a written report of the
number of eligible importers who requested the conduct of a referendum,
and the number of ineligible persons who made requests.
(c) Each state FSA office shall, by April 30, 1997, forward all
county reports, and DAPDFO shall, by April 30, 1997, forward its report
of importer requests, to the Director, Cotton Division, AMS, STOP 0224,
1400 Independence Avenue, SW., Washington, D.C., 20250-0224.
(d) The Chief of the Research and Promotion Staff, Cotton Division,
shall prepare a report of the requests received, including the number of
eligible persons who requested the conduct of a referendum, and the
number of ineligible persons who made requests, to the Director of the
Cotton Division, and shall maintain one copy of the report where it will
be available for public inspection for a period of 5 years following the
end of the sign-up period.
(e) The Director of the Cotton Division shall prepare and submit to
the Secretary a report of the results of the sign-up period. The
Secretary will conduct a referendum if requested by 10 percent or more
of the number of cotton producers and importers voting in the most
recent (July 1991) referendum, but not more than 20 percent of the total
requests counted toward the 10 percent figure may be from producers in
any one state or from importers of cotton. The Secretary shall announce
the results of the sign-up period in a separate notice in the Federal
Register.
Sec. 1205.30 Instructions and forms.
The Administrator is hereby authorized to prescribe additional
instructions and forms consistent with the provisions of this subpart to
govern conduct of the sign-up period.
Subpart--Cotton Research and Promotion Order
Source: 31 FR 16758, Dec. 31, 1966, unless otherwise noted.
Definitions
Sec. 1205.301 Secretary.
Secretary means the Secretary of Agriculture of the United States,
or any officer or employee of the U.S. Department of Agriculture to whom
authority has heretofore been delegated, or to whom authority may
hereafter be delegated, to act in his stead.
Sec. 1205.302 Act.
Act means the Cotton Research and Promotion Act, as amended (7
U.S.C. 2101-2118; Public Law 89-502, 80 Stat 279, as amended).
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.303 Person.
Person means any individual, partnership, corporation, association,
or any other entity.
[[Page 21]]
Sec. 1205.304 Cotton.
Cotton means:
(a) All Upland cotton harvested in the United States, and, except as
used in Secs. 1205.311 and 1205.335, includes cottonseed of such cotton
and the products derived from such cotton and its seed, and
(b) Imports of Upland cotton, including the Upland cotton content of
the products derived thereof. The term ``cotton'' shall not, however,
include:
(1) Any entry of imported cotton by an importer which has a value or
weight less than a de minimis amount established in regulations issued
by the Secretary and
(2) Industrial products as that term is defined by regulation.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.305 Upland cotton.
Upland cotton means all cultivated varieties of the species
Gossypium hirsutum L.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.306 Bale.
Except as used in Sec. 1205.322, Bale means the package of lint
cotton produced at a cotton gin or the amount of processed cotton in a
manufactured product that is equivalent to a 500 pound bale of lint
cotton.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.307 Fiscal period.
Fiscal period is the 12-month budgetary period and means the
calendar year unless the Cotton Board, with the approval of the
Secretary, selects some other 12-months budgetary period.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.308 Cotton Board.
Cotton Board means the administrative body established pursuant to
Sec. 1205.318.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.309 Producer.
Producer means any person who shares in a cotton crop actually
harvested on a farm, or in the proceeds thereof, as an owner of the
farm, cash tenant, landlord of a share tenant, share tenant, or
sharecropper.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.310 Importer.
Importer means many person who enters, or withdraws from warehouse,
cotton for consumption in the customs territory of the United States,
and the term import means any such entry.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.311 Handler.
Handler means any person who handles cotton, including the Commodity
Credit Corporation.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.312 Handle.
Handle means to harvest, gin, warehouse, compress, purchase, market,
transport, or otherwise acquire ownership or control of cotton.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.313 United States.
United States means the 50 States of the United States of America.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.314 Cotton-producing State
Cotton-producing State means each of the following States and
combinations of States:
Alabama-Florida; Arizona; Arkansas; California-Nevada; Georgia;
Louisiana; Mississippi; Missouri-Illinois; New Mexico; North Carolina-
Virginia; Oklahoma; South Carolina; Tennessee-Kentucky; Texas.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.315 Marketing.
Marketing includes the sale of cotton or the pledging of cotton to
the Commodity Credit Corporation as collateral for a price support loan.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
[[Page 22]]
Sec. 1205.316 Cotton-Producer organization.
Cotton-Producer organization means any organization which has been
certified by the Secretary pursuant to Sec. 1205.341.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.317 Cotton-Importer organization.
Cotton-Importer organization means any organization which has been
certified by the Secretary pursuant to Sec. 1205.342.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.318 Contracting organization or association.
Contracting organization or association means the organization or
association with which the Cotton Board has entered into a contract or
agreement pursuant to Sec. 1205.328(c).
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.319 Cotton-producing region.
Cotton-producing region means each of the following groups of
cotton-producing States:
(a) Southeast Region: Alabama-Florida, Georgia, North Carolina-
Virginia, and South Carolina;
(b) Midsouth Region: Arkansas, Louisiana, Mississippi, Missouri-
Illinois, and Tennessee-Kentucky;
(c) Southwest Region: Oklahoma and Texas;
(d) Western Region: Arizona, California-Nevada, and New Mexico.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.320 Marketing year.
Marketing year means a consecutive 12-month period ending on July
31.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.321 Part and subpart.
Part means the cotton research and promotion order and all rules,
regulations and supplemental orders issued pursuant to the act and the
order, and the aforesaid order shall be a ``subpart'' of such part.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Cotton Board
Sec. 1205.322 Establishment and membership.
(a) There is hereby established a Cotton Board composed of:
(1) Representatives of cotton producers, each of whom shall have an
alternate, selected by the Secretary from nominations submitted by
eligible producer organizations within a cotton-producing state, as
certified pursuant to Sec. 1205.341, or, if the Secretary determines
that a substantial number of producers are not members of or their
interests are not represented by any such eligible organizations, from
nominations made by producers in a manner authorized by the Secretary,
and
(2) Representatives of cotton importers, each of whom shall have an
alternate, selected by the Secretary from nominations submitted by
eligible importer organizations, as certified pursuant to Sec. 1205.342,
or, if the Secretary determines that a substantial number of importers
are not members of or their interests are not represented by any such
eligible organization, from nominations made by importers in a manner
authorized by the Secretary.
(b) Representation on the Cotton Board shall be as follows:
(1) Each cotton-producing state shall have at least one member and
an additional member for each 1 million bales or major fraction (more
than half) thereof of cotton produced in the state and marketed above
one million bales during the period specified in the regulations for
determining Board membership; and
(2) Cotton importers shall be represented by an appropriate number
of representatives, as determined by the Secretary, of importers of
cotton subject to assessment during the period specified in the
regulations for determining Board membership. That number shall not be
less than two members. The initial importer representation on the Board
shall consist of four representatives. The Secretary may, after
[[Page 23]]
consultation with organizations representing importers, reduce or
increase the number of importer representatives, in the manner
prescribed by the Secretary.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.323 Term of office.
All members of the Board and their alternatives shall serve for
terms of three years. Each member and alternate shall continue to serve
until a successor is selected and has qualified.
[56 FR 64472, Dec. 10, 1991]
Sec. 1205.324 Nominations.
All nominations authorized under Sec. 1205.322 shall be made within
such a period of time and in such a manner as the Secretary shall
prescribe. The eligible producer organizations within each cotton-
producing state, as certified pursuant to Sec. 1205.341, shall caucus
for the purpose of jointly nominating two qualified persons for each
member and each alternate member to be selected to represent the cotton
producers of such cotton-producing state. The eligible importer
organizations, as certified pursuant to Sec. 1205.342, shall caucus for
the purpose of jointly nominating two qualified persons for each member
and alternate member to be selected to represent cotton importers. If
joint agreement is not reached with respect to the nominees for any such
position, each such organization may nominate two qualified persons for
any position on which there is no agreement.
[56 FR 64472, Dec. 10, 1991; 56 FR 66670, Dec. 24, 1991]
Sec. 1205.325 Selection.
From the nominations made pursuant to Secs. 1205.322 and 1205.324,
the Secretary shall select the members of the Board and an alternate for
each member on the basis of representation provided for in
Secs. 1205.322 and 1205.323.
[56 FR 64473, Dec. 10, 1991]
Sec. 1205.326 Acceptance.
Any person selected by the Secretary as a member or as an alternate
member of the Board shall qualify by filing a written acceptance with
the Secretary promptly after being notified of such selection.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.327 Vacancies.
To fill any vacancy occasioned by the failure of any person selected
as a member or as an alternate member of the Board to qualify, or in the
event of death, removal, resignation or disqualification of any member
or alternate member of the Board, a successor for the unexpired term of
such member or alternate member of the Board shall be nominated and
selected in the manner specified in Secs. 1205.322, 1205.324 and
1205.325.
[56 FR 64473, Dec. 10, 1991]
Sec. 1205.328 Alternate members.
An alternate member of the Board, during the absence of the member
for whom the person is the alternate, shall act in the place and stead
of such member and perform such other duties as assigned. In the event
of death, removal, resignation or disqualification of a member, the
alternate for the member shall act for the member until a successor for
such member is selected and qualified. In the event that both a producer
member of the Board and the member's alternate are unable to attend a
meeting, the Board may designate any other alternate member from the
same cotton-producing state or region to serve in such member's place
and stead of such meeting. In the event that both an importer member and
the member's alternate are unable to attend a meeting, the Board may
designate any other importer alternate member to serve in such member's
place and stead at such meeting.
[56 FR 64473, Dec. 10, 1991]
Sec. 1205.329 Procedure.
A majority of the members of the Board, or alternates acting for
members, shall constitute a quorum and any action of the Board shall
require the concurring votes of at least a majority of those present and
voting. At assembled meetings all votes shall be cast in person. For
routine and noncontroversial matters which do not require deliberation
and the exchange of
[[Page 24]]
views, and in matters of an emergency nature when there is not enough
time to call an assembled meeting of the Board, the Board may also take
action upon the concurring votes of a majority of its members by mail,
telegraph or telephone, but any such action by telephone shall be
confirmed promptly in writing.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.330 Compensation and reimbursement.
The members of the Board, and alternates when acting as members,
shall serve without compensation but shall be reimbursed for necessary
expenses, as approved by the Board, incurred by them in the performance
of their duties under this subpart.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.331 Powers.
The Board shall have the following powers:
(a) To administer the provisions of this subpart in accordance with
its terms and provisions;
(b) Subject to the approval of the Secretary, to make rules and
regulations to effectuate the terms and provisions of this subpart
including the designation of the handler, importer, or other person
responsible for collecting the assessments authorized by Sec. 1205.335,
which designation may be of different handlers, importers, or other
persons, or classes of handlers, importers, or other persons, to
recognize differences in marketing practices or procedures in any state
or area;
(c) To receive, investigate, and report to the Secretary complaints
of violations of the provisions of this subpart;
(d) To recommend to the Secretary amendments to this subpart.
[31 FR 16758, Dec. 31, 1966, as amended at 42 FR 4813, Jan. 26, 1977.
Redesignated and amended at 56 FR 64472, 64473, Dec. 10, 1991]
Sec. 1205.332 Duties.
The Board shall have the following duties:
(a) To select from among its members a chairman and such other
officers as may be necessary for the conduct of its business, and to
define their duties;
(b) To appoint or employ such persons as it may deem necessary and
to determine the compensation and to define the duties of each;
(c) With the approval of the Secretary, to enter into contracts or
agreements for the development and submission to it of research and
promotion plans or projects authorized by Sec. 1205.333, and for the
carrying out of such plans or projects when approved by the Secretary,
and for the payment of costs thereof with funds collected pursuant to
Sec. 1205.335, with an organization or association whose governing body
consists of cotton producers selected by the cotton-producer
organizations certified by the Secretary under Sec. 1205.341, in such
manner that the producers of each cotton-producing state will, to the
extent practicable, have representation on the governing body of such
organization in the proportion that the cotton marketed by the producers
of such state bears to the total marketed by the producers of all
cotton-producing states. Any such contract or agreement shall provide
that such contracting organization or association shall develop and
submit annually to the Cotton Board, for the purpose of review and
making recommendations to the Secretary, a program of research,
advertising, and sales promotion projects, together with a budget, or
budgets, which shall show the estimated cost to be incurred for such
projects, and that any such projects shall become effective upon
approval by the Secretary. Any such contract or agreement shall also
provide that the contracting organization shall keep accurate records of
all its transactions, which shall be available to the Secretary and
Board on demand, and make an annual report to the Cotton Board of
activities carried out and an accounting for funds received and
expended, and such other reports as the Secretary may require;
(d) To review and submit to the Secretary any research and promotion
plans or projects which have been developed and submitted to it by the
contracting organization or association, together with its
recommendations
[[Page 25]]
with respect to the approval thereof by the Secretary;
(e) To submit to the Secretary for his approval budgets on a fiscal
period basis of its anticipated expenses and disbursements in the
administration of this subpart, including probable costs of advertising
and promotion and research and development projects as estimated in the
budget or budgets submitted to it by the contracting organization or
association, with the Board's recommendations with respect thereto;
(f) To maintain such books and records and prepare and submit such
reports from time to time to the Secretary as he may prescribe, and to
make appropriate accounting with respect to the receipt and disbursement
of all funds entrusted to it;
(g) To cause its books to be audited by a competent public
accountant at least once each fiscal period and at such other times as
the Secretary may request, and to submit a copy of each such audit to
the Secretary;
(h) To give the Secretary the same notice of meetings of the Board
as is given to members in order that his representative may attend such
meetings;
(i) To act as intermediary between the Secretary and any producer,
importer, or handler.
(j) To submit to the Secretary such information as he may request.
[31 FR 16758, Dec. 31, 1966. Redesignated and amended at 56 FR 64472,
64473, Dec. 10, 1991]
Research and Promotion
Sec. 1205.333 Research and promotion.
The Cotton Board shall in the manner prescribed in Sec. 1205.332(c)
establish or provide for:
(a) The establishment, issuance, effectuation, and administration of
appropriate plans or projects for the advertising and sales promotion of
cotton and its products, which plans or projects shall be directed
toward increasing the general demand for cotton or its products in
accordance with section 6(a) of the act;
(b) The establishment and carrying on of research and development
projects and studies with respect to the production, ginning,
processing, distribution, or utilization of cotton and its products in
accordance with section 6(b) of the act, to the end that the marketing
and utilization of cotton may be encouraged, expanded, improved, or made
more efficient.
[31 FR 16758, Dec. 31, 1966. Redesignated and amended at 56 FR 64472,
64473, Dec. 10, 1991]
Expenses and Assessments
Sec. 1205.334 Expenses.
(a) The Board is authorized to incur such expenses as the Secretary
finds are reasonable and likely to be incurred by the Board for its
maintenance and functioning and to enable it to exercise its powers and
perform its duties in accordance with the provisions of this subpart.
(b) The Board shall reimburse the Secretary for:
(1) Expenses up to $300,000 incurred by the Secretary in connection
with any referendum conducted under the Act and
(2) Expenses incurred by the Department of Agriculture for
administrative and supervisory costs up to five employee years annually.
(c) The Board shall reimburse any agency of the United States
Government that assists in administering the import provisions of the
order for a reasonable amount of the expenses incurred by that agency in
connection therewith.
(d) The funds to cover such expenses incurred under paragraphs (a),
(b) and (c) of this section shall be paid from assessments received
pursuant to Sec. 1205.335.
[42 FR 4813, Jan. 26, 1977. Redesignated and amended at 56 FR 64472,
64473, Dec. 10, 1991]
Sec. 1205.335 Assessments.
(a) Each cotton producer or other person for whom cotton is being
handled shall pay to the handler thereof designated by the Cotton Board
pursuant to regulations issued by the Secretary and such handler shall
collect from the producer or other person for whom the cotton, including
cotton owned by the handler, is being handled, and shall pay to the
Cotton Board, at such times and in such manner as prescribed by
regulations issued by the Secretary, assessments as prescribed in
paragraphs (a) (1) and (2) of this section:
[[Page 26]]
(1) An assessment at the rate of $1 per bale of cotton handled;
(2) A supplemental assessment on cotton handled which shall not
exceed one percent of the value of such cotton as determined by the
Cotton Board and approved by the Secretary and published in the Cotton
Board rules and regulations. The rate of the supplemental assessment may
be increased or decreased by the Cotton Board with the approval of the
Secretary. The Secretary shall prescribe by regulation whether the
assessment rate shall be levied on:
(i) The current value of the cotton, or
(ii) An average value determined from current and/or historical
cotton prices and converted to a fixed amount for each bale.
(b) Each importer of cotton shall pay to the Cotton Board through
the U.S. Customs Service, or in such other manner and at such times as
prescribed by regulations issued by the Secretary, assessments as
prescribed in paragraphs (b)(1) and (2) of this section:
(1) An assessment of $1 per bale of cotton imported or the bale
equivalent thereof for cotton products.
(2) A supplemental assessment on each bale of cotton imported, or
the bale equivalent thereof for cotton products, which shall not exceed
one percent of the value of such cotton as determined by the Cotton
Board and approved by the Secretary and published in the Cotton Board
rules and regulations. The rate of the supplemental assessment on
imported cotton shall be the same as that paid on cotton produced in the
United States. The rate of the supplemental assessment may be increased
or decreased by the Cotton Board with the approval of the Secretary. The
Secretary shall prescribe by regulation the value of imported cotton
based on an average of current and/or historical cotton prices.
(c) The Secretary may designate by regulation exemptions to
assessments provided for in this section for the following:
(1) Entries of products designated by specific Harmonized Tariff
Schedule numbers which the Secretary determines are composed of U.S.
cotton or other than Upland cotton, and for;
(2) Cotton contained in entries of imported cotton and cotton
products that is U.S. produced cotton or is other than Upland cotton.
(d) Assessments collected under this section are to be used for such
expenses and expenditures, including provision for a reasonable reserve,
as the Secretary finds reasonable and likely to be incurred by the
Cotton Board and the Secretary under this subpart.
[56 FR 64473, Dec. 10, 1991]
Sec. 1205.336 ``Importer Reimbursements''.
Any cotton importer against whose imports any assessment is made and
collected under the authority of the Act who has reason to believe that
such assessment or any portion of such assessment was made on U.S.
produced cotton or cotton other than Upland cotton shall have the right
to demand and receive from the Cotton Board a reimbursement of the
assessment or portion of the assessment upon submission of proof
satisfactory to the Board that the importer paid the assessment and that
the cotton was produced in the U.S. or is other than Upland cotton. Any
such demand shall be made by the importer in accordance with regulations
and on a form and within a time period prescribed by the Board and
approved by the Secretary. Such time periods shall provide the importer
at least 90 days from the date of collection to submit the reimbursement
form to the Board. Any such reimbursement shall be made within 60 days
after demand therefor.
[56 FR 64474, Dec. 10, 1991]
Sec. 1205.337 Influencing governmental action.
No funds collected by the Board under this subpart shall in any
manner be used for the purpose of influencing governmental policy or
action except in recommending to the Secretary amendments to this
subpart.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
[[Page 27]]
Reports, Books, and Records
Sec. 1205.338 Reports.
Each handler and importer subject to this subpart and importers of
de minimis amounts of cotton may be required to report to the Cotton
Board periodically such information as is required by regulations, which
may include but not be limited to the following:
(a) Number of bales handled or imported;
(b) Number of bales on which an assessment was collected;
(c) Name and address of person from whom the handler has collected
the assessments on each bale handled or imported;
(d) Date collection was made on each bale handled or imported.
[56 FR 64474, Dec. 10, 1991]
Sec. 1205.339 Books and records.
Each handler and importer subject to this subpart and importers of
de minimis amounts of cotton shall maintain and make available for
inspection by the Secretary such books and records as are necessary to
carry out the provisions of this subpart and the regulations issued
thereunder, including such records as are necessary to verify any
reports required. Such records shall be retained for at least two years
beyond the marketing year of their applicability.
[56 FR 64474, Dec. 10, 1991]
Sec. 1205.340 Confidential treatment.
All information obtained from such books, records or reports shall
be kept confidential by all officers and employees of the Department of
Agriculture and of the Cotton Board, and only such information so
furnished or acquired as the Secretary deems relevant shall be disclosed
by them, and then only in a suit or administrative hearing brought at
the direction, or upon the request, of the Secretary of Agriculture, or
to which the Secretary or any officer of the United States is a party,
and involving this subpart. Nothing in this Sec. 1205.340 shall be
deemed to prohibit:
(a) The issuance of general statements based upon the reports of a
number of handlers or importers subject to this subpart or importers of
de minimis amounts of cotton, which statements do not identify the
information furnished by any person, or
(b) The publication by the direction of the Secretary, of the name
of any person violating this subpart, together with a statement of the
particular provisions of this subpart violated by such person.
[56 FR 64474, Dec. 10, 1991]
Certification of Cotton Producer Organization
Sec. 1205.341 Certification of cotton producer organization.
Any cotton producer organization within a cotton-producing State may
request the Secretary for certification of eligibility to participate in
nominating members and alternate members to represent such State on the
Cotton Board. Such eligibility shall be based in addition to other
available information upon a factual report submitted by the
organization which shall contain information deemed relevant and
specified by the Secretary for the making of such determination,
including the following:
(a) Geographic territory within the State covered by the
organization's active membership;
(b) Nature and size of the organization's active membership in the
State, proportion of total of such active membership accounted for by
farmers, a map showing the cotton-producing counties in such State in
which the organization has members, the volume of cotton produced in
each such county, the number of cotton producers in each such county,
and the size of the organization's active cotton producer membership in
each such county;
(c) The extent to which the cotton producer membership of such
organization is represented in setting the organization's policies;
(d) Evidence of stability and permanency of the organization;
(e) Sources from which the organization's operating funds are
derived;
(f) Functions of the organization; and
(g) The organization's ability and willingness to further the aims
and objectives of the act.
[[Page 28]]
The primary consideration in determining the eligibility of an
organization shall be whether its cotton producer membership consists of
a sufficiently large number of cotton producers who produce a relatively
significant volume of cotton to reasonably warrant its participation in
the nomination of members for the Cotton Board. Any cotton producer
organization found eligible by the Secretary under this Sec. 1205.341
will be certified by the Secretary, and the Secretary's determination as
to eligibility is final.
[31 FR 16758, Dec. 31, 1966. Redesignated and amended at 56 FR 64472,
64474, Dec. 10, 1991]
Sec. 1205.342 Certification of cotton importer organizations.
Any importer organization may request the Secretary for
certification of eligibility to participate in nominating members and
alternate members to represent cotton importers on the Cotton Board.
Such eligibility shall be based, in addition to other available
information, upon a factual report submitted by the organization which
shall contain information deemed relevant and specified by the Secretary
for the making of such determination, including the following:
(a) Nature and size of organization's active membership, proportion
of total active membership accounted for by cotton importers and the
total amount of cotton imported by the organization's cotton importer
members;
(b) The extent to which the cotton importer membership of such
organization is represented in setting the organization's policies;
(c) Evidence of stability and permanency of the organization;
(d) Sources from which the organization's operating funds are
derived;
(e) Functions of the organization; and
(f) The organization's ability and willingness to further the aims
and objectives of the Act.
The primary consideration in determining the eligibility of an
organization shall be whether its membership consist of a sufficient
large number of cotton importers who import a relatively significant
volume of cotton to reasonably warrant its participation in the
nomination of members for the Cotton Board. Any importer organization
found eligible by the Secretary under this Sec. 1205.342 will be
certified by the Secretary, and the Secretary's determination as to
eligibility is final.
[56 FR 64475, Dec. 10, 1991]
Miscellaneous
Sec. 1205.343 Suspension and termination.
(a) The Secretary will, whenever the Secretary finds that this
subpart or any provision thereof obstructs or does not tend to
effectuate the declared policy of the Act, terminate or suspend the
operation of this subpart or such provision.
(b) The Secretary may conduct a referendum at any time, and shall
hold a referendum on request of 10 percent or more of the number of
cotton producers and importers (if subject to the Order) voting in the
most recent referendum, to determine whether cotton producers and
importers subject to the Order favor the suspension or termination of
this subpart, except that in counting such request for a referendum, not
more than 20 percent of such request may be from producers from any one
state or importers of cotton (if subject to the Order). The Secretary
shall suspend or terminate such subpart at the end of the marketing year
whenever the Secretary determines that its suspension or termination is
approved or favored by a majority of producers and importers subject to
the Order voting in such referendum who, during a representative period
determined by the Secretary, have been engaged in the production or
importation of cotton, and who produced and imported more than 50
percent of the volume of cotton produced and imported by those voting in
the referendum.
[56 FR 64474, Dec. 10, 1991]
Sec. 1205.345 Proceedings after termination.
(a) Upon the termination of this subpart the Cotton Board shall
recommend not more than five of its members to the Secretary to serve as
trustees, for the purpose of liquidating the affairs of the Cotton
Board. Such
[[Page 29]]
persons, upon designation by the Secretary, shall become trustees of all
of the funds and property then in the possession or under control of the
Board, including claims for any funds unpaid or property not delivered
or any other claim existing at the time of such termination.
(b) The said trustees shall--
(1) Continue in such capacity until discharged by the Secretary;
(2) Carry out the obligations of the Cotton Board under any
contracts or agreements entered into by it pursuant to Sec. 1205.332
(c);
(3) From time-to-time account for all receipts and disbursements and
deliver all property on hand, together with all books and records of the
Board and the trustees, to such person or persons as the Secretary may
direct; and
(4) Upon request of the Secretary execute such assignments or other
instruments necessary or appropriate to vest in such persons full title
and right to all funds, property and claims vested in the Board or the
trustees pursuant to this Sec. 1205.345.
(c) Any person to whom funds, property or claims have been
transferred or delivered pursuant to this Sec. 1205.345 shall be subject
to the same obligation imposed upon the Cotton Board and upon the
trustees.
(d) Any residual funds not required to defray the necessary expenses
of liquidation shall be turned over to the Secretary to be disposed of,
to the extent practicable, in the interest of continuing one or more of
the cotton research or promotion programs hitherto authorized.
[31 FR 16758, Dec. 31, 1966. Redesignated and amended at 56 FR 64472,
64475, Dec. 10, 1991]
Sec. 1205.346 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the
termination of this subpart or of any regulation issued pursuant
thereto, or the issuance of any amendment to either thereof, shall not
(a) affect or waive any right, duty, obligation, or liability which
shall have arisen or which may thereafter arise in connection with any
provision of this subpart or any regulation issued thereunder, or (b)
release or extinguish any violation of this subpart or any regulation
issued thereunder, or (c) affect or impair any rights or remedies of the
United States, or of the Secretary, or of any other person, with respect
to any such violation.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.347 Personal liability.
No member or alternate member of the Cotton Board 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 or
alternate, except for acts of dishonesty or willful misconduct.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Sec. 1205.348 Separability.
If any provision of this subpart is declared invalid or the
applicability thereof to any person or circumstances is held invalid,
the validity of the remainder of this subpart or the applicability
thereof to other persons or circumstances shall not be affected thereby.
[31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991]
Subpart--Members of Cotton Board
Sec. 1205.401 Definitions.
(a) Cotton Division. Cotton Division means the Cotton Division of
the Agricultural Marketing Service of the U.S. Department of
Agriculture.
(b) Director. Director means the Director of the Cotton Division.
[32 FR 1084, Jan. 31, 1967, as amended at 41 FR 37092, Sept. 2, 1976]
Sec. 1205.402 Determination of Cotton Board membership.
(a) In determining whether any cotton-producing state is entitled to
be represented by more than one member of the Cotton Board as provided
in Sec. 1205.322, average annual production of Upland cotton in terms of
480-pound net weight bales for the five most recent marketing years will
be used as
[[Page 30]]
the criteria for determination of such additional members.
(b) In determining whether importers of cotton and cotton-containing
products are entitled to be represented by more than a minimum of two
members on the Cotton Board as provided in Sec. 1205.322, the average
annual volume of imported cotton and the cotton content of imported
products on which assessments have been collected will be used as the
criteria for determination of such additional members. This volume of
cotton will be expressed in terms of 480-pound net weight bales for the
five most recent calendar years. The initial importer representation on
the Board shall consist of four importer representatives.
(c) All members appointed from a state will be entitled to serve a
full three-year term even though it is determined in a subsequent year
that a state should have fewer additional members by using the average
production of the five most recent marketing years as specified in
paragraph (a) of this section.
(d) All members appointed to represent importers will be entitled to
serve a full three-year term even though it is determined in a
subsequent year that importers should be represented by fewer additional
members by using the average volume of imports of cotton and the cotton
content of products on which assessments have been collected as
specified in paragraph (b) of this section.
(e) Each year the Director shall:
(1) Based on the average annual production of Upland cotton in terms
of 480-pound net weight bales for the five most recent marketing years,
notify all certified cotton producer organizations in each cotton-
producing state of the number of vacancies to be filled by cotton
producers on the Cotton Board; and
(2) Based on the average annual volume of imports of cotton and the
cotton content of cotton-containing products on which assessments as
provided for in Sec. 1205.335 have been collected in terms of 480-pound
net weight bales for the five most recent calendar years, notify all
certified cotton importer organizations of the number of vacancies to be
filled by cotton importers on the Cotton Board.
[56 FR 65980, Dec. 20, 1991]
Sec. 1205.403 Nomination procedure.
(a) The Director shall notify all certified producer organizations
within each cotton-producing state and all certified importer
organizations of the location, date, and time of the caucus for
nominating producer and importer representatives for the Cotton Board as
specified in Sec. 1205.324. The Director will designate a representative
from the Cotton Division to attend the caucus meeting of cotton producer
organizations in each state, and of cotton importer organizations. Each
eligible cotton producer organization within each cotton-producing state
and each importer organization will be entitled to only one
representative at the caucus for the purpose of nominating two qualified
persons for each member and for each alternate member to be selected.
The representative of a cotton producer organization shall be a cotton
producer and resident of such state, an officer or member of the Board
of Directors of such organization, and duly and unqualifiedly authorized
in writing by such organization to make nominations on its behalf. The
representative of an importer organization shall be an importer of
cotton and/or products containing cotton, an officer or member of the
Board of Directors of such organization, and duly and unqualifiedly
authorized in writing by such organization to make nominations on its
behalf. The representative of the Director designated to attend the
caucus meeting of cotton producer organizations in each state and of
cotton importer organizations will ascertain the qualifications and
eligibility of each representative of a cotton producer organization or
cotton importer organization to participate in said meeting and to make
nominations.
(b) Each caucus will be conducted as follows:
(1) The representative from the Cotton Division will act as
temporary chairperson and will explain the procedure for nominations and
the duties of the Cotton Board;
(2) The representatives in attendance from the certified
organizations will
[[Page 31]]
then select a chairperson and secretary;
(3) At each caucus there will be presented for nomination and there
will be nominated not less than the number of nominees required under
the provisions of Secs. 1205.322, 1205.324, and 1205.402.
[56 FR 65981, Dec. 20, 1991]
Subpart--Cotton Board Rules and Regulations
Source: 42 FR 35974, July 13, 1977, unless otherwise noted.
Definitions
Sec. 1205.500 Terms defined.
As used throughout this subpart, unless the context otherwise
requires, the following terms shall mean:
(a) ASCS means the Agricultural Stabilization and Conservation
Service of the U.S. Department of Agriculture.
(b) Cotton Board means the administrative body established pursuant
to the Cotton Research and Promotion Order.
(c) CCC means the Commodity Credit Corporation.
(d) Current value of Cotton means the gross price per pound of lint
cotton received by the producer for cotton as shown on the producers'
settlement document before deductions are made for weight penalties,
buyer's commission or brokerage fees, marketing fees, the $1 per bale
cotton research and promotion assessment, picking charges, ginning
charges, warehouse receiving charges, warehouse storage charges,
transportation charges or any other charges, plus any amount received by
a producer in the form of a loan deficiency payment with respect to such
cotton.
(e) Form A means Cotton Producer's Note, Form CCC Cotton A.
(f) Gin code number means the identification number assigned to each
cotton gin by the Cotton Division, Agricultural Marketing Service, U.S.
Department of Agriculture.
(g) Handle means to harvest, gin, warehouse, compress, purchase,
market, transport, or otherwise acquire ownership or control of cotton.
(h) Handler means any person who handles cotton, including CCC.
(i) Marketing means any sale of cotton, or the pledging of cotton to
CCC as collateral for a price support loan.
(j) Marketing year means a consecutive 12-month period ending on
July 31.
(k) Person means any individual, partnership, corporation,
association, or any other entity, whether governmental or private.
(l) Producer means any person who owns or shares in a cotton crop
(or in the proceeds thereof) as landowner, landlord, tenant, or
sharecropper.
(m) Secretary means the Secretary of Agriculture of the United
States, or any officer or employee of the U.S. Department of Agriculture
to whom authority has heretofore been delegated, or to whom authority
may hereafter be delegated, to act in the Secretary's stead.
(n) Loan deficiency payment means any payment on Upland cotton made
by the Commodity Credit Corporation to a producer in accordance with 7
CFR 713.55.
(o) Importer means any person who enters, or withdraws from
warehouse, cotton for consumption in the customs territory of the United
States and import means any such entry.
(p) Customs Service means the United States Customs Service of the
United States Department of Treasury.
(q) Cotton means:
(1) All Upland cotton harvested in the United States, and, except as
used in section 7(e) of the Act, includes cottonseed of such cotton and
the products derived from such cotton and its seed, and
(2) Imports of Upland cotton, including the Upland cotton content of
the products derived thereof. The term cotton shall not, however,
include:
(i) Any entry of imported cotton by an importer which has a value or
weight less than a de minimis amount established in regulations issued
by the Secretary and
(ii) Industrial products as that term is defined by regulation.
(r) Industrial products means cotton-containing products which are
classified in the Harmonized Tariff Schedule of the United States under
classifications other than textile classifications.
[[Page 32]]
Certain cotton-containing textile products under textile classifications
shall also be considered to be industrial products, and are therefore
not included in the table appearing in these regulations as products
subject to assessment. Such products include, but are not limited to
textile fabrics coated, impregnated, covered, or laminated, with other
materials, textile piping and tubing, and belting materials.
[42 FR 35974, July 13, 1977, as amended at 50 FR 10932, Mar. 19, 1985;
51 FR 6098, Feb. 20, 1986; 51 FR 37705, Oct. 24, 1986; 57 FR 29185, July
1, 1992]
General
Sec. 1205.505 Communication.
All reports, requests, applications for reimbursements, and
communications in connection with the Cotton Research and Promotion
Order shall be addressed as follows: Cotton Board, Post Office Box 2121,
Memphis, Tennessee, 38101-2121.
[57 FR 29186, July 1, 1992]
Assessments
Sec. 1205.510 Levy of assessments.
(a) Producer assessments. An assessment of $1 per bale for cotton
research and promotion is hereby levied on each bale of Upland cotton
that is produced from cotton harvested and ginned except cotton consumed
by any governmental agency from its own production. Such assessment
shall be payable and collected only once on each bale.
(1) A supplemental assessment for cotton research and promotion in
addition to the $1 per bale assessment provided for in paragraph (a) of
this section, is hereby levied on each bale of Upland cotton harvested
and ginned except cotton consumed by any governmental agency from its
own production. The supplemental assessment rate shall be levied at the
rate of five-tenths of one percent of:
(i) The current value of the cotton multiplied by the number of
pounds of lint cotton or;
(ii) The current value of the cotton converted to a fixed amount per
bale as reflected in the following assessment chart:
Assessment Chart \1\
------------------------------------------------------------------------
Supplemental
Assessment,
Current value (cents per pound) dollars per
bale
------------------------------------------------------------------------
.00 to 9.99............................................... 0.15
10.00 to 19.99............................................ .40
20.00 to 29.99............................................ .65
30.00 to 39.99............................................ .90
40.00 to 49.99............................................ 1.15
50.00 to 59.99............................................ 1.40
60.00 to 69.99............................................ 1.65
70.00 to 79.99............................................ 1.90
80.00 to 89.99............................................ 2.15
90.00 to 99.99............................................ 2.40
100.00 to 109.99.......................................... 2.65
110.00 to 119.99.......................................... 2.90
------------------------------------------------------------------------
\1\ Assessment is calculated on \5/10\ of 1 percent of the midpoint of
each 10 cents increment, based on a 500 lb. bale and converted to a
fixed amount per bale.
(2) Each marketing year the collecting handler must select one of
the two options for collecting the supplemental assessment as provided
in paragraph (a)(1) of this section. The handler shall notify the Cotton
Board as to the method selected at the time the handler files the first
handler report each marketing year.
(b) Importer assessment. An assessment for cotton research and
promotion of $1 per bale is hereby levied on each bale of cotton, or the
bale equivalent thereof for cotton in cotton-containing products
identified in the HTS conversion factor table in paragraph (b)(3) of
this section and imported into the United States on or after July 31,
1992. The $1 per bale assessment shall be converted to a fixed amount
per kilogram to facilitate the U.S. Customs Service in collecting this
assessment.
(1) A supplemental assessment for cotton research and promotion in
addition to the $1 per bale assessment provided for in paragraph (b) of
this section is hereby levied on each bale of cotton or bale equivalent
of cotton in cotton-containing products, identified in this subpart,
imported into the United States on or after July 31, 1992. The
supplemental assessment shall be levied at the rate of five-tenths of
one percent of the historical value of cotton as determined by the
Secretary and expressed in paragraph (b)(2) of this section. The rate of
the supplemental assessment on imported cotton will be the same as that
levied on cotton produced within the United States. The
[[Page 33]]
supplemental assessment will be calculated as a fixed amount per
kilogram and added to the $1 per bale or bale equivalent assessment to
facilitate the Customs Service in collecting assessments.
(2) The 12-month average of monthly weighted average prices received
by U.S. farmers will be calculated annually. Such weighted average will
be used as the value of imported cotton for the purpose of levying the
supplemental assessment on imported cotton and will be expressed in
kilograms. The value of imported cotton for the purpose of levying this
supplemental assessment is $1.3977 per kilogram.
(3) The following table contains Harmonized Tariff Schedule (HTS)
classification numbers and corresponding conversion factors and
assessments. The left column of the following table indicates the HTS
classifications of imported cotton and cotton-containing products
subject to assessment. The center column indicates the conversion factor
for determining the raw fiber content for each kilogram of the HTS. HTS
numbers for raw cotton have no conversion factor in the table. The right
column indicates the total assessment per kilogram of the article
assessed.
(i) Any line item entry of cotton appearing on Customs entry
documentation in which the value of the cotton contained therein results
in the calculation of an assessment of two dollars ($2.00) or less will
not be subject to assessments as described in this section.
(ii) In the event that any HTS number subject to assessment is
changed and such change is merely a replacement of a previous number and
has no impact on the physical properties, description, or cotton content
of the product involved, assessments will continue to be collected based
on the new number.
Import Assessment Table
[Raw Cotton Fiber]
------------------------------------------------------------------------
Conv. Cents/
HTS No. fact. kg.
------------------------------------------------------------------------
5201000500............................................ 0 1.1397
5201001200............................................ 0 1.1397
5201001400............................................ 0 1.1397
5201001800............................................ 0 1.1397
5201002200............................................ 0 1.1397
5201002400............................................ 0 1.1397
5201002800............................................ 0 1.1397
5201003400............................................ 0 1.1397
5201003800............................................ 0 1.1397
5204110000............................................ 1.1111 1.2663
5204200000............................................ 1.1111 1.2663
5205111000............................................ 1.1111 1.2663
5205112000............................................ 1.1111 1.2663
5205121000............................................ 1.1111 1.2663
5205122000............................................ 1.1111 1.2663
5205131000............................................ 1.1111 1.2663
5205132000............................................ 1.1111 1.2663
5205141000............................................ 1.1111 1.2663
5205210020............................................ 1.1111 1.2663
5205210090............................................ 1.1111 1.2663
5205220020............................................ 1.1111 1.2663
5205220090............................................ 1.1111 1.2663
5205230020............................................ 1.1111 1.2663
5205230090............................................ 1.1111 1.2663
5205240020............................................ 1.1111 1.2663
5205240090............................................ 1.1111 1.2663
5205310000............................................ 1.1111 1.2663
5205320000............................................ 1.1111 1.2663
5205330000............................................ 1.1111 1.2663
5205340000............................................ 1.1111 1.2663
5205410020............................................ 1.1111 1.2663
5205410090............................................ 1.1111 1.2663
5205420020............................................ 1.1111 1.2663
5205420090............................................ 1.1111 1.2663
5205440020............................................ 1.1111 1.2663
5205440090............................................ 1.1111 1.2663
5206120000............................................ 0.5556 0.6332
5206130000............................................ 0.5556 0.6332
5206140000............................................ 0.5556 0.6332
5206220000............................................ 0.5556 0.6332
5206230000............................................ 0.5556 0.6332
5206240000............................................ 0.5556 0.6332
5206310000............................................ 0.5556 0.6332
5207100000............................................ 1.1111 1.2663
5207900000............................................ 0.5556 0.6332
5208112020............................................ 1.1455 1.3055
5208112040............................................ 1.1455 1.3055
5208112090............................................ 1.1455 1.3055
5208114020............................................ 1.1455 1.3055
5208114060............................................ 1.1455 1.3055
5208114090............................................ 1.1455 1.3055
5208118090............................................ 1.1455 1.3055
5208124020............................................ 1.1455 1.3055
5208124040............................................ 1.1455 1.3055
5208124090............................................ 1.1455 1.3055
5208126020............................................ 1.1455 1.3055
5208126040............................................ 1.1455 1.3055
5208126060............................................ 1.1455 1.3055
5208126090............................................ 1.1455 1.3055
5208128020............................................ 1.1455 1.3055
5208128090............................................ 1.1455 1.3055
5208130000............................................ 1.1455 1.3055
5208192020............................................ 1.1455 1.3055
5208192090............................................ 1.1455 1.3055
5208194020............................................ 1.1455 1.3055
5208194090............................................ 1.1455 1.3055
5208196020............................................ 1.1455 1.3055
5208196090............................................ 1.1455 1.3055
5208224040............................................ 1.1455 1.3055
5208224090............................................ 1.1455 1.3055
5208226020............................................ 1.1455 1.3055
5208226060............................................ 1.1455 1.3055
5208228020............................................ 1.1455 1.3055
5208230000............................................ 1.1455 1.3055
5208292020............................................ 1.1455 1.3055
[[Page 34]]
5208292090............................................ 1.1455 1.3055
5208294090............................................ 1.1455 1.3055
5208296090............................................ 1.1455 1.3055
5208298020............................................ 1.1455 1.3055
5208312000............................................ 1.1455 1.3055
5208321000............................................ 1.1455 1.3055
5208323020............................................ 1.1455 1.3055
5208323040............................................ 1.1455 1.3055
5208323090............................................ 1.1455 1.3055
5208324020............................................ 1.1455 1.3055
5208324040............................................ 1.1455 1.3055
5208325020............................................ 1.1455 1.3055
5208330000............................................ 1.1455 1.3055
5208392020............................................ 1.1455 1.3055
5208392090............................................ 1.1455 1.3055
5208394090............................................ 1.1455 1.3055
5208396090............................................ 1.1455 1.3055
5208398020............................................ 1.1455 1.3055
5208412000............................................ 1.1455 1.3055
5208416000............................................ 1.1455 1.3055
5208418000............................................ 1.1455 1.3055
5208421000............................................ 1.1455 1.3055
5208423000............................................ 1.1455 1.3055
5208424000............................................ 1.1455 1.3055
5208425000............................................ 1.1455 1.3055
5208430000............................................ 1.1455 1.3055
5208492000............................................ 1.1455 1.3055
5208494020............................................ 1.1455 1.3055
5208494090............................................ 1.1455 1.3055
5208496010............................................ 1.1455 1.3055
5208496090............................................ 1.1455 1.3055
5208498090............................................ 1.1455 1.3055
5208512000............................................ 1.1455 1.3055
5208516060............................................ 1.1455 1.3055
5208518090............................................ 1.1455 1.3055
5208523020............................................ 1.1455 1.3055
5208523045............................................ 1.1455 1.3055
5208523090............................................ 1.1455 1.3055
5208524020............................................ 1.1455 1.3055
5208524045............................................ 1.1455 1.3055
5208524065............................................ 1.1455 1.3055
5208525020............................................ 1.1455 1.3055
5208530000............................................ 1.1455 1.3055
5208592025............................................ 1.1455 1.3055
5208592095............................................ 1.1455 1.3055
5208594090............................................ 1.1455 1.3055
5208596090............................................ 1.1455 1.3055
5209110020............................................ 1.1455 1.3055
5209110035............................................ 1.1455 1.3055
5209110090............................................ 1.1455 1.3055
5209120020............................................ 1.1455 1.3055
5209120040............................................ 1.1455 1.3055
5209190020............................................ 1.1455 1.3055
5209190040............................................ 1.1455 1.3055
5209190060............................................ 1.1455 1.3055
5209190090............................................ 1.1455 1.3055
5209210090............................................ 1.1455 1.3055
5209220020............................................ 1.1455 1.3055
5209220040............................................ 1.1455 1.3055
5209290040............................................ 1.1455 1.3055
5209290090............................................ 1.1455 1.3055
5209313000............................................ 1.1455 1.3055
5209316020............................................ 1.1455 1.3055
5209316035............................................ 1.1455 1.3055
5209316050............................................ 1.1455 1.3055
5209316090............................................ 1.1455 1.3055
5209320020............................................ 1.1455 1.3055
5209320040............................................ 1.1455 1.3055
5209390020............................................ 1.1455 1.3055
5209390040............................................ 1.1455 1.3055
5209390060............................................ 1.1455 1.3055
5209390080............................................ 1.1455 1.3055
5209390090............................................ 1.1455 1.3055
5209413000............................................ 1.1455 1.3055
5209416020............................................ 1.1455 1.3055
5209416040............................................ 1.1455 1.3055
5209420020............................................ 1.0309 1.1749
5209420040............................................ 1.0309 1.1749
5209430030............................................ 1.1455 1.3055
5209430050............................................ 1.1455 1.3055
5209490020............................................ 1.1455 1.3055
5209490090............................................ 1.1455 1.3055
5209516035............................................ 1.1455 1.3055
5209516050............................................ 1.1455 1.3055
5209520020............................................ 1.1455 1.3055
5209590025............................................ 1.1455 1.3055
5209590040............................................ 1.1455 1.3055
5209590090............................................ 1.1455 1.3055
5210114020............................................ 0.6873 0.7833
5210114040............................................ 0.6873 0.7833
5210116020............................................ 0.6873 0.7833
5210116040............................................ 0.6873 0.7833
5210116060............................................ 0.6873 0.7833
5210118020............................................ 0.6873 0.7833
5210120000............................................ 0.6873 0.7833
5210192090............................................ 0.6873 0.7833
5210214040............................................ 0.6873 0.7833
5210216020............................................ 0.6873 0.7833
5210216060............................................ 0.6873 0.7833
5210218020............................................ 0.6873 0.7833
5210314020............................................ 0.6873 0.7833
5210314040............................................ 0.6873 0.7833
5210316020............................................ 0.6873 0.7833
5210318020............................................ 0.6873 0.7833
5210414000............................................ 0.6873 0.7833
5210416000............................................ 0.6873 0.7833
5210418000............................................ 0.6873 0.7833
5210498090............................................ 0.6873 0.7833
5210514040............................................ 0.6873 0.7833
5210516020............................................ 0.6873 0.7833
5210516040............................................ 0.6873 0.7833
5210516060............................................ 0.6873 0.7833
5211110090............................................ 0.6873 0.7833
5211120020............................................ 0.6873 0.7833
5211190020............................................ 0.6873 0.7833
5211190060............................................ 0.6873 0.7833
5211210025............................................ 0.6873 0.7833
5211210035............................................ 0.4165 0.4747
5211210050............................................ 0.6873 0.7833
5211290090............................................ 0.6873 0.7833
5211320020............................................ 0.6873 0.7833
5211390040............................................ 0.6873 0.7833
5211390060............................................ 0.6873 0.7833
5211490020............................................ 0.6873 0.7833
5211490090............................................ 0.6873 0.7833
5211590025............................................ 0.6873 0.7833
5212146090............................................ 0.9164 1.0444
5212156020............................................ 0.9164 1.0444
5212216090............................................ 0.9164 1.0444
5509530030............................................ 0.5556 0.6332
5509530060............................................ 0.5556 0.6332
5513110020............................................ 0.4009 0.4569
5513110040............................................ 0.4009 0.4569
5513110060............................................ 0.4009 0.4569
5513110090............................................ 0.4009 0.4569
5513120000............................................ 0.4009 0.4569
5513130020............................................ 0.4009 0.4569
5513210020............................................ 0.4009 0.4569
5513310000............................................ 0.4009 0.4569
5514120020............................................ 0.4009 0.4569
[[Page 35]]
5516420060............................................ 0.4009 0.4569
5516910060............................................ 0.4009 0.4569
5516930090............................................ 0.4009 0.4569
5601210010............................................ 1.1455 1.3055
5601210090............................................ 1.1455 1.3055
5601300000............................................ 1.1455 1.3055
5602109090............................................ 0.5727 0.6527
5602290000............................................ 1.1455 1.3055
5602906000............................................ 0.526 0.5995
5604900000............................................ 0.5556 0.6332
5607902000............................................ 0.8889 1.0131
5608901000............................................ 1.1111 1.2663
5608902300............................................ 1.1111 1.2663
5609001000............................................ 1.1111 1.2663
5609004000............................................ 0.5556 0.6332
5701104000............................................ 0.0556 0.0634
5701109000............................................ 0.1111 0.1266
5701901010............................................ 1.0444 1.1903
5702109020............................................ 1.1 1.2537
5702312000............................................ 0.0778 0.0887
5702411000............................................ 0.0722 0.0823
5702412000............................................ 0.0778 0.0887
5702421000............................................ 0.0778 0.0887
5702913000............................................ 0.0889 0.1013
5702991010............................................ 1.1111 1.2663
5702991090............................................ 1.1111 1.2663
5703900000............................................ 0.4489 0.5116
5801210000............................................ 1.1455 1.3055
5801230000............................................ 1.1455 1.3055
5801250010............................................ 1.1455 1.3055
5801250020............................................ 1.1455 1.3055
5801260020............................................ 1.1455 1.3055
5802190000............................................ 1.1455 1.3055
5802300030............................................ 0.5727 0.6527
5804291000............................................ 1.1455 1.3055
5806200010............................................ 0.3534 0.4028
5806200090............................................ 0.3534 0.4028
5806310000............................................ 1.1455 1.3055
5806400000............................................ 0.4296 0.4896
5808107000............................................ 0.5727 0.6527
5808900010............................................ 0.5727 0.6527
5811002000............................................ 1.1455 1.3055
6001106000............................................ 1.1455 1.3055
6001210000............................................ 0.8591 0.9791
6001220000............................................ 0.2864 0.3264
6001910010............................................ 0.8591 0.9791
6001910020............................................ 0.8591 0.9791
6001920020............................................ 0.2864 0.3264
6001920030............................................ 0.2864 0.3264
6001920040............................................ 0.2864 0.3264
6002203000............................................ 0.8681 0.9894
6002206000............................................ 0.2894 0.3298
6002420000............................................ 0.8681 0.9894
6002430010............................................ 0.2894 0.3298
6002430080............................................ 0.2894 0.3298
6002921000............................................ 1.1574 1.3191
6002930040............................................ 0.1157 0.1319
6002930080............................................ 0.1157 0.1319
6101200010............................................ 1.0094 1.1504
6101200020............................................ 1.0094 1.1504
6102200010............................................ 1.0094 1.1504
6102200020............................................ 1.0094 1.1504
6103421020............................................ 0.8806 1.0036
6103421040............................................ 0.8806 1.0036
6103421050............................................ 0.8806 1.0036
6103421070............................................ 0.8806 1.0036
6103431520............................................ 0.2516 0.2867
6103431540............................................ 0.2516 0.2867
6103431550............................................ 0.2516 0.2867
6103431570............................................ 0.2516 0.2867
6104220040............................................ 0.9002 1.026
6104220060............................................ 0.9002 1.026
6104320000............................................ 0.9207 1.0493
6104420010............................................ 0.9002 1.026
6104420020............................................ 0.9002 1.026
6104520010............................................ 0.9312 1.0613
6104520020............................................ 0.9312 1.0613
6104622006............................................ 0.8806 1.0036
6104622011............................................ 0.8806 1.0036
6104622016............................................ 0.8806 1.0036
6104622021............................................ 0.8806 1.0036
6104622026............................................ 0.8806 1.0036
6104622028............................................ 0.8806 1.0036
6104622030............................................ 0.8806 1.0036
6104622060............................................ 0.8806 1.0036
6104632006............................................ 0.3774 0.4301
6104632011............................................ 0.3774 0.4301
6104632026............................................ 0.3774 0.4301
6104632028............................................ 0.3774 0.4301
6104632030............................................ 0.3774 0.4301
6104632060............................................ 0.3774 0.4301
6104692030............................................ 0.3858 0.4397
6105100010............................................ 0.985 1.1226
6105100020............................................ 0.985 1.1226
6105100030............................................ 0.985 1.1226
6105202010............................................ 0.3078 0.3508
6105202030............................................ 0.3078 0.3508
6106100010............................................ 0.985 1.1226
6106100020............................................ 0.985 1.1226
6106100030............................................ 0.985 1.1226
6106202010............................................ 0.3078 0.3508
6106202030............................................ 0.3078 0.3508
6107110010............................................ 1.1322 1.2904
6107110020............................................ 1.1322 1.2904
6107120010............................................ 0.5032 0.5735
6107210010............................................ 0.8806 1.0036
6107220015............................................ 0.3774 0.4301
6107220025............................................ 0.3774 0.4301
6107910040............................................ 1.2581 1.4339
6108210010............................................ 1.2445 1.4184
6108210020............................................ 1.2445 1.4184
6108310010............................................ 1.1201 1.2766
6108310020............................................ 1.1201 1.2766
6108320010............................................ 0.2489 0.2837
6108320015............................................ 0.2489 0.2837
6108320025............................................ 0.2489 0.2837
6108910005............................................ 1.2445 1.4184
6108910015............................................ 1.2445 1.4184
6108910025............................................ 1.2445 1.4184
6108910030............................................ 1.2445 1.4184
6108920030............................................ 0.2489 0.2837
6109100005............................................ 0.9956 1.1347
6109100007............................................ 0.9956 1.1347
6109100009............................................ 0.9956 1.1347
6109100012............................................ 0.9956 1.1347
6109100014............................................ 0.9956 1.1347
6109100018............................................ 0.9956 1.1347
6109100023............................................ 0.9956 1.1347
6109100027............................................ 0.9956 1.1347
6109100037............................................ 0.9956 1.1347
6109100040............................................ 0.9956 1.1347
6109100045............................................ 0.9956 1.1347
6109100060............................................ 0.9956 1.1347
6109100065............................................ 0.9956 1.1347
6109100070............................................ 0.9956 1.1347
6109901007............................................ 0.3111 0.3546
6109901009............................................ 0.3111 0.3546
6109901049............................................ 0.3111 0.3546
6109901050............................................ 0.3111 0.3546
6109901060............................................ 0.3111 0.3546
[[Page 36]]
6109901065............................................ 0.3111 0.3546
6109901090............................................ 0.3111 0.3546
6110202005............................................ 1.1837 1.3491
6110202010............................................ 1.1837 1.3491
6110202015............................................ 1.1837 1.3491
6110202020............................................ 1.1837 1.3491
6110202025............................................ 1.1837 1.3491
6110202030............................................ 1.1837 1.3491
6110202035............................................ 1.1837 1.3491
6110202040............................................ 1.1574 1.3191
6110202045............................................ 1.1574 1.3191
6110202065............................................ 1.1574 1.3191
6110202075............................................ 1.1574 1.3191
6110909022............................................ 0.263 0.2997
6110909024............................................ 0.263 0.2997
6110909030............................................ 0.3946 0.4497
6110909040............................................ 0.263 0.2997
6110909042............................................ 0.263 0.2997
6111201000............................................ 1.2581 1.4339
6111202000............................................ 1.2581 1.4339
6111203000............................................ 1.0064 1.147
6111205000............................................ 1.0064 1.147
6111206010............................................ 1.0064 1.147
6111206020............................................ 1.0064 1.147
6111206030............................................ 1.0064 1.147
6111206040............................................ 1.0064 1.147
6111305020............................................ 0.2516 0.2867
6111305040............................................ 0.2516 0.2867
6112110050............................................ 0.7548 0.8602
6112120010............................................ 0.2516 0.2867
6112120030............................................ 0.2516 0.2867
6112120040............................................ 0.2516 0.2867
6112120050............................................ 0.2516 0.2867
6112120060............................................ 0.2516 0.2867
6112390010............................................ 1.1322 1.2904
6112490010............................................ 0.9435 1.0753
6114200005............................................ 0.9002 1.026
6114200010............................................ 0.9002 1.026
6114200015............................................ 0.9002 1.026
6114200020............................................ 1.286 1.4657
6114200040............................................ 0.9002 1.026
6114200046............................................ 0.9002 1.026
6114200052............................................ 0.9002 1.026
6114200060............................................ 0.9002 1.026
6114301010............................................ 0.2572 0.2931
6114301020............................................ 0.2572 0.2931
6114303030............................................ 0.2572 0.2931
6115198010............................................ 1.0417 1.1872
6115929000............................................ 1.0417 1.1872
6115936020............................................ 0.2315 0.2638
6116101300............................................ 0.3655 0.4166
6116101720............................................ 0.8528 0.9719
6116926420............................................ 1.0965 1.2497
6116926430............................................ 1.2183 1.3885
6116926440............................................ 1.0965 1.2497
6116928800............................................ 1.0965 1.2497
6117809510............................................ 0.9747 1.1109
6117809540............................................ 0.3655 0.4166
6201121000............................................ 0.948 1.0804
6201122010............................................ 0.8953 1.0204
6201122050............................................ 0.6847 0.7804
6201122060............................................ 0.6847 0.7804
6201134030............................................ 0.2633 0.3001
6201921000............................................ 0.9267 1.0562
6201921500............................................ 1.1583 1.3201
6201922010............................................ 1.0296 1.1734
6201922021............................................ 1.2871 1.4669
6201922031............................................ 1.2871 1.4669
6201922041............................................ 1.2871 1.4669
6201922051............................................ 1.0296 1.1734
6201922061............................................ 1.0296 1.1734
6201931000............................................ 0.3089 0.3521
6201933511............................................ 0.2574 0.2934
6201933521............................................ 0.2574 0.2934
6201999060............................................ 0.2574 0.2934
6202121000............................................ 0.9372 1.0681
6202122010............................................ 1.1064 1.261
6202122025............................................ 1.3017 1.4835
6202122050............................................ 0.8461 0.9643
6202122060............................................ 0.8461 0.9643
6202134005............................................ 0.2664 0.3036
6202134020............................................ 0.333 0.3795
6202921000............................................ 1.0413 1.1868
6202921500............................................ 1.0413 1.1868
6202922026............................................ 1.3017 1.4835
6202922061............................................ 1.0413 1.1868
6202922071............................................ 1.0413 1.1868
6202931000............................................ 0.3124 0.356
6202935011............................................ 0.2603 0.2967
6202935021............................................ 0.2603 0.2967
6203122010............................................ 0.1302 0.1484
6203221000............................................ 1.3017 1.4835
6203322010............................................ 1.2366 1.4094
6203322040............................................ 1.2366 1.4094
6203332010............................................ 0.1302 0.1484
6203392010............................................ 1.1715 1.3352
6203399060............................................ 0.2603 0.2967
6203422010............................................ 0.9961 1.1353
6203422025............................................ 0.9961 1.1353
6203422050............................................ 0.9961 1.1353
6203422090............................................ 0.9961 1.1353
6203424005............................................ 1.2451 1.419
6203424010............................................ 1.2451 1.419
6203424015............................................ 0.9961 1.1353
6203424020............................................ 1.2451 1.419
6203424025............................................ 1.2451 1.419
6203424030............................................ 1.2451 1.419
6203424035............................................ 1.2451 1.419
6203424040............................................ 0.9961 1.1353
6203424045............................................ 0.9961 1.1353
6203424050............................................ 0.9238 1.0529
6203424055............................................ 0.9238 1.0529
6203424060............................................ 0.9238 1.0529
6203431500............................................ 0.1245 0.1419
6203434010............................................ 0.1232 0.1404
6203434020............................................ 0.1232 0.1404
6203434030............................................ 0.1232 0.1404
6203434040............................................ 0.1232 0.1404
6203498045............................................ 0.249 0.2838
6204132010............................................ 0.1302 0.1484
6204192000............................................ 0.1302 0.1484
6204198090............................................ 0.2603 0.2967
6204221000............................................ 1.3017 1.4835
6204223030............................................ 1.0413 1.1868
6204223040............................................ 1.0413 1.1868
6204223050............................................ 1.0413 1.1868
6204223060............................................ 1.0413 1.1868
6204223065............................................ 1.0413 1.1868
6204292040............................................ 0.3254 0.3709
6204322010............................................ 1.2366 1.4094
6204322030............................................ 1.0413 1.1868
6204322040............................................ 1.0413 1.1868
6204423010............................................ 1.2728 1.4506
6204423030............................................ 0.9546 1.088
6204423040............................................ 0.9546 1.088
6204423050............................................ 0.9546 1.088
6204423060............................................ 0.9546 1.088
6204522010............................................ 1.2654 1.4422
6204522030............................................ 1.2654 1.4422
6204522040............................................ 1.2654 1.4422
[[Page 37]]
6204522070............................................ 1.0656 1.2145
6204522080............................................ 1.0656 1.2145
6204533010............................................ 0.2664 0.3036
6204594060............................................ 0.2664 0.3036
6204622010............................................ 0.9961 1.1353
6204622025............................................ 0.9961 1.1353
6204622050............................................ 0.9961 1.1353
6204624005............................................ 1.2451 1.419
6204624010............................................ 1.2451 1.419
6204624020............................................ 0.9961 1.1353
6204624025............................................ 1.2451 1.419
6204624030............................................ 1.2451 1.419
6204624035............................................ 1.2451 1.419
6204624040............................................ 1.2451 1.419
6204624045............................................ 0.9961 1.1353
6204624050............................................ 0.9961 1.1353
6204624055............................................ 0.9854 1.1231
6204624060............................................ 0.9854 1.1231
6204624065............................................ 0.9854 1.1231
6204633510............................................ 0.2546 0.2902
6204633530............................................ 0.2546 0.2902
6204633532............................................ 0.2437 0.2777
6204633540............................................ 0.2437 0.2777
6204692510............................................ 0.249 0.2838
6204692540............................................ 0.2437 0.2777
6204699044............................................ 0.249 0.2838
6204699046............................................ 0.249 0.2838
6204699050............................................ 0.249 0.2838
6205202015............................................ 0.9961 1.1353
6205202020............................................ 0.9961 1.1353
6205202025............................................ 0.9961 1.1353
6205202030............................................ 0.9961 1.1353
6205202035............................................ 1.1206 1.2771
6205202046............................................ 0.9961 1.1353
6205202050............................................ 0.9961 1.1353
6205202060............................................ 0.9961 1.1353
6205202065............................................ 0.9961 1.1353
6205202070............................................ 0.9961 1.1353
6205202075............................................ 0.9961 1.1353
6205302010............................................ 0.3113 0.3548
6205302030............................................ 0.3113 0.3548
6205302040............................................ 0.3113 0.3548
6205302050............................................ 0.3113 0.3548
6205302070............................................ 0.3113 0.3548
6205302080............................................ 0.3113 0.3548
6206100040............................................ 0.1245 0.1419
6206303010............................................ 0.9961 1.1353
6206303020............................................ 0.9961 1.1353
6206303030............................................ 0.9961 1.1353
6206303040............................................ 0.9961 1.1353
6206303050............................................ 0.9961 1.1353
6206303060............................................ 0.9961 1.1353
6206403010............................................ 0.3113 0.3548
6206403030............................................ 0.3113 0.3548
6206900040............................................ 0.249 0.2838
6207110000............................................ 1.0852 1.2368
6207199010............................................ 0.3617 0.4122
6207210010............................................ 1.1085 1.2634
6207210030............................................ 1.1085 1.2634
6207220000............................................ 0.3695 0.4211
6207911000............................................ 1.1455 1.3055
6207913010............................................ 1.1455 1.3055
6207913020............................................ 1.1455 1.3055
6208210010............................................ 1.0583 1.2061
6208210020............................................ 1.0583 1.2061
6208220000............................................ 0.1245 0.1419
6208911010............................................ 1.1455 1.3055
6208911020............................................ 1.1455 1.3055
6208913010............................................ 1.1455 1.3055
6209201000............................................ 1.1577 1.3194
6209203000............................................ 0.9749 1.1111
6209205030............................................ 0.9749 1.1111
6209205035............................................ 0.9749 1.1111
6209205040............................................ 1.2186 1.3888
6209205045............................................ 0.9749 1.1111
6209205050............................................ 0.9749 1.1111
6209303020............................................ 0.2463 0.2807
6209303040............................................ 0.2463 0.2807
6210109010............................................ 0.2291 0.2611
6210403000............................................ 0.0391 0.0446
6210405020............................................ 0.4556 0.5192
6211111010............................................ 0.1273 0.1451
6211111020............................................ 0.1273 0.1451
6211118010............................................ 1.1455 1.3055
6211118020............................................ 1.1455 1.3055
6211320007............................................ 0.8461 0.9643
6211320010............................................ 1.0413 1.1868
6211320015............................................ 1.0413 1.1868
6211320030............................................ 0.9763 1.1127
6211320060............................................ 0.9763 1.1127
6211320070............................................ 0.9763 1.1127
6211330010............................................ 0.3254 0.3709
6211330030............................................ 0.3905 0.4451
6211330035............................................ 0.3905 0.4451
6211330040............................................ 0.3905 0.4451
6211420010............................................ 1.0413 1.1868
6211420020............................................ 1.0413 1.1868
6211420025............................................ 1.1715 1.3352
6211420060............................................ 1.0413 1.1868
6211420070............................................ 1.1715 1.3352
6211430010............................................ 0.2603 0.2967
6211430030............................................ 0.2603 0.2967
6211430040............................................ 0.2603 0.2967
6211430050............................................ 0.2603 0.2967
6211430060............................................ 0.2603 0.2967
6211430066............................................ 0.2603 0.2967
6212105020............................................ 0.2412 0.2749
6212109010............................................ 0.9646 1.0994
6212109020............................................ 0.2412 0.2749
6212200020............................................ 0.3014 0.3435
6212900030............................................ 0.1929 0.2198
6213201000............................................ 1.1809 1.3459
6213202000............................................ 1.0628 1.2113
6213901000............................................ 0.4724 0.5384
6214900010............................................ 0.9043 1.0306
6216000800............................................ 0.2351 0.2679
6216001720............................................ 0.6752 0.7695
6216003800............................................ 1.2058 1.3743
6216004100............................................ 1.2058 1.3743
6217109510............................................ 1.0182 1.1604
6217109530............................................ 0.2546 0.2902
6301300010............................................ 0.8766 0.9991
6301300020............................................ 0.8766 0.9991
6302100005............................................ 1.1689 1.3322
6302100008............................................ 1.1689 1.3322
6302100015............................................ 1.1689 1.3322
6302215010............................................ 0.8182 0.9325
6302215020............................................ 0.8182 0.9325
6302217010............................................ 1.1689 1.3322
6302217020............................................ 1.1689 1.3322
6302217050............................................ 1.1689 1.3322
6302219010............................................ 0.8182 0.9325
6302219020............................................ 0.8182 0.9325
6302219050............................................ 0.8182 0.9325
6302222010............................................ 0.4091 0.4663
6302222020............................................ 0.4091 0.4663
6302313010............................................ 0.8182 0.9325
6302313050............................................ 1.1689 1.3322
6302315050............................................ 0.8182 0.9325
6302317010............................................ 1.1689 1.3322
[[Page 38]]
6302317020............................................ 1.1689 1.3322
6302317040............................................ 1.1689 1.3322
6302317050............................................ 1.1689 1.3322
6302319010............................................ 0.8182 0.9325
6302319040............................................ 0.8182 0.9325
6302319050............................................ 0.8182 0.9325
6302322020............................................ 0.4091 0.4663
6302322040............................................ 0.4091 0.4663
6302402010............................................ 0.9935 1.1323
6302511000............................................ 0.5844 0.666
6302512000............................................ 0.8766 0.9991
6302513000............................................ 0.5844 0.666
6302514000............................................ 0.8182 0.9325
6302600010............................................ 1.1689 1.3322
6302600020............................................ 1.052 1.199
6302600030............................................ 1.052 1.199
6302910005............................................ 1.052 1.199
6302910015............................................ 1.1689 1.3322
6302910025............................................ 1.052 1.199
6302910035............................................ 1.052 1.199
6302910045............................................ 1.052 1.199
6302910050............................................ 1.052 1.199
6302910060............................................ 1.052 1.199
6303110000............................................ 0.9448 1.0768
6303910000............................................ 0.6429 0.7327
6304111000............................................ 1.0629 1.2114
6304190500............................................ 1.052 1.199
6304191000............................................ 1.1689 1.3322
6304191500............................................ 0.4091 0.4663
6304192000............................................ 0.4091 0.4663
6304910020............................................ 0.9351 1.0657
6304920000............................................ 0.9351 1.0657
6505901540............................................ 1.181 1.346
6505902060............................................ 0.9935 1.1323
6505902545............................................ 0.5844 0.666
------------------------------------------------------------------------
(4) Any entry of cotton that qualifies for informal entry according
to regulations issued by the Customs Service will not be subject to the
assessment.
(5) Imported textile and apparel articles assembled of components
formed from cotton produced in the United States and identified by HTS
numbers 9802.00.8015 or 9802.00.9000 shall be exempt from assessments
under this subpart.
(6) Imported cotton and products may be exempted by the Cotton Board
from assessment under this paragraph. Such imported cotton and products
may include, but are not limited to cotton and the cotton content of
products which is U.S. produced cotton, or cotton other than Upland
cotton.
(i) A request for such exemption must be submitted to the Cotton
Board by the importer, prior to the importation of the cotton product.
The Cotton Board will then issue, if deemed appropriate, a numbered
exemption certificate valid for 1 year from the date of issue. The
exemption number should be entered by the importer on the Customs entry
documentation in the appropriate location as determined by the U.S.
Customs Service.
(ii) The request for exemption should include:
(A) the name, address, and importer identification number for the
importer;
(B) the HTS classification of the imported product;
(C) weight of the product for which the exemption is sought;
(D) estimated date of entry;
(E) commercial invoices of other such documentation indicating the
origin or production or type of the cotton fiber used to produce the
imported product;
(F) manufacture's description of the imported product.
(7) The exemption number ``999999999'' shall be entered on the
Customs entry summary document, in the appropriate location as
determined by the U.S. Customs Service, by the importer when, based on
the importer's own determination, the imported product is identified by
a Harmonized Tariff Schedule classification number which is subject to
assessment but the particular article contains no cotton.
(8) Articles imported into the United States temporarily and under
bond which are classified by the Harmonized Tariff Schedule heading
which begins with ``9813'' shall not be subject to assessment.
(9) Articles imported into the U.S. after being exported from the
U.S. for alterations and which are classified by the Harmonized Tariff
Schedule subheadings 9802.00.40 and 9802.00.50 shall not be subject to
assessment.
[57 FR 29432, July 2, 1992, as amended at 58 FR 52216, Oct. 7, 1993; 59
FR 59111, Nov. 16, 1994; 60 FR 36034, July 13, 1995; 61 FR 31819, 31822,
June 21, 1996; 62 FR 22878, Apr. 28, 1997; 62 FR 46414, Sept. 2, 1997;
62 FR 50244, Sept. 25, 1997; 63 FR 27819, May 21, 1998; 64 FR 30238,
June 7, 1999]
Sec. 1205.511 Payment and collection.
(a) The $1 per bale assessment shall be paid by:
(1) The producer of the cotton to the collecting handler designated
in Sec. 1205.512, and
[[Page 39]]
(2) The importer of cotton to the Customs Service as provided in
Sec. 1205.514.
(b) The supplemental assessment shall be paid by:
(1) The producer of the cotton to the collecting handler designated
in Sec. 1205.513, and
(2) The importer of cotton to the Customs Service as described in
Sec. 1205.515.
(c) If more than one person subject to assessment shares in the
proceeds received from a bale or bale equivalent, each such person is
obligated to pay that portion of the assessment that is equivalent to
that person's proportionate share of the proceeds.
(d) Failure of the handler to collect the assessments on each bale
shall not relieve the handler of the handler's obligation to remit the
assessments to the Cotton Board as required in Secs. 1205.512, 1205.513
and 1205.516.
[57 FR 29190, July 1, 1992]
Sec. 1205.512 Collecting handlers and time of collection of $1 per bale assessment.
Collecting handlers and the time of collecting the $1 per bale
assessment shall be as follows:
(a) Except as provided in paragraph (b) of this section, any person
who purchases a bale of cotton from the producer of the cotton shall be
the collecting handler for such cotton. The handler shall collect the
assessment at the time the handler first makes any payment or any credit
to the producer's account for the cotton. The handler shall give the
producer a receipt indicating payment of the assessment.
(b) Any cooperative marketing association or other person that
accepts a bale of cotton from the producer of the cotton under an oral
or written contract or agreement providing for the marketing of the
cotton shall be the collecting handler for such cotton. Such association
or person shall collect the assessment regardless of whether the cotton
is marketed or tendered to CCC for price support loan. The handler shall
collect the assessment at the time the handler first makes any cash
advance, any payment, or any credit to the producer's account for the
cotton. The handler shall give the producer a receipt indicating payment
of the assessment.
(c) For bales of cotton tendered to CCC for Form A loan, except
bales tendered pursuant to paragraph (b) of this section:
(1) The ASCS County Office shall be the collecting handler except as
provided in paragraph (c)(2) of this section. The ASCS County Office
shall collect the assessment when it makes disbursement based on the
Form A loan documents. The producer's copy of the Cotton Producer's Note
(Form CCC Cotton A) shall show payment of the assessment and shall
constitute the producer's receipt for payment of the assessment.
(2) Any person (other than an ASCS County Office) who advances to
the producer the loan value of the cotton as shown on a Cotton
Producer's Note (Form CCC Cotton A) shall be the collecting handler for
such cotton. The handler shall collect the $1 per bale assessment at the
time the handler makes any advance to the producer on the loan value of
the cotton. The handler shall give the producer a receipt indicating
payment of the assessment.
(d) Any person who purchases cotton in the cotton field where
produced or who purchases seed cotton or unbaled lint cotton from the
producer of the cotton shall be the collecting handler. The handler
shall collect the assessment at the time such cotton is ginned and shall
give the producer a receipt indicating payment of the assessment. When a
bale is ginned that contains any such cotton purchased from more than
one producer, the handler shall collect each producer's proportionate
share of the assessment and shall give each producer a receipt
indicating the producer's proportionate share of the assessment payment.
(e) Any person who purchases cotton from a producer whereby the
producer agrees to deliver a certain quantity of cotton but retains the
right to establish the price at some future date shall be the collecting
handler for such cotton. The handler shall collect the $1 per bale
assessment at the time final settlement is made on the cotton. The
handler shall give the producer a receipt indicating payment of the $1
per bale assessment.
[[Page 40]]
(f) Any person who consumes domestically or exports cotton of that
person's own production shall be the collecting handler for such cotton.
Such handler shall pay the assessment to the Cotton Board at the time
the cotton is consumed or exported.
(g) Any person who obtains ownership of a bale of cotton from the
producer of the cotton by transfer of any kind or by any means, under
conditions other than those described in paragraph (a), (b), (c), (d) or
(e) of this section shall be the collecting handler for such cotton.
Such handler shall collect the assessment at the time such handler takes
ownership of the cotton. The handler shall give the producer a receipt
indicating payment of the assessment.
(h) In the event of a producer's death, bankruptcy, receivership, or
incapacity to act, the representative of such producer, or the
producer's estate, or the person acting on behalf of creditors, shall be
considered the producer for the purposes of this section.
[42 FR 35974, July 31, 1977, as amended at 50 FR 10932, Mar. 19, 1985;
57 FR 29190, July 1, 1992]
Sec. 1205.513 Collecting handlers and time of collection of the supplemental assessment.
Collecting handlers and the time of collecting the supplemental
assessment shall be as follows:
(a) Except as provided in paragraph (b) of this section, any person
who purchases a bale of cotton from the producer of the cotton shall be
the collecting handler for such cotton. The handler shall collect the
supplemental assessment at the time the handler first makes any payment
or any credit to the producer's account for the cotton. The handler
shall give the producer a receipt indicating payment of the supplemental
assessment.
(b) Any cooperative marketing association or other person that
accepts a bale of cotton from the producer of the cotton under an oral
or written contract or agreement providing for the marketing of the
cotton shall be the collecting handler for such cotton. Such association
or person shall collect the supplemental assessment regardless of
whether the cotton is marketed or tendered to CCC for price support
loan. The handler shall collect the supplemental assessment at the time
the handler first makes any cash advance, any payment, or any credit to
the producer's account for the cotton. Supplemental assessments due on
any subsequent cash advances, payments, or credits to the producer's
account shall be collected by the handler at the time final settlement
is made on the cotton. The handler shall give the producer a receipt
each time a supplemental assessment is collected.
(c) For bales of cotton tendered to CCC for Form A loan, except
bales tendered pursuant to paragraph (b) of this section:
(1) The ASCS County Office shall be the collecting handler except as
provided in paragraph (c)(2) of this section. The ASCS County Office
shall collect the supplemental assessment when it makes disbursement
based on the Form A loan value of cotton. The producer's copy of the
Cotton Producer's Note (Form CCC Cotton A) shall show payment of the
supplemental assessment and shall constitute the producer's receipt for
payment of the supplemental assessment.
(2) Any person (other than an ASCS County Office) who advances to
the producer the loan value of the cotton as shown on a Cotton
Producer's Note (Form CCC Cotton A) shall be the collecting handler for
such cotton. The handler shall collect the supplemental assessment at
the time the handler makes any advance to the producer on the loan value
of the cotton. The handler shall give the producer a receipt indicating
payment of the supplemental assessment.
(d) With respect to any Upland cotton on which the producer or a
cooperative marketing association acting on behalf of a producer
receives a loan deficiency payment, the ASCS County Office or the
cooperative marketing association shall be the collecting handler of the
supplemental assessment on the value of the cotton represented by the
loan deficiency payment at the time such payment is made to the producer
or the cooperative marketing association. A copy of a document
reflecting this transaction issued by the ASCS
[[Page 41]]
County Office or cooperative marketing association shall show the amount
collected as the supplemental assessment and shall constitute the
producer's receipt for payment of the supplemental assessment.
(e) Any person who (1) purchases a producer's equity in cotton
tendered to CCC for Form A loan or (2) purchases cotton that a producer
has redeemed from the Form A loan, shall be the collecting handler for
the portion of the total supplemental assessment not collected under
paragraph (c) of this section. The handler shall give the producer a
receipt indicating payment of that portion of the supplemental
assessment.
(f) Any person who purchases cotton in the cotton field where
produced or who purchases seed cotton or unbaled lint cotton from the
producer of the cotton shall be the collecting handler. The handler
shall collect the supplemental assessment at the time such cotton is
ginned and shall give the producer a receipt indicating payment of the
supplemental assessment. When a bale is ginned and baled that contains
any such cotton purchased from more than one producer, the handler shall
collect each producer's proportionate share of the supplemental
assessment and shall give each producer a receipt indicating the
producer's proportionate share of the supplemental assessment payment.
(g) Any person who purchases cotton from a producer whereby the
producer agrees to deliver a certain quantity of cotton but retains the
right to establish the price at some future date shall be the collecting
handler for such cotton. The handler shall collect the supplemental
assessment at the time final settlement is made on the cotton. The
handler shall give the producer a receipt indicating payment of the
supplemental assessment.
(h) Any person who consumes domestically cotton of that person's own
production shall be the collecting handler for such cotton. The handler
shall pay the supplemental assessment at the time of consumption on the
basis of a market value determined in consultation with the Cotton
Board.
(i) Any person who exports cotton of that person's own production
shall be the collecting handler for such cotton. Such handler shall pay
the supplemental assessment on the basis of the current value of cotton
as reflected on the export settlement document.
(j) Any person who obtains ownership of a bale of cotton from the
producer of the cotton by transfer of any kind or by any means, under
conditions other than those described in paragraph (a), (b), (c), (d),
(e), or (f) of this section shall be the collecting handler for such
cotton. Such handler shall collect the supplemental assessment at the
time the handler takes ownership of the cotton. The handler shall give
the producer a receipt indicating payment of the supplemental
assessment.
(k) In the event of a producer's death, bankruptcy, receivership, or
incapacity to act, the representative of such producer or the producer's
estate, or the person acting on behalf of creditors, shall be considered
the producer for the purposes of this section.
[42 FR 35974, July 31, 1977, as amended at 50 FR 10932, Mar. 19, 1985;
51 FR 37705, Oct. 24, 1986; 57 FR 29190, July 1, 1992]
Sec. 1205.514 Customs Service and the Collection of the $1 per bale assessment.
The Collection of the $1 per bale assessment by the Customs Service
shall be as follows:
(a) The Customs Service will collect the assessment from the
importer or from any person acting as principal, agent, broker or
consignee for cotton or cotton-containing products produced outside the
United States and imported into the United States. The Customs Service
will collect the assessment on cotton and cotton-containing products
identified by Harmonized Tariff Schedule heading numbers in
Sec. 1205.510(b)(2) at the time of importation and forward such
assessment as per the agreement between the United States Customs
Service and the U.S. Department of Agriculture.
(b) In the event of an importer's death, bankruptcy, receivership,
or incapacity to act, the representative of such importer, or the
importer's estate, or the person acting on behalf of creditors, shall be
considered the importer for the purposes of this section.
[57 FR 29191, July 1, 1992]
[[Page 42]]
Sec. 1205.515 Customs Service and the collection of the supplemental assessment.
The collection of the supplemental assessment by the Customs Service
shall be as follows:
(a) The Customs Service will collect the supplemental assessment
from any person acting as principal, agent, broker or consignee for
cotton or cotton-containing products produced outside the United States
and imported into the United States. Customs Service will collect the
assessment on all cotton and cotton-containing products identified by
Harmonized Tariff Schedule heading numbers in Sec. 1205.510(b)(2) at the
time of importation and forward such assessment as per the agreement
between the United States Customs Service and the U.S. Department of
Agriculture.
(b) In the event of an importer's death, bankruptcy, receivership,
or incapacity to act, the representative of such importer, or the
importer's estate, or the person acting on behalf of creditors, shall be
considered the importer for the purposes of this section.
[57 FR 29191, July 1, 1992]
Sec. 1205.516 Reports and remittance to the Cotton Board.
(a) Handler reports and remittances. Each collecting handler shall
transmit assessments to the Cotton Board as follows:
(1) Reporting periods. Each calendar month shall be a reporting
period and the period shall end on the close of business on the last day
of the month.
(2) Reports. Each collecting handler shall make reports on forms
made available or approved by the Cotton Board. Each report shall be
mailed to the Cotton Board and postmarked within ten days after the
close of the reporting period.
(i) Collecting handler report. Each collecting handler shall prepare
a separate report form each reporting period for each gin from which
such handler handles cotton on which the handler is required to collect
the assessments during the reporting period. Each report shall be mailed
in duplicate to the Cotton Board and shall contain the following
information:
(A) Date of report;
(B) Reporting period covered by report;
(C) Gin code number;
(D) Name and address of handler;
(E) Listing of all producers from whom the handler was required to
collect the assessments, their addresses, total number of bales, and
total assessment collected and remitted for each producer;
(F) Date of last report remitting assessments to the Cotton Board.
(ii) No cotton purchased report. Each collecting handler shall
submit a no cotton purchased report form for each reporting period in
which no cotton was handled for which the handler is required to collect
assessments during the reporting period. A collecting handler who
handles cotton only during certain months shall file a final no cotton
purchased report at the conclusion of such handlers marketing season. If
a collecting handler handles cotton during any month following
submission of the final report for the handlers marketing season, such
handler shall send a collecting handler report and remittance to the
Cotton Board by the 10th day of the month following the month in which
cotton was handled. The no cotton purchased report shall be signed and
dated by the handler of the handler's agent.
(3) Remittances. The collecting handler shall remit all assessments
to the Cotton Board with the report required in paragraph (a)(2) of this
section. All remittances sent to the Cotton Board by collecting handlers
shall be made by check, draft, or money order payable to the order of
the ``Cotton Board''. All remittances shall be received subject to
collection and payment at par.
(4) Interest and late payment charges. (i) There shall be an
interest charge, at rates prescribed by the Cotton Board with the
approval of the Secretary, on any handler who is sent a second certified
mail notice of past-due assessments from the Cotton Board in any one
marketing year (August 1-July 31).
(ii) In addition to the interest charge specified in paragraph
(a)(4)(i) of this section, there shall be a late payment charge on any
handler whose remittance is not received by the Cotton Board within 10
days after the close of the reporting period in which interest
[[Page 43]]
charges were first accrued. The late payment charge shall be 5 percent
of the unpaid balance before interest charges have accrued.
(iii) The interest and late payment charges on the unremitted
assessments for a particular reporting period will be applied from the
first working day on or following the 20th day of the month in which the
assessments were due.
(b) Importer reports and remittance. The United States Customs
Service will transmit reports and assessments collected on imported
cotton to the Agricultural Marketing Service according to the agreement
between the Customs Service and the Agricultural Marketing Service. Upon
the request of the Cotton Board, an importer shall file with the Board a
report, for a period of time specified in the request, that includes the
following information:
(1) The importer's name and address;
(2) The quantity of cotton and cotton products imported;
(3) The amount of the assessment paid on imported cotton and cotton
products;
(4) The amount of imported cotton and cotton products on which the
assessment was not paid to the Customs Service.
[57 FR 29190, July 1, 1992]
Sec. 1205.517 Failure to report and remit.
(a) Any collecting handler who fails to submit reports and
remittances according to reporting periods and time schedules required
in Sec. 1205.516 shall be subject to appropriate action by the Cotton
Board which may include one or more of the following actions:
(1) Audits of the collecting handler's books and records to
determine the amount owed the Cotton Board;
(2) Requirement that an escrow account for the deposit of
assessments collected be established. Frequency and schedule of deposits
and withdrawals from the escrow account shall be determined by the
Cotton Board with the Approval of the Secretary;
(3) Referral to the Secretary for appropriate enforcement action;
(4) Publication of a collecting handler's name in accordance with
the following provisions:
(i) The name of any collecting handler will be subject to
publication if the collecting handler:
(A) is sent two certified mail notices of past due assessments and/
or collecting handler reports from the Cotton Board in any one marketing
year (August 1-July 31), or
(B) is required by the Cotton Board to establish an escrow account
for depositing assessments, in accordance with paragraph (a)(2) of this
section, and does not comply with the deposit procedures established by
the Cotton Board with approval of the Secretary.
(ii) The name of any collecting handler who is subject to
publication will be published by the Cotton Board with the approval of
the Secretary in a monthly listing during the primary cotton marketing
season (September through March) and a bi-monthly listing during the
remainder of the year. The published listing will be distributed by the
Cotton Board.
(iii) The Cotton Board, with approval of the Secretary, may notify
individual producers that the assessments collected by such producer's
collecting handler, whose name is subject to publication in accordance
with the provisions of paragraph (a)(4)(i) of this section, have not
been remitted to the Cotton Board as required.
(b) Any importer who fails to submit reports to the Cotton Board
pursuant to request made according to Sec. 1205.516 or assessments to
the Customs Service, shall be subject to one or more of the following
actions:
(1) Audits of the importer's books and records to determine the
amount owed the Cotton Board.
(2) A deduction for the amount of any unpaid assessment by the
Customs Service from the importers surety bond.
(3) Referral to the Secretary for appropriate enforcement action.
[57 FR 29191, July 1, 1992]
Sec. 1205.518 Receipts for payment of assessments.
Each collecting handler who is required by Sec. 1205.512 and
Sec. 1205.513 to give the producer a receipt showing payment of cotton
research and promotion assessments shall provide the producer with an
invoice or settlement sheet for
[[Page 44]]
the cotton. Such document shall serve as a receipt shall contain the
following information:
(a) Name and address of collecting handler.
(b) Gin code number of gin at which cotton was ginned.
(c) Name and address of producer who paid assessment.
(d) Number of bales on which assessment was paid.
(e) Gross price per pound received by the producer.
(f) Total assessments paid by the producer.
(g) Date on which assessment was paid by producer.
(Approved by the Office of Management and Budget under control number
0581-0115)
[42 FR 35974, July 13, 1977, as amended at 49 FR 8420, Mar. 7, 1984.
Redesignated and amended at 51 FR 6099, Feb. 20, 1986. Further
redesignated at 57 FR 29190, July 1, 1992]
Reimbursements
Sec. 1205.520 Procedure for obtaining reimbursement.
Each importer against whose imports of cotton or cotton-containing
products any assessments are made and collected may obtain a
reimbursement on that portion of the assessment that was collected on
cotton produced in the United States or cotton other than Upland cotton
by following the procedures prescribed in this section.
(a) Application form. An importer shall obtain a reimbursement
application form from the Cotton Board. Such form may be obtained by
written request to the Cotton Board and the request shall bear the
importer's signature or the importer's properly-witnessed mark.
(b) Submission of reimbursement application to Cotton Board. Any
importer requesting a reimbursement shall mail the application on the
prescribed form to the Cotton Board. The application shall be postmarked
within 180 days from the date the assessments were paid on the cotton by
such importer. The reimbursement application shall show:
(1) The importer's name, address, phone number and Customs Service
identification number;
(2) Weight of the cotton in each HTS category for which the
reimbursement is requested;
(3) Subtotal amounts to be reimbursed for each HTS number and grand
total to be reimbursed;
(4) Date or inclusive dates on which the assessments were paid;
(5) The name of the port of entry; and
(6) Certification by the importer that the cotton was grown in the
U.S. or is other than Upland cotton.
(c) Where more than one importer shared in the assessment payment on
cotton, joint or separate reimbursement application forms may be filed.
In any such case, the reimbursement application shall show the names,
addresses and proportionate shares of assessments paid by all importers.
The reimbursement application shall bear the signature of each importer
seeking reimbursement.
(d) Proof of payment of the assessment on U.S. produced or other
than Upland cotton. A copy of the Customs entry form and the commercial
invoice filed with the Customs Service shall accompany the importer's
reimbursement application. Within 60 days from the date the properly
executed application for reimbursement is received by the Cotton Board,
the Cotton Board shall make reimbursement to the importer. For joint
applications, the reimbursement shall be made payable to all eligible
importers signing the reimbursement application. Documentation submitted
with reimbursement applications shall not be returned to the importer.
[57 FR 29192, July 1, 1992, as amended at 62 FR 22879, Apr. 28, 1997]
Warehouse Receipts
Sec. 1205.525 Entry of gin code number.
The warehouse that first receives a bale for storage after ginning
shall enter the gin code number of the gin at which the bale was ginned
on the warehouse receipt issued for the bale.
[57 FR 29192, July 1, 1992]
[[Page 45]]
Reports and Records
Sec. 1205.530 Gin reports and reporting schedule.
(a) Gin reports. Each year each cotton gin in the United States
shall submit reports to the Cotton Board on forms or certificates made
available or approved by the Cotton Board as follows:
(1) End-of-season report. Except as provided in paragraph (a)(2) of
this section, each gin shall report to the Cotton Board an alphabetical
listing of producer names, their addresses, and the number of bales
ginned for each such producer during its ginning season.
(2) Certificate in Lieu of End-of-Season Report. If a gin is the
collecting handler on every bale ginned at such gin and collecting
handler reports and remittances of assessments have been made in
accordance with Sec. 1205.516, a certification to that effect may be
made to the Cotton Board in lieu of an end-of-season report.
(b) Reporting schedule. The schedule for submitting gin reports is
as follows:
(1) Each gin that completes ginning operations prior to January 16
shall make a report to the Cotton Board within 10 days after completion
of ginning.
(2) Each gin that operates on or after January 16 will make a report
to the Cotton Board not later than January 25 covering bales ginned
through January 15.
(3) Each gin that operates after January 15 shall make a
supplemental report to the Cotton Board within 10 days after the close
of ginning operations covering bales ginned after January 15.
[42 FR 35974, July 13, 1977, as amended at 57 FR 29192, July 1, 1992]
Sec. 1205.531 Records.
Each handler or importer required to make reports pursuant to this
subpart shall maintain such books and records as are necessary to verify
the reports.
[57 FR 29192, July 1, 1992]
Sec. 1205.532 Retention period for reports and records.
Each handler and importer required to make reports pursuant to this
subpart shall retain for at least 2 years beyond the marketing year of
their applicability:
(a) One copy of the report made to the Cotton Board; and
(b) Such books and records as are necessary to verify such reports.
[57 FR 29192, July 1, 1992]
Sec. 1205.533 Availability of reports and records.
Each handler and importer required to make reports pursuant to this
subpart shall make available for inspection by the Cotton Board,
including its designated employees, and the Secretary any reports,
books, or records required under this subpart.
[57 FR 29192, July 1, 1992]
Confidential Information
Sec. 1205.540 Confidential books, records, and reports.
All information obtained from the books, records, and reports of
handlers and importers shall be kept confidential in the manner and to
the extent provided for in Sec. 1205.340.
[57 FR 29192, July 1, 1992]
Sec. 1205.541 OMB control numbers.
The control number assigned to the information collection
requirements by the Office of Management and Budget pursuant to the
Paperwork Reduction Act of 1980, Public Law 96-511, is OMB number 0581-
0093, except Board member nominee information sheets are assigned OMB
number 0505-0001.
[57 FR 29192, July 1, 1992]
Subpart--Fiscal Period [Reserved]
PART 1207--POTATO RESEARCH AND PROMOTION PLAN--Table of Contents
Subpart--Potato Research and Promotion Plan
Definitions
Sec.
1207.301 Secretary.
1207.302 Act.
1207.303 Plan.
1207.304 Person.
1207.305 Producer.
1207.306 Potatoes.
1207.307 Handle.
[[Page 46]]
1207.308 Handler.
1207.309 Board.
1207.310 Fiscal period and marketing year.
1207.311 Programs and projects.
1207.312 Importer.
1207.313 Customs Service.
National Potato Promotion Board
1207.320 Establishment and membership.
1207.321 Term of office.
1207.322 Nominations and appointment.
1207.323 Acceptance.
1207.324 Vacancies.
1207.325 Procedure.
1207.326 Compensation and reimbursement.
1207.327 Powers.
1207.328 Duties.
Research and Promotion
1207.335 Research and promotion.
Expenses and Assessments
1207.341 Budget and expenses.
1207.342 Assessments.
1207.343 [Reserved]
1207.344 Operating reserve.
Reports, Books, and Records
1207.350 Reports.
1207.351 Books and records.
1207.352 Confidential treatment.
Miscellaneous
1207.360 Influencing governmental action.
1207.361 Right of the Secretary.
1207.362 Suspension or termination.
1207.363 Proceedings after termination.
1207.364 Effect of termination or amendment.
1207.365 Personal liability.
1207.366 Separability.
Subpart--Rules and Regulations
Definitions
1207.500 Definitions.
General
1207.501 Communications.
1207.502 Determination of membership.
1207.503 Nominations.
1207.504 Term of office.
1207.505 Procedure.
1207.506 Policy.
1207.507 Administrative Committee.
1207.508 USDA costs.
Assessments
1207.510 Levy of assessments.
1207.511 Determination of assessable quantity.
1207.512 Designated handler.
1207.513 Payment of assessments.
1207.514 [Reserved]
1207.515 Safeguards.
Records
1207.532 Retention period for records.
1207.533 Availability of records.
1207.534 OMB control number assigned pursuant to the Paperwork
Reduction Act.
Confidential Information
1207.540 Confidential books, records, and reports.
1207.545 Right of the Secretary.
1207.546 Personal liability.
Authority: 7 U.S.C. 2611-2627.
Subpart--Potato Research and Promotion Plan
Source: 37 FR 5008, Mar. 9, 1972, unless otherwise noted.
Definitions
Sec. 1207.301 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. 1207.302 Act.
Act means the Potato Research and Promotion Act, Title III of Public
Law 91-670, 91st Congress, approved January 11, 1971, 84 Stat. 2041, as
amended.
[56 FR 40229, Aug. 14, 1991]
Sec. 1207.303 Plan.
Plan means this potato research and promotion plan issued by the
Secretary pursuant to the act.
Sec. 1207.304 Person.
Person means any individual, partnership, corporation, association,
or other entity.
Sec. 1207.305 Producer.
Producer means any person engaged in the growing of 5 or more acres
of potatoes who owns or shares the ownership and risk of loss of such
potato crop.
Sec. 1207.306 Potatoes.
Potatoes means any or all varieties of Irish potatoes grown by
producers in the 50 states of the United States and
[[Page 47]]
grown in foreign countries and imported into the United States.
[56 FR 40229, Aug. 14, 1991]
Sec. 1207.307 Handle.
Handle means to grade, pack, process, sell, transport, purchase, or
in any other way to place potatoes or cause potatoes to be placed in the
current of commerce. Such term shall not include the transportation or
delivery of field-run potatoes by the producer thereof to a handler for
grading, storage, or processing.
Sec. 1207.308 Handler.
Handler means any person (except a common or contract carrier of
potatoes owned by another person) who handles potatoes, including a
producer who handles potatoes of his own production.
Sec. 1207.309 Board.
Board means the National Potato Promotion Board, hereinafter
established pursuant to Sec. 1207.320.
Sec. 1207.310 Fiscal period and marketing year.
Fiscal period and marketing year mean the 12-month period from July
1 through June 30 of the following year or such other period which may
be approved by the Secretary.
Sec. 1207.311 Programs and projects.
Programs and projects mean those research, development, advertising
or promotion programs or projects developed by the Board pursuant to
Sec. 1207.335.
Sec. 1207.312 Importer.
Importer means any person who imports tablestock, frozen or
processed potatoes for ultimate consumption by humans, or seed potatoes
into the United States.
[56 FR 40229, Aug. 14, 1991]
Sec. 1207.313 Customs Service.
Customs Service means the United States Customs Service of the
United States Department of the Treasury.
[56 FR 40229, Aug. 14, 1991]
National Potato Promotion Board
Sec. 1207.320 Establishment and membership.
(a) There is hereby established a National Potato Promotion Board,
hereinafter called the ``Board'', composed of producers, importers, and
a public member appointed by the Secretary. Producer members shall be
appointed from nominations submitted by producers in the various States
or groups of States pursuant to Sec. 1207.322. Importer members shall be
appointed from nominations submitted by importers pursuant to
Sec. 1207.322. The public member shall be nominated by Board members in
such manner as recommended by the Board and approved by the Secretary,
and shall be appointed by the Secretary.
(b) Producer membership upon the Board shall be determined on the
basis of the potato production reported in the latest Crop Production
Annual Summary Report issued by the Crop Reporting Board, U.S.
Department of Agriculture. Unless the Secretary, upon recommendation of
the Board, determines an alternate basis, for each five million
hundredweight of such production, or major fraction thereof, produced
within each State, such State shall be entitled to one member. However,
each State shall initially be entitled to at least one member.
(c) The number of importer member positions on the Board shall be
based on the hundredweights of potatoes, potato products equivalent to
fresh potatoes, and seed potatoes imported into the United States but
shall not exceed five importer members. Unless the Secretary, upon
recommendation of the Board, determines an alternate basis, there shall
be one importer member position for each 5 million hundredweight, or
major fraction thereof, of potatoes, potato product equivalents, and
seed potatoes imported into the United States.
(d) Any State in which the potato producers fail to respond to an
officially called nomination meeting may be combined with an adjacent
State for the purpose of representation on the Board, in which case the
Board's producer member selected by the Secretary will represent both
States, but
[[Page 48]]
such member's voting power under Sec. 1207.325 shall not be increased.
(e) The Secretary, upon recommendation of the Board, may establish,
through rule making procedure, districts or groups of States in order to
change the representation requirements for membership on the Board. In
such event the voting power of members under Sec. 1207.325 would be
based upon the total production within the new district or group of
States.
(f) Should the Board fail to nominate a public member, the Secretary
may appoint such member.
[37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 49
FR 31390, Aug. 7, 1984; 56 FR 40229, Aug. 14, 1991]
Sec. 1207.321 Term of office.
(a) The term of office of Board members shall be 3 years, beginning
July 1, or such other beginning date as may be approved pursuant to
regulations.
(b) The terms of office of the Board's producer members shall be so
determined that approximately one-third of the terms will expire each
year. Importer and public member terms shall run concurrently. All
members serving on the Board on the effective date of this amendment to
the Plan shall continue serving the term to which they were appointed.
(c) Board members shall serve during the term of office for which
they are selected and have qualified, and until their successors are
selected and have qualified.
(d) No member shall serve for more than two full successive terms of
office.
[37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40229, Aug. 14, 1991]
Sec. 1207.322 Nominations and appointment.
The Secretary shall select the producer, importer, and public
members of the Board from nominations which may be made in the following
manner.
(a) A meeting or meetings of producers shall be held in each State
to nominate producer members for the Board. For nominations to the
initial Board the meetings shall be announced by the U.S. Department of
Agriculture. The Department may call upon other organizations to assist
in conducting the meetings such as State and national organizations of
potato producers. Such nomination meetings shall be held not later than
60 days after the issuance of this subpart. Any organization designated
to hold such nomination meetings shall give adequate notice of such
meetings to the potato producers affected; also to the Secretary so that
a representative of the Secretary, if available, may conduct such
meetings or act as secretary of such nomination meetings.
(b) After the establishment of the initial Board, the nominations
for subsequent Board producer members shall be made by producers at
meetings in the producing sections or States. The Board shall hold such
meetings, or cause them to be held, in accordance with rules established
pursuant to recommendation of the Board.
(c) Only producers may participate in designating producer nominees.
Each producer is entitled to one vote only on behalf of himself, his
partners, agents, subsidiaries, affiliates, and representatives for each
position for which nominations are being held. If a producer is engaged
in producing potatoes in more than one State, he shall elect the State
in which he shall vote. In no event shall he vote in nominations in more
than one meeting.
(d) The importer members shall be nominated by importers of
potatoes, potato products and/or seed potatoes. The number of importer
members on the Board shall be announced by the Secretary and shall not
exceed five members. The Board may call upon organizations of potato,
potato products and/or seed potato importers to assist in nominating
importers for membership on the Board. If such organizations fail to
submit nominees or are determined by the Board to not adequately
represent importers, then the Board may conduct meetings of importers to
nominate eligible importers for Board member positions. In determining
if importer organizations adequately represent importers, the Board
shall consider:
(1) How many importers belong to the association;
(2) What percentage of the total number of importers is represented
by the association;
[[Page 49]]
(3) Is the association representative of the potato, potato product,
and seed potato import industry;
(4) Does the association speak for potato, potato product, and seed
potato importers; and
(5) Other relevant information as may be warranted.
(e) The public member shall be nominated by the producer and
importer members of the Board. The public member shall have no direct
financial interest in the commercial production or marketing of potatoes
except as a consumer and shall not be a director, stockholder, officer
or employee of any firm so engaged. The Board shall prescribe such
additional qualifications, administrative rules and procedures for
selection and voting for each candidate as it deems necessary and the
Secretary approves.
[37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 56
FR 40229, Aug. 14, 1991]
Effective Date Note: At 62 FR 46179, Sept. 2, 1997, in
Sec. 1207.322, paragraphs (a) and (d)(1) through (d)(5); in paragraph
(b), the words ``at meetings'' in the first sentence and the entire last
sentence; in paragraph (c), the last sentence; and in paragraph (d), the
last two sentences of the introductory text are suspended, effective
Sept. 3, 1997.
Sec. 1207.323 Acceptance.
Each person selected by the Secretary as a member of the Board shall
qualify by filing a written acceptance with the Secretary promptly after
being notified of such selection.
Sec. 1207.324 Vacancies.
To fill any vacancy caused by the failure of any person selected as
a member of the Board to qualify, or in the event of the death, removal,
resignation, or disqualification of any member, a successor shall be
nominated and selected in the manner specified in Sec. 1207.322. In the
event of failure to provide nominees for such vacancies, the Secretary
may select other eligible persons.
Sec. 1207.325 Procedure.
(a) Each State (or district or group of States established pursuant
to Sec. 1207.320) which has a member on the Board shall be entitled to
not less than one vote for any production up to 1 million hundredweight,
plus one additional vote for each additional 1 million hundredweight of
production, or major fraction thereof, as determined by the latest crop
production annual summary report issued by the Crop Reporting Board,
U.S. Department of Agriculture. The casting of the votes for each State
shall be determined by the members of the Board from that State.
(b) A majority of the Board members shall constitute a quorum and
any action of the Board shall require a majority of concurring votes of
those present and voting. At assembled meetings all votes shall be cast
in person or by duly authorized proxy.
(c) For routine and noncontroversial matters which do not require
deliberation and the exchange of views, and for matters of an emergency
nature when there is not enough time to call an assembled meeting, the
Board may act upon a majority of concurring votes of its members cast by
mail, telegraph, or telephone. Any vote cast by telephone shall be
confirmed promptly in writing.
[37 FR 5008, Mar. 9, 1972, as amended at 57 FR 40083, Sept. 2, 1992]
Sec. 1207.326 Compensation and reimbursement.
Members of the Board shall serve without compensation but shall be
reimbursed for reasonable expenses incurred by them in the performance
of their duties as members of the Board.
Sec. 1207.327 Powers.
The Board shall have the following powers subject to Sec. 1207.361:
(a) To administer the provisions of this plan in accordance with its
terms and conditions;
(b) To make rules and regulations to effectuate the terms and
conditions of this plan;
(c) To receive, investigate, and report to the Secretary complaints
of violations of this plan; and
(d) To recommend to the Secretary amendments to this plan.
Sec. 1207.328 Duties.
The Board shall, among other things, have the following duties:
(a) To meet and organize and to select from among its members a
president and such other officers as may be
[[Page 50]]
necessary; to select committees and subcommittees of Board members to
nominate the public member; to adopt such rules for the conduct of its
business as it may deem advisable; and it may establish advisory
committees of persons other than Board members;
(b) To employ such persons as it may deem necessary and to determine
the compensation and define the duties of each; and to protect the
handling of Board funds through fidelity bonds;
(c) At the beginning of each fiscal period, to prepare and submit to
the Secretary for his approval a budget on a fiscal period basis of the
anticipated expenses in the administration of this plan including the
probable costs of all programs or projects and to recommend a rate of
assessment with respect thereto;
(d) To develop programs and projects and to enter into contracts or
agreements for the development and carrying out of programs or projects
of research, development, advertising or promotion, and the payment of
the costs thereof with funds collected pursuant to this plan;
(e) To keep minutes, books, and records which clearly reflect all of
the acts and transactions of the Board. Minutes of each Board meeting
shall be promptly reported to the Secretary;
(f) To cause the books of the Board to be audited by a certified
public accountant at least once each fiscal period, and at such other
time as the Board may deem necessary. The report of such audit shall
show the receipt and expenditure of funds collected pursuant to this
part. Two copies of each such report shall be furnished to the Secretary
and a copy of each such report shall be made available at the principal
office of the Board for inspection by producers, handlers, and
importers;
(g) To give the Secretary the same notice of meetings of the Board
and its subcommittees as is given to its members;
(h) To act as intermediary between the Secretary and any producer,
handler, or importer;
(i) To furnish the Secretary such information as he may request.
(j) To prepare and submit to the Secretary such reports from time to
time as may be prescribed by the Secretary for appropriate accounting
with respect to the receipt and disbursement of funds entrusted to the
Board; and
[37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 56
FR 40230, Aug. 14, 1991; 57 FR 40083, Sept. 2, 1992]
Research and Promotion
Sec. 1207.335 Research and promotion.
The Board shall develop and submit to the Secretary for approval any
programs or projects authorized in this section. Such programs or
projects shall provide for:
(a) The establishment, issuance, effectuation and administration of
appropriate programs or projects for the advertising and promotion of
potatoes and potato products: Provided, however, That any such program
or project shall be directed toward increasing the general demand for
potatoes and potato products;
(b) Establishing and carrying on research and development projects
and studies to the end that the marketing and utilization of potatoes
may be encouraged, expanded, improved, or made more efficient: Provided,
That quality control, grade standards and supply management programs
shall not be conducted under, or as a part of, this plan; and
(c) The development and expansion of potato and potato product sales
in foreign markets.
(d) No advertising or promotion program shall make any reference to
private brand names or use false or unwarranted claims in behalf of
potatoes or their products or false or unwarranted statements with
respect to the attributes or use of any competing products.
Expenses and Assessments
Sec. 1207.341 Budget and expenses.
(a) At the beginning of each fiscal period, or as may be necessary
thereafter, the Board shall prepare and recommend a budget on a fiscal
period basis of its anticipated expenses and disbursements in the
administration of this plan, including probable costs of research,
development, advertising, and promotion. The Board shall also
[[Page 51]]
recommend a rate of assessment calculated to provide adequate funds to
defray its proposed expenditures and to provide for a reserve as set
forth in Sec. 1207.344.
(b) The Board is authorized to incur such expenses for research,
development, advertising, or promotion of potatoes and potato products,
such other expenses for the administration, maintenance, and functioning
of the Board, and any referendum and administrative costs incurred by
the Department of Agriculture as are approved pursuant to Sec. 1207.361.
[37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984]
Sec. 1207.342 Assessments.
(a) The funds to cover the Board's expenses shall be acquired by the
levying of assessments upon handlers and importers as designated in
regulations recommended by the Board and issued by the Secretary. Such
assessments shall be levied at a rate fixed by the Secretary which shall
not exceed one-half of one per centum of the immediate past ten calendar
years United States average price received for potatoes by growers as
reported by the Department of Agriculture and not more than one such
assessment may be collected on any potatoes.
(b) Each designated handler, as specified in regulations, shall pay
assessments to the Board on all potatoes handled by him, including
potatoes he produced. Assessments shall be paid to the Board at such
time and in such manner as the Board shall direct pursuant to
regulations issued hereunder. The designated handler may collect the
assessments from the producer, or deduct such assessments from the
proceeds paid to the producer on whose potatoes the assessments are
made, provided he furnishes the producer with evidence of such payment.
(c) The importer of imported potatoes, potato products, or seed
potatoes shall pay the assessment to the Board at the time of entry, or
withdrawal, for consumption of such potatoes and potato products into
the United States.
(d) The assessment on imported tablestock potatoes and frozen or
processed potato products for ultimate consumption by humans and on seed
potatoes shall be established by the Board so that the effective
assessment shall be equal to that on domestic production.
(e) The Board may authorize other organizations to collect
assessments in its behalf.
(f) The Board may exempt potatoes used for nonfood purposes, other
than seed, from the provisions of this plan and shall establish adequate
safeguards against improper use of such exemptions.
[37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 56
FR 40230, Aug. 14, 1991]
Sec. 1207.343 [Reserved]
Sec. 1207.344 Operating reserve.
The Board may establish an operating monetary reserve and may carry
over to subsequent fiscal periods excess funds in a reserve so
established: Provided, That funds in the reserve shall not exceed
approximately two fiscal periods' expenses. Such reserve funds may be
used to defray any expenses authorized under this part.
Reports, Books, and Records
Sec. 1207.350 Reports.
(a) Each designated handler shall maintain a record with respect to
each producer for whom he handled potatoes and for potatoes handled
which he himself produced. He shall report to the Board at such times
and in such manner as it may prescribe by regulations such information
as may be necessary for the Board to perform its duties under this part.
Such reports may include, but shall not be limited to, the following:
(1) Total quantity of potatoes handled for each producer and for
himself, including those which are exempt under the plan;
(2) Total quantity of potatoes handled for each producer and for
himself subject to the plan and assessments, and
(3) Name and address of each person from whom he collected an
assessment, the amount collected from each person, and the date such
collection was made.
[[Page 52]]
(b) Each importer shall report to the Board at such times and in
such manner as it may prescribe such information as may be necessary for
the Board to perform its duties under this part.
[37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40230, Aug. 14, 1991]
Sec. 1207.351 Books and records.
Each handler or importer subject to this part shall maintain and
make available for inspection by authorized employees of the Board and
the Secretary such books and records as are appropriate and necessary to
carry out the provisions of this Plan and the regulations issued
thereunder, including such records as are necessary to verify any
reports required. Such records shall be maintained for at least 2 years
beyond the marketing year of their applicability.
[37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40230, Aug. 14, 1991]
Sec. 1207.352 Confidential treatment.
All information obtained from books, records, or reports required
pursuant to this part shall be kept confidential by all employees of the
Department of Agriculture and of the Board, and by all contractors and
agents retained by the Board, and only such information so furnished or
acquired as the Secretary deems relevant shall be disclosed by them, and
then only in a suit or administrative hearing brought at the direction,
or upon the request, of the Secretary, or to which the Secretary or any
officer of the United States is a party, and involving this Plan.
Nothing in this section shall be deemed to prohibit:
(a) The issuance of general statements based upon the reports of a
number of handlers or importers subject to this Plan, which statements
do not identify the information furnished by any person; or
(b) The publication by direction of the Secretary of the name of any
person violating this Plan, together with a statement of the particular
provisions of this Plan violated by such person.
[56 FR 40230, Aug. 14, 1991]
Miscellaneous
Sec. 1207.360 Influencing governmental action.
No funds collected by the Board under this plan shall in any matter
be used for the purpose of influencing governmental policy or action
except in recommending to the Secretary amendments to this subpart.
Sec. 1207.361 Right of the Secretary.
All fiscal matters, programs or projects, rules or regulations,
reports, or other substantive action proposed and prepared by the Board
shall be submitted to the Secretary for his approval.
Sec. 1207.362 Suspension or termination.
(a) The Secretary shall, whenever he finds that this plan or any
provision thereof obstructs or does not tend to effectuate the declared
policy of the act, terminate or suspend the operation of this plan or
such provision thereof.
(b) The Secretary may conduct a referendum at any time, and shall
hold a referendum on request of the Board or of 10 percent or more of
the potato producers and importers to determine whether potato producers
and importers favor termination or suspension of this plan. The
Secretary shall suspend or terminate such plan at the end of the
marketing year whenever the Secretary determines that its suspension or
termination is favored by a majority of the potato producers and
importers voting in such referendum who, during a representative period
determined by the Secretary, have been engaged in the production or
importation of potatoes or potato products, and who produced or imported
more than 50 percent of the volume of the potatoes or potato products
produced or imported by the producers and importers voting in the
referendum.
[37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40230, Aug. 14, 1991]
Sec. 1207.363 Proceedings after termination.
(a) Upon the termination of this plan, the Board shall recommend not
more
[[Page 53]]
than five of its members to the Secretary to serve as trustees for the
purpose of liquidating the affairs of the Board. Such persons, upon
designation by the Secretary, shall become trustees of all funds and
property then in the possession or under control of the Board including
claims for any funds unpaid or property not delivered or any other claim
existing at the time of such termination.
(b) The said trustees shall (1) continue in such capacity until
discharged by the Secretary; (2) carry out the obligations of the Board
under any contracts or agreements entered into by it pursuant to this
plan; (3) account for all receipts and disbursements and deliver all
property on hand, together with all books and records of the Board and
of the trustees, to such person or persons as the Secretary may direct;
and (4) upon the request of the Secretary execute such assignments or
other instruments necessary or appropriate to vest in such person or
persons full title and right to all of the funds, property, and claims
vested in the Board of the trustees pursuant to this section.
(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 Board and upon the trustee.
(d) A reasonable effort shall be made by the Board or its trustees
to return to producers and importers any residual funds not required to
defray the necessary expenses of liquidation. If it is found impractical
to return such remaining funds to producers and importers, such funds
shall be disposed of in such manner as the Secretary may determine to be
appropriate.
[37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40231, Aug. 14, 1991]
Sec. 1207.364 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the
termination of this plan or of any regulation issued pursuant thereto,
or the issuance of any amendment to either thereof, shall not (a) affect
or waive any right, duty, obligation, or liability which shall have
arisen or which may thereafter arise in connection with any provision of
this plan or any regulation issued thereunder, or (b) release or
extinguish any violation of this plan or any regulation issued
thereunder, or (c) affect or impair any rights or remedies of the United
States, or of the Secretary, or of any other person, with respect to any
such violation.
Sec. 1207.365 Personal liability.
No member of the Board shall be held personally responsible, either
individually or jointly with others, in any way whatsoever to any person
for errors in judgments, mistakes, or other acts, either of commission
or omission, as such member except for acts of willful misconduct, gross
negligence, or those which are criminal in nature.
Sec. 1207.366 Separability.
If any provision of this plan is declared invalid or the
applicability thereof to any person or circumstance is held invalid, the
validity of the remainder of this plan or applicability thereof to other
persons or circumstances shall not be affected thereby.
Subpart--Rules and Regulations
Source: 37 FR 17379, Aug. 26, 1972, unless otherwise noted.
Definitions
Sec. 1207.500 Definitions.
(a) Unless otherwise defined in this subpart, definitions of terms
used in this subpart shall have the same meaning as the definitions of
such terms which appear in Subpart--Potato Research and Promotion Plan.
(b) Processor. Processor means any person who commercially processes
potatoes into potato products, including, but not restricted to, frozen,
dehydrated, or canned potato products, potato chips and shoestrings, and
flour.
(c) Imported frozen or processed potatoes for ultimate consumption
by humans. Imported frozen or processed potatoes for ultimate
consumption by humans means products which are imported into the
[[Page 54]]
United States which the Secretary determines contain a substantial
amount of potato.
[37 FR 17379, Aug. 26, 1972, as amended at 56 FR 40231, Aug. 14, 1991;
57 FR 40083, Sept. 2, 1992]
General
Sec. 1207.501 Communications.
All communications in connection with the Potato Research and
Promotion Plan shall be addressed to: National Potato Promotion Board,
7555 East Hampden Avenue, Suite 412, Denver, Colorado 80231.
[59 FR 44036, Aug. 26, 1994]
Sec. 1207.502 Determination of membership.
(a) Pursuant to Sec. 1207.320 and the recommendation of the Board,
annual producer memberships on the Board shall be determined on the
basis of the average potato production of the 3 preceding years in each
State as set forth in the Crop Production Annual Summary Reports issued
by the Crop Reporting Board of the U.S. Department of Agriculture.
(b) Pursuant to Sec. 1207.320 and the recommendation of the Board,
annual importer memberships on the Board shall be determined on the
basis of the average potato, potato product, and seed potato importation
of the 3 preceding years as determined by the Board's records.
[56 FR 40231, Aug. 14, 1991]
Sec. 1207.503 Nominations.
(a) Pursuant to Sec. 1207.322 of the plan, the Board shall assist
producers in producing sections or States each year to nominate producer
members for the Board. Such nominations may be conducted at meetings or
by mail ballots. One individual shall be nominated for each position to
become vacant. A list of nominees shall be submitted to the Secretary
for consideration by November 1 of each year.
(b) Pursuant to Sec. 1207.322 of the plan, the Board shall assist
importers each year to nominate importer members for the Board. Such
nominations may be conducted at meetings or by mail ballots.
(c) Nomination meetings or mail balloting shall be well publicized
with notice given to producers, importers, and the Secretary at least 10
days prior to each meeting or mailing of ballots.
(d) The public member shall be nominated by the producer and
importer members of the Board.
[37 FR 17379, Aug. 26, 1972, as amended at 49 FR 2093, Jan. 18, 1984; 56
FR 40231, Aug. 14, 1991; 62 FR 46179, Sept. 2, 1997]
Sec. 1207.504 Term of office.
(a) The term of office of Board members shall be for three years and
shall begin March 1 and end on the last day of February.
(b) Board members shall serve during the term of office for which
they are selected and have qualified and until their successors are
selected and have qualified.
[38 FR 7123, Mar. 16, 1973, as amended at 49 FR 2093, Jan. 18, 1984]
Sec. 1207.505 Procedure.
(a) The procedure for conducting the Board's meetings shall be in
accordance with the bylaws adopted by the Board on June 7, 1972, and
approved by the Secretary and any subsequent amendments adopted by the
Board and approved by the Secretary.
(b) Each importer member shall be entitled to not less than one
vote. Importer members shall also be entitled to one additional vote for
each 1 million hundredweight, or major fraction thereof, on a fresh-
weight basis, of imported tablestock potatoes, potato products, or seed
potatoes, as determined by data on imports provided by the U.S.
Department of Agriculture. The casting of such votes shall be determined
by the importer members.
[62 FR 46179, Sept. 2, 1997]
Sec. 1207.506 Policy.
(a) It shall be the policy of the Board to carry out an effective
and continuous coordinated program of marketing research, development,
advertising, and promotion in order to help maintain and expand existing
domestic and foreign markets for potatoes and to develop new or improved
markets.
[[Page 55]]
(b) It shall be the objective of the Board to carry out programs and
projects which will provide maximum benefit to the potato industry and
no undue preference shall be given to any of the various industry
segments.
Sec. 1207.507 Administrative Committee.
(a) The Board shall annually select from among its members an
Administrative Committee composed of producer members as provided for in
the Board's bylaws, one or more importer members, and the public member.
Selection shall be made in such manner as the Board may prescribe:
Except that such committee shall include the Chairperson and six Vice-
Chairpersons, one of whom shall also serve as the Secretary and
Treasurer of the Board.
(b) The Administrative Committee shall act for the Board in
implementing such marketing research, development, advertising, and/or
promotion activities as directed by the Board, and shall, subject to
such direction, be charged with developing and submitting to the
Secretary for his approval specific programs or projects in the name of
the Board. The Administrative Committee shall further act for the Board
in authorizing contracts or agreements for the development and carrying
out of such programs or projects and the payment of the costs thereof
with funds collected pursuant to Sec. 1207.342 of the plan.
(1) The Administrative Committee also shall act for the Board in
contracting with cooperating agencies for the collection of assessments
pursuant to Sec. 1207.513(d).
(2) [Reserved]
(c) The Board may assign such other administrative powers and duties
to the Administrative Committee as it shall determine, and the
Administrative Committee shall act on behalf of and in the name of the
Board in all administrative matters.
[37 FR 17379, Aug. 26, 1972, as amended by Amdt. 6, 42 FR 55879, Oct.
20, 1977; 44 FR 25621, May 2, 1979; 50 FR 25199, June 18, 1985; 56 FR
40231, Aug. 14, 1991; 59 FR 44036, Aug. 26, 1994]
Sec. 1207.508 USDA costs.
Pursuant to Sec. 1207.341 of the Plan the Board shall pay those
administrative costs incurred by the U.S. Department of Agriculture for
the conduct of its duties under the Plan as are determined periodically
by the Secretary. Payment shall be due promptly after billing for such
costs.
[49 FR 26202, June 27, 1984]
Assessments
Sec. 1207.510 Levy of assessments.
(a) Domestic assessments. (1) An assessment rate of 2 cents per
hundredweight shall be levied on all potatoes produced within the 50
States of the United States.
(2) No assessment shall be levied on potatoes grown in the 50 States
of the United States by producers of less than 5 acres of potatoes.
(b) Assessments on imports. (1) An assessment rate of 2 cents per
hundredweight shall be levied on all tablestock potatoes imported into
the United States for ultimate consumption by humans and all seed
potatoes imported into the United States. An assessment rate of 2 cents
per hundredweight shall be levied on the fresh weight equivalents of
imported frozen or processed potatoes for ultimate consumption by
humans. The importer of imported tablestock potatoes, potato products,
or seed potatoes shall pay the assessment to the Board through the U.S.
Customs Service at the time of entry or withdrawal for consumption of
such potatoes and potato products into the United States.
(2) The following conversion factors shall be used to determine the
fresh weight equivalents of frozen and processed potato products:
Frozen potato products.......................................... .50
Canned potatoes................................................. .636
Potato chips and shoestring potatoes............................ .245
Dehydrated potato products...................................... .14
Potato starch................................................... .1111
(3) The Harmonized Tariff Schedule (HTS) categories and assessment
rates on imported tablestock potatoes and frozen or processed potatoes
for ultimate consumption by humans and on imported seed potatoes are as
follows:
------------------------------------------------------------------------
Assessment
Tablestock potatoes, processed potato products, ---------------------
and seed potatoes Cents/cwt Cents/kg
------------------------------------------------------------------------
0701.10.0020...................................... 2.00 0.0441
0701.10.0040...................................... 2.00 0.0441
[[Page 56]]
0701.90.1000...................................... 2.00 0.0441
0701.90.5010...................................... 2.00 0.0441
0701.90.5020...................................... 2.00 0.0441
0701.90.5030...................................... 2.00 0.0441
0701.90.5040...................................... 2.00 0.0441
0710.10.0000...................................... 4.00 0.0882
2004.10.4000...................................... 4.00 0.0882
2004.10.8020...................................... 4.00 0.0882
2004.10.8040...................................... 4.00 0.0882
2005.20.6060...................................... 3.1446 0.0693
0712.10.0000...................................... 14.2857 0.3149
1105.10.0000...................................... 14.2857 0.3149
1105.20.0000...................................... 14.2857 0.3149
2005.20.6040...................................... 14.2857 0.3149
2005.20.2000...................................... 8.1633 0.1800
1108.13.0010...................................... 18.0018 0.3969
------------------------------------------------------------------------
(4) No assessments shall be levied on otherwise assessable potatoes
which are contained in imported products wherein potatoes are not a
principal ingredient.
(c) Potatoes and potato products used for nonhuman food purposes,
other than seed, are exempt from assessment but are subject to the
disposition of exempted potatoes provisions of Sec. 1207.515 of this
subpart.
(d) No more than one such assessment shall be made on any potatoes
or potato products.
[57 FR 40083, Sept. 2, 1992, as amended at 58 FR 3359, Jan. 8, 1993; 59
FR 44036, Aug. 26, 1994]
Sec. 1207.511 Determination of assessable quantity.
The assessable quantity of potatoes in any lot shall be determined
on the basis of utilization. Assessments shall be due on the entire lot
handled for human consumption, seed, or unspecified purposes if there is
no accounting made on the basis of the utilization of such lot. However,
if the accounting identifies all or portions of such lot on the basis of
utilization, assessments shall be due only on that portion utilized for
human consumption and seed.
Sec. 1207.512 Designated handler.
The assessment on each lot of potatoes produced in the 50 States of
the United States and handled shall be paid by the designated handler as
hereafter set forth.
(a) Unless otherwise provided in paragraphs (a)(8), (b), and (c) of
this section, the designated handler shall be the first handler of such
potatoes. The first handler is the person who initially performs a
handler function as heretofore defined. Such person may be a fresh
shipper, processor, or other person who first places the potatoes in the
channels of commerce. A producer who grades, packs, or otherwise
performs handler functions thereby becomes a handler and as such assumes
first handler responsibilities under this part. The following examples
are provided to aid in identification of first handlers who are
designated handlers:
(1) Producer delivers field-run potatoes of his own production to a
handler for preparation for market. The handler in this instance is the
designated handler, regardless of whether he subsequently handles such
potatoes for his own account or for the account of the producer.
(2) Producer delivers field-run potatoes of his own production to a
handler who takes title to such potatoes and places them in storage for
subsequent handling. The handler who purchases such potatoes from the
producer is the designated handler.
(3) Producer delivers field-run potatoes to a commercial storage
facility for the purpose of holding such potatoes under his own account
for later sale. There is no designated handler in this instance since
such potatoes have not been handled as heretofore defined and no
assessment is due. The designated handler of such potatoes would be
identified on the basis of subsequent handling of such potatoes.
(4) Fresh shipper purchases a lot of potatoes from a producer, packs
a portion of such potatoes for fresh market, and delivers the balance to
a processor. The fresh shipper is the designated handler for all
potatoes in the lot.
(5) Handler purchases potatoes from a producer's field or storage
for the purpose of preparing such potatoes for market or for
transporting such potatoes to storage for subsequent handling. The
handler who purchases such potatoes from the producer is the designated
handler.
(6) Producer packs and sells potatoes of his own production from the
field, roadside stand, or storage to a consumer, itinerant trucker, or
other buyer. In performing such handler
[[Page 57]]
functions the producer assumes the responsibility of designated handler.
(7) Processor utilizes potatoes of his own production in the
manufacture of potato chips, frozen, dehydrated, or canned products for
human consumption. In so handling potatoes, the processor assumes the
responsibility of designated handler.
(8) Producer utilizes potatoes of his own production for seed in
planting his subsequent crop. Such seed potatoes do not enter the
current of commerce; there is no designated handler in this instance
since the potatoes have not been handled as heretofore defined and no
assessment is due. However, seed potatoes sold or shipped to other
producers for planting or to other persons for subsequent disposition
enter the current of commerce and are subject to assessment. The
producer of seed potatoes shall be the designated handler of such
potatoes shipped to other producers for planting and the assessment is
due when he first sells or otherwise handles such potatoes. The first
person who acquires seed potatoes from the producer thereof for
subsequent disposition other than planting by said person shall be the
designated handler of such potatoes. However, the seed producer will be
the designated handler responsible for filing reports and making
payments, unless he can show that the first person who obtained the
potatoes from him disposed of them other than by planting. To show this
the seed producer must submit to the Potato Board the name and address
of the first person who obtained the potatoes from him and an invoice of
sale or settlement sheet on which it is indicated that such person will
be the designated handler and therefore will be responsible for the
payment of the assessments. Only by showing this is the seed producer no
longer considered the designated handler and therefore not liable for
the assessments.
(b) Any person who handles potatoes for a producer thereof under
oral or written contract or agreement providing for the sale thereof
shall be the designated handler for such potatoes, notwithstanding the
fact that the producer may have graded, packed, or otherwise handled
such potatoes and thereby became the first handler of such potatoes.
Examples. A cooperative marketing association, or other person, who
makes an accounting to the producer, or pay the proceeds of the sale to
the producer would be the designated handler responsible for the
assessment.
(c) Any processor who purchases potatoes from the producer thereof
shall be the designated handler even though the producer may have
graded, packed, or otherwise handled such potatoes and thereby became
the first handler of such potatoes.
[37 FR 17379, Aug. 26, 1972, as amended by Amdt. 4, 40 FR 7893, Feb. 24,
1975; Amdt. 7, 43 FR 9133, Mar. 6, 1978; Amdt. 8, 43 FR 51001, Nov. 2,
1978; 56 FR 40231, Aug. 14, 1991]
Sec. 1207.513 Payment of assessments.
(a) Time of payment. The assessment on domestically produced
potatoes shall become due at the time a determination of assessable
potatoes is made in the normal handling process, pursuant to
Sec. 1207.511. If no determination is made of the utilization of a lot,
assessments shall be due on the entire lot when it enters the current of
commerce. The assessment on imported potatoes, potato products, and seed
potatoes shall become due at the time of entry, or withdrawal, for
consumption into the United States.
(b) Responsibility for payment. (1) The designated handler is
responsible for payment of the assessment on domestically produced
potatoes. He may pay with no reimbursement from the producer. In the
alternative, he may collect the assessment from the producer, or deduct
such assessment from the proceeds paid to the producer on whose potatoes
the assessment is made, provided he furnishes the producer with evidence
of such payment. Any such collection or deduction of assessment shall be
made not later than the time when the assessment becomes payable by the
handler to the Board. Failure of the handler to collect or deduct such
assessment does not relieve the handler of his obligation to remit the
assessment to the Board.
(2) The Customs Service shall collect payment of assessment on
imported potatoes, potato products, and seed potatoes from importers and
forward such assessment per agreement between the
[[Page 58]]
Customs Service and the U.S. Department of Agriculture. Importers shall
be responsible for payment of assessment directly to the Board of any
assessment due but not collected by the Customs Service at the time of
entry, or withdrawal, for consumption into the United States. An
importer may apply to the Board for reimbursement of assessments paid on
exempted products.
(c) Payment directly to the Board. (1) Except as provided in
paragraphs (b) and (d) of this section, each designated handler or
importer shall remit assessments directly to the Board by check, draft,
or money order payable to the National Potato Promotion Board, or NPPB,
not later than 10 days after the end of the month such assessment is due
together with a report (preferably on Board forms) thereon.
(2) All designated handlers, including a designated handler whose
own production is handled and assessments to the Board paid by another
designated handler, shall report to the Board:
(i) Date of report (which is also date of payment to the Board).
(ii) The name and address of the designated handler;
(iii) The period potatoes were handled;
(iv) The total quantity of potatoes determined to be assessable
during the period potatoes were handled, pursuant to Sec. 1207.511.
(3) Designated handlers who collect assessments from producers or
withhold assessments from their accounts or pay the assessment
themselves shall also include a list of all such producers whose
potatoes were handled during the period, their addresses and the total
assessable quantities handled for each such producer.
(i) In lieu of such a list, the designated handler may substitute
authentic copies of settlement sheets given to each producer provided
such settlement sheets contain all the information listed above.
(ii) The words ``final report'' shall be shown on the last report at
the close of his marketing season or at the end of each fiscal period if
such handler markets potatoes on a year-round basis.
(4) Prepayment of assessment: (i) In lieu of the monthly assessment
and reporting requirements of paragraph (b) of this section, the Board
may permit designated handlers to make advance payments of their total
estimated assessments for the season to the Board prior to their actual
determination of assessable potatoes. Such procedure may be permitted
when it is considered by the designated handler to be the more practical
method of payment.
(ii) Persons using such procedure shall provide a final annual
accounting of actual handling and assessments.
(iii) Specific requirements, instructions, and forms for making such
advance payments shall be provided by the Board upon request.
(d) Payment through cooperating agency. The Board may authorize
other organizations to collect assessments in its behalf. In any State
or area in which the Board has negotiated an agreement to collect
assessments with an agency such as a State Potato Commission or a Potato
Association approved by the Secretary, the designated handler shall pay
the assessment to such agency in the time and manner, and with such
identifying information as specified in such agreement. Such an
agreement shall not provide any cooperating agency with authority to
collect confidential information from handlers; to qualify, the
cooperating agency must on its own accord have access to all information
required by the Board for collection purposes. If the Board requires
further evidence of payment than provided, it may acquire such evidence
from individual designated handlers.
(1) All such agreements are subject to the requirement of
Sec. 1207.352 Confidential treatment, of the plan, the provisions of
section 310(c) of the Act, and all applicable rules and regulations and
financial safeguards in effect under the Act and the plan; and all
affected persons shall agree to, and conduct their operations and
activities in accordance with, such requirements.
(2) [Reserved]
[37 FR 17379, Aug. 26, 1972, as amended by Amdt. 6, 42 FR 55879, Oct.
20, 1977; 56 FR 40231, Aug. 14, 1991; 62 FR 46179, Sept. 2, 1997]
[[Page 59]]
Sec. 1207.514 [Reserved]
Sec. 1207.515 Safeguards.
The Board may require reports by designated handlers and importers
on the handling, importation, and disposition of exempted potatoes.
Also, authorized employees of the Board or the Secretary, may inspect
such books and records as are appropriate and necessary to verify the
reports on such disposition.
[37 FR 17379, Aug. 26, 1972, as amended at 56 FR 40232, Aug. 14, 1991]
Records
Sec. 1207.532 Retention period for records.
Each handler and importer required to make reports pursuant to this
subpart shall maintain and retain such records for at least 2 years
beyond the end of the marketing year of their applicability:
(a) One copy of each report made to the Board; and
(b) Such records as are necessary to verify such reports.
[37 FR 17379, Aug. 26, 1972, as amended at 56 FR 40232, Aug. 14, 1991]
Sec. 1207.533 Availability of records.
(a) Each handler and importer required to make reports pursuant to
this subpart shall make available for inspection by authorized employees
of the Board or the Secretary during regular business hours, such
records as are appropriate and necessary to verify reports required
under this subpart.
(b) Importers shall also maintain for 2 years records on the total
quantities of potatoes imported and on the total quantities of potato
products imported, and a record of each importation of potatoes, potato
products, and seed potatoes including quantity, date, and port of entry,
and shall make such records available for inspection by authorized
employees of the Board or the Secretary during regular business hours.
[56 FR 40232, Aug. 14, 1991]
Sec. 1207.534 OMB control number assigned pursuant to the Paperwork Reduction Act.
The information collection requirements contained in this part have
been approved by the Office of Management and Budget (OMB) under the
provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control
number 0581-0093.
[49 FR 23826, June 8, 1984]
Confidential Information
Sec. 1207.540 Confidential books, records, and reports.
All information obtained from the books, records, and reports of
handler and importers and all information with respect to refunds of
assessments made to individual producers and importers shall be kept
confidential in the manner and to the extent provided for in
Sec. 1207.352 of the Plan.
[56 FR 40232, Aug. 14, 1991]
Sec. 1207.545 Right of the Secretary.
All fiscal matters, programs or projects, rules or regulations,
reports, or other substantive action proposed and prepared by the Board
shall be submitted to the Secretary for his approval.
Sec. 1207.546 Personal liability.
No member of the Board 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, except for acts of willful misconduct, gross
negligence, or those which are criminal in nature.
PART 1208--FRESH CUT FLOWERS AND FRESH CUT GREENS PROMOTION AND INFORMATION--Table of Contents
Subpart A--Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order
Definitions
Sec.
1208.1 Act.
[[Page 60]]
1208.2 Consumer information.
1208.3 Council.
1208.4 Cut flowers.
1208.5 Cut greens.
1208.6 Cut flowers and greens.
1208.7 Department.
1208.8 Exempt handler.
1208.9 Fiscal year.
1208.10 Gross sales price.
1208.11 Order.
1208.12 Part and subpart.
1208.13 Person.
1208.14 Promotion.
1208.15 Producer that is a qualified handler.
1208.16 Qualified handler.
1208.17 Research.
1208.18 Retailer.
1208.19 Secretary.
1208.20 Substantial portion.
1208.21 State.
1208.22 Traditional retailer.
1208.23 Traditional retail florist organization.
1208.24 United States.
Establishment of the Council
1208.30 Establishment and membership of the Council.
1208.31 Election and appointment of members and alternates other than
retailers.
1208.32 Designation and appointment of retailer members and alternates.
1208.33 Failure to nominate.
1208.34 Terms of office and compensation.
1208.35 Vacancies.
1208.36 Procedure.
1208.37 Executive committee.
Activities of the Council
1208.40 Duties of the Council.
1208.41 Budgets and expenses.
1208.42 Plans, projects, budgets, and contracts.
1208.43 Other contracts and agreements.
Assessments
1208.50 Assessments.
1208.51 Influencing governmental action.
1208.52 Charges for late payments.
1208.53 Adjustment of accounts.
1208.54 Refunds of assessments and escrow account.
1208.55 Postponement of collections.
1208.56 Determinations.
Suspension or Termination
1208.60 Suspension and termination.
1208.61 Proceedings after termination.
1208.62 Effect of termination or amendment.
Reports, Books, and Records
1208.70 Books, records, reports, cost control, and audits of the
Council.
1208.71 Reports, books, and records of persons subject to this subpart.
1208.72 Confidential treatment.
Miscellaneous
1208.80 Right of the Secretary.
1208.81 Personal liability.
1208.82 Patents, copyrights, inventions, publications, and product
formulations.
1208.83 Amendments.
1208.84 Separability.
1208.85 OMB control numbers.
Subpart B--Rules and Regulations
Definitions
1208.100 Terms defined.
Assessments
1208.150 Procedures for postponement of collections.
Authority: The Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Act of 1993, 7 U.S.C. 6801 et seq.
Source: 59 FR 67143, Dec. 29, 1994, unless otherwise noted.
Subpart A--Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order
Definitions
Sec. 1208.1 Act.
Act means the Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Act of 1993, Pub. L. 103-190, 7 U.S.C. Secs. 6801 et seq.,
and any amendments thereto.
Sec. 1208.2 Consumer information.
Consumer information means any action or program that provides
information to consumers and other persons on appropriate uses for cut
flowers and greens under varied circumstances, or on the care and
handling of cut flowers and greens.
Sec. 1208.3 Council.
Council means the Fresh Cut Flowers and Fresh Cut Greens Promotion
Council established pursuant to Sec. 1208.30 of this subpart and which
shall be referred to as the National PromoFlor Council.
Sec. 1208.4 Cut flowers.
Cut flowers include all flowers cut from growing plants that are
used as fresh-cut flowers and that are produced under cover or in field
operations, but
[[Page 61]]
not including foliage plants, floral supplies, or flowering plants.
Sec. 1208.5 Cut greens.
Cut greens include all cultivated or noncultivated decorative
foliage cut from growing plants that are used as fresh-cut decorative
foliage (except Christmas trees) and that are produced under cover or in
field operations, but not including foliage plants, floral supplies, or
flowering plants.
Sec. 1208.6 Cut flowers and greens.
The term cut flowers and greens means either cut flowers or cut
greens, even though the cut flowers or cut greens are sold as separate
commodities by a person in the floral marketing system, or cut flowers
and cut greens collectively when both commodities are sold by a person
in the floral marketing system.
Sec. 1208.7 Department.
Department means the United States Department of Agriculture.
Sec. 1208.8 Exempt handler.
Exempt handler means a person who would otherwise be considered to
be a qualified handler except that the person's annual sales of cut
flowers and greens to retailers and other exempt handlers is less than
$750,000.
Sec. 1208.9 Fiscal year.
Fiscal year means a 12-month period recommended by the Council and
approved by the Secretary.
Sec. 1208.10 Gross sales price.
Gross sales price means the total amount of the transaction in a
sale of cut flowers and greens from a handler to a retailer or exempt
handler including but not limited to charges such as containers, pre-
cooling, packing, sleeving, delivery, freight, shipping, or other
charges necessary to the protection and preservation of the cut flowers
and greens.
Sec. 1208.11 Order.
Order means this subpart.
Sec. 1208.12 Part and subpart.
Part means the Fresh Cut Flowers and Fresh Cut Greens Promotion and
Information Order and all rules and regulations issued pursuant to the
Act. The order itself shall be a subpart of such part.
Sec. 1208.13 Person.
Person means any individual, group of individuals, firm,
partnership, corporation, joint stock company, association, society,
cooperative, or other legal entity.
Sec. 1208.14 Promotion.
Promotion means any action determined by the Secretary to advance
the image, desirability, or marketability of cut flowers and greens,
including paid advertising.
Sec. 1208.15 Producer that is a qualified handler.
Producer that is a qualified handler means an entity that is
engaged: In the domestic production, for sale in commerce, of cut
flowers and greens and that owns or shares in the ownership and risk of
loss of the cut flowers and greens; or as a first processor of
noncultivated greens, in receiving the greens from a person who gathers
the greens for handling; and is subject to assessments as a qualified
handler under the order.
Sec. 1208.16 Qualified handler.
Qualified handler means a person operating in the cut flowers and
greens marketing system that sells domestic or imported cut flowers and
greens to retailers and exempt handlers and whose annual sales of cut
flowers and greens to retailers and exempt handlers are $750,000 or
more. The term does not include a person who only physically transports
or delivers cut flowers and greens. However, the term does include, but
is not limited to, the following entities when they have the requisite
volume of sales of cut flowers and greens as provided in Secs. 1208.50
and 1208.57:
(a) A qualified wholesale handler--a person in business as a floral
wholesale jobber (i.e., a person who conducts a
[[Page 62]]
commission or other wholesale business in buying and selling cut flowers
and greens) or as a floral supplier (i.e., a person engaged in acquiring
cut flowers and greens to be manufactured into floral articles or
otherwise processed for resale) if the annual value of the qualified
wholesale handlers sale of cut flowers and greens to retailers and
exempt handlers is $750,000 or more;
(b) A manufacturer of bouquets for sale to retailers if the cut
flowers and greens used in such articles are a substantial portion of
the value of the manufactured floral articles;
(c) A manufacturer of floral articles (other than bouquets) for sale
to retailers if the cut flowers and greens used in such articles are a
substantial portion of the value of the manufactured floral articles;
(d) An auction house that clears the sale of cut flowers and greens
to retailers and exempt handlers through a central clearinghouse;
(e) A distribution center that is owned or controlled by a retailer
if the predominant retail business activity of the retailer is floral
sales. In addition to sales, non-sale transfers of cut flowers and
greens by the distribution center to retail outlets, shall be counted
for the purpose of applying the $750,000 minimum volume rule to the
center and the value of such transfers shall be determined as provided
in Secs. 1208.50 and 1208.57;
(f) An importer that is a qualified handler--a person whose
principal activity is the importation of cut flowers and greens into the
United States (either directly or as an agent, broker, or consignee of
any person or nation that produces or handles cut flowers and greens
outside of the United States for sale in the United States) and who
sells such cut flowers and greens to retailers and exempt handlers or
directly to consumers, if the annual combined value of such sales
determined as provided in Secs. 1208.50 and 1208.57 totals $750,000 or
more;
(g) A producer that is a qualified handler, e.g., a person who
produces cut flowers and greens and who sells such cut flowers and
greens directly to retailers or consumers if the annual combined value
of such sales determined as provided in Secs. 1208.50 and 1208.57 totals
$750,000 or more.
Sec. 1208.17 Research.
Research means market research and studies limited to the support of
advertising, market development, and other promotion efforts and
consumer information efforts relating to cut flowers and greens,
including educational activities.
Sec. 1208.18 Retailer.
Retailer means a person who sells cut flowers and greens to
consumers. The term includes:
(a) All retail outlets that sell cut flowers and greens to consumers
including retail florists, supermarkets, and other mass market retail
outlets that sell such cut flowers or greens, except distribution
centers defined in Sec. 1208.16(e) (i.e., centers that are owned or
controlled by a retailer if the predominant retail business activity of
the retailer is floral sales and whose sales and non-sale transfers of
cut flowers and greens to retail outlets total $750,000 or more,
determined as provided in this subpart) even though such centers may
also make direct sales to consumers.
(b) Distribution centers owned or controlled by a retailer (or
distribution centers owned or controlled cooperatively by a group of
such retailers) when the predominant business activity of the retailer
or retailers is not the sale of cut flowers and greens to consumers; and
(c) Distribution centers independently owned but operated primarily
to provide food products to retail stores.
Sec. 1208.19 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 the Secretary's stead.
Sec. 1208.20 Substantial portion.
Substantial portion means that portion of the total value of
manufactured floral articles that represents the value of the cut
flowers and greens in such
[[Page 63]]
articles (expressed as a percentage factor) which the Council, with the
approval of the Secretary, finds to be great enough to cause such
articles to be classed as cut flowers and greens under this subpart.
Sec. 1208.21 State.
State means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau (until such time as the
Compact of Free Association is ratified).
Sec. 1208.22 Traditional retailer.
Traditional retailer means any retailer, as defined in Sec. 1208.18,
whose primary business is the sale of floral products, including fresh
cut flowers and cut greens, or who has a specific department dedicated
to the sale of floral products, including fresh cut flowers and cut
greens.
Sec. 1208.23 Traditional retail florist organization.
Traditional florist organization means membership organizations of
traditional retailers with activities and membership which are
nationwide in scope.
Sec. 1208.24 United States.
United States means the States collectively.
Establishment of the Council
Sec. 1208.30 Establishment and membership of the Council.
(a) A Fresh Cut Flowers and Fresh Cut Greens Promotion Council which
shall be named the National PromoFlor Council is hereby established to
administer the terms and provisions of this subpart. The Council shall
consist of 25 members nominated by the floral industry and appointed by
the Secretary, as provided in this subpart, each of whom shall have an
alternate nominated and appointed in the same manner as members of the
Council are nominated and appointed.
(b) The membership of the Council shall be divided as follows:
(1) 14 members and their alternates shall represent qualified
wholesale handlers of domestic or imported cut flowers and greens;
(2) Three members and their alternates shall represent producers
that are qualified handlers of cut flowers and greens;
(3) Three members and their alternates shall represent importers
that are qualified handlers of cut flowers and greens;
(4) Three members and their alternates shall represent traditional
retailers of cut flowers and greens;
(5) One member and alternate shall represent persons who produce cut
flowers and greens in locations east of the Mississippi River; and
(6) One member and alternate shall represent persons who produce cut
flowers and greens in locations west of the Mississippi River.
Sec. 1208.31 Election and appointment of members and alternates other than retailers.
(a) PromoFlor Organizing Group, Inc., an industry organizing
committee, is designated as an election committee for the purpose of
receiving the names of individuals who are engaged in the industry and
who are prepared to serve as members (other than retailer members) of
the Council or as alternates if elected as nominees and if selected by
the Secretary for such positions.
(b) The election committee shall, within five (5) days of the
issuance of this subpart and with the assistance of the Secretary,
request the submission of names of candidates for nominees from those
segments of the industry for which nominees must be selected by an
election process. These segments are: qualified wholesale handlers;
importers who are qualified handlers; producers of cut flowers and
greens who are qualified handlers; and producers of cut flowers and
greens without regard to whether they are qualified handlers.
[[Page 64]]
Notification of the industry of the selection process by the election
committee shall be by a news release to industry publications and where
appropriate, newspapers of general circulation. In order to be assured
of a place on the slate of candidates, the names of candidates must be
received by the election committee not later than fifteen (15) days
after the date of the first such news release.
(c) Names of candidates shall be sought for the following seats on
the Council:
(1) 14 members and their respective alternates to represent
qualified wholesale handlers of domestic or imported cut flowers and
greens. Two such members and their respective alternates to represent
the United States at large and two such members and their respective
alternates to represent each of the following regions:
Region 1 (Pacific): Alaska, California, Hawaii, Oregon, Washington, the
Commonwealth of the Northern Mariana Islands, Guam, the Federated States
of Micronesia, American Samoa, the Republic of the Marshall Islands, and
the Republic of Palau.
Region 2 (Inter-Mountain): Arizona, Arkansas, Colorado, Idaho, Kansas,
Louisiana, Montana, Nebraska, Nevada, New Mexico, North Dakota,
Oklahoma, South Dakota, Texas, Utah, and Wyoming.
Region 3 (North Central): Illinois, Indiana, Iowa, Michigan, Minnesota,
Missouri, and Wisconsin.
Region 4 (Northeast): Connecticut, Maine, Massachusetts, New Hampshire,
New Jersey, New York, Rhode Island, and Vermont.
Region 5 (Mid-Atlantic): Delaware, District of Columbia, Kentucky,
Maryland, Ohio, Pennsylvania, Virginia, and West Virginia.
Region 6 (Southeast): Alabama, Florida, Georgia, Mississippi, North
Carolina, Puerto Rico, South Carolina, Tennessee, and the United States
Virgin Islands.
(2) Three at-large members and their alternates to represent
importers that are qualified handlers of cut flowers and greens.
(3) Three members and their alternates to represent producers of cut
flowers and greens that are qualified handlers of cut flowers and
greens. There shall be one such member and alternate from each of the
following production areas:
Production Area 1: California.
Production Area 2: Alaska, Arizona, Arkansas, Colorado, Hawaii, Idaho,
Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota,
Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma,
Oregon, South Dakota, Texas, Utah, Washington, Wisconsin, and Wyoming.
Production Area 3: Alabama, Connecticut, Delaware, Florida, Georgia,
Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire,
New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island,
South Carolina, Tennessee, Vermont, Virginia, and West Virginia.
(4) Two members and their respective alternates to represent persons
who produce cut flowers and greens in locations east and west of the
Mississippi River, respectively. There shall be one such member and
alternate from the east, and one such member and alternate from the
west.
(d) Names of candidates for nominees may be submitted by state,
regional (either regions within a state or regions that include more
than one state as appropriate), or national industry organizations,
provided that the organization has members engaged in the appropriate
segment of the industry and from the region or production area if
applicable, or by petition. The names of candidates submitted by an
industry organization shall be accompanied by statements showing the
role of the organization in the industry and general information about
the membership it represents. No industry organization may submit more
than two names of candidates for each seat on the Council. The names of
candidates submitted by petition shall be accompanied by petitions in
support of such candidate, signed by not less than ten (10) persons
engaged in the appropriate segment of the industry and from the region
or production area, if applicable, that the candidate will represent if
ultimately selected by the Secretary. Submission of names of all
candidates, whether by organizations or by petition, must include a
certification by the candidate that the candidate is within the segment
of the industry and the region or production area for which the
candidate is nominated and, if elected as a nominee and if subsequently
appointed by the Secretary, the candidate is willing to serve as a
member or alternate member on the Council.
[[Page 65]]
(e) The names of candidates so submitted shall be reviewed and
organized by the election committee for the preparation of slates of
candidates. Separate slates for each segment and region of the industry
shall be prepared as appropriate. There must be at least four candidates
for each position on the Council for which nominees must be selected by
election. No candidate may seek nomination for more than one seat on the
Council. In a case where a candidate is nominated more than once, the
election committee will decide which place on the ballot the candidate's
name will appear. If insufficient candidates have been proposed for any
seat, the election committee shall select additional candidates as
required. The slates shall be prepared not later than 5 days after the
date for receiving names of candidates by the election committee.
(f) After all candidates have been listed on the slates of
candidates, the slates shall be supplied to an independent certified
public accounting (CPA) firm contracted by the election committee. The
ballots shall be printed and distributed by the CPA firm by U.S. mail,
or other means selected by the election committee, not later than 15
days after the slates of candidates are received from the election
committee. To the maximum extent practicable, ballots will be
distributed to all persons who are eligible to vote for candidates under
this subpart in the segment of the industry, the region, or in the
United States as a whole, as applicable, to which the ballot pertains.
Ballots that are not returned to the CPA firm within 20 days shall be
declared invalid. The votes for each candidate on the ballots shall be
tallied by the CPA firm at the end of the voting period and the results
furnished to the election committee. The election committee shall issue
a news release setting forth the names of the candidates and the number
of votes received by each candidate within 5 days after the voting
period has ended. Those candidates on each of the ballots who rank
first, second, third, and fourth in the number of votes received for
each seat on the Council shall be declared the nominees for each such
seat.
(g) The names of those declared the nominees for each of the seats
on the Council representing the various segments of the industry and the
designated regions or production areas, where applicable, shall be
submitted to the Secretary in order of rank with the number of votes
received by each such nominee shown after the nominee's name and with
the recommendation that the nominee with the most votes for each of such
seats be declared the member of the Council and the nominee with the
next greatest number of votes for each of such seats be declared the
alternate member. The Secretary shall then appoint from the nominees so
provided the members and their alternates for each of such seats on the
Council.
(h) Subsequent elections of nominees and appointment of members and
alternates as terms expire shall be conducted by the Council or the
Council staff in the manner similar to that described above except that
the Council shall act as the election committee for which provision is
made in this section. The nomination and election process shall be
completed at least 90 days before the beginning of each nominee's term
of office.
(i) The Council shall periodically review the cut flower and greens
market in the United States for changes in the geographic distribution
of importing, producing, and marketing facilities and shall, if
appropriate, recommend changes in the regions and production areas
described in this section to the Secretary for approval.
Sec. 1208.32 Designation and appointment of retailer members and alternates.
(a) Four nominations for one of the traditional retailer members of
the Council and that member's alternate shall be received from the
American Floral Marketing Council (AFMC) or a successor entity.
(b) Four nominations for each of two members of the Council and
their alternates shall be received from national traditional retail
florist organizations other than the AFMC. In order to be eligible to
submit nominations for members and alternates to serve on the
[[Page 66]]
Council, such organizations must certify that their activities and
membership are nationwide in scope. No more than four nominations for
each seat may be submitted by each organization.
(c) The Secretary shall choose from among the names submitted by the
AFMC the names of the member and alternate who shall fill the seat on
the Council representing the AFMC. The Secretary shall choose from among
the names submitted by national traditional retail florist organizations
other than the AFMC the two members and their alternates who shall fill
the other two seats on the Council representing traditional retailers.
Sec. 1208.33 Failure to nominate.
If any group of qualified wholesale handlers, producers that are
qualified handlers, importers that are qualified handlers, persons who
produce cut flowers and greens, or traditional retailers fails to
nominate individuals for appointments as members or alternates of the
Council, the Secretary may appoint individual(s) from the appropriate
segment(s), region(s), or area(s) of the industry to fill the vacancy or
vacancies. The failure of any nominee to promptly indicate the nominee's
willingness to serve in such manner as may be prescribed by the
Secretary shall be treated as a failure to nominate.
Sec. 1208.34 Term of office and compensation.
(a) The term of office for each member or alternate member of the
Council shall be three years. As provided in the Act, the initial
appointments on the Council shall be as follows: nine of the member
appointments shall be for two-year terms, eight of the appointments
shall be for three-year terms, and eight of the appointments shall be
for four-year terms. Alternate members shall have the same terms of
office as their respective members. The term of office on the initial
Council shall be apportioned as follows:
(1) One of the two qualified wholesale handler members representing
each of Regions 1, 2, 4, and 5 shall serve two-year terms of office; one
of the two qualified wholesale handler members representing each of
Regions 3, 4, and 6 shall serve three-year terms of office; and one of
the two qualified wholesale handler members representing each of Regions
1, 2, 3, 5, and 6 shall serve four-year terms of office.
(2) The two qualified wholesale handler members representing the
United States at large shall serve terms of office of two years and
three years respectively.
(3) The members representing producers that are qualified handlers
from Production Areas 1 and 2 shall serve three-year terms of office,
and the member representing producers that are qualified handlers from
Production Area 3 shall serve a four-year term of office.
(4) The three members representing importers that are qualified
handlers shall serve terms of office of two, three, and four years
respectively.
(5) The members representing producers that produce cut flowers and
greens east and west of the Mississippi River shall each serve two-year
terms of office.
(6) The member representing retailers nominated by the AFMC shall
serve a two-year term of office. The two members representing retailers
not nominated by the AFMC shall serve three-year and four-year terms of
office respectively.
(b) No member of the Council may serve more than two consecutive
terms of three years, except that any member serving an initial term of
four years or two years may serve an additional term of three years.
(c) The term of office for the initial Council shall begin
immediately following appointment by the Secretary. Should the term of
office of the initial Council begin before January 1, 1995, the time
between appointment and January 1, 1995, shall not count towards the
initial term of office. Should the term of office of the initial Council
begin later than January 1, 1995, all time until the following January
will count as a full year toward the terms of office set out in this
section. In subsequent years, the term of office shall begin on January
1 or such other period which may be recommended by the Council and
approved by the Secretary.
[[Page 67]]
(d) Members of the Council shall serve without compensation, but
each member or alternate member acting in place of a member shall be
reimbursed for the expenses incurred in performing duties as a member of
the Council.
Sec. 1208.35 Vacancies.
(a) Should any Council member position become vacant, the alternate
of that member shall automatically assume the position of said member.
Candidates for the vacant alternate member position which resulted from
the alternate filling the vacant member position shall be nominated in
the manner specified in Secs. 1208.31 and 1208.32. Provided, That a
vacancy will not be required to be filled if the unexpired term is less
than six months.
(b) Should the positions of both a member and such member's
alternate become vacant, Candidates to serve the unexpired terms of
office for such member and alternate shall be nominated in the manner
specified in Secs. 1208.31 and 1208.32. Provided, That a vacancy will
not be required to be filled if the unexpired term is less than six
months.
(c) If a member of the Council consistently refuses to perform the
duties of a member of the Council, if a member of the Council fails to
submit reports and remit assessments required under this part, or if a
member of the Council is known to be engaged in acts of dishonesty or
willful misconduct, the Council may recommend to the Secretary that the
member be removed from office. If the Secretary finds that the
recommendation of the Council shows adequate cause, the Secretary shall
remove such member from office. Further, without recommendation of the
Council, a member may be removed by the Secretary upon a showing of
adequate cause, if the Secretary determines that the person's continued
service would be detrimental to the achievement of the purposes of the
Act.
Sec. 1208.36 Procedure.
(a) Thirteen (13) Council members, including alternates acting in
place of members of the Council, shall constitute a quorum: Provided,
That such alternates shall serve only when the member is absent from a
meeting or is disqualified. Any action of the Council shall require the
concurring votes of a majority of those present and voting. At assembled
meetings, all votes shall be cast in person.
(b) In lieu of voting at an assembled meeting, and, when in the
opinion of the chairperson of the Council such action is considered
necessary, or for matters of an emergency nature when there is not
enough time to call an assembled meeting, the Council may act upon a
majority of concurring votes of its members cast by mail, telegraph,
telephone, facsimile, or by other means of communication: Provided, That
each member or alternate acting for a member receives an accurate, full,
and substantially identical explanation of each proposition. Telephone
votes shall be promptly confirmed in writing. All votes shall be
recorded in the Council minutes.
Sec. 1208.37 Executive committee.
(a) The Council is authorized to appoint an executive committee of
not more than nine persons from among its members. Initially, the
executive committee shall be composed of the following:
(1) Four members representing qualified wholesale handlers;
(2) Two members representing producers that are qualified handlers;
(3) Two members representing importers that are qualified handlers;
and
(4) One member representing traditional retailers.
(b) After the initial appointments, each appointment to the
executive committee shall be made so as to ensure that the committee
reflects, to the maximum extent practicable, the membership composition
of the Council as a whole.
(c) Each initial appointment to the executive committee shall be for
a term of two years. After the initial appointments, each appointment to
the executive committee shall be for a term of one year.
(d) The Council may delegate to the executive committee the
authority of the Council under this subpart to hire and manage staff and
conduct the routine business of the Council consistent with such
policies as are determined by the Council.
[[Page 68]]
Activities of the Council
Sec. 1208.40 Duties of the Council.
The Council shall have the following duties, in addition to the
duties specified in other sections of this subpart:
(a) Administer this subpart in accordance with the terms and
provisions of this subpart;
(b) Make rules and regulations to effectuate the terms and
provisions of this subpart;
(c) Appoint members of the Council to serve on the executive
committee, as provided in Sec. 1208.37;
(d) Employ such persons as the Council determines are necessary, and
set the compensation and define the duties of the persons;
(e) Develop budgets for the implementation of this subpart and
submit the budgets to the Secretary for approval, and propose and
develop (or receive and evaluate), approve, and submit to the Secretary
for approval plans and projects for cut flowers and greens promotion,
consumer information, or related research;
(f) Implement plans and projects for cut flowers and greens
promotion, consumer information, or related research, or contract or
enter into agreements with appropriate persons to implement the plans
and projects and pay the costs of the implementation of contracts and
agreements with funds received under this subpart;
(g) Keep minutes, books, and records which clearly reflect all of
the acts and transactions of the Council. Minutes of all meetings shall
be promptly provided to the Secretary;
(h) Evaluate ongoing and completed plans and projects for cut
flowers and greens promotion, consumer information, or related research;
(i) Receive, investigate, and report to the Secretary complaints of
violations of this subpart and direct that the staff of the Council
periodically review the list of importers of cut flowers and greens
provided by the Customs Service to determine whether persons on the list
are subject to this subpart;
(j) Recommend to the Secretary amendments to this subpart;
(k) Invest, pending disbursement under a plan or project, funds
collected through assessments only in: Obligations of the United States
or any agency of the United States, general obligations of any State or
any political subdivision of a State, any interest-bearing account or
certificate of deposit of a bank that is a member of the Federal Reserve
System, or obligations fully guaranteed as to principal and interest by
the United States. Income from any such invested funds may be used only
for a purpose for which the invested funds may be used.
(l) Prepare and submit to the Secretary such reports as may be
prescribed for appropriate accounting with respect to the receipt and
disbursement of funds entrusted to the Council monthly, or at such times
as prescribed by the Secretary. Monthly financial statements shall be
submitted to the Department and shall include at least:
(1) A balance sheet, and
(2) An expense budget comparison showing expenditures during the
month, year-to-date expenditures, and an unexpended budget. Upon
request, a summary of checks issued by the Council is to be made
available. Reports shall be submitted within 30 days after the end of
each month.
(m) To cause the books of the Council to be audited by an
independent certified public accountant at the end of each fiscal
period, and at such other times as the Council or the Secretary may deem
necessary. The report of each audit shall show the receipt and
expenditure of funds collected pursuant to this part, and shall be
submitted to the Secretary.
(n) To give the Secretary the same notification, written or oral, as
provided to Council members concerning all conference calls and
meetings, including executive, advisory, subcommittee, and other
meetings related to Council matters, and to grant the Secretary access
to all such calls and meetings;
(o) To follow the Department's equal opportunity/civil rights
policies; and
(p) Provide the Secretary such information as the Secretary may
require.
[[Page 69]]
Sec. 1208.41 Budgets and expenses
(a) The Council shall promptly adopt and forward to the Secretary
for approval its determination of the beginning and ending dates of an
annual fiscal period to be used by the Council for budgeting and
accounting purposes.
(b) The Council shall submit annual budgets of its anticipated
expenses and disbursement in the administration of this subpart,
including the projected costs for the promotion of cut flowers and
greens, consumer information, and related research plans and projects to
the Secretary for approval. The first budget, which shall be submitted
promptly after the effective date of this subpart, shall cover such
period as may remain before the beginning of the next fiscal year. If
such fiscal period is 90 days or less, the first budget shall cover such
period, as well as the next fiscal year. Thereafter, the Council shall
submit budgets for each succeeding fiscal year not less than 30 days
before the beginning of such fiscal year.
(c) The Council is authorized to incur such expenses (including
provision for a reasonable reserve for operating contingencies) as the
Secretary finds are reasonable and likely to be incurred by the Council
for its maintenance and functioning and to enable it to exercise its
powers and perform its duties in accordance with this subpart. Expenses
authorized in this paragraph shall be paid from assessments collected
pursuant to Sec. 1208.50, or other funds available to the Council.
(d) The Council shall reimburse the Secretary, from assessments
collected pursuant to Sec. 1208.50, or from other funds available to the
Council, for administrative costs incurred by the Department to carry
out its responsibilities pursuant to this subpart after December 29,
1994.
(e) The Council shall establish an interest-bearing escrow account
with a bank that is a member of the Federal Reserve System and shall
deposit in such account an amount equal to the percentage determined by
the Council to be held in reserve for the payment of refunds pursuant to
Sec. 1208.54.
(f) The Council may, with the approval of the Secretary, borrow
money for the payment of administrative expenses, subject to the same
fiscal, budget, and audit controls as other funds of the Council.
Sec. 1208.42 Plans, projects, budgets, and contracts.
The Council shall develop and implement plans and projects for the
promotion of, and the dissemination of information about, cut flowers
and greens, as well as for research related to cut flowers and greens in
accordance with the following:
(a) The Council shall develop, or contract for the development of,
plans and projects for advertising, sales promotion, other promotion,
and for dissemination of consumer information, with respect to cut
flowers and greens, and may disburse such funds as necessary for these
purposes after such plans or projects have been submitted to, and
approved by, the Secretary. Any such plan or project shall be directed
toward increasing the general demand for cut flowers and greens and
shall not make reference to a private brand or trade name, point of
origin, or source of supply, except that the Council may offer such
plans and projects of the Council for use by commercial parties such as
local, regional, State, or national floral industry organizations, and
then only under terms and conditions prescribed by the Council and
approved by the Secretary. No plan or project may make use of unfair or
deceptive acts or practices with respect to quality or value.
(b) The Council shall develop, or contract for the development of,
plans and projects for research on the development of both established
and new markets for cut flowers and greens and for research with respect
to postharvest physiology, distribution, sale, marketing, use, and
promotion of cut flowers and greens, as well as the dissemination of
consumer information concerning cut flowers and greens. The Council is
authorized to develop, or contract for the development of, such plans
and projects for other research with respect to the marketing,
promotion, and dissemination of information about cut flowers and greens
as it finds appropriate. The Council may disburse such funds as
necessary for these purposes after such plans or projects
[[Page 70]]
have been submitted to, and approved by, the Secretary.
(c) The Council shall submit to the Secretary, for approval before
implementation, any contracts for development of plans and projects, as
well as such plans and projects as may be developed by or approved by
the Council for advertising, promotion, dissemination of information,
and research. All such submissions to the Secretary shall be accompanied
by a proposed budget showing the estimated expense to be incurred and
the availability of revenue from which such expense may be paid. On
approval of any such submission, the Council may proceed with the
contract, plan or project and incur the expenses necessary to carry it
out. Contracts or agreements to be submitted to the Secretary and
entered into if approved by the Secretary shall, among such other
matters as may be required, provide that:
(1) The contracting or agreeing party shall develop and submit to
the Council a plan or project, together with a budget that includes the
estimated costs to be incurred for the plan or project;
(2) The plan or project shall become effective on the approval of
the Secretary; and
(3) The contracting or agreeing party shall:
(i) Keep accurate records of all of the transactions of the party;
(ii) Account for funds received and expenses;
(iii) Make periodic reports to the Council of activities conducted;
and
(iv) Make such other reports as the Council or the Secretary may
require.
(d) The Council, from time to time, may seek advice from and consult
with experts from the production, import, wholesale, and retail segments
of the cut flowers and greens industry to assist in the development of
promotion, consumer information, and related research plans and
projects. For these purposes, the Council may appoint special committees
composed of persons other than Council members. A committee so appointed
may not provide advice or recommendations to a representative of an
agency, or an officer, of the Federal Government, and shall consult
directly with the Council.
Sec. 1208.43 Other contracts and agreements.
The Council may enter into contracts or agreements for
administrative services, including contracts of employment, as may be
required to conduct its business in accordance with such fiscal period
budgets as may have been approved by the Secretary. To the extent
appropriate to the contract involved, contracts entered into by the
Council under the authority of this section shall contain provisions
comparable to those described in Sec. 1208.42(c).
Assessments
Sec. 1208.50 Assessments.
(a) Each qualified handler, as defined in Sec. 1208.16, shall pay to
the Council an assessment in an amount determined in accordance with
this subpart, on each sale of cut flowers and greens to a retailer or an
exempt handler (as defined in Sec. 1208.8) and on each non-sale transfer
of cut flowers and greens to a retailer by a qualified handler that is a
distribution center; as well as each direct sale of cut flowers and
greens to a consumer by a producer that is a qualified handler, or by an
importer that is a qualified handler. Such assessments shall be remitted
by each qualified handler to the Council or its agent within 60 days
after the end of the month in which the sale or non-sale transfer
subject to assessment under this subpart took place. Such assessments
shall be paid at the following rates:
(1) During the first three years after December 29, 1994.
(i) Except as provided in paragraph (a)(1)(ii) of this section, the
rate shall be one-half of 1 (0.5) percent of the gross sales price of
the cut flowers and greens sold;
(ii) In the case of non-sale transfers to a retailer by a qualified
handler that is a distribution center and in the case of direct sales by
importers or producers, the rate shall be one-half of 1 (0.5) percent of
the amount of each transaction's valuation for assessment as provided in
paragraph (b);
[[Page 71]]
(2) After the first three years from December 29, 1994, the uniform
assessment rate may be increased or decreased annually by not more than
one-quarter of 1 (0.25) percent of the gross sales price of a product
sold; or in the case of other transactions the amount of such
transactions, except that the assessment rate may not exceed 1 percent
of the gross sales price or the transaction amount. Changes in the rate
of assessment may only be made if such changes are adopted by a two-
thirds majority vote of the Council and approved by the Secretary (after
public notice and opportunity for comment as provided in the Act) as
being necessary to carry out the objectives of the Act. Any such change
so approved by the Secretary may be put into effect without a referendum
but shall be announced not less than 30 days prior to the beginning of a
fiscal year.
(b) Each non-sale transfer of cut flowers and greens to a retailer
from a qualified handler that is a distribution center shall be treated
as a sale of cut flowers and greens to a retailer and shall be
assessable. Each direct sale of cut flowers and greens to a consumer by
a producer who is a qualified handler or an importer who is a qualified
handler shall be assessable. These transactions shall be determined to
have the following valuations for assessment purposes:
(1) In the case of a non-sale transfer of cut flowers and greens
from a distribution center that is a qualified handler and each direct
sale of cut flowers and greens to a consumer by an importer that is a
qualified handler, the amount of the valuation of the cut flowers and
greens for assessment purposes shall be the price paid by the
distribution center or importer to acquire the cut flowers and greens,
and determined by multiplying the acquisition price by a uniform factor
of 1.43 to represent the markup of a wholesale handler on a sale to a
retailer.
(2) In the case of a direct sale to a consumer by a producer who is
a qualified handler, the valuation of the cut flowers and greens for
assessment purposes shall be equal to an amount determined by
multiplying the price paid by the consumer by a uniform factor of 0.50
to represent the cost of producing the article and the markup of a
wholesale handler on a sale to a retailer.
(3) The Council may consider and adopt changes in the uniform
factors specified in paragraphs (b) (1) and (2) of this section. Any
such change shall not become effective until it has been adopted by a
majority vote of the Council and approved by the Secretary after public
notice and opportunity to comment on such change as provided in the Act.
Changes so adopted and approved shall become effective at the beginning
of the next fiscal year.
(c) The collection of assessments shall commence on or after a date
established by the Secretary, and shall continue until terminated by the
Secretary. If the Council is not constituted on the date the first
assessments are to be remitted, the Secretary shall have the authority
to receive assessments on behalf of the Council and may hold such
assessments in an interest bearing account until the Council is
constituted, and the funds may be transferred to the Council.
(d) Assessments shall be determined on the basis of the gross sales
price. The Council, with the approval of the Secretary, may make uniform
adjustments in determining the gross sales price when such adjustments
reflect changes in trade practices or ensure equitable treatment of all
qualified handlers paying assessments.
(e) No assessments may be levied on any sale of cut flowers and
greens for export from the United States. The Council is authorized to
establish procedures for the verification of exports.
(f) In general, assessment funds (less refunds, if any) shall be
used:
(1) For payment of costs incurred in implementing and administering
this subpart;
(2) To provide for a reasonable reserve to be maintained from
assessments to be available for contingencies; and
(3) To cover the administrative costs incurred by the Secretary in
implementing and administering this Act.
Note to Sec. 1208.50: The requirement to pay assessments is
terminated as of July 29, 1997.
[59 FR 67143, Dec. 29, 1994, as amended at 62 FR 40257, July 28, 1997]
[[Page 72]]
Sec. 1208.51 Influencing governmental action.
No funds collected by the Council shall in any manner be used for
the purpose of influencing legislation or government action or policy,
except to develop and recommend to the Secretary amendments to this
subpart.
Sec. 1208.52 Charges for late payments.
Any assessment due the Council pursuant to Sec. 1208.50 that is not
paid on time shall be increased 1.5 percent each month it remains unpaid
beginning with the day following the date such assessment was due. If
not paid in full, any remaining amount due, which shall include any
unpaid charges previously made pursuant to this section, shall be
increased at the same rate on the corresponding day of each month
thereafter until paid. For the purpose of this section, any assessment
that was determined at a date later than prescribed by this subpart
because of a failure to submit a report when due shall be considered to
have been payable by the date it would have been due if the report had
been filed when due. The timeliness of a payment to the Council shall be
based on the applicable postmark date or the date actually received by
the Council, whichever is earlier.
Sec. 1208.53 Adjustment of accounts.
Whenever the Council or the Secretary determines through an audit of
a person's reports, records, books, or accounts or through some other
means that additional money is due the Council or that money is due such
person from the Council, such person shall be notified of the amount
due. The person shall then remit any amount due the Council by the next
date for remitting assessments. Overpayments shall be credited to the
account of the person remitting the overpayment and shall be applied
against amounts due in succeeding months.
Sec. 1208.54 Refunds of assessments and escrow account.
(a) Any qualified handler may demand and receive from the escrow
account, subject to the limitation on such payments provided in
paragraph (c), a one-time refund of any assessments paid by or on behalf
of the handler if the handler requests the refund before the initial
referendum on this subpart is held and this subpart is rejected by the
voters when it is submitted to the referendum. Such a refund will be
paid only if all of the following conditions are met:
(1) The handler has paid the assessments sought to be refunded and
has submitted proof of such payment;
(2) The handler does not support the program established under this
subpart and so states in the handler's demand for a refund;
(3) The handler's demand for a refund is made on a form specified by
the Council and filed not less than 10 days prior to the date when the
initial referendum, conducted pursuant to Sec. 1208.60(a) to ascertain
whether this subpart shall remain in effect, is scheduled to begin; and
(4) This subpart is not approved by a simple majority of the votes
cast by qualified handlers in the initial referendum.
(b) The Council shall establish an escrow account to be used for
assessment refunds, as needed, and shall place into the account an
amount equal to 10 percent of the total amount of assessments collected
during the period beginning on December 29, 1994 and ending on the date
the results of the initial referendum are issued and the initial
referendum is completed.
(c) If the amount in the escrow account is not sufficient to refund
the total amount of assessments demanded by all qualified handlers
determined eligible for refunds and this subpart is not approved in the
referendum, the Council shall prorate the amount of all such refunds
among all eligible qualified handlers that demand the refund. If there
is any amount in excess of the amount needed to pay refunds and
expenses, it shall be returned pro rata to those who paid assessments.
If this subpart is approved in the referendum, there shall be no refunds
made, and all funds in the escrow account shall be returned to the
Council for use by the Council in accordance with the other provisions
of this subpart.
[[Page 73]]
Sec. 1208.55 Postponement of collections.
(a) The Council may grant a postponement of the payment of an
assessment under this subpart for any qualified handler that establishes
that it is financially unable to make the payment. In order that a
qualified handler that is financially unable to pay an assessment may
have the opportunity to petition the Council to postpone payment of such
an assessment, as provided in the Act, the Council shall develop forms
and procedures for this purpose as expeditiously as possible and submit
them to the Secretary for approval and issuance after notice and an
opportunity for public comment thereon. Such procedures shall, among
other things, require that the handler demonstrate the handler's
inability to pay through the submission of an opinion prepared by an
independent certified public accountant (at the handler's expense) and
any other documentation specified therein to the effect that the handler
is insolvent or will be unable to continue to operate if the handler is
required to pay the assessment when due.
(b) The procedures for obtaining a postponement of payment to be
developed by the Council for submission to the Secretary shall also
include provisions with respect to the period of postponement, the
conditions of payment that may be imposed and the basis, if any, on
which further extensions of the time for payment will be granted so as
to appropriately reflect the demonstrated needs of the qualified
handler.
Sec. 1208.56 Determinations.
(a) The Council is authorized to make the determinations required by
this subpart as to the status of persons as qualified handlers and
exempt handlers including determinations of the status of persons as
qualified wholesale handlers, distribution centers that are qualified
handlers, producers that are qualified handlers, importers that are
qualified handlers, as well as such other determinations of status and
facts as may be required for the effective administration of this
subpart. Based on such determinations, the Council from time to time
shall publish lists of exempt handlers who are not required to pay
assessments, and lists of qualified handlers who are required to pay
assessments under this subpart.
(b) For the purpose of applying the $750,000 annual sales limitation
to a specific person in order to determine the status of the person as a
qualified handler or an exempt handler or to a specific facility in
order to determine the status of the facility as an eligible separate
facility for the purpose of referenda, the Council is authorized to
determine the annual sales volume of a person or facility.
(c) Any such determination shall be based on the sales of cut
flowers and greens by the person or facility during the most recently-
completed calendar year, except that in the case of a new business or
other operation for which complete data on sales during all or part of
the most recently-completed calendar year are not available to the
Council, the determination may be made using an alternative time period
or other alternative procedures as the Council may find appropriate. In
making such determinations, the Council is authorized to make
attributions in accordance with paragraphs (c) (1) through (4) of this
section and for the purpose of determining the annual sales volume of a
person or a separate facility of a person, sales attributable to a
person shall include:
(1) In the case of an individual, sales attributable to the spouse,
children, grandchildren, parents, and grandparents of the person;
(2) In the case of a partnership or member of a partnership, sales
attributable to the partnership and other partners of the partnership;
(3) In the case of an individual or a partnership, sales
attributable to any corporation or other entity in which the individual
or partnership owns more than 50 percent of the stock or (if the entity
is not a corporation) that the individual or partnership controls; and
(4) In the case of a corporation, sales attributable to any
corporate subsidiary or other corporation or entity in which the
corporation owns more than 50 percent of the stock or (if the entity is
not a corporation) that the corporation controls.
[[Page 74]]
(d) The Council is also authorized to attribute any stock ownership
interest as may be required to carry out this subpart. In doing so a
stock ownership interest in the entity that is owned by the spouse,
children, grandchildren, parents, grandparents, or partners of an
individual, or by a partnership in which a person is a partner, or by a
corporation more than 50 percent of the stock of which is owned by a
person, shall be treated as owned by the individual or person.
(e) For the purpose of this subpart, the Council, with the approval
of the Secretary, may require a person who sells cut flowers and greens
to retailers to submit reports to the Council on annual sales by the
person and on stock ownership.
Suspension or Termination
Sec. 1208.60 Suspension and termination.
If the Secretary finds that this subpart, or any provision of this
subpart, obstructs or does not tend to effectuate the policy of the Act,
the Secretary shall terminate or suspend the operation of this subpart
or the provision of this subpart under such terms as the Secretary
determines are appropriate. Such termination or suspension shall not be
considered an order within the meaning of such term in the Act.
Sec. 1208.61 Proceedings after termination.
(a) Upon the termination of this subpart, the Council shall
recommend not more than five of its members to the Secretary to serve as
trustees for the purpose of liquidating the assets of the Council. Such
persons, upon designation by the Secretary, shall become trustees of all
the funds and property owned, in the possession of, or under the control
of the Council, including any claims unpaid or property not delivered,
or any other claim existing at the time of such termination.
(b) The trustees shall:
(1) Continue in such capacity until discharged by the Secretary;
(2) Carry out the obligations of the Council under any contract or
agreement entered into by it under this subpart;
(3) Make refunds from the escrow account to those persons who
applied for refunds of assessments paid and who are eligible to receive
such refunds. Such refunds shall be made within 30 days after the
referendum results are issued.
(4) From time to time account for all receipts and disbursements,
and deliver all property on hand, together with all books and records of
the Council and of the trustees, to such persons as the Secretary may
direct; and
(5) Upon the request of the Secretary, execute such assignments or
other instruments necessary or appropriate to vest in such persons full
title and right to all of the funds, property, and claims vested in the
Council or the trustees under this subpart.
(c) Any person to whom funds, property, or claims have been
transferred or delivered under this subpart shall be subject to the same
obligations imposed upon the Council and upon the trustees.
(d) Any residual funds not required to defray the necessary expenses
of liquidation shall be turned over to the Secretary to be used, to the
extent practicable, in the interest of continuing one or more of the
promotion, research, consumer information, or industry information
programs, plans, or projects authorized under this subpart.
Sec. 1208.62 Effect of termination or amendment.
Unless otherwise expressly provided by the Secretary, the
termination of this subpart or of any regulation or rule issued under
this subpart, or the issuance of any amendment to such provisions, shall
not:
(a) Affect or waive any right, duty, obligation, or liability that
shall have arisen or may hereafter arise in connection with any
provision of this subpart or any such regulation or rule;
(b) Release or extinguish any violation of this subpart or any such
regulation or rule; or
(c) Affect or impair any rights or remedies of the United States,
the Secretary, or any person with respect to any such violation.
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Reports, Books, and Records
Sec. 1208.70 Books, records, reports, cost control, and audits of the Council.
(a) The Council shall maintain the books and records that the
Secretary may require to account for the receipt and disbursement of all
funds entrusted to the Council in accordance with the provisions of this
subpart, and shall prepare and submit to the Secretary, from time to
time as prescribed by the Secretary, all reports that the Secretary may
require.
(b) The Council shall, as soon as practicable after December 29,
1994 and after consultation with the Secretary and other appropriate
persons, implement a system of cost controls based on normally accepted
business practices that will ensure that the annual budgets of the
Council include only amounts for administrative expenses that cover the
minimum administrative activities and personnel needed to properly
administer and enforce this subpart, and conduct, supervise, and
evaluate plans and projects under this subpart.
(c) The Council shall cause the books and records of the Council to
be audited by an independent certified public accountant at the end of
each fiscal year. All audits must be performed in accordance with either
standards issued by the American Institute of Certified Public
Accountants or by the General Accounting Office. A report of each audit
shall be submitted to the Secretary.
Sec. 1208.71 Reports, books, and records of persons subject to this subpart.
(a) Each qualified handler shall prepare and file reports containing
such information as may be required by the Council with the approval of
the Secretary. Such information shall include:
(1) Data showing the volume of sales and non-sale transfers of cut
flowers and greens made during the reporting period;
(2) The amount of the assessment on such sales or non-sale
transfers; and
(3) Any other data that may be required by the Council with the
approval of the Secretary.
(b) Each person subject to this subpart shall maintain and make
available for inspection by agents of the Council and the Secretary such
books and records as are determined by the Council with the approval of
the Secretary, as necessary to carry out the provisions of this subpart
and the regulations issued hereunder, including such records as are
necessary to verify any reports required. Such records shall be retained
for at least two years beyond the fiscal period of their applicability.
Sec. 1208.72 Confidential treatment.
(a) Information obtained from books, records, or reports required to
be maintained or filed under the Act and this subpart shall be kept
confidential by all persons, including agents and former agents of the
Council, all officers and employees and all former officers and
employees of the Department, and by all officers and employees and all
former officers and employees of contracting agencies having access to
such information, and shall not be available to Council members. Only
those persons having a specific need for such information to effectively
administer the provisions of this subpart shall have access to such
information. In addition, only such information so furnished or acquired
as the Secretary deems relevant shall be disclosed by them, and then
only in a suit or administrative hearing brought at the discretion, or
upon the request, of the Secretary, or to which the Secretary or any
officer of the United States is a party, and involving this subpart.
Nothing in this paragraph shall be deemed to prohibit:
(1) The issuance of general statements, based upon the reports, of
the number of persons subject to this subpart or statistical data
collected from such reports, which statements do not identify the
information furnished by any such persons, and
(2) The publication, by direction of the Secretary, of the name of
any individual, group of individuals, partnership, corporation,
association, cooperative, or other entity that has been adjudged to have
violated this subpart, together with a statement of the particular
provisions of the subpart so violated.
[[Page 76]]
(b) No information on how a person voted in a referendum conducted
under the Act shall be made public.
Miscellaneous
Sec. 1208.80 Right of the Secretary.
All fiscal matters, programs or projects, by-laws, rules or
regulations, reports, or other substantive actions proposed and prepared
by the Council shall be submitted to the Secretary for approval.
Sec. 1208.81 Personal liability.
No member or employee of the Council shall be held personally
responsible, either individually or jointly, in any way whatsoever, to
any person for errors in judgement, mistakes, or other acts of either
commission or omission of such member or employee under this subpart,
except for acts of dishonesty or willful misconduct.
Sec. 1208.82 Patents, copyrights, inventions, publications, and product formulations.
Any patents, copyrights, inventions, publications, or product
formulations developed through the use of funds received by the Council
under this subpart shall be the property of the United States Government
as represented by the Council and shall, along with any rents,
royalties, residual payments, or other income from the rental, sale,
leasing, franchising, or other uses of such patents, copyrights,
inventions, publications, or product formulations, inure to the benefit
of the Council. Upon termination of this subpart, Sec. 1208.61 shall
apply to determine disposition of all such property.
Sec. 1208.83 Amendments.
Amendments to this subpart may be proposed, from time to time, by
the Council or by any interested person affected by the provisions of
the Act, including the Secretary.
Sec. 1208.84 Separability.
If any provision of this subpart is declared invalid, or the
applicability thereof to any person or circumstances is held invalid,
the validity of the remainder of this subpart or the applicability
thereof to other persons or circumstances shall not be affected thereby.
Sec. 1208.85 OMB control numbers.
The control number assigned to the information collection
requirements by the Office of Management and Budget pursuant to the
Paperwork Reduction Act of 1980, Public Law 96-511, is OMB number 0581-
0096, except Council member nominee information sheets are assigned OMB
number 0505-0001.
Subpart B--Rules and Regulations
Source: 61 FR 30501, June 17, 1996, unless otherwise noted.
Definitions