Title 7--AGRICULTURE
Chapter IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and


Marketing Orders Sec. 900.1 Words in the singular form. Authority: 7 U.S.C. 610. Words in this subpart in the singular form shall be deemed...


and Marketing Orders Sec. 900.2 Definitions. As used in this subpart, the terms as defined in the act shall apply with equal force and effect. In...


Marketing Orders Sec. 900.3 Proposals. (a) A marketing agreement or a marketing order may be proposed by the Secretary or by any other person. If any...


and Marketing Orders Sec. 900.4 Institution of proceeding. (a) Filing and contents of the notice of hearing. The proceeding shall be instituted by filing...


Marketing Orders Sec. 900.5 Docket number. Each proceeding, immediately following its institution, shall be assigned a docket number by the hearing...


Marketing Orders Sec. 900.6 Judges. (a) Assignment. No judge who has any pecuniary interest in the outcome of a proceeding shall serve as judge in...


Marketing Orders Sec. 900.7 Motions and requests. (a) General. All motions and requests shall be filed with the hearing clerk, except that those made...


and Marketing Orders Sec. 900.8 Conduct of the hearing. (a) Time and place. The hearing shall be held at the time and place fixed in the notice of...


and Marketing Orders Sec. 900.9 Oral and written arguments. (a) Oral argument before judge. Oral argument before the judge shall be in the discretion of...


and Marketing Orders Sec. 900.10 Certification of the transcript. The judge shall notify the hearing clerk of the close of a hearing as soon as...


and Marketing Orders Sec. 900.11 Copies of the transcript. (a) During the period in which the proceeding has an active status in the Department, a copy of...


and Marketing Orders Sec. 900.12 Administrator's recommended decision. (a) Preparation. As soon as practicable following the termination of the...


and Marketing Orders Sec. 900.13 Submission to Secretary. Upon the expiration of the period allowed for filing exceptions or upon request of the...


and Marketing Orders Sec. 900.13a Decision by Secretary. After due consideration of the record, the Secretary shall render a decision. Such decision...


and Marketing Orders Sec. 900.14 Execution and issuance of marketing agreements and marketing orders. (a) Execution and issuance of marketing agreement....


and Marketing Orders Sec. 900.15 Filing; extensions of time; effective date of filing; and computation of time. (a) Filing, number of copies. Except as...


and Marketing Orders Sec. 900.16 Ex parte communications. (a) At no stage of the proceeding following the issuance of a notice of hearing and prior to...


and Marketing Orders Sec. 900.17 Additional documents to be filed with hearing clerk. In addition to the documents or papers required or authorized by...


and Marketing Orders Sec. 900.18 Hearing before Secretary. The Secretary may act in the place and stead of a judge in any proceeding under this subpart....


Marketing Orders Sec. 900.50 Words in the singular form. Authority: 7 U.S.C. 608c. Words in this subpart in the singular form shall be deemed...


From Marketing Orders Sec. 900.51 Definitions. As used in this subpart, the terms as defined in the act shall apply with equal force and effect. In...


From Marketing Orders Sec. 900.52 Institution of proceeding. (a) Filing and service of petition. Any handler desiring to complain that any marketing order...


Marketing Orders Sec. 900.52a Answer to petition. (a) Time of filing. Within 30 days after the filing of the petition, the Administrator shall file...


Marketing Orders Sec. 900.52b Amended pleadings. At any time before the close of the hearing the petition or answer may be amended, but the hearing...


Marketing Orders Sec. 900.53 Withdrawal of petition. If, at any time after the petition is filed, the petitioner desires to withdraw the same, he shall...


Marketing Orders Sec. 900.54 Docket number. Each proceeding, immediately following its institution, shall be assigned a docket number by the hearing...


Marketing Orders Sec. 900.55 Judges. (a) Assignment. No judge who has any pecuniary interest in the outcome of the proceeding, or who has participated in...


Marketing Orders Sec. 900.56 Consolidated hearings. At the discretion of the judge, hearings upon two or more petitions pertaining to the same order may...


Marketing Orders Sec. 900.57 Intervention. Intervention in proceedings subject to this subpart shall not be allowed, except that, in the discretion of...


From Marketing Orders Sec. 900.58 Prehearing conferences. In any proceeding in which it appears that such procedure will expedite the proceeding, the judge,...


Marketing Orders Sec. 900.59 Motions and requests. (a) General. (1) All motions and requests shall be filed with the hearing clerk, except that those...


From Marketing Orders Sec. 900.60 Oral hearings before judge. (a) Time and place. The judge shall set a time and place for hearing and shall file with...


From Marketing Orders Sec. 900.61 Depositions. (a) Procedure in lieu of deposition. Before any party may have testimony taken by deposition, said party...


Marketing Orders Sec. 900.62 Subpenas. (a) Issuance of subpenas. The attendance of witnesses and the production of documentary evidence from any place in...


From Marketing Orders Sec. 900.63 Fees and mileage. Witnesses who are subpenaed and who appear in such proceeding, including witnesses whose depositions...


Marketing Orders Sec. 900.64 The Judge's decision. (a) Corrections to and certification of transcript. (1) At such time as the judge may specify, but...


From Marketing Orders Sec. 900.65 Appeals to Secretary: Transmittal of record. (a) Filing of appeal. Any party who disagrees with a judge's decision or...


Marketing Orders Sec. 900.66 Consideration of appeal by the Secretary and issuance of final order. (a) Consideration of appeal. As soon as practicable...


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


From Marketing Orders Sec. 900.69 Filing; service; extensions of time; effective date of filing; and computation of time. (a) Filing; number of copies....


Marketing Orders Sec. 900.70 Applications for interim relief. (a) Filing the application. A person who has filed a petition pursuant to Sec. 900.52 may...


Marketing Orders Sec. 900.71 Hearing before Secretary. The Secretary may act in the place and stead of a judge in any proceeding hereunder. When he so...


Pursuant to 7 U.S.C. 608b(b) and 7 U.S.C. 608e Covering Fruits, Vegetables, and Nuts Sec. 900.80 Words in the singular form. Authority: 7...


Pursuant to 7 U.S.C. 608b(b) and 7 U.S.C. 608e Covering Fruits, Vegetables, and Nuts Sec. 900.81 Definitions. As used in this subpart, the...


Pursuant to 7 U.S.C. 608b(b) and 7 U.S.C. 608e Covering Fruits, Vegetables, and Nuts Sec. 900.82 Stipulation procedures. The Administrator, or...


of Milk or Its Products Sec. 900.100 Words in the singular form. Authority: Sec. 3, 50 Stat. 248; 7 U.S.C. 671. Words in this subpart in the...


Sales of Milk or Its Products Sec. 900.101 Definitions. As used in this subpart, the terms as defined in the act shall apply with equal force and effect....


of Milk or Its Products Sec. 900.102 Filing of applications for mediation or arbitration. All applications for mediation or arbitration, all submissions, and...


of Milk or Its Products Sec. 900.103 Application for mediation. An application for mediation by a cooperative, shall be in writing and shall include the...


of Milk or Its Products Sec. 900.104 Inquiry by the Administrator. Upon receipt of an application for mediation, the Administrator, through such officers...


Sales of Milk or Its Products Sec. 900.105 Notification. The Administrator, acting on behalf of the Secretary will notify the applicant as to whether he...


of Milk or Its Products Sec. 900.106 Assignment of mediator. The Director of the Division shall assign a mediator, from the group designated by the...


of Milk or Its Products Sec. 900.107 Meetings. All meetings held pursuant to Sec. Sec. 900.103 to 900.109 shall be held with and under the direction of...


of Milk or Its Products Sec. 900.108 Mediator's report. The mediator, upon the completion of mediation proceedings, shall submit to the Administrator a...


of Milk or Its Products Sec. 900.109 Mediation agreement. An agreement arrived at by mediation shall not become effective until approved by the Secretary, and...


of Milk or Its Products Sec. 900.110 Application for arbitration. An application for arbitration by a cooperative shall be in writing and shall contain...


of Milk or Its Products Sec. 900.111 Inquiry by the Administrator. Upon receipt of an application for arbitration, the Administrator, through such officers...


of Milk or Its Products Sec. 900.112 Notification. The Administrator, acting on behalf of the Secretary, within a reasonable time after the receipt of...


Sales of Milk or Its Products Sec. 900.113 Submission. (a)(1) Within a reasonable time after the receipt of the Administrator's consent to arbitrate, the parties...


of Milk or Its Products Sec. 900.114 Designation of arbitrator. The Administrator, after receiving the submission, will designate one or more persons to act...


of Milk or Its Products Sec. 900.115 Hearing. (a) The arbitrator shall have full discretion to conduct the hearing in such manner as will, in his opinion,...


of Milk or Its Products Sec. 900.116 Award. (a) An award shall be made within ten days after the close of the hearing. (1) The award shall be in...


of Milk or Its Products Sec. 900.117 Approval of award. The award shall not become effective until approved by the Secretary, and the Secretary will not...


of Milk or Its Products Sec. 900.118 Costs. The parties jointly shall pay for the stenographic record. A copy of the record shall be furnished by the parties...


Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610. As used in this subpart, the terms as defined in the Act shall apply with equal force and effect. In...


alleged violations. Whenever the Administrator has reason to believe that any handler has violated, or is violating, the provisions of any marketing order, he...


All information in the possession of any official which relates to the business or property of any person, and which was furnished by, or obtained from, such...


who shall have violated the provisions of Sec. 900.210 by wilfully divulging, disclosing, or making public any information acquired by or furnished to or in the possession...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.300 General. Authority: Secs. 1-19, 48 Stat. 31,...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.301 Definitions. As used in this subpart and in...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.302 Associations eligible to vote. (a) Any...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.303 Conduct of referendum. The referendum shall...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.304 Who may vote. (a) Each producer shall...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.305 Duties of referendum agent. The referendum...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.306 Notice of the referendum. (a) The referendum...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.307 Time for voting. There shall be no voting...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.308 Tabulation of ballots. (a) General....


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.309 Confidential information. The ballots cast,...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.310 Supplementary instructions. The Administrator...


To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.311 Submittals or requests. Interested persons...


Sec. 900.350 General statement. Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674. Source: 32 FR 9821, July 6, 1967,...


Sec. 900.351 Applications for qualification. Any association of producers may apply for determinations as to whether it is a qualified...


Sec. 900.352 Confidential information. The documents and other information submitted by an applicant association and otherwise obtained...


Marketing Associations Sec. 900.353 Qualification standards. Statutory requirements for qualification of coopertive associations are provided in subsections (5)...


Sec. 900.354 Inspection and investigation. The Secretary of Agriculture, or his duly authorized representative, shall have the right, at any...


Sec. 900.355 Annual reporting. Determinations of qualification for privileges and exemptions are subject to amendment, termination or suspension...


Sec. 900.356 Listing of qualified associations. A copy of each determination of qualification is furnished to the respective association. Copies...


Marketing Associations Sec. 900.357 Denial of application; suspension or revocation of determination of qualification. Any cooperative association whose application...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.400 General. Authority: Secs. 1-19, 48 Stat. 31,...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.401 Definitions. (a) Act means Public Act No. 10,...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.402 Voting. (a) Each person who is a producer,...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.403 Instructions. The referendum agent shall...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.404 Subagents. The referendum agent may appoint...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.405 Ballots. The referendum agent and his...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.406 Referendum report. Except as otherwise directed,...


and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended Sec. 900.407 Confidential information. All ballots cast and...


U.S.C. 301, 552. Availability of Program Information, Staff Manuals and Instructions, and Related Material This subpart is issued...


(a) Facilities for public inspection and copying of the indexes and materials required to be made available under Sec. 1.2(a) of this title will be provided by AMS...


the regulations in Sec. 1.4(b) of this title, AMS will maintain and make available for public inspection and copying current indexes of all material required to be made available...


(a) Requests for records under 5 U.S.C. 552(a)(3) shall be made in accordance with Sec. 1.3(a) of this title. Authority to make determinations regarding initial requests in...


request under Sec. 900.503 above is denied shall have the right to appeal such denial in accordance with Sec. 1.3(e) of this title. Appeals shall be addressed to...


U.S.C. Ch. 35. This subpart shall contain such requirements as pertain to the information collection provisions under the Paperwork Reduction Act...


to the Paperwork Reduction Act. (a) Purpose. This section collects and displays the control numbers assigned to information collection requirements by the...


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


905.2 Act. Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of...


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


905.4 Fruit. Fruit means any or all varieties of the following types of citrus fruits grown in the production area: (a) Citrus sinensis, Osbeck, commonly...


905.5 Variety. Variety or varieties means any one or more of the following classifications or groupings of fruit: (a) Early and Midseason oranges and...


905.6 Producer. Producer is synonymous with grower and means any person who is engaged in the production for market of fruit in the production area and who has...


905.7 Handler. Handler is synonymous with shipper and means any person (except a common or contract carrier transporting fruit for another person) who, as...


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


905.9 Handle or ship. Handle or ship means: (a) To sell, consign, deliver, or transport fruit, or in any other way to place fruit in the current of...


905.10 Carton or standard packed carton. Carton or standard packed carton means a unit of measure equivalent to four-fifths (\4/5\) of a United States bushel of...


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


905.12 Committee. Committee means the Citrus Administrative Committee established pursuant to Sec. 905.19. [42 FR 59368, Nov....


905.13 District. (a) Citrus District One shall include the Counties of Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and Lake. (b) Citrus...


905.14 Redistricting. The committee may with the approval of the Secretary, redefine the districts into which the production area is divided or reapportion...


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


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


905.17 Production area. Production area means that portion of the State of Florida which is bounded by the Suwannee River, the Georgia border, the Atlantic...


905.18 Improved No. 2 grade and Improved No. 2 Bright grade. Improved No. 2 grade and Improved No. 2 Bright grade means grapefruit meeting all of the...


905.19 Establishment and membership. (a) There is hereby established a Citrus Administrative Committee consisting of at least eight but not more than nine...


905.20 Term of office. The term of office of members and alternate members shall begin on the first day of August and continue for one year and until...


905.21 Selection of initial members of the committee. The initial members of the Citrus Administrative Committee and their respective alternates shall be the...


905.22 Nominations. (a) Grower member. (1) The committee shall give public notice of a meeting of producers in each district to be held not later than July 10...


905.23 Selection. (a) From the nominations made pursuant to Sec. 905.22(a) or from other qualified persons, the Secretary shall select one member and...


905.27 Failure to nominate. In the event nominations for a member or alternate member of the committee are not made pursuant to the provisions of Sec. Sec....


905.28 Acceptance of membership. Any person selected by the Secretary as a member or alternate member of the committee shall qualify by filing a written...


905.29 Inability of members to serve. (a) An alternate for a member of the committee shall act in the place and stead of such member (1) in his absence, or (2) in...


905.30 Powers of the committee. The committee, in addition to the power to administer the terms and provisions of this subpart, as herein specifically provided,...


905.31 Duties of Citrus Administrative Committee. It shall be the duty of the Citrus Administrative Committee: (a) To select a chairman from its membership,...


905.33 Compensation and expenses of committee members. The members and alternate members of the Committee shall serve without compensation but may be reimbursed...


905.34 Procedure of committees. (a) Ten members of the committee shall constitute a quorum. (b) For any decision or recommendation of the committee to be...


905.35 Right of the Secretary. The members of the committee (including successors and alternates), and any agent or employee appointed or employed by the...


905.36 Funds. (a) All funds received by the committee pursuant to any provision of this subpart shall be used solely for the purposes herein specified...


905.40 Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred to carry out the functions...


905.41 Assessments. (a) Each handler who first handles fruit shall pay to committee, upon demand, such handler's pro rata share of the expenses which...


905.42 Handler's accounts. (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, the committee, with the approval of...


905.50 Marketing policy. (a) Before making any recommendations pursuant to Sec. 905.51 for any variety of fruit, the committee shall, with respect to...


905.51 Recommendations for regulation. (a) Whenever the committee deems it advisable to regulate any variety in the manner provided in Sec. 905.52, it shall give...


905.52 Issuance of regulations. (a) Whenever the Secretary shall find from the recommendations and reports of the committee, or from other available...


905.53 Inspection and certification. (a) Whenever the handling of a variety of a type of fruit is regulated pursuant to Sec. 905.52, each handler who handles...


905.70 Manifest report. The committee may request information from each handler regarding the variety, grade, and size of each standard packed carton of...


905.71 Other information. Upon request of the committee, made with the approval of the Secretary, every handler shall furnish the committee, in such manner and...


905.80 Fruit not subject to regulation. Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec. 905.52 and...


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


905.82 Effective time. The provisions of this subpart shall become effective on and after 12:01 a.m., e.s.t., September 1, 1946, and shall continue in force...


905.83 Termination. (a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release...


905.84 Proceedings after termination. (a) Upon the termination of the provisions of this part, the then functioning members of the committee shall continue as...


905.85 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon its termination, except...


905.86 Agents. The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or name any bureau or...


905.87 Derogation. Nothing contained in this part is, or shall be construed to be in derogation or in modification of the rights of the Secretary or of the...


905.88 Personal liability. No member or alternate of the committee nor any employee or agent thereof, shall be held personally responsible, either individually...


905.89 Separability. If any provision of this part is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid,...


905.105 Tangerine and grapefruit classifications. Source: 42 FR 59371, Nov. 17, 1977, unless otherwise noted. (a) Pursuant to Sec. 905.5(m), the...


905.114 Redistricting of citrus districts and reapportionment of grower members. Pursuant to Sec. 905.14, the citrus districts and membership allotted...


905.120 Nomination procedure. Meetings shall be called by the committee in accordance with the provisions of Sec. 905.22, for the purpose of making nominations...


905.140 Gift packages. Any handler may, without regard to the provisions of Sec. Sec. 905.52 and 905.53 and the regulations issued thereunder, ship any...


905.141 Minimum exemption. Any shipment of fruit which meets each of the following requirements may be transported from the production area during any one day by...


905.142 Animal feed. (a) The handling of citrus for animal feed shall be exempt from the provisions of Sec. Sec. 905.52 and 905.53 and the regulations...


905.145 Certification of certain shipments. Whenever a regulation pursuant to Sec. 905.52 restricts the shipment of a portion of a specified grade or size of...


905.146 Special purpose shipments. (a) A Special Purpose Shipper is one who handles Florida citrus fruit that is certified by a Florida Department of Agriculture...


905.147 Certificate of privilege. (a) Application. Application for Certificate of Privilege by a Special Purpose Shipper shall be made on forms furnished by...


905.148 Reports of special purpose shipments under certificates of privilege. (a) Each handler of citrus shipping under Certificates of Privilege shall supply...


905.149 Procedure for permitting growers to ship tree run citrus fruit. (a) Tree run citrus fruit. Tree run citrus fruit as referenced in this section is defined...


905.150 Eligibility requirements for public member and alternate member. (a) The public member shall be neither a producer nor a handler of Florida citrus fruit...


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


905.161 Repacking shipper. (a) A repacking shipper is a person who repacks and ships citrus fruit grown in the production area in Florida which has been...


905.162 Repacking certificate of privilege. (a) Application. Application for a repacking certificate of privilege by a repacking shipper shall be made on...


905.163 Reports of shipments under repacking certificate of privilege. (a) Each repacking shipper who handles citrus fruit under a repacking certificate of...


905.235 Assessment rate. On and after August 1, 2003, an assessment rate of $0.006 per 4/5 bushel carton or equivalent is established for assessable Florida...


905.306 Orange, Grapefruit, Tangerine and Tangelo Regulation. (a) During the period specified in column (2) of Table I, no handler shall ship between...


905.350 Red seedless grapefruit regulation. This section establishes the weekly percentages to be used to calculate each handler's weekly allotment of small...


905.400 Interpretation of certain provisions. (a) In interpreting the provisions of paragraph (d) of Sec. 905.52, the limitation on shipment of any variety...


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


906.2 Act. Act means Public Act No. 10, 73d Congress, as amended and as re- enacted [[Page 64]] and amended by the Agricultural...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR906.3] [Page 64] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 906_ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 906.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR906.4] [Page 64] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 906_ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 906.4 Production area. Production area means all territory in the counties of Cameron, Hidalgo, and Willacy in the State of Texas. ...


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


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


906.7 Handle. Handle or ship means to transport or sell fruit, or in any other way to place fruit, in the current of commerce between the production area and...


906.8 Producer. Producer means any person engaged in a proprietary capacity in the production of fruit for market. (a) Independent producer....


906.9 Grade and size. Grade means any one of the established grades of fruit and size means any one of the established sizes of fruit as defined and set forth...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR906.10] [Page 64] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 906_ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 906.10 Pack. Pack means the specific grade, quality, size, or arrangement of fruit in a particular container or containers. ...


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


906.12 Container. Container means any box, bag, crate, hamper, basket, package, bulk carton, or any other type of receptacle used in the...


906.13 Variety or varieties. Variety or varieties means any one or more of the following groupings or classifications of fruit: (a) Navel oranges; (b) Early...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR906.14] [Page 64] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 906_ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 906.14 Committee. Committee means the Texas Valley Citrus Committee, established pursuant to Sec. 906.18. ...


906.15 Fiscal period. Fiscal period means the period beginning August 1 and ending July 31 following; or such annual beginning and ending dates as may be...


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


906.18 Establishment and membership. (a) The Texas Valley Citrus Committee, consisting of fifteen (15) members is hereby established. For each member of...


906.19 Term of office. (a) The term of office of committee members and their respective alternates shall be for three years beginning August 1 and ending...


906.20 Districts. For the purpose of determining the basis for selecting producer committee members the following districts of the production area are...


906.21 Redistricting. The committee may recommend, and pursuant thereto the Secretary may approve, the reapportionment of members among districts,...


906.22 Selection. (a) From District No. 1 the Secretary shall select initially two producer members and their alternates representing independent...


906.23 Nominations. The Secretary may select the members of the committee and alternates from nominations which may be made in the following manner: (a)...


906.24 Failure to nominate. If nominations are not made within the time and in the manner specified in Sec. 906.23, the Secretary may, without regard...


906.25 Acceptance. Any person selected as a committee member or alternate shall qualify by filing a written acceptance with the Secretary within ten days...


906.26 Vacancies. To fill committee vacancies, the Secretary may select such members or alternates from unselected nominees on the current nominee list from...


906.27 Alternate members. An alternate member of the committee shall act in the place and stead of the member for whom he is an alternate, during such...


906.28 Procedure. Ten members of the committee shall be necessary to constitute a quorum, six of whom shall be producer members. Ten affirmative votes shall...


906.29 Expenses and compensation. The members of the committee, and alternates, shall serve without compensation; but they may be reimbursed for expenses...


906.30 Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To...


906.31 Duties. It shall be, among other things, the duty of the committee: (a) At the beginning of each term of office, to meet and organize, to select...


906.32 Expenses. The committee is authorized to incur such expenses as the Secretary may find are reasonable and likely to be incurred during each fiscal...


906.33 Budget. At the beginning of each fiscal period and as may be necessary thereafter, the committee shall prepare an estimated budget of income...


906.34 Assessments. (a) The funds to cover the committee's expenses shall be acquired by the levying of assessments upon handlers as provided in this...


906.35 Accounting. (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for...


906.37 Research and development. The committee, with the approval of the Secretary, may establish or provide for the establishment of marketing research...


906.38 Marketing policy. Prior to or at the same time as initial recommendations are made pursuant to Sec. 906.39, the committee shall submit to the Secretary...


906.39 Recommendations for regulations. The committee, upon complying with the requirements of Sec. 906.38, may recommend regulations to the Secretary...


906.40 Issuance of regulations. The Secretary shall limit the handling of fruit whenever he finds from the recommendation and information submitted by the...


906.41 Gift fruit shipments. The handling to any person of gift packages of fruit individually addressed to such person, in quantities aggregating not more than...


906.42 Shipments for special purposes. Upon the basis of recommendations and information submitted by the committee, or other available information, the...


906.43 Notification of regulations. The Secretary shall notify the committee of any regulations issued or of any modification, suspension, or termination...


906.44 Safeguards. (a) The committee, with the approval of the Secretary, may prescribe adequate safeguards to prevent the handling of fruit pursuant to Sec....


906.45 Inspection and certification. (a) During any period in which handling of a variety of a type of fruit is regulated pursuant to Sec. Sec. 906.34,...


906.51 Reports. Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner and...


906.52 Compliance. Except as provided in this subpart, no handler shall handle fruit, the handling of which has been prohibited by the Secretary in...


906.53 Right of the Secretary. The members of the committee (including successors and alternates), and any agent or employee appointed or employed by the...


906.54 Effective time. The provisions of this subpart, or any amendment thereto, shall become effective at such time as the Secretary may declare and...


906.55 Termination. (a) The Secretary may, at any time, terminate the provisions of this subpart by giving at least one day's notice by means of a press...


906.56 Proceedings after termination. (a) Upon the termination of the provisions of this subpart the then functioning members of the committee shall, for...


906.57 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued...


906.58 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of...


906.59 Agents. The Secretary may, by designation in writing, name any person, including any officer or employee of the United States, or name any agency in...


906.60 Derogation. Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of...


906.61 Personal liability. No member or alternate of the committee or any employee or agent thereof, shall be held personally responsible, either individually...


906.62 Separability. If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held...


906.120 Fruit exempt from regulations. (a) Minimum quantity. Any person or the occupants of any one vehicle may ship fruit from the production area during...


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


906.123 Fruit for processing. (a) No person shall be granted exemption from regulation to handle oranges and grapefruit for processing unless such fruit is...


906.137 Handlers use of identifying marks utilized by the committee in promotional and advertising projects. (a) Pursuant to Sec. 906.37, the identifying...


906.151 Reports. (a) During each fiscal period, each handler shall upon request by the committee file with the committee within the time specified in...


906.235 Assessment rate. On and after August 1, 2003, an assessment rate of $0.14 per \7/10\- bushel carton or equivalent is established for oranges and...


906.340 Container, pack, and container marking regulations. (a) No handler shall handle any variety of oranges or grapefruit grown in the production...


906.365 Texas Orange and Grapefruit Regulation 34. (a) No handler shall handle any variety of oranges or grapefruit grown in the production area unless: ...


Definitions Secretary means the Secretary of Agriculture of the United States or any officer or employee of the United States Department...


Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR915.3] [Page 80] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 915_AVOCADOS GROWN IN SOUTH FLORIDA--Table of Contents Subpart_Order Regulating Handling Sec. 915.3 Person. Person means an individual, partnership, corporation, association or any other business unit. ...


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


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR915.5] [Page 80] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 915_AVOCADOS GROWN IN SOUTH FLORIDA--Table of Contents Subpart_Order Regulating Handling Sec. 915.5 Avocados. Avocados means all varieties of avocados grown in the production area. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR915.6] [Page 80] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 915_AVOCADOS GROWN IN SOUTH FLORIDA--Table of Contents Subpart_Order Regulating Handling Sec. 915.6 Fiscal year. Fiscal year means the twelve-month period ending March 31 of each year. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR915.7] [Page 80] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 915_AVOCADOS GROWN IN SOUTH FLORIDA--Table of Contents Subpart_Order Regulating Handling Sec. 915.7 Committee. Committee means the Avocado Administrative Committee established pursuant to Sec. 915.20. ...


Grower is synonymous with producer and means any person who produces avocados for market and who has a proprietary interest therein: Provided, That as used in Sec. 915.22 the...


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


Handle means to sell, consign, deliver, or transport avocados within the production area or between the production area and any point outside thereof: Provided, That such term...


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


Export means to ship avocados to any destination which is not within the 48 contiguous States of the District of Columbia of the United States or Canada. [43 FR 39322,...


(a) There is hereby established an Avocado Administrative Committee consisting of nine members, each of whom shall have an alternate who shall have the...


The term of office of each member and alternate member of the committee shall begin April 1, and shall terminate March 31 of the following year. Members and...


(a) Initial members. Nominations for each of the five initial grower members and four initial handler members of the committee, together with nominations for the initial...


From the nominations made pursuant to Sec. 915.22, or from other qualified persons, the Secretary shall select the five grower members of the committee, the four handler...


If nominations are not made within the time and in the manner prescribed in Sec. 915.22, the Secretary may, without regard to nominations, select the members...


Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with the Secretary within ten days...


To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of the death,...


An alternate member of the committee, during the absence or at the request of the member for whom he is an alternate, shall act in the place and stead of such member....


The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To receive, investigate, and report to...


The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define the duties of such officers; ...


(a) Except as provided in paragraph (c) of this section, six members of the committee, including alternates acting for members, shall constitute a quorum and any...


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


The committee shall, as soon as practicable after the close of each fiscal year, prepare and mail an annual report to the Secretary, and to each handler and grower who...


The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred to enable the committee to exercise its powers and perform...


(a) Each person who first handles avocados shall, with respect to the avocados so handled by him, pay to the committee upon demand such person's pro rata share of the...


(a) If, at the end of a fiscal year, the assessments collected are in excess of expenses incurred, such excess shall be accounted for as follows: (1) Except as provided...


research and development. The committee may, with the approval of the Secretary, establish or provide for the establishment of production research,...


Each season prior to making any recommendations pursuant to Sec. 915.50, the committee shall submit to the Secretary a report setting forth its marketing policy for...


regulation. (a) Whenever the committee deems it advisable to regulate the handling of any variety or varieties of avocados grown in District 1 or District 2 in the...


(a) The Secretary shall regulate, in the manner specified in this section, the handling of avocados whenever he finds, from the recommendations and...


termination of regulations. (a) In the event the committee at any time finds that, by reason of changed conditions, any regulations issued pursuant to Sec....


Whenever a regulation is in effect pursuant to Sec. 915.51(a)(1), the committee shall issue one or more exemption certificates to any person who furnishes...


Whenever the handling of any variety of avocados is regulated pursuant to Sec. 915.51, each handler who handles avocados shall, prior thereto, cause each lot...


to regulations. Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec. 915.41, 915.51, and 915.54, and...


(a) Each handler shall furnish to the committee, at such times and for such periods as the committee may designate, certified reports covering, to the extent necessary for...


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


The members of the committee (including successors and alternates), and any agents, employees, or representatives thereof, shall be subject to removal or suspension...


The provisions of this part shall become effective at such time as the Secretary may declare above his signature to this part, and shall continue in force until terminated...


(a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in any other manner in which he...


(a) Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of the committee, continue as...


amendment. Unless otherwise expressly provided by the Secretary, the termination of this part or of any regulation issued pursuant to this part, or the issuance...


The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon its termination, except with respect to acts done under...


The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the United States Department of Agriculture, to...


Nothing contained in this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States (a) to exercise any...


No member or alternate member of the committee and no employee or agent of the committee shall be held personally responsible, either individually or jointly with...


If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, or [[Page 90]] thing is held invalid, the validity...


Exemption certificates under Sec. 915.53 shall be issued by the Avocado Administrative Committee pursuant to the following rules and regulations: (a)...


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


(a) Each handler who desires to handle avocados pursuant to the exceptions in Sec. 915.10 shall, prior thereto, register with the committee. Such registration...


regulation. (a) Minimum quantity. During any one day any handler may handle not to exceed 55 pounds total of avocados exempt from the provisions of Sec. Sec....


commercial processing into products. (a) No person shall handle any avocados for commercial processing into products unless prior to such handling such person notifies...


(a) The establishment of a reserve fund at an amount not to exceed approximately 3 fiscal years' operational expenses is appropriate and necessary to the maintenance...


(a) Each handler shall file with the Avocado Administrative Committee, on a weekly basis, a report of all avocados received by him. Such report shall be on forms prescribed by...


Each handler shall pay interest of one percent per month on any unpaid assessment balance beginning 30 days after date of billing. Such interest charge is to apply...


requirements and nomination procedures. (a) Public member and alternate member candidates shall not represent an agricultural interest, and shall not have...


On and after April 1, 2002, an assessment rate of $0.20 per 55-pound container or equivalent is established for avocados grown in South Florida. [67 FR 31717, May...


Container Regulation 5. (a) No handler shall handle any avocados for the fresh market from the production area to any point outside thereof in containers having...


pack, and container marking regulation. (a) No handler shall handle any variety of avocados grown in the production area unless: (1) Such avocados grade at...


maturity regulation. (a) No handler shall handle any variety of avocados, except Hass, Fuerte, Zutano, and Edranol, grown in the production area unless: (1)...


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


means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended;...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR916.3] [Page 98] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 916.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR916.4] [Page 98] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 916.4 Production area. Production area means the State of California. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR916.5] [Page 98] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 916.5 Nectarines. Nectarines means all varieties of Prunus Amygdalus Nectarina, commonly called nectarines, grown in the production area. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR916.6] [Page 98] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 916.6 Varieties. Varieties means and includes all classifications or subdivisions of nectarines. ...


Fiscal period is synonymous with fiscal year and means the 12-month period beginning on March 1 of one year and ending on the last day of February of the following year or...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR916.8] [Page 98] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 916.8 Committee. Committee means the Nectarine Administrative Committee established pursuant to Sec. 916.20. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR916.9] [Page 98] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 916.9 Grower. Grower is synonymous with producer and means any person who produces nectarines for the fresh market and who has a proprietary interest therein. ...


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


Handle and ship are synonymous and mean to sell, consign, deliver, or transport nectarines, or to cause nectarines to be sold, consigned, delivered, or transported, between...


District means the applicable one of the following described subdivisions of the production area or such other subdivision as may be prescribed pursuant to Sec. 916.31: ...


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


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR916.14] [Page 99] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 916_NECTARINES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 916.14 Container. Container means a box, bag, crate, lug, basket, carton, package, or any other type of receptacle used in the packaging or handling of nectarines. ...


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


There is hereby established a Nectarine Administrative Committee consisting of eight members, each of whom shall have an alternate who shall have the...


The term of office of each member and alternate member of the committee shall be for 2 years beginning on March 1 of an odd numbered year and ending on the last day of...


(a) Initial members. Nominations for each of the initial members, together with nominations for the initial alternate members for each position, may be submitted to the...


From the nominations made pursuant to Sec. 916.22, or from other qualified persons, the Secretary shall select the [[Page 100]] eight members of the committee...


If nominations are not made within the time and in the manner prescribed in Sec. 916.22, the Secretary may, without regard to nominations, select the members...


Any person selected by the Secretary as a member or as an alternate member of the Committee shall qualify by filing a written acceptance with the Secretary promptly after...


To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of the death,...


An alternate member of the committee, during the absence of the member for whom he is an alternate, shall act in the place and stead of such member and perform such...


The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To receive, investigate, and report to...


The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define the duties of...


(a) Six members of the committee, or alternates acting for members, shall constitute a quorum and any action of the committee shall require the concurring vote of the majority...


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


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


(a) A Shippers' Advisory Committee, consisting of five members and their respective alternates who shall be handlers, or employees of handlers, selected...


The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee for its maintenance and functioning and to...


(a) As his pro rata share of the expenses which the Secretary finds are reasonable and likely to be incurred by the committee during a fiscal period, each person who...


(a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of...


development. The committee, with the approval of the Secretary, may establish or provide for the establishment of production research, marketing research...


(a) Each season prior to making any recommendations pursuant to Sec. 916.51, the committee shall submit to the Secretary a report setting forth its marketing policy for...


regulation. (a) Whenever the committee deems it advisable to regulate the handling of any variety or varieties of nectarines in the manner provided in Sec. 916.52,...


(a) The Secretary shall regulate, in the manner specified in this section, the handling of nectarines whenever he finds, from the recommendations and...


termination of regulations. (a) In the event the committee at any time finds that, by reason of changed conditions, any regulations issued pursuant to Sec....


(a) Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec. 916.41, 916.52, 916.53, and 916.55, and...


certification. (a) Whenever the handling of any variety of nectarines is regulated pursuant to Sec. 916.52, or Sec. 916.53, each handler who handles nectarines...


(a) Each handler shall furnish to the committee, at such times and for such periods as the committee may designate, certified reports covering, to the extent necessary for...


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


The members of the committee (including successors and alternates), and any agents, employees, or representatives thereof, shall be subject to removal or suspension...


The provisions of this part, and of any amendment thereto, shall become effective at such time as the Secretary may declare above his signature and shall continue in...


(a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in any other manner in which he...


(a) Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of the committee, continue as...


amendment. Unless otherwise expressly provided by the Secretary, the termination of this part or of any regulation issued pursuant to this part, or the issuance...


The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon its termination, except with respect to acts done under...


The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the United States Department of Agriculture,...


Nothing contained in this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States (a) to exercise any...


No member or alternate member of the committee and no employee or agent of the committee shall be held personally responsible, either individually or jointly with...


If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this...


and alternate members for the Nectarine Administrative Committee and the Shippers' Advisory Committee. (a) The manager of the...


certain districts. The subdivisions of the production area are redefined and renumbered as follows: (a) District 1 shall include the counties of Madera, Fresno,...


of certain districts. The representation or membership on the Nectarine Administrative Committee is changed to provide for: (a) Five (5) members and...


(a) Waivers. A handler may handle nectarines without inspection and certification, as prescribed under Sec. 916.55, if all the following conditions are met: (1)...


Except when loaded directly into railway cars, exempted under Sec. 916.110, or for nectarines mailed directly to consumers in consumer packages, all exposed or...


(a) Report of daily packout. When requested by the Nectarine Administrative Committee, each shipper who ships nectarines shall furnish to the manager of the...


On and after March 1, 2003, an assessment rate of $0.20 per 25-pound container or container equivalent of nectarines is established for California...


Container and Pack Regulation. (a) During the period beginning April 1 and ending October 31, no handler shall ship any package or container of any variety...


Grade and Size Regulation. (a) During the period beginning April 1 and ending October 31, no handler shall ship: (1) Any lot or package or container of...


Source: 41 FR 17528, Apr. 27, 1976, unless otherwise noted. Definitions Secretary means the Secretary of Agriculture...


Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR917.3] [Page 117] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 917_FRESH PEARS AND PEACHES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 917.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


Fruit means the edible product of the following two kinds of trees (a) all varieties of peaches, and (b) all varieties of pears except Beurre Hardy, Beurre D'Anjou,...


Grower is synonymous with producer and means any person who produces fruit for market in fresh form, and who has a proprietary...


Handle and ship are synonymous and mean to sell, consign, deliver or transport fruit or to cause fruit to be sold, [[Page 118]] consigned, delivered...


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


Fiscal period is synonymous with fiscal year and means the 12-month period ending on the last day of February of each year, or such other period that may be...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR917.11] [Page 118] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 917_FRESH PEARS AND PEACHES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 917.11 Production area. Production area means the State of California. ...


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


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


District. District means any of the following subdivisions of the State of California: (a) North Sacramento Valley District includes and consists of Glenn...


Representation area means any one of the districts or groups of districts which are designated for nominating members and alternate members to the...


Control Committee. A Control Committee is hereby established consisting of 12 shipper members and 13 commodity committee members, and the members shall be...


shipper members of the Control Committee. Nominations for the 12 members of the Control Committee to represent shippers shall be made in the following manner: ...


Nomination of commodity committee members of the Control Committee. Nominations for the 13 members of the Control Committee to represent the commodity committees shall be made...


members of the Control Committee. From the nominations made pursuant to Sec. 917.17, or from other persons, the Secretary shall select the shipper members of the...


members of commodity committees. There are hereby established a Pear Commodity Committee and a Peach Commodity Committee each consisting of 13 members. Each...


Pear Commodity Committee members. Nominations for membership on the Pear Commodity Committee shall be made by the growers of pears in the respective representation...


Peach Commodity Committee members. Nominations for membership on the Peach Commodity Committee shall be made by growers of peaches in the respective...


Procedure for nominating members of various commodity committees. (a) The Control Committee shall hold or cause to be held not later than February 15 of each odd...


members of various commodity committees. The Secretary shall select the members of each commodity committee from nominations made by growers, as provided in Sec. Sec....


nominate. If nominations are not made within the time and in the manner prescribed in Sec. Sec. 917.21 through 917.24, the Secretary may, without regard...


There shall be an alternate for each member of the Control Committee, and an alternate for each member of each commodity committee. Each such alternate shall...


Procedure for filling vacancies on committees. To fill any vacancy on the Control Committee or on any of the commodity committees occasioned by the failure of any person...


committees. (a) A majority of all of the members of the Control Committee shall constitute a quorum, and any action of the Control Committee shall require...


disapproval. The members of the Control Committee, including their respective successors and alternates, and the members of each commodity committee, including...


expenses. All committee members shall serve without compensation, but said members, and their respective alternates, shall be reimbursed for expenses...


Funds and other property. (a) All funds received by the Control Committee, pursuant to the provisions of this part, shall be used solely for the purpose specified in...


Control Committee. The Control Committee shall have the following powers: (a) To administer, as specifically provided in this part, the terms and provisions of...


Duties of Control Committee. The Control Committee shall have the following duties: (a) To act as intermediary between the Secretary and any grower or shippers. ...


duties of each commodity committee. Each commodity committee shall have the following powers and duties: (a) With regard to the respective fruit for which it...


Expenses. Each commodity committee is authorized to incur such expenses as the Secretary finds are reasonable and are likely to be incurred by the said commodity...


(a) As his pro rata share of the expenses which the Secretary finds are reasonable and are likely to be incurred by the commodity committees during a fiscal...


If, at the end of a fiscal period the assessments collected are in excess of expenses incurred, each commodity committee, with the approval of the Secretary,...


market research and development. The committees, with the approval of the Secretary, may establish or provide for the establishment of production...


Recommendations for regulations. (a) Whenever a commodity committee deems it advisable to regulate the handling of any variety or varieties of fruit in the manner provided...


regulations. (a) The Secretary shall regulate, in the manner specified in this section, the handling of any variety or varieties of fruit whenever he finds, from...


or termination of regulations. (a) In the event the commodity committee at any time finds that, by reason of changed conditions, any regulations...


shipments. (a) Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec. 917.37, 917.41, and 917.42, and...


certification. (a) Whenever the handling of any variety of a particular fruit is regulated pursuant to Sec. 917.41 or Sec. 917.42, each handler who handles...


(a) Each handler shall furnish to the Manager of the Control Committee, at such times and for such periods as the Control Committee or the commodity committees...


The provisions of this part and of any amendment thereto, shall become effective at such time as the Secretary may declare above his signature and shall...


(a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in any other manner...


termination. (a) Upon the termination of the provisions of this part pertaining to any fruit or fruits, the Control Committee then functioning shall for...


termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart,...


Compliance. Each shipper shall comply with all regulations. No shipper shall ship fruit in violation of the provisions of this [[Page 129]] part or in...


immunities. The benefits, privileges, and immunities conferred by virtue of the provisions of this subpart shall cease upon its termination except with respect...


The Secretary may by a designation in writing name any person, including any officer or employee of the Government or any agency or Division in the United...


Nothing contained in this part is or shall be construed to be in derogation or in modification of the rights of the Secretary or of the United States to exercise...


committee members. No members of the Control Committee, any commodity committee, or other committee, or any subcommittee, or any employee of the Control...


If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, thing, or any particular kind of fruit is held...


Source: 16 FR 12776, Dec. 20, 1951, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. Definitions ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR917.101] [Page 129] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 917_FRESH PEARS AND PEACHES GROWN IN CALIFORNIA--Table of Contents Subpart_Rules and Regulations Sec. 917.101 Marketing agreement. Marketing agreement means Marketing Agreement No. 85 as amended. ...


All other terms used in this subpart shall have the same meaning as when used in the marketing agreement and order. [18 FR 712, Feb. 4, 1953. Redesignated at 26...


Unless otherwise prescribed in this subpart, or in the marketing agreement and order, or required by the Control Committee, or a particular commodity...


Nomination of shipper members for the Control Committee. (a) All shippers who, prior to February 1 of the then current year, have [[Page 130]] not advised...


nominating members for various Commodity Committees; meetings. (a) The manager of the then existing Control Committee shall arrange for, and publicize, meetings...


nomination of Peach Commodity Committee members. Nominations for membership on the Peach Commodity Committee shall be made by growers of peaches in the...


nomination of Pear Commodity Committee members. Nominations for membership on the Pear Commodity Committee shall be made by the growers of pears in the...


Qualification requirements and nominiation procedure for public members of Commodity Committees. (a) Public members shall not have a financial interest in or...


(a) Waivers. A handler may handle fruit without inspection and certification, as prescribed under Sec. 917.45, if all the following conditions are met: ...


shipments. Any person may file a request with the Pear Commodity Committee to transport pears to a packing facility located in the State of Oregon...


Except when loaded directly into railway cars, exempted under Sec. 917.143, or for peaches mailed directly to consumers in consumer packages, all exposed...


Pears. (a) Report of daily packout. When requested by the Pear Commodity Committee, each shipper who ships pears shall furnish to the manager of the Control Committee or...


(a) Report of daily packout. When requested by the Peach Commodity Committee, each shipper who ships peaches shall furnish to the manager of the Control Committee...


In lieu of the reporting requirements set forth in Sec. Sec. 917.176 and 917.178, the Control Committee may request a shipper to file, and upon such...


On and after March 1, 2003, an assessment rate of $0.20 per 25-pound container or container equivalent of peaches is established for...


California Peach Container and Pack Regulation. (a) During the period beginning April 1 and ending November 23, no handler shall ship any package or container of...


California Peach Grade and Size Regulation. (a) During the period beginning April 1 and ending November 23, no handler shall ship: (1) Any lot or package...


Pear Regulation 12. (a) No handler shall ship: (1) Bartlett or Max-Red (Max-Red Bartlett, Red Bartlett) varieties of pears which do not grade at least U.S....


or any officer or employee of the Department of whom authority has heretofore been delegated, or to whom authority may hereafter...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.2] [Page 142] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.2 Act. Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.). ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.3] [Page 142] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.3 Person. Person means an individual, partnership, corporation, association or any other business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.4] [Page 142] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.4 Production area. Production area means the State of California. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.5] [Page 142] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.5 Kiwifruit. Kiwifruit means all varieties of kiwifruit, or kiwi grown in the production area. [58 FR 65102, Dec. 13, 1993] ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.6] [Page 142] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.6 Varieties. Varieties means and includes all classifications or subdivisions of kiwifruit. [[Page 143]] ...


12-month period beginning on August 1 of one year and ending on the last day of July of the following year or such other period as the committee, with the approval of the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.8] [Page 143] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.8 Committee. Committee means the Kiwifruit Administrative Committee established pursuant to Sec. 920.20. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.9] [Page 143] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.9 Grower. Grower is synonymous with producer and means any person who produces kiwifruit for the fresh market and who has a proprietary interest therein. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.10] [Page 143] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.10 Handler. Handler is synonymous with shipper and means any person (except a common or contract carrier transporting kiwifruit owned by another person) who handles kiwifruit. ...


transport kiwifruit, or to cause kiwifruit to be sold, consigned, delivered, or transported, between the production area and any point outside thereof, or within...


of the production area or such other subdivision as may be prescribed pursuant to Sec. 920.31: (a) District 1 shall include the counties of Siskiyou,...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.13] [Page 143] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.13 Pack. Pack means the specific arrangement, size, weight, count, or grade of a quantity of kiwifruit in a particular type and size of container, or any combination thereof. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR920.14] [Page 143] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 920_KIWIFRUIT GROWN IN CALIFORNIA--Table of Contents Sec. 920.14 Container. Container means a box, bag, crate, lug, basket, carton, package, or any other type of receptacle used in the packaging or handling of kiwifruit. Administrative Body ...


Committee consisting of 12 members, each of whom shall have an alternate who shall have the same qualifications as the member for whom he or she is an...


the committee shall be for two years from the date of their selection and until their successors are selected. The term of office of the three additional grower members...


committee shall hold, or cause to be held, not later than July 15 of each year, or such other date as may be specified by the Secretary, a meeting or meetings of growers in...


qualified persons, the Secretary shall select the 12 members of the committee and an alternate for each such member, with the exception of the public member and...


the manner prescribed in Sec. 920.22, the Secretary may, without regard to nominations, select the members and alternate members of the committee on the basis of...


as an alternate member of the committee shall, prior to such selection, qualify by advising the Secretary that he/she agrees to serve in the position for which nominated...


selected as a member or as an alternate member of the committee to qualify, or in the event of the death, removal, resignation, or disqualification of any member or...


of either the member for whom that individual is an alternate, or, in the case of districts with two grower positions on the committee, the other member and that...


administer the provisions of this part in accordance with its terms; (b) To receive, investigate, and report to the Secretary complaints of violations of the provisions of...


(a) To select a chairperson and such other officers as may be necessary, and to define the duties of such officers; (b) To appoint such employees, agents and...


members, shall constitute a quorum and any action of the committee shall require the concurring vote of the majority of those present: Provided, That actions of the...


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


close of each marketing season, prepare and mail an annual report to the Secretary and make a copy available to each grower and handler who requests a copy of...


finds are reasonable and likely to be incurred by the committee for its maintenance and functioning and to enable it to exercise its powers and perform its duties...


Secretary finds are reasonable and likely to be incurred by the committee during a fiscal period, each person who first handles kiwifruit during such period shall pay to...


are in excess of expenses incurred, such excess shall [[Page 147]] be accounted for in accordance with one of the following: (1) If such excess is...


to Sec. 920.51, the committee shall submit to the Secretary a report setting forth its marketing policy for the ensuing marketing season. Such marketing policy...


advisable to regulate the handling of any variety or varieties of kiwifruit in the manner provided in Sec. 920.52, it shall so recommend to the Secretary. (b) In arriving...


in this section, the handling of kiwifruit whenever the Secretary finds, from the recommendations and information submitted by the committee, or from other...


the committee at any time finds that, by reason of changed conditions, any regulations issued pursuant to Sec. 920.52 should be modified, suspended, or terminated, it shall...


any person may, without regard to the provisions of Sec. Sec. 920.41, 920.52, 920.53 and 920.55 and the regulations issued thereunder, handle kiwifruit: (1) For...


of kiwifruit is regulated pursuant to Sec. 920.52, or Sec. 920.53, each handler who handles kiwifruit shall, prior thereto, cause such kiwifruit to be inspected by...


for such periods as the committee may designate, certified reports covering, to the extent necessary for the committee to perform its functions, each shipment of kiwifruit...


kiwifruit, the shipment of which has been prohibited by the Secretary in accordance with the provisions of this part; and no person shall handle kiwifruit except in...


alternates), and any agents, employees, or representatives thereof, shall be subject to removal or suspension by the Secretary at any time. Each and every...


this part by giving at least one day's notice by means of a press release or in any other manner in which the Secretary may determine. (b) The Secretary shall terminate...


this part, the committee shall, for the purpose of liquidating the affairs of the committee, continue as trustee of all the funds and property then in its possession, or...


by the Secretary, the termination of this part or of any regulation issued pursuant to this part, or the issuance [[Page 151]] of any amendment to either...


any person by virtue of this part shall cease upon its termination, except with respect to acts done under and during the existence of...


employee of the United States, or name any agency or division in the United States Department of Agriculture, to act as the Secretary's agent or representative in...


be, in derogation or in modification of the rights of the Secretary or of the United States (a) to exercise any powers granted by the act or otherwise, or (b) in accordance...


no employee or agent of the committee shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any person for errors in...


applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this part or the applicability thereof to any other...


and certification, as prescribed under Sec. 920.55, if all shipments made under such waivers comply with all regulations in effect, and all the following conditions...


a 1.5 percent monthly simple interest rate. Assessments for kiwifruit shall be deemed late if not received within 30 days of invoice, or such other later time period...


alternate members to the committee shall be as follows: (1) The committee's mailing of an approved nomination form to all kiwifruit growers of record shall constitute...


districts are redefined as follows: (a) District 1 shall include the counties of Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Mendocino, Tehama,...


shipper who ships kiwifruit, shall furnish a report of shipment and inventory data to the committee no later than the fifth day of the month following such shipment, or...


0.045 per 22- pound volume fill container or equivalent of kiwifruit is established for kiwifruit grown in California. [67 FR 62322, Oct. 7,...


ship any kiwifruit unless such kiwifruit meet the following requirements: (1) Grade requirements. Fresh shipments of kiwifruit shall be at least KAC No. 1 quality. ...


in accordance with the following terms and conditions: (a) Each package or container of kiwifruit shall bear on at least one outside principal display panel in plain...


922.1 Secretary. Source: 22 FR 3514, May 21, 1957, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. ...


922.2 Act. Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR922.3] [Page 156] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 922_APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 922.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. [[Page 157]] ...


922.4 Production area. Production area means the counties of Okanogan, Chelan, Kittitas, Yakima, and Klickitat in the State of Washington and all of the counties...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR922.5] [Page 157] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 922_APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 922.5 Apricots. Apricots means all varieties of apricots, grown in the production area, classified botanically as Prunus armeniaca. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR922.6] [Page 157] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 922_APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 922.6 Varieties. Varieties means and includes all classifications or subdivisions of Prunus armeniaca. ...


922.7 Fiscal period. Fiscal period is synonymous with fiscal year and means the 12-month period ending on March 31 of each year or such other period that may be approved...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR922.8] [Page 157] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 922_APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 922.8 Committee. Committee means the Washington Apricot Marketing Committee established pursuant to Sec. 922.20. ...


922.9 Grade. Grade means any one of the officially established grades of apricots as defined and set forth in: (a) United States Standards for Apricots (Sec. Sec....


922.10 Size. Size means the greatest diameter, measured through the center of the apricot, at right angles to a line running from the stem to the blossom end, or such...


922.11 Grower. Grower is synonymous with producer and means any person who produces apricots for market and who has a proprietary interest therein: Provided, That a...


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


922.13 Handle. Handle or ship means to sell, consign, deliver, or transport apricots within the production area or between the production area and any point...


922.14 District. District means the applicable one of the following described subdivisions of the production area, or such other subdivisions as may be prescribed...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR922.15] [Page 157] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 922_APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 922.15 Export. Export means to ship apricots beyond the continental boundaries of the United States. ...


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


922.17 Container. Container means a box, bag, crate, lug, basket, carton, package, or any [[Page 158]] other type of receptacle used in the packaging...


922.20 Establishment and membership. There is hereby established a Washington Apricot Marketing Committee consisting of twelve members, each of whom shall have an alternate...


922.21 Term of office. The term of office of each member and alternate member of the committee shall be for 2 years beginning April 1 and ending March 31: Provided,...


922.22 Nomination. (a) Initial members. Nominations for each of the eight initial grower members and four initial handler members of the committee, together...


922.23 Selection. From the nominations made pursuant to Sec. 922.22, or from other qualified persons, the Secretary shall select the eight grower members of the...


922.24 Failure to nominate. If nominations are not made within the time and in the manner prescribed in Sec. 922.22, the Secretary may, without regard to...


922.25 Acceptance. Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with...


922.26 Vacancies. To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event...


922.27 Alternate members. An alternate member of the committee, during the absence or at the request of the member for whom he is an alternate, shall act in the place...


922.30 Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To...


922.31 Duties. The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define...


922.32 Procedure. (a) Eight members of the committee, including alternates acting for members, shall constitute a quorum; and any action of the committee shall require...


922.33 Expenses and compensation. The members of the committee, and alternates when acting as members, shall be reimbursed for expenses necessarily incurred by them in...


922.34 Annual report. The committee shall, prior to the last day of each fiscal period, prepare and mail an annual report to the Secretary and make a copy available...


922.40 Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee to enable it...


922.41 Assessments. (a) Each person who first handles apricots shall, with respect to the apricots so handled by him, pay to the committee upon demand such person's...


922.42 Accounting. (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for...


922.45 Marketing research and development. The committee, with the approval of the Secretary, may establish or provide for the establishment of marketing research...


922.50 Marketing policy. (a) Each season prior to making any recommendations pursuant to Sec. 922.51, the committee shall submit to the Secretary a report setting...


922.51 Recommendations for regulation. (a) Whenever the committee deems it advisable to regulate the handling of any variety or varieties of apricots in the manner...


922.52 Issuance of regulations. (a) The Secretary shall regulate, in the manner specified in this section, the handling of apricots whenever he finds from...


922.53 Modification, suspension, or termination of regulations. (a) In the event the committee at any time finds that, by reason of changed conditions, any regulations...


922.54 Special purpose shipments. (a) Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec. 922.41, 922.52,...


922.55 Inspection and certification. Whenever the handling of any variety of apricots is regulated pursuant to Sec. 922.52 or Sec. 922.53, each handler who...


922.60 Reports. (a) Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner and at such time...


922.61 Compliance. Except as provided in this part, no person shall handle apricots, the shipment of which has been prohibited by the Secretary in accordance with...


922.62 Right of the Secretary. The members of the committee (including successors and alternates), and any agents, employees, or representatives thereof, shall be...


922.63 Effective time. The provisions of this part, and of any amendment thereto, shall become effective at such time as the Secretary may declare above his signature...


922.64 Termination. (a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in...


922.65 Proceedings after termination. (a) Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of...


922.66 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to...


922.67 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of...


922.68 Agents. The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the United...


922.69 Derogation. Nothing contained in the provisions of this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or...


922.70 Personal liability. No member or alternate member of the committee and no employee or agent of the committee shall be held personally responsible,...


922.71 Separability. If any provision of this part is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the...


922.110 Container exemption. Whenever container limitations are effective pursuant to Sec. 922.52, a handler may make test shipments of apricots...


922.111 Waiver of inspection and certification. (a) Application. Any handler (including a grower-handler packing and handling apricots of his...


922.142 Reserve fund. (a) The establishment of a reserve fund of an amount not greater than approximately one fiscal year's operational expenses...


Assessment rate. On or after April 1, 2003, an assessment rate of $3.00 per ton is established for the Washington Apricot Marketing Committee. [68 FR...


922.306 Apricot Regulation 6. (a) No handler shall handle any apricots unless such apricots are: (1) In open containers or telescope fiberboard cartons and the...


922.321 Apricot Regulation 21. (a) On and after August 1, 1981, no handler shall handle any container of apricots unless such apricots meet the following...


923.1 Secretary. Definitions Secretary means the Secretary of Agriculture of the United States, or any officer or employee...


923.2 Act. Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937,...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR923.3] [Page 169] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 923_SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 923.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


923.4 Production area. Production area means the counties of Okanogan, Chelan, Kittitas, Yakima, Klickitat in the State of Washington and all of the counties...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR923.5] [Page 169] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 923_SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 923.5 Cherries. Cherries means all varieties of sweet cherries grown in the production area, classified botanically as Prunus avium. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR923.6] [Page 169] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 923_SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 923.6 Varieties. Varieties means and includes all classifications or subdivisions of Prunus avium. ...


923.7 Fiscal period. Fiscal period is synonymous with fiscal year and means the 12-month period ending on March 31 of each year or such other period that may...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR923.8] [Page 169] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 923_SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 923.8 Committee. Committee means the Washington Cherry Marketing Committee established pursuant to Sec. 923.20. ...


923.9 Grade. Grade means any one of the officially established grades of cherries as defined and set forth in: (a) United States Standards for Sweet Cherries...


923.10 Size. Size means the greatest diameter, measured through the center of the cherry, at right angles to a line running from the stem to the blossom end, or...


923.11 Grower. Grower is synonymous with producer and means any person who produces cherries for market and who has a proprietary...


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


923.13 Handle. Handle and ship are synonymous and mean to sell, consign, deliver, or transport cherries or cause the sale, consignment, delivery, or transportation...


923.14 District. District means the applicable one of the following described subdivisions of the production area, or such other subdivisions as may be...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR923.15] [Page 170] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 923_SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 923.15 Export. Export means to ship cherries beyond the continental boundaries of the United States. ...


923.16 Pack. Pack means the specific arrangement, size, weight, count, or grade of a quantity of cherries in a particular type and size of container, or...


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


923.20 Establishment and membership. There is hereby established a Washington Cherry Marketing Committee consisting of sixteen members, each of whom shall have...


923.21 Term of office. The term of office of each member and alternate member of the committee shall be for two years beginning April 1 and ending March...


923.22 Nomination. (a) Initial members. Nominations for each of the ten initial grower members and five initial handler members of the committee, together...


923.23 Selection. From the nominations made pursuant to Sec. 923.22, or from other qualified persons, the Secretary shall select the ten grower members of...


923.24 Failure to nominate. If nominations are not made within the time and in the manner prescribed in Sec. 923.22, the Secretary may, without regard...


923.25 Acceptance. Any person prior to selection as a member or an alternate member of the committee shall qualify by filing with USDA a written acceptance...


923.26 Vacancies. To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in...


923.27 Alternate members. An alternate member of the committee, during the absence or at the request of the member for whom he is an alternate, shall act in the...


923.30 Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To...


923.31 Duties. The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and...


923.32 Procedure. (a) Twelve members of the committee, including alternates acting for members, shall constitute a quorum; and any action of the committee...


923.33 Expenses and compensation. The members of the committee, and alternates when acting as members, shall be reimbursed for expenses necessarily incurred by them in...


923.34 Annual report. The committee shall, prior to the last day of each fiscal period, prepare and mail an annual report to the Secretary and make a copy...


923.40 Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee to enable it...


923.41 Assessments. (a) Each person who first handles cherries shall, with respect to the cherries so handled by him, pay to the committee upon demand...


923.42 Accounting. (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for...


923.45 Marketing research and development. The committee, with the approval of the Secretary, may establish or provide for the establishment of marketing research...


923.50 Marketing policy. (a) Each season prior to making any recommendations pursuant to Sec. 923.51, the committee shall submit to the Secretary a...


923.51 Recommendations for regulation. (a) Whenever the committee deems it advisable to regulate the handling of any variety or varieties of cherries in the...


923.52 Issuance of regulations. (a) The Secretary shall regulate, in the manner specified in this section, the handling of cherries whenever he finds, from...


923.53 Modification, suspension, or termination of regulations. (a) In the event the committee at any time finds that, by reason of changed conditions, any...


923.54 Special purpose shipments. (a) Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec. 923.41, 923.52,...


923.55 Inspection and certification. Whenever the handling of any variety of cherries is regulated pursuant to Sec. 923.52 or Sec. 923.53, each handler who...


923.60 Reports. (a) Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner and...


923.61 Compliance. Except as provided in this part, no person shall handle cherries, the shipment of which has been prohibited by the Secretary in accordance with...


923.62 Right of the Secretary. The members of the committee (including successors and alternates), and any agents, employees, or representatives thereof, shall be...


923.63 Effective time. The provisions of this part, and of any amendment thereto, shall become effective at such time as the Secretary may declare above his...


923.64 Termination. (a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in...


923.65 Proceedings after termination. (a) Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of...


923.66 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant...


923.67 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of...


923.68 Agents. The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the United...


923.69 Derogation. Nothing contained in the provisions of this part is, or shall be construed to be, in derogation or in modification of the rights of the...


923.70 Personal liability. No member or alternate member of the committee and no employee or agent of the committee shall be held personally responsible,...


923.71 Separability. If any provision of this part is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid,...


923.142 Reserve fund. (a) The establishment of a reserve fund of an amount which shall not exceed approximately 1 fiscal year's operational expenses is...


923.236 Assessment rate. On or after April 1, 2003, an assessment rate of $1.00 per ton is established for the Washington Cherry Marketing Committee. [68...


923.322 Washington Cherry Regulation 22. (a) Grade. No handler shall handle, except as otherwise provided in this section, any lot of cherries, except cherries of...


Handling Sec. 924.1 Secretary. Definitions Secretary means the Secretary of Agriculture of the United States,...


Handling Sec. 924.2 Act. Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as re-enacted and amended by the Agricultural...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR924.3] [Page 181] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 924_FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON AND IN UMATILLA COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 924.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


Handling Sec. 924.4 Production area. Production area means the Counties of Okanogan, Chelan, Kittitas, Yakima, and Klickitat in the State of Washington...


Handling Sec. 924.5 Prunes Prunes means all varieties of plums, classified botanically as Prunus domestica, grown in the production area, except those of...


Handling Sec. 924.6 Varieties. Varieties means and includes all classifications or subdivisions of...


Handling Sec. 924.7 Fiscal period. Fiscal period is synonymous with fiscal year and means the 12-month period ending on March 31 of each year or such...


Handling Sec. 924.8 Committee. Committee means the Washington-Oregon Fresh Prune Marketing Committee established pursuant to Sec....


Handling Sec. 924.9 Grade. Grade means any one of the officially established grades of prunes as defined and set forth in the United States Standards...


Handling Sec. 924.10 Size. Size means the shortest dimension, measured through the center of the prune, at right angles to a line running from the stem...


Handling Sec. 924.11 Grower. Grower is synonymous with producer and means any person who produces prunes for market and who has a proprietary...


Handling Sec. 924.12 Handler. Handler is synonymous with shipper and means any person (except a common or contract carrier transporting prunes owned...


Handling Sec. 924.13 Handle. Handle or ship means to sell, consign, deliver, or transport prunes within the production area or between the production...


Handling Sec. 924.14 District. District means the applicable one of the following described subdivisions of the production area, or such other...


Handling Sec. 924.15 Export. Export means to ship prunes to any destination which is not within the 48 contiguous States, or the District of Columbia,...


Handling Sec. 924.16 Pack. Pack means the specific arrangement, size, weight, count, or grade of a quantity of prunes in a particular type and size...


Handling Sec. 924.17 Container. Container means a box, bag, crate, lug, basket, carton, package, or any other type of receptacle used in the packaging...


Handling Sec. 924.20 Establishment and membership. There is hereby established a Washington-Oregon Fresh Prune Marketing Committee consisting of...


Handling Sec. 924.21 Term of office. The term of office of each member and alternate member of the committee shall be for two years beginning April 1...


Handling Sec. 924.22 Nominations. (a) Initial members. Nominations for each of the initial members of the committee, together with nominations for...


Handling Sec. 924.23 Selection. From the nominations made pursuant to Sec. 924.22, or from other qualified persons, the Secretary shall select the 6...


Handling Sec. 924.24 Failure to nominate. If nominations are not made within the time and in the manner prescribed in Sec. 924.22, the Secretary...


Handling Sec. 924.25 Acceptance. Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing...


Handling Sec. 924.26 Vacancies. To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the...


Handling Sec. 924.27 Alternate members. An alternate member of the committee, during the absence or at the request of the member for whom he is...


Handling Sec. 924.30 Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with...


Handling Sec. 924.31 Duties. The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may...


Handling Sec. 924.32 Procedure. (a) Six members of the committee, including alternates acting for members, shall constitute a quorum; and any action of...


Handling Sec. 924.33 Expenses and compensation. The members of the committee, and alternates when acting as members, shall be reimbursed for...


Handling Sec. 924.34 Annual report. The committee shall, prior to the last day of each fiscal period, prepare and mail an annual report to the Secretary...


Handling Sec. 924.40 Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by...


Handling Sec. 924.41 Assessments. (a) Each person who first handles prunes shall, with respect to the prunes so handled by him, pay to the...


Handling Sec. 924.42 Accounting. (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall...


Handling Sec. 924.45 Research and development. The committee, with the approval of the Secretary, may establish or provide for the establishment...


Handling Sec. 924.50 Marketing policy. (a) Each season prior to making any recommendations pursuant to Sec. 924.51, the committee shall submit to...


Handling Sec. 924.51 Recommendations for regulation. (a) Whenever the committee deems it advisable to regulate the handling of any variety or varieties...


Handling Sec. 924.52 Issuance of regulations. (a) The Secretary shall regulate, in the manner specified in this section, the handling of prunes whenever...


Handling Sec. 924.53 Modification, suspension, or termination of regulations. (a) In the event the committee at any time finds that, by reason...


Handling Sec. 924.54 Special purpose shipments. (a) Except as otherwise provided in this section, any person may, without regard to the provisions of...


Handling Sec. 924.55 Inspection and certification. Whenever the handling of any variety of prunes is regulated pursuant to Sec. 924.52 or Sec....


Handling Sec. 924.60 Reports. (a) Upon request of the committee made with the approval of the Secretary, each handler shall furnish to the committee,...


Handling Sec. 924.61 Compliance. Except as provided in this part, no person shall handle prunes, the shipment of which has been prohibited by the...


Handling Sec. 924.62 Right of the Secretary. The members of the committee (including successors and alternates), and any agents, employees,...


Handling Sec. 924.63 Effective time. The provisions of this part and any amendments thereto shall become effective at such time as the Secretary may...


Handling Sec. 924.64 Termination. (a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of...


Handling Sec. 924.65 Proceedings after termination. (a) Upon the termination of the provisions of this part, the committee shall, for the purpose...


Handling Sec. 924.66 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this part or of...


Handling Sec. 924.67 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon...


Handling Sec. 924.68 Agents. The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or...


Handling Sec. 924.69 Derogation. Nothing contained in the provisions of this part is, or shall be construed to be, in derogation or in modification of...


Handling Sec. 924.70 Personal liability. No member or alternate member of the committee and no employee or agent of the committee shall be held...


Handling Sec. 924.71 Separability. If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, or thing...


Regulations Sec. 924.101 Changes in district representation. Beginning with the 1970-71 fiscal period, the representation or membership on...


Regulations Sec. 924.110 Waiver of inspection and certification. (a) Application. Any handler (including a grower-handler packing and handling prunes...


Regulations Sec. 924.142 Reserve fund. (a) The establishment of a reserve fund of an amount which shall not exceed approximately one fiscal year's...


Sec. 924.236 Assessment rate. On or after April 1, 2003, an assessment rate of $1.50 per ton is established for the Washington-Oregon Fresh...


Size Requirements Sec. 924.319 Prune Regulation 19. (a) During the period beginning July 15 and ending September 30, no...


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...


Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.3] [Page 193] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.4] [Page 193] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.4 Grapes. Grapes means any variety of vinifera species table grapes grown in the production area. ...


Imperial County, California, and that part of Riverside County and San Diego County, California, situated east of a line drawn due north and south through the Post Office in...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.6] [Page 193] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.6 Varieties. Varieties means and includes all classifications or subdivisions of Vitis vinifera table grapes. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.7] [Page 193] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.7 Producer. Producer is synonymous with grower and means any person who produces grapes for the fresh market and who has a proprietary interest therein. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.8] [Page 193] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.8 Handler. Handler is synonymous with shipper and means any person (except a common or contract carrier of grapes owned by another person) who handles grapes or causes grapes to be handled. ...


and means to pack, sell, deliver (including delivery to a storage facility), transport, or in any way to place grapes in the current of commerce within the production area...


grade or size, including the uniformity thereof, of the grapes within a container: Provided, That when used in or with respect to Sec. 925.52(a)(5) such term...


with fiscal year and means the 12 month period beginning on December 1 of one year and ending the last day of November of the following year or such other period as...


box, bag, crate, carton, or any other receptacle used in packing grapes for shipment as fresh grapes, and includes the dimensions, capacity, weight, marking, and any pads,...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.14] [Page 194] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.14 Committee. Committee means the California Desert Grape Administrative Committee established under Sec. 925.20. Administrative Body ...


is hereby established a California Desert Grape Administrative Committee consisting of 12 members, each of whom shall have an alternate who shall have the same qualifications...


the members and alternates shall be one fiscal period. Each member and alternate shall serve in such capacities for the portion of the term of office for which they are selected...


for each of the initial members, together with nominations for the initial alternate members for each position, may be submitted to the Secretary by the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.23] [Page 195] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.23 Selection. The Secretary shall select members and alternate members of the committee from persons nominated pursuant to Sec. 925.22 or from other qualified persons. ...


not made within the time and in the manner specified in Sec. 925.22 the Secretary may select the members and alternate members of the committee without regard to nominations...


the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with the Secretary promptly after being notified of...


by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of the death, removal, resignation, or...


shall act in the place of the member during such member's absence or at such member's request, and may be assigned other program duties by the chairman or the committee. In...


following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To receive, investigate, and report to the Secretary complaints...


among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define the duties of such officers; (b) To appoint...


committee shall constitute a quorum and any action of the committee shall require at least eight concurring votes; (b) The committee may vote by telephone, telegraph, or other...


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


soon as practicable, after the close of each fiscal period, prepare and mail an annual report to the Secretary and make a copy available to each grower and handler who requests...


incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee for its maintenance and functioning and to enable it to exercise its...


first handles grapes shall pay to the committee, upon demand, such handler's pro rata share of the expenses which the Secretary finds are reasonable and likely to be incurred by...


a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: (1) If such excess...


The committee, with the approval of the Secretary, may establish or provide for the establishment of production research, marketing research and...


to making any recommendation pursuant to Sec. 925.51 the committee shall submit to the Secretary a report setting forth its marketing policy for the ensuing marketing season....


complying with the requirements of Sec. 925.50 the committee may recommend regulations to the Secretary whenever the committee deems that such regulations as are provided in Sec....


shall regulate, in the manner specified in this section, the handling of grapes upon finding from the recommendations and information submitted by the committee, or from...


(a) In the event the committee at any time finds that, by reason of changed conditions, any regulations issued pursuant to Sec. 925.52 should be...


in effect pursuant to Sec. 925.41, Sec. 925.52, or Sec. 925.55 may be modified, suspended, or terminated to facilitate handling of grapes for purposes which may...


(a) Whenever the handling of any variety of grapes is regulated pursuant to Sec. 925.52, each handler who handles grapes shall, prior thereto, cause such grapes to be inspected by...


to the committee, at such times and for such periods as the committee may designate, certified reports covering, to the extent necessary for the committee to perform...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR925.61] [Page 199] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 925_GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA --Table of Contents Sec. 925.61 Compliance. Except as provided in this part, no handler shall handle grapes except in conformity with the provisions of this part and the regulations issued thereunder. ...


the committee (including successors and alternates) and any agents, employees, or representatives thereof, shall be subject to removal or suspension by the Secretary at any...


terminate or suspend the operation of any and all of the provisions of this part whenever the Secretary finds that such provisions do not tend to effectuate the declared policy...


Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of the committee, continue as trustees of all the funds and...


Unless otherwise expressly provided by the Secretary, the termination of this part or any regulation issued pursuant to this part, or the issuance of any amendment to either...


and immunities conferred upon any person by virtue of this part shall cease upon its termination, except with respect to acts done under and during the existence of...


part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States: (a) To exercise any powers granted by the act...


member of the committee and no employee or agent of the committee shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to...


this part is declared invalid or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this part or the...


925.112 Fiscal period. Beginning January 1, 1988, fiscal period will mean January 1 through December 31 of each year. [52 FR 27538, July...


925.141 Late payments. (a) The committee shall impose a late payment charge of 5 percent on the unpaid balance on any handler whose assessment has not been...


Assessment rate. On and after January 1, 2002, an assessment rate of $0.015 per 18- pound lug is established for grapes grown in a designated area...


925.304 California Desert Grape Regulation 6. During the period April 20 through August 15 each year, no person shall pack or repack any variety of grapes...


Source: 15 FR 6071, Sept. 9, 1950, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. Definitions ...


Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat....


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR927.3] [Page 205] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 927_WINTER PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 927.3 Person. Person means an individual partnership, corporation, association, legal representative, or any organized groups of individuals. ...


Pears means and includes any and all of the Beurre D'Anjou, Beurre Bosc, Winter Nelis, Doyenne du Comice, Forelle, and Sekel varieties of pears, and any other winter...


Size means the number of pears which can be packed in a standard western pear box 18 long, 11\1/2\ wide and 8\1/ 2\ deep (inside...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR927.6] [Page 205] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 927_WINTER PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 927.6 Grower. Grower means any person engaged in the production of pears, either as owner or as tenant. ...


Handler means any person (except a common carrier of pears owned by another person) who, as owner, agent, broker, or otherwise, ships or handles pears, or causes pears...


handle. Ship or handle means to sell, deliver, consign or transport pears, within the production area or between the production area and any point outside...


Fiscal period means the period beginning July 1 of any year and ending June 30 of the following year or such annual beginning and ending dates as may be approved...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR927.10] [Page 205] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 927_WINTER PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 927.10 Production area. Production area means and includes the States of Oregon and Washington. [62 FR 61002, Nov. 14, 1997] ...


District. District means the applicable one of the following-described subdivisions of the area covered by the provisions of this subpart: [[Page 206]] ...


Export market means any destination which is not within the 50 states, or the District of Columbia, of the United States. [61 FR 17554, Apr....


Subvariety means and includes any mutation, sport, or other derivation of any of the varieties covered in Sec. 927.4 which is recognized by the Control Committee...


membership. A Control Committee, consisting of 12 individual persons as its members, is hereby established to administer the terms and provisions of...


selection of members and their respective alternates. The grower members and their respective alternates for each district shall be selected by the Secretary...


election of nominees. Nominations for members of the Control Committee and their alternates shall be made at meetings of growers and handlers held in each of...


Voting. Only growers in attendance at meetings for election of nominees shall participate in the nomination of grower [[Page 207]] members and their...


membership. Each grower member and each of his alternates shall be a grower who grows pears in the district in which and for which he is nominated and...


nominate. In the event nominations are not made pursuant to Sec. Sec. 927.21 and 927.22 on or before June 1 of any year, the Secretary may select members...


Any person prior to or within 15 days after selection as a member or as an alternate for a member of the Control Committee shall qualify by filing with...


office. The term of office of each member and alternate member of the Control Committee shall be for two years beginning July 1 and ending June 30: Provided, That...


members of the Control Committee. The first alternate for a member shall act in the place and stead of the member for whom he or she is an alternate during...


To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate for a member of the Control Committee to qualify, or in the...


Compensation and expenses. The members and alternates for members of the Control Committee [[Page 208]] shall serve without compensation, but may be reimbursed...


Control Committee. The Control Committee shall have the following powers: (a) To administer, as specifically provided in Sec. Sec. 927.20 to 927.35, the terms...


Control Committee. The duties of the Control Committee shall be as follows: (a) To act as intermediary between the Secretary and any grower or handler; ...


Control Committee. (a) Quorum and voting. A quorum at a meeting of the Control Committee shall consist of nine members, or alternates then serving in the place...


Rights of the Secretary. The members and alternates for members of the Control Committee and any agent or employee appointed or employed by the Control Committee shall...


other property. (a) All funds received by the Control Committee pursuant to any of the provisions of this subpart shall be used solely for the purposes specified...


The Control Committee may appoint such public advisors as it deems appropriate and determine the compensation and defines the duties of...


The Control Committee is authorized to incur such expenses as the Secretary finds may be necessary to carry out its functions under this subpart. The funds to...


Assessments. (a) Assessments will be levied only upon handlers who first handle pears. Each handler shall pay assessments on all pears handled by such handler as the pro...


(a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, the committee, with the approval of the Secretary, may...


funds. From the funds acquired pursuant to Sec. 927.41 the Control Committee shall pay the salaries of its employees, if any, and pay the expenses necessarily incurred...


unpaid assessments. The Control Committee, with the approval of the Secretary, may institute and maintain, in its own name or in the names of its members,...


The Control Committee may accept voluntary contributions but these shall only be used to pay expenses incurred pursuant to section 927.47. Furthermore,...


development. The Control Committee, with the approval of the Secretary, may establish or provide for the establishment of production research, or marketing...


Recommendation by the Control Committee. (a) It shall be the duty of the Control Committee to investigate, from time to time, supply and demand conditions relative to pears...


regulations; and modification, suspension, or termination thereof. (a) Whenever the Secretary finds, from the recommendations and information submitted by the...


Control Committee recommendations. (a) Decisions of the Control Committee with respect to any recommendations to the Secretary pursuant to the establishment...


(a) The Control Committee shall give prompt notice to growers and handlers of each recommendation to the Secretary pursuant to the provisions of Sec. 927.50. ...


(a) As soon as practicable after the beginning of each fiscal period the Control Committee shall adopt and announce the procedural rules by...


certification. (a) Except as hereinafter provided no handler shall ship any pears not theretofore inspected, and a certificate issued with respect thereto, by...


Exemption from regulation. (a) Nothing contained in this subpart shall limit or authorize the limitation of shipment of pears for consumption by charitable institutions...


Upon the request of the Control Committee, subject to the disapproval of the Secretary, each handler shall furnish to the Control Committee, in such manner and at...


Except as provided in Sec. 927.65, no handler shall ship any pears contrary to the applicable restrictions and limitations specified in, or effective pursuant...


immunities. The benefits, privileges, and immunities conferred by virtue of this subpart shall cease upon termination hereof, except with respect to acts done...


If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of...


Nothing contained in this subpart is or shall be construed to be in derogation of, or in modification of, the rights of the Secretary or of the United States...


Control Committee members. No member or alternate for a member of the Control Committee, nor any employee or agent thereof, shall be held personally...


The Secretary may name, by designation in writing, any person, including any officer or employee of the Government or any bureau or division in the Department...


The provisions of this subpart shall become effective August 26, 1939, and shall continue in force until terminated in one of the ways specified in Sec....


Termination. (a) The Secretary may at any time terminate this subpart. (b) The Secretary shall terminate or suspend the operation of any or all of the provisions of...


termination. (a) Upon the termination of this subpart, the members of the Control Committee then functioning shall continue as joint trustees for the purpose...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR927.80] [Page 214] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 927_WINTER PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 927.80 Amendments. Amendments to this subpart may be proposed from time to time by the Control Committee or by the Secretary. ...


termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart...


Terms. Source: 16 FR 10926, Oct. 27, 1951, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. ...


Marketing agreement. Marketing agreement means Marketing Agreement No. 89, as amended, regulating the handling of Beurre D'Anjou, Beurre Bosc, Winter Nelis, Doyenne...


Order. Order means Order No. 927, as amended (Sec. Sec. 927.1 to 927.81), regulating the handling of Beurre D'Anjou, Beurre Bosc, Winter Nelis, Doyenne du...


Organically produced pears. Organically produced pears means pears that have been certified by an organic certification organization currently registered with the...


Communications. Unless otherwise prescribed in this subpart, or in the marketing agreement and order, or required by the Control Committee, all reports,...


927.110 Determination of district percentages. (a) The Control Committee, at its meeting held on or before August 1 of each year for the purpose of making recommendations to...


927.110a Application for exemption certification. Each application for an exemption certificate authorizing the shipment (pursuant to Sec. 927.54) during a particular...


Exemption committee. The members and alternate members of the Control Committee residing in the district in which the applicant grower's orchard is located shall act...


Issuance of exemption certificate. In the event such exemption committee finds and determines from proof, satisfactory to the committee, that the applicant is entitled...


Appeal to Control Committee. Any grower, whose application is denied in whole or in part by the appropriate exemption committee or by the secretary of the...


927.114 Appeal to Secretary. Any grower who is dissatisfied with the Control Committee's determination with respect to any appeal by that grower from a decision by...


Pears for charitable or by-product purposes. Pears which do not meet the requirements of the then effective grade, size, or quality regulations shall not be shipped...


Pears for gift purposes. There are exempted from the provisions of the marketing agreement and order any and all pears which, in individual gift packages, are...


Shipments to designated storages. (a) Pears may be shipped without prior inspection and certification to any public warehouse in Yakima, Zillah, Wenatchee, or Grandview...


927.123 Interest and late payment charges. Payments received more than 45 days after the date on which they are due shall be considered delinquent and subject to a late...


Reports. (a) Each shipper handling pears covered by an exemption certificate shall keep an accurate record, in the manner provided on such certificate, of all...


Reserve fund. (a) It is necessary and appropriate to establish and maintain an operating reserve fund in an amount not to exceed approximately one fiscal...


Assessment rate. On and after July 1, 2001, an assessment rate of $0.49 per standard box of conventionally and organically produced pears and, in addition,...


Handling regulation. During the period August 15 through November 1, no person shall handle any Beurre D'Anjou variety of pears for shipments to North...


Definitions Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority...


Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (46 Stat. 31, as amended; 7...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR928.3] [Page 221] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents Subpart_Order Regulating Handing Sec. 928.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR928.4] [Page 221] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents Subpart_Order Regulating Handing Sec. 928.4 Papayas. Papayas means any and all varieties of papayas grown in the production area. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR928.5] [Page 221] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents Subpart_Order Regulating Handing Sec. 928.5 Production area. Production area means the State of Hawaii. ...


Fiscal year means the 12-month period beginning January 1 of each year, or such other period that may be approved by the Secretary pursuant to a recommendation by the committee:...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR928.7] [Page 221] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents Subpart_Order Regulating Handing Sec. 928.7 Committee. Committee means the Papaya Administrative Committee established pursuant to Sec. 928.20. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR928.8] [Page 221] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents Subpart_Order Regulating Handing Sec. 928.8 Grower. Grower is synonymous with producer and means any person who produces papayas for market, and who has a proprietary interest therein. ...


synonymous with shipper and means any person (except a common or contract carrier transporting papayas owned by another person) who handles papayas in fresh form or causes...


Handle or ship are synonymous and mean to sell, consign, deliver, or transport papayas or cause papayas to be sold, consigned, delivered, or transported within the production area...


means the applicable one of the following described subdivisions of the production area, or such other subdivisions as may be prescribed pursuant to Sec. 928.31(o): ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR928.12] [Page 222] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 928_PAPAYAS GROWN IN HAWAII--Table of Contents Subpart_Order Regulating Handing Sec. 928.12 Export. Export means to ship papayas to any point outside the State of Hawaii. Administrative Body ...


There is hereby established a Papaya Administrative Committee consisting of 13 members, each of whom shall have an alternate who shall have the same qualifications...


The term of office of each member and alternate member of the committee shall be for two years beginning July 1 and ending on the second succeeding June 30, or such other...


(a) Successor members. (1) The committee shall hold or cause to be held, not later than 45 days before the beginning of the term of office of committee members, separate meetings...


The Secretary shall select the grower, handler, and public members, and an alternate for each, from nominations made under Sec. Sec. 928.20, 928.22 and 928.26, or from other...


If nominations are not made in the time and manner prescribed in Sec. Sec. 928.20, 928.22 and 928.26, the Secretary may without regard to nominations select the members...


Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with the Secretary promptly after being...


To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of the death,...


An alternate member of the committee, during the absence or at the request of the member for whom he is an alternate, shall act in the place and stead of such member and...


shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To receive, investigate, and report to the...


shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define the duties of such officers; and to...


(a) A majority of all members of the committee, including alternates acting for members, shall be necessary to constitute a quorum and such majority must concur to approve any...


The members of the committee and alternates when acting as members, or when requested by the committee to attend a committee meeting or to perform another...


The committee may, as soon as practicable after the end of the fiscal year, prepare and mail an annual report to the Secretary and make a copy available to each handler and grower...


committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee for its maintenance and functioning and to enble it...


(a) Each person who first handles papayas shall, with respect to the papayas so handled by him, pay to the committee upon demand such person's pro rate share of the expenses...


(a) If, at the end of a fiscal year the assessments collected are in excess of expenses incurred, such expenses shall be accounted for as follows: (1) Except as provided...


research and development. (a) The committee, with the approval of the Secretary may establish or provide for the establishment of production research,...


(a) Each season prior to making any recommendations pursuant to Sec. 928.51, the committee shall submit to the Secretary a report setting forth its marketing policy for the...


(a) Whenever the committee deems it advisable to regulate the handling of papayas in the manner provided in Sec. 928.52 it shall so recommend to the Secretary. ...


(a) The Secretary shall regulate, in the manner specified in this section, the handling of papayas whenever he finds, from the recommendations and information...


termination of regulations. (a) In the event the committee at any time finds that, by reason of changed conditions, any regulations issued pursuant to Sec. 928.52...


shipments. (a) Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec. 928.41, 928.52, 928.53 and 928.55,...


(a) Whenever the handling of any variety of papayas is regulated pursuant to Sec. 928.52 or Sec. 928.53, each handler who handles papayas shall, prior thereto,...


(a) Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner and at such time as it may prescribe, reports...


Except as provided in this part, no person shall handle papayas, the shipment of which has been prohibited by the Secretary in accordance with the provisions of this part; and no...


The members of the committee (including successors and alternates), and any agents, employees, or representatives thereof, shall be subject to removal or suspension by...


The provisions of this part and of any amendments thereto shall become effective at such time as the Secretary may declare above his signature, and shall continue in force...


(a) The Secretary may at any time terminate the provisions of this order by giving at least one day's notice by means of a press release or in any other manner which the...


(a) Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of the committee, continue as trustees of...


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


The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon the termination of this part, except with respect to acts done...


may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the U.S. Department of Agriculture, to act as his agent...


Nothing contained in the provisions of this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States (a) to...


No member or alternate member of the committee and no employee or agent of the committee shall be held personally responsible, either individually or jointly with others, in...


If any provision of this part is declared invalid or the applicability [[Page 231]] thereof to any person, circumstance, or thing is held invalid, the validity...


Pursuant to Sec. 928.6, the term fiscal year is redefined to mean the 12-month period beginning on July 1 of each year and ending on June 30 of the following year: Provided, That...


District means the applicable one of the following described subdivisions of the production area: (a) District 1 shall include the island of Hawaii. (b) District...


The Papaya Administrative Committee shall consist of 13 members and alternate members. Nine of the members shall represent growers, and three shall represent...


Pursuant to Sec. 928.21, the term of office for each member and alternate member on the committee is reestablished to be a 24-month period beginning July 1 of each...


and nomination procedures. (a) The public member and alternate member shall be nominated by the Papaya Administrative Committee and shall serve a two-year...


Source: 36 FR 22360, Nov. 25, 1971, unless otherwise noted. (a) Assessments levied pursuant to Sec. 928.41 not paid within five days after the 25th of each...


The requirements in this section apply through Janaury 2, 2002. (a) Waivers. A handler may handle papayas without inspection and certification, as prescribed under...


(a) Papayas delivered to a handler for sale by the handler for the account of the grower shall be deemed a consignment only with respect to papayas which are actually...


The requirements in this section apply through January 2, 2002. (a) An immature papaya is one which has not reached the stage of maturity wherein the lower or blossom...


(a) Any producer may apply to the committee to handle papayas he or she produces direct to consumers exempt from the provisions of Sec. Sec. 928.41, 928.52,...


(a) Each handler shall file with the Papaya Administrative Committee, not later than the 15th day of each month, a duly executed PAC Form 1 reporting all papayas handled...


On and after July 1, 1999, an assessment rate of $0.008 per pound is established for Hawaii papayas. [64 FR 59606, Nov. 3, 1999] Effective Date Note: At 67...


(a) During the period January 2, 2001, through January 2, 2002, no handler shall ship any container of papayas to any destination (except immature papayas...


Definitions Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the United...


Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR929.3] [Page 235] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 929_CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, Subpart_Order Regulating Handling Sec. 929.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


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


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR929.5] [Page 235] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 929_CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, Subpart_Order Regulating Handling Sec. 929.5 Cranberries. Cranberries means all varieties of the fruit Vaccinium Macrocarpon, known as cranberries, grown in the production area. ...


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


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR929.7] [Page 235] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 929_CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, Subpart_Order Regulating Handling Sec. 929.7 Committee. Committee means the Cranberry Marketing Committee established pursuant to Sec. 929.20. ...


Grower. Grower is synonymous with producer and means any person who produces [[Page 236]] cranberries for market and who has a proprietary...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR929.9] [Page 236] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 929_CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, Subpart_Order Regulating Handling Sec. 929.9 Handler. Handler means any person who handles cranberries. ...


(a) Handle means: (1) To can, freeze, or dehydrate cranberries within the production area or; (2) To sell, consign, deliver, or transport (except as a...


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


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR929.12] [Page 236] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 929_CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, Subpart_Order Regulating Handling Sec. 929.12 Acquire. Acquire means to obtain cranberries by any means whatsoever for the purpose of handling such cranberries. ...


Sales History means the number of barrels of cranberries established for a grower by the committee pursuant to Sec. 929.48. [57 FR 38748, Aug....


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


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


Barrel means a quantity of cranberries equivalent to 100 pounds of cranberries. [57 FR 38748, Aug. 27, 1992] ...


Establishment and membership. There is hereby established a Cranberry Marketing Committee consisting of seven members, each of whom shall have an alternate. Except...


office. The term of office for each member and alternate member of the committee shall be for two years, beginning on August 1 of each even- numbered year and ending...


Nomination. (a) Initial members. Nominations for each of the initial members and alternate members may be submitted, not later than 10 days after the effective date of...


(a) Initial members. From the nominations made pursuant to Sec. 929.22(a), or from other qualified persons, the Secretary shall select the initial members of...


nominate. If nominations are not made within the time and in the manner prescribed in Sec. 929.22, the Secretary may, without regard to nominations, select...


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


To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of the...


An alternate member of the committee, during the absence of the member for whom he is an alternate, shall act in the place and stead of such member...


Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To receive,...


The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define the duties of...


(a) Five members of the committee, or alternates acting for members, shall constitute a quorum and any action of the committee shall require at least five...


compensation. The members of the committee, and alternates when acting as members, shall serve without compensation but shall be reimbursed for necessary...


Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee for its maintenance...


(a) As a handler's pro rate share of the expenses which the Secretary finds are reasonable and likely to be incurred by the committee during a fiscal period,...


(a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, the committee, with the approval of the Secretary, may...


Research and development. (a) The committee, with the approval of the Secretary, may establish or provide for the establishment of production research, marketing...


(a) Each year prior to May 1 the committee shall estimate the marketable quantity for the following crop year. (b) As soon as practicable after August 1...


(a) Beginning with the 1968-69 crop year, and continuing for each crop year thereafter through August 31, 1974, no handler shall handle, as the...


Sales history. (a) Determination of sales history. (1) The initial sales history shall be computed by the committee for each grower using the best four out of six years...


Marketable quantity, allotment percentage, and annual allotment. (a) Marketable quantity and allotment percentage. If the Secretary finds, from the recommendation of...


(a) Transfers to another grower. A grower who owns cranberry acreage on which a sales history has been established may transfer the acreage and sales history...


regulation. (a) Whenever the committee deems it advisable to regulate the handling of cranberries in the manner provided in Sec. 929.52, it shall...


regulations. (a) The Secretary shall regulate, in the manner specified in this section, the handling of cranberries whenever the Secretary finds, from...


or termination of regulations. (a) In the event the committee at any time finds that, by reason of changed conditions, any regulations issued pursuant...


Withholding. (a) Whenever the Secretary has fixed the free and restricted percentages for any fiscal period, as provided for in Sec. 929.52(a), each handler shall...


(a) Transfer of cranberries from one handler to another may be made without prior notice to the committee, except during a period when a volume...


Special provisions relating to withheld (restricted) cranberries. (a) Except as otherwise directed by the Secretary, as near as practicable to the beginning of the...


restricted cranberries. (a) Except as provided in this section and in Sec. 929.56, cranberries withheld from handling may be disposed of only through diversion...


Exemption. (a) Upon the basis of the recommendation and information submitted by the committee, or from [[Page 247]] other available information, the...


(a) Whenever the Secretary establishes an allotment percentage pursuant to Sec. 929.52, handlers shall be notified by the committee of such...


special purposes. Regulations in effect pursuant to Sec. Sec. 929.10, 929.41, 929.47, 929.48, 929.49, 929.51, 929.52, or 929.53 or any combination thereof, may...


Outlets for excess cranberries. (a) Noncommercial outlets. Excess cranberries may be disposed of only in the following noncommercial outlets that the committee finds,...


(a) Inventory. Each handler shall, upon request of the committee, file promptly with the committee a certified report, showing such information as the committee...


Each handler shall maintain such records of all cranberries acquired, withheld from handling, handled, and otherwise disposed of as will substantiate the...


reports and records. For the purpose of assuring compliance and checking and verifying records and the reports filed by handlers, the committee, through its...


Confidential information. All reports and records furnished or submitted by handlers to the committee and its authorized agents which include data or...


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


the Secretary. The members of the committee (including successors and alternates), and any agents, employees, or representatives thereof, shall be subject to removal...


The provisions of this part, and of any amendment thereto, shall become effective at such time as the Secretary may declare above his signature and...


(a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in any other manner...


Proceedings after termination. (a) Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of the...


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


immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon its termination, except with respect to...


The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the United States Department...


Nothing contained in this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States (a)...


No member or alternate member of the committee and no employee or agent of the committee shall be held personally responsible, either individually or...


If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the...


The requirements of Sec. 929.41 Assessments and Sec. 929.54 Withholding shall not apply to any handler in a fiscal year during which the...


Procedure to determine quantity of screened cranberries in unscreened lots. The determination pursuant to Sec. 929.54 of the quantity of screened cranberries contained...


(a) Inspection of withheld cranberries shall be limited to any plant, storage facility, or other location, within the production area where...


excess cranberries. (a) In accordance with Sec. 929.61, excess cranberries may be disposed of only in the following noncommercial or noncompetitive outlets,...


Reporting. (a) Each report required to be filed with the committee pursuant to Sec. Sec. 929.6 and 929.48 shall be mailed to the committee office or delivered to...


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


sales of cranberry acreage. (a) Sales or transfers of cranberry acreage shall be reported by the transferor and transferee to the committee, in writing, on...


Committee review procedures. Growers may request, and the Committee may grant, a review of determinations made by the Committee pursuant to section 929.48, in...


(a) It is necessary and appropriate to establish and maintain a reserve in an amount not to exceed approximately one fiscal period's operational expenses to be used...


sales history. A sales history for each grower shall be computed by the Committee in the following manner. (a) For each grower with acreage with 7 or...


Transfer or assignment of sales history. (a) If indebtedness is incurred with regard to the acreage to which the cranberries are attributed, and on which a sales history...


There shall be a late payment charge of five percent and an interest charge of 1\1/2\ percent per month applied to any assessment not received at...


If fresh and organically-grown cranberries are exempted from the volume regulation as recommended by the Committee and approved by the Secretary, the...


Public member eligibility requirements and nomination procedures. (a) Public member and alternate member candidates shall not represent an agricultural interest and...


On and after September 1, 2001, an assessment rate of $0.18 per barrel is established for cranberries. [67 FR 6846, Feb. 14, 2002; 67 FR 14844, Mar....


and allotment percentage for the 2000-2001 crop year. The marketable quantity for the 2000-2001 crop year is set at 5.468 million barrels and the...


and allotment percentage for the 2001-2002 crop year. The marketable quantity for the 2001-2002 crop year is set at 4.6 million barrels and the...


Definitions Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended, and as reenacted and amended by the Agricultural...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR930.2] [Page 256] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, Subpart_Order Regulating Handling Sec. 930.2 Board. Board means the Cherry Industry Administrative Board established pursuant to Sec. 930.20. ...


Cherries means all tart/sour cherry varieties grown in the production area classified botanically as Prunus cerasas, or hybrids of Prunus cerasas by Prunus avium, or...


Crop year means the 12-month period beginning on July 1 of any year and ending on June 30 of the following year, or such other period as the Board, with the approval of...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR930.5] [Page 256] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, Subpart_Order Regulating Handling Sec. 930.5 Department or USDA. Department or USDA means the United States Department of Agriculture. ...


District means one of the subdivisions of the production area described in Sec. 930.20(c), or such other subdivisions as may be established pursuant to Sec. 930.21, or...


Fiscal period is synonymous with fiscal year and means the 12-month period beginning on July 1 of any year and ending on June 30 of the following year, or such...


percentage cherries. Free market tonnage percentage cherries means that proportion of cherries handled in a crop year which are free to be marketed in...


Grower is synonymous with producer and means any person who produces cherries to be marketed in canned, frozen, or other processed form and who has a proprietary...


Handle means the process to brine, can, concentrate, freeze, dehydrate, pit, press or puree cherries, or in any other way convert cherries commercially into a...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR930.11] [Page 257] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, Subpart_Order Regulating Handling Sec. 930.11 Handler. Handler means any person who first handles cherries or causes cherries to be handled for his or her own account. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR930.12] [Page 257] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, Subpart_Order Regulating Handling Sec. 930.12 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


reserve. Primary inventory reserve means that portion of handled cherries that are placed into handlers' inventories in accordance with any restricted...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR930.14] [Page 257] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, Subpart_Order Regulating Handling Sec. 930.14 Production area. Production area means the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin. ...


cherries. Restricted percentage cherries means that proportion of cherries handled in a crop year which must be either placed into handlers' inventories...


Sales constituency means a common marketing organization or brokerage firm or individual representing a group of handlers and growers. An organization...


reserve. Secondary inventory reserve means any portion of handled cherries voluntarily placed into inventory by a handler under Sec....


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...


membership. (a) There is hereby established a Cherry Industry Administrative Board, the membership of which shall be calculated in accordance with paragraph...


Districts, subdivisions of districts, and the distribution of representation among growers and handlers within a respective district or subdivision thereof,...


The term of office of each member and alternate member of the Board shall be for three fiscal years: Provided that, of the nine initial members and alternates from...


election. (a) Forms and ballots. Nomination and election of initial and successor members and alternate members of the Board shall be conducted through...


The selection of nominees made pursuant to elections conducted under Sec. 930.23(c) shall be submitted to the Secretary in a format which indicates the nominees...


nominate. If nominations are not made within the time and in the manner prescribed in Sec. 930.23, the Secretary may, without regard to nominations, select the members...


Each person to be appointed by the Secretary as a member or as an alternate member of the Board shall, prior to such appointment, qualify by advising the Secretary...


To fill any vacancy occasioned by the failure of any person appointed as a member or as an alternate member of the Board to qualify, or in the event of the death,...


An alternate member of the Board, during the absence of the member for whom that member serves as an alternate, shall act in the place and stead of such member...


membership on Cherry Industry Administrative Board. (a) Each grower member and each grower alternate member of the Board shall be a grower, or an officer or employee...


The Board shall have the following powers: (a) To administer this part in accordance with its terms and provisions; (b) To make rules and regulations to...


The Board shall have, among others, the following duties: (a) To select such officers, including a chairperson and vice- chairperson, as may be necessary, and to...


(a) Two-thirds of the members of the Board, including alternates acting for absent members, shall constitute a quorum. For any action of the Board to pass, at...


compensation. Except for the public member and alternate public member who shall receive such compensation as the Board may establish and the Secretary may approve,...


The Board is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred for its maintenance and functioning and to enable it...


(a) An assessment may be levied upon handlers annually under this part to cover the administrative costs of the Board, costs of inspection, and any research,...


(a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, the Board, with the approval of the Secretary, may carry over...


(a) Quality standards. The Board may establish, with the approval of the Secretary, such minimum quality and inspection requirements applicable to cherries as...


development and promotion. The Board, with the approval of the Secretary, may establish or provide for the establishment of production and processing research,...


(a) Optimum supply. On or about July 1 of each crop year, the Board shall hold a meeting to review sales data, inventory data, current crop forecasts and...


volume regulations. (a) Whenever the Secretary finds, from the recommendation and supporting information supplied by the Board, that to designate final free market...


districts subject to volume regulations. (a) The districts in which handlers shall be subject to any volume regulations implemented in accordance with this part...


or termination of regulations. (a) In the event the Board at any time finds that, by reason of changed conditions, any regulations issued pursuant to Sec. Sec....


the use or disposition of inventory reserve cherries. Cherries that are placed in inventory reserve pursuant to the requirements of Sec. 930.50, Sec. 930.51, Sec....


reserves. (a) Whenever the Secretary has fixed the free market tonnage and restricted percentages for any fiscal period, as provided for in Sec. 930.51(a),...


reserve. Any handler may, upon notification to the Board, arrange to hold inventory reserve, of his or her own production or which was purchased, on the...


reserve. (a) In the event the inventory reserve established under Sec. 930.55 of this part is at its maximum volume, and the Board has announced, in...


privilege. (a) In general. Any grower may voluntarily elect to divert, in accordance with the provisions of this section, all or a portion of the cherries...


privilege. (a) In general. Handlers handling cherries harvested in a regulated district may fulfill any restricted percentage requirement in full or in part...


(a) Inventory reserve ownership. The inventory reserve shall be the sole responsibility of the handlers who place products into the inventory reserve. A...


Each handler handling cherries from a regulated district that is subject to volume regulations shall be compensated by the Board for inspection relating to...


(a) The Board, with the approval of the Secretary, may exempt from the provisions of Sec. 930.41, Sec. 930.44, Sec. 940.51, Sec. 930.53, or Sec. 930.55 through Sec....


restricted obligation. (a) Bonding. The Board, with the approval of the Secretary, may require handlers to secure bonds on deferred inventory reserve...


(a) Weekly production, monthly sales, and inventory data. Each handler shall, upon request of the Board, file promptly with the Board, reports showing weekly production...


Each handler shall maintain such records of all cherries acquired, handled, stored or sold, or otherwise disposed of as will substantiate the required reports and as may...


reports and records. For the purpose of assuring compliance and checking and verifying the reports filed by handlers, the Secretary and the Board, through its...


All reports and records furnished or submitted by handlers to the Board and its authorized agents which include data or information constituting a...


Except as provided in this part, no person may handle cherries, the handling of which has been prohibited by the Secretary under this part, and no person shall...


the Secretary. Members of the Board (including successors and alternates), and any agents, employees, or representatives thereof, shall be subject to removal...


The provisions of this part, and of any amendment thereto, shall become effective at such time as the Secretary may declare, and shall continue in force...


(a) The Secretary may, at any time, terminate any or all of the provisions of this part by giving at least 1 day's notice by means of a press notice or in any...


termination. (a) Upon the termination of the provisions of this part, the then functioning members of the Board shall, for the purpose of liquidating the affairs...


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


immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon its termination, except with respect to acts...


The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the U.S. Department of Agriculture, to...


Nothing contained in this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise...


No member or alternate member of the Board and no employee or agent of the Board shall be held personally responsible, either individually or jointly with...


If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR930.91] [Page 274] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, Subpart_Order Regulating Handling Sec. 930.91 Amendments. Amendments to this subpart may be proposed, from time to time, by the Board or by the Secretary. ...


certificates. (a) In accordance with paragraph (b) of this section, the Board may, for the 1997 crop year, issue diversion certificates to growers, in...


Pursuant to Sec. 930.20(e), membership of the Cherry Industry Administrative Board is increased from 18 to 19 members and alternates. There will be one grower...


rate. A compensation rate of $250 per meeting shall be paid to the public member and to the alternate public member when attending Board meetings....


assessments. (a) Pursuant to Sec. 930.41, the Board shall impose an interest charge on any handler whose assessment payment has not been received by October 1...


Grower diversion and grower diversion certificates. (a) Grower diversion certificates. The Board may issue diversion certificates to growers in districts subject to...


Handler diversion. (a) Methods of diversion. Handlers may divert cherries by redeeming grower diversion certificates, by destroying cherries at handlers'...


Exemptions. (a) General. Tart cherries which are used for the purpose of new product development, for new market development, for development of export markets,...


Deferment of restricted obligation. A handler may obtain a surety bond on restricted percentage cherries to be posted to temporarily defer the date that inventory reserves...


On and after July 1, 2003, the assessment rate imposed on handlers shall be $0.0021 per pound of cherries handled for tart cherries grown in the...


931.1 Secretary. Definitions Secretary means the Secretary of Agriculture of the United States, or any officer or employee of...


931.2 Act. Act means Public Act No. 10, 73d Congress (May 12, 1933) as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR931.3] [Page 282] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 931_FRESH BARTLETT PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 931.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR931.4] [Page 282] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 931_FRESH BARTLETT PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 931.4 Production area. Production area means and includes the States of Oregon and Washington. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR931.5] [Page 282] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 931_FRESH BARTLETT PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 931.5 Pears. Pears means all pears grown in the production area classified botanically as belonging to the Bartlett cultivar of Pyrus Communis. ...


931.6 Variety. Variety means any type or strain of pears which has distinctive attributes and is designated by a common name, such as...


931.7 Fiscal period. Fiscal period means the period beginning July 1 of any year and ending June 30 of the following year or such other period as the committee, with...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR931.8] [Page 282] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 931_FRESH BARTLETT PEARS GROWN IN OREGON AND WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 931.8 Committee. Committee means the Northwest Fresh Bartlett Pear Marketing Committee established pursuant to Sec. 931.20. ...


931.9 Grade. Grade means any one of the officially established grades of pears as defined and set forth in: (a) United States Standards for Summer and Fall Pears (7...


931.10 Size. Size means the number of pears which can be packed in a standard western pear box 18 inches long, 11\1/2\ inches wide, and 8\1/2\ inches deep...


931.11 Grower. Grower is synonymous with producer and means any person who produces pears for fresh market and who has a proprietary...


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


931.13 Handle. Handle or ship means to sell, deliver, consign, or transport pears within the production area or between the production area and any point outside...


931.14 District. District means the applicable one of the following described subdivisions of the production area, or such other subdivisions as may be prescribed...


931.15 Export. Export means to ship pears to any destination which is not within the 48 contiguous States, or the District of Columbia of the...


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


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


931.20 Establishment and membership. There is hereby established a Northwest Fresh Bartlett Pear Marketing Committee consisting of fourteen (14) members, each of whom...


931.21 Term of office. The term of office of each member and alternate member of the committee shall be for two years beginning July 1 and ending June 30: Provided,...


931.22 Nomination. (a) Initial members. Nominations for each of the initial members of the committee, together with nominations for the initial alternate members...


931.23 Selection. From the nominations made pursuant to Sec. 931.22 or from other qualified persons, the Secretary shall select the eight grower members of the...


931.24 Failure to nominate. If nominations are not made within the time and in the manner prescribed in Sec. 931.22, the Secretary may, without regard to...


931.25 Acceptance. Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with...


931.26 Vacancies. To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event...


931.27 Alternate members. An alternate member of the committee, during the absence or at the request of the member for whom he is an alternate, shall act in the...


931.30 Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To...


931.31 Duties. The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define...


931.32 Procedure. (a) Twelve members of the committee, including alternates acting for members, shall constitute a quorum, and any action of the committee shall require...


931.33 Expenses. The members of the committee and alternates when acting as members, shall be reimbursed for expenses necessarily incurred by them in the performance...


931.34 Annual report. The committee shall, as soon as is practicable after the close of each fiscal period, prepare and mail an annual report to the Secretary and make...


931.40 Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee for its maintenance...


931.41 Assessments. (a) Each person who first handles pears shall, with respect to the pears so handled by him, pay to the committee upon demand such person's pro...


931.42 Accounting. (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for...


931.45 Marketing research and development. The committee, with the approval of the Secretary, may establish or provide for the establishment of marketing research...


931.50 Marketing policy. (a) Each season prior to making any recommendations pursuant to Sec. 931.51, the committee shall submit to the Secretary a report setting...


931.51 Recommendations for regulation. (a) Whenever the committee deems it advisable to regulate the handling of any variety or varieties of pears in the manner provided...


931.52 Issuance of regulations. (a) The Secretary shall regulate, in the manner specified in this section, the handling of pears whenever he finds, from...


931.53 Modification, suspension, or termination of regulations. (a) In the event the committee at any time finds that, by reason of changed conditions, any regulations...


931.54 Special purpose and minimum quantity shipments. (a) Except as otherwise provided in this section, any person may, without regard to the provisions of Sec. Sec....


931.55 Inspection and certification. Whenever the handling of any variety of pears is regulated pursuant to Sec. 931.52 or Sec. 931.53, each handler who handles...


931.56 Exemptions. The committee shall issue certificates of exemption to any producer who applies for such exemption and furnishes adequate evidence to the...


931.60 Reports. (a) Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner and at such time...


931.61 Compliance. Except as provided in this part, no person shall handle pears the shipment of which has been prohibited by the Secretary in accordance with...


931.62 Right of the Secretary. The members of the committee (including successors and alternates), and any agents, employees, or representatives thereof, shall be...


931.63 Effective time. The provisions of this part and of any amendments thereto shall become effective at such time as the Secretary may declare above his...


931.64 Termination. (a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in any...


931.65 Proceedings after termination. (a) Upon the termination of the provisions of this part, the committee shall, for the purpose of liquidating the affairs of...


931.66 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this part or of any regulation issued pursuant to...


931.67 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon the termination of this...


931.68 Agents. The Secretary may, by designation in writing, name any officer or employee of the United States, or name any agency or division in the U.S. Department...


931.69 Derogation. Nothing contained in the provisions of this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary...


931.70 Personal liability. No member or alternate member of the committee and no employee or agent of the committee shall be held personally responsible,...


931.71 Separability. If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, or thing is held invalid, the validity...


931.100 Terms. Source: 56 FR 65800, Dec. 19, 1991, unless otherwise noted. Definitions Each term used in this subpart,...


931.101 Marketing agreement. Marketing agreement means Marketing Agreement No. 147, as amended, regulating the handling of Bartlett pears grown in Oregon...


931.102 Order. Order means Order No. 931, as amended (Sec. Sec. 931.1 to 931.71), regulating the handling of Bartlett pears grown in Oregon and Washington. ...


931.110 Communications. Unless otherwise specifically prescribed in this subpart, or in the marketing agreement and order, or unless otherwise required by the Committee,...


931.120 Reports. (a) Each handler shall transmit to the Committee on the first and the fifteenth day of each calendar month during the shipping season the...


931.231 Assessment rate. On and after July 1, 2003, an assessment rate of $0.335 per 44-pound standard box or container equivalent is established for fresh Bartlett...


Definitions Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the U.S. Department of...


Public Act No. 10, 73d Congress (May 12, 1933) as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended;...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.3] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.3 Person. Person includes an individual, partnership, corporation, association, or any other business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.4] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.4 Area. Area means the State of California. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.5] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.5 Olives. Olives means the fruit of any variety of the species olea europaea, whether or not processed, grown within the area. ...


Variety group 1 means the following varieties and any mutations, sports, or other derivations of such varieties: Aghizi Shami, Amellau, Ascolano, Ascolano dura, Azapa,...


Variety group 2 means the following varieties and any mutations, sports, or other derivations of such varieties: Manzanillo, Mission, Nevadillo, Obliza,...


Natural condition olives means olives in their fresh harvested state, whether or not placed in a water or other preserving medium. [33 FR 11266, Aug....


Packaged olives means (a) processed olives in hermetically sealed containers and heat sterilized under pressure, otherwise known as canned ripe olives and including the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.10] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.10 Lot. Lot means the total net weight of natural condition olives of any one variety delivered to a handler at any one time. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.11] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.11 Grade. Grade means the classification of olives as to quality according to the grading specifications established pursuant to the provisions of this part. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.12] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.12 Size. Size means the number of whole olives contained in a pound and may be referred to in terms of size ranges. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.13] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.13 Size-grade. Size-grade means to classify olives, or to cause olives to be classified, by sample or otherwise, into separate size designations. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.14] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.14 Process. Process means to change olives in any way from their natural condition by any commercial process. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.15] [Page 293] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.15 Handler. Handler means any person who handles olives. [[Page 294]] ...


Handle means to: (a) Size-grade olives, (b) process olives, or (c) use processed olives in the production of packaged olives, within the production area, or (d) ship packaged olives...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.17] [Page 294] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.17 Producer. Producer means any person engaged in a proprietary capacity in the production of olives for market as packaged olives. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.18] [Page 294] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.18 Committee. Committee means the California Olive Committee established pursuant to Sec. 932.25. [47 FR 32906, July 30, 1982] ...


(a) Crop year means the 12-month period beginning on August 1 of each year and ending on July 31 of the following year or such other period that may be recommended...


Part means the Order Regulating the Handling of Olives Grown in California and all rules and regulations, and supplementary orders issued thereunder. The aforesaid...


District means any of the following geographical areas of the State of California: (a) District 1 shall include the counties of Glenn, Tehama, and Shasta. (b) District...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR932.22] [Page 294] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 932_OLIVES GROWN IN CALIFORNIA--Table of Contents Subpart_Order Regulating Handling Sec. 932.22 Sublot. Sublot means a quantity of olives resulting from the separation by the handler of a lot into two or more parts. [36 FR 20356, Oct. 21, 1971] ...


use size olives. Undersize olives means olives of a size which, pursuant to Sec. 932.51(a)(3), shall be disposed of in noncanning use; and limited use size...


Limited use means the use of processed olives in the production of packaged olives of the halved, segmented (wedged), sliced, or chopped styles, as defined in the U.S....


Noncanning use means the use of olives other than in the production of canned ripe olives, and is the authorized outlet for undersize olives and the limited use size...


A California Olive Committee consisting of 16 members, is hereby established to administer the terms and provisions of this part. Each member shall have an...


The term of office of members and alternate members of the committee shall be 2 years beginning on June 1 and ending on May 31 of odd numbered years: Provided, That the term...


Selection of members of the committee, and their respective alternates, shall be made in the appropriate numbers specified in Sec. 932.25 by the Secretary from nominees...


Each producer member of the committee shall, at the time of selection and during the member's term of office, be a producer in the district for which selected, and except...


(a) Producer members. (1) Nominations for producer members of the committee, and their respective alternates, may be conducted according to the following procedures, or...


An alternate for a member of the committee shall act in the place and stead of such member (a) during such member's absence, and (b) in the event of such member's...


If nominations for any position on the committee are not received by the Secretary by May 1 of the year in which nominations are to be made, the Secretary may select...


Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with the Secretary promptly after...


To fill any vacancy occasioned by the failure of any person selected as a member, or as an alternate member of the committee to qualify, or in...


The committee shall have the following powers: (a) To administer this subpart in accordance with its terms and provisions; (b) To make rules and regulations to effectuate...


The committee shall have, among others, the following duties: (a) To act as intermediary between the Secretary and any producer or handler; (b) To keep minutes, books,...


Decisions of the committee shall be by majority vote of the members present and voting, and a quorum must [[Page 298]] be present: Provided, That decisions requiring...


The members of the committee and alternates when acting as members or at the request of the committee or its chairman shall serve without compensation, but shall...


The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee for its maintenance and functioning and to enable...


(a) As each handler's pro rata share of the expenses which the Secretary finds are reasonable and likely to be incurred by the committee during a fiscal year, each handler...


(a) If, at the end of a fiscal year, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: ...


marketing research and development projects. (a) The following activities of the committee are authorized under this section. (1) The committee may, with...


At least 14 days prior to the start of each crop year (except that this period may be shortened by the committee not more than 5 days if warranted), the...


(a) Minimum standards for natural condition olives. (1) Except as otherwise provided in this section, no handler shall process any lot of natural condition olives...


(a) Minimum standards for packaged olives. No handler shall use processed olives in the production of packaged olives or ship such packaged olives unless they have...


(a) Each handler shall have the olives such handler handles inspected and certified as for conformance with all applicable requirements pursuant to Sec. Sec....


Transfers within the area of olives from one handler to another for further handling within the area are permitted. Whenever such a transfer of olives is made, the transferring...


(a) The provisions of this subpart shall not be applicable to processed olives on hand on the effective date of this subpart but only if the identity of such olives is maintained...


uses, shipments and creditable brand advertising. (a) Each handler shall file such reports of his acquisitions, sales, uses, and shipments of olives, as may...


Each handler shall maintain such records of olives acquired, held, and disposed of by such handler as may be prescribed by the committee and needed by it to perform its functions...


For the purpose of checking and verifying reports filed by handlers, the committee, through its duly authorized representatives, shall have access to any...


All reports and information submitted by handlers pursuant to the provisions of this part shall be received by, and at all times be in the custody of one or...


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


The members of the committee (including successors and alternates) and any agents or employees appointed or employed by the committee, shall be subject to removal...


The provisions of this subpart, as well as any amendments to this subpart, shall become effective at such time as the Secretary may declare, above his signature, and...


(a) The Secretary may, at any time, terminate the provisions of this subpart by giving at least one day's notice by means of a press release or in any other manner which he...


(a) Upon the termination of the provisions of this subpart, the members of the committee then functioning shall continue as joint trustees, for the purpose...


amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or any regulation issued pursuant thereto, or the issuance of...


The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of this subpart, except with respect to...


The Secretary may, by a designation in writing, name any person, including any officer or employee of the U.S. Government or name any service or division in the U.S. Department...


Nothing contained in this subpart is or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any...


No member or alternate member of the committee or any employee or agent thereof shall be held personally responsible, either individually or jointly with others, in any...


If any provision of this subpart is declared invalid or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of...


Noncanning olives means those olives which, pursuant to the requirements of [[Page 308]] Sec. 932.51(a)(2), are to be disposed of as other than...


the tree-ripened type. (a) Canned ripe olives of the tree-ripened type means packaged olives, not oxidized in processing, that are prepared from a lot or sublot of...


Pursuant to the authority in Sec. 932.35(k), commencing with the term of office beginning June 1, 1987, district means any of the following geographical areas of the State...


the committee. Pursuant to the authority in Sec. Sec. 932.25 and 932.35(k), commencing with the term of office beginning June 1, 1987, representation shall...


producer members. Members and alternate members on the Committee who represent producers shall be nominated in accordance with the procedures specified in...


member eligibility requirements and nomination procedures. (a) Eligibility requirements. (1) The public member and alternate public member shall not be...


(a) The committee shall impose a late payment charge on any handler whose assessment has not been received in the committee's office, or the envelope...


requirements for specified styles of canned olives of the ripe type. (a) Except as otherwise provided in this section, the minimum quality requirements prescribed...


requirements for canned green ripe olives. The minimum quality requirements prescribed in Sec. 932.52 (a)(1) of this part are hereby modified with...


(a) Inspection stations. Natural condition olives shall be sampled and size-graded only at inspection stations which shall be a plant of a handler or other place...


(a) Inspection stations. Processed olives shall be sampled and inspected only at an inspection station which shall be any olive processing plant having facilities...


quality and size requirements for processed olives for limited uses. (a) Minimum quality requirements. On or after August 1, 1996, any handler may use...


(a) Except as hereinafter provided in paragraph (b) of this section, Form COC-6 ``Report of Interhandler Transfer'' shall be completed by the transfering handler for all lots...


(a) The disposition of packaged olives covered by Sec. 932.152(d) which are not reprocessed, and new packaged olive products covered under paragraph (b) of...


Pursuant to Sec. 932.25, handler representation on the Committee is reallocated to provide that the two handlers who handled the largest and second...


(a) Reports of olives received. Each handler shall submit to the committee, on a form provided by the committee, for each week (Sunday through Saturday, or such other 7-day...


On and after January 1, 2003, an assessment rate of $13.89 per ton is established for California olives. [68 FR 23381, May 2, 2003] [[Page...


and Part 944-Fruits; Import Regulations, the importation into the United States of any avocados is prohibited on and after May 28, 1985, unless such avocados grade at least...


608e-1] of the Agricultural Marketing Agreement Act of 1937, as amended [7 U.S.C 601-674], and Part 944--Fruits; Import Regulations, the importation into the United States...


608e-1] of the Agricultural Marketing Agreement Act of 1937, as amended [7 U.S.C. 601- 674], and Part 944--Fruits; Import Regulations, the importation into the United...


the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C 601-674), and part 944--Fruits; Import Regulations, the importation into the United States of any oranges...


variety plums (fresh prunes), and table grapes, exempt from grade, size, quality, and maturity requirements. (a) Each person who imports: (1)...


certification of imported avocados, grapefruit, kiwifruit, oranges, prune variety plums (fresh prunes), and table grapes regulated under section 8e of the Agricultural...


in hermetically sealed containers and heat sterilized under pressure, of the two distinct types ``ripe'' and ``green-ripe'' as defined in the current U.S. Standards for...


Act and Part 944--Fruits, Import Regulations, the importation into the United States of any variety of Vinifera species table grapes, except Emperor, Calmeria, Almeria,...


Agreement Act of 1937, as amended, the importation into the United States of any kiwifruit is prohibited unless such kiwifruit meets all the requirements of the...


Marketing Agreement Act of 1937, as amended, the importation into the United States of any fresh prunes, other than the Brooks variety, during the period July 15...


Handling Sec. 945.1 Secretary. Source: 23 FR 5709, July 30, 1958, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. ...


Handling Sec. 945.2 Act. Act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act...


Handling Sec. 945.3 Person. Person means an individual, partnership, corporation, association, or any other...


Handling Sec. 945.4 Production area. Production area means all territory included within Malheur County, Oregon, and the counties of Adams, Valley,...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR945.5] [Page 336] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 945_IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 945.5 Potatoes. Potatoes means all varieties of Irish potatoes grown within the aforesaid production area. ...


Handling Sec. 945.6 Varieties. Varieties means and includes all classifications or subdivisions of Irish potatoes according to those...


Handling Sec. 945.7 Certified seed potatoes. Certified seed potatoes means and includes all potatoes officially certified and tagged, marked, or...


Handling Sec. 945.8 Handler. Handler is synonymous with shipper and means any person (except a common or contract carrier of potatoes owned by...


Handling Sec. 945.9 Ship or handle. Ship or handle means to pack, sell, consign, transport or in any other way to place potatoes grown in the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR945.10] [Page 336] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 945_IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 945.10 Producer. Producer means any person engaged in the production of potatoes for market. ...


Handling Sec. 945.11 Committee. Committee means the administrative committee, called the Idaho- Eastern Oregon Potato Committee, established pursuant...


Handling Sec. 945.12 Fiscal period. Fiscal period means the period beginning and ending on the dates approved by the Secretary pursuant to...


Handling Sec. 945.13 Grade and size. Grade means any one of the officially established grades of potatoes, and size means any one of the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR945.14] [Page 336] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 945_IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 945.14 Export. Export means shipment of potatoes beyond the boundaries of continental United States. ...


Handling Sec. 945.15 Pack. Pack means a quantity of potatoes in any type of container and which falls within specific weight limits or within...


Handling Sec. 945.16 Container. Container means a sack, box, bag, crate, hamper, basket, carton, package, barrel, or any other type of receptacle used...


Handling Sec. 945.17 District. District means each of the geographical divisions of the production area established pursuant to Sec. 945.22 or...


Handling Sec. 945.20 Establishment and membership. (a) The Idaho-Eastern Oregon Potato Committee is hereby established consisting of eight members,...


Handling Sec. 945.21 Term of office. (a) Except as otherwise provided in this section, the term of office of committee members and alternates shall be...


Handling Sec. 945.22 Districts. For the purpose of selecting committee members and alternate members, the following districts of the production...


Handling Sec. 945.23 Redistricting and reapportionment. (a) The Secretary, upon recommendation of the committee, may reestablish districts within...


Handling Sec. 945.24 Selection. Members and alternates of the committee shall be selected by the Secretary on the basis specified in Sec. 945.23 (b)...


Handling Sec. 945.25 Nominations. For the selection by the Secretary of the members and alternates of the Idaho-Eastern Oregon Potato...


Handling Sec. 945.26 Failure to nominate. If nominations are not made within the time and in the manner specified by the Secretary pursuant to Sec....


Handling Sec. 945.27 Acceptance. Any person nominated to serve on the committee as a member or as an alternate shall qualify by filing a statement...


Handling Sec. 945.28 Vacancies. To fill any vacancy occasioned by the failure of any person selected as a committee member or as an alternate to...


Handling Sec. 945.29 Alternate members. An alternate member of the committee shall act in the place and stead of the member for whom he is an...


Handling Sec. 945.30 Procedure. (a) A simple majority of all members of the committee, including alternates acting for members, shall be necessary...


Handling Sec. 945.31 Expenses. Committee members and alternates shall be reimbursed for reasonable expenses necessarily incurred by them in...


Handling Sec. 945.32 Powers. The committee shall have the following powers: (a) To administer the provisions of this subpart in accordance...


Handling Sec. 945.33 Duties. It shall be the duty of the committee: (a) To act as intermediary between the Secretary and any producer...


Handling Sec. 945.40 Expenses. The committee is authorized to incur such expenses as the Secretary may find are reasonable and likely to be...


Handling Sec. 945.41 Budget. At the beginning of each fiscal period, and as may be necessary thereafter, the committee shall prepare an...


Handling Sec. 945.42 Assessments. (a) The funds to cover the committee's expenses pursuant to Sec. 945.40 shall be acquired by the levying of...


Handling Sec. 945.43 Accounting. (a) All funds received by the committee pursuant to the provisions of this part shall be used solely for the...


Handling Sec. 945.44 Excess funds. (a) The funds remaining at the end of a fiscal period which are in excess of the expenses necessary for...


Handling Sec. 945.50 Marketing policy. (a) Preparation. Prior to or at the same time as recommendations are made pursuant to Sec. 945.51, the...


Handling Sec. 945.51 Recommendation for regulations. Whenever the committee deems it advisable that the handling of potatoes be regulated pursuant to...


Handling Sec. 945.52 Issuance of regulations. (a) The Secretary shall limit the handling of potatoes whenever he finds from the recommendations...


Handling Sec. 945.53 Shipments for specified purposes. Whenever the Secretary finds, upon the basis of the recommendations and information submitted...


Handling Sec. 945.54 Minimum quantity exemption. The committee, with the approval of the Secretary, may establish, for any or all portions of...


Handling Sec. 945.55 Notification of regulation. The Secretary shall notify the committee of any regulations issued or of any modifications,...


Handling Sec. 945.56 Safeguards. (a) The committee, with the approval of the Secretary, may prescribe adequate safeguards to prevent shipments pursuant...


Handling Sec. 945.65 Inspection and certification. (a) During any period in which regulations are in effect pursuant to Sec. 945.42, Sec. 945.52,...


Handling Sec. 945.70 Compliance. Except as provided in this part, no handler shall ship potatoes, the shipment of which has been prohibited by...


Handling Sec. 945.80 Reports. (a) Upon the request of the committee, with approval of the Secretary, every handler shall furnish to the committee, in...


Handling Sec. 945.81 Right of the Secretary. The members of the committee (including successors and alternates), and any agent or employee appointed...


Handling Sec. 945.82 Effective time. The provisions of this subpart shall become effective at such time as the Secretary may declare above his...


Handling Sec. 945.83 Termination. (a) The Secretary may, at any time, terminate the provision of this subpart by giving at least one day's notice by...


Handling Sec. 945.84 Proceedings after termination. (a) Upon the termination of the provisions of this subpart the then functioning members of...


Handling Sec. 945.85 Effect of termination or amendments. (a) Unless otherwise expressly provided by the Secretary, the termination of this subpart...


Handling Sec. 945.86 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease...


Handling Sec. 945.87 Agents. The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or...


Handling Sec. 945.88 Derogation. Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of...


Handling Sec. 945.89 Personal liability. No member or alternate of the committee, nor any employee or agent thereof, shall be held personally...


Handling Sec. 945.90 Separability. If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance,...


Handling Sec. 945.91 Amendments. Amendments to this subpart may be proposed, from time to time, by the committee or by...


Regulations Sec. 945.100 Communications. Source: 24 FR 8688, Oct. 27, 1959, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30,...


Regulations Sec. 945.110 Order. Order means Order No. 945, as amended, effective September 1, 1958 (Sec. Sec. 945.1 through 945.91) regulating the...


Regulations Sec. 945.111 Fiscal period. The fiscal period that began June 1, 1981, shall end July 31, 1982. Each year thereafter fiscal period shall mean...


Regulations Sec. 945.112 Terms. Terms used in this subpart shall have the same meaning as when used in the marketing agreement and order, both...


Regulations Sec. 945.120 General. Whenever shipments of potatoes for special purposes pursuant to Sec. 945.53 are relieved in whole or in part from...


Regulations Sec. 945.121 Qualification. Before handling potatoes for special purposes which do not meet regulations issued pursuant to Sec. 945.52 a...


Regulations Sec. 945.122 Application. (a) Application for a Certificate of Privilege shall be made on forms furnished by the committee. Each application...


Regulations Sec. 945.123 Approval. The committee or its duly authorized agents shall give prompt consideration to each application for a Certificate...


Regulations Sec. 945.124 Reports. Each handler of potatoes shipping under Certificates of Privilege shall supply the committee with reports as requested...


Regulations Sec. 945.125 Disqualification. The committee from time to time may conduct surveys of handling of potatoes for special purposes...


Sec. 945.249 Assessment rate. On and after August 1, 2003, an assessment rate of $0.0045 per hundredweight is established for...


Sec. 945.341 Handling regulation. No person shall handle any lot of potatoes unless such potatoes meet the requirements of paragraphs...


Source: 17 FR 2912, Apr. 4, 1952, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. Definitions ...


Act means Public Act No. 10, 73d Congress, as amended and reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U.S.C....


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR946.3] [Page 352] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 946_IRISH POTATOES GROWN IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 946.3 Person. Person means an individual, partnership, corporation, association, legal representative, or any organized group or business unit. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR946.4] [Page 352] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 946_IRISH POTATOES GROWN IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 946.4 Production area. Production area means all territory included within the boundaries of the State of Washington. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR946.5] [Page 352] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 946_IRISH POTATOES GROWN IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 946.5 Potatoes. Potatoes means all varieties of Irish potatoes grown within the State of Washington. ...


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


Handle is synonymous with ship and means to transport, sell, or in any other way to place potatoes grown in the State of Washington, or cause such potatoes to be placed, in...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR946.8] [Page 352] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 946_IRISH POTATOES GROWN IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 946.8 Producer. Producer means any person engaged in the production of potatoes for market. ...


Fiscal period means the period beginning on July 1 of each year and ending June 30 of the following year, or such other period as the Secretary may establish pursuant...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR946.10] [Page 352] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 946_IRISH POTATOES GROWN IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 946.10 Committee. Committee means the administrative committee, called the State of Washington Potato Committee, established pursuant to Sec. 946.22. ...


Varieties means and includes all classifications or subdivisions of Irish potatoes according to those definitive characteristics now or hereafter recognized by the...


Seed potatoes means and includes all potatoes officially certified and tagged, marked or otherwise appropriately identified under the supervision of the official...


Grade means any one of the officially established grades of potatoes, and size means any one of the officially established sizes of potatoes as defined and set...


Grading is synonymous with preparing for market which means the sorting or separating of potatoes into grades and sizes for market purposes. [37 FR 10916, June...


Export means shipment of potatoes beyond the boundaries of the 48 contiguous States of the United States, or the District of Columbia. [37 FR 10916, June...


District means each one of the geographical divisions of the production area established pursuant to Sec. 946.31. [17 FR 2912, Apr. 4, 1952. Redesignated at 26 FR...


membership. The State of Washington Potato Committee consisting of fifteen members, of whom ten shall be producers and five shall be handlers, is hereby established....


An alternate member of the committee shall act in the place and stead of the member for whom he is an alternate, during such member's absence. In the event of...


(a) Nine members of the committee shall be necessary to constitute a quorum and nine concurring votes will be required to pass any motion or approve any committee action. ...


(a) Persons selected as committee members or alternates to represent producers shall be individuals who are producers in the respective district for which selected,...


Any person selected by the Secretary as a committee member or as an alternate shall qualify by filing a written acceptance with the Secretary within ten days after...


(a) The term of office of committee members and alternates shall be for 3 years beginning on the 1st day of July and continuing until their successors are selected...


The committee shall have the following powers: (a) To administer the provisions of this subpart in accordance with its terms; (b) To make rules and regulations...


It shall be the duty of the committee: (a) At the beginning of each fiscal year, to meet and organize, to select a chairman and such other officers as may be necessary,...


Committee members and their respective alternates when acting on committee business shall be reimbursed for reasonable expenses necessarily incurred by them...


(a) For the purpose of determining the basis for selecting committee members, the following districts of the production area are hereby initially...


The Secretary may select the members of the State of Washington Potato Committee and their respective alternates from nominations which may be made in the...


To fill any vacancy occasioned by the failure of any person selected as a committee member or as an alternate to qualify, or in the event of the death, removal, resignation,...


The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by it during each fiscal period for its maintenance...


Each handler shall pay to the committee upon demand, his pro rata share of the expenses authorized by the Secretary for each fiscal period. Each handler's pro rata...


(a) Excess funds. At the end of a fiscal period, funds in excess of the year's expenses shall be placed in an operating reserve not to exceed...


All funds received by the committee pursuant to any provisions of this subpart shall be used solely for the purposes specified in this subpart and shall be accounted for in...


(a) Prior to each marketing season, the committee shall consider and prepare a policy statement for the marketing of potatoes. In developing its marketing policy,...


regulations. The committee shall recommend to the Secretary regulations, or amendments, modifications, suspension, or termination thereof, whenever it finds...


(a) The Secretary shall limit the shipment of potatoes as set forth in this subpart whenever he finds from the recommendation and information submitted by...


The committee, with the approval of the Secretary, may establish, for any or all portions of the production area, minimum quantities below which shipments will be...


purposes. (a) Whenever the Secretary finds, upon the basis of the recommendations and information submitted by the committee, or from other available...


(a) The committee, with the approval of the Secretary, may prescribe adequate safeguards to prevent shipments pursuant to Sec. 946.54 from entering channels of trade...


certification. (a) During any period in which the Secretary regulates the shipment of potatoes pursuant to the provisions of this subpart, each handler who first...


The provisions of this subpart shall become effective at such time as the Secretary may declare above his signature attached to this subpart, and shall continue in...


(a) The Secretary may, at any time, terminate the provisions of this subpart by giving at least one day's notice by means of a press release or in any other manner...


termination. (a) Upon the termination of the provisions of this subpart, the then functioning members of the committee shall continue as trustees, for the purpose...


amendment. Unless otherwise expressly provided by the Secretary the termination of this subpart or of any regulation issued pursuant to this subpart, or...


(a) Upon the request of the committee, with the approval of the Secretary, every handler shall furnish to the committee in such manner and at such time as may...


Except as provided in this subpart, no handler shall ship potatoes, the shipment of which has been prohibited by the Secretary in accordance with provisions of this...


The members of the committee (including successors and alternates), and any agent or employee appointed or employed by the committee, shall be subject to...


The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of this subpart, except, with...


The Secretary may, by designation in writing, name any person, including any officer or employee of the Government or name any bureau or division in the United States...


Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise...


No member or alternate of the committee, nor any employee or agent thereof, shall be held personally responsible, either individually or jointly with others, in...


If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR946.78] [Page 361] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 946_IRISH POTATOES GROWN IN WASHINGTON--Table of Contents Subpart_Order Regulating Handling Sec. 946.78 Amendments. Amendments to this subpart may be proposed, from time to time, by the committee or by the Secretary. ...


Definitions Order means Order No. 946 (Sec. Sec. 946.1 to 946.78), as amended, regulating the handling of Irish potatoes grown in the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR946.101] [Page 361] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 946_IRISH POTATOES GROWN IN WASHINGTON--Table of Contents Subpart_Rules and Regulations Sec. 946.101 Marketing agreement. Marketing agreement means Marketing Agreement No. 113, as amended. [39 FR 1972, Jan. 16, 1974] ...


Terms used in this subpart shall have the same meaning as set forth in said marketing agreement and order. [22 FR 8177, Oct. 16, 1957. Redesignated at 26 FR 12751, Dec....


districts. (a) Pursuant to Sec. 946.31, on and after July 1, 1975, the following new districts are established: (1) District No. 1--the counties of...


committee membership. (a) Pursuant to Sec. 946.25(c), membership representation of the State of Washington Potato Committee shall be reapportioned among the...


(a) Whenever shipments for special purposes pursuant to Sec. 946.54 are relieved in whole or in part from regulations issued under Sec. 946.52, each handler desiring...


The committee, or its duly authorized agents, shall give prompt consideration to each applicant for a special purpose certificate. Upon approval of the application, a...


Each handler shipping potatoes under and pursuant to a special purpose certificate shall supply to the committee, upon request, a report thereon showing the name and...


The committee may rescind a special purpose certificate issued to a handler for the purpose specified in Sec. 946.120(a), or deny such special purpose certificates...


Any handler whose packing facilities are located in an area where a Washington State Department of Agriculture, Plant Industry Division Office or Federal-State Inspector...


The committee, or its duly authorized agents, shall give prompt consideration to each application for an inspection modification permit. Approval of an application shall...


Each handler shipping potatoes pursuant to an inspection modification permit shall report periodically as specified by the committee on forms furnished by the committee...


Whenever the committee finds that shipments of potatoes pursuant to an inspection modification permit are not in accordance with the application provisions of the...


for commercial processing into products. Pursuant to Sec. 946.54(a)(6), shipments of potatoes for commercial processing into products may be made only in accordance...


interest charge. The Committee shall impose an interest charge on any handler who fails to pay his or her assessment within thirty (30) days of the billing date shown...


(a) The Committee, with the approval of the Secretary, may carry over excess funds into subsequent fiscal periods as an operating reserve: Provided, That funds in...


On and after July 1, 1997, an assessment rate of $0.002 per hundredweight is established for Washington potatoes. [61 FR 20121, May 6, 1996, as amended at 62...


No person shall handle any lot of potatoes unless such potatoes meet the requirements of paragraphs (a), (b), (c), and (g) of this section or unless...


Subpart_Order Regulating Handling Sec. 947.1 Secretary. Source: 20 FR 7068, Sept. 21, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec....


Subpart_Order Regulating Handling Sec. 947.2 Act. Act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the...


Subpart_Order Regulating Handling Sec. 947.3 Person. Person means an individual, partnership, corporation, association, or any organized group or...


Subpart_Order Regulating Handling Sec. 947.4 Production area. Production area means and includes Modoc and Siskiyou Counties in the State of...


Subpart_Order Regulating Handling Sec. 947.5 Potatoes. Potatoes means all varieties of Irish potatoes grown within the aforesaid...


Subpart_Order Regulating Handling Sec. 947.6 Handler. Handler is synonymous with shipper and means any person (except a common or contract carrier...


Subpart_Order Regulating Handling Sec. 947.7 Handle. Handle is synonymous with ship and means to sell, transport, or in any other way to...


Subpart_Order Regulating Handling Sec. 947.8 Producer. Producer is synonymous with grower and means any person engaged in a proprietary capacity in...


Subpart_Order Regulating Handling Sec. 947.9 Fiscal period. Fiscal period means the period beginning and ending on the dates approved by the...


Subpart_Order Regulating Handling Sec. 947.10 Committee. Committee means the administrative committee, called the Oregon- California Potato...


Subpart_Order Regulating Handling Sec. 947.11 Varieties. Varieties means and includes all classifications or subdivisions of Irish potatoes according...


Subpart_Order Regulating Handling Sec. 947.12 Seed potatoes. Seed potatoes means and includes all potatoes officially certified and tagged, marked...


Subpart_Order Regulating Handling Sec. 947.14 Pack. Pack means a unit of potatoes in any type of container and which falls within specific weight...


Subpart_Order Regulating Handling Sec. 947.15 Grade and size. Grade means any one of the officially established grades of potatoes, and size means any...


Subpart_Order Regulating Handling Sec. 947.16 Grading. Grading is synonymous with preparing for market which means the sorting or separating of...


Subpart_Order Regulating Handling Sec. 947.17 Export. Export means shipment of potatoes beyond the boundaries of continental...


Subpart_Order Regulating Handling Sec. 947.18 District. District means each one of the geographical divisions of the production area...


Subpart_Order Regulating Handling Sec. 947.25 Establishment and membership. (a) The Oregon-California Potato Committee consisting of 14 members, of...


Subpart_Order Regulating Handling Sec. 947.26 Procedure. (a) Nine members of the committee shall be necessary to constitute a quorum and nine...


Subpart_Order Regulating Handling Sec. 947.27 Selection. (a) Persons selected as committee members or alternates to represent producers or handlers...


Subpart_Order Regulating Handling Sec. 947.28 Term of office. (a) Except as otherwise provided in this section, the term of office of committee...


Subpart_Order Regulating Handling Sec. 947.29 Powers. The committee shall have the following powers: (a) To administer the provisions of...


Subpart_Order Regulating Handling Sec. 947.30 Duties. It shall be the duty of the committee: (a) At the beginning of each fiscal period, to meet...


Subpart_Order Regulating Handling Sec. 947.31 Expenses and compensation. Committee members and their respective alternates when acting on...


Subpart_Order Regulating Handling Sec. 947.32 Districts. (a) The following districts of the production area are hereby established...


Subpart_Order Regulating Handling Sec. 947.33 Nominations. The Secretary may select the members of the Oregon-California Potato Committee and...


Subpart_Order Regulating Handling Sec. 947.34 Vacancies. To fill any vacancy occasioned by the failure of any person selected as a committee member or...


Subpart_Order Regulating Handling Sec. 947.35 Annual report. The committee shall prepare and submit to the Secretary, within 2 months following...


Subpart_Order Regulating Handling Sec. 947.40 Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable...


Subpart_Order Regulating Handling Sec. 947.41 Assessments. (a) Each handler shall pay to the committee upon demand his pro rata share of the...


Subpart_Order Regulating Handling Sec. 947.47 Research and development. The committee, with the approval of the Secretary, may provide for...


Subpart_Order Regulating Handling Sec. 947.50 Marketing policy. (a) Preparation. Prior to each marketing season the committee shall consider...


Subpart_Order Regulating Handling Sec. 947.51 Recommendations for regulations. The committee shall recommend to the Secretary grade, size, quality,...


Subpart_Order Regulating Handling Sec. 947.52 Issuance of regulations. (a) The Secretary shall limit the shipment of potatoes as set forth in this...


Subpart_Order Regulating Handling Sec. 947.53 Minimum quantities. The committee, with the approval of the Secretary, may establish, for any or...


Subpart_Order Regulating Handling Sec. 947.54 Shipments for specified purposes. (a) Whenever the Secretary finds, upon the basis of...


Subpart_Order Regulating Handling Sec. 947.55 Safeguards. (a) The committee, with the approval of the Secretary, may prescribe adequate safeguards...


Subpart_Order Regulating Handling Sec. 947.60 Inspection and certification. (a) During any period in which the handling of potatoes is...


Subpart_Order Regulating Handling Sec. 947.65 Procedure. The committee may adopt, subject to approval of the Secretary, the procedures pursuant to...


Subpart_Order Regulating Handling Sec. 947.66 Granting exemptions. (a) The committee may issue certificates of exemption to any producer who applies...


Subpart_Order Regulating Handling Sec. 947.67 Appeal. If any applicant for exemption certificates is dissatisfied with the determination by the...


Subpart_Order Regulating Handling Sec. 947.68 Review, records, and reports of exemptions. (a) The Secretary shall have the right to modify, change, alter,...


Subpart_Order Regulating Handling Sec. 947.70 Effective time. (a) The provisions of this subpart shall become effective at such time as the...


Subpart_Order Regulating Handling Sec. 947.71 Termination. (a) The Secretary may at any time terminate the provisions of this subpart by giving at...


Subpart_Order Regulating Handling Sec. 947.72 Proceedings after termination. (a) Upon the termination of the provisions of this subpart, the...


Subpart_Order Regulating Handling Sec. 947.73 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination...


Subpart_Order Regulating Handling Sec. 947.80 Reports. (a) Upon the request of the committee, with the approval of the Secretary, each handler...


Subpart_Order Regulating Handling Sec. 947.81 Compliance. Except as provided in this subpart, no handler shall handle potatoes, the handling of which...


Subpart_Order Regulating Handling Sec. 947.82 Right of the Secretary. The members of the committee (including successors and alternates), and any agent...


Subpart_Order Regulating Handling Sec. 947.83 Duration of immunities. The benefits, privileges, and immunities conferred upon any persons by virtue...


Subpart_Order Regulating Handling Sec. 947.84 Agents. The Secretary may, by designation in writing, name any person, including any officer or employee...


Subpart_Order Regulating Handling Sec. 947.85 Derogation. Nothing contained in this subpart is, or shall be construed to be, in derogation or...


Subpart_Order Regulating Handling Sec. 947.86 Personal liability. No member or alternate of the committee, nor any employee or agent thereof, shall...


Subpart_Order Regulating Handling Sec. 947.87 Separability. If any provision of this subpart is declared invalid, or the applicability thereof to...


Subpart_Order Regulating Handling Sec. 947.88 Amendments. Amendments to this subpart may be proposed from time to time, by the committee or by...


Subpart_Rules and Regulations Sec. 947.100 Communications. Source: 22 FR 8176, Oct. 16, 1957, unless otherwise noted. Redesignated at 26 FR 12751,...


Subpart_Rules and Regulations Sec. 947.110 Order. Order means Order No. 947, as amended (Sec. Sec. 947.1 to 947.88), regulating the handling of...


Subpart_Rules and Regulations Sec. 947.111 Marketing agreement. Marketing agreement means Marketing Agreement No. 114,...


Subpart_Rules and Regulations Sec. 947.112 Terms. Terms used in this subpart shall have the same meaning as when used in said marketing agreement...


Subpart_Rules and Regulations Sec. 947.113 Area determinations. Immediate production area, and immediate shipping area, respectively, are...


Subpart_Rules and Regulations Sec. 947.114 Fiscal period. The fiscal period shall begin July 1 of each year and end June 30 of the following year,...


Subpart_Rules and Regulations Sec. 947.120 Hardship exemption. Handlers seeking an exemption pursuant to the provisions of Sec. Sec....


Subpart_Rules and Regulations Sec. 947.123 Reports and records. Any person handling potatoes under Sec. 947.120 shall record and report shipments...


Subpart_Rules and Regulations Sec. 947.130 Special Purpose Certificates--application and issuance. Each person handling potatoes for special purposes...


Subpart_Rules and Regulations Sec. 947.132 Reports. (a) Immature potatoes. The applicant shall identify the producer and the dates on which...


Subpart_Rules and Regulations Sec. 947.133 Denial and appeals. (a) The committee may suspend a handler's Special Purpose Certificate for a period of...


Subpart_Rules and Regulations Sec. 947.134 Establishment of list of manufacturers of potato products. (a) The committee shall establish and maintain in...


Subpart_Rules and Regulations Sec. 947.141 Late payment and interest charges. The committee shall impose a late payment charge on any handler...


Subpart_Rules and Regulations Sec. 947.150 Reestablishment of districts. Pursuant to Sec. 947.32(b) and the recommendation of the...


Subpart_Rules and Regulations Sec. 947.160 Reapportionment of committee membership. (a) Pursuant to Sec. 947.32(b), the membership of...


Subpart_Assessment Rates Sec. 947.247 Assessment rate. On and after July 1, 1997, an assessment rate of $0.004 per hundredweight is...


Subpart_Handling Regulations Sec. 947.340 Handling regulation. No person shall handle any variety of potatoes grown in the production...


Source: 25 FR 7092, July 27, 1960, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. Definitions ...


Act means Public Act No. 10 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (sections 1-19, 48 Stat. 31, as...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.3] [Page 385] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Order Regulating Handling Sec. 948.3 Person. Person means an individual, partnership, corporation, association, legal representative, or any organized group or business unit of individuals. ...


Area means any of the subdivisions of the State of Colorado as set forth in this section or as reestablished pursuant to Sec. 948.53. (a) Area No. 1, commonly known as the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.5] [Page 385] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Order Regulating Handling Sec. 948.5 Potatoes. Potatoes means and includes all varieties of Irish potatoes grown within any of the aforesaid areas. ...


Seed potatoes or seed means any potatoes which have been certified by the official seed certification agency of the State of Colorado and bear the official tags, seals,...


Handler is synonymous with shipper and means any person, except a common or contract carrier of potatoes owned by another person, who...


Handle or ship means to transport, sell, or in any way to place potatoes in the current of the commerce between the State of Colorado and any point...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.9] [Page 385] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Order Regulating Handling Sec. 948.9 Producer. Producer means any person engaged in the production of potatoes for market. ...


Fiscal period means the period beginning and ending on the dates approved by the Secretary pursuant to recommendations by an...


Grade, means any of the officially established grades of potatoes, Size means any of the officially established sizes of potatoes, and Maturity means any of...


Varieties means all classifications or subdivisions of Irish potatoes according to those definitive characteristics now or hereafter recognized by the United States Department...


Pack means a quantity of potatoes in any type of container, which falls within specific weight limits, numerical limits, grade limits, or any combination of these recommended by...


Container means a sack, bag, crate, box, basket, barrel, or bulk load or any other receptacle used in the packaging, transportation, or sale...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.15] [Page 386] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Order Regulating Handling Sec. 948.15 Culls. Culls means potatoes which do not meet the requirements set forth in Sec. 948.20. ...


Committee means any of the area committees established pursuant to Sec. 948.50 or the Colorado Potato Committee established pursuant to Sec....


Export means the shipment of potatoes to any destination which is not within the 48 contiguous States, or the District of Columbia, of the United States. ...


(a) General cull regulation. (1) It shall be the marketing policy for the production area to maintain a general cull regulation in effect prohibiting the handling...


regulations. An area committee upon complying with the requirements of Sec. 948.20 may recommend regulations, or modifications, suspension or termination thereof,...


regulations. (a) The Secretary shall limit by regulation the handling of potatoes whenever he finds from recommendations and information submitted by an area committee,...


purposes. Upon the basis of recommendations and information submitted by an area committee, or other available information, the Secretary, whenever he finds that...


(a) Each area committee, with the approval of the Secretary, shall prescribe adequate safeguards for potatoes handled pursuant to Sec. 948.23 from entering trade channels...


Any producer whose potatoes have been adversely affected by acts beyond the control or reasonable expectation of a prudent grower and who, by...


Rules and procedures for granting exemptions may be issued by the Secretary, upon recommendation of area committees. Such rules and procedures may provide for methods...


An area committee may issue certificates of exemption to any qualified applicant who furnishes adequate evidence to such committee: (a) That the grade, size,...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.31] [Page 388] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Order Regulating Handling Sec. 948.31 Investigation. An area committee shall be permitted at any time to make a thorough investigation of any applicant's claim pertaining to exemptions. ...


If any applicant for exemption certificates is dissatisfied with the determination by an area committee with respect to his application, he may file an appeal with the...


The committee, with the approval of the Secretary, may provide for the establishment of marketing research and development projects designed to assist, improve,...


certification. (a) During any period in which the handling of potatoes is regulated pursuant to Sec. 948.20 through Sec. 948.24, inclusive, no handler shall...


A committee is hereby established as an administrative agency for each area. Each area committee shall be comprised of members and alternates as set forth in this...


The Colorado Potato Committee is hereby established consisting of six members, with alternates. Two members and alternates shall be selected from each...


(a) For each committee member there shall be an alternate who shall have the same qualifications. During a member's absence, or when called upon to do so in accordance with...


Areas, subdivisions of areas, the distribution of representation among the subdivision of areas, or among marketing organizations within respective areas may...


Area committee members and alternates shall be individuals who shall be residents of, and producers or handlers, as the case may be, in the respective area. Also, each...


The term of office of each area committee member and alternate shall be for two years. The term of office for Colorado Potato Committee members and alternates shall be...


(a) Each area committee shall hold or cause to be held, not less than 15 days prior to the expiration date of respective terms of office, meetings of producers...


If nominations are not made pursuant to the provisions of Sec. 948.56 by the date provided therein, the Secretary may, without regard to nominations, select...


To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate to qualify, [[Page 391]] or in the event of the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.59] [Page 391] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Order Regulating Handling Sec. 948.59 Qualification. Each person selected as a member or as an alternate shall qualify by promptly filing a written acceptance with the Secretary. ...


expenses. (a) Members of each area committee and their alternates shall serve without salary, but may be compensated at a rate not in excess of $10 per day while engaged...


(a) A majority of all members of a committee shall be necessary to constitute a quorum or to pass and motion or approve any committee action. (b) Each committee...


Each committee shall have the following powers: (a) To administer the provisions of this subpart as specified herein; (b) To make rules and regulations to effectuate...


(a) Each committee shall: (1) Meet and organize as soon as practical after the beginning of each term of office, select a chairman and such other officers' as may...


Each area committee is authorized to incur such expenses as the Secretary may find are reasonable and likely to be incurred during each fiscal period for its maintenance...


As soon as practicable after the beginning of each fiscal period and as may be necessary thereafter, each area committee shall prepare an estimated budget of income and...


(a) The funds to cover each area committee's expenses shall be acquired by the levying of assessments upon handlers as provided in this subpart. Each handler who first...


(a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of...


Upon request of an area committee or of the Colorado Potato Committee through an area committee, each handler within the respective area of such area committee shall furnish...


Except as provided in this subpart, no handler shall handle potatoes, the handling of which has been prohibited by the Secretary in accordance with provisions of this...


The members of each area committee (including successors and alternates) and any agent or employee appointed or employed by any committee shall be subject to...


The provisions of this subpart or any amendments thereto shall become effective at such time as the Secretary may declare and shall continue in force until terminated in...


(a) The Secretary may at any time terminate any or all provisions of this subpart by giving at least one day's notice by means of a press release or in any other manner...


termination. (a) Upon the termination of the provisions of this subpart the then functioning members of each area committee shall continue as joint trustees for...


amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart or...


The benefits, privileges and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of this subpart, except with respect...


The Secretary may, by designation in writing, name any person, including any officer or employee of the United States or name any agency in the United States Department...


Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any...


No member or alternate of any committee or any employee or agent thereof, shall be held personally responsible, either individually or jointly with others, in any...


If any provision of this subpart is declared invalid or the applicability thereof to any person, circumstance or thing is held invalid, the validity of the remainder of...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.92] [Page 395] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Order Regulating Handling Sec. 948.92 Amendments. Amendments to this subpart may be proposed from time to time by a committee or by the Secretary. ...


General Source: 26 FR 5219, June 10, 1961, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. Order means...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR948.101] [Page 395] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 948_IRISH POTATOES GROWN IN COLORADO--Table of Contents Subpart_Rules and Regulations Sec. 948.101 Terms. The terms used in this subpart shall have the same meaning as when used in Sec. Sec. 948.1 to 948.92. ...


Unless otherwise provided in Sec. Sec. 948.1 to 948.92, or by specific direction of an area committee, all reports, applications, submittals, requests...


Pursuant to Sec. 948.10, the fiscal periods for each area shall be as follows: (a) Area No. 1 and Area No. 3 shall begin July 1 and end June 30, of the...


(a) Pursuant to Sec. 948.55, the two-year term of office for area committee members and alternates shall be as follows: (1) Area No. 1 and Area No. 2 shall begin June...


Whenever shipments of potatoes for special purposes under Sec. 948.23 are relieved in whole or in part from grade and size regulations issued under Sec. 948.22 the...


Before handling potatoes for special purposes which do not meet regulations issued under Sec. 948.22 a handler must qualify with the committee to handle shipments...


(a) Application for Certificate of Privilege shall be made in person, by telephone, or on forms furnished by the committee. Each application may contain, but need not...


The committee or its duly authorized agents shall give prompt consideration to each application for a Certificate of Privilege. Approval of an application based upon...


Each handler of potatoes shipping under Certificates of Privilege shall supply the committee with reports as requested by the committee or its duly authorized agents showing...


The committee from time to time may conduct surveys of handling of potatoes for special purposes requiring Certificates of Privilege to determine whether handlers...


(a) No handler shall handle potatoes grown in the State of Colorado which do not meet the requirements of U.S. No. 2 or better grade, or are less than 1\1/2\...


exemption certificates. Any producer applying for exemption from any grade and size regulation issued under Sec. 948.22 shall make application to the respective...


reports. Each application for exemption shall be accompanied by a written report of a Federal-State Inspector, which shall contain the following: (a) A...


(a) The respective area committee receiving an application for exemption shall give prompt consideration thereto and determine on the basis of...


Any handler whose packing facilities are located in an area where inspection is not readily available or the actual cost for inspection would otherwise exceed 1\1/3\ times...


Each respective area committee shall give prompt consideration to each application for a waiver from reinspection. In granting a waiver, the handler shall agree to comply with...


Each handler shipping potatoes pursuant to a waiver from reinspection shall report periodically as specified by the respective area committee...


Whenever the respective area committee finds that shipments of potatoes pursuant to a reinspection waiver are not in accordance with the established application and...


committee membership. Pursuant to Sec. 948.53, membership on each area committee shall be reestablished as follows: (a) Area No. 2 (San Luis Valley): Nine...


membership. The Colorado Potato Committee shall be comprised of six members and alternates selected by the Secretary. Three members and three alternates shall...


area. Pursuant to Sec. 948.53, Area No. 2 is reestablished as follows: Area No. 2 (San Luis Valley) includes and consists of the counties of Chaffee,...


collections. (a) Each handler's assessment account with Area No. 2 (San Luis Valley) Committee shall become due and payable upon presentation of a statement thereof...


On and after July 1, 2003, an assessment rate of $0.03 per hundredweight is established for Colorado Area No. 3 potatoes. [68 FR 52334, Sept. 3,...


On and after September 1, 2003, an assessment rate of $0.0051 per hundredweight is established for Colorado Area No. 2 potatoes. [68 FR 53283, Sept....


No person shall handle any lot of potatoes grown in Area No. 2 unless such potatoes meet the requirements of paragraphs (a), (b), and (c) of this section,...


On and after August 1, 1982, no person shall handle any lot of potatoes grown in Area No. 3 unless such potatoes meet the requirements of paragraphs (a), (b),...


Definitions Secretary means the Secretary of Agriculture of the United States, or any other officer or member of the...


Act means Public Act No. 10, 73d Congress, as amended and as re- enacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601...


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


Production area means and includes the counties of Accomack, Northampton, Nansemond, James City, the cities of Chesapeake and Virginia Beach in the State...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR953.5] [Page 403] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 953_IRISH POTATOES GROWN IN SOUTHEASTERN STATES--Table of Contents Subpart_Order Regulating Handling Sec. 953.5 Potatoes. Potatoes means all varieties of Irish potatoes grown in the production area. ...


Handler is synonymous with shipper and means any person (except a common or contract carrier of potatoes owned by another person) who ships potatoes in fresh form,...


Ship is synonymous with handle and means to transport, sell, or in any [[Page 404]] manner place potatoes in the current of interstate commerce or so...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR953.8] [Page 404] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 953_IRISH POTATOES GROWN IN SOUTHEASTERN STATES--Table of Contents Subpart_Order Regulating Handling Sec. 953.8 Producer. Producer means any person engaged in the production of potatoes for market. ...


Fiscal period means the period beginning and ending on the dates approved by the Secretary pursuant to recommendations by the committee. [33 FR 8503, June...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR953.10] [Page 404] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 953_IRISH POTATOES GROWN IN SOUTHEASTERN STATES--Table of Contents Subpart_Order Regulating Handling Sec. 953.10 Committee. Committee means the Administrative Committee, called the Southeastern Potato Committee, established pursuant to Sec. 953.15. ...


District means, describes, and refers to each of the geographic divisions of the production area hereby established as follows: District No. 1. Accomack County...


redistricting. The committee may recommend, and pursuant thereto, the Secretary may approve, the reapportionment of members among districts, and...


membership. (a) The Southeastern Potato Committee, consisting of 12 members of whom seven shall be producers and five shall be handlers is hereby...


Term of office. (a) The term of office for committee members and alternates shall, except as otherwise specified, be for 1 year. The dates on which such term of office...


The Secretary may select members of the committee and alternates from nominations which may be made in the following manner: (a) A meeting or meetings...


(a) The Secretary shall select one producer member in and for each of Districts 1, 2, and 3, and two producer members in and for each of Districts 4 and 5...


nominate. If nominations are not made within the time and in the manner specified by the Secretary pursuant to Sec. 953.18, the Secretary may, without regard...


Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with the Secretary within...


Vacancies. To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of...


An alternate member of the committee shall act in the place and stead of the member for whom he is alternate during such member's absence. In the event...


(a) Nine members shall constitute a quorum of the committee and any action of the committee shall require nine concurring votes. (b) The committee may...


compensation. Committee members and alternates when acting on committee business shall be reimbursed for reasonable expenses necessarily incurred by them in...


The committee shall have the following powers: (a) To administer the provisions of this subpart in accordance with its terms; (b) To make rules and...


Duties. It shall be the duty of the committee: (a) To act as intermediary between the Secretary and any producer or handler; (b) To keep minutes, books,...


Upon the removal or expiration of the term of office of any member of the committee, such member shall account for all receipts and disbursements and deliver...


Potato producers and handlers in each district, as defined in Sec. 953.11, may establish and organize a District Committee of potato producers and...


The committee is authorized to incur such expenses as the Secretary finds may be necessary to carry out the functions of the committee pursuant to the provisions...


(a) Each handler who first handles potatoes shall, with respect to the potatoes so handled by him, pay to the committee such handler's pro rata share of the...


Accounting. (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one...


All funds received by the committee pursuant to any provision of this subpart shall be used solely for the purposes specified in this subpart and shall be accounted for...


Prior to or at the same time initial recommendations in any fiscal period are made pursuant to Sec. 953.41, the committee shall prepare a marketing policy,...


Recommendations for regulations. (a) It shall be the duty of the committee to investigate supply and demand conditions for grades, sizes, and qualities of all...


regulations. Whenever the Secretary shall find, from the recommendations, information and evidence submitted by the committee, or from other available...


Minimum standards of quality. (a) Recommendation. Whenever the committee deems it advisable to establish and maintain minimum standards of quality governing the shipment...


regulations. (a) Nothing contained in this subpart shall authorize any limitation of the shipment of potatoes for any of the following purposes: (1)...


The committee, with the approval of the Secretary, may establish, for any or all portions of the production area, quantities below which shipments shall...


certification. The Southeastern Potato Committee shall require, with approval of the Secretary, that whenever regulations are in effect pursuant to this...


The provisions of this subpart shall become effective at such time as the Secretary may declare above his signature attached to this subpart, and shall...


Termination. (a) The Secretary may, at any time, terminate the provisions of this subpart by giving at least one day's notice by means of a press release or in any...


termination. (a) Upon the termination of the provisions of this subpart, the then functioning members of the committee shall continue as trustees, for...


termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart, or of any regulation issued pursuant to this...


Reports and records. (a) Upon the request of the committee, with the approval of the Secretary, every handler shall furnish to the committee, in such manner and at such...


Except as provided in this subpart, no handler shall ship potatoes, the shipment of which has been prohibited by the Secretary in accordance with provisions of...


the Secretary. The members of the committee (including successors and alternates), and any agent or employee appointed or employed by the committee, shall be subject...


immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of this subpart except...


The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or name any bureau or division in the United...


Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to...


No member or alternate of the committee, nor any employee or agent thereof, shall be held personally responsible, either individually or jointly with...


If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR953.83] [Page 412] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 953_IRISH POTATOES GROWN IN SOUTHEASTERN STATES--Table of Contents Subpart_Order Regulating Handling Sec. 953.83 Amendments. Amendments to this subpart may be proposed from time to time by the committee or by the Secretary. ...


General (a) Marketing agreement means Marketing Agreement No. 104. (b) Order means Order No. 953 (Sec. Sec. 953.1...


Nomination date. The names of committee nominees shall be supplied to the Secretary in [[Page 413]] such manner and form as he may prescribe, pursuant to Sec....


office. The term of office, pursuant to Sec. 953.16, which began November 1, 1968, shall end March 31, 1970. Thereafter, each term of office shall begin April 1 of...


The fiscal period, pursuant to Sec. 953.9, which began on April 1, 1976, shall end on May 31, 1977. Thereafter, each fiscal period shall begin on June 1 of...


districts and reapportionment of committee membership. (a) Pursuant to Sec. 953.12: (1) The counties of James City and Nansemond and the cities of...


On and after June 1, 1998, an assessment rate of $0.01 per hundredweight is established for Southeastern States potatoes. [63 FR 32968, June...


Handling regulation. During the period beginning June 5 and ending July 31 each season, no person shall ship any lot of potatoes produced in the production area...


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


as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (Sec. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR955.3] [Page 415] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents Sec. 955.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


by the following boundaries: Beginning at a point in Laurens County where U.S. Highway 441 intersects Highway 16; thence continue southerly along U.S. Highway 441...


hybrid yellow granex, granex parentage or any other similar variety recommended by the committee and approved by the Secretary, that are grown in the...


a common or contract carrier of Vidalia onions owned by another person) who [[Page 416]] handles Vidalia onions, or causes Vidalia onions to...


any other way to place Vidalia onions, or cause Vidalia onions to be placed, in the current of commerce within the production area or between the production area and any...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR955.9] [Page 416] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents Sec. 955.9 Producer. Producer is synonymous with grower and means any person engaged in a proprietary capacity in the production of Vidalia onions for market. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR955.10] [Page 416] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents Sec. 955.10 Producer-handler. Producer-Handler means a producer who handles Vidalia onions. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR955.12] [Page 416] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents Sec. 955.12 Committee. Committee means the Vidalia Onion Committee, established pursuant to Sec. 955.20. ...


September 16 and ending on September 15 of the next year or such other period that may be recommended by the committee and approved by the Secretary. ...


Committee, consisting of nine members, to administer the terms and provisions of this part. Eight members shall be producers, and one shall be a public member. At...


this section, the term of office of committee members and their respective alternates shall be for two years and shall begin as of September 16 or for such other period as...


a meeting of producers shall be held by the Secretary. (b) Successor members. (1) The committee shall hold or cause to be held not later than August 1 of each...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR955.23] [Page 417] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents Sec. 955.23 Selection. From the nominations made pursuant to Sec. 955.22 or from other qualified persons, the Secretary shall select members and alternate members of the committee. ...


of the committee shall, prior to selection by the Secretary, qualify by filing a written acceptance indicating such person's willingness to serve in the position for...


and stead of the member for whom such person is an alternate during such member's absence or when designated to do so by such member. In the event both a member of the...


as a member or as an alternate to qualify, or in the event of the death, removal, resignation, or disqualification of a member or alternate, a successor for...


manner prescribed in Sec. 955.22, the Secretary may, without regard to nominations, select members and alternates on the basis of the representation provided for in Sec....


five concurring votes shall be required to pass any motion or approve any committee action. (b) The committee may provide for meetings by telephone, telegraph,...


shall be reimbursed for such expenses authorized by the committee and necessarily incurred by them in attending committee meetings and in the performance of their duties...


administer the provisions of this part in accordance with its terms; (b) To make rules and regulations to effectuate the terms and provisions of this part; (c)...


(a) As soon as practicable after the beginning of each term of office, to meet and organize, to select a chairman and such other officers as may be necessary, to...


may find are reasonable and likely to be incurred by the committee for its maintenance and functioning, and to enable it to exercise its powers and perform its duties...


date as may be specified by the Secretary, and as may be necessary thereafter, the committee shall prepare an estimated budget of income and expenditures necessary for...


acquired by the levying of assessments upon handlers as provided in this subpart. Each person who first handles Vidalia onions shall pay assessments to the committee upon...


of this part shall be used solely for the purposes specified in this part. (b) The Secretary may at any time require the committee, its members and...


are in excess of expenses incurred, such excess shall be accounted for as follows: (a) The committee, with the approval of the Secretary, may establish...


shall only be used to pay expenses incurred pursuant to Sec. 955.50. Such contributions shall be free from any encumbrances by the donor, and the committee shall...


Secretary, may establish or provide for the establishment of production research, marketing research and development and marketing promotion projects, including paid...


the approval of the Secretary, [[Page 421]] each handler shall furnish to the committee, in such manner and at such time as it may prescribe, such reports and...


provisions of this part by giving at least one day's notice by means of a press release or in any other manner which the Secretary may determine. (b) The Secretary...


of this subpart, the then functioning members of the committee shall continue as joint trustees, for the purpose of liquidating the affairs of the committee, of all...


the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart, or the issuance of any amendments to either thereof, shall not: ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR955.80] [Page 422] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents Sec. 955.80 Compliance. No handler shall handle Vidalia onions except in conformity with the provisions of this part. ...


alternates) and any agent or employee appointed or employed by the committee shall be subject to removal or suspension by the Secretary at any time. Each and every...


upon any person by virtue of this part shall cease upon the termination of this part, except with respect to acts done under and during the existence of...


any officer or employee of the Government, or name any agency in the United States Department of Agriculture, to act as the Secretary's agent or representative...


be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the Act or otherwise, or, in accordance with...


or agent thereof, shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any handler or to any person for errors...


the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this part, or the applicability thereof to any other...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR955.87] [Page 422] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 955_VIDALIA ONIONS GROWN IN GEORGIA--Table of Contents Sec. 955.87 Amendments. Amendments to this part may be proposed, from time to time, by the committee or by the Secretary. Marketing Agreement ...


when one counterpart is signed by the Secretary, all such counterparts shall constitute, when taken together, one and the same [[Page 423]] instrument as...


become a party to this agreement if a counterpart is executed by such handler and delivered to the Secretary. This agreement shall take effect as to such new contracting part...


to issue, pursuant to the Act, an order providing for regulating the handling of Vidalia onions in the same manner as is provided for in...


Report. (a) Each handler shall furnish shipping reports with the Vidalia Onion Committee on a weekly basis. Such reports shall be made on forms provided by...


Pursuant to Sec. 955.13, fiscal period shall mean the period beginning January 1 and ending December 31 of each year, except that the fiscal period that began on...


office. Pursuant to Sec. 955.21, the term of office for the Committee shall be for two years beginning January 1 and ending December 31, except that, the term of...


Pursuant to Sec. 955.22, the Committee shall hold or cause to be held not later than October 1 of each year a meeting or meetings of growers for the...


Each handler shall submit assessments to the Vidalia Onion Committee on a weekly basis for each week during the fiscal period in which they made shipments....


On and after January 1, 2001, an assessment rate of $0.12 per 50- pound bag or equivalent is established for Vidalia onions. [66 FR 16841, Mar....


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


Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (Sec. 1-19, 48 Stat....


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR956.3] [Page 425] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 956_SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST WASHINGTON AND NORTHEAST OREGON--Table of Contents Sec. 956.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


Production area means a tract of land in Umatilla County, Oregon, and Walla Walla County, Washington, based on surveyors' maps, enclosed by the...


Walla Walla Sweet Onions means all varieties of Allium cepa grown within the production area, except Spanish hybrid varieties. The committee may, with the approval...


Handler is synonymous with shipper and means any person (except a common or contract carrier of Walla Walla Sweet Onions owned by another person) who handles Walla Walla Sweet...


Registered handler means any person with adequate facilities for preparing Walla Walla Sweet Onions for commercial market, who has requested such registration and is...


Handle is synonymous with ship and means to package, load, sell, transport, or in any way place Walla Walla Sweet Onions or cause Walla Walla Sweet Onions to be placed in the current...


Container means a box, bag, crate, hamper, basket, package, or any other receptacle used in the packaging, transporting, sale, shipment, or other handling of Walla Walla...


Producer is synonymous with grower and means any person engaged in a proprietary capacity in the production of Walla Walla Sweet Onions...


Varieties means and includes all classifications, subdivisions, or types of Walla Walla Sweet Onions according to those definitive characteristics now or hereafter recognized...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR956.12] [Page 426] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 956_SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST WASHINGTON AND NORTHEAST OREGON--Table of Contents Sec. 956.12 Committee. Committee means the Walla Walla Sweet Onion Committee established pursuant to Sec. 956.20. ...


Fiscal period means the period beginning on June 1 and ending on May 31 of each year, or other such period as may be recommended by the committee and approved by...


Grade means any of the officially established grades of onions, including maturity requirements and size means any of the officially established sizes of onions as set...


Pack means a quantity of Walla Walla Sweet Onions specified by grade, size, weight, or count, or by type or condition of container, or any combination of these recommended by...


(a) The Walla Walla Sweet Onion Marketing Committee, consisting of ten members, is hereby established. The committee shall consist of six producer members,...


(a) Except as otherwise provided in paragraph (b) of this section, the term of office of committee members and their respective alternates shall be for three...


Nominations from which the Secretary may select the members of the committee and their respective alternates may be made in the following manner: (a) The committee...


The Secretary shall select members and alternate members of the committee from the nominations made pursuant to Sec. 956.22 or from other...


Any person nominated to serve as a member or alternate member of the committee shall, prior to selection by the Secretary, qualify by filing a written...


An alternate member of the committee shall act in the place and stead of the member for whom such person is an alternate, during such member's absence. In the event of the...


To fill any vacancy occasioned by the failure of any person nominated as a member or as an alternate to qualify, or in the event of the death, removal, resignation,...


If nominations are not made within the time and manner prescribed in Sec. 956.22 the Secretary may, without regard to nominations, select the members and alternates...


(a) Six members of the committee shall constitute a quorum, and six concurring votes shall be required to pass any motion or approve any committee action, except...


Members and alternates shall serve without compensation but shall be reimbursed for such expenses authorized by the committee and necessarily incurred by them in attending...


The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To make rules and regulations to...


It shall be among the duties of the committee: (a) At the beginning of each fiscal period, or as soon thereafter as practicable, to meet and organize, to select a...


The committee is authorized to incur such expenses as the Secretary may find are reasonable and likely to be incurred by the committee for its maintenance and functioning, and...


Prior to each fiscal period and as may be necessary thereafter, the committee shall prepare an estimated budget of income and expenditures necessary for the administration of...


(a) The funds to cover the committee's expenses shall be acquired by the levying of assessments upon handlers as provided in this subpart. Each person who first handles...


(a) All funds received by the committee pursuant to the provisions of this part shall be used solely for the purposes specified in this part. (b) The Secretary may...


If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for as follows: (a) The committee,...


The committee may accept voluntary contributions but these shall be used only to pay expenses incurred pursuant to Sec. 956.50. Such contributions shall be free from...


(a) The committee, with the approval of the Secretary, may establish or provide for the establishment of production research, marketing research and...


(a) Preparation. Prior to each marketing season, the committee shall consider and prepare a proposed policy for the marketing of Walla Walla Sweet Onions. In developing...


regulations. The committee shall recommend regulations to the Secretary whenever it deems it advisable, as provided in Sec. 956.62. The committee also may...


(a) Except as otherwise provided in this part, the Secretary shall limit the shipment of Walla Walla Sweet Onions by any one or more of the methods hereinafter...


Upon the basis of recommendations and information submitted by the committee, or other available information, the Secretary may issue special regulations,...


During any period in which shipments of Walla Walla Sweet Onions are regulated pursuant to this part, each handler may handle up to, but not to exceed, 2,000 pounds...


The Secretary shall notify the committee of each regulation issued and of each amendment, modification, suspension, or termination thereof. The committee...


(a) The committee, with the approval of the Secretary, may prescribe adequate safeguards to prevent Walla Walla Sweet Onions shipped, pursuant to Sec. Sec. 956.63 and...


certification. (a) During any period in which shipments of Walla Walla Sweet Onions are regulated pursuant to this subpart, no handler shall handle Walla Walla Sweet...


Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner and at such time as it...


suspension. (a) The Secretary may at any time terminate the provisions of this subpart by giving at least one day's notice by means of a press release or in any...


(a) Upon the termination of the provisions of this subpart, the then functioning members of the committee shall continue as joint trustees, for the purpose...


amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart, or the...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR956.89] [Page 435] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 956_SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST WASHINGTON AND NORTHEAST OREGON--Table of Contents Sec. 956.89 Compliance. No handler shall handle Walla Walla Sweet Onions except in conformity to the provisions of this part. ...


The members of the committee, including successors and alternates, and any agent or employee appointed or employed by the committee shall be subject to removal...


The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of this subpart, except with respect...


The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or name any agency in the United States Department of...


Nothing contained in this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any...


No member or alternate of the committee or any employee or agent thereof, shall be held personally responsible, either individually or jointly with others, in any...


If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR956.96] [Page 436] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 956_SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST WASHINGTON AND NORTHEAST OREGON--Table of Contents Sec. 956.96 Amendments. Amendments to this subpart may be proposed, from time to time, by the committee or by the Secretary. ...


Regulations Sec. 956.113 Fiscal period. Source: 61 FR 44151, Aug. 28, 1996, unless otherwise noted. Pursuant to Sec. 956.13, fiscal...


Regulations Sec. 956.142 Interest charges. For Walla Walla Sweet Onions handled prior to September 1, the Committee shall impose an interest charge on...


Regulations Sec. 956.162 Container markings. Effective April 15, 1997, no handler shall ship any container of Walla Walla Sweet Onions except in...


Regulations Sec. 956.163 Handling for specified purposes. (a) Assessment and container marking requirements specified in this part shall not...


Regulations Sec. 956.180 Reports. Each handler shall furnish to the Committee a report containing the information in paragraphs (a), (b), and (c) of...


Regulations Sec. 956.202 Assessment rate. On and after June 1, 1998, an assessment rate of $0.21 per 50-pound bag or equivalent is established for...


Sec. 958.1 Secretary. Definitions Secretary means the Secretary of Agriculture of the United States or...


Sec. 958.2 Act. Act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR958.3] [Page 438] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 958_ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 958.3 Person. Person means an individual, partnership, corporation, association, or any other business unit. ...


Sec. 958.4 Production area. Production area means all territory included within the boundaries of the County of Malheur in Oregon, and all counties...


Sec. 958.5 Onions. Onions means all varieties of Allium cepa, commonly known as onions, grown, or which may be grown in the production...


Sec. 958.6 Handler. Handler is synonymous with shipper and means any person (except a common or contract carrier of onions owned by another person)...


Sec. 958.7 Handle. Handle is synonymous with ship and means to sell or transport onions, or cause onions to be sold or transported, within the...


Sec. 958.8 Grading. Grading is synonymous with prepare for market and means the sorting or separation of onions into grades and sizes for...


Sec. 958.9 Grade and size. Grade means any of the officially established grades of onions, and size means any of the officially established sizes...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR958.10] [Page 439] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 958_ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 958.10 Producer. Producer means any person engaged in the production of onions for market. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR958.11] [Page 439] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 958_ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 958.11 Committee. Committee means the Idaho-Eastern Oregon Onion Committee established pursuant to Sec. 958.20. ...


Sec. 958.12 Fiscal period. Fiscal period means the period beginning and ending on the dates approved by the Secretary pursuant to recommendations by...


Sec. 958.13 Variety or varieties. Variety or varieties means and includes all classifications of onions according to those definitive characteristics...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR958.14] [Page 439] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 958_ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON--Table of Contents Subpart_Order Regulating Handling Sec. 958.14 Export. Export means shipment of onions beyond the boundaries of continental United States. ...


Sec. 958.15 District. District means each of the geographical divisions of the production area initially established or as reestablished pursuant to...


Sec. 958.16 Pack. Pack means a quantity of onions in any type of container and which falls within specific weight limits or within specific grade or...


Sec. 958.17 Container. Container means a sack, box, bag, crate, hamper, basket, carton, package, or any other type of receptacle used in the...


Sec. 958.20 Establishment and membership. (a) The Idaho-Eastern Oregon Onion Committee, consisting of six producer members, four handler members, and...


Sec. 958.21 Procedure. (a) Seven members of the committee shall be necessary to constitute a quorum and seven concurring votes shall be required to...


Handling Sec. 958.22 Selection. The Secretary shall select committee members and alternates from the nominee lists submitted pursuant to this part or...


Sec. 958.23 Term of office. (a) The term of office of committee members and alternates shall be for two years beginning on the first day of June...


Sec. 958.24 Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with...


Handling Sec. 958.25 Duties. It shall be the duty of the committee: (a) At the beginning of each fiscal period, or as soon thereafter as...


Sec. 958.26 Expenses. Committee members and alternates when acting on committee business shall be reimbursed for reasonable expenses necessarily...


Sec. 958.27 Districts. (a) For the purpose of selecting committee members, the following districts of the production area are hereby...


Handling Sec. 958.28 Nominations. Nominations from which the Secretary may select the members of the Idaho-Eastern Oregon Onion Committee and their...


Sec. 958.29 Failure to nominate. If nominations are not made within the time and in the manner specified by the Secretary pursuant to Sec. 958.28,...


Sec. 958.30 Vacancies. To fill any vacancy occasioned by the failure of any person, selected as a committee member or alternate, to qualify, or in...


Handling Sec. 958.40 Expenses. The committee is authorized to incur such expenses as the Secretary may [[Page 443]] find are reasonable...


Sec. 958.41 Budget. Prior to each fiscal period, and as may be necessary thereafter the committee shall prepare a budget of estimated income...


Sec. 958.42 Assessments. (a) The funds to cover the committee's expenses pursuant to Sec. 958.40 shall be acquired by the levying of assessments...


Sec. 958.43 Accounting. (a) All funds received by the committee pursuant to the provisions of this part shall be used solely for the purposes...


Handling Sec. 958.44 Reserve fund. At the end of each fiscal period, funds in excess of the committee's expenses may be placed in an operating reserve not...


Sec. 958.45 Accounting of funds upon termination of the order. Any funds collected as assessments pursuant to this subpart and remaining unexpended...


Sec. 958.46 Contributions. The committee may accept voluntary contributions but these shall only be used to pay expenses incurred pursuant to Sec....


Sec. 958.47 Research and development. (a) The committee with the approval of the Secretary, may establish or provide for the establishment of...


Handling Sec. 958.50 Marketing policy. (a) Preparation. Prior to each marketing season the committee shall consider and prepare a proposed policy for...


Sec. 958.51 Recommendations for regulations. The committee shall recommend regulations to the Secretary whenever it finds that such regulations...


Handling Sec. 958.52 Issuance of regulations. (a) Except as otherwise provided in this part, the Secretary shall limit the shipment of onions by any one...


Sec. 958.53 Handling for specified purposes. Upon the basis of recommendations and information submitted by the committee, or other...


Sec. 958.54 Minimum quantities. The committee, with the approval of the Secretary, may establish minimum quantities below which onion shipments will...


Sec. 958.55 Notification of regulations. The Secretary shall notify the committee of each regulation issued, and of each amendment,...


Sec. 958.56 Safeguards. (a) The committee, with the approval of the Secretary, may prescribe adequate safeguards to prevent onions shipped, ...


Handling Sec. 958.60 Inspection and certification. (a) During any period in which shipments of onions are regulated pursuant to this subpart, no handler...


Sec. 958.65 Reports. Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such...


Sec. 958.70 Effective time. The provisions of this subpart, or any amendment thereto, shall become effective at such time as the Secretary may...


Handling Sec. 958.71 Termination. (a) The Secretary may at any time terminate the provisions of this subpart by giving at least one day's notice by means of...


Sec. 958.72 Proceeding after termination. (a) Upon the termination of the provisions of this subpart, the then functioning members of the committee...


Sec. 958.73 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of...


Sec. 958.81 Compliance. No handler shall handle onions the handling of which has been prohibited or otherwise limited by the Secretary in accordance...


Sec. 958.82 Right of the Secretary. The members of the committee (including successors and alternates) and any agent or employee appointed or employed...


Sec. 958.83 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon...


Handling Sec. 958.84 Agents. The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or name...


Sec. 958.85 Derogation. Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of...


Sec. 958.86 Personal liability. No member or alternate of the committee nor any employee or agent thereof, shall be held personally responsible,...


Sec. 958.87 Separability. If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing...


Sec. 958.88 Amendments. Amendments to this subpart may be proposed, from time to time, by the committee or by...


Sec. 958.89 Counterparts. This agreement may be executed in multiple counterparts and when one counterpart is signed by the Secretary, all...


Sec. 958.90 Additional parties. After the effective date hereof, any handler may become a party to this agreement if a counterpart is executed by him...


Sec. 958.91 Order with marketing agreement. Each signatory handler requests the Secretary to issue, pursuant to the act, an order providing...


Sec. 958.112 Fiscal period. The fiscal period shall begin July 1 of each year and end June 30 of the following year, both dates...


Handling Sec. 958.160 Reestablishment of Districts. (a) Pursuant to Sec. 958.27(b) the following districts are reestablished: (1) District No....


Sec. 958.240 Assessment rate. On and after July 1, 2003, an assessment rate of $0.095 per hundredweight is established for Idaho-Eastern...


Sec. 958.328 Handling regulation. No person shall handle any lot of onions, except braided red onions, unless such onions are at...


Source: 26 FR 704, Jan. 25, 1961, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. Definitions Secretary...


Act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as [[Page 453]] amended...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR959.3] [Page 453] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 959_ONIONS GROWN IN SOUTH TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 959.3 Person. Person means an individual, partnership, corporation, association or any other business unit. ...


Production area means the counties of Val Verde, Kinney, Uvalde, Medina, Wilson, Karnes, Goliad, Victoria, Calhoun, Maverick, Zavala, Frio, Atascosa, Dimmit, La Salle,...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR959.5] [Page 453] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 959_ONIONS GROWN IN SOUTH TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 959.5 Onions. Onions means all varieties of Allium cepa commonly known as onions grown within the production area and marketed dry. ...


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


Handle or ship means to package, load, sell, transport, or in any way to place onions in the current of the commerce within the production area or between the production area and any...


Registered handler means any person with adequate facilities within the production area for preparing onions for commercial market, who customarily does so, and who is...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR959.9] [Page 453] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 959_ONIONS GROWN IN SOUTH TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 959.9 Producer. Producer means any person engaged in a proprietary capacity in the production of onions for market. ...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR959.10] [Page 453] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 959_ONIONS GROWN IN SOUTH TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 959.10 Grading. Grading is synonymous with preparation for market and means the sorting or separation of onions into grades, sizes, and packs for market purposes. ...


Grade means any of the established grades of onions, and size means any of the established sizes of onions as defined and set forth in the United States Standards...


Pack means a quantity of onions specified by grade, size, weight, or count, or by type or condition of container, or any combination of these recommended by the committee and approved...


Container means a box, bag, crate, hamper, basket, package, or any other receptacle used in the packaging, transportation, sale, shipment or other handling...


Varieties means and includes all classifications, subdivisions, or types of onions according to those definitive characteristics now or hereafter recognized by the United...


[Code of Federal Regulations] [Title 7, Volume 8] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR959.15] [Page 454] TITLE 7--AGRICULTURE CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE PART 959_ONIONS GROWN IN SOUTH TEXAS--Table of Contents Subpart_Order Regulating Handling Sec. 959.15 Committee. Committee means the South Texas Onion Committee, established pursuant to Sec. 959.22. ...


Fiscal period means the annual period beginning and ending on such dates as may be approved by the Secretary pursuant to recommendations of...


District means each of the geographic divisions of the production area initially established pursuant to Sec. 959.24 or as reestablished pursuant to Sec....


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


The South Texas Onion Committee, consisting of seventeen members, ten of whom shall be producers and seven of whom shall be handlers, is hereby established....


(a) The term of office of committee members and their respective alternates shall be for two years and shall begin as of August 1 and end as of July 31. The terms shall be...


To determine a basis for selecting committee members, the following districts of the production area are hereby initially established: District No. 1: (Coastal Bend) The...


The committee may recommend, and pursuant thereto, the Secretary may approve, the reapportionment of members among districts, and the reestablishment of districts within...


The Secretary shall select members and respective alternates from districts established pursuant to Sec. 959.24 or [[Page 455]] Sec. 959.25. Initial...


The Secretary may select the members of the committee and alternates from nominations which may be made in the following manner: (a) A meeting or meetings of producers...


If nominations are not made within the time and in the manner specified in Sec. 959.27, the Secretary may, without regard to nominations, select the committee members...


Any person selected as a committee member or alternate shall qualify by filing a written acceptance within ten days after being notified of...


To fill committee vacancies, the Secretary may select such members or alternates from unselected nominees on the current nominee list from the district involved, or from...


An alternate member of the committee shall act in the place and stead of the member for whom he is an alternate, during such member's absence or when designated to do...


(a) Eleven members of the committee shall be necessary to constitute a quorum. Nine concurring votes, or two-thirds of the votes cast, whichever is greater, shall be required to...


Committee members and alternates when acting on committee business shall be reimbursed for reasonable expenses necessarily incurred by them in the performance of...


The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms and provisions; (b) To make rules and regulations...


It shall be, among other things, the duty of the committee: (a) As soon as practicable after the beginning of each term of office, to meet and organize, to select a chairman...


The committee is authorized to incur such expenses as the Secretary may find are reasonable and likely to be incurred during each fiscal period for its maintenance and functioning,...


As soon as practicable after the beginning of each fiscal period and as may be necessary thereafter, the committee shall prepare an estimated budget of income and expenditures...


(a) The funds to cover the committee's expenses shall be acquired by the levying of assessments upon handlers as provided in this subpart. Each handler who first handles...


(a) Assessments collected in excess of expenses incurred shall be accounted for in accordance with one of the following: (1) Excess funds not retained in a reserve,...


The committee, with the approval of the Secretary, may establish or provide for the establishment of production research, marketing research, and development...


(a) At the beginning of each season, and as the Secretary may require, the committee shall prepare a marketing policy. Such policy shall indicate the data on onion supplies...


Upon complying with the requirements of Sec. 959.50 the committee may recommend regulations to the Secretary whenever it finds that such regulations as...


(a) The Secretary shall limit the handling of onions by regulations specified in this section whenever he finds from the recommendations...


Regulations in effect pursuant to Sec. Sec. 959.42, 959.52, or 959.60 may be modified, suspended, or terminated to facilitate handling of onions for: ...


The committee, with the approval of the Secretary, may establish through rules such requirements as may be necessary to establish that shipments made pursuant to Sec. 959.53...


The Secretary shall promptly notify the committee of regulations issued or of any modification, suspension, or termination thereof. The committee shall...


(a) Whenever the handling of onions is regulated pursuant to Sec. 959.52, or at other times when recommended by the [[Page 460]] committee...


Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner or form and at such time as it may...


Except as provided in this subpart, no handler shall handle onions, the handling of which has been prohibited by the Secretary in accordance with provisions of this subpart, or...


The members of the committee (including successors and alternates), and any agent or employee appointed or employed by the committee, shall be subject to removal...


The provisions of this subpart, or any amendment thereto, shall become effective at such time as the Secretary may declare and shall continue in force until terminated in one...


(a) The Secretary may, at any time, terminate the provisions of this subpart by giving at least one day's notice by means of a press release or in any other manner which he...


(a) Upon the termination of the provisions of this subpart the then functioning members of the committee shall continue as joint trustees for the purpose...


amendments. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart, or...


The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of this subpart, except with respect to...


The Secretary may, by designation in writing, name any person, including any officer or employee of the United States Department of Agriculture, to act as his agent or representative...


Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any...


No member or alternate of the committee nor any employee or agent thereof, shall be held personally responsible, either individually or jointly with others, in any...