Title 7--AGRICULTURE
Chapter XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND


Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.1 Words in the singular form. Authority: 7...


Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.2 Definitions. (a) The term Act means the...


Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.3 Proposals. (a) An order may be proposed by...


Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.4 Reimbursement of Secretary's expenses. ...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.5 Institution of proceedings. (a) Filing...


Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.6 Docket number. Each proceeding,...


Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.7 Judge. (a) Assignment. No judge who has...


Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.8 Motions and requests. (a) General. (1)...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.9 Conduct of the hearing. (a) Time and...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.10 Oral and written arguments. (a)...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.11 Certification of the transcript. The...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.12 Copies of the transcript. (a) During...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.13 Administrator's recommended decision. ...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.14 Submission to Secretary. Upon the...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.15 Decision by the Secretary. After...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.16 Execution of the order. (a) Issuance of...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.17 Filing, extension of time, effective date of filing,...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.18 Ex parte communications. (a) At no stage...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.19 Additional documents to be filed with...


of Practice and Procedure Governing Proceedings to Formulate and Amend an Order Sec. 1200.20 Hearing before Secretary. The Secretary...


of Practice Governing Proceedings on Petitions to Modify or to be Exempted from Research, Promotion and Information Programs Sec....


of Practice Governing Proceedings on Petitions to Modify or to be Exempted from Research, Promotion and Information Programs Sec....


of Practice Governing Proceedings on Petitions to Modify or to be Exempted from Research, Promotion and Information Programs Sec....


Source: 62 FR 1660, Jan. 13, 1997, unless otherwise noted. Definitions The term Act means the Cotton Research and...


The term Administrator means the Administrator of the Agricultural Marketing Service, or any officer or employee of USDA to whom authority has been delegated to...


The term cotton means all Upland cotton harvested in the United States and all imports of Upland cotton, including the Upland cotton content of products derived...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.13] [Page 18] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.13 Upland cotton. The term Upland cotton means all cultivated varieties of the species Gossypium hirsutum L. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.14] [Page 18] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.14 Department. The term Department means the U.S. Department of Agriculture. ...


Agency. The term Farm Service Agency--formerly Agricultural Stabilization and Conservation Service (ASCS)--also referred to as ``FSA,'' means the Farm Service...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.16] [Page 18] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.16 Order. The term Order means the Cotton Research and Promotion Order. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.17] [Page 18] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.17 Person. The term person means any individual 18 years of age or older, or any partnership, corporation, association, or any other entity. ...


The term producer means any person who shares in a cotton crop, or in the proceeds thereof, as an owner of the farm, cash tenant, landlord of a share tenant,...


The term importer means any person who enters, or withdraws from warehouse, cotton for consumption in the customs territory of the United States, and the term...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.20] [Page 18] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.20 Representative period. The term representative period means the 2001 calendar year. [67 FR 21169, Apr. 30, 2002] ...


The term Secretary means the Secretary of Agriculture of the United States, or any other officer or employee of the Department to whom authority has been delegated...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.22] [Page 18] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.22 State. The term State means each of the 50 states. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.23] [Page 18] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.23 United States. The term United States means the 50 states of the United States of America. Procedures ...


A sign-up period will be conducted to determine whether eligible producers and importers favor the conduct of a referendum on the continuance of the 1991 amendments...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.25] [Page 19] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Procedures for Conduct of Sign-up Period Sec. 1205.25 Supervision of sign-up period. The Administrator shall be responsible for conducting the sign-up period in accordance with this subpart. ...


Only persons who meet the eligibility requirements in this subpart may participate in the sign-up period. No person is entitled to sign up more than once. ...


in the sign-up period. The sign-up period will be from June 3, 2002, through August 30, 2002. Those persons who favor the conduct of a continuance referendum...


County FSA offices and FSA, Director for Operations Review and Analysis Staff (ORAS), shall begin counting requests no later than September 3, 2002. FSA shall...


results. (a) Each county FSA office shall prepare and transmit to the state FSA office, by September 10, 2002, a written report of the number of eligible...


forms. The Administrator is hereby authorized to prescribe additional instructions and forms consistent with the provisions of this subpart to govern conduct...


Source: 31 FR 16758, Dec. 31, 1966, unless otherwise noted. Definitions Secretary means the Secretary of Agriculture...


Act means the Cotton Research and Promotion Act, as amended (7 U.S.C. 2101-2118; Public Law 89-502, 80 Stat 279, as amended). [56 FR 64472, Dec....


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.303] [Page 21] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Cotton Research and Promotion Order Sec. 1205.303 Person. Person means any individual, partnership, corporation, association, or any other entity. ...


Cotton means: (a) All Upland cotton harvested in the United States, and, except as used in Sec. Sec. 1205.311 and 1205.335, includes cottonseed of such cotton...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1205.305] [Page 21] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1205--COTTON RESEARCH AND PROMOTION--Table of Contents Subpart--Cotton Research and Promotion Order Sec. 1205.305 Upland cotton. Upland cotton means all cultivated varieties of the species Gossypium hirsutum L. [56 FR 64472, Dec. 10, 1991] ...


Except as used in Sec. 1205.322, Bale means the package of lint cotton produced at a cotton gin or the amount of processed cotton in a manufactured product that...


Fiscal period is the 12-month budgetary period and means the calendar year unless the Cotton Board, with the approval of the Secretary, selects some other...


Cotton Board means the administrative body established pursuant to Sec. 1205.318. [31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec....


Producer means any person who shares in a cotton crop actually harvested on a farm, or in the proceeds thereof, as an owner of the farm, cash tenant, landlord of a...


Importer means many person who enters, or withdraws from warehouse, cotton for consumption in the customs territory of the United States, and the term import means...


Handler means any person who handles cotton, including the Commodity Credit Corporation. [31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec....


Handle means to harvest, gin, warehouse, compress, purchase, market, transport, or otherwise acquire ownership or control of cotton. [31 FR 16758, Dec. 31,...


United States means the 50 States of the United States of America. [31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec....


Cotton-producing State means each of the following States and combinations of States: Alabama-Florida; Arizona; Arkansas; California-Nevada;...


Marketing includes the sale of cotton or the pledging of cotton to the Commodity Credit Corporation as collateral for a price support loan. [31 FR 16758, Dec....


Cotton-Producer organization means any organization which has been certified by the Secretary pursuant to Sec. 1205.341. [56 FR 64472, Dec....


Cotton-Importer organization means any organization which has been certified by the Secretary pursuant to Sec. 1205.342. [56 FR 64472, Dec....


or association. Contracting organization or association means the organization or association with which the Cotton Board has entered into a contract...


Cotton-producing region means each of the following groups of cotton-producing States: (a) Southeast Region: Alabama-Florida, Georgia,...


Marketing year means a consecutive 12-month period ending on July 31. [31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec....


subpart. Part means the cotton research and promotion order and all rules, regulations and supplemental orders issued pursuant to the act and the order, and the...


membership. (a) There is hereby established a Cotton Board composed of: (1) Representatives of cotton producers, each of whom shall have an...


office. All members of the Board and their alternatives shall serve for terms of three years. Each member and alternate shall continue to serve until a successor...


All nominations authorized under Sec. 1205.322 shall be made within such a period of time and in such a manner as the Secretary shall prescribe. The eligible...


From the nominations made pursuant to Sec. Sec. 1205.322 and 1205.324, the Secretary shall select the members of the Board and an alternate for each member on the...


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


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


An alternate member of the Board, during the absence of the member for whom the person is the alternate, shall act in the place and stead of such member...


A majority of the members of the Board, or alternates acting for members, shall constitute a quorum and any action of the Board shall require the concurring votes of...


reimbursement. The members of the Board, and alternates when acting as members, shall serve without compensation but shall be reimbursed for necessary expenses,...


The Board shall have the following powers: (a) To administer the provisions of this subpart in accordance with its terms and provisions; (b) Subject to...


The Board shall have the following duties: (a) To select from among its members a chairman and such other officers as may be necessary for the conduct of...


promotion. The Cotton Board shall in the manner prescribed in Sec. 1205.332(c) establish or provide for: (a) The establishment, issuance, effectuation,...


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


(a) Each cotton producer or other person for whom cotton is being handled shall pay to the handler thereof designated by the Cotton Board pursuant to...


Any cotton importer against whose imports any assessment is made and collected under the authority of the Act who has reason to believe that...


action. No funds collected by the Board under this subpart shall in any manner be used for the purpose of influencing governmental policy or action...


Each handler and importer subject to this subpart and importers of de minimis amounts of cotton may be required to report to the Cotton Board periodically such...


records. Each handler and importer subject to this subpart and importers of de minimis amounts of cotton shall maintain and make available for inspection by the...


All information obtained from such books, records or reports shall be kept confidential by all officers and employees of the Department of Agriculture...


cotton producer organization. Any cotton producer organization within a cotton-producing State may request the Secretary for certification of eligibility...


cotton importer organizations. Any importer organization may request the Secretary for certification of eligibility to participate in nominating members...


termination. (a) The Secretary will, whenever the Secretary finds that this subpart or any provision thereof obstructs or does not tend to effectuate the...


termination. (a) Upon the termination of this subpart the Cotton Board shall recommend not more than five of its members to the Secretary to serve as...


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


No member or alternate member of the Cotton Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever,...


If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances [[Page 30]] is held invalid,...


(a) Cotton Division. Cotton Division means the Cotton Division of the Agricultural Marketing Service of the U.S. Department of Agriculture. (b)...


Cotton Board membership. (a) In determining whether any cotton-producing state is entitled to be represented by more than one member of the Cotton Board as provided...


(a) The Director shall notify all certified producer organizations within each cotton-producing state and all certified importer organizations of the...


Source: 42 FR 35974, July 13, 1977, unless otherwise noted. Definitions As used throughout this subpart,...


All reports, requests, applications for reimbursements, and communications in connection with the Cotton Research and Promotion Order shall be addressed as...


All reports, requests, applications for reimbursements, and communications in connection with the Cotton Research and Promotion Order shall be addressed as...
...


collection. (a) The $1 per bale assessment shall be paid by: (1) The producer of the cotton to the collecting handler designated in Sec. 1205.512, and ...


and time of collection of $1 per bale assessment. Collecting handlers and the time of collecting the $1 per bale assessment shall be as follows: ...


and time of collection of the supplemental assessment. Collecting handlers and the time of collecting the supplemental assessment shall be as follows: ...


and the Collection of the $1 per bale assessment. The Collection of the $1 per bale assessment by the Customs Service shall be as follows: (a) The...


and the collection of the supplemental assessment. The collection of the supplemental assessment by the Customs Service shall be as follows: (a) The...


remittance to the Cotton Board. (a) Handler reports and remittances. Each collecting handler shall transmit assessments to the Cotton Board as follows: ...


report and remit. (a) Any collecting handler who fails to submit reports and remittances according to reporting periods and time schedules required in Sec....


payment of assessments. Each collecting handler who is required by Sec. 1205.512 and Sec. 1205.513 to give the producer a receipt showing payment of cotton...


obtaining reimbursement. Each importer against whose imports of cotton or cotton-containing products any assessments are made and collected may obtain...


gin code number. The warehouse that first receives a bale for storage after ginning shall enter the gin code number of the gin at which the bale was ginned on...


and reporting schedule. (a) Gin reports. Each year each cotton gin in the United States shall submit reports to the Cotton Board on forms or certificates made...


Each handler or importer required to make reports pursuant to this subpart shall maintain such books and records as are necessary to verify the reports. [57...


for reports and records. Each handler and importer required to make reports pursuant to this subpart shall retain for at least 2 years beyond the marketing year...


reports and records. Each handler and importer required to make reports pursuant to this subpart shall make available for inspection by the Cotton Board,...


records, and reports. All information obtained from the books, records, and reports of handlers and importers shall be kept confidential in the manner and...


numbers. The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act of...


General. Referenda to determine whether eligible first handlers and importers of mangos favor the issuance, amendment, suspension, or termination of the...


Definitions. (a) Administrator means the Administrator of the Agricultural Marketing Service, with power to redelegate, or any officer or employee of the U.S....


Voting. (a) Each eligible first handler and eligible importer of mangos shall be entitled to cast only one ballot in the referendum. (b) Proxy voting is not...


Instructions. The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The...


Subagents. The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions of this...


Ballots. The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason,...


Referendum report. Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner...


Confidential information. The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Order and the voter...


OMB control number. The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the...


Secretary. Source: 37 FR 5008, Mar. 9, 1972, unless otherwise noted. Definitions Secretary means the Secretary of...


Act. Act means the Potato Research and Promotion Act, Title III of Public Law 91-670, 91st Congress, approved January 11, 1971, 84 Stat. 2041, as amended. [56...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1207.303] [Page 49] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1207--POTATO RESEARCH AND PROMOTION PLAN--Table of Contents Subpart--Potato Research and Promotion Plan Sec. 1207.303 Plan. Plan means this potato research and promotion plan issued by the Secretary pursuant to the act. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1207.304] [Page 49] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1207--POTATO RESEARCH AND PROMOTION PLAN--Table of Contents Subpart--Potato Research and Promotion Plan Sec. 1207.304 Person. Person means any individual, partnership, corporation, association, or other entity. ...


Producer. Producer means any person engaged in the growing of 5 or more acres of potatoes who owns or shares the ownership and risk of loss of such...


Potatoes. Potatoes means any or all varieties of Irish potatoes grown by producers in the 50 states of the United States and grown in foreign countries and imported into...


Handle. Handle means to grade, pack, process, sell, transport, purchase, or in any other way to place potatoes or cause potatoes to be placed in the current of commerce....


Handler. Handler means any person (except a common or contract carrier of potatoes owned by another person) who handles potatoes, including a producer who handles potatoes...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1207.309] [Page 49] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1207--POTATO RESEARCH AND PROMOTION PLAN--Table of Contents Subpart--Potato Research and Promotion Plan Sec. 1207.309 Board. Board means the National Potato Promotion Board, hereinafter established pursuant to Sec. 1207.320. [[Page 50]] ...


Fiscal period and marketing year. Fiscal period and marketing year mean the 12-month period from July 1 through June 30 of the following year or such other period which may...


Programs and projects. Programs and projects mean those research, development, advertising or promotion programs or projects developed by the Board pursuant to Sec....


Importer. Importer means any person who imports tablestock, frozen or processed potatoes for ultimate consumption by humans, or seed potatoes into the...


Customs Service. Customs Service means the United States Customs Service of the United States Department of the Treasury. [56 FR 40229, Aug. 14, 1991] ...


Establishment and membership. (a) There is hereby established a National Potato Promotion Board, hereinafter called the ``Board'', composed of producers, importers, and...


Term of office. (a) The term of office of Board members shall be 3 years, beginning July 1, or such other beginning date as may be approved pursuant to regulations. ...


Nominations and appointment. The Secretary shall select the producer, importer, and public members of the Board from nominations which may be made in the...


Acceptance. Each person selected by the Secretary as a member of the Board shall qualify by filing a written acceptance with the Secretary promptly after being notified...


Vacancies. To fill any vacancy caused by the failure of any person selected as a member of the Board to qualify, or in the event of the death, removal, resignation,...


Procedure. (a) Each State (or district or group of States established pursuant to Sec. 1207.320) which has a member on the Board shall be entitled to not less than one...


Compensation and reimbursement. Members of the Board shall serve without compensation but shall be reimbursed for reasonable expenses incurred by them in the performance...


Powers. The Board shall have the following powers subject to Sec. 1207.361: (a) To administer the provisions of this plan in accordance with its terms and...


Duties. The Board shall, among other things, have the following duties: (a) To meet and organize and to select from among its members a president and such other...


Research and promotion. The Board shall develop and submit to the Secretary for approval any programs or projects authorized in this section. Such programs or projects...


Budget and expenses. (a) At the beginning of each fiscal period, or as may be necessary thereafter, the Board shall prepare and recommend a budget on a fiscal period basis...


Assessments. (a) The funds to cover the Board's expenses shall be acquired by the levying of assessments upon handlers and importers as designated in...


Operating reserve. The Board may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in a reserve so established:...


Reports. (a) Each designated handler shall maintain a record with respect to each producer for whom he handled potatoes and for potatoes handled which he himself produced....


Books and records. Each handler or importer subject to this part shall maintain and make available for inspection by authorized employees of the Board and the Secretary...


Confidential treatment. All information obtained from books, records, or reports required pursuant to this part shall be kept confidential by all employees of...


Influencing governmental action. No funds collected by the Board under this plan shall in any matter be used for the purpose of influencing governmental policy or...


Right of the Secretary. All fiscal matters, programs or proj ects, rules or regulations, reports, or other substantive action proposed and prepared by the Board shall...


Suspension or termination. (a) The Secretary shall, whenever he finds that this plan or any provision thereof obstructs or does not tend to effectuate the declared policy...


Proceedings after termination. (a) Upon the termination of this plan, the Board shall recommend not more than five of its members to the Secretary to serve as trustees...


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


Personal liability. No member of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever to any person for errors...


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


Source: 37 FR 17379, Aug. 26, 1972, unless otherwise noted. Definitions (a) Unless otherwise defined in this...


All communications in connection with the Potato Research and Promotion Plan shall be addressed to: National Potato Promotion Board, 7555 East Hampden Avenue,...


membership. (a) Pursuant to Sec. 1207.320 and the recommendation of the Board, annual producer memberships on the Board shall be determined on the basis of...


(a) Pursuant to Sec. 1207.322 of the plan, the Board shall assist producers in producing sections or States each year to nominate producer members for the Board....


(a) The term of office of Board members shall be for three years and shall begin March 1 and end on the last day of February. (b) Board members shall serve...


(a) The procedure for conducting the Board's meetings shall be in accordance with the bylaws adopted by the Board on June 7, 1972, and approved by the Secretary and...


(a) It shall be the policy of the Board to carry out an effective and continuous coordinated program of marketing research, development, advertising, and promotion in...


(a) The Board shall annually select from among its members an Administrative Committee composed of producer members as provided for in the...


Pursuant to Sec. 1207.341 of the Plan the Board shall pay those administrative costs incurred by the U.S. Department of Agriculture for the conduct of its duties...


(a) Domestic assessments. (1) An assessment rate of 2 cents per hundredweight shall be levied on all potatoes produced within the 50 States of the...


assessable quantity. The assessable quantity of potatoes in any lot shall be determined on the basis of utilization. Assessments shall be due on the entire...


The assessment on each lot of potatoes produced in the 50 States of the United States and handled shall be paid by the designated handler as hereafter...


assessments. (a) Time of payment. The assessment on domestically produced potatoes shall become due at the time a determination of assessable potatoes is made in...


The Board may require reports by designated handlers and importers on the handling, importation, and disposition of exempted potatoes. Also, authorized employees of...


for records. Each handler and importer required to make reports pursuant to this subpart shall maintain and retain such records for at least 2 years beyond the...


records. (a) Each handler and importer required to make reports pursuant to this subpart shall make available for inspection by authorized employees of the...


assigned pursuant to the Paperwork Reduction Act. The information collection requirements contained in this part have been approved by the Office of Management...


records, and reports. All information obtained from the books, records, and reports of handler and importers and all information with respect to refunds...


the Secretary. All fiscal matters, programs or proj ects, rules or regulations, reports, or other substantive action proposed and prepared by the Board shall be submitted...


No member of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever to any person for errors...


Order Sec. 1209.1 Act. Source: 58 FR 3449, Jan. 8, 1993, unless otherwise noted. Definitions Act...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1209.2] [Page 63] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1209--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER --Table of Contents Subpart A--Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.2 Commerce. Commerce means interstate, foreign, or intrastate commerce. ...


Order Sec. 1209.3 Consumer information. Consumer information means information and programs that will assist consumers and other persons in...


Order Sec. 1209.4 Council. Council means the administrative body referred to as the Mushroom Council established under Sec. 1209.30 of...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1209.5] [Page 63] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1209--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER --Table of Contents Subpart A--Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.5 Department. Department means the United States Department of Agriculture. ...


Order Sec. 1209.6 First handler. First handler means any person who receives or otherwise acquires mushrooms from a producer and prepares for marketing...


Order Sec. 1209.7 Fiscal year. Fiscal year means the 12-month period from January 1 to December 31 each year, or such other period as recommended by...


Order Sec. 1209.8 Importer. Importer means any person who imports, on average, over 500,000 pounds of mushrooms annually from outside the...


Order Sec. 1209.9 Industry information. Industry information means information and programs that will lead to the development of new markets and...


Order Sec. 1209.10 Marketing. (a) Marketing means the sale or other disposition of mushrooms in any channel of commerce. (b) To market means to...


Order Sec. 1209.11 Mushrooms. Mushrooms means all varieties of cultivated mushrooms grown within the United States and marketed for the fresh market,...


Order Sec. 1209.12 On average. On average means a rolling average of production or imports during the last two fiscal years, or such other period as may...


Order Sec. 1209.13 Part and subpart. Part means this mushroom promotion and research order and all rules and regulations and supplemental orders...


Order Sec. 1209.14 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other...


Order Sec. 1209.15 Producer. Producer means any person engaged in the production of mushrooms who owns or shares the ownership and risk of loss of...


Order Sec. 1209.16 Programs, plans, and projects. Programs, plans, and projects means promotion, research, consumer information, and industry...


Order Sec. 1209.17 Promotion. Promotion means any action determined by the Secretary to enhance the image or desirability of mushrooms, including...


Order Sec. 1209.18 Region. Region means one of the described geographic subdivisions of the production areas described in Sec. 1209.30 (b) or as...


Order Sec. 1209.19 Research. Research means any type of study to advance the image, desirability, safety, marketability, production, product...


Order Sec. 1209.20 Secretary. Secretary means the Secretary of Agriculture of the United States or any officer or employee of the Department to...


Order Sec. 1209.21 State and United States. (a) State means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ...


Order Sec. 1209.30 Establishment and membership. (a) There is hereby established a Mushroom Council of not less than four or more than nine members....


Order Sec. 1209.31 Nominations. All nominations for appointments to the Council under Sec. 1209.33 shall be made as follows: (a) As soon...


Order Sec. 1209.32 Acceptance. Each individual nominated for membership on the Council shall qualify by filing a written acceptance with the Secretary...


Order Sec. 1209.33 Appointment. From the nominations made pursuant to Sec. 1209.31, the Secretary shall appoint the members of the Council on the basis...


Order Sec. 1209.34 Term of office. (a) The members of the Council shall serve for terms of three years, except that the members appointed to the...


Order Sec. 1209.35 Vacancies. (a) To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Council,...


Order Sec. 1209.36 Procedure. (a) At a properly convened meeting of the Council, a majority of the members shall constitute a quorum. (b)...


Order Sec. 1209.37 Compensation and reimbursement. The members of the Council shall serve without compensation but shall be reimbursed for necessary...


Order Sec. 1209.38 Powers. The Council shall have the following powers: (a) To receive and evaluate or, on its own initiative, develop and...


Order Sec. 1209.39 Duties. The Council shall have the following duties: (a) To meet not less than annually, and to organize and select from...


Order Sec. 1209.40 Programs, plans, and projects. (a) The Council shall receive and evaluate, or on its own initiative develop, and submit to...


Order Sec. 1209.50 Budget and expenses. (a)(1) At least 60 days prior to the beginning of each fiscal year, and as may be necessary thereafter,...


Order Sec. 1209.51 Assessments. (a) Any first handler initially purchasing, or otherwise placing into the current of commerce, mushrooms produced in...


Order Sec. 1209.52 Exemption from assessment. (a) Persons that produce or import, on average, 500,000 pounds or less of mushrooms annually shall be...


Order Sec. 1209.53 Influencing governmental action. No funds received by the Council under this subpart shall in any manner be used for the purpose...


Order Sec. 1209.60 Reports. (a) Each producer marketing mushrooms of that person's own production directly to consumers, and each first...


Order Sec. 1209.61 Books and records. Each persons who is subject to this subpart shall maintain and make available for inspection by the Council or...


Order Sec. 1209.62 Confidential treatment. All information obtained from books, records, or reports under the Act, this subpart, and the rules...


Order Sec. 1209.70 Right of the Secretary. All fiscal matters, programs, plans, or projects, rules or regulations, reports, or other substantive...


Order Sec. 1209.71 Suspension or termination. (a) Whenever the Secretary finds that this subpart or any provision thereof obstructs or does not tend...


Order Sec. 1209.72 Proceedings after termination. (a) Upon the termination of this subpart, the Council shall recommend not more than five of its members...


Order Sec. 1209.73 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of...


Order Sec. 1209.74 Personal liability. No member or employee of the Council shall be held personally responsible, either individually or jointly, in any...


Order Sec. 1209.75 Patents, copyrights, inventions, publications, and product formulations. Any patents, copyrights, inventions, publications, or...


Order Sec. 1209.76 Amendments. Amendments to this subpart may be proposed, from time to time, by the Council or by any interested person affected by...


Order Sec. 1209.77 Separability. If any provision of this subpart is declared invalid, or the applicability thereof to any person or circumstances is...


1209.200 Terms defined. Source: 58 FR 8197, Feb. 11, 1993, unless otherwise noted. Definitions Unless...


1209.230 Reallocation of council members. Pursuant to Sec. 1209.30 of the Order, the regions and their number of members on the Council shall be as follows: ...


1209.231 Nominations. Nominations shall be made at regional caucuses of producers or importers, or by mail ballot in accordance with the...


1209.233 Regional caucus chairpersons. (a) Regional caucus chairpersons shall be elected by a simple majority vote of eligible voters in attendance. Such...


1209.235 Mail balloting. (a) After the initial regional caucuses, the Council may conduct nominations of individuals as candidates for appointment to the...


1209.237 Appointment. If an employee, partner, officer, or shareholder of a producer or importer is a current member of the Council, no nominee who is also...


1209.239 Financial statements. (a) As requested by the Secretary, the Council shall prepare and submit financial statements to the Secretary on a periodic...


1209.251 Payment of assessments. (a) Each first handler responsible for collecting assessments on domestic mushrooms shall collect the amounts assessed and...


1209.252 Exemption procedures. (a) Any person who produces or imports, on average, 500,000 pounds or less of mushrooms annually and who desires to claim...


1209.260 Reports. Each first handler shall be required to report monthly to the Council such [[Page 80]] information as may be required...


1209.280 OMB control numbers. The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to...


With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.300 General. Source: 62 FR 66975, Dec. 23, 1997, unless...


Connection With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.301 Definitions. Unless otherwise defined below, the definition...


With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.302 Voting. (a) Each person who is an eligible producer or importer,...


With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.303 Instructions. The referendum agent shall conduct the referendum,...


With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.304 Subagents. The referendum agent may appoint any individual...


With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.305 Ballots. The referendum agent and subagents shall accept all...


With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.306 Referendum report. Except as otherwise directed, the...


With the Mushroom Promotion, Research, and Consumer Information Order Sec. 1209.307 Confidential information. The ballots and other information...


Secretary. Source: 54 FR 24545, June 8, 1989, unless otherwise noted. Definitions Secretary means the Secretary...


Act. Act means the Watermelon Research and Promotion Act of 1985 (Title XVI, Subtitle C of Pub. L. 99-198, 99th Congress, effective January 1, 1986, 99 Stat. 1622),...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1210.303] [Page 83] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN--Table of Contents Subpart A--Watermelon Research and Promotion Plan Sec. 1210.303 Plan. Plan means this watermelon research and promotion Plan issued by the Secretary pursuant to the Act. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1210.304] [Page 83] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN--Table of Contents Subpart A--Watermelon Research and Promotion Plan Sec. 1210.304 Board. Board means the National Watermelon Promotion Board, hereinafter established pursuant to Sec. 1210.320. ...


Watermelon. Watermelon means all varieties of the Family Curcubitaceae; Genus and Species; Citrullus Lanatus, popularly referred to as watermelon grown by producers...


Producer. Producer means any person engaged in the growing of 10 acres or more of watermelons including any person who owns or shares the ownership and risk of loss...


Handle. Handle means to grade, pack, process, sell, transport, purchase, or in any other way to place or cause watermelons to which one has title or possession to...


1210.308 Handler. Handler means any person (except a common or contract carrier of watermelons owned by another person) who handles watermelons, including a producer...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1210.309] [Page 84] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN--Table of Contents Subpart A--Watermelon Research and Promotion Plan Sec. 1210.309 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or other entity. ...


Fiscal period and marketing year. Fiscal period and marketing year mean the 12 month period from January 1 to December 31 or such other period which may be approved...


Programs and projects. Programs and projects mean those research, development, advertising, or promotion programs or projects developed by the Board pursuant to Sec....


Promotion. Promotion means any action taken by the Board, pursuant to the Act, to present a favorable image for watermelons to the public with the express intent...


Research. Research means any type of systematic study or investigation, and/or the evaluation of any study or investigation designed to advance the image,...


Importer. Importer means any person who imports watermelons into the United States as a principal or as an agent, broker, or consignee for any person who...


United States. United States means each of the several States and the District of Columbia. [60 FR 10797, Feb. 28, 1995] ...


1210.320 Establishment and membership. (a) There is hereby established a National Watermelon Promotion Board, hereinafter called the ``Board.'' The Board shall be composed...


1210.321 Nominations and selection. The Secretary shall appoint the members of the Board from nominations to be made in the following manner: (a) There shall be...


Term of office. (a) The term of office of Board members shall be three years. (b) Except in the case of mid-term vacancies, the term of office shall begin on...


Acceptance. Each person nominated for membership on the Board shall qualify by filing a written acceptance with the Secretary. Such written acceptance shall...


Vacancies. (a) In the event any member of the Board ceases to be a member of the category of members from which the member was appointed to the Board, such...


Procedure. (a) A simple majority of Board members shall constitute a quorum and any action of the Board shall require the concurring votes of a majority of...


Compensation and reimbursement. Board members shall serve without compensation but shall be reimbursed for reasonable expenses incurred by them in the performance...


Powers. The Board shall have the following powers subject to Sec. 1210.363: (a) To administer the provisions of this Plan in accordance with its terms...


1210.328 Duties. The Board shall, among other things, have the following duties: (a) To meet, organize, and select from among its members a president and such...


Policy and objective. It shall be the policy of the Board to carry out an effective, continuous, and coordinated program of research, development, advertising,...


Programs and projects. The Board shall develop and submit to the Secretary for approval any programs or projects authorized in this section. Such programs or...


1210.340 Budget and expenses. (a) Prior to the beginning of each fiscal period, or as may be necessary [[Page 89]] thereafter, the Board shall prepare...


1210.341 Assessments. (a) During the effective period of this subpart, assessments shall be levied on all watermelons produced and first handled in the United States and...


Exemption from assessment. (a) The Board may exempt watermelons used for nonfood purposes from the provisions of this Plan and shall establish adequate...


Operating reserve. The Board may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in a reserve so...


Reports. (a) Each handler shall maintain a record with respect to each producer for whom watermelons were handled and for watermelons produced and handled by...


1210.351 Books and records. Each handler and importer subject to this Plan shall maintain, and during normal business hours make available for inspection by employees of...


Confidential treatment. (a) All information obtained from the books, records, or reports required to be maintained under Sec. Sec. 1210.350 and 1210.351 shall be...


Right of the Secretary. All fiscal matters, programs or projects, rules or regulations, reports, or other substantive actions proposed and prepared by the Board...


Personal liability. No member or employee of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever to...


Influencing government action. No funds received by the Board under this Plan shall in any manner be used for the purpose of influencing governmental policy or...


1210.363 Suspension or termination. (a) Whenever the Secretary finds that this Plan or any provision thereof obstructs or does not tend to effectuate the declared policy...


Proceedings after termination. (a) Upon the termination of this Plan, the Board shall recommend not more than five of its members to the Secretary to serve as trustees...


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


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


1210.367 Patents, copyrights, inventions, and publications. Any patents, copyrights, inventions, product formulations, or publications developed through the use of funds...


Source: 54 FR 38205, Sept. 15, 1989, unless otherwise noted. Producer and Handler Members Unless otherwise defined in...


(a) Except for the initial district convention in each district, which will be called and opened by a representative of the Secretary, the Board shall...


Voter and board member nominee eligibility. (a) All producers and handlers within a district may participate in their district convention for the purpose of nominating...


Voting procedures. (a) Proxy voting by producers and handlers for producer and handler nominees shall be permitted at all district conventions: Provided, That producers...


nomination and selection. (a) The Board shall include one or more representatives of importers, who shall be appointed by the Secretary from...


Public member nominations and selection. (a) The public member shall be nominated by the other members of the Board. The public member shall have no direct financial interest...


Source: 55 FR 13256, Apr. 10, 1990, unless otherwise noted. Definitions Unless otherwise defined in this...


districts. Pursuant to Sec. 1210.320(c) of the Plan, the districts shall be as follows: District 1--The Florida counties of Brevard, Broward, Collier,...


Contracts. The Board, with the approval of the Secretary, may enter into contracts or make agreements with persons for the development and submission to it of programs...


Agriculture costs. Pursuant to Sec. 1210.340, the Board shall reimburse the Department of Agriculture for referendum and administrative costs incurred by...


assessments. (a) An assessment of two cents per hundredweight shall be levied on all watermelons produced for ultimate consumption as human food, and an assessment...


Determination of handler. The producer and handler assessments on each lot of watermelons handled shall be paid by the handler. Unless otherwise provided in this section,...


Payment of assessments. (a) Time of payment. The assessment on domestically produced watermelons shall become due at the time the first handler handles the watermelons...


to report and remit. Any handler and importer who fails to submit reports and remittances according to the provisions of Sec. 1210.518 shall be subject to...


Each importer of less than 150,000 pounds of watermelons during any calendar year shall be entitled to apply for a refund of the assessments paid in an amount equal...


Reports of disposition of exempted watermelons. The Board may require reports by handlers or importers on the handling/importing and disposition of exempted watermelons...


period for records. Each handler and importer required to make reports pursuant to this subpart shall maintain and retain for at least 2 years beyond the...


of records. Each handler and importer required to make reports pursuant to this subpart shall make available for inspection and copying by authorized employees...


books, records, and reports. All information obtained from the books, records, and reports of handlers and importers and all information with respect to refunds...


assigned numbers. The information collection and recordkeeping requirements contained in this part have been approved by the Office of Management and Budget (OMB) under...


Source: 66 FR 56388, Nov. 7, 2001; 67 FR 17907, Apr. 12, 2002, unless otherwise noted. Referenda to determine whether eligible producers, handlers,...


Definitions. Unless otherwise defined in this section, the definition of terms used in these procedures shall have the same meaning as the definitions in the Plan. ...


Voting. (a) Each person who is an eligible producer, handler, or importer as defined in this subpart, at the time of the referendum and who also was a producer, handler,...


The referendum agent shall conduct the referendum, in the manner provided in this section, under the supervision of the Administrator. The Administrator...


The referendum agent may appoint any individual or individuals necessary to assist the agent in performing such agent's functions hereunder. Each individual...


The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be questioned for any reason, the...


report. Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner...


information. All ballots cast and their contents and all other information or reports furnished to, compiled by, or in possession of, the referendum agent...


With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.200 General. A referendum to determine whether...


Connection With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.201 Definitions. Unless otherwise defined in this section,...


With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.202 Voting. (a) Each person who is an eligible producer or...


With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.203 Instructions. The referendum agent shall conduct the...


With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.204 Subagents. The referendum agent may appoint any individual...


With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.205 Ballots. The referendum agent and subagents shall accept...


With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.206 Referendum report. Except as otherwise directed, the...


With the Kiwifruit Research, Promotion, and Consumer Information Order Sec. 1214.207 Confidential information. The ballots and other information...


Sec. 1215.1 Act. Definitions Act means the Popcorn Promotion, Research, and Consumer Information Act of...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1215.2] [Page 108] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1215--POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION-- Table of Contents Subpart A--Popcorn Promotion, Research, and Consumer Information Order Sec. 1215.2 Board. Board means the Popcorn Board established under section 575(b) of the Act. ...


Sec. 1215.3 Board member. Board member means an officer or employee of a processor appointed by the Secretary to serve on the Popcorn Board as...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1215.4] [Page 108] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1215--POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION-- Table of Contents Subpart A--Popcorn Promotion, Research, and Consumer Information Order Sec. 1215.4 Commerce. Commerce means interstate, foreign, or intrastate commerce. ...


Sec. 1215.5 Consumer information. Consumer information means information and programs that will assist consumers and other persons in making evaluations...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1215.6] [Page 108] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1215--POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION-- Table of Contents Subpart A--Popcorn Promotion, Research, and Consumer Information Order Sec. 1215.6 Department. Department means the United States Department of Agriculture. ...


Sec. 1215.7 Fiscal year. Fiscal year means the 12-month period from January 1 through December 31 each year, or such other period as recommended by the...


Sec. 1215.8 Industry information. Industry information means information and programs that will lead to the development of new markets, new...


Sec. 1215.9 Marketing. Marketing means the sale or other disposition of unpopped popcorn for human consumption in a channel of commerce but shall not...


Sec. 1215.10 Part and subpart. Part means the Popcorn Promotion, Research, and Consumer Information Order and all rules and regulations and...


Sec. 1215.11 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other...


Sec. 1215.12 Popcorn. Popcorn means unpopped popcorn (Zea Mays L) that is commercially grown, processed in the United States by shelling, cleaning,...


Sec. 1215.13 Process. Process means to shell, clean, dry, and prepare popcorn for the market, but does not include packaging popcorn for the market...


Sec. 1215.14 Processor. Processor means a person engaged in the preparation of unpopped popcorn for the market who owns or who shares the ownership and...


Sec. 1215.15 Programs, plans, and projects. Programs, plans, and projects means promotion, research, consumer information, and industry information...


Sec. 1215.16 Promotion. Promotion means any action, including paid advertising, to enhance the image or desirability...


Sec. 1215.17 Research. Research means any type of study to advance the image, desirability, marketability, production, product development, quality,...


Sec. 1215.18 Secretary. Secretary means the Secretary of Agriculture of the United States or any officer or employee of the Department to whom authority...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1215.19] [Page 109] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1215--POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION-- Table of Contents Subpart A--Popcorn Promotion, Research, and Consumer Information Order Sec. 1215.19 State. State means each of the 50 States and the District of Columbia. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1215.20] [Page 109] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1215--POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION-- Table of Contents Subpart A--Popcorn Promotion, Research, and Consumer Information Order Sec. 1215.20 United States. United States means all of the States. Popcorn Board ...


Sec. 1215.21 Establishment and membership. (a) There is hereby established a Popcorn Board of nine members. The number of members on the Board may be...


Sec. 1215.22 Nominations and appointment. (a) All nominations for appointments to the Board established under Sec. 1215.21 shall be made...


Sec. 1215.23 Acceptance. Each individual nominated for membership of the Board shall qualify by filing a written acceptance with the Secretary at the time...


Sec. 1215.24 Term of office. (a) The members of the Board shall serve for terms of three years, except that members appointed to the initial Board...


Sec. 1215.25 Vacancies. (a) To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Board,...


Sec. 1215.26 Removal. If a member of the Board consistently refuses to perform the duties of a member of the Board, or if a member of the Board is known...


Sec. 1215.27 Procedure. (a) At a properly convened meeting of the Board, a majority of the members shall constitute a quorum. (b) Each member...


Sec. 1215.28 Compensation and reimbursement. The members of the Board shall serve without compensation but shall be reimbursed for necessary and...


Sec. 1215.29 Powers. The Board shall have the following powers: (a) To administer the Order in accordance with its terms and provisions; ...


Sec. 1215.30 Duties. The Board shall have the following duties: (a) To meet not less than annually, and to organize and select from among...


Sec. 1215.40 Programs, plans, and projects. (a) The Board shall receive and evaluate, or on its own initiative develop, and submit to the Secretary...


Sec. 1215.41 Contracts. The Board shall not contract with any processor for the purpose of promotion or research. The Board may lease physical...


Sec. 1215.50 Budget and expenses. (a) At least 60 days prior to the beginning of each fiscal year, and as may be necessary thereafter, the Board...


Sec. 1215.51 Assessments. (a) Any processor marketing popcorn in the United States or for export shall pay an assessment on such popcorn at the time...


Sec. 1215.52 Exemption from assessment. (a) Persons that process and distribute 4 million pounds or less of popcorn annually, based on the previous...


Sec. 1215.53 Influencing governmental action. No funds received by the Board under this subpart shall in any manner be used for the purpose of...


Sec. 1215.60 Reports. (a) Each processor marketing popcorn directly to consumers, and each processor responsible for the remittance of assessments under...


Sec. 1215.61 Books and records. Each person who is subject to this subpart shall maintain and make available for inspection by the Board or the...


Sec. 1215.62 Confidential treatment. (a) All information obtained from books, records, or reports under the Act, this subpart, and the rule...


Sec. 1215.70 Right of the Secretary. All fiscal matters, programs, plans, or projects, contracts, rules or regulations, reports, or other substantive...


Sec. 1215.71 Suspension or termination. (a) Whenever the Secretary finds that this subpart or any provision thereof obstructs or does not tend to...


Sec. 1215.72 Proceedings after termination. (a) Upon the termination of this subpart, the Board shall recommend not more than five of its members to...


Sec. 1215.73 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any rule...


Sec. 1215.74 Personal liability. No member or employee of the Board shall be held personally responsible, either individually or jointly, in any...


Sec. 1215.75 Patents, copyrights, inventions, publications, and product formulations. Any patents, copyrights, inventions, publications, or...


Sec. 1215.76 Amendments. Amendments to this subpart may be proposed, from time to time, by the Board or by any interested persons affected by the...


Sec. 1215.77 Separability. If any provision of this subpart is declared invalid, or the applicability thereof to any person or circumstances is held...


1215.100 Terms defined. Definitions Unless otherwise defined in this subpart, the definitions of terms used in this...


1215.300 Exemption procedures. (a) Any processor who markets 4 million pounds or less of popcorn annually and who desires to claim an exemption from assessments during...


1215.400 OMB control numbers. The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to...


1216.1 Act. Source: 64 FR 41256, July 29, 1999, unless otherwise noted. Definitions Act means the...


1216.2 Additional peanuts. Additional peanuts means peanuts which are marketed from a farm other than peanuts marketed or considered marketed as...


1216.3 Area marketing association. Area marketing association means an association selected and approved by the Secretary to conduct activities under...


1216.4 Board. Board means the administrative body referred to as the National Peanut Board established pursuant to Sec....


1216.5 Conflict of interest. Conflict of interest means a situation in which a member or employee of the Board has a direct or indirect financial interest in...


1216.6 Contract export additional peanuts. Contract export additional peanuts are additional peanuts for exportation, including peanuts for crushing...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1216.7] [Page 119] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1216--PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER--Table of Contents Subpart A--Peanut Promotion, Research, and Information Order Sec. 1216.7 Department. Department means the U.S. Department of Agriculture. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1216.8] [Page 119] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1216--PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER--Table of Contents Subpart A--Peanut Promotion, Research, and Information Order Sec. 1216.8 Farm Service Agency. Farm Service Agency or FSA means the U.S. Department of Agriculture's Farm Service Agency. ...


1216.9 Farmers stock peanuts. Farmers stock peanuts means picked or threshed peanuts produced in the United States which have not been changed (except for...


1216.10 First handler. First handler means any person who handles peanuts in a capacity other than that of a custom cleaner or dryer, an assembler,...


1216.11 Fiscal year. Fiscal year is synonymous with crop year and means the 12-month period beginning with August 1 of any year and ending with July 31...


Sec. 1216.12 Handle. Handle means to engage in the receiving or acquiring, cleaning and shelling, cleaning in-shell, or crushing of peanuts and in the...


1216.13 Information. Information means information and programs that are designed to increase efficiency in processing and to develop new markets,...


1216.14 Market. Market means to sell or otherwise dispose of peanuts into interstate, foreign, or intrastate commerce by buying, marketing, distributing,...


1216.15 Minor peanut-producing states. Minor peanut-producing states means all peanut-producing states with the exception of Alabama, Florida, Georgia,...


1216.16 Order. Order means an Order issued by the Secretary under section 514 of the Act that provides for a program of generic promotion, research,...


1216.17 Part and subpart. Part means the Peanut Promotion, Research, and Information Order and all rules, regulations, and supplemental Orders issued pursuant...


1216.18 Peanuts. Peanuts means the seeds of the legume arachis hypogaea and includes both in-shell and shelled peanuts other than those marketed by...


1216.19 Peanut producer organization. Peanut producer organization means a state-legislated peanut promotion, research, and education commission or...


1216.20 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other...


1216.21 Primary peanut-producing states. Primary peanut-producing states means Alabama, Florida, Georgia, New Mexico, North Carolina, Oklahoma, South...


1216.22 Producer. Producer means any person engaged in the production and sale of peanuts and who owns, or shares the ownership and risk of loss of...


1216.23 Promotion. Promotion means any action taken by the Board under this Order, including paid advertising, to present a favorable image of peanuts...


1216.24 Quota peanuts. Quota peanuts means peanuts which are: (a) Eligible for domestic edible uses; and (b) Marketed or considered marketed from...


1216.25 Research. Research means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production,...


1216.26 Secretary. Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the U.S. Department of Agriculture to...


1216.27 Suspend. Suspend means to issue a rule under section 553 of title 5, United States Code, to temporarily prevent the operation of an Order, or...


1216.28 State. State means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the...


1216.29 Terminate. Terminate means to issue a rule under section 553 of title 5, United States Code, to cancel permanently the operation of an Order, or...


1216.30 United States. United States means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories...


1216.40 Establishment and membership. (a) Establishment of a National Peanut Board. There is hereby established a National Peanut Board, hereinafter called...


1216.41 Nominations. (a) All nominations authorized under Sec. 1216.40 shall be made within such a period of time as the Secretary shall prescribe....


1216.42 Selection. From the nominations, the Secretary shall select the members of the Board and alternates for each primary peanut-producing state....


1216.43 Term of office. All members and alternates of the Board shall each serve for terms of three years, except that the members and alternates appointed...


1216.44 Vacancies. To fill any vacancy resulting from the failure to qualify of any person selected as a member or as an alternate member of the Board,...


Sec. 1216.45 Alternate members. An alternate member of the Board, during the absence of the member for the primary peanut-producing state or at-large member...


1216.46 Procedure. (a) A majority of the members of the Board, including alternate members acting for members, shall constitute a quorum. (b)...


1216.47 Compensation and reimbursement. The members of the Board, and alternates when acting as members, shall serve without compensation but shall be...


Sec. 1216.48 Powers and duties. The Board shall have the following powers and duties: (a) To administer the Order in accordance with its terms...


1216.49 Prohibited activities. The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: (a) Any...


Sec. 1216.50 Budget and expenses. (a) At least 60 days prior to the beginning of each fiscal year, and as may be necessary thereafter, the Board shall prepare...


Sec. 1216.51 Assessments. (a) The funds to cover the Board's expenses shall be acquired by the levying of assessments upon producers in a manner prescribed by...


1216.52 Programs, plans, and projects. (a) The Board shall receive and evaluate, or on its own initiative develop, and submit to the Secretary for approval...


1216.53 Independent evaluation. The Board shall, not less often than every five years, authorize and fund, from funds otherwise available to the Board,...


1216.54 Operating reserve. The Board shall establish an operating monetary reserve and may carry over to subsequent fiscal years excess funds in a reserve...


Sec. 1216.55 Investment of funds. The Board may invest, pending disbursement, funds it receives under this subpart, only in obligations of the United States...


1216.60 Reports. (a) Each producer and first handler subject to this part shall be required to report to the employees of the Board, at such times and...


1216.61 Books and records. Each first handler and producer subject to this subpart shall maintain and make available for inspection by the Secretary...


1216.62 Confidential treatment. All information obtained from books, records, or reports under the Act, this subpart, and the regulations issued thereunder...


Sec. 1216.70 Certification. (a) Organizations receiving certification from the Secretary will be entitled to submit nominations for Board membership to...


1216.80 Right of the Secretary. All fiscal matters, programs, plans, or projects, rules or regulations, reports, or other substantive actions proposed...


1216.81 Implementation of the Order. The Order shall not become effective unless: (a) The Secretary determines that the Order is consistent with and...


Sec. 1216.82 Suspension and termination. (a) The Secretary shall suspend or terminate this subpart or a provision thereof if the Secretary finds that this...


1216.83 Proceedings after termination. (a) Upon the termination of this subpart, the Board shall recommend not more than three of its members to the Secretary...


1216.84 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation...


1216.85 Personal liability. No member or alternate member of the Board shall be held personally responsible, either individually or jointly with others, in...


1216.86 Separability. If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances is held invalid,...


1216.87 Amendments. Amendments to this subpart may be proposed, from time to time, by the Board or by any interested person affected by the provisions of...


1216.88 Patents, copyrights, trademarks, information, publications, and product formulations. Patents, copyrights, trademarks, information, publications,...


the Peanut Promotion, Research, and Information Order Sec. 1216.100 General. Referenda to determine whether eligible peanut producers favor...


the Peanut Promotion, Research, and Information Order Sec. 1216.101 Definitions. The following definitions apply to this subpart: ...


the Peanut Promotion, Research, and Information Order Sec. 1216.102 Voting. (a) Each person who is an eligible producer, as defined in...


the Peanut Promotion, Research, and Information Order Sec. 1216.103 Instructions. The referendum agent shall conduct the referendum, in the...


the Peanut Promotion, Research, and Information Order Sec. 1216.104 Subagents. The referendum agent may appoint any individual or...


the Peanut Promotion, Research, and Information Order Sec. 1216.105 Ballots. The referendum agent and subagents shall accept all ballots...


the Peanut Promotion, Research, and Information Order Sec. 1216.106 Referendum report. Except as otherwise directed, the referendum agent shall...


the Peanut Promotion, Research, and Information Order Sec. 1216.107 Confidential information. The ballots and other information or reports...


Sec. 1218.1 Act. Source: 65 FR 43963, July 17, 2000, unless otherwise noted. Editorial Note: Nomenclature changes appear at 66 FR 37118, 37119,...


Sec. 1218.2 Blueberries. Blueberries means cultivated blueberries grown in or imported into the United States of the genus Vaccinium Corymbosum and...


Sec. 1218.3 Conflict of interest. Conflict of interest means a situation in which a member or employee of the U.S.A. Cultivated...


Sec. 1218.4 Crop year. Crop year means the 12-month period from November 1 through October 31 of the following year or such other period approved by...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1218.5] [Page 133] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1218--BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER--Table of Contents Subpart A--Blueberry Promotion, Research, and Information Order Sec. 1218.5 Department. Department means the U.S. Department of Agriculture. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1218.6] [Page 133] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1218--BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER--Table of Contents Subpart A--Blueberry Promotion, Research, and Information Order Sec. 1218.6 Exporter. Exporter means a person involved in exporting blueberries from another country to the United States. ...


Sec. 1218.7 First handler. First handler means any person, (excluding a common or contract carrier), receiving blueberries from producers and who as owner,...


Sec. 1218.8 Fiscal period. Fiscal period means a calendar year from January 1 through December 31, or such other period as approved by...


Sec. 1218.9 Importer. Importer means any person who imports fresh or processed blueberries into the United States as a principal or as an agent, broker,...


Sec. 1218.10 Information. Information means information and programs that are designed to increase efficiency in processing and to develop new markets,...


Sec. 1218.11 Market or marketing. (a) Marketing means the sale or other disposition of blueberries in any channel of commerce. (b) To market means...


Sec. 1218.12 Order. Order means an order issued by the Secretary under section 514 of the Act that provides for a program of generic promotion, research,...


Sec. 1218.13 Part and subpart. Part means the Blueberry Promotion, Research, and Information Order and all rules, regulations, and supplemental orders...


Sec. 1218.14 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other...


Sec. 1218.15 Processed blueberries. Processed blueberries means blueberries which have been frozen, dried, pureed, or made...


Sec. 1218.16 Producer. Producer means any person who grows blueberries in the United States for sale in commerce, or a person who is engaged in the business...


Sec. 1218.17 Promotion. Promotion means any action taken to present a favorable image of blueberries to the general public and the food industry for the...


Sec. 1218.18 Research. Research means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production,...


Sec. 1218.19 Secretary. Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority...


Sec. 1218.20 Suspend. Suspend means to issue a rule under section 553 of title 5, U.S.C., to temporarily prevent the operation of an order or part thereof...


Sec. 1218.21 Terminate. Terminate means to issue a rule under section 553 of title 5, U.S.C., to cancel permanently the operation of an order or part...


Sec. 1218.22 United States. United States means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories...


Sec. 1218.23 USACBC. USACBC, or U.S.A. Cultivated Blueberry Council, means the administrative body established pursuant to Sec. 1218.40. [65 FR...


Sec. 1218.40 Establishment and membership. (a) Establishment of the U.S.A. Cultivated Blueberry Council. There is hereby established a U.S.A....


Sec. 1218.41 Nominations and appointments. (a) Voting for regional and state representatives will be made by mail ballot. (b) In a case where a state...


Sec. 1218.42 Term of office. USACBC members and alternates will serve for a term of three years and be able to serve a maximum of two consecutive terms....


Sec. 1218.43 Vacancies. (a) In the event that any member of the USACBC ceases to be a member of the category of members from which the member was appointed...


Sec. 1218.44 Alternate members. An alternate member of the USACBC, during the absence of the member for whom the person is the alternate, shall act in the...


Sec. 1218.45 Procedure. (a) At a USACBC meeting, it will be considered a quorum when a minimum of seven members, or their alternates serving in the...


Sec. 1218.46 Compensation and reimbursement. The members of the USACBC, and alternates when acting as members, shall serve without compensation but shall...


Sec. 1218.47 Powers and duties. The USACBC shall have the following powers and duties: (a) To administer the Order in accordance with its terms...


Sec. 1218.48 Prohibited activities. The USACBC may not engage in, and shall prohibit the employees and agents of the USACBC from engaging in: (a)...


Sec. 1218.50 Budget and expenses. (a) At least 60 days prior to the beginning of each fiscal year, and as may be necessary thereafter, the USACBC...


Sec. 1218.51 Financial statements. (a) As requested by the Secretary, the USACBC shall prepare and submit financial statements to the Secretary on a...


Sec. 1218.52 Assessments. (a) The funds to cover the Council's expenses shall be paid from assessments on producers and importers, donations from any...


Sec. 1218.53 Exemption procedures. (a) Any producer who produces less than 2,000 pounds of blueberries annually who desires to claim an exemption...


Sec. 1218.54 Programs, plans, and projects. (a) The USACBC shall receive and evaluate, or on its own initiative develop, and submit to the Secretary...


Sec. 1218.55 Independent evaluation. The USACBC shall, not less often than every five years, authorize and fund, from funds otherwise available to the USACBC,...


Sec. 1218.56 Patents, copyrights, trademarks, information, publications, and product formulations. Patents, copyrights, trademarks, information,...


Sec. 1218.60 Reports. (a) Each first handler subject to this subpart may be required to provide to the USACBC periodically such information as may be...


Sec. 1218.61 Books and records. Each first handler, producer, and importer subject to this subpart shall maintain and make available for inspection by...


Sec. 1218.62 Confidential treatment. All information obtained from books, records, or reports under the Act, this subpart, and the regulations issued...


Sec. 1218.70 Right of the Secretary. All fiscal matters, programs, plans, or projects, rules or regulations, reports, or other substantive actions proposed...


Sec. 1218.71 Referenda. (a) Initial referendum. The Order shall not become effective unless: (1) The Secretary determines that the Order is consistent...


Sec. 1218.72 Suspension and termination. (a) The Secretary shall suspend or terminate this part or subpart or a provision thereof if the Secretary finds...


Sec. 1218.73 Proceedings after termination. (a) Upon the termination of this subpart, the USACBC shall recommend not more than three of its members to...


Sec. 1218.74 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any...


Sec. 1218.75 Personal liability. No member, alternate member, or employee of the USACBC shall be held personally responsible, either individually or jointly...


Sec. 1218.76 Separability. If any provision of this subpart is declared invalid or the applicability thereof to any person or...


Sec. 1218.77 Amendments. Amendments to this subpart may be proposed from time to time by the USACBC or by any interested person affected by the provisions of...


Sec. 1218.78 OMB control numbers. The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to...


the Blueberry Promotion, Research, and Information Order Sec. 1218.100 General. Referenda to determine whether eligible blueberry producers...


the Blueberry Promotion, Research, and Information Order Sec. 1218.101 Definitions. (a) Administrator means the Administrator of the...


the Blueberry Promotion, Research, and Information Order Sec. 1218.102 Voting. (a) Each person who is an eligible producer or an eligible...


the Blueberry Promotion, Research, and Information Order Sec. 1218.103 Instructions. The referendum agent shall conduct the referendum, in the...


the Blueberry Promotion, Research, and Information Order Sec. 1218.104 Subagents. The referendum agent may appoint any individual or...


the Blueberry Promotion, Research, and Information Order Sec. 1218.105 Ballots. The referendum agent and subagents shall accept all ballots...


the Blueberry Promotion, Research, and Information Order Sec. 1218.106 Referendum report. Except as otherwise directed, the referendum agent...


the Blueberry Promotion, Research, and Information Order Sec. 1218.107 Confidential information. The ballots and other information or reports...


Sec. 1219.1 Act. Source: 67 FR 56897, Sept. 6, 2002, unless otherwise noted. Definitions Act means the...


Sec. 1219.2 Association. Association means an avocado organization established by State statute in a State with the majority of Hass avocado production in...


Sec. 1219.3 Conflict of interest. Conflict of interest means a situation in which a Board member or employee has a direct or indirect financial interest in...


Sec. 1219.4 Consumer information. Consumer information means any action or program that disseminates or otherwise provides information to consumers and...


Sec. 1219.5 Crop year. Crop year means the period from November 1 of one year through October 31 of the following year, or such other one-year...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1219.6] [Page 147] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1219--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION--Table of Contents Subpart A--Hass Avocado Promotion, Research, and Information Order Sec. 1219.6 Customs. Customs means the United States Customs Service. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1219.7] [Page 147] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1219--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION--Table of Contents Subpart A--Hass Avocado Promotion, Research, and Information Order Sec. 1219.7 Department. Department means the United States Department of Agriculture. ...


Sec. 1219.8 Exempt handler. Exempt handler means a person who would otherwise be considered a first handler, except that all Hass avocados purchased by the...


Sec. 1219.9 First handler. First handler means a person operating in the Hass avocado marketing system that sells domestic or imported Hass avocados...


Sec. 1219.10 Fiscal period or marketing year. Fiscal period or marketing year means the period beginning on November 1 of any year and extending through the...


Sec. 1219.11 Handle. Handle means to pack, process, transport, purchase, or in any other way to [[Page 148]] place or cause Hass...


Sec. 1219.12 Hass avocado. Hass avocado means the fruit grown in or imported into the United States of the species Persea americana Mill., or other type...


Sec. 1219.13 Hass Avocado Board. Hass Avocado Board or the Board means the administrative body established pursuant to Sec....


Sec. 1219.14 Importer. Importer means any person who imports Hass avocados into the United States. The term includes a person who holds title to Hass...


Sec. 1219.15 Industry information. Industry information means information, programs, and activities that are designed to increase efficiency in...


Sec. 1219.16 Marketing. Marketing means any activity related to the sale or other disposition of Hass avocados in any channel...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1219.17] [Page 148] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1219--HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION--Table of Contents Subpart A--Hass Avocado Promotion, Research, and Information Order Sec. 1219.17 Order. Order means this subpart. ...


Sec. 1219.18 Part and subpart. Part means the Order and all rules, regulations, and supplemental orders issued pursuant to the Act and the Order. The...


Sec. 1219.19 Person. Person means any individual, group of individuals, firm, partnership, corporation, joint stock company, association, cooperative,...


Sec. 1219.20 Producer. Producer means any person who is engaged in the business of producing Hass avocados in the United States for commercial use,...


Sec. 1219.21 Programs, plans, and projects. Programs, plans, and projects means those research, promotion, and information programs, plans, studies, or...


Sec. 1219.22 Promotion. Promotion means any action to advance the image, desirability, or marketability of Hass avocados in the United States, including...


Sec. 1219.23 Research. Research means any type of test, study, or analysis relating to market research, market development, and market efforts, or relating...


Sec. 1219.24 Secretary. Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom...


Sec. 1219.25 State. State means any of the several 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the...


Sec. 1219.26 United States. United States means collectively the several 50 States of the United States, the District of Columbia, the Commonwealth of...


Sec. 1219.30 Establishment and membership. (a) A Hass Avocado Board, called the Board elsewhere in this part, is hereby established to administer the terms...


Sec. 1219.31 Initial nomination and appointment of producer members and alternates. (a) The Association will nominate producer members and alternates...


Sec. 1219.32 Initial nomination and appointment of importer members and alternates. (a) The Department will conduct the nomination process for the...


Sec. 1219.33 Subsequent nomination and appointment of Board members and alternates. The Board's staff shall announce at least 150 days in advance of...


Sec. 1219.34 Failure to nominate. In any case in which producers or importers fail to nominate individuals for appointment to the Board, the Secretary...


Sec. 1219.35 Term of office. The members and alternate members of the Board shall serve for terms of three years, except the members of the initial...


Sec. 1219.36 Vacancies. (a) In the event any member or alternate of the Board ceases to be a member of the category of members from which the member...


Sec. 1219.37 Alternate members. An alternate member of the Board, during the absence of the member for whom the person is the alternate, shall act in the...


Sec. 1219.38 Powers and duties. The Board shall have the following powers and duties in addition to the responsibilities and authorities specified in...


Sec. 1219.39 Board procedure. (a) At a properly convened meeting of the Board, seven (7) members, including alternates acting in place of members of...


Sec. 1219.40 Committee procedure. (a) The Board may establish committees as deemed necessary to carry out the purposes and objectives of the Order. ...


Sec. 1219.41 Compensation and expenses. (a) The members and alternates of the Board and committee members shall serve without compensation but shall...


Sec. 1219.42 Prohibited activities. The Board may not engage in and shall prohibit its employees and agents from engaging in: (a) Any action...


Sec. 1219.50 Budgets, programs, plans, and projects. (a) The Board shall submit to the Secretary, on a fiscal period basis, annual budgets of its...


Sec. 1219.51 Contracts and agreements. (a) The Board shall enter into a contract or an agreement with the Association for the implementation of programs,...


Sec. 1219.52 Control of administrative costs. (a) As soon as practicable after September 9, 2002, and after consultation with the Secretary and other...


Sec. 1219.53 Budget and expenses. (a) The Board is authorized to incur such expenses, including provision for a reasonable reserve for...


Sec. 1219.54 Assessments. (a) Except as provided in Sec. 1219.55, the initial rate of assessment shall be 2.5 cents per pound on fresh Hass...


Sec. 1219.55 Exemption from assessment. (a) Any sale of Hass avocados for export from the United States is exempt from assessment. (b) The Board...


Sec. 1219.56 Adjustment of accounts. Whenever the Board or the Secretary determines through an audit of a person's reports, records, books, or accounts or...


Sec. 1219.57 Patents, copyrights, trademarks, publications, and product formulations. (a) Any patents, copyrights, trademarks, inventions,...


Sec. 1219.58 Importer associations. (a) An association of avocado importers is eligible to receive assessment funds and any proceeds from the investment...


Sec. 1219.60 Reports. (a) Each first handler of domestic Hass avocados, producer, and importer subject to this subpart shall report to the...


Sec. 1219.61 Books and records. Each producer, first handler, and importer subject to this subpart shall maintain and make available for inspection by...


Sec. 1219.62 Books and records of the Board. (a) The Board shall maintain such books and records as the Secretary may require. Such books and records...


Sec. 1219.63 Confidential treatment. (a) All information obtained from the books, records, or reports under the Act, this subpart, and the regulations...


Sec. 1219.64 List of importers. The administrative staff of the Board shall periodically review the list of importers of Hass avocados to determine...


Sec. 1219.65 List of producers. The administrative staff of the Board shall periodically review the list of producers of Hass avocados to determine whether...


Sec. 1219.70 Right of the Secretary. All fiscal matters, programs, plans, and projects, contracts, rules or regulations, reports, or other substantive...


Sec. 1219.71 Suspension or termination. (a) The Secretary shall suspend or terminate this part or subpart or a provision thereof if the Secretary finds that...


Sec. 1219.72 Proceedings after termination. (a) Upon the termination of this subpart, the Board shall recommend to the Secretary not more than five of...


Sec. 1219.73 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or any regulation...


Sec. 1219.74 Personal liability. No member, alternate member, employee, or agent of the Board shall be held personally responsible, either individually...


Sec. 1219.75 Separability. If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstance is held invalid,...


Sec. 1219.76 Amendments. Amendments to this subpart may be proposed, from time to time, by the Board or by any interested persons affected by the provisions...


Sec. 1219.77 OMB control numbers. The control numbers assigned to the information collection requirements in this part by the Office of Management and...


1219.100 General. Referenda to determine whether eligible producers and importers of Hass avocados favor the issuance, amendment, suspension, or termination...


1219.101 Definitions. (a) Administrator means the Administrator of the Agricultural Marketing Service, with power to redelegate, or any officer or employee of the...


1219.102 Registration. An eligible producer or importer of Hass avocados, as defined in this subpart, at the time of the referendum and during a representative...


1219.103 Voting. (a) Each eligible producer and eligible importer who registers to vote in the referendum shall be entitled to cast only one ballot in the...


1219.104 Instructions. The referendum agent shall conduct the referendum, in the manner herein provided, under the supervision of the Administrator. The...


1219.105 Subagents. The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's...


1219.106 Ballots. The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged...


1219.107 Referendum report. Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the...


1219.108 Confidential information. The list of registered voters, ballots, and all other information or reports that reveal, or tend to reveal, the identity or vote...


1219.109 OMB control number. The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant...


1220.101 Act. Source: 56 FR 31049, July 9, 1991, unless otherwise noted. Definitions The term Act means...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1220.102] [Page 165] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Soybean Promotion and Research Order Sec. 1220.102 Board. The term Board means the United Soybean Board established under Sec. 1220.201 of this subpart. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1220.103] [Page 165] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Soybean Promotion and Research Order Sec. 1220.103 Commerce. The term commerce means interstate, foreign, or intrastate commerce. ...


1220.104 Committee. The term Committee means the Soybean Program Coordinating Committee established under Sec. 1220.213 of...


1220.105 Consumer information. The term consumer information means information that will assist consumers and other persons in making evaluations and...


1220.107 Cooperator organization. The term Cooperator Organization means the American Soybean Association, or any successor organization to the American...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1220.108] [Page 165] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Soybean Promotion and Research Order Sec. 1220.108 Department. Department means the United States Department of Agriculture. [[Page 166]] ...


1220.109 Eligible organization. The term eligible organization means any organization which has been certified by the Secretary pursuant to Sec. 1220.203 of...


1220.110 First purchaser. The term first purchaser means-- (a) except as provided in paragraph (b) of this section, any person buying or...


1220.111 Fiscal period. The term fiscal period means the calendar year or such other annual period as the Board may determine with the approval of...


1220.112 Industry information. The term industry information means information and programs that will lead to the development of new markets, new...


1220.113 Marketing. The term marketing means the sale or other disposition of soybeans or soybean products in any channel...


1220.114 National nonprofit producer-governed organization. The term national nonprofit producer-governed organization means an organization that-- (a)...


1220.115 Net market price. The term net market price means-- (a) except as provided in paragraph (b) of this section, the sales price, or other...


1220.116 Part and subpart. Part means the Soybean Promotion and Research Order and all rules and regulations issued pursuant to the Act and the Order, and...


1220.117 Plans and projects. Plans and Projects means promotion, research, consumer information, and industry information plans, studies, or projects pursuant...


1220.118 Person. The term person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other...


1220.119 Producer. The term producer means any person engaged in the growing of soybeans in the United States who owns, or who shares the ownership and...


Sec. 1220.121 Promotion. The term promotion means any action, including paid advertising, technical assistance, and trade servicing activities, to enhance...


1220.122 Qualified State Soybean Board. The term Qualified State Soybean Board means a State soybean promotion entity that is authorized by State law and...


1220.123 Referendum. The term Referendum means a referendum, other than referenda defined in Sec. 1220.106 and Sec. 1220.124, to be conducted by the...


1220.125 Research. The term research means any type of study to advance the image, desirability, marketability, production, product development, quality,...


1220.126 Secretary. The term Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom...


1220.127 Soybean products. The term soybean products means products produced in whole or in part from soybeans or...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1220.128] [Page 167] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Soybean Promotion and Research Order Sec. 1220.128 Soybeans. The term soybeans means all varieties of Glycine max or Glycine soja. ...


1220.129 State and United States. The terms State and United States include the 50 States of the United States of America, the District of Columbia, and...


1220.130 Unit. The term unit shall mean each State, or group of States, which is represented on the Board. United...


Sec. 1220.201 Membership of board. (a) For the purposes of nominating and appointing producers to the Board, the United States shall be divided into 30...


Sec. 1220.202 Term of office. (a) The members of the Board shall serve for terms of 3 years, except that the members appointed to the...


1220.203 Nominations. All nominations for appointments to the Board under Sec. 1220.204 shall be made in the following manner: (a) After the issuance...


1220.204 Appointment. From the nominations made pursuant to Sec. 1220.203, the Secretary shall appoint the members of the Board on the basis of...


1220.205 Nominee's agreement to serve. Any producer nominated to serve on the Board shall file with the Secretary at the time of nomination a written...


1220.206 Vacancies. To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Board, the Secretary...


1220.207 Alternate members. (a) The Secretary shall solicit, pursuant to the procedures of Sec. 1220.203, nominations for alternate members of the Board. ...


1220.208 Removal. If the Secretary determines that any person appointed under this part fails or refuses to perform his or her duties properly or engages...


Sec. 1220.209 Procedure. (a) At a properly convened meeting of the Board, a majority of the members shall constitute a quorum. (b)(1) Except for roll...


1220.210 Compensation and reimbursement. The members of the Board shall serve without compensation but shall be reimbursed for necessary and reasonable...


1220.211 Powers of the Board. The Board shall have the following powers: (a) To receive and evaluate, or on its own initiative develop, and budget...


Sec. 1220.212 Duties. The Board shall have the following duties: (a) To meet not less than three times annually, or more often if required for the Board...


1220.213 Establishment and membership. (a) The Board may establish, with the approval of the Secretary, a Soybean Program Coordinating Committee to assist in...


1220.214 Term of office. (a) The members of the Committee shall serve for a term of 1 year. (b) No member shall serve more than six...


1220.215 Vacancies. To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Committee, the Board or...


1220.216 Procedure. (a) Attendance of at least 12 members of the Committee shall constitute a quorum at a properly convened meeting of the Committee....


1220.217 Compensation and reimbursement. The members of the Committee shall serve without compensation but shall be reimbursed by the Board for necessary...


1220.218 Officers of the Committee. The following persons shall serve as officers of the Committee: (a) The Chairperson of the Board shall be Chairperson...


1220.219 Powers of the Committee. If established by the Board, the Committee may have the following powers: (a) To receive and evaluate, or on its...


1220.220 Duties of the Committee. If established by the Board, the Committee may have the following duties: (a) To meet and to organize; (b)...


Sec. 1220.222 Expenses. (a) The Board is authorized to incur such expenses (including provision for a reasonable reserve) as the...


Sec. 1220.223 Assessments. (a)(1) Except as prescribed by regulations approved by the Secretary or as otherwise provided in this section, each first purchaser...


Sec. 1220.228 Qualified State Soybean Boards. (a)(1) Any soybean promotion entity that is authorized by State statute to collect assessments required by State...


Sec. 1220.229 Influencing governmental action. (a) Except as otherwise provided in paragraph (b) of this section, funds collected or received by the Board...


1220.230 Promotion, research, consumer information, and industry information. (a) The Board shall receive and evaluate, or on its own initiative, develop...


1220.241 Reports. Each producer marketing processed soybeans or soybean products of that producer's own production and each first purchaser responsible...


1220.242 Books and records. (a) Except as provided in paragraph (b) of this section, each person who is subject to this subpart shall maintain and make...


1220.243 Confidential treatment. Except as otherwise provided in the Act, financial or commercial information that is obtained under the Act and this subpart...


1220.251 Proceedings after termination. (a) Upon the termination of this subpart, the Board shall recommend not more than five of its members to the Secretary...


1220.252 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any rule issued...


1220.253 Personal liability. No member, employee or agent of the Board, including employees, agents or board members of Qualified State Soybean Boards,...


Sec. 1220.254 Patents, copyrights, inventions, and publications. (a) Any patents, copyrights, inventions, or publications developed through the use of...


1220.255 Amendments. Amendments to this subpart may be proposed, from time to time, by the Board, or by any Qualified State Soybean Board recognized, or by...


1220.256 Separability. If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances is held invalid,...


1220.257 OMB control numbers. The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to...


1220.301 Terms defined. Source: 57 FR 29439, July 2, 1992, unless otherwise noted. Definitions As used...


1220.310 Assessments. (a) A 0.5 percent of the net market price per bushel assessment on soybeans marketed shall be paid by the producer of the soybeans in...


1220.311 Collection and remittance of assessments. (a) Except as otherwise provided in this section, each first purchaser making payment to a producer for...


1220.312 Remittance of assessments and submission of reports to United Soybean Board or Qualified State Soybean Board. (a) Each first purchaser and each...


1220.312 Remittance of assessments and submission of reports to United Soybean Board or Qualified State Soybean Board. (a) Each first purchaser and each...


1220.313 Qualified State Soybean Boards. The following State soybean promotion organizations shall be Qualified State Soybean Boards. First purchasers and...


1220.314 Document evidencing payment of assessments. (a) Each first purchaser responsible for remitting an assessment to a Qualified State Soybean Board or the...


1220.600 Act. Source: 64 FR 45416, Aug. 20, 1999; 65 FR 1, Jan. 3, 2000, unless otherwise noted. ...


1220.601 Administrator, AMS. The term Administrator, AMS, means the Administrator of the Agricultural Marketing Service, or any officer or employee of...


1220.602 Administrator, FSA. The term Administrator, FSA, means the Administrator, of the Farm Service Agency, or any officer or employee of the Department to...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1220.603] [Page 183] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart F--Procedures To Request a Referendum Sec. 1220.603 Department. The term Department means the United States Department of Agriculture. ...


1220.604 Farm Service Agency. The term Farm Service Agency, also referred to as ``FSA,'' means the Farm Service Agency of...


1220.605 Farm Service Agency County Committee. The term Farm Service Agency County Committee, also referred to as ``FSA County Committee or COC,'' means the...


1220.606 Farm Service Agency County Executive Director. The term Farm Service Agency County Executive Director, also referred to...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1220.607] [Page 184] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart F--Procedures To Request a Referendum Sec. 1220.607 Order. The term Order means the Soybean Promotion and Research Order. ...


1220.608 Person. The term Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other...


1220.609 Producer. The term Producer means any person engaged in the growing of soybeans in the United States, who owns or shares the ownership and risk...


1220.610 Public notice. The term Public Notice means a notice published in the Federal Register, not later than 60 days prior to the last day of the...


1220.611 Representative period. The term Representative period means the period designated by the Secretary pursuant to Section 1970 of...


1220.612 Secretary. The term Secretary means the Secretary of Agriculture of the United States Department of Agriculture or any other officer or employee of...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1220.613] [Page 184] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart F--Procedures To Request a Referendum Sec. 1220.613 Soybeans. The term Soybeans means all varieties of glycine max or glycine soja. ...


1220.614 State and United States. The terms State and United States include the 50 States of the United States of America, the District of Columbia, and...


1220.615 General. An opportunity to request a referendum shall be provided to U.S. soybean producers to determine whether eligible producers favor the...


1220.616 Supervision of the process for requesting a referendum. The Administrator, AMS, shall be responsible for supervising the process of permitting...


1220.617 Eligibility. (a) Eligible producers. Each person who was a producer during the representative period is provided the opportunity to request...


1220.618 Time and place for requesting a referendum. The opportunity to request a referendum shall be provided during a 4-week period beginning and ending on...


1220.619 Facilities Each county FSA office shall provide adequate facilities and space to permit producers to complete...


1220.620 Certification and request form. Form LS-51-1 shall be used to request a referendum and certify producer eligibility. The form does not require a...


1220.621 Certification and request procedure. (a) To request that a referendum be conducted, each eligible producer shall, during the Request for...


1220.622 List of producers requesting a referendum. (a) The county FSA personnel shall enter on the ``List of Soybean Producers Requesting a Referendum''...


1220.623 Challenge of eligibility. (a) Who may challenge. Any person may challenge a producer's or producer entity's eligibility to request a referendum....


1220.624 Canvassing Canvassing of Forms LS-51-1 and LS-51-2 shall take place as soon as possible after the opening of county FSA offices on the 19th...


1220.625 Counting requests. The requests for a referendum shall be counted by the COC or designee on the 19th business day after the last business day of...


1220.626 Public review. The public may witness the counting from an area designated by the FSA County Executive Director (CED) or designee, acting on behalf of...


1220.627 FSA county office report. The county FSA office report shall be certified as accurate and complete by the CED or designee, acting on behalf of...


1220.628 FSA State office report. Each FSA State office shall transmit to the Administrator, FSA, a report summarizing the data contained...


1220.629 Reporting results. (a) The Administrator, FSA, shall submit to the Administrator, AMS, the reports from all State FSA offices. The Administrator,...


1220.630 Disposition of records. Forms LS-51-1 and LS-51-2 and county reports shall be placed in sealed containers under the supervision of the CED or...


1220.631 Instructions and forms. The Administrator, AMS, is hereby authorized to prescribe additional instructions and forms not inconsistent with the...


Sec. 1230.1 Act. Source: 51 FR 31903, Sept. 5, 1986, unless otherwise noted. [[Page 190]] Definitions ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.2] [Page 190] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.2 Department. Department means the United States Department of Agriculture. ...


1230.3 Secretary. Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department of Agriculture to...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.4] [Page 190] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.4 Board. Board means the National Pork Board established pursuant to Sec. 1230.50. ...


1230.5 Consumer information. Consumer information means an activity intended to broaden the understanding of the sound nutritional attributes of pork and...


1230.6 Council. Council means the National Pork Producers Council, a nonprofit corporation of the type described in section 501(c)(5) of the Internal...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.7] [Page 190] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.7 Customs Service. Customs Service means the United States Customs Service of the United States Department of Treasury. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.8] [Page 190] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.8 Delegate Body. Delegate Body means the National Pork Producers Delegate Body established pursuant to Sec. 1230.30. ...


1230.9 Fiscal period. Fiscal period means the 12-month period ending on December 31 or such other consecutive 12-month period as the Secretary or Board...


1230.10 Imported. Imported means entered, or withdrawn from a warehouse for consumption, in the customs territory of the...


1230.11 Imported pork and pork products. Imported pork and pork products means products which are imported into the United States which the Secretary...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.12] [Page 190] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.12 Importer. Importer means a person who imports porcine animals, pork, or pork products into the United States. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.13] [Page 190] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.13 Market. Market means to sell, slaughter for sale, or otherwise dispose of a porcine animal in commerce. ...


1230.14 Market value. Market value means, with respect to porcine animals which are sold, the price at which they are sold. With respect to porcine...


Sec. 1230.15 Part and subpart. Part means the Pork Promotion, Research, and Consumer Information Order and all rules, regulations, and supplemental orders...


1230.16 Person. Person means any individual, group of individuals, partnership, corporation, association, organization, cooperative, or...


1230.17 Plans and projects. Plans and projects means promotion, research, and consumer information plans, studies,...


1230.18 Porcine animal. Porcine animal means a swine, that is raised as (a) a feeder pig, that is, a young pig sold to another person to be finished...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.19] [Page 191] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.19 Pork. Pork means the flesh of a porcine animal. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.20] [Page 191] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.20 Pork product. Pork product means an edible product produced or processed in whole or in part from pork. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.21] [Page 191] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.21 Producer. Producer means a person who produces porcine animals in the United States for sale in commerce. ...


1230.22 Promotion. Promotion means any action, including but not limited to paid advertising and retail or food service merchandising, taken to present...


1230.23 Research. Research means any action designed to advance, expand, or improve the image, desirability, nutritional value, usage,...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.24] [Page 191] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart A--Pork Promotion, Research, and Consumer Information Order Sec. 1230.24 State. State means each of the 50 States. ...


1230.25 State association. State association means the single organization of producers in a State that is organized under the laws of that State and...


1230.26 State where produced. State where produced means with respect to a porcine animal marketed as a feeder pig or as breeding stock, the State in which...


Sec. 1230.30 Establishment and membership. (a) There is hereby established a National Pork Producers Delegate Body which shall consist of producers and...


1230.31 Nomination and appointment of producer members. (a) [Reserved] (b) Delegate Body nominations for appointment as producer members shall...


1230.32 Conduct of election. If a State association selects nominees for appointment to the Delegate Body through an election, it shall be conducted in...


1230.33 Appointment of importer members. The Secretary shall appoint the importer members of each Delegate Body after consultation...


1230.34 Term of office. (a) The members of the Delegate Body shall serve for terms of one year, except that the members of the initial Delegate Body shall...


1230.35 Vacancies. To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Delegate Body, the...


1230.36 Procedure. (a) A majority of the members shall constitute a quorum at a properly convened meeting of the Delegate Body, but only if that majority...


1230.37 Officers. The Delegate Body shall elect its Chairperson by a majority vote at the first annual meeting, but at each annual meeting after the...


1230.38 Compensation and reimbursement. The members of the Delegate Body shall serve without compensation but may be reimbursed by the Board for...


1230.39 Powers and duties of the Delegate Body. The Delegate Body shall have the following powers and duties: (a) To meet annually; (b) To...


Sec. 1230.50 Establishment and membership. There is hereby established a National Pork Board of 15 members consisting of producers representing at least 12...


1230.51 Term of office. (a) The members of the Board shall serve for terms of three years, except that the members appointed to the initial Board shall...


1230.52 Nominations. Nominations for members of the Board shall be made by the Delegate Body in accordance with Sec....


1230.53 Nominee's agreement to serve. Any person nominated to serve on the Board shall file with the Secretary at the time of the nomination a written...


1230.54 Appointment. From the nominations submitted pursuant to Sec. 1230.39(d), the Secretary shall appoint 15 producers or importers as members of...


1230.55 Vacancies. (a) To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Board, the...


Sec. 1230.56 Procedure. (a) A majority of the members shall constitute a quorum at a properly convened meeting of the Board. Any action of the Board...


1230.57 Compensation and reimbursement. The members of the Board shall serve without compensation but shall be reimbursed for reasonable expenses incurred...


Sec. 1230.58 Powers and duties of the Board. The Board shall have the following powers and duties: (a) To meet not less than annually, and to organize...


1230.60 Promotion, research, and consumer information. (a) The Board shall receive and evaluate, or, on its own initiative, develop, and submit to the...


Sec. 1230.70 Expenses. (a) The Board is authorized to incur such expenses (including provision for a reasonable reserve that would permit an...


Sec. 1230.71 Assessments. (a)(1) Each producer producing in the United States a porcine animal raised as a feeder pig that is sold shall pay an assessment on...


1230.72 Distribution of assessments. Assessments remitted to the Board shall be distributed as follows: (a) Each State association shall receive on a...


1230.73 Uses of distributed assessments. (a) Each State association shall use its distribution of assessments pursuant to Sec. 1230.72, as well as any...


Sec. 1230.74 Prohibited use of distributed assessments. (a) No funds collected under this subpart shall in any manner be used for the purpose of...


1230.75 Adjustment of accounts. Whenever the Board or the Department determines, through an audit of a person's reports, records, books or accounts or...


1230.76 Charges. Any assessment not paid when due shall be increased 1.5 percent each month beginning with the day following the date such assessment was...


1230.80 Reports. Each person responsible for collecting or remitting any assessment under Sec. 1230.71(b) shall report at the time for...


1230.81 Books and records. Each person who is subject to this subpart shall maintain and, during normal business hours, make available for inspection...


Sec. 1230.82 Confidential treatment. All information obtained from the books, records or reports required to be maintained under Sec. Sec. 1230.80 and 1230.81...


1230.85 Proceedings after termination. (a) Upon the termination of this subpart, the Board shall recommend not more than five of its members to the Secretary...


1230.86 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation...


1230.87 Personal liability. No member or employee of the Board shall be held personally liable, either individually or jointly, in any way whatsoever to...


Sec. 1230.88 Patents, copyrights, inventions, and publications. Any patents, copyrights, trademarks, inventions, or publications developed through the use...


1230.89 Amendments. The Secretary may from time to time amend provisions of this part. Any interested person or organization affected by the provisions of...


1230.90 Separability. If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances is held invalid,...


1230.91 Paperwork Reduction Act assigned number. The information collection and recordkeeping requirements contained in this subpart have been approved by...


1230.100 Terms defined. Source: 53 FR 1911, Jan. 25, 1988, unless otherwise noted. Definitions As used throughout...


1230.110 Assessments on imported pork and pork products. (a) The following Harmonized Tariff Schedule (HTS) categories of imported live porcine animals are subject to...


1230.111 Remittance of assessments on domestic porcine animals. Assessments on domestic porcine animals shall be remitted to the National Pork Board pursuant to Sec....


1230.112 Rate of assessment. In accordance with Sec. 1230.71(d) the rate of assessment shall be 0.40 percent of market value. [67 FR 58323, Sept....


1230.113 Collection and remittance of assessments for the sale of feeder pigs and market hogs. Pursuant to the provisions of Sec. 1230.71, purchasers of feeder pigs...


1230.115 Submission of annual financial statements. State Pork Producer Associations, as defined in Sec. 1230.25, that receive distributions of assessments pursuant to Sec....


1230.120 OMB control number assigned pursuant to the Paperwork Reduction Act. The information collection and recordkeeping requirements contained in this part have...


1230.601 Act. Source: 65 FR 43508, July 13, 2000, unless otherwise noted. [[Page 203]] Definitions ...


1230.602 Administrator, AMS. The term Administrator, AMS, means the Administrator of the Agricultural Marketing Service, or any officer or employee of...


1230.603 Administrator, FSA. The term Administrator, FSA, means the Administrator, of the Farm Service Agency, or any officer or employee of the Department to...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.604] [Page 203] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart E--Procedures for the Conduct of Referendum Sec. 1230.604 Department. The term Department means the United States Department of Agriculture. ...


1230.605 Farm Service Agency. The term Farm Service Agency also referred to as ``FSA'' means the Farm Service Agency of...


1230.606 Farm Service Agency County Committee. The term Farm Service Agency County Committee, also referred to as the FSA County Committee or COC, means the group...


1230.607 Farm Service Agency County Executive Director. The term Farm Service Agency County Executive Director also referred to as the CED, means the person employed...


1230.608 Imported porcine animals, pork, and pork products. The term Imported porcine animals, pork, and pork products means those animals, pork, or pork products...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.609] [Page 203] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart E--Procedures for the Conduct of Referendum Sec. 1230.609 Importer. The term Importer means a person who imports porcine animals, pork, or pork products into the United States. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.610] [Page 203] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart E--Procedures for the Conduct of Referendum Sec. 1230.610 Order. The term Order means the Pork Promotion, Research, and Consumer Information Order. ...


1230.611 Porcine animal. The term Porcine animal means a swine, that is raised: (a) As a feeder pig, that is, a young pig sold to another person to be...


1230.612 Person. The term Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.613] [Page 203] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart E--Procedures for the Conduct of Referendum Sec. 1230.613 Pork. The term Pork means the flesh of a porcine animal. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.614] [Page 203] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart E--Procedures for the Conduct of Referendum Sec. 1230.614 Pork product. The term Pork product means an edible product processed in whole or in part from pork. ...


1230.615 Producer. The term Producer means a person who produces porcine animals in the United States for sale in...


1230.616 Public notice. The term Public notice means information regarding a referendum that would be provided by the Secretary, such as press releases,...


1230.617 Referendum. The term Referendum means any referendum to be conducted by the Secretary pursuant to the Act whereby persons who have been producers...


1230.618 Representative period. The term Representative period means the 12-consecutive months prior to the first day of absentee and importer voting in the...


1230.619 Secretary. The term Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom there...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1230.620] [Page 204] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION--Table of Contents Subpart E--Procedures for the Conduct of Referendum Sec. 1230.620 State. The term State means each of the 50 States. ...


1230.621 Voting period. The term Voting period means the 3-consecutive business day period for in-person voting. ...


1230.622 General. (a) A referendum to determine whether eligible pork producers and importers favor continuation of the Pork Checkoff Program will be conducted...


1230.623 Supervision of referendum. The Administrator, AMS, will be responsible for conducting the referendum in accordance with...


1230.624 Eligibility. (a) Eligible producers and importers. Persons eligible to register and vote in the referendum include: (1) Individual Producers....


1230.625 Time and place of registration and voting. (a) Producers. The referendum shall be held for 3-consecutive days on September 19, 20, 21, 2000. Eligible...


1230.626 Facilities for registering and voting. (a) Producers. Each county FSA office shall provide: (1) Adequate facilities and space to permit producers of...


1230.627 Registration form and ballot. (a) Producers. (1) A ballot (Form LS-72) and combined registration and certification form (Form LS-72-2) will be used for...


1230.628 Registration and voting procedures for producers. (a) Registering and voting in-person. (1) Each eligible producer who wants to vote whether as...


1230.629 Registration and voting procedures for importers. (a) Individual importers, corporations, or other entities can obtain the registration and...


1230.630 List of registered voters. (a) Producers. The In-Person Voter Registration List (Form LS-75) and the Absentee Voter Request List (Form LS-74) will be...


1230.631 Challenge of votes. (a) Challenge period. During the dates of the 3-consecutive day voting period and the 7 business days following the voting period,...


1230.632 Receiving ballots. (a) Producers. A ballot shall be considered to be received on time if: (1) It was cast in-person in the county FSA office prior...


1230.633 Canvassing ballots. (a) Producers. (1) Counting the ballots. Under the supervision of FSA CED, acting on behalf of the Administrator, AMS, the...


1230.634 FSA county office report. The FSA county office will notify the FSA State office of the results of the referendum. Each FSA county office will transmit...


1230.635 FSA State office report. Each FSA State office will transmit to the Administrator, FSA, a written summary of the results of the referendum received from...


1230.636 Results of the referendum. (a) The Administrator, FSA, will submit the combined results of the FSA State offices' results of the producers' vote and the...


1230.637 Disposition of ballots and records. (a) Producer ballots and records. Each FSA CED will place in sealed containers marked with the identification of...


1230.638 Instructions and forms. The Administrator, AMS, is authorized to prescribe additional instructions and forms not inconsistent with the provisions of...


1230.639 Additional absentee voter challenge period. (a) Absentee Voter Request List. The Absentee Voter Request List (Form LS-74) will be available for...


Sec. 1240.1 Act. Act means the Honey Research, Promotion, and Consumer Information Act (Pub. L. 98-590) and any amendments thereto. [51 FR...


Sec. 1240.3 Committee. Committee means the National Honey Nominations Committee established pursuant to Sec. 1240.32. [66 FR 21829, May...


Sec. 1240.4 Consumer education. Consumer education means the act of providing information to the public on the usage and care of honey and...


Sec. 1240.5 Department or USDA. Department or USDA means the United States Department of Agriculture. [66 FR 21829, May...


Sec. 1240.6 Exporter. Exporter means any person who exports honey or honey products from the United States. [51 FR 26148, July 21, 1986; 51 FR...


Sec. 1240.7 Fiscal period and marketing year. Fiscal period and marketing year means the 12-month period ending on December 31 or such other consecutive...


Sec. 1240.8 Handle. Handle means to process, package, sell, transport, purchase or in any other way place honey or honey products, or cause them to be...


Sec. 1240.9 Handler. Handler means any person who handles honey or honey products. [51 FR 26148, July 21, 1986; 51 FR 29210, Aug. 15, 1986. Redesignated...


Sec. 1240.10 Honey. Honey means the nectar and saccharine exudations of plants which are gathered, modified, and stored in the comb by honey bees,...


Sec. 1240.11 Honey production. Honey production means all beekeeping operations related to managing honey bee colonies to produce honey, harvesting honey...


Sec. 1240.12 Honey products. Honey products means products wherein honey is a principal ingredient. [51 FR 26148, July 21, 1986; 51 FR 29210, Aug....


Sec. 1240.13 Importer. Importer means any person who imports honey or honey products into the United States as principal or as an agent, broker, or...


Sec. 1240.14 Industry information. Industry information means information or a program that will lead to the development of new domestic and foreign...


Sec. 1240.15 Marketing. Marketing means the sale or other disposition in commerce of honey or honey products. [51 FR 26148, July 21, 1986; 51 FR...


Sec. 1240.16 National honey marketing cooperative. National honey marketing cooperative means a cooperative that markets its products in at least two of...


Sec. 1240.17 Part and subpart. Part means the Honey Research, Promotion, and Consumer Information Order and all rules, regulations, and supplemental...


Sec. 1240.18 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. [51...


Sec. 1240.19 Plans and projects. Plans and projects means those research, promotion, industry information, and consumer education plans, studies, or...


Sec. 1240.20 Producer. Producer means any person who produces honey in any State for sale in commerce. [51 FR 26148, July 21, 1986; 51 FR 29210,...


Sec. 1240.21 Producer-packer. Producer-packer means any person who is both a producer and handler of honey or honey products. [51 FR 26148, July...


Sec. 1240.22 Promotion. Promotion means any action, including paid advertising and public relations, to present a favorable image for honey or...


Sec. 1240.23 Qualified national organization representing handler interests. Qualified national organization representing handler interests means...


Sec. 1240.24 Qualified national organization representing importer interests. Qualified national organization representing importer interests means...


Sec. 1240.25 Research. Research means any type of systematic study or investigation, including studies testing the effectiveness of market development...


Sec. 1240.26 Secretary. Secretary means the Secretary of Agriculture of the United States, or any other officer or employee of the Department of Agriculture...


Sec. 1240.27 State. State means any of the fifty States of the United States of America, the District of Columbia, and the Commonwealth of...


Sec. 1240.28 State association. State association or association means that organization of beekeepers in a State which is generally recognized as...


Sec. 1240.30 Establishment and membership. A Honey Board is established to administer the terms and provisions of this part. The Board shall consist of...


Sec. 1240.31 Term of office. The members of the Board and their alternates shall serve for terms of three years, except that terms may be...


Sec. 1240.32 Nominations. All nominations to the Board authorized under Sec. 1240.30 herein shall be made in the following manner. ...


Sec. 1240.33 Board reconstitution. (a) Every five years, the Board shall review the geographic distribution of the quantities of domestically produced...


Sec. 1240.34 Vacancies. (a) In the event any member of the Board ceases to be a member of the category of members from which the member was appointed to...


Sec. 1240.35 Procedure. (a) A majority of members, of which at least 50 percent are producers, including alternates acting in place of members of the...


Sec. 1240.36 Attendance. Members of the Board and the members of any special panels shall be reimbursed for reasonable out-of-pocket expenses incurred...


Sec. 1240.37 Powers. The Board shall have the following powers subject to Sec. 1240.61: (a) To administer this subpart in accordance with its terms...


Sec. 1240.38 Duties. The Board shall have, among other things, the following duties: (a) To meet and organize and to select from among its members...


Sec. 1240.39 Research, promotion, consumer education, and industry information. (a) Scope of activities. The Board shall develop and submit to the...


Sec. 1240.40 Budget and expenses. (a) Sixty days in advance of the beginning of each fiscal period, or as may be necessary thereafter, the Board shall...


Sec. 1240.41 Assessments. (a) Domestic honey and honey products. The assessment rate on honey produced in the United States and handled shall be 1 cent...


Sec. 1240.42 Exemption from assessment. (a) A producer who produces less than 6,000 pounds of honey per year, a producer-packer who produces and handles...


Sec. 1240.43 Operating reserve. The Board may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in...


Sec. 1240.44 Voluntary quality assurance program. (a) The Board is authorized to develop and carry out a voluntary quality assurance program concerning...


Sec. 1240.50 Reports. Each handler, importer, producer, or producer-packer subject to this part shall be required to report to the employees of the Board,...


Sec. 1240.51 Books and records. Each handler, importer, producer, producer-packer, or any person who is exempt from assessments under this subpart...


Sec. 1240.52 Confidential treatment. All information obtained from the books, records, or reports required to be maintained under Sec. Sec. 1240.50 and...


Sec. 1240.60 Influencing governmental action. No funds collected by the Board under this order shall in any manner be used for the purpose of...


Sec. 1240.61 Right of the Secretary. All fiscal matters, programs or plans, rules or regulations, reports, or other substantive actions proposed and prepared...


Sec. 1240.62 Suspension or termination. (a) The Secretary shall, whenever the Secretary finds that this subpart or any provision thereof obstructs or does...


Sec. 1240.63 Proceedings after termination. (a) Upon the termination of this subpart, the Board shall recommend to the Secretary not more than five of...


Sec. 1240.64 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or any regulation...


Sec. 1240.65 Personal liability. No member, alternate member, or employee of the Board shall be held personally responsible, either individually or jointly...


Sec. 1240.66 Separability. If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstance is held invalid,...


Sec. 1240.67 Patents, copyrights, inventions, product formulations, and publications. Except for a reasonable royalty paid by the Board to the inventor of...


1240.100 Terms defined. Source: 52 FR 3103, Feb. 2, 1987, unless otherwise noted. Unless otherwise defined in this subpart, definitions of terms...


1240.105 Definitions. (a) Principal ingredient means fifty-one percent or more by weight of the [[Page 227]] total ingredients contained in...


1240.106 Communications. Communications in connection with the Order and all rules, regulations, and supplemental Orders issued thereunder shall be addressed...


1240.107 Policy and objective. (a) It shall be the policy of the Board to carry out an effective and continous coordinated program of marketing research,...


1240.108 Contracts. The Board, with the approval of the Secretary, may enter into contracts or make agreements with persons for the development and submission...


1240.109 Procedure. The Organization of the Board and the procedure for conducting meetings of the Board shall be in accordance with the By-Laws of...


1240.110 U.S. Department of Agriculture costs. The Board shall reimburse the U.S. Department of Agriculture (USDA) from assessments for administrative costs incurred...


1240.111 First handler and producer-packer. Persons who are first handlers or producer-packers include but are not limited to the following: (a) When...


1240.113 Importer. Each lot of honey and honey products imported into the United States is subject to assessment under this part. Such assessment shall be paid...


1240.114 Exemption procedures. (a) Producers who produce, producer-packers who produce and handle, and importers who import honey and who wish to claim an...


1240.115 Levy of assessments. (a) Time of payment. The assessment shall become due at the time assessable honey is first handled or entered or withdrawn...


1240.116 Payment of assessments. (a) Responsibility for payment. Unless otherwise authorized by the Board under the Act and Order, the first handler...


1240.118 Reports of disposition of exempted honey. The Board may require reports by first handlers, producer-packers, importers, or any persons who receive an...


1240.119 Reporting period and reports. (a) For the purpose of the payment of assessments, a calendar month shall be considered the reporting period; however,...


1240.120 Retention period for records. Each first handler, producer-packer, importer, or any person who receives an exemption from assessments under Sec. Sec....


1240.121 Availability of records. Each first handler, producer-packer, importer, or any person who receives an exemption from assessments under Sec. Sec. 1240.42...


1240.122 Confidential books, records, and reports. All information obtained from the books, records, and reports of handlers, producer-packers, importers or any...


1240.123 Right of the Secretary. All fiscal matters, programs, projects, rules or regulations, reports, or other substantive action proposed and prepared by the...


1240.124 Personal liability. No member of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever to...


1240.125 OMB control numbers. The control numbers assigned to the information collection requirements by the Office of Management and Budget pursuant to...


1240.200 General. Source: 65 FR 48321, Aug. 7, 2000, unless othewise noted. Referenda to determine whether eligible producers, importers, and, in the...


1240.201 Definitions. (a) Act means the Honey Research, Promotion, and Consumer Information Act (Pub. L. 98-590; 98 Stat. 3115; enacted October 30, 1984; 7...


1240.202 Voting. (a) Eligibility. (1) Each person who is, as defined in this subpart, an eligible producer; an eligible importer; or, in the case of an...


1240.203 Instructions. The referendum agent shall conduct the referendum, in the manner herein provided, under the supervision of the Administrator....


1240.204 Subagents. The referendum agent may appoint any individual or individuals necessary to assist the agent in performing such agent's functions hereunder....


1240.205 Ballots. The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be questioned for...


1240.206 Referendum report. Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the...


1240.207 Confidential information. All ballots cast and their contents and all other information or reports furnished to, compiled by, or in possession of, the...


Source: 40 FR 59190, Dec. 22, 1975, unless otherwise noted. Definitions Secretary means the Secretary of Agriculture or...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1250.302] [Page 235] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1250--EGG RESEARCH AND PROMOTION--Table of Contents Subpart--Egg Research and Promotion Order Sec. 1250.302 Act. Act means the Egg Research and Consumer Information Act and as it may be amended (Pub. L. 93-428). ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1250.303] [Page 235] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1250--EGG RESEARCH AND PROMOTION--Table of Contents Subpart--Egg Research and Promotion Order Sec. 1250.303 Fiscal period. Fiscal period means the calendar year unless the Egg Board, with the approval of the Secretary, selects some other budgetary period. ...


Board. Egg Board or Board or other designatory term adopted by such Board, with the approval of the Secretary, means the administrative body established pursuant to Sec....


or producer. Egg producer or producer means any person who either: (a) Is an egg farmer who acquires and owns laying hens, chicks, and/ or started pullets for...


or eggs. Commercial eggs or eggs means eggs from domesticated chickens which are sold for human consumption either in shell egg form or for further processing into...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1250.307] [Page 236] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1250--EGG RESEARCH AND PROMOTION--Table of Contents Subpart--Egg Research and Promotion Order Sec. 1250.307 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1250.308] [Page 236] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1250--EGG RESEARCH AND PROMOTION--Table of Contents Subpart--Egg Research and Promotion Order Sec. 1250.308 United States. United States means the 48 contiguous States of the United States of America and the District of Columbia. ...


Handler means any person who receives or otherwise acquires eggs from an egg producer, and processes, prepares for marketing, or markets, such eggs, including eggs of his...


Promotion means any action, including paid advertising, to advance the image or desirability of eggs, egg products, spent fowl, or products of...


Research means any type of research to advance the image, desirability, marketability, production, or quality of eggs, egg products, spent fowl, or products of spent...


Marketing means the sale or other disposition of commercial eggs, egg products, spent fowl, or products of spent fowl in any channel...


Eligible organization means any organization, association, or cooperative which represents egg producers of any egg producing area of the United...


Plans and projects means those research, consumer and producer education, advertising, marketing, product development, and promotion plans, studies, or...


Part means the Egg Research and Promotion Order and all rules, regulations, and supplemental order issued pursuant to the act and the order. ``Subpart'' refers...


a producer. Representative of a producer means the owner, officer, or an employee of a producer who has been duly authorized to act in the place and stead of...


membership. There is hereby established an Egg Board, hereinafter called the ``Board,'' composed of 18 egg producers or representatives of egg producers, and...


The members of the Board, and their alternates, shall serve for terms of 2 years, except initial appointments shall be, proportionately, for terms of 2 and 3...


All nominations authorized under Sec. 1250.326 shall be made in the following manner: (a) Within 30 days of the approval of this order by...


From the nominations made pursuant to Sec. 1250.328, the Secretary shall appoint the members of the Board, and an alternate for each such member, on the basis...


Any person appointed by the Secretary as a member, or as an alternate member, of the Board shall qualify by filing a written acceptance with the Secretary within a...


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


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


(a) A majority of the members, including alternates acting for members of the Board, shall constitute a quorum, and any action of the Board shall require the...


reimbursement. The members of the Board, and alternates when acting as members, shall serve without compensation but shall be reimbursed for necessary and...


the Board. The Board shall have the following powers: (a) To administer the provisions of this subpart in accordance with its terms and provisions; (b) To...


The Board shall have the following duties: (a) To meet and organize and to select from among its members a chairman and such other officers as may be necessary,...


and promotion. The Board shall develop and submit to the Secretary for approval any programs or projects authorized in this section. Such programs or...


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


Each handler designated in Sec. 1250.349 and pursuant to regulations issued by the Board shall collect from each producer, except for those producers...


The following shall be exempt from the specific provisions of the Act: (a) Any egg producer whose aggregate number of laying hens at any time during...


and collection. (a) Handlers responsible for collecting the assessment specified in Sec. 1250.347 shall be any one of the...


action. No funds collected by the Board under this subpart shall in any manner be used for the purpose of influencing governmental policy or action except...


Each handler subject to this subpart and other persons subject to section 7(c) of the act may be required to report to the Board periodically such information as is...


Each handler subject to this subpart and persons subject to section 7(c) of the act shall maintain and make available for inspection by the Board or the...


(a) All information obtained from such books, records, or reports shall be kept confidential by all officers and employees of the Department of...


organizations. Any organization may request the Secretary for certification of eligibility to participate in nominating members and alternate members on the Board...


termination. (a) The Secretary shall, whenever he finds that this subpart or any provision thereof obstructs or does not tend to effectuate the declared policy of...


termination. (a) Upon the termination of this subpart the Board shall recommend not more than six of its members to the Secretary to serve as trustees for...


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


Secretary. All fiscal matters, programs or proj ects, rules or regulations, reports, or other substantive action proposed and prepared by the Board shall be submitted...


Amendments to this subpart may be proposed, from time to time, by the Board, or by an organization certified pursuant to section 16 of the act, or by any interested...


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


Source: 41 FR 22925, June 8, 1976, unless otherwise noted. Definitions Unless otherwise defined in this...


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


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1250.505] [Page 245] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1250--EGG RESEARCH AND PROMOTION--Table of Contents Subpart--Rules and Regulations Sec. 1250.505 Communications. Communications in connection with the Order shall be addressed to the Egg Board at its business address. ...


(a) It shall be the policy of the Egg Board to carry out an effective and continuous coordinated program of research, consumer and producer education, advertising,...


The Egg Board, with the approval of the Secretary, may enter into contracts with persons for the development and submission to it of plans or proj ects authorized by the...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1250.508] [Page 245] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1250--EGG RESEARCH AND PROMOTION--Table of Contents Subpart--Rules and Regulations Sec. 1250.508 Procedure. The organization of the Egg Board and the procedure for conducting meetings of the Board shall be in accordance with the By-Laws of the Board. ...


Pursuant to Sec. 1250.347 of the Order, the Board shall pay those administrative costs incurred by the U.S. Department of Agriculture for the conduct of its duties...


Board membership. (a) Pursuant to Sec. 1250.328 (d) and (e) of the Order, the 48 contiguous States of the United States shall be grouped into 6 geographic areas,...


An assessment rate of 10 cents per case of commercial eggs is levied on each case of commercial eggs handled for the account of each producer. Each case of...


payment. (a) For the purpose of the payment of assessments, either a calendar month or a 4-week accounting period shall be considered the reporting period;...


and collection. (a) Handlers responsible for collecting the assessments shall be any of the following: (1) The first person to whom eggs are sold, consigned,...


Egg Board. (a) The collecting handler responsible for remittance of assessments to the Board is not relieved of this obligation as a result of his failure to...


of assessments. (a) Each collecting handler shall give each producer whose eggs are subject to assessment a receipt for the commercial eggs handled by said...


Any unpaid assessments due to the Board pursuant to Sec. 1250.347 shall be increased by a late-payment charge of 1.5 percent each month beginning with the...


collecting handlers. All collecting handlers shall, prior to August 1, 1976, register with the Egg Board by filing a registration statement. Registered collecting...


(a) Collecting handler reports. (1) Each collecting handler shall make reports on forms made available or approved by the Egg Board. Each collecting handler shall prepare...


exempt producers. Egg producers not subject to the provisions of the Act pursuant to Sec. 1250.348 shall file with all handlers to whom they sell eggs a...


(a) Each person required to make reports pursuant to this subpart shall maintain and retain for at least 2 years beyond the fiscal period of their applicability: ...


records. Each handler and egg producer subject to this subpart and all persons subject to section 7(c) of the Act shall make available for inspection and copying...


All information obtained by officers and employees of the Department of Agriculture, the Egg Board, or any person under contract by the Egg Board or otherwise acting...


and information. Patents, copyrights, trademarks, and information accruing from work pursuant to any plan or project undertaken by any person on behalf...


No member, alternate member, employee, or agent of the Board in the performance of his duties with the Board shall be held personally responsible either individually...


Source: 51 FR 26138, July 18, 1986, unless otherwise noted. Definitions Department means the United States Department...


Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom there has heretofore been delegated, or...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.103] [Page 251] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.103 Board. Board means the Cattlemen's Beef Promotion and Research Board established pursuant to the Act and this subpart. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.104] [Page 251] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.104 Committee. Committee means the Beef Promotion Operating Committee established pursuant to the Act and this subpart. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.105] [Page 251] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.105 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. ...


Collecting person means the person making payment to a producer for cattle, or any other person who is responsible for collecting and remitting an...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.107] [Page 251] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.107 State. State means each of the 50 States. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.108] [Page 251] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.108 United States. United States means the 50 States and the District of Columbia. [[Page 252]] ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.109] [Page 252] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.109 Unit. Unit means each State, group of States or class designation which is represented on the Board. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.111] [Page 252] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.111 Fiscal year. Fiscal year means the calendar year or such other annual period as the Board may determine. ...


Federation means the Beef Industry Council of the National Live Stock and Meat Board, or any successor organization to the Beef Industry Council, which includes as...


nonprofit industry-governed organizations. Established national nonprofit industry-governed organizations means organizations which: (a) Are...


Eligible organization means any organization which has been certified by the Secretary pursuant to the Act and this part as being eligible to...


beef council. Qualified State beef council means a beef promotion entity that is authorized by State statute or a beef promotion entity organized and...


Producer means any person who owns or acquires ownership of cattle; provided, however, that a person shall not be considered a producer within the meaning of this...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.117] [Page 252] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.117 Importer. Importer means any person who imports cattle, beef, or beef products from outside the United States. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.118] [Page 252] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.118 Cattle. Cattle means live domesticated bovine animals regardless of age. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.119] [Page 252] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.119 Beef. Beef means flesh of cattle. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.120] [Page 252] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.120 Beef products. Beef products means edible products produced in whole or in part from beef, exclusive of milk and products made therefrom. ...


or beef products. Imported beef or beef products means products which are imported into the United States which the Secretary determines contain a substantial...


Promotion means any action, including paid advertising, to advance the image and desirability of beef and beef [[Page 253]] products with the...


Research means studies relative to the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef...


Consumer information means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions...


Industry information means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency,...


projects. Plans and projects means promotion, research, consumer information and industry information plans, studies or projects conducted pursuant to...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.127] [Page 253] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.127 Marketing. Marketing means the sale or other disposition in commerce of cattle, beef or beef products. ...


Act means the Beef Promotion and Research Act of 1985, Title XVI, Subtitle A of the Food Security Act of 1985, Pub. L. 99-198 and any...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.129] [Page 253] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.129 Customs Service. Customs Service means the United States Customs Service of the United States Department of the Treasury. ...


subpart. Part means the Beef Promotion and Research Order and all rules and regulations issued pursuant to the Act and the order, and the order itself shall be...


Board. (a) Beginning with the 2002 Board nominations and the associated appointments effective early in the year 2003, the United States shall be divided into...


office. (a) The members of the Board shall serve for terms of three (3) years, except that the members appointed to the initial Board shall serve, proportionately, for...


All nominations authorized under this section shall be made in the following manner: (a) Nominations shall be obtained by the Secretary from...


to serve. Any producer or importer nominated to serve on the Board shall file with the Secretary at the time of the nomination a written agreement to: ...


(a) From the nominations made pursuant to Sec. 1260.143, the Secretary shall appoint the members of the Board on the basis of representation provided for in Sec....


To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Board, the Secretary shall request that nominations for...


(a) At a properly convened meeting of the Board, a majority of the members shall constitute a quorum, and any action of the Board at such a meeting shall require...


reimbursement. The members of the Board shall serve without compensation, but shall be reimbursed for necessary and reasonable expenses incurred by them in...


the Board. The Board shall have the following powers: (a) To administer the provisions of this subpart in accordance with its terms and provisions; (b) To...


the Board. The Board shall have the following duties: (a) To meet not less than annually, and to organize and select from among its members a chairperson,...


(a) The Board is authorized to incur such expenses (including provision for a reasonable reserve), as the Secretary finds are reasonable and likely to be incurred by...


membership. (a) There is hereby established a Beef Promotion Operating Committee of 20 members. The Committee shall be composed of 10 Board members elected by...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1260.162] [Page 258] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1260--BEEF PROMOTION AND RESEARCH--Table of Contents Subpart A--Beef Promotion and Research Order Sec. 1260.162 Term of office. (a) The members of the Committee shall serve for a term of 1 year. (b) No member shall serve more than six consecutive terms. ...


To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Committee, the Board or the Federation, depending upon...


(a) Attendance of at least 15 members of the Committee shall constitute a quorum at a properly convened meeting of the Committee. Any action of the Committee...


reimbursement. The members of the Committee shall serve without compensation but shall be reimbursed for necessary and reasonable expenses incurred by them in...


the Committee. The following persons shall serve as officers of the Committee: (a) The chairperson of the Board shall be chairperson of the Committee. (b)...


the Committee. The Committee shall have the following powers: (a) To receive and evaluate, or on its own initiative, develop and budget for plans or projects to...


the Committee. The Committee shall have the following duties: (a) To meet and to organize; (b) To contract with established national...


consumer information and industry information. The Committee shall receive and evaluate, or on its own initiative, develop and submit to the Secretary...


(a) Domestic assessments. (1) Except as prescribed by regulations approved by the Secretary, each person making payment to a producer for cattle purchased from...


Any unpaid assessments due to the Board pursuant to Sec. 1260.172 shall be increased 2.0 percent each month beginning with the day following the date...


accounts. Whenever the Board or the Department determines that money is due the Board or that money is due any person from the Board, such person shall be...


beef councils. (a) Any beef promotion entity that is authorized by State statute or is organized and operating within a State, that receives assessments...


Each importer, person marketing cattle, beef or beef products of that person's own production directly to consumers, and each collecting person making payment to...


records. Each person subject to this subpart shall maintain and make available for inspection by the Secretary the records required by regulations prescribed by...


All information obtained from such books, records or reports required under the Act and this subpart shall be kept confidential by all persons,...


termination. (a) Upon the termination of this subpart the Board shall recommend not more than 11 of its members to the Secretary to serve as trustees for...


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


If any person appointed under this part fails or refuses to perform his or her duties properly or engages in acts of dishonesty or willful misconduct, the Board...


No member, employee or agent of the Board or the Committee, including employees or agents of a qualified State beef council acting on behalf of the Board,...


inventions and publications. (a) Any patents, copyrights, inventions or publications developed through the use of funds collected by the Board under the...


Amendments to this subpart may be proposed, from time to time, by the Board, or by any organization or association certified pursuant to the Act and this part, or by...


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


Source: 53 FR 5754, Feb. 26, 1988, unless otherwise noted. As used throughout this subpart, unless the context otherwise requires, terms shall have the...


(a) A $1.00 per head assessment on cattle sold shall be paid by the producer of the cattle in the manner designated in Sec. 1260.311. (b) If more than...


for purposes of collection of assessments. Collecting persons for purposes of collecting and remitting the $1.00 per head assessment shall be: (a) Except...


the Cattlemen's Board or Qualified State Beef Council. Each person responsible for the collection and remittance of assessments shall transmit assessments and a report...


of assessments. Each collecting person responsible for remitting an assessment to a qualified State beef council or the Board, other than a...


non-producer status for certain transactions. (a) The assessment levied on each head of cattle sold shall not apply to cattle owned by a person: (1) If the...


Councils. The following State beef promotion entities have been certified by the Board as qualified State beef councils: Alabama...


assigned number. The information collection and recordkeeping requirements contained in this part have been approved by the Office of Management and Budget...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.500 General. Source: 51 FR 11559, Apr. 4, 1986, unless otherwise noted. Redesignated at 51 FR...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.510 Definitions. As used in this subpart: Act means the Beef Promotion and Research Act of 1985...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.520 Responsibility for administration of regulations. The Livestock and Seed Division shall have...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.530 Certification of eligibility. (a) State organizations or associations: Requirements...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.540 Application for certification. (a) State organizations or associations. Any State organization...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.550 Verification of information. The Secretary may require verification of the information to...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.560 Review of certification. The Secretary may terminate or suspend certification or eligibility of...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.570 Notification of certification and the listing of certified organizations. Organizations...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.610 Acceptance of appointment. Producers and importers nominated to the Board must signify in...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.620 Confidential treatment of information. All documents and information submitted to or obtained by...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.630 Paperwork Reduction Act assigned number. The OMB has approved the information collection...


the Cattlemen's Beef Promotion and Research Board Sec. 1260.640 Application for Certification Form. The following official form, ``Application for Certification...


1280.101 Act. Definitions Act means the Commodity Promotion, Research, and Information Act of 1996 (7...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.102] [Page 273] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.102 Board. Board means the Lamb Promotion, Research, and Information Board established pursuant to Sec. 1280.201. ...


1280.103 Certified organization. Certified organization means any organization which has been certified by the Secretary pursuant to this part as being eligible...


1280.104 Conflict of Interest. Conflict of interest means a situation in which a member or employee of a board has a direct or indirect financial interest in...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.105] [Page 273] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.105 Department. Department means the United States Department of Agriculture. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.106] [Page 273] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.106 Exporter. Exporter means any person who exports domestic live lambs from the United States. ...


1280.107 Feeder. Feeder means any person who acquires ownership of lambs and feeds such lambs in the U.S. until they reach...


1280.108 First handler. First handler means the packer or other person who buys or takes possession of lambs from a producer or feeder for slaughter,...


1280.109 Fiscal period and marketing year. Fiscal period and marketing year means the 12-month period ending on December 31 or such other consecutive...


1280.110 Information. Information means information and programs that are designed to increase efficiency in producing lambs, to maintain and expand...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.111] [Page 273] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.111 Lamb. Lamb means ovine animals of any age, including ewes and rams. ...


1280.112 Lamb products. Lamb products means products produced in whole or in part from lamb, including pelts, and excluding wool and...


1280.113 Order. Order means an order issued by the Secretary under Sec. 514 of the Act that provides for a program of generic promotion, research,...


1280.114 Part and subpart. Part means the Lamb Promotion, Research, and Information Order and all rules and regulations issued pursuant to the Act and the...


1280.115 Person. Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.116] [Page 274] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.116 Producer. Producer means any person who owns and produces lambs in the United States for sale. ...


1280.117 Producer information. Producer information means activities designed to provide producers, feeders, and first handlers with information relating...


1280.118 Promotion. Promotion means any action, including paid advertising and the dissemination of culinary and nutritional information and public...


1280.119 Referendum. Referendum means a referendum to be conducted by the Secretary pursuant to the Act whereby producers, feeders, first handlers,...


1280.120 Research. Research means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production,...


1280.121 Secretary. Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom authority...


1280.122 Seedstock producer. Seedstock producer means any lamb producer in the U.S. who engages in the production and sale of breeding replacement lambs or...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.123] [Page 274] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.123 State. State means each of the 50 States and the District of Columbia. ...


1280.124 Suspend. Suspend means to issue a rule under Sec. 553 of title 5, U.S.C., to temporarily prevent the operation of an order or part thereof during...


1280.125 Terminate. Terminate means to issue a rule under Sec. 553 of title 5, U.S.C., to cancel permanently the operation of an order or part...


1280.126 Unit. Unit means each State, group of States, or class designation (producers, feeders, first handlers, or seedstock producers) that is...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.127] [Page 274] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.127 United States. United States means collectively the 50 States and the District of Columbia. ...


[Code of Federal Regulations] [Title 7, Volume 10] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1280.128] [Page 274] TITLE 7--AGRICULTURE CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents Subpart A--Lamb Promotion, Research, and Information Order Sec. 1280.128 Wool. Wool means fiber from the fleece of a lamb. ...


1280.129 Wool products. Wool products means products produced, in whole or in part, from wool and products containing wool fiber, excluding pelts. ...


1280.201 Establishment and membership. (a) There is hereby established a Lamb Promotion, Research and Information Board of 13 members. Members of the...


1280.202 Nominations. All nominations authorized under this section shall be made in the following manner: (a) Nominations shall be obtained by...


1280.203 Nominee's agreement to serve. Any producer, feeder, first handler, or seedstock producer nominated to serve on the Board shall file with the Secretary...


1280.204 Appointment. From the nominations made pursuant to Sec. 1280.202, the Secretary shall appoint the members of the Board on the basis of...


1280.205 Vacancies. To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Board, the Secretary...


1280.206 Certification of organizations. (a) In General. The eligibility of State, regional, or national organizations to represent producers,...


1280.207 Term of office. (a) The members of the Board shall serve for a term of 3 years, except that the members appointed to the initial Board shall...


1280.208 Compensation. Board members shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing...


1280.209 Removal. If the Secretary determines that any person appointed under this part fails or refuses to perform his or her duties properly or engages...


1280.210 Powers and duties of the Board. The Board shall have the following powers and duties: (a) To administer this subpart in accordance with its...


1280.211 Prohibited activities. The Board may not engage in, and shall prohibit the employees and agents of the lamb industry from engaging in: (a)...


1280.212 Budget and expenses. (a) The Board shall prepare and submit to the Secretary a budget for the fiscal year covering its anticipated expenses...


1280.213 Investment of funds. The Board may invest, pending disbursement, funds it receives under this subpart, only in obligations of the United States or...


1280.214 Refund escrow accounts. (a) The Board shall establish an interest bearing escrow account with a financial institution which is a member of the...


1280.215 Refunds. Any producer, seedstock producer, feeder, first handler, or exporter from whom an assessment is collected and remitted to the Board, or...


1280.216 Procedure for obtaining a refund. Each producer, seedstock producer, feeder, first handler, or exporter who pays an assessment pursuant to the Act...


1280.217 Lamb purchases. (a) Except as prescribed by regulations approved by the Secretary, each first handler, or exporter making payment to a...


1280.218 Exporter. Each person exporting live lambs shall remit to the Board an assessment on such lambs at the time of export at the rate established in...


1280.219 First handlers. Each first handler, in addition to remitting the assessment collected pursuant to Sec. 1280.217, shall pay an assessment equal...


1280.220 Collections. (a) Each first handler and each exporter responsible for the collection of assessments under this subpart shall remit assessments...


1280.221 Prohibition on use of funds. No funds collected by the Board under this subpart shall be used to undertake any action for the purpose of...


1280.222 Books and Records of Board. The Board shall: (a) Maintain such books and records, which shall be made available to the Secretary for...


1280.223 Reports. Each first handler required to remit assessments to the Board for live lambs pursuant to Sec. 1280.217, each first handler marketing...


1280.224 Periodic evaluation. Pursuant to the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401), the Board shall, not less often than every...


1280.225 Books and records of persons. (a) Each first handler, exporter of lambs, and market agency shall maintain and make available for inspection such...


1280.226 Use of information. Information from records or reports required pursuant to this subpart shall be made available to the Secretary as is appropriate...


1280.227 Confidentiality. All information obtained from books, records, or reports under the Act, this subpart, and the regulations issued thereunder shall be...


1280.228 Right of the Secretary. All fiscal matters, programs, plans, or projects, rules or regulations, reports, or other substantive actions proposed...


1280.229 Personal liability. No member or employee of the Board shall be held personally responsible, either individually or jointly, in any way whatsoever...


1280.230 Separability. If any provision of the subpart is declared invalid or the applicability thereof to any person or circumstance is held invalid,...


1280.231 Patents, copyrights, inventions, product formulations, and publications. (a) Any patents, copyrights, inventions or publications...


1280.232 Amendments. Amendments to this subpart may be proposed, from time to time, by the Board or by any interested persons affected by the provisions of...


1280.233 Referenda. (a) Required referendum. For the purpose of ascertaining whether the persons subject to this part favor the continuation, suspension,...


1280.234 Suspension or termination. (a) The Secretary shall suspend or terminate this part or subpart or a provision thereof if the Secretary finds that this...


1280.235 Proceedings after termination. (a) Upon the termination of this subpart, the Board shall recommend to the Secretary not more than five of its...


1280.236 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or any regulation...


1280.237 Rules and Regulations. The Secretary may prescribe such rules and regulations as may be necessary to effectively carry out the provisions of...


1280.238 OMB Control Numbers. The control number for the information requirements assigned by the Office of Management and Budget pursuant to the...


1280.401 Terms defined. Source: 67 FR 39253, June 7, 2002, unless otherwise noted. As used throughout this subpart, unless the context otherwise...


1280.402 Assessments. (a) Sharing proceeds of sale. If more than one producer, feeder, or seedstock producer shares the proceeds received for the lamb or lamb...


1280.403 Refunds. (a) Procedure for obtaining a refund. Any producer, seedstock producer, feeder, first handler, or exporter from whom an assessment is collected...


1280.404 Reporting. (a) Each first handler required to submit assessments for live lambs pursuant to Sec. 1280.217, each first handler marketing lamb products of...


1280.405 Books and records. (a) Each first handler, exporter of lambs, and market agency shall maintain and, during normal business hours, make available for inspection...




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