Proposed Processed Raspberry Promotion, Research, and Information Order, 16266-16289 [E9-7981]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Proposed Rules]
[Pages 16266-16289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7981]



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Part II





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Part 1208



Proposed Processed Raspberry Promotion, Research, and Information 
Order; Referendum Procedures; Proposed Rules

Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / 
Proposed Rules

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1208

[Doc. No. AMS-FV-07-0077; FV-07-705-PR-1A]
RIN 0581-AC37


Proposed Processed Raspberry Promotion, Research, and Information 
Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: This rule proposes the establishment of an industry-funded 
promotion, research, and information program for processed raspberries. 
The proposed program, Processed Raspberry Promotion, Research, and 
Information Order (Proposed Order), was submitted to the Department of 
Agriculture (Department) by the Washington Red Raspberry Commission 
(WRRC). Under the Proposed Order, producers of raspberries for 
processing and importers of processed raspberries would pay an 
assessment of up to one cent per pound, with the initial assessment 
rate being one cent per pound, which would be paid to the proposed 
National Processed Raspberry Council (Council). Producers and importers 
of less than 20,000 pounds annually of raspberries for processing and 
processed raspberries respectively would be exempt from the assessment. 
The proposed program would be implemented under the Commodity 
Promotion, Research, and Information Act of 1996 (1996 Act). An initial 
referendum would be conducted among eligible producers of raspberries 
for processing and importers of processed raspberries to determine 
whether they favor the implementation of the program prior to it going 
into effect. This rule also announces the Agricultural Marketing 
Service's (AMS) intention to request approval of new processed 
raspberries information collection requirements by the Office of 
Management and Budget (OMB) for the Proposed Order.

DATES: Comments must be received by June 8, 2009. Pursuant to the 
Paperwork Reduction Act (PRA), comments on the information collection 
burden that would result from this proposal must be received by June 8, 
2009.

ADDRESSES: Interested persons are invited to submit written comments on 
the Internet at https://www.regulations.gov or to the Research and 
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, SW., Stop 0244, Room 0632-S, Washington, DC 20250-
0244; fax: (202) 205-2800. All comments should reference the docket 
number and the date and page number of this issue of the Federal 
Register and will be made available for public inspection in the above 
office during regular business hours or can be viewed at https://www.regulations.gov.
    Pursuant to PRA, comments regarding the accuracy of the burden 
estimate, ways to minimize the burden, including the use of automated 
collection techniques or other forms of information technology, or any 
other aspect of this collection of information, should be sent to the 
above address. In addition, comments concerning the information 
collection should also be sent to the Desk Office for Agriculture, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, 725 17th Street, NW., Room 725, 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kimberly Coy, Marketing Specialist, 
Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 
1400 Independence Avenue, SW., Room 0632, Stop 0244, Washington, DC 
20250-0244; telephone: (202) 720-9915 or (888) 720-9917 (toll free); or 
facsimile: (202) 205-2800; or e-mail: Kimberly.Coy@usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued pursuant to the 
Commodity Promotion, Research, and Information Act of 1996 (1996 Act) 
(7 U.S.C. 7411-7425).

Executive Order 12866

    This rule has been determined not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by the Office 
of Management and Budget (OMB).

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have retroactive effect. This 
rule will not preempt any state or local laws, regulations, or 
policies, unless they represent an irreconcilable conflict with this 
rule. Section 524 of the 1996 Act provides that it shall not affect or 
preempt any other Federal or state law authorizing promotion or 
research relating to an agricultural commodity.
    Under section 519 of the 1996 Act, a person subject to an order may 
file a written petition with the Department stating that an order, any 
provision of an order, or any obligation imposed in connection with an 
order, is not established in accordance with the law, and requesting a 
modification of an order or an exemption from an order. Any petition 
filed challenging an order, any provision of an order, or any 
obligation imposed in connection with an order, shall be filed within 
two years after the effective date of an order, provision, or 
obligation subject to challenge in the petition. The petitioner will 
have the opportunity for a hearing on the petition. Thereafter, the 
Department will issue a ruling on the petition. The 1996 Act provides 
that the district court of the United States for any district in which 
the petitioner resides or conducts business shall have the jurisdiction 
to review a final ruling on the petition, if the petitioner files a 
complaint for that purpose not later than 20 days after the date of the 
entry of the Department's final ruling.

Executive Order 13132

    This proposed rule has been reviewed under Executive Order 13132, 
Federalism. This Executive Order directs agencies to construe, in 
regulations and otherwise, a Federal Statute to preempt State law only 
when the statute contains an express preemption provision. Section 524 
of the 1996 Act provides that the Act shall not affect or preempt any 
other Federal or State law authorizing promotion or research relating 
to an agricultural commodity.
    The WRRC and the Oregon Raspberry and Blackberry Commission (ORBC), 
the principal producers of processed raspberries, both administer State 
marketing orders, which require all producers of raspberries to pay 
assessments to support the health of their respective industries. Both 
the WRRC and ORBC invest funds into research programs at their land-
grant universities and other research institutions to study disease, 
pest control, and varietal development. In addition to developing and 
funding production research, they also fund marketing and promotion 
programs and seek to foster education and communication between 
producers. However, according to the WRRC, WRRC, ORBC and international 
raspberry organizations have not been able to generate the funds 
necessary to support the marketing efforts needed to help expand 
processed raspberry consumption and increase the demand for processed 
raspberries. In order to manage increased production, increased 
competition, and changing consumer habits, the WRRC believes that a 
more extensive marketing program is needed. The WRRC and ORBC believe 
that a

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national research and promotion program would fund the promotional 
aspect necessary to stay competitive and would place all domestic 
producers and importers on an equal playing field with each investing a 
fair share in promoting processed raspberries. If a national processed 
raspberry program is established, the WRRC and ORBC will continue to 
fund processed raspberry research in areas not likely to be the focus 
of the national program.
    In accordance with the 1996 Act, this proposed rule would not 
preempt any of these State-legislated programs. Further, section 
1208.52(h) of the Proposed Order provides for credit of assessments for 
those individuals who contribute to local, regional, or State 
organizations that engage in similar generic research, promotion, and 
information programs as partial fulfillment of assessments due to the 
Council subject to approval of the Secretary, for expenditure on 
generic research, promotion and information programs conducted within 
the United States.
    The proposed program is not intended to duplicate any State 
program. Considerable attention is being made to involve producers in 
discussions regarding future program development and administration and 
what the State commissions would look like prior to the initial 
referendum. It is expected that farm related activities, such as 
production research, would continue to be funded by the State 
organizations and market development functions, such as nutritional 
research and marketing programs, would shift to the Proposed Order.
    Not only were the States informed throughout the development of the 
national program, they were instrumental in the processed raspberry 
industry's decision to institute a national program.
    In 2007, representatives from the WRRC were among other raspberry 
industry representatives who met with AMS representatives to discuss 
the possibility of implementing a national processed raspberry 
promotion, research, and information program. WRRC representatives 
participated in the development of the provisions of the Proposed Order 
during these meetings and with direct communication with the Oregon 
Raspberry and Blackberry Commission (ORBC).

Initial Regulatory Flexibility Act Analysis

    In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C. 
601-612], AMS is required to examine the impact of the proposed rule on 
small entities. The purpose of the RFA is to fit regulatory actions to 
the scale of businesses subject to such actions so that small 
businesses will not be disproportionately burdened.
    The Small Business Administration defines, in 13 CFR Part 121, 
small agricultural producers as those having annual receipts of no more 
than $750,000 and small agricultural service firms (handlers and 
importers) as those having annual receipts of no more than $7.0 
million. Under these criteria, the majority of the producers and 
handlers that would be affected by this Proposed Order would be 
considered small entities, while most importers would not. Future, 
qualified organizations certified by the Secretary for nomination 
purposes, would be expected to generally consist of entities reflecting 
such sizes also. Producers and importers of less than 20,000 pounds per 
year of raspberries for processing and processed raspberries 
respectively would be exempt under this Proposed Order. Five organic 
producers and importers are also expected to be exempt from 
assessments. The number of entities assessed under the program would be 
around 245. Estimated revenue is expected at $1.2 million of which 43 
percent is expected from imported product and 57 percent from domestic 
product.
    According to the WRRC, in 2006, there were approximately 195 
producers of raspberries for processing and 34 processors (first 
handlers) of processed raspberries in Oregon and Washington States, 
which are the principal growing areas in the United States for 
raspberries destined for processing. Approximately 95 percent of the 
producers and 100 percent of the raspberry processors qualified under 
the definition for small business owners. Although California is a 
significant producer of raspberries, virtually all harvested product is 
destined for the fresh market. In 2006, there were approximately 50 
importers. Based on the U.S. Department of Commerce, U.S. Census 
Bureau, Foreign Trade Statistics, in 2006 two countries accounted for 
96 percent of the processed raspberries imported into the United 
States. These countries and their share of the imports are: Chile (78 
percent) and Canada (18 percent).
    The 1996 Act authorizes generic programs of promotion, research, 
and information for agricultural commodities. Congress found that it is 
in the national public interest and vital to the welfare of the 
agricultural economy of the United States to maintain and expand 
existing markets and develop new markets and uses for agricultural 
commodities through industry-funded, government-supervised, generic 
commodity promotion programs.
    The WRRC submitted this Proposed Order to: (1) Develop and finance 
an effective and coordinated program of research, promotion, industry 
information, and consumer education regarding processed raspberries; 
(2) strengthen the position of the processed raspberry industry; and 
(3) maintain, develop, and expand existing markets for processed 
raspberries.
    While the Proposed Order would impose certain recordkeeping 
requirements on first handlers, this information could be compiled from 
records currently maintained. First handlers would collect and remit 
the assessments on domestic processed raspberries to the Council. First 
handler responsibilities would include accurate recordkeeping and 
accounting on all raspberries purchased or contracted for processing 
including the number of pounds handled, the names of their producers, 
and the dates raspberries were purchased. The forms require the minimum 
information necessary to effectively carry out the requirements of the 
program, and their use is necessary to fulfill the intent of the 1996 
Act. Such records must be retained for at least two years. This 
information is already maintained as a normal business practice. In 
addition, as these entities currently remit assessments under either 
the Washington or Oregon State programs, the additional recordkeeping 
and submission impact would be minimal.
    There is also a minimal paperwork burden on producers. The Proposed 
Order would require producers to keep records and to provide 
information to the Council or the Department when requested. However, 
it is not anticipated that producers would be required to submit forms 
to the Council other than for nomination to the Council. If, for 
example, the Council needs information from a producer as part of the 
Council's compliance program, the information would need to be obtained 
through an audit of the producer's records instead of having the 
producer complete and submit paperwork.
    In addition, there is a minimal burden on importers. The import 
assessments would be collected by U.S. Customs and Border Protection 
(Customs) at time of entry into the United States. Importers would be 
required to keep records and to provide information to the Council or 
the Secretary of Agriculture (Secretary) when requested. However, it is 
not anticipated that importers would be required to submit forms to the 
Council for assessment collection because Customs conducts 
recordkeeping and

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assessment remittance at the time of product entry into the United 
States. Importers who seek nomination to serve on the Council would be 
required to complete a background form which would be submitted to the 
Secretary.
    Foreign producers from countries exporting a minimum of three 
million pounds of raspberries for processing based on a three-year 
average to the U.S. and at-large members seeking nomination to serve on 
the Council would be required to complete a background form which would 
be submitted to the Secretary.
    The estimated annual cost of providing the information to the 
Council by an estimated 297 respondents (195 producers, 50 importers, 
34 first handlers/processors, 2 foreign producers, 5 organic producers 
and importers, 10 certified organizations (for nomination purposes), 
and 1 at-large member) would be $9,141.
    Section 518 of the 1996 Act provides for referenda to ascertain 
approval of the Proposed Order to be conducted either prior to its 
going into effect or within three years after assessments first begin 
under the Proposed Order. An initial referendum would be conducted 
prior to putting this Proposed Order in effect. The Proposed Order also 
provides for approval in a referendum to be based upon approval by a 
majority of those persons voting in the referendum. Every seven years, 
the Department shall conduct a referendum to determine whether 
producers and importers of processed raspberries favor the 
continuation, suspension, or termination of the Proposed Order. In 
addition, the Department could conduct a referendum at any time; at the 
request of 10 percent or more of all eligible producers of raspberries 
for processing and processed raspberries importers required to pay 
assessments; or if the Council requests that the Secretary hold a 
referendum.
    The United States is among the leading producers of raspberries. 
Raspberries are grown in 46 states and are harvested late June to mid 
August. The 2002 Census of Agriculture indicates that about 80 percent 
of the U.S. raspberry acreage was in California, Oregon, and 
Washington.
    According to the United States Department of Agriculture's National 
Agricultural Statistics Service (NASS) and the Foreign Agricultural 
Service, in 2005, 178,300 million pounds of raspberries (fresh) with a 
combined value approaching $246 million (value at point of first sale) 
were produced in California, Oregon, and Washington, the three most 
productive States for growing raspberries in the United States. In 
2006, 179,850 million pounds were produced and utilized, at a value of 
almost $275 million. California's crop is predominately delivered to 
the fresh market, while Oregon and Washington are the principal 
producers of processed raspberries.
    Domestic production varies from year to year due to climatic 
conditions and field health. Over the last fifteen years, total 
domestic production of raspberries delivered to processors in the 
United States (i.e., production utilized for processing) has increased 
from 47.5 million pounds in 1991 to almost 75 million pounds in 2005 
with most recent years averaging approximately 65 million pounds. 
Washington continues to be the major supplier of processed raspberries 
to the domestic market, although its market share declined from 72 
percent to 51 percent between 2001 and 2006. In comparison, imported 
raspberries have surged from 7.5 to 53.8 million pounds from 1991 to 
2005 and decreased to 48.9 million pounds in 2006. Chile, which is the 
predominate importer of processed raspberries to the United States, 
supplied just over 30 percent of the market in 2005 and 2006.
    Domestic uses of processed raspberries include further processing 
into juices, jellies, baked goods, and consumer retailer packs. After 
averaging approximately 100 million pounds for the period 1999 to 2004, 
approximately 128 million pounds of processed raspberries were produced 
and/or imported into the United States in 2005 and 111 million pounds 
in 2006. These totals were calculated by using imports of frozen 
raspberries (from USDA's Foreign Agricultural Service) and NASS reports 
of production utilized for processing in Oregon and Washington. Because 
of the way imports are currently reported, and because of the way NASS 
reports raspberry data, the totals represent the best information 
currently available.
    The following countries are major exporters of raspberries to the 
United States: Canada, Chile, China, France, and Poland. Canada and 
Chile represented 91.5 percent share of total import tonnage in the 
domestic United States market from 2002 to 2006, with 26 and 65.5 
percent respectively.
    The same growing conditions and harvesting period apply to the 
Pacific Northwest and British Columbia, the major raspberry growing 
region in Canada. Exports of processed frozen raspberries from British 
Colombia to the United States ranged from 2.9 million metric tons to 
5.7 million metric tons over the past five years.
    Contra-season raspberry production in the southern hemisphere is 
primarily located in Chile, with a harvest season beginning in December 
and continuing into February. However, processed raspberries are 
imported into the United States throughout the year.
    The Proposed Order would authorize a fixed assessment paid by 
producers of raspberries for processing and importers of processed 
raspberries at a rate of up to one cent per pound, with the initial 
assessment rate being one cent per pound. The assessment rate will be 
reviewed, and increased or decreased as recommended by the Council and 
approved by the Secretary after the first referendum is conducted as 
stated in Sec.  1208.71 (a). Such an increase or decrease may occur not 
more than once annually. Any change in the assessment rate shall be 
subject to rulemaking by the Department, and will be reviewed, and 
increased or decreased by the Secretary through rulemaking as 
recommended by the Council. Any change in the assessment rate shall be 
announced by the Council at least 30 days prior to going into effect. 
The maximum assessment rate authorized is one cent per pound.
    At the proposed rate of assessment of up to one cent per pound, 
with the initial assessment rate being one cent per pound, the Council 
would collect approximately $1.2 million annually based on an estimated 
120 million pound supply from domestic raspberries for processing and 
imports of processed raspberries. The domestic supply represents 
approximately 57 percent of the total and imports represent 43 percent.
    The Proposed Order would exempt producers and importers of less 
than 20,000 pounds annually of raspberries for processing and processed 
raspberries respectively. A review of producer delivery statistics from 
Oregon and Washington States indicate that around 15 percent of all 
producers would have been exempted from assessment in 2006 from the 
proposed research and promotion program based on a 20,000 pounds 
exemption threshold. Also, organic producers and importers would be 
exempt from assessment. Section 515 of the 1996 Act provides for the 
establishment of a board or council consisting of producers, importers, 
and others in the marketing chain as appropriate. The Proposed Order 
would provide for the establishment of the National Processed Raspberry 
Council to administer the Proposed Order under AMS oversight. The 
Secretary would appoint members to the Council from nominees submitted 
in accordance with the Proposed Order. The WRRC proposed that the 
Council be composed of 13 members and their alternates. The

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proposed Council membership is as follows: six producer members of 
raspberries for processing from States producing a minimum of three 
million pounds of raspberries delivered for processing; one producer 
member of raspberries for processing representing all other States that 
produce less than the minimum of three million pounds of raspberries 
delivered for processing; three processed raspberry importer members; 
two foreign producers from countries exporting a minimum of three 
million pounds of raspberries for processing to the U.S. based on a 
three-year average; and one at-large member recommended by the Council. 
The distribution of producer member of raspberries for processing 
positions among the States producing a minimum of three million pounds 
of raspberries would be proportional to the average of the total pounds 
delivered to the processor for processing over the previous three 
years. The States that provide less than three million pounds will be 
combined into one region and will have one producer representative.
    Under the Proposed Order, the Council members and alternates will 
serve for a term of three years and be able to serve a maximum of two 
consecutive terms. When the Council is first established, four producer 
members, two importers, one of the two foreign producers, and the at-
large member and their respective alternates will be assigned initial 
terms of three years; and, three producer members, one importer member, 
and the second foreign producer and their respective alternates will 
serve an initial term of two years. Thereafter, each of these positions 
will carry a full three-year term. Members serving an initial term of 
two years will be eligible to serve a second three-year term to 
complete their eligibility. Council nominations and appointments will 
take place in two out of every three years. Each term of office will 
end on December 31, and a new term will begin on January 1.
    Producers and importers would represent those entities in the 
United States. The United States would be defined to include 
collectively the 50 States, the District of Columbia, the Commonwealth 
of Puerto Rico and the territories and possessions of the United 
States.
    The nominations for the six producer and alternate members from 
States producing a minimum three-year average of three million pounds 
of raspberries delivered for processing will be submitted to the 
Council in the following manner: (1) For those States that have a State 
raspberry commission or State marketing order, the State commission or 
committee will nominate producers and their alternates to serve; or (2) 
for those States that do not have a State commission or State marketing 
order, the Council will seek nominations from the State Departments of 
Agriculture for members and alternates from the specific States.
    For those States producing a minimum three-year average of three 
million pounds of raspberries delivered for processing that have a 
State raspberry commission or State marketing order, the State 
commission or committee nominations will be returned to the Council and 
placed on a ballot which will then be sent to producers in the State 
for a vote. The nominee for member will have received the highest 
number of votes cast. The person with the second highest number of 
votes cast will be the nominee for alternate. The persons with the 
third and fourth place highest number of votes cast will be designated 
as additional nominees for consideration by the Secretary. Once the 
Council has received all of the nominations from commissions or 
committees, the information will be submitted to the Secretary for 
appointment. Nominations for the initial Council will be handled by the 
Department. Subsequent nominations will be handled by the Council staff 
and shall be submitted to the Secretary not less than 90 days prior to 
the expiration of the term of office.
    If the Department determines that there are no State raspberry 
commissions or State marketing orders from States producing a minimum 
three-year average of three million pounds of raspberries delivered for 
processing, the Council will seek nominations from the State 
Departments of Agriculture for members and alternates from the specific 
States who may directly submit nominations to the Department for the 
initial Council. Subsequent nominations shall be submitted to the 
Council and will be handled by the Council staff who in turn shall 
submit those nominations to the Secretary not less than 90 days prior 
to the expiration of the term of office.
    The distribution of the six producer and alternate seats will be 
proportional to the percentage determined by the average of the total 
pounds produced and delivered to processors for processing over the 
previous three years divided by the average total pounds produced over 
the previous three years. For example, if Washington State and Oregon 
are the only two States producing a minimum of 3 million pounds each, 
and Washington's previous three-year average is 62.4 million pounds and 
Oregon's previous three-year average is 6.7 million pounds with the 
average total pounds for the previous three years being 69.1 million 
pounds, Washington would have 90 percent of the production and Oregon 
would have 10 percent of the production. Therefore, Washington would 
obtain five out of the six seats and Oregon would receive one seat.
    The nomination for the one raspberry producer of raspberries for 
processing and alternate member, who represents all other States 
producing less than a minimum three-year average of three million 
pounds of raspberries delivered for processing, will constitute a 
region and the nominations will be submitted to the Council in the 
following manner: (1) For those States that have a State raspberry 
commission or State marketing order, the State commission or committee 
will nominate producers and their alternates to serve; or (2) for those 
States that do not have a State commission or State marketing order, 
the Council will seek nominations from the State Departments of 
Agriculture for the member and alternate from the specific States.
    For those States producing less than a minimum three-year average 
of three million pounds of raspberries delivered for processing that 
have a State raspberry commission or State marketing order, the State 
commission or committee nominations will be returned to the Council and 
placed on a ballot which will then be sent to producers in the Region 
for a vote. The nominee for member will have received the highest 
number of votes cast. The person with the second highest number of 
votes cast will be the nominee for alternate. The persons with the 
third and fourth place highest number of votes cast will be designated 
as additional nominees for consideration by the Secretary. Once the 
Council has received all of the nominations from commissions or 
committees, the information will be submitted to the Secretary for 
appointment. Nominations for the initial Council will be handled by the 
Department. Subsequent nominations will be handled by the Council staff 
and shall be submitted to the Secretary not less than 90 days prior to 
the expiration of the term of office.
    If the Department determines that there are no State raspberry 
commissions or State marketing orders from States producing less than a 
minimum three-year average of three million pounds of raspberries 
delivered for processing, the Council will seek nominations from the 
State Departments of Agriculture for members and alternates from the 
specific States. The State Departments of Agriculture would

[[Page 16270]]

have the opportunity to participate in nomination caucuses and will 
directly submit as a group a single slate of nominations to the 
Department for the producer position and the producer alternate 
position on the Council for the initial Council. Subsequent nominations 
shall be submitted to the Council and will be handled by the Council 
staff who in turn shall submit those nominations to the Secretary not 
less than 90 days prior to the expiration of the term of office.
    Only producers from States that deliver raspberries for processing 
and pay assessments under the program are eligible for nomination and 
election to the Council. Average production will be based upon 
Department production data for the initial nomination and production 
figures generated by either the Council or the Department thereafter.
    Nominations for the three processed raspberry importer member 
positions and their alternates will be made by qualified national 
organizations representing importers. Two nominees for each member and 
each alternate position will be submitted to the Secretary for 
consideration.
    All qualified national organizations representing importers would 
have the opportunity to participate in nomination caucuses and will 
submit as a group a single slate of nominations to the Secretary for 
the importer positions and the importer alternate positions on the 
Council.
    Eligible organizations must submit nominations to the Department 
not less than 90 days prior to the expiration of the term of office. To 
become a qualified national organization representing importers under 
the Proposed Order, each such organization would be required to meet 
the following criteria: (1) Any organization representing importers 
must represent a substantial number of importers who market a 
substantial volume of raspberries for processing; (2) it must have a 
history of stability and permanency and have been in existence for more 
than one year; (3) it must promote processed raspberry importers' 
welfare; and (4) it must derive a portion of its operating funds from 
importers.
    If the Department determines that there are no qualified national 
organizations representing importers, individuals who have paid their 
assessments to the Council in the most recent fiscal year or for the 
initial Council, those that imported processed raspberries into the 
U.S. in the most recent fiscal year, could directly submit nominations 
to the Department for the initial Council. Subsequent nominations shall 
be submitted to the Council and will be handled by the Council staff 
who in turn shall submit those nominations to the Secretary not less 
than 90 days prior to the expiration of the term of office.
    Nominations for the two foreign producer member positions and their 
alternates will be made by qualified organizations representing foreign 
producers. Two nominees for each member and each alternate position 
will be submitted to the Secretary for consideration.
    All qualified organizations representing foreign producers would 
have the opportunity to participate in nomination caucuses and will 
submit as a group a single slate of nominations per country to the 
Secretary for foreign producer positions and the foreign producer 
alternate positions on the Council.
    Eligible organizations must submit nominations to the Department 
not less than 90 days prior to the expiration of the term of office. To 
become a qualified organization representing foreign producers under 
the Proposed Order, each such organization would be required to meet 
the following criteria: (1) Any organization representing foreign 
producers must represent a substantial number of foreign producers who 
market or produce a substantial volume of raspberries for processing; 
(2) it must have a history of stability and permanency and have been in 
existence for more than one year; (3) it must promote processed 
raspberry foreign producers' welfare; (4) it must derive a portion of 
its operating funds from foreign producers; and (5) must be from a 
country exporting a minimum of three million pounds of raspberries for 
processing to the U.S. based on a three-year average.
    If the Department determines that there are no qualified 
organizations representing foreign producer interest, individual 
foreign producers may directly submit nominations to the Department for 
the initial Council. Subsequent nominations shall be submitted to the 
Council and will be handled by the Council staff who in turn shall 
submit those nominations to the Secretary not less than 90 days prior 
to the expiration of the term of office.
    In recommending the at-large member and alternate, the Council can 
give consideration to nutrition health professionals and others 
interested in the raspberry industry. Nominations for the at-large 
member and alternate will be conducted at a Council meeting by the 
Council staff and shall be submitted by the Council to the Secretary 
for approval not less than 90 days prior to the expiration of the term 
of office. Nominations for the initial Council will be handled by the 
Department.
    The 1996 Act provides that to ensure fair and equitable 
representation, the composition of a board or council shall reflect the 
geographic distribution of the production of the agriculture commodity 
in the United States and the quantity or value of the agriculture 
commodity imported into the United States. The Proposed Order states 
that at least once every five years, but not more frequently than once 
every three years, the Council will review the geographic distribution 
of United States production of processed raspberries and the quantity 
and source of processed raspberry imports. If warranted, the Council 
will recommend to the Secretary that membership on the Council be 
altered to reflect any changes in geographic distribution of domestic 
raspberry production and the quantity of imports. Also, if the level of 
imports increases or decreases, importer members and alternates may be 
added or reduced on the Council. However, the foreign producer seats 
will remain the same regardless of the volume of imports from importing 
countries.
    The Proposed Order provides that all officers, employees, and 
agents of the Department and of the Council are required to keep 
confidential all information obtained from persons subject to the 
Proposed Order. This information would be disclosed only if the 
Department considers the information relevant, and the information is 
revealed in a judicial proceeding or administrative hearing brought at 
the direction or on the request of the Department or to which the 
Department or any officer of the Department is a party. However, the 
issuance of general statements based on reports or on information 
relating to a number of persons subject to the Proposed Order would be 
permitted, if the statements do not identify the information furnished 
by any person. Finally, the publication, by direction of the 
Department, of the name of any person violating the Proposed Order and 
a statement of the particular provisions of the Proposed Order violated 
by the person would be allowed.
    Proposed recordkeeping and reporting requirements for the raspberry 
promotion, research, and information program would be designed to 
minimize the burden on the raspberry industry.
    The estimated total cost of providing information to the Council by 
all respondents would be $9,141. This total has been estimated by 
multiplying 277 total hours required for reporting and recordkeeping by 
$33, the average mean

[[Page 16271]]

hourly earnings of various occupations involved in keeping this 
information. Data for computation of this hourly rate was obtained from 
the U.S. Department of Labor Statistics.
    With regard to alternatives to this proposed rule, the 1996 Act 
itself does provide for authority to tailor a program according to the 
individual needs of an industry. Provision is made for permissive terms 
in an order in section 516 of the 1996 Act, and other sections provide 
for alternatives. Section 514 of the 1996 Act provides for orders 
applicable to (1) producers, (2) first handlers and other persons in 
the marketing chain as appropriate, and (3) importers (if imports are 
subject to assessment). Section 516 states that an order may include an 
exemption of de minimis quantities of an agricultural commodity; 
different payment and reporting schedules; coverage of research, 
promotion, and information activities to expand, improve, or make more 
efficient the marketing or use of an agricultural commodity in both 
domestic and foreign markets; provision for reserve funds; provision 
for credits for generic activities for those individuals who contribute 
to other similar generic research, promotion, and information programs 
at State, regional or local level; and assessment of imports. In 
addition, section 518 of the 1996 Act provides for referenda to 
ascertain approval of an order to be conducted either prior to its 
going into effect or within three years after assessments first begin 
under the order. An order also may provide for its approval in a 
referendum to be based upon (1) a majority of those persons voting; (2) 
persons voting for approval who represent a majority of the volume of 
the agricultural commodity; or (3) a majority of those persons voting 
for approval who also represent a majority of the volume of the 
agricultural commodity. Section 515 of the 1996 Act provides for 
establishment of a council from among producers, first handlers, and 
others in the marketing chain as appropriate and importers, if 
importers are subject to assessment.
    This proposal includes provisions for both domestic and foreign 
market expansion and improvement; reserve funds; credits for generic 
activities; assessments on imports; and an initial referendum to be 
conducted prior to the Proposed Order going into effect. Approval would 
be determined by a majority of producers and importers voting for 
approval.
    Similar to WRRC, Oregon also has a state raspberry commission, the 
Oregon Raspberry and Blackberry Commission (ORBC). The WRRC and ORBC 
both administer State marketing orders, which require all producers of 
raspberries to pay assessments to support the health of their 
respective industries. According to WRRC, the two commissions have 
developed a good working relationship with each other over the years. 
Both the WRRC and ORBC invest funds into research programs at their 
land-grant universities and other research institutions to study 
disease, pest control, and varietal development. In addition to 
developing and funding production research, they also fund marketing 
and promotion programs and seek to foster education and communication 
between producers. However, according to the WRRC, WRRC, ORBC and 
international raspberry organizations have not been able to generate 
the funds necessary to support the marketing efforts needed to help 
expand processed raspberry consumption and increase the demand for 
processed raspberries. In order to manage increased production, 
increased competition, and changing consumer habits, the WRRC believes 
that a more extensive marketing program is needed. The WRRC and ORBC 
believe that a national research and promotion program would fund the 
promotional aspect necessary to stay competitive and would place all 
domestic producers and importers on an equal playing field with each 
investing a fair share in promoting processed raspberries. The Council 
may provide credits of assessments for those individuals who contribute 
to local, regional, or State organizations engaged in similar generic 
research, promotion, and information programs as applied to assessment 
due to the Council subject to approval of the Secretary, for 
expenditure on generic research, promotion and information programs 
conducted within the United States. If a national processed raspberry 
program is established, the WRRC and ORBC will continue to fund 
processed raspberry research in areas not likely to be the focus of the 
national program.
    The WRRC and ORBC programs are not able to engage raspberry 
production in other States or countries in a meaningful way. The 
proposed program is not intended to duplicate any State program. 
Considerable attention is being made to involve producers in 
discussions regarding future program development and administration and 
what the State commissions would look like prior to the initial 
referendum. It is expected that farm related activities, such as 
production research, would continue to be funded by the State 
organizations and market development functions, such as nutritional 
research and marketing programs, would shift to the Proposed Order.
    The WRRC proposed that producers and importers of less than 20,000 
pounds annually of raspberries for processing and processed raspberries 
respectively, be exempt from assessments. In addition, WRRC proposed 
that a producer who operates under an approved National Organic Program 
(NOP) system plan, produces only products eligible to be labeled as 100 
percent organic under the NOP, and is not a split operation, be exempt 
from paying assessments under the Proposed Order. An importer who 
imports only products eligible to be labeled as 100 percent organic 
under the NOP, and is not a split operation, would also be exempt from 
paying assessments.
    While the Department has performed this Initial Regulatory 
Flexibility Analysis regarding the impact of the proposed rule on small 
entities, in order to have as much data as possible for a more 
comprehensive analysis of the effects of this rule on small entities, 
we are inviting comments concerning potential effects. The Department 
is also requesting comments regarding the number and size of entities 
covered under the Proposed Order.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 
Chapter 35], AMS announces its intention to request an approval of a 
new information collection and recordkeeping requirements for the 
proposed Processed Raspberry Program.
    Title: Advisory Committee or Research and Promotion Background 
Information.
    OMB Number for background form AD-755: (Approved under OMB No. 
0505-0001).
    Expiration Date of Approval: March 31, 2009.
    Title: National Research, Promotion, and Consumer Information 
Programs.
    OMB Number: 0581-NEW.
    Expiration Date of Approval: 3 years from approval date.
    Type of Request: New information collection for research and 
promotion programs.
    Abstract: The information collection requirements in the request 
are essential to carry out the intent of the 1996 Act.
    There will also be the additional burden on producers and importers 
voting in referenda. The referendum ballot, which represents the 
information collection requirement relating to referenda, is addressed 
in a proposed rule on referendum procedures which is published 
separately in this issue of the Federal Register.

[[Page 16272]]

    Under the proposed program, first handlers would be required to 
collect assessments from producers and file reports with and submit 
assessments to the Council. While the Proposed Order would impose 
certain recordkeeping requirements on first handlers, information 
required under the Proposed Order could be compiled from records 
currently maintained. Such records shall be retained for at least two 
years beyond the marketing year of their applicability.
    Under the Proposed Order, importers are responsible to pay 
assessments. Importers must report the total quantity of produce 
imported during the reporting period and a record of each importation 
of such product during such period, giving quantity, date, and port of 
entry. Under the Proposed Order, Customs would collect assessments on 
imported processed raspberries and remit the funds to the Council.
    An estimated 297 respondents would provide information to the 
Council. They would be 195 producers, 50 importers, 34 first handlers/
processors, 5 organic producers and importers (for exemption purposes), 
2 foreign producers, 10 certified organizations (for nomination 
purposes), and 1 at-large member. The estimated cost of providing the 
information to the Council by respondents would be $9,141. This total 
has been estimated by multiplying 277 total hours required for 
reporting and recordkeeping by $33, the average mean hourly earnings of 
various occupations involved in keeping this information. Data for 
computation of this hourly rate was obtained from the U.S. Department 
of Labor Statistics.
    The Proposed Order's provisions have been carefully reviewed, and 
every effort has been made to minimize any unnecessary recordkeeping 
costs or requirements, including efforts to utilize information already 
submitted under other raspberry programs administered by the Department 
and other state programs.
    The proposed forms would require the minimum information necessary 
to effectively carry out the requirements of the program, and their use 
is necessary to fulfill the intent of the 1996 Act. Such information 
can be supplied without data processing equipment or outside technical 
expertise. In addition, there are no additional training requirements 
for individuals filling out reports and remitting assessments to the 
Council. The forms would be simple, easy to understand, and place as 
small a burden as possible on the person required to file the 
information.
    Collecting information yearly would coincide with normal industry 
business practices. The timing and frequency of collecting information 
are intended to meet the needs of the industry while minimizing the 
amount of work necessary to fill out the required reports. The 
requirement to keep records for two years is consistent with normal 
industry practices. In addition, the information to be included on 
these forms is not available from other sources because such 
information relates specifically to individual producers, first 
handlers, processors, foreign producers, and importers who are subject 
to the provisions of the 1996 Act.
    Therefore, there is no practical method for collecting the required 
information without the use of these forms.
    Information collection requirements that are included in this 
proposal include:
    (1) A Background Information Form AD-755 (OMB Form No. 0505-0001).
    Estimate of Burden: Public reporting for this collection of 
information is estimated to average 0.5 hours per response for each 
Council nominee.
    Respondents: Producers, importers, foreign producers, and at-large 
nominee.
    Estimated Number of Respondents: 26 (52 for initial nominations to 
the Council, 26 in subsequent years).
    Estimated Number of Responses per Respondent: 1 every 3 years. 
(0.3)
    Estimated Total Annual Burden on Respondents: 26 hours for the 
initial nominations to the Council and 3.9 hours annually thereafter.
    (2) An Annual Report by Each First Handler of Processed 
Raspberries.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.5 hours per first handler 
reporting on processed raspberries handled.
    Respondents: First handlers.
    Estimated Number of Respondents: 34.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 17 hours.
    (3) An Exemption Application for Producers and Importers Who Would 
Be Exempt from Assessments.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.25 hours per producers, or 
importer reporting on processed raspberries produced or imported. Upon 
approval of an application, producers and importers will receive 
exemption certification.
    Respondents: Exempt producers and importers.
    Estimated Number of Respondents: 40.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 10 hours.
    (4) Application for Reimbursement of Assessment.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.25 hours per request for 
reimbursement.
    Respondents: Importers.
    Estimated Number of Respondents: 10.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 2.5 hours.
    (5) A Requirement To Maintain Records Sufficient To Verify Reports 
Submitted Under the Order.
    Estimate of Burden: Public recordkeeping burden for keeping this 
information is estimated to average 0.5 hours per record keeper 
maintaining such records.
    Recordkeepers: Producers, first handlers, and importers.
    Estimated Number of Recordkeepers: 297.
    Estimated Total Recordkeeping Hours: 148.5 hours.
    (6) Application for Certification of Organizations.
    Estimate of Burden: Public recordkeeping burden for this collection 
of information is estimated to average 0.5 hours per application.
    Respondents: Importers and foreign producer organizations.
    Estimated Number of Respondents: 10.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 5 hours.
    (7) Nomination Appointment Form.
    Estimate of Burden: Public recordkeeping burden for this collection 
of information is estimated to average 0.25 hours per application.
    Respondents: Producers, importers, and foreign producers.
    Estimated Number of Respondents: 150.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 37.5 hours.
    (8) Nomination Appointment Ballot.
    Estimate of Burden: Public recordkeeping burden for this collection 
of information is estimated to average 0.25 hours per application.
    Respondents: Producers and importers.
    Estimated Number of Respondents: 150.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 37.5 hours.

[[Page 16273]]

    (9) Application for Assessments Credit.
    Estimate of Burden: Public recordkeeping burden for this collection 
of information is estimated to average 0.25 hours per application.
    Respondents: Producers.
    Estimated Number of Respondents: 50.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 12.5 hours.
    (10) Organic Exemption Form.
    Estimate of Burden: Public recordkeeping burden for this collection 
of information is estimated to average 0.5 hours per exemption form.
    Respondents: Producers and importers.
    Estimated Number of Respondents: 5.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 2.5 hours.

Request for Public Comment Under the Paperwork Reduction Act

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of functions of the 
Proposed Order and the Department's oversight of the Proposed Order, 
including whether the information would have practical utility; (b) the 
accuracy of the Department's estimate of the burden of the proposed 
collection of information, including the validity of the methodology 
and assumptions used; (c) the accuracy of the Department's estimate of 
the principal growing areas in the United States for raspberries 
destined for processing; (d) the accuracy of the Department's estimate 
of the number of producers and first handlers of processed raspberries 
that would be covered under the program; (e) ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
(f) ways to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Comments concerning the information collection requirements 
contained in this action should reference OMB No. 0581-NEW. In 
addition, the docket number, date, and page number of this issue of the 
Federal Register also should be referenced. Comments should be sent to 
the USDA Docket Clerk, Research and Promotion Branch, Fruit and 
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop 
0244, Room 0632-S, Washington, DC 20250-0244. Comments may also be sent 
by facsimile to (202) 205-2800 or electronically to https://www.regulations.gov. All comments received will be available for public 
inspection during regular business hours at the same address. Comments 
regarding information collection should also be sent to the Office of 
Management and Budget at: Desk Office for Agriculture, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, 725 17th Street, NW., Room 725, 
Washington, DC 20503.
    OMB is required to make a decision concerning the collection of 
information contained in this rule between 30 and 60 days after 
publication. Therefore, a comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication.

Background

    This rule proposes the implementation of a Processed Raspberry 
Promotion, Research, and Information Order (Proposed Order). The 
Department received the proposal for a new Order from the Washington 
Red Raspberry Commission (WRRC).
    The Proposed Order is authorized under the 1996 Act which 
authorizes the Department to establish agricultural commodity research 
and promotion orders which may include a combination of promotion, 
research, industry information, and consumer information activities 
funded by mandatory assessments. These programs are designed to 
maintain and expand market and uses for agricultural commodities. The 
Proposed Order would provide for the continued development and 
financing of a coordinated program of research, promotion, and 
information for processed raspberries.
    The 1996 Act provides for a number of optional provisions that 
allow the tailoring of orders for different commodities. Section 516 of 
the 1996 Act provides permissive terms for orders, and other sections 
provide for alternatives. For example, section 514 of the 1996 Act 
provides for orders applicable to (1) producers (if producers are 
subject to assessment), (2) first handlers and others in the marketing 
chain as appropriate, and (3) importers. Section 516 states that an 
order may include an exemption of de minimis quantities of an 
agricultural commodity; different payment and reporting schedules; 
coverage of research, promotion, and information activities to expand, 
improve, or make more efficient the marketing or use of an agricultural 
commodity in both domestic and foreign markets; provision for reserve 
funds; provision for credits for generic and branded activities; and 
assessment of imports.
    In addition, section 518 of the 1996 Act provides for referenda to 
ascertain approval of an order to be conducted either prior to its 
going into effect or within three years after assessments first begin 
under the order. An order also may provide for its approval in a 
referendum based upon different voting patterns. Section 515 provides 
for establishment of a board or council from among producers, first 
handlers and others in the marketing chain as appropriate, and 
importers, if imports are subject to assessment.
    This Proposed Order includes provisions for both domestic and 
foreign market expansion and improvement, reserve funds, credit for 
generic activities, and an initial referendum to be conducted prior to 
the Proposed Order going into effect. Approval would be determined by a 
majority of producers and importers voting for approval. Specific 
procedures to be followed in the referendum will be published in a 
separate Federal Register publication.
    In accordance with the 1996 Act, the Department would oversee the 
program's operations. In addition, the 1996 Act requires the Secretary 
to conduct subsequent referenda: (1) Not later than seven years after 
assessments first begin under the Proposed Order; or (2) at the request 
of the Council established under the Proposed Order; or (3) at the 
request of 10 percent or more of the number of persons eligible to 
vote. In addition to these criteria, the 1996 Act provides that the 
Secretary may conduct a referendum at any time to determine whether the 
continuation, suspension, or termination of an order or a provision of 
that order is favored by persons eligible to vote.
    The WRRC has requested that a referendum be conducted every five 
years to determine if producers and importers want the program to 
continue. However, the Department has increased the time period to 
seven years to make the Proposed Order consistent with other programs. 
In addition, the Proposed Order allows for the Secretary to conduct a 
subsequent referendum if 10 percent or more of all eligible producers 
of raspberries for processing and importers of processed raspberries 
request it; or if the Council requests a referendum to be held; or the 
Secretary may hold one at any time.
    A national research and promotion program for processed raspberries 
would help the industry to address the

[[Page 16274]]

many market problems it currently faces. According to the WRRC, three 
main factors currently affecting processed raspberry sales, both here 
in the domestic market and abroad, are increasing production, increased 
competition, and changing consumer habits.
    U.S. per capita consumption of processed raspberries has inched 
upward during the period 1991 to 2004, reaching a high of 0.3 pounds 
per person in 2003 and 2005. Over this period, consumption has ranged 
from 0.1 to 0.3 pounds per capita. This fluctuation is due to the 
effects of population growth, demographics of consumers, and the 
availability of substitute or competitive products. Profitability for 
producers of raspberries for processing depends on maintaining and 
increasing processed raspberry consumption. With crop value flat over 
this period, an organized market development program that grew market 
demand and increased per capita consumption could improve the farm gate 
value for all suppliers of processed raspberries. The WRRC believes a 
generic research and promotion program would provide an equitable 
manner for producers to share in the costs of product development, 
nutrition and marketing research, and processed raspberry promotion.
    According to the Department's Foreign Agricultural Service 
statistics, from 2002-2006, imports of processed raspberries have 
increased market share in the U.S. The statistics also suggests that 
the total market demand in the U.S. is continuing to grow, albeit at a 
rate slower than supply. The industry believes that the proposed 
processed raspberry program would increase demand, grow the market in 
the aggregate for all suppliers, and increase the value of processed 
raspberries at the grower level.
    The processed raspberry industry is facing strong competition in 
the marketplace from both indirect and direct competitors. Like all 
food products, processed raspberries must compete for a share of the 
consumer dollar. As competition in the supermarket increases, the 
processed raspberry industry must work harder to gain its share of 
consumer attention at a time when the industry's competitors expand 
their promotional activities.
    The WRRC was established in 1976 as a State-government entity 
authorized by a State marketing order which requires producers of all 
varieties of raspberries pay assessments to promote raspberry 
awareness, consumption, and to conduct research programs to study pest 
control and varietals development. There are over 40 different 
suppliers of raspberry products who make up the WRRC. These members pay 
the mandatory one-half cent per pound to fund promotion efforts 
directed to both consumer and industrial users.
    Similar to WRRC, Oregon also has a state raspberry commission, the 
Oregon Raspberry and Blackberry Commission (ORBC). The WRRC and ORBC 
both administer State marketing orders, which require all producers of 
raspberries to pay assessments to support the health of their 
respective industries. According to WRRC, the two commissions have 
developed a good working relationship with each other over the years. 
Both the WRRC and ORBC invest funds into research programs at their 
land grant universities and other research institutions to study 
disease, pest control, and varietal development. In addition to 
developing and funding production research, they also fund marketing 
and promotion programs and seek to foster education and communication 
between producers. However, according to the WRRC, WRRC, ORBC and 
international raspberry organizations have not been able to generate 
the funds necessary to support the marketing efforts needed to help 
expand processed raspberry consumption and increase the demand for 
processed raspberries. In order to manage increased production, 
increased competition, and changing consumer habits, the WRRC believes 
that a more extensive marketing program is needed. The WRRC and ORBC 
believe that a national research and promotion program would fund the 
promotional aspect necessary to stay competitive and would place all 
domestic producers and importers on an equal playing field with each 
investing a fair share in promoting processed raspberries. The Council 
may provide credits of assessments for those individuals who contribute 
to local, regional, or State organizations engaged in similar generic 
research, promotion, and information programs as applied to assessment 
due to the Council subject to approval of the Secretary, for 
expenditure on generic research, promotion and information programs 
conducted within the United States. If a national processed raspberry 
program is established, the WRRC and ORBC will continue to fund 
processed raspberry research in areas not likely to be the focus of the 
national program.
    In 2006, an informal strategic review was conducted by the WRRC and 
the Raspberry Industry Development Council, who