Kiwifruit Grown in California; Change in Reporting Requirements, 46306-46310 [E9-21657]
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
(3) In the absence of a signed
marketing agreement, the issuance of
this amendatory order is the only
practical means pursuant to the
declared policy of the Act of advancing
the interests of producers of oranges,
grapefruit, tangerines, and tangelos in
the production area.
Order Relative to Handling of Oranges,
Grapefruit, Tangerines, and Tangelos
Grown in Florida
It is therefore ordered, That on and
after the effective date hereof, all
handling of oranges, grapefruit,
tangerines, and tangelos grown in
Florida shall be in conformity to, and in
compliance with, the terms and
conditions of the said order as hereby
amended as follows:
The provisions of the proposed order
further amending the order contained in
the Secretary’s Decision issued by the
Administrator on April 6, 2009, and
published in the Federal Register on
April 13, 2009 (74 FR 16798), shall be
and are the terms and provisions of this
order amending the order and set forth
in full herein.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
For the reasons set forth in the
preamble, Title 7, Chapter IX of the
Code of Federal Regulations is amended
by amending part 905 to read as follows:
■
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND TANGELOS
GROWN IN FLORIDA
1. The authority citation for 7 CFR
part 905 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Amend § 905.22 by revising
paragraphs (a)(2) and (b)(2) to read as
follows:
■
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§ 905.22
Nominations.
(a) * * *
(2) Each nominee shall be a producer
in the district from which he or she is
nominated. In voting for nominees, each
producer shall be entitled to cast one
vote for each nominee in each of the
districts in which he or she is a
producer. At least two of the nominees
and their alternates so nominated shall
be affiliated with a bona fide
cooperative marketing organization.
(b) * * *
(2) Nomination of at least two
members and their alternates shall be
made by bona fide cooperative
marketing organizations which are
handlers. Nominations for not more
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than six members and their alternates
shall be made by handlers who are not
so affiliated. In voting for nominees,
each handler or his or her authorized
representative shall be entitled to cast
one vote, which shall be weighted by
the volume of fruit by such handler
during the then current fiscal period.
■ 3. Revise § 905.23 to read as follows:
§ 905.23
Selection.
(a) From the nominations made
pursuant to § 905.22(a) or from other
qualified persons, the Secretary shall
select one member and one alternate
member to represent District 2 and two
members and two alternate members
each to represent Districts 1, 3, 4, and
5 or such other number of members and
alternate members from each district as
may be prescribed pursuant to § 905.14.
At least two such members and their
alternates shall be affiliated with bona
fide cooperative marketing
organizations.
(b) From the nominations made
pursuant to § 905.22(b) or from other
qualified persons, the Secretary shall
select at least two members and their
alternates to represent bona fide
cooperative marketing organizations
which are handlers, and the remaining
members and their alternates to
represent handlers who are not so
affiliated.
■ 4. In § 905.29, redesignate paragraph
(b) as paragraph (c), and add a new
paragraph (b) to read as follows:
§ 905.29
Inability of members to serve.
*
*
*
*
*
(b) If both a member and his or her
respective alternate are unable to attend
a committee meeting, such member may
designate another alternate to act in his
or her place in order to obtain a quorum:
Provided, That such alternate member
represents the same group affiliation as
the absent member. If the member is
unable to designate such an alternate,
the committee members present may
designate such alternate.
*
*
*
*
*
■ 5. Revise paragraph (c) of § 905.34 to
read as follows:
§ 905.34
Procedure of committees.
*
*
*
*
*
(c) The committee may provide for
meeting by telephone, telegraph, or
other means of communication, and any
vote cast at such a meeting shall be
promptly confirmed in writing:
Provided, That if any assembled meeting
is held, all votes shall be cast in person.
*
*
*
*
*
■ 6. Add a new § 905.54 to read as
follows:
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§ 905.54 Marketing, research and
development.
The committee may, with the
approval of the Secretary, establish, or
provide for the establishment of,
projects including production research,
marketing research and development
projects, and marketing promotion
including paid advertising, designed to
assist, improve, or promote the
marketing, distribution, and
consumption or efficient production of
fruit. The expenses of such projects
shall be paid by funds collected
pursuant to § 905.41. Upon conclusion
of each project, but at least annually, the
committee shall summarize the program
status and accomplishments to its
members and the Secretary. A similar
report to the committee shall be
required of any contracting party on any
project carried out under this section.
Also, for each project, the contracting
party shall be required to maintain
records of money received and
expenditures, and such shall be
available to the committee and the
Secretary.
Dated: September 2, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. E9–21656 Filed 9–8–09; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Doc. No. AMS–FV–08–0017; FV08–920–2
FR]
Kiwifruit Grown in California; Change
in Reporting Requirements
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Final rule.
SUMMARY: This rule changes the
reporting requirements currently
prescribed under the marketing order
that regulates the handling of kiwifruit
grown in California. The order is
administered locally by the Kiwifruit
Administrative Committee (Committee).
This rule requires handlers who ship
100,000 or more trays per season to file
weekly shipment and price information
with the Committee. Shipments of
organic kiwifruit are exempt from this
requirement. The Committee will use
this information to prepare its marketing
policy statements and annual reports
and to provide timely information to the
industry to assist them in making
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
marketing decisions throughout the
season.
DATES: Effective Date: September 10,
2009.
FOR FURTHER INFORMATION CONTACT:
Debbie Wray, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or e-mail:
Debbie.Wray@ams.usda.gov or Kurt.
Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or e-mail:
Jay.Guerber@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final
rule is issued under Marketing Order
No. 920 as amended (7 CFR part 920),
regulating the handling of kiwifruit
grown in California, hereinafter referred
to as the ‘‘order.’’ The order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended
(7 U.S.C. 601–674), hereinafter referred
to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This final rule adds a new reporting
requirement and form to those currently
specified in the order’s administrative
rules and regulations. This change will
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allow the Committee to collect weekly
shipment and price information from
kiwifruit handlers who ship 100,000 or
more trays per season. Under this
regulation, handlers will not be required
to provide weekly shipment and price
information on shipments of organic
kiwifruit. The information collected will
be used by the Committee to prepare its
marketing policy statement as required
under the order. The information will
also be used to generate timely reports
for the industry as a whole to use in
making marketing decisions throughout
the season. This rule was recommended
by the Committee at its meetings on
September 6, 2007; January 30, 2008;
and April 22, 2008.
Section 920.34 of the order requires
the Committee to prepare an annual
report for presentation to the Secretary
and the industry. The annual report
provides a cumulative review of
industry statistics as well as information
about program activities and
expenditures. Section 920.50 of the
order requires the Committee to prepare
an annual marketing policy report for
submission to the Secretary. The
marketing policy describes expected
kiwifruit production, quality, and
marketing conditions. Along with other
pertinent information, the marketing
policy provides the basis for the
recommendation of appropriate
kiwifruit handling regulations for the
upcoming season. Section 920.60 of the
order authorizes the Committee to
require handlers to file reports and
provide other information as may be
necessary for the Committee to perform
these duties. The provisions of
§ 920.60(c) require that handlers
maintain copies of all kiwifruit receipts
and disposals for at least two
succeeding fiscal years to verify their
shipping reports.
The Committee’s current reporting
requirements are specified in § 920.160
of the order’s administrative rules and
regulations. This section includes
requirements that handlers submit
shipment reports and the Kiwifruit
Inventory Shipping System (KISS) form,
which consists of three reports: KISS/
Add Inventory, KISS/Deduct Inventory,
and KISS/Shipment.
Handlers who ship fewer than 10,000
trays per season are only required to file
the shipment report twice per year and
are not required to file the KISS form.
Handlers who ship 10,000 trays or more
per season are required to file the
shipment report monthly and all three
sections of the KISS form monthly or
semi-monthly during certain months.
The Committee provides forms to assist
handlers with supplying the required
information.
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Kiwifruit shipments generally begin
in September and continue through
July. The Committee requires handlers
who ship 10,000 trays or more to file
their initial shipment reports by the fifth
day of the month following the month
in which their first shipments are made.
This report is used to track shipments
by type, weight, and destination.
The Committee has established
November 5 as the deadline for filing
the initial KISS reports. Subsequent
reports are to be filed on the fifth day
of each month throughout the season,
with biweekly reports required for the
months of December, January, and
February. The KISS/Shipment report is
used to report shipments by fruit size
and pack type. The KISS/Add Inventory
and KISS/Deduct Inventory reports are
used to report changes in inventory.
This final rule revises § 920.160 by
adding a new reporting requirement and
form. Under the new regulation,
handlers who ship 100,000 tray
equivalents or more per season will be
required to submit weekly shipment and
price data on the new KISS Price/
Shipment report form. The information
collected on the KISS Price/Shipment
report will include data on gross f.o.b.
sales and the total number of containers
shipped by pack, fruit size, grade, and
market destination. Handlers submitting
the KISS Price/Shipment report will no
longer be required to submit the existing
shipment report or KISS/Shipment
report as that information will be
collected on the new KISS Price/
Shipment report. However, handlers
submitting the KISS Price/Shipment
report will still be responsible for filing
the KISS/Add Inventory and KISS/
Deduct Inventory reports.
The Committee recommended the
100,000 tray threshold because handlers
shipping 100,000 trays or more account
for approximately 90% of the
production area’s total shipments in a
season. Committee members believe that
information on such shipments will
provide a sufficiently broad picture of
ongoing marketing conditions.
Information about the volume of
kiwifruit in the current channels of
commerce will be compiled by the
Committee and reported to the industry.
The Committee believes that such
information provided throughout the
season will benefit the industry as a
whole when making marketing
decisions.
While information from handlers with
total shipments of fewer than 100,000
trays each season might not be
significant on a weekly basis, such
information will continue to be
collected from those handlers on the
other existing shipment and KISS
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
reports and will be used to generate the
Committee’s marketing policy
statements and annual reports.
The previous reporting requirements
made no provisions for collecting
information on kiwifruit prices. The
Committee believes that the industry as
a whole will benefit from receiving
gross f.o.b. sales information that will be
collected by the Committee each week
and used to generate timely industry
reports. In the past, the Committee has
used information from other sources to
prepare their mandatory reports and
provide updates to the industry, but
Committee members feel that
information from such sources no longer
meets their needs. For example, one
voluntary industry organization collects
and reports weekly price information
from participating handlers. Some
industry members have found this
information helpful in making
marketing decisions in the past.
However, Committee members report
that the number of participating
handlers has declined and that the
information collected from the
remaining participants may not provide
as complete a picture of ongoing
marketing conditions as the Committee
would like. The Committee believes that
compiling sales information from all
large-volume kiwifruit handlers in the
production area will be more reflective
of—and will be of greater benefit to—the
industry as a whole.
There can be significant differences in
the price of kiwifruit throughout the
season, including great fluctuations in
prices from week to week. The
Committee believes that having accurate
and timely sales information will help
to reduce these price fluctuations and
promote orderly marketing, resulting in
increased grower returns.
Under the change, handlers will not
be required to report shipments of
organically-produced (organic) kiwifruit
on the new KISS Price/Shipment report.
There are only a small number of
handlers who handle organic kiwifruit,
representing a small percentage of total
shipments. Organic kiwifruit has its
own unique marketing conditions with
a pricing structure that differs from that
of conventionally-produced
(conventional) kiwifruit. Therefore, the
Committee recommended that
shipments of organic kiwifruit should
be exempt from the new reporting
requirements. However, organic
kiwifruit shipments will continue to be
reported as required on the appropriate
existing Committee forms.
Kiwifruit handlers who ship between
10,000 and 100,000 trays or tray
equivalents will continue to report by
submitting monthly shipping reports
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and the existing KISS forms, including
the KISS/Shipment reports. The
reporting requirements for handlers
shipping fewer than 10,000 tray
equivalents will also remain the same.
Also, the reporting exemption for
minimum quantities of kiwifruit
handled under certain conditions
specified in § 920.110(b) will remain
unchanged.
For the new KISS Price/Shipment
report, the shipping week will be
defined as Sunday through Saturday.
Reports for each shipping week will be
due no later than 5:00 p.m. (the close of
business) on Tuesday of the following
week to insure timely processing of
current shipment and price information.
Handlers will begin reporting following
the first week of the season in which
they have shipments. In weeks when no
shipments are made, each handler will
still be required to file a report
indicating that no shipments were made
during the reporting period. This will
continue until the handler files a final
report for the season. The new reporting
form will have a space for handlers to
indicate when they are filing their final
reports of the season. The price data and
shipping information received from all
affected handlers will be compiled by
the Committee and presented to the
industry throughout the season in the
form of general reports. At the end of
each year, the information collected will
be summarized and used to prepare the
Committee’s annual reports and
marketing policy statements.
This rule also makes a correction to
§ 920.160(b). A final rule published in
the Federal Register on December 10,
1996 [61 FR 64959], made changes to
§ 920.160(b) and inadvertently removed
part of the section. Specifically, the last
sentence of § 920.160(b), which
specifies the frequency with which the
KISS reports shall be filed as well as
what information shall be included, was
removed. This rule restores the language
that was inadvertently removed.
Section 8e of the Act provides that
when certain domestically produced
commodities, including kiwifruit, are
regulated under a Federal marketing
order, imports of that commodity must
meet the same or comparable grade,
size, quality, and maturity requirements.
This rule only changes the reporting
requirements under the domestic
handling regulations. No changes to the
import regulations will be made.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (5 U.S.C.
601–612) (RFA), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
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action on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
Small agricultural service firms are
defined by the Small Business
Administration (SBA) (13 CFR 121.201)
as those having annual receipts of less
than $7,000,000, and small agricultural
producers are defined as those having
annual receipts of less than $750,000.
Based on Committee data, there are
approximately 30 handlers of kiwifruit
subject to regulation under the
marketing order and approximately 220
kiwifruit growers in the production
area. According to information provided
by the Committee, approximately three
handlers handle only organic kiwifruit,
and four handle both conventional and
organic kiwifruit.
The National Agricultural Statistical
Service (NASS) reported total California
kiwifruit production for the 2008–09
season at 23,000 tons with an average
price of $888 per ton. Based on the
average price and shipment information
provided by the NASS and the
Committee, it could be concluded that
the majority of kiwifruit handlers would
be considered small businesses under
the SBA definition. In addition, based
on kiwifruit production and price
information, as well as the total number
of California kiwifruit growers, the
average annual grower revenue is less
than $750,000. Thus, the majority of
California kiwifruit producers may also
be classified as small entities.
This final rule changes the reporting
requirements currently prescribed under
the order. This rule adds a new
reporting requirement and form to the
reporting requirements, which will
allow the Committee to collect weekly
shipment and price information from
kiwifruit handlers who ship 100,000 or
more trays per season. Handlers will not
be required to report information on
shipments of organic kiwifruit on this
new form but will continue to report
shipments of organic kiwifruit on
existing Committee forms. This change
will help the Committee develop its
annual reports and marketing policy
statements as required under the order
and will enable the Committee to
provide timely information to the
industry as a whole to assist with
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
marketing decisions. This rule revises
§ 920.160, which specifies the reporting
requirements. In addition to the new
shipping and price information
collection, this rule restores a portion of
§ 920.160(b) that was inadvertently
removed from the regulation during a
previous rulemaking action. Authority
for the collection of shipment and other
information is provided in § 920.60 of
the order.
Requiring shipment and price reports
on a weekly basis will impose an
additional reporting burden on handlers
who handle 100,000 or more tray
equivalents of kiwifruit. However, this
data is already being recorded and
maintained by most handlers as a
routine part of their business.
Consequently, any additional costs
associated with this change are expected
to be minimal. Also, the benefits of
having timely information regarding
shipments and price are expected to
outweigh any costs associated with the
increase in reporting burden. While this
change will impose an additional
reporting burden on those handlers
required to submit the KISS Price/
Shipment report, those handlers will no
longer be required to submit the
shipment report or the KISS/Shipment
report, which will offset somewhat the
increase in burden. Further, the benefits
of this rule are expected to be equally
available to all industry members,
regardless of their size.
The Committee discussed alternatives
to this action, including making no
changes to the reporting requirements.
However, the Committee believes that
collecting weekly shipment and price
data will provide valuable information
to the industry. The Committee also
considered using weekly sales
information collected by other entities.
However, the Committee believes
including the information collection
under the order’s rules and regulations
will make the reports they generate
more accurate and more reflective of the
marketing conditions throughout the
industry. Therefore, both alternatives
were rejected.
This final rule establishes a new
reporting requirement. This action also
requires a new Committee form, the
KISS Price/Shipment report. Therefore,
this final rule will impose an additional
reporting burden on handlers who
handle 100,000 tray equivalents or more
of kiwifruit. The new form has been
submitted to the Office of Management
and Budget (OMB) under OMB No.
0581–NEW. Upon approval of this new
form by OMB, it will be merged with the
forms currently approved for use under
OMB No. 0581–0189, Generic OMB
Fruit Crops.
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As with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. USDA has not
identified any relevant Federal rules
that duplicate, overlap or conflict with
this rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Further, the Committee’s meetings
were widely publicized throughout the
kiwifruit industry and all interested
persons were invited to attend the
meetings and participate in Committee
deliberations on all issues. Like all
Committee meetings, the September 6,
2007; January 30, 2008; and April 22,
2008; meetings were public meetings
and all entities, both large and small,
were able to express views on this issue.
A proposed rule concerning this
action was published in the Federal
Register on June 4, 2009 (74 FR 26806).
A notice of the rule was published in
the Committee’s electronic newsletter
that is distributed to all kiwifruit
handlers. Also, the rule was made
available through the Internet by USDA
and the Office of the Federal Register. A
60-day comment period, ending August
3, 2009, was provided for interested
persons to submit comments on this
proposed rule, including the regulatory
and informational impacts of this action
on small businesses. No comments were
received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov
/AMSv1/ams.fetchTemplateData.do?
template=TemplateN&page=Marketing
OrdersSmallBusinessGuide. Any
questions about the compliance guide
should be sent to Jay Guerber at the
previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
matters presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the act.
It is further found that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register (5
U.S.C. 553) because the Committee
requires time to prepare and mail
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handler report packets, which should
include the new KISS Price/Shipment
Report form, prior to the beginning of
shipments for the 2009–10 crop year. In
addition, handlers are aware of this rule,
which was recommended at Committee
meetings on September 6, 2007; January
30, 2008; and April 22, 2008. Also, a 60day comment period was provided in
the proposed rule.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, 7 CFR part 920 is amended as
follows:
PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 920 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
§ 920.160
[Amended]
2. § 920.160 is amended by revising
the first sentence of paragraph (a),
revising paragraph (b), and adding
paragraphs (d) and (e) to read as follows:
■
§ 920.160
Reports.
(a) When requested by the Kiwifruit
Administrative Committee, each shipper
who ships kiwifruit, except as provided
in paragraph (e) of this section, shall
furnish a report of shipment and
inventory data to the committee no later
than the fifth day of the month
following such shipment, or such other
later time established by the committee:
Provided, That each shipper who ships
less than 10,000 trays, or the equivalent
thereof, per fiscal year and has qualified
with the committee shall furnish such
report of shipment and inventory data to
the committee twice per fiscal year.
* * *
(b) Kiwifruit Inventory Shipping
System (KISS) form. Each handler,
except such handlers that ship less than
10,000 trays, or the equivalent thereof,
per season and have qualified with the
committee, shall file with the committee
the initial Kiwifruit Inventory Shipment
System (KISS) form, which consists of
three sections ‘‘KISS/Add Inventory,’’
‘‘KISS/Deduct Inventory,’’ and ‘‘KISS/
Shipment,’’ on or before November 5th,
or such other later time as the
committee may establish. Subsequent
KISS forms, including all three sections,
shall be filed with the committee by the
fifth day and again by the twentieth day
of each calendar month, or such other
later time as the committee may
establish, and will contain the following
information:
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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
(1) The beginning inventory of the
handler by size and container type;
(2) The quantity of fruit the handler
lost in repack and repacked into other
container types;
(3) The total domestic and export
shipments of the handler by size and
container type; and
(4) Any other adjustments which
increase or decrease posted handler
inventory.
*
*
*
*
*
(d) KISS Price/Shipment report. Each
handler who ships 100,000 or more
trays, or the equivalent thereof, per
season, shall file the KISS Price/
Shipment report with the committee.
Handlers are not required to report
organic kiwifruit shipments on this
report. The handler shall file the report
weekly following the first week he or
she makes shipments and shall continue
filing reports until he or she submits a
final report for the season. Each such
report shall be filed with the committee
no later than 5:00 p.m. (the close of
business) on the Tuesday immediately
following the shipping week. For the
purpose of this subsection, the shipping
week is defined as Sunday through
Saturday. The report shall show:
(1) The company name, contact
person, and phone number of the
handler;
(2) Weekly period covered by the
report;
(3) Total fresh market shipments and
gross f.o.b. sales of kiwifruit by pack
style and size; and
(4) Total fresh market shipments and
gross f.o.b. sales to export markets by
pack style and size.
(e) Handlers who file the KISS Price/
Shipment report specified in paragraph
(d) of this section are exempt from filing
the shipping report specified in
paragraph (a) of this section and the
KISS/Shipment report specified in
paragraph (b) of this section.
Dated: September 2, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. E9–21657 Filed 9–8–09; 8:45 am]
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Jkt 217001
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Doc. No. AMS–FV–09–0048; FV09–993–1
IFR]
Dried Prunes Produced in California;
Decreased Assessment Rate
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
SUMMARY: This rule decreases the
assessment rate established for the
Prune Marketing Committee
(Committee) for the 2009–10 and
subsequent crop years from $0.30 to
$0.16 per ton of salable dried prunes.
The Committee locally administers the
marketing order that regulates the
handling of dried prunes in California.
Assessments upon dried prune handlers
are used by the Committee to fund
reasonable and necessary expenses of
the program. The crop year begins
August 1 and ends July 31. The
assessment rate will remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Effective September 10, 2009.
Comments received by November 9,
2009, will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. Comments should
reference the docket number and the
date and page number of this issue of
the Federal Register and will be
available for public inspection in the
Office of the Docket Clerk during regular
business hours, or can be viewed at:
https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be available for public inspection in
the Office of the Docket Clerk during
regular business hours, or can be viewed
at the Web site referenced above.
FOR FURTHER INFORMATION CONTACT:
Debbie Wray, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
5901, Fax: (559) 487–5906, or e-mail:
Debbie.Wray@ams.usda.gov, or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@ams.usda.gov.
This rule
is issued under Marketing Agreement
No. 110 and Marketing Order No. 993,
both as amended (7 CFR part 993),
regulating the handling of dried prunes
grown in California, hereinafter referred
to as the ‘‘order.’’ The marketing
agreement and order are effective under
the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601–
674), hereinafter referred to as the
‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, California dried prune
handlers are subject to assessments.
Funds to administer the order are
derived from such assessments. It is
intended that the assessment rate as
issued herein will be applicable to all
assessable dried prunes beginning on
August 1, 2009, and continue until
amended, suspended, or terminated.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This rule decreases the assessment
rate established for the Committee for
the 2009–10 and subsequent crop years
SUPPLEMENTARY INFORMATION:
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46306-46310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21657]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Doc. No. AMS-FV-08-0017; FV08-920-2 FR]
Kiwifruit Grown in California; Change in Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule changes the reporting requirements currently
prescribed under the marketing order that regulates the handling of
kiwifruit grown in California. The order is administered locally by the
Kiwifruit Administrative Committee (Committee). This rule requires
handlers who ship 100,000 or more trays per season to file weekly
shipment and price information with the Committee. Shipments of organic
kiwifruit are exempt from this requirement. The Committee will use this
information to prepare its marketing policy statements and annual
reports and to provide timely information to the industry to assist
them in making
[[Page 46307]]
marketing decisions throughout the season.
DATES: Effective Date: September 10, 2009.
FOR FURTHER INFORMATION CONTACT: Debbie Wray, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or e-mail:
Debbie.Wray@ams.usda.gov or Kurt.Kimmel@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202)
720-2491, Fax: (202) 720-8938, or e-mail: Jay.Guerber@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Order No. 920 as amended (7 CFR part 920), regulating the handling of
kiwifruit grown in California, hereinafter referred to as the
``order.'' The order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This final rule adds a new reporting requirement and form to those
currently specified in the order's administrative rules and
regulations. This change will allow the Committee to collect weekly
shipment and price information from kiwifruit handlers who ship 100,000
or more trays per season. Under this regulation, handlers will not be
required to provide weekly shipment and price information on shipments
of organic kiwifruit. The information collected will be used by the
Committee to prepare its marketing policy statement as required under
the order. The information will also be used to generate timely reports
for the industry as a whole to use in making marketing decisions
throughout the season. This rule was recommended by the Committee at
its meetings on September 6, 2007; January 30, 2008; and April 22,
2008.
Section 920.34 of the order requires the Committee to prepare an
annual report for presentation to the Secretary and the industry. The
annual report provides a cumulative review of industry statistics as
well as information about program activities and expenditures. Section
920.50 of the order requires the Committee to prepare an annual
marketing policy report for submission to the Secretary. The marketing
policy describes expected kiwifruit production, quality, and marketing
conditions. Along with other pertinent information, the marketing
policy provides the basis for the recommendation of appropriate
kiwifruit handling regulations for the upcoming season. Section 920.60
of the order authorizes the Committee to require handlers to file
reports and provide other information as may be necessary for the
Committee to perform these duties. The provisions of Sec. 920.60(c)
require that handlers maintain copies of all kiwifruit receipts and
disposals for at least two succeeding fiscal years to verify their
shipping reports.
The Committee's current reporting requirements are specified in
Sec. 920.160 of the order's administrative rules and regulations. This
section includes requirements that handlers submit shipment reports and
the Kiwifruit Inventory Shipping System (KISS) form, which consists of
three reports: KISS/Add Inventory, KISS/Deduct Inventory, and KISS/
Shipment.
Handlers who ship fewer than 10,000 trays per season are only
required to file the shipment report twice per year and are not
required to file the KISS form. Handlers who ship 10,000 trays or more
per season are required to file the shipment report monthly and all
three sections of the KISS form monthly or semi-monthly during certain
months. The Committee provides forms to assist handlers with supplying
the required information.
Kiwifruit shipments generally begin in September and continue
through July. The Committee requires handlers who ship 10,000 trays or
more to file their initial shipment reports by the fifth day of the
month following the month in which their first shipments are made. This
report is used to track shipments by type, weight, and destination.
The Committee has established November 5 as the deadline for filing
the initial KISS reports. Subsequent reports are to be filed on the
fifth day of each month throughout the season, with biweekly reports
required for the months of December, January, and February. The KISS/
Shipment report is used to report shipments by fruit size and pack
type. The KISS/Add Inventory and KISS/Deduct Inventory reports are used
to report changes in inventory.
This final rule revises Sec. 920.160 by adding a new reporting
requirement and form. Under the new regulation, handlers who ship
100,000 tray equivalents or more per season will be required to submit
weekly shipment and price data on the new KISS Price/Shipment report
form. The information collected on the KISS Price/Shipment report will
include data on gross f.o.b. sales and the total number of containers
shipped by pack, fruit size, grade, and market destination. Handlers
submitting the KISS Price/Shipment report will no longer be required to
submit the existing shipment report or KISS/Shipment report as that
information will be collected on the new KISS Price/Shipment report.
However, handlers submitting the KISS Price/Shipment report will still
be responsible for filing the KISS/Add Inventory and KISS/Deduct
Inventory reports.
The Committee recommended the 100,000 tray threshold because
handlers shipping 100,000 trays or more account for approximately 90%
of the production area's total shipments in a season. Committee members
believe that information on such shipments will provide a sufficiently
broad picture of ongoing marketing conditions. Information about the
volume of kiwifruit in the current channels of commerce will be
compiled by the Committee and reported to the industry. The Committee
believes that such information provided throughout the season will
benefit the industry as a whole when making marketing decisions.
While information from handlers with total shipments of fewer than
100,000 trays each season might not be significant on a weekly basis,
such information will continue to be collected from those handlers on
the other existing shipment and KISS
[[Page 46308]]
reports and will be used to generate the Committee's marketing policy
statements and annual reports.
The previous reporting requirements made no provisions for
collecting information on kiwifruit prices. The Committee believes that
the industry as a whole will benefit from receiving gross f.o.b. sales
information that will be collected by the Committee each week and used
to generate timely industry reports. In the past, the Committee has
used information from other sources to prepare their mandatory reports
and provide updates to the industry, but Committee members feel that
information from such sources no longer meets their needs. For example,
one voluntary industry organization collects and reports weekly price
information from participating handlers. Some industry members have
found this information helpful in making marketing decisions in the
past. However, Committee members report that the number of
participating handlers has declined and that the information collected
from the remaining participants may not provide as complete a picture
of ongoing marketing conditions as the Committee would like. The
Committee believes that compiling sales information from all large-
volume kiwifruit handlers in the production area will be more
reflective of--and will be of greater benefit to--the industry as a
whole.
There can be significant differences in the price of kiwifruit
throughout the season, including great fluctuations in prices from week
to week. The Committee believes that having accurate and timely sales
information will help to reduce these price fluctuations and promote
orderly marketing, resulting in increased grower returns.
Under the change, handlers will not be required to report shipments
of organically-produced (organic) kiwifruit on the new KISS Price/
Shipment report. There are only a small number of handlers who handle
organic kiwifruit, representing a small percentage of total shipments.
Organic kiwifruit has its own unique marketing conditions with a
pricing structure that differs from that of conventionally-produced
(conventional) kiwifruit. Therefore, the Committee recommended that
shipments of organic kiwifruit should be exempt from the new reporting
requirements. However, organic kiwifruit shipments will continue to be
reported as required on the appropriate existing Committee forms.
Kiwifruit handlers who ship between 10,000 and 100,000 trays or
tray equivalents will continue to report by submitting monthly shipping
reports and the existing KISS forms, including the KISS/Shipment
reports. The reporting requirements for handlers shipping fewer than
10,000 tray equivalents will also remain the same. Also, the reporting
exemption for minimum quantities of kiwifruit handled under certain
conditions specified in Sec. 920.110(b) will remain unchanged.
For the new KISS Price/Shipment report, the shipping week will be
defined as Sunday through Saturday. Reports for each shipping week will
be due no later than 5:00 p.m. (the close of business) on Tuesday of
the following week to insure timely processing of current shipment and
price information. Handlers will begin reporting following the first
week of the season in which they have shipments. In weeks when no
shipments are made, each handler will still be required to file a
report indicating that no shipments were made during the reporting
period. This will continue until the handler files a final report for
the season. The new reporting form will have a space for handlers to
indicate when they are filing their final reports of the season. The
price data and shipping information received from all affected handlers
will be compiled by the Committee and presented to the industry
throughout the season in the form of general reports. At the end of
each year, the information collected will be summarized and used to
prepare the Committee's annual reports and marketing policy statements.
This rule also makes a correction to Sec. 920.160(b). A final rule
published in the Federal Register on December 10, 1996 [61 FR 64959],
made changes to Sec. 920.160(b) and inadvertently removed part of the
section. Specifically, the last sentence of Sec. 920.160(b), which
specifies the frequency with which the KISS reports shall be filed as
well as what information shall be included, was removed. This rule
restores the language that was inadvertently removed.
Section 8e of the Act provides that when certain domestically
produced commodities, including kiwifruit, are regulated under a
Federal marketing order, imports of that commodity must meet the same
or comparable grade, size, quality, and maturity requirements. This
rule only changes the reporting requirements under the domestic
handling regulations. No changes to the import regulations will be
made.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (5 U.S.C. 601-612) (RFA), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf.
Small agricultural service firms are defined by the Small Business
Administration (SBA) (13 CFR 121.201) as those having annual receipts
of less than $7,000,000, and small agricultural producers are defined
as those having annual receipts of less than $750,000.
Based on Committee data, there are approximately 30 handlers of
kiwifruit subject to regulation under the marketing order and
approximately 220 kiwifruit growers in the production area. According
to information provided by the Committee, approximately three handlers
handle only organic kiwifruit, and four handle both conventional and
organic kiwifruit.
The National Agricultural Statistical Service (NASS) reported total
California kiwifruit production for the 2008-09 season at 23,000 tons
with an average price of $888 per ton. Based on the average price and
shipment information provided by the NASS and the Committee, it could
be concluded that the majority of kiwifruit handlers would be
considered small businesses under the SBA definition. In addition,
based on kiwifruit production and price information, as well as the
total number of California kiwifruit growers, the average annual grower
revenue is less than $750,000. Thus, the majority of California
kiwifruit producers may also be classified as small entities.
This final rule changes the reporting requirements currently
prescribed under the order. This rule adds a new reporting requirement
and form to the reporting requirements, which will allow the Committee
to collect weekly shipment and price information from kiwifruit
handlers who ship 100,000 or more trays per season. Handlers will not
be required to report information on shipments of organic kiwifruit on
this new form but will continue to report shipments of organic
kiwifruit on existing Committee forms. This change will help the
Committee develop its annual reports and marketing policy statements as
required under the order and will enable the Committee to provide
timely information to the industry as a whole to assist with
[[Page 46309]]
marketing decisions. This rule revises Sec. 920.160, which specifies
the reporting requirements. In addition to the new shipping and price
information collection, this rule restores a portion of Sec.
920.160(b) that was inadvertently removed from the regulation during a
previous rulemaking action. Authority for the collection of shipment
and other information is provided in Sec. 920.60 of the order.
Requiring shipment and price reports on a weekly basis will impose
an additional reporting burden on handlers who handle 100,000 or more
tray equivalents of kiwifruit. However, this data is already being
recorded and maintained by most handlers as a routine part of their
business. Consequently, any additional costs associated with this
change are expected to be minimal. Also, the benefits of having timely
information regarding shipments and price are expected to outweigh any
costs associated with the increase in reporting burden. While this
change will impose an additional reporting burden on those handlers
required to submit the KISS Price/Shipment report, those handlers will
no longer be required to submit the shipment report or the KISS/
Shipment report, which will offset somewhat the increase in burden.
Further, the benefits of this rule are expected to be equally available
to all industry members, regardless of their size.
The Committee discussed alternatives to this action, including
making no changes to the reporting requirements. However, the Committee
believes that collecting weekly shipment and price data will provide
valuable information to the industry. The Committee also considered
using weekly sales information collected by other entities. However,
the Committee believes including the information collection under the
order's rules and regulations will make the reports they generate more
accurate and more reflective of the marketing conditions throughout the
industry. Therefore, both alternatives were rejected.
This final rule establishes a new reporting requirement. This
action also requires a new Committee form, the KISS Price/Shipment
report. Therefore, this final rule will impose an additional reporting
burden on handlers who handle 100,000 tray equivalents or more of
kiwifruit. The new form has been submitted to the Office of Management
and Budget (OMB) under OMB No. 0581-NEW. Upon approval of this new form
by OMB, it will be merged with the forms currently approved for use
under OMB No. 0581-0189, Generic OMB Fruit Crops.
As with all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. USDA has not
identified any relevant Federal rules that duplicate, overlap or
conflict with this rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
Further, the Committee's meetings were widely publicized throughout
the kiwifruit industry and all interested persons were invited to
attend the meetings and participate in Committee deliberations on all
issues. Like all Committee meetings, the September 6, 2007; January 30,
2008; and April 22, 2008; meetings were public meetings and all
entities, both large and small, were able to express views on this
issue.
A proposed rule concerning this action was published in the Federal
Register on June 4, 2009 (74 FR 26806). A notice of the rule was
published in the Committee's electronic newsletter that is distributed
to all kiwifruit handlers. Also, the rule was made available through
the Internet by USDA and the Office of the Federal Register. A 60-day
comment period, ending August 3, 2009, was provided for interested
persons to submit comments on this proposed rule, including the
regulatory and informational impacts of this action on small
businesses. No comments were received.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/AMSv1/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to
Jay Guerber at the previously mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant matters presented, including
the information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the act.
It is further found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553) because the Committee requires time to
prepare and mail handler report packets, which should include the new
KISS Price/Shipment Report form, prior to the beginning of shipments
for the 2009-10 crop year. In addition, handlers are aware of this
rule, which was recommended at Committee meetings on September 6, 2007;
January 30, 2008; and April 22, 2008. Also, a 60-day comment period was
provided in the proposed rule.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 920 is amended as
follows:
PART 920--KIWIFRUIT GROWN IN CALIFORNIA
0
1. The authority citation for 7 CFR part 920 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 920.160 [Amended]
0
2. Sec. 920.160 is amended by revising the first sentence of paragraph
(a), revising paragraph (b), and adding paragraphs (d) and (e) to read
as follows:
Sec. 920.160 Reports.
(a) When requested by the Kiwifruit Administrative Committee, each
shipper who ships kiwifruit, except as provided in paragraph (e) of
this section, shall furnish a report of shipment and inventory data to
the committee no later than the fifth day of the month following such
shipment, or such other later time established by the committee:
Provided, That each shipper who ships less than 10,000 trays, or the
equivalent thereof, per fiscal year and has qualified with the
committee shall furnish such report of shipment and inventory data to
the committee twice per fiscal year. * * *
(b) Kiwifruit Inventory Shipping System (KISS) form. Each handler,
except such handlers that ship less than 10,000 trays, or the
equivalent thereof, per season and have qualified with the committee,
shall file with the committee the initial Kiwifruit Inventory Shipment
System (KISS) form, which consists of three sections ``KISS/Add
Inventory,'' ``KISS/Deduct Inventory,'' and ``KISS/Shipment,'' on or
before November 5th, or such other later time as the committee may
establish. Subsequent KISS forms, including all three sections, shall
be filed with the committee by the fifth day and again by the twentieth
day of each calendar month, or such other later time as the committee
may establish, and will contain the following information:
[[Page 46310]]
(1) The beginning inventory of the handler by size and container
type;
(2) The quantity of fruit the handler lost in repack and repacked
into other container types;
(3) The total domestic and export shipments of the handler by size
and container type; and
(4) Any other adjustments which increase or decrease posted handler
inventory.
* * * * *
(d) KISS Price/Shipment report. Each handler who ships 100,000 or
more trays, or the equivalent thereof, per season, shall file the KISS
Price/Shipment report with the committee. Handlers are not required to
report organic kiwifruit shipments on this report. The handler shall
file the report weekly following the first week he or she makes
shipments and shall continue filing reports until he or she submits a
final report for the season. Each such report shall be filed with the
committee no later than 5:00 p.m. (the close of business) on the
Tuesday immediately following the shipping week. For the purpose of
this subsection, the shipping week is defined as Sunday through
Saturday. The report shall show:
(1) The company name, contact person, and phone number of the
handler;
(2) Weekly period covered by the report;
(3) Total fresh market shipments and gross f.o.b. sales of
kiwifruit by pack style and size; and
(4) Total fresh market shipments and gross f.o.b. sales to export
markets by pack style and size.
(e) Handlers who file the KISS Price/Shipment report specified in
paragraph (d) of this section are exempt from filing the shipping
report specified in paragraph (a) of this section and the KISS/Shipment
report specified in paragraph (b) of this section.
Dated: September 2, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-21657 Filed 9-8-09; 8:45 am]
BILLING CODE 3410-02-P