Agricultural Marketing Service 2005 – Federal Register Recent Federal Regulation Documents

Dried Prunes Produced in California; Decreased Assessment Rate
Document Number: 05-24544
Type: Rule
Date: 2005-12-29
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Prune Marketing Committee (committee) under Marketing Order No. 993 for the 2005-06 and subsequent crop years from $6.00 to $0.65 per ton of salable dried prunes. The committee locally administers the marketing order which regulates the handling of dried prunes grown in California. Authorization to assess dried prune handlers enables the committee to incur expenses that are reasonable and necessary to administer the program. The crop year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Milk in the Appalachian and Southeast Marketing Areas; Notice of Hearing on Proposed Amendments to Tentative Marketing Agreements and Orders
Document Number: 05-24543
Type: Proposed Rule
Date: 2005-12-28
Agency: Agricultural Marketing Service, Department of Agriculture
A public hearing is being held to consider proposals for the Appalachian and Southeast Federal milk orders to amend the current inter-market transportation credit provisions and to establish new intra-market transportation credit provisions. Evidence will be taken at the hearing to determine whether emergency marketing conditions exist that would warrant omission of a recommended decision under the rules of practice and procedure (7 CFR 900.12(d)).
Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Services
Document Number: 05-24338
Type: Rule
Date: 2005-12-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the regulations governing the inspection and certification for fresh fruits, vegetables and other products by increasing by approximately 15 percent certain fees charged for the inspection of these products at destination markets. These revisions are necessary in order to recover, as nearly as practicable, the costs of performing inspection services at destination markets under the Agricultural Marketing Act of 1946 (AMA of 1946). The fees charged to persons required to have inspection on imported commodities are in accordance with the Agricultural Marketing Agreement Act of 1937 and for imported peanuts under section 1308 of the Farm Security and Rural Investigation Act of 2002.
Fresh Bartlett Pears Grown in Oregon and Washington; Termination of Marketing Order No. 931
Document Number: 05-24487
Type: Rule
Date: 2005-12-27
Agency: Agricultural Marketing Service, Department of Agriculture
This rule terminates the marketing order for fresh Bartlett pears grown in Oregon and Washington, Marketing Order No. 931 (order), and the rules and regulations issued thereunder. On May 21, 2005, Marketing Order No. 927 was amended to include regulatory authority over Bartlett pears grown in Oregon and Washington, historically regulated by the order. That action anticipated the termination of Order No. 931. Thus, there is no need to continue the operation of the order.
USDA Farmers Market Operating Procedures
Document Number: 05-24427
Type: Rule
Date: 2005-12-23
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is publishing procedures to administer the U.S. Department of Agriculture (USDA) Farmers Market at 12th Street & Independence Avenue, SW., Washington, DC. These procedures allow AMS the means to demonstrate and experiment with direct marketing techniques (operate a farmers market), while at the same time educating consumers on the significance of small farms, the nutritional benefits of fresh fruits and vegetables, and the merits of food recovery. This final rule includes guidelines for the establishment of vendor criteria, selection procedures, and guidelines for governing the operation of the USDA Farmers Market. Also established is a one-time yearly submission information collection in a required application form.
Irish Potatoes Grown in Colorado; Relaxation of Handling Regulation for Area No. 2
Document Number: E5-7677
Type: Proposed Rule
Date: 2005-12-22
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on a relaxation of the minimum grade requirement for certain potatoes handled under the Colorado potato marketing order, Area No. 2. The Colorado Potato Administrative Committee, Area No. 2 (Committee), the agency responsible for local administration of the marketing order, recommended this rule as a replacement for a previously issued proposed rule. This rule would change the minimum grade from U.S. No. 1 to U.S. Commercial for varieties of long, red-skinned, yellow fleshed potatoes produced in Area No. 2 measuring from 1\1/2\ inch minimum diameter to 2\1/4\-inch maximum diameter (size B), and from 1-inch minimum diameter to 1\3/4\- inch maximum diameter. The proposed change is intended to provide potato handlers with more marketing flexibility, growers with increased returns, and consumers with a greater supply of small specialty potatoes.
Melons Grown in South Texas; Proposed Termination of Marketing Order 979
Document Number: 05-24339
Type: Proposed Rule
Date: 2005-12-22
Agency: Agricultural Marketing Service, Department of Agriculture
This rule proposes to terminate the Federal marketing order for melons grown in South Texas (order) and the rules and regulations issued thereunder. The order contains authority to regulate the handling of melons grown in South Texas and is administered locally by the South Texas Melon Committee (Committee). The Committee recommended terminating the order at a meeting on September 7, 2005. The Department of Agriculture (USDA) suspended regulations under the order while it considered the Committee's recommendation. This rule invites comments on proposed termination of the order.
Mushroom Promotion, Research, and Consumer Information Order; Section 610 Review
Document Number: E5-7336
Type: Proposed Rule
Date: 2005-12-14
Agency: Agricultural Marketing Service, Department of Agriculture
This document announces the Agricultural Marketing Service's (AMS) review of the Mushroom Promotion, Research, and Consumer Information Order (conducted under the Mushroom Promotion, Research, and Consumer Information Act), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).
Potato Research and Promotion Plan; Section 610 Review
Document Number: E5-7332
Type: Proposed Rule
Date: 2005-12-14
Agency: Agricultural Marketing Service, Department of Agriculture
This document announces the Agricultural Marketing Service's (AMS) review of the Potato Research and Promotion Plan (conducted under the Potato Research and Promotion Act), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA).
Milk in the Pacific Northwest and Arizona-Las Vegas Marketing Areas; Final Decision on Proposed Amendments to Marketing Agreement and to Orders
Document Number: 05-24024
Type: Proposed Rule
Date: 2005-12-14
Agency: Agricultural Marketing Service, Department of Agriculture
This document is the final decision proposing to adopt changes to provisions of the producer-handler definitions of the Pacific Northwest and Arizona-Las Vegas orders as contained in a Recommended Decision published in the Federal Register on April 13, 2005. This document is subject to approval by producers.
Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Changes to Container and Pack Requirements
Document Number: 05-23821
Type: Rule
Date: 2005-12-09
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that revised the container and pack requirements prescribed under the marketing order (order) covering oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. The order regulates the handling of such fruit and is administered locally by the Texas Valley Citrus Committee (Committee). This rule continues in effect the addition of eight new containers to the list of authorized containers for use by Texas citrus handlers, the removal of one obsolete container, and the grouping of all the requirements on authorized bags for easier reference. Other continued changes correct references to the U.S. grade standards for oranges and grapefruit grown in Texas. These changes are expected to help handlers compete more effectively in the marketplace, better meet the needs of buyers, and improve producer returns.
Milk in the Upper Midwest Marketing Area; Order Amending the Order
Document Number: 05-23820
Type: Rule
Date: 2005-12-09
Agency: Agricultural Marketing Service, Department of Agriculture
This document adopts as a final rule, without change, an interim final rule concerning pooling standards and transportation credit provisions of the Upper Midwest Federal milk order. More than the required number of producers for the Upper Midwest marketing area approved the issuance of the final order amendments.
Pears Grown in Oregon and Washington; Establishment of Continuing Assessment Rates and Modification of the Rules and Regulations
Document Number: 05-23819
Type: Proposed Rule
Date: 2005-12-09
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would establish continuing assessment rates for the Fresh Pear Committee and the Processed Pear Committee (Committees) for the 2005-2006 fiscal period and subsequent fiscal periods. The Committees recommended the establishment of three base rates of assessment for any or all varieties or subvarieties of pears classified as ``summer/fall'', ``winter'', and ``other'' for fresh pears and pears for processing, respectively. This rule would also modify handling and reporting requirements in conformance with the amendments made to the marketing order for pears grown in Oregon and Washington on May 21, 2005, and to reflect current pear industry operating practices under the marketing order. The order is locally administered by the Committees. Assessments upon pear handlers are used by the Committees to fund reasonable and necessary expenses of the program. The fiscal period began July 1 and ends June 30. The assessment rates would remain in effect indefinitely unless modified, suspended, or terminated.
Walnuts Grown in California; Increased Assessment Rate
Document Number: 05-23818
Type: Rule
Date: 2005-12-08
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Walnut Marketing Board (Board) for the 2005-06 and subsequent marketing years from $0.0094 to $0.0096 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Melons Grown in South Texas; Continued Suspension of Handling and Assessment Collection Regulations
Document Number: 05-23707
Type: Rule
Date: 2005-12-07
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule suspending the minimum grade, quality, maturity, container, pack, inspection, assessment collection, and other related requirements prescribed under the South Texas melon (cantaloupes and honeydews) marketing order (order). It also continues in effect a suspension of all reporting requirements under the order. The order regulates the handling of melons grown in South Texas and is administered locally by the South Texas Melon Committee (Committee). On September 7, 2005, the Committee recommended termination of the order. This rule continues to relieve handlers of regulatory requirements while the USDA evaluates the Committee's recommendation to terminate the order.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2005-2006 Marketing Year
Document Number: 05-23620
Type: Rule
Date: 2005-12-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule amends a prior interim final rule that increased the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2005- 2006 marketing year. The prior interim final rule increased the Scotch spearmint oil salable quantity from 677,409 pounds to 1,062,898 pounds, and the allotment percentage from 35 percent to 55 percent. In addition, the prior interim final rule increased the Native spearmint oil salable quantity from 867,958 pounds to 1,019,600 pounds, and the allotment percentage from 40 percent to 47 percent. This action does not affect the Scotch spearmint oil salable quantity and allotment percentage; however, it increases the Native spearmint oil salable quantity by an additional 151,855 pounds from 1,019,600 pounds to 1,171,455 pounds, and the allotment percentage by an additional 7 percent from 47 percent to 54 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.
Notice of Program Continuation
Document Number: E5-6787
Type: Notice
Date: 2005-12-02
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given for proposals for FY 2006 grant funds under the Federal-State Marketing Improvement Program (FSMIP). FSMIP anticipates that approximately $1.3 million will be available for support of this program in FY 2006. States interested in obtaining funds under the program are invited to submit proposals. While only State Departments of Agriculture or other appropriate State Agencies are eligible to apply for funds, State Agencies are encouraged to involve industry groups, academia, and community-based organizations in the development of proposals and the conduct of projects.
Soybean Promotion and Research Program; Section 610 Review
Document Number: E5-6786
Type: Proposed Rule
Date: 2005-12-02
Agency: Agricultural Marketing Service, Department of Agriculture
This action announces the Agricultural Marketing Service's (AMS) review of the Soybean Promotion and Research Program (conducted under the Soybean Promotion and Research Order), under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
Recommendations of Advisory Committee on Universal Cotton Standards
Document Number: E5-6781
Type: Notice
Date: 2005-12-02
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) held a meeting of the Universal Cotton Standards Advisory Committee in Memphis, Tennessee on June 9 and 10, 2005. This notice announces the Advisory Committee's recommendation to expand the Universal Cotton Standards Agreement to include Universal HVI Cotton Color Standards and to recognize the color tolerance for Rd and +b as defined by USDA Guidelines for HVI Testing. These guidelines can be obtained on the Internet from the USDA, AMS, Cotton Program's Web site at http://www.ams.usda.gov/cotton/cnpubs.htm.
Walnuts Grown in California; Suspension of Provision Regarding Eligibility of Walnut Marketing Board Members
Document Number: 05-23552
Type: Rule
Date: 2005-12-02
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule suspending the provision of the walnut marketing order (order) pertaining to eligibility of members to serve on the Walnut Marketing Board (Board). The order regulates the handling of walnuts grown in California, and the Board is responsible for local administration of the order. This action is an interim measure that addresses a change in industry structure affecting cooperative marketing association related positions. This allows the Board to continue to represent the industry's interests while the order is amended to reflect the change in industry structure. The Board unanimously recommended a suspension action by mail balloting in early July 2005.
Nectarines and Peaches Grown in California; Recommended Decision and Opportunity To File Written Exceptions To Proposed Amendments To Marketing Agreement Nos. 124 and 85 and Order Nos. 916 and 917
Document Number: 05-23327
Type: Proposed Rule
Date: 2005-11-29
Agency: Agricultural Marketing Service, Department of Agriculture
This recommended decision invites written exceptions on proposed amendments to Marketing Agreement Nos. 124 and 85 and Order Nos. 916 and 917 (orders), which regulate the handling of nectarines and peaches grown in California. The Nectarine Administrative Committee (NAC), the Peach Commodity Committee (PCC), and the Control Committee (part of M.O. No. 917) (Committees), which are responsible for local administration of orders 916 and 917, jointly proposed the amendments. The proposed amendments to order 917 only apply to peaches. The amendments included in this recommended decision would: Update definitions for ``handle'', ``grower'', and the commodities covered in both orders; add a definition for ``pure grower''; increase committee membership of the NAC from eight to thirteen members and modify sections of the order to conform to the increased membership; eliminate the Shippers Advisory Committee (order 916); allow the Control Committee under order 917 to be suspended if the provisions of one commodity are suspended and transfer applicable duties and responsibilities to the remaining Commodity Committee; and authorize interest and late payment charges on assessments paid late; and other related amendments. All of the proposals are intended to streamline and improve the administration, operation, and functioning of the orders.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 05-23328
Type: Notice
Date: 2005-11-28
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for and revision of a currently approved information collection for the Regulations Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products and the Certification of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products.
Milk in the Arizona-Las Vegas Marketing Area; Order Amending the Order
Document Number: 05-23253
Type: Rule
Date: 2005-11-25
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends regulations pertaining to the producer milk provision of the Arizona-Las Vegas Federal milk order. More than the required number of producers for the Arizona-Las Vegas marketing area approved the issuance of the final order amendments.
Tart Cherries Grown in the States of Michigan, et al.; Final Free and Restricted Percentages for the 2005-2006 Crop Year for Tart Cherries
Document Number: 05-22115
Type: Proposed Rule
Date: 2005-11-07
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on the establishment of final free and restricted percentages for the 2005-2006 crop year. The percentages are 58 percent free and 42 percent restricted and will establish the proportion of cherries from the 2005 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions. The percentages were recommended by the Cherry Industry Administrative Board (Board), the body that locally administers the marketing order. The marketing order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
Walnuts Grown in California; Increased Assessment Rate
Document Number: 05-22047
Type: Proposed Rule
Date: 2005-11-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rate established for the Walnut Marketing Board (Board) for the 2005-06 and subsequent fiscal periods from $0.0094 to $0.0096 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year began August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Domestic Dates Produced or Packed in Riverside County, CA; Increased Assessment Rate
Document Number: 05-22046
Type: Rule
Date: 2005-11-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Date Administrative Committee (committee) for the 2005-06 and subsequent crop years from $0.85 to $0.95 per hundredweight of dates handled. The committee locally administers the marketing order which regulates the handling of dates produced or packed in Riverside County, California. Assessments upon date handlers are used by the committee to fund reasonable and necessary expenses of the program. The committee recommended increasing the assessment rate because additional revenues are needed to fund program operations and build up its financial reserve to a more satisfactory level. The crop year began October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Regulations Governing the California Clingstone Peach (Tree Removal) Diversion Program
Document Number: 05-21978
Type: Rule
Date: 2005-11-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule provides procedures for a California Clingstone Peach Diversion Program. The program will be voluntary and consist entirely of tree removal. The program will be implemented under clause (3) of Section 32 of the Act of August 24, 1935, as amended. Based on 2003 and prior season acreage, production, supply, and marketing information for California clingstone peaches, this program is expected to bring the domestic canned peach supply more in line with the market and provide relief to growers faced with excess acreage and supplies, and with low prices. The program will ensure that removal is not part of the normal process of tree replacement.
Notice of Meeting of the National Organic Standards Board
Document Number: 05-22045
Type: Notice
Date: 2005-11-03
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS) is announcing a forthcoming meeting of the National Organic Standards Board (NOSB).
Pistachios Grown in California; Establishment of Procedures for Exempting Handlers From Minimum Quality Testing
Document Number: 05-21489
Type: Rule
Date: 2005-10-28
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that established procedures for exempting handlers from quality requirements, including maximum limits for quality defects and minimum size, prescribed under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). These procedures will be used by the committee in considering handler requests for exemptions from minimum quality testing requirements and when considering revocations of such exemptions. Additionally, this final rule continues in effect the establishment of an appeals process for handlers who have been denied an exemption or had an approved exemption revoked.
Pistachios Grown in California; Establishment of Additional Inspection Requirements
Document Number: 05-21167
Type: Rule
Date: 2005-10-21
Agency: Agricultural Marketing Service, Department of Agriculture
This rule establishes additional inspection requirements authorized under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). This rule modifies sampling procedures for dark-stained pistachios which are intended to be dyed or color-coated. It also establishes reinspection requirements for lots of pistachios which are materially changed after meeting initial aflatoxin and quality requirements. This action is expected to assure the quality of pistachios, improve the marketability of pistachios, and provide handlers more marketing flexibility. The benefits of this action are expected to offset the increased inspection costs.
National Organic Program (NOP); Amendment to the National List of Allowed and Prohibited Substances (Livestock)
Document Number: 05-21166
Type: Rule
Date: 2005-10-21
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect one recommendation submitted to the Secretary by the National Organic Standards Board (NOSB) on March 3, 2005. Consistent with the recommendation from the NOSB, this final rule revises the annotation of one substance on the National List, methionine, to extend its use in organic poultry production until October 21, 2008.
Hass Avocado Promotion, Research, and Information Order; Definition of “Substantial Activity”
Document Number: 05-21081
Type: Proposed Rule
Date: 2005-10-21
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) invites comments from producers, importers, first handlers and other interested persons on a possible change to the definition of ``substantial activity'' under the Hass Avocado Promotion, Research, and Information Order (Order). The definition relates to the eligibility of importers to serve on the Hass Avocado Board (Board).
Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Services
Document Number: 05-20961
Type: Proposed Rule
Date: 2005-10-20
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given that the comment period on the proposed Revision of Fees for the Fresh Fruit and Vegetable Terminal Market Inspection Service is reopened and extended. This action will allow interested persons additional time to prepare and submit comments.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 05-20861
Type: Notice
Date: 2005-10-18
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for and revision to a currently approved information collection for specified exempt import commodities.
United States Standards for Grades of Sweet Peppers
Document Number: 05-20860
Type: Notice
Date: 2005-10-18
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Sweet Peppers. The revision will allow sweet peppers to be marketed as mixed varieties and/or colors when marked with more than one variety or color on the container. The decay tolerance will be revised to include only those sweet peppers which are affected by decay on the wall and/or calyx. Decay affecting only stems will no longer fall under the restricted decay tolerance. It will be scored against the five percent serious damage tolerance for U.S. Fancy and U.S. No 1 grades and against the five percent restrictive tolerance for the U.S. No. 2 grade. The requirement to designate peppers which fail to meet the color requirements of their respective grades or respective (color specified) grade will be made optional. The ``Unclassified'' section will be deleted. The purpose for this revision is to update and revise the standards to accurately represent today's marketing practices.
Almonds Grown in California; Revision to Requirements Regarding Credit for Promotion and Advertising
Document Number: 05-20859
Type: Rule
Date: 2005-10-18
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule revising the requirements regarding credit for promotion and advertising activities under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). The order is funded through the collection of assessments from almond handlers. Under the order, handlers may receive credit towards their assessment obligation for certain expenditures for marketing promotion activities, including paid advertising. This rule continues in effect the action that revised the requirements regarding the activities for which handlers may receive such credit. The changes expand the credit allowed for certain promotional activities, and help to clarify and simplify the regulations.
Marketing Order Regulating the Handling of Pears Grown in Oregon and Washington; Control Committee Rules and Regulation
Document Number: 05-20531
Type: Rule
Date: 2005-10-13
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is adding provisions to the Code of Federal Regulations that include rules and regulations used in administering the marketing order regulating the handling of pears grown in Oregon and Washington. Inadvertently, SubpartControl Committee Rules and Regulations was removed in May 2005 when the marketing order was amended.
Hass Avocado Promotion, Research, and Information Order: Definition of “Substantial Activity”
Document Number: 05-20530
Type: Proposed Rule
Date: 2005-10-13
Agency: Agricultural Marketing Service, Department of Agriculture
This document withdraws a proposed rule published in the Federal Register March 18, 2003, which would have terminated the definition of ``substantial activity'' under the Hass Avocado Promotion, Research, and Information Order (Order). The proposed action was expected to increase the number of importers eligible to serve on the Hass Avocado Board (Board). Based on comments received and other available information, termination of the definition would not be appropriate at this time.
Avocados Grown in South Florida; Changes in Container and Reporting Requirements
Document Number: 05-20472
Type: Rule
Date: 2005-10-13
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule that changed the container and reporting requirements prescribed under the marketing order for avocados grown in South Florida. The marketing order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This rule continues in effect the action prohibiting the handling of fresh market avocados in 20 bushel plastic field bins to destinations inside the production area. This rule also continues in effect the action requiring that handlers provide, at the time of inspection, information regarding the number of avocados packed per container (count per container). These changes are expected to help reduce packing costs and facilitate the distribution of useful marketing information.
Milk in the Appalachian and Southeast Marketing Areas; Order Amending the Orders
Document Number: 05-20525
Type: Rule
Date: 2005-10-12
Agency: Agricultural Marketing Service, Department of Agriculture
This partial final rule amends the Appalachian and Southeast marketing orders. Specifically, the final rule expands the Appalachian milk marketing area, eliminates the ability to simultaneously pool the same milk on the Appalachian or Southeast order and on a State-operated milk order that has marketwide pooling, and amends the transportation credit provisions of the Southeast and Appalachian orders. The amendments are based on record evidence of a public hearing held February 2004. More than the required number of dairy farmers approved the issuance of the amended orders.
Quality Systems Verification Programs
Document Number: 05-20310
Type: Rule
Date: 2005-10-11
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is establishing a separate user-fee schedule for the Quality Systems Verification Programs (QSVP) and expanding the scope of the QSVP to include all agricultural products and services within the responsibility of the Livestock and Seed (LS) Program. A new part 62 is established for QSVP services. QVSP are a collection of voluntary, audit-based, user-fee programs authorized under the Agricultural Marketing Act of 1946. QSVP facilitate the global marketing and trade of agricultural products; provide consumers the opportunity to distinguish specific characteristics involved in the production and processing of agricultural products; and ensure that product consistently meets program requirements.
United States Standards for Grades of Dewberries and Blackberries
Document Number: 05-20095
Type: Notice
Date: 2005-10-06
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) published a notice soliciting comments on a proposal to revise the color requirements in the voluntary United States Standards for Grades of Dewberries and Blackberries. The Agency has decided not to proceed further with this action due to the comments and concerns received from the industry.
United States Standards for Grades of Fresh Asparagus
Document Number: 05-20091
Type: Notice
Date: 2005-10-06
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to revise the United States Standards for Grades of Fresh Asparagus. At a 2003 meeting of the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable grade standards for usefulness in serving the industry. As a result, AMS has noted the current U.S. Grade standards do not have provisions for grading purple or white asparagus. The proposed revision will allow purple or white asparagus to be certified to a U.S. grade.
Melons Grown in South Texas; Continued Suspension of Handling and Assessment Collection Regulations
Document Number: 05-20088
Type: Rule
Date: 2005-10-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule continues in effect indefinitely a suspension of the minimum grade, quality, maturity, container, pack, inspection, assessment collection, and other related requirements prescribed under the South Texas melon (cantaloupes and honeydews) marketing order (order). It also continues in effect a suspension of reporting requirements under the order. These requirements were initially suspended for the 2004-05 fiscal period to allow the South Texas melon industry to evaluate the need for the marketing order. This action also suspends one remaining reporting requirement in effect. The order regulates the handling of melons grown in South Texas and is administered locally by the South Texas Melon Committee (Committee). On September 7, 2005, the Committee recommended termination of the order. This rule will relieve handlers of regulatory requirements while the Department of Agriculture (USDA) evaluates the Committee's recommendation to terminate the order.
Milk in the Upper Midwest Marketing Area; Final Partial Decision on Proposed Amendments to Marketing Agreement and to Order
Document Number: 05-20017
Type: Proposed Rule
Date: 2005-10-05
Agency: Agricultural Marketing Service, Department of Agriculture
This document proposes to adopt as a final rule, order language contained in the interim final rule published in the Federal Register on June 1, 2005, concerning pooling standards and transportation credit provisions of the Upper Midwest (UMW) milk marketing order. This document also sets forth the final decision of the Department and is subject to approval by producers. A separate decision will be issued that will address proposals concerning pooling and repooling of milk, temporary loss of Grade A status, and increasing the maximum administrative assessment.
Amendment to the Beef Promotion and Research Rules and Regulations
Document Number: 05-20016
Type: Proposed Rule
Date: 2005-10-05
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would amend the Beef Promotion and Research Order (Order) established under the Beef Promotion and Research Act of 1985 (Act) to reduce assessment levels for imported beef and beef products based on revised determinations of live animal equivalencies and to update and expand the Harmonized Tariff System numbers and categories, which identify imported live cattle, beef, and beef products to conform with recent updates in the numbers and categories used by the U.S. Customs and Border Protection (USCBP).
Kiwifruit Grown in California; Increased Assessment Rate
Document Number: 05-19309
Type: Rule
Date: 2005-09-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate and changes the assessable unit established for the Kiwifruit Administrative Committee (Committee) for the 2005-06 and subsequent fiscal periods from $0.002 per pound of kiwifruit to $0.045 per 9-kilo volume-fill container or equivalent of kiwifruit. The Committee locally administers the marketing order which regulates the handling of kiwifruit grown in California. Assessments upon kiwifruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Extension of Comment Period on Changing Regulatory Periods
Document Number: 05-19328
Type: Proposed Rule
Date: 2005-09-27
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given that the comment period on proposed changes in the regulatory periods when minimum grade, size, quality, and maturity requirements apply to southeastern California grapes under Marketing Order No. 925 (order), and to imported grapes under the table grape import regulation is extended until November 28, 2005.
Update and Clarify a Shell Egg Grading Definition
Document Number: 05-19087
Type: Proposed Rule
Date: 2005-09-26
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) proposes to amend the regulations governing the voluntary shell egg grading program and the regulations governing the inspection of eggs. The proposed revision would revise the definition of washed ungraded eggs in each of the regulations. From time to time, sections in the regulations are affected by changes in egg production and processing technology. This rule updates the regulations to reflect these changes.
Milk in the Mideast Marketing Area; Interim Order Amending the Order
Document Number: 05-19086
Type: Rule
Date: 2005-09-26
Agency: Agricultural Marketing Service, Department of Agriculture
This order amends certain features of the pooling standards of the Mideast milk marketing order on an interim basis. More than the required number of producers in the Mideast marketing area have approved the issuance of the interim order as amended.