Agricultural Marketing Service 2009 – Federal Register Recent Federal Regulation Documents

Request for an Extension of and Revision to a Currently Approved Information Collection
Document Number: E9-30261
Type: Notice
Date: 2009-12-21
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 approval from the Office of Management and Budget (OMB), for an extension for and revision to a currently approved information collection for Federal Seed Act Labeling and Enforcement.
Request for an Extension of and Revision to a Currently Approved Information Collection
Document Number: E9-29800
Type: Notice
Date: 2009-12-15
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 approval from the Office of Management and Budget (OMB), for an extension of and revision to the currently approved information collection for the Seed Service Testing Program.
Notice of Funds Availability (NOFA) Inviting Applications for the Federal-State Marketing Improvement Program (FSMIP)
Document Number: E9-29462
Type: Notice
Date: 2009-12-15
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) announces the availability of approximately $1.3 million in competitive grant funds for fiscal year 2010, subject to final appropriation action by Congress, which would enable States to explore new market opportunities for U.S. food and agricultural products and to encourage research and innovation aimed at improving the efficiency and performance of the U.S. marketing system. Eligible applicants include State departments of agriculture, State agricultural experiment stations, and other appropriate State Agencies. Applicants are encouraged to involve industry groups, academia, community-based organizations, and other stakeholders in developing proposals and conducting projects. In accordance with the Paperwork Reduction Act of 1995, the information collection requirements have been previously approved by OMB under 0581-0240, Federal-State Marketing Improvement Program (FSMIP).
Vegetable Import Regulations; Modification of Potato Import Regulations
Document Number: E9-29023
Type: Rule
Date: 2009-12-10
Agency: Agricultural Marketing Service, Department of Agriculture
This rule modifies the import regulations for Irish potatoes by reducing the number of marketing order areas determined as being in the most direct competition with imported potatoes from five to three; exempting U.S. No. 1 grade potatoes imported in certain small containers from size requirements; and removing certain language from Marketing Orders No. 948 and 953 that reference the regulation of imported Irish potatoes. In addition, this rule makes minor administrative changes to the potato, onion, and tomato import regulations to update informational references. The modifications to the import regulations are expected to benefit potato importers and consumers.
Mango Promotion, Research and Information Order; Continuance Referendum
Document Number: E9-28925
Type: Proposed Rule
Date: 2009-12-07
Agency: Agricultural Marketing Service, Department of Agriculture
This notice directs that a referendum be conducted among eligible first handlers and importers of mangos to determine whether they favor continuance of the Mango Promotion, Research and Information Order (Order).
Potato Research and Promotion Plan; Assessment Increase
Document Number: E9-28924
Type: Rule
Date: 2009-12-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule amends the Potato Research and Promotion Plan (Plan) to increase the assessment rate on handlers and importers of potatoes from 2.5 cents to 3 cents per hundredweight. This increase is provided for under the Plan which is authorized by the Potato Research and Promotion Act (Act). The National Potato Promotion Board, which administers the Plan, recommended this action to sustain and expand their promotional, research, advertising and communications programs.
Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board
Document Number: E9-28729
Type: Rule
Date: 2009-12-01
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule adjusts the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was reapportioned in 2006. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership is reviewed every 3 years and adjustments are made accordingly. This change results in an increase in Board membership for Ohio, increasing the total number of Board members from 68 to 69. The change will be effective for the 2010 nomination and appointment process.
Results of Soybean Request for Referendum
Document Number: E9-28233
Type: Notice
Date: 2009-11-25
Agency: Agricultural Marketing Service, Department of Agriculture
The results of the Agricultural Marketing Service's (AMS) Request for Referendum indicate that too few soybean producers wanted a referendum on the Soybean Promotion and Research Order (Order) for one to be conducted. The Request for Referendum was conducted from May 4, 2009, through May 29, 2009, at the Department of Agriculture's (USDA) Farm Service Agency county offices. To trigger a referendum, 58,918 soybean producers needed to complete a Request for Referendum. The number of soybean producers requesting a referendum was 759.
Raisins Produced From Grapes Grown in California; Withdrawal of a Proposed Rule
Document Number: E9-28149
Type: Proposed Rule
Date: 2009-11-25
Agency: Agricultural Marketing Service, Department of Agriculture
This document withdraws a proposed rule published in the Federal Register on July 18, 2008, on use of an estimated trade demand figure to compute volume regulation percentages for 2008-09 Natural (sun-dried) Seedless (NS) raisins covered under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative Committee (Committee). The proposal provided parameters for implementing volume regulation for 2008-09 NS raisins, if supplies were short, for the purpose of maintaining the industry's export markets and stabilizing the domestic market. Since the 2008-09 NS crop was larger than anticipated, this action is no longer warranted. Therefore, the proposed rule is being withdrawn.
Notice of Request for Extension of a Currently Approved Information Collection
Document Number: E9-28154
Type: Notice
Date: 2009-11-24
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 of a currently approved information collection for Data Collection, Reporting and Recordkeeping Requirements Applicable to Cranberries Not Subject to the Cranberry Marketing Order, 7 CFR Part 926.
Domestic Dates Produced or Packed in Riverside County, CA; Changes to Nomination Procedures and a Reporting Date
Document Number: E9-28153
Type: Rule
Date: 2009-11-24
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the nomination procedures and changes a reporting date under the California date marketing order (order). The order regulates the handling of domestic dates produced or packed in Riverside County, California, and is administered locally by the California Date Administrative Committee (CDAC or Committee). This rule changes the method of polling for nominees to the Committee and the date on which CDAC Form 6 is due. These changes will assist in the administration of the order by updating and streamlining Committee program operations.
Onions Grown in South Texas; Decreased Assessment Rate
Document Number: E9-28144
Type: Rule
Date: 2009-11-24
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 decreased the assessment rate established for the South Texas Onion Committee (Committee) for the 2009-10 and subsequent fiscal periods from $0.03 to $0.025 per 50-pound equivalent of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in South Texas. The interim final rule was necessary to reduce the Committee's reserve fund to a desirable level.
Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2
Document Number: E9-28131
Type: Proposed Rule
Date: 2009-11-23
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on a modification of the minimum size requirement under the Colorado potato marketing order, Area No. 2. The marketing order regulates the handling of Irish potatoes grown in Colorado, and is administered locally by the Colorado Potato Administrative Committee for Area No. 2 (Committee). This proposed rule would change the minimum size requirement from 1\7/8\ inches in diameter to 2 inches in diameter or 4 ounces minimum weight for all long varieties of potatoes. This change would return the minimum size requirement to the standard that had been in place prior to the 2008-2009 season, when adverse weather conditions damaged the crop and resulted in the Committee recommending a temporary relaxation in the minimum size requirement.
United States Standards for Condition of Food Containers
Document Number: E9-27430
Type: Proposed Rule
Date: 2009-11-19
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) proposes to amend the regulations governing the United States (U.S.) Standards for Condition of Food Containers. AMS regularly reviews standards to determine if they meet current industry practices. Based on our most recent review, we believe that the U.S. Standards for Condition of Food Containers needs to be revised. The revisions are necessary in order to provide standards that reflect current industry practices. Revisions to the U.S. Standards for Condition of Food Containers include simplifying Tables I, I-A, II, II-A, III, III-A, and III-B for sampling plans for normal, tightened, and reduced condition of container inspection to reflect the type of sampling plan used (single or double). It also includes updating the Acceptable Quality Levels (AQLs), Tables IV Metal Containers, VGlass Containers, VIRigid and Semirigid Containers, VIIFlexible Containers (Plastic, Cello, Paper, Textile, etc.), and XDefects of Label, Marking, or Code (currently Table VIII) to incorporate new defects and updating current defects to include defects that would correspond to new packaging technologies such as aseptic packaging, metal cans with easy open lids, and plastic rings that hold several containers together. This revision also proposes adding new defect tables entitled Table VIIIUnitizing (Plastic or other type of casing/unitizing) and Table IXInterior Can Defects. Finally, removing the Operating Characteristic (OC) curves for on-line sampling and inspection. Other minor non-substantive changes are also proposed.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: E9-27230
Type: Notice
Date: 2009-11-13
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 Almonds Grown in California, M.O. No. 981.
Kiwifruit Grown in California; Recommended Decision and Opportunity To File Written Exceptions to Proposed Amendments to Marketing Order No. 920
Document Number: E9-27135
Type: Proposed Rule
Date: 2009-11-12
Agency: Agricultural Marketing Service, Department of Agriculture
This is a recommended decision regarding proposed amendments to Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. Four amendments were proposed by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. These proposed amendments would redefine the districts into which the production area is divided and reallocate committee membership positions among the districts, revise the committee nomination and selection procedures, authorize the committee to conduct research and promotion programs, and revise committee meeting and voting procedures. The proposals are intended to improve the operation and administration of the order. This recommended decision invites written exceptions on the proposed amendments.
Tomatoes Grown in Florida; Decreased Assessment Rate
Document Number: E9-26462
Type: Rule
Date: 2009-11-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Florida Tomato Committee (Committee) for the 2009-10 and subsequent fiscal periods from $0.0375 to $0.0275 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order, which regulates the handling of tomatoes grown in Florida. Assessments upon Florida tomato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Domestic Dates Produced or Packed in Riverside County, CA; Increased Assessment Rate
Document Number: E9-26369
Type: Rule
Date: 2009-11-03
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Date Administrative Committee (Committee) for the 2009-10 and subsequent crop years from $0.60 to $0.75 per hundredweight of dates handled. The Committee locally administers the marketing order which regulates the handling of dates grown 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 crop year begins October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Walnuts Grown in California; Increased Assessment Rate and Changes to Regulations Governing Reporting and Recordkeeping
Document Number: E9-26368
Type: Rule
Date: 2009-11-03
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Walnut Board (Board) for the 2009-10 and subsequent marketing years from $0.0131 to $0.0177 per kernelweight pound of assessable walnuts. This rule also changes reporting and recordkeeping regulations in conformance with amendments made on March 3, 2008, to the marketing order that regulates the handling of walnuts grown in California. The Board locally administers the marketing order. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year begins September 1 and ends August 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Pistachios Grown in California; Order Amending Marketing Order No. 983
Document Number: E9-26149
Type: Rule
Date: 2009-11-02
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the marketing agreement and order for pistachios (order). The amendments were proposed by the Administrative Committee for Pistachios (Committee), which is responsible for local administration of the order. The amendments will: Expand the production area covered under the order to include Arizona and New Mexico in addition to California; authorize the Committee to reimburse handlers for a portion of their inspection and certification costs in certain situations; authorize the Committee to recommend research projects; modify existing order authorities concerning aflatoxin and quality regulations; modify the authority for interhandler transfers of order obligations; redesignate several sections of the order; remove previously suspended order provisions, and make other related changes. The amendments are intended to improve the operation and functioning of the marketing order program.
Pistachios Grown in California; Changes to Handling Regulations
Document Number: E9-26148
Type: Rule
Date: 2009-11-02
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes the handling regulations prescribed under Marketing Agreement and Order No. 983 (order), which regulate the handling of pistachios grown in California, Arizona, and New Mexico. The changes were recommended by the Administrative Committee for Pistachios (committee), which is responsible for local administration of the order. The changes bring the handling regulations into conformance with amendments to the order by including certain regulatory language previously contained in the order's provisions in the order's administrative rules and regulations, lifting the suspension of certain language, removing obsolete language, and revising references to renumbered order provisions.
Changes in Hourly Fee Rates for Science and Technology Laboratory Services-Fiscal Years 2010-2012
Document Number: E9-25632
Type: Proposed Rule
Date: 2009-10-26
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) proposes changes in annual standard, appeal, overtime, and holiday hourly fee rates for fiscal years 2010-2012 for Science and Technology (S&T) Laboratory Services in order to recover anticipated laboratory program costs. The Agency is proposing to raise these rates to reflect, among other factors, national and locality pay increases for Federal employees and inflation, operating costs, instrumentation and training, equipment maintenance costs, and program and agency administrative overhead costs. This action also proposes miscellaneous changes for clarity.
Milk in the Northeast and Other Marketing Areas; Recommended Decision and Opportunity To File Written Exceptions on Proposed Amendments to Tentative Marketing Agreements and Orders
Document Number: E9-25292
Type: Proposed Rule
Date: 2009-10-21
Agency: Agricultural Marketing Service, Department of Agriculture
This decision recommends that the producer-handler definitions of all Federal milk marketing orders be amended to limit exemption from pooling and pricing provisions to those with total route disposition of fluid milk products of 3 million pounds or less per month. The exempt plant definition would continue to limit disposition of Class I milk products to 150,000 pounds or less per month.
Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
Document Number: E9-25121
Type: Rule
Date: 2009-10-19
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 Washington Apricot Marketing Committee (Committee) for the 2009-2010 and subsequent fiscal periods from $2.00 to $1.00 per ton of apricots handled. The Committee locally administers the marketing order, which regulates the handling of apricots grown in designated counties in Washington. The decreased assessment rate is necessary to align the Committee's expected revenue with its proposed 2009-2010 budget.
Pears Grown in Oregon and Washington; Increased Assessment Rate
Document Number: E9-24681
Type: Rule
Date: 2009-10-14
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Processed Pear Committee (PPC) for the 2009-2010 and subsequent fiscal periods from $6.25 to $8.41 per ton for ``summer/fall'' pears for canning. The PPC is responsible for local administration of the marketing order regulating the handling of pears for processing grown in Oregon and Washington. Assessments upon handlers of pears for processing are used by the PPC to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.
Walnuts Grown in California; Changes to Regulations Governing Voting Procedures
Document Number: E9-24299
Type: Proposed Rule
Date: 2009-10-09
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on revisions to the administrative regulations governing voting procedures for the California Walnut Board (Board). The Board locally administers the marketing order that regulates the handling of walnuts grown in California (order). This rule would specify the voting procedures to be used for expanded types of non-assembled meetings and remove voting by telegraph. This would enable the Board to conduct business using current communication methods, which would result in time and cost savings to the Board and its members.
Cotton Research and Promotion Program: Referendum Procedures
Document Number: E9-23831
Type: Rule
Date: 2009-10-05
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule establishes procedures which the Department of Agriculture (USDA) will use in conducting a referendum considering amendments to the Cotton Research and Promotion Order (7 CFR part 1205) (Order) implementing section 14202 of the Food, Conservation, and Energy Act of 2008, hereinafter the ``2008 Farm Bill.'' USDA is considering amendments to the Order in a separate action. Referenda among cotton producers and cotton importers are required by the Cotton Research and Promotion Act (Act) to implement, amend, continue, or when appropriate to suspend or terminate the Order or any of its provisions. The provisions of this rule would be used for all such referenda.
Cotton Research and Promotion Program: Designation of Cotton-Producing States; Secretary's Decision and Referendum Order on Proposed Amendments to the Cotton Research and Promotion Order
Document Number: E9-23778
Type: Proposed Rule
Date: 2009-10-05
Agency: Agricultural Marketing Service, Department of Agriculture
This is the Secretary's decision concerning amendments to the Cotton Research and Promotion Order (Cotton Order) and provides Upland cotton producers and importers with the opportunity to vote in a referendum to determine if they favor the changes. The amendments would implement section 14202 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) that amended the Cotton Research and Promotion Act (Cotton Act.) The 2008 Farm Bill provided that Kansas, Virginia, and Florida be separate states in the definition of ``cotton-producing state'' effective beginning with the 2008 crop of cotton. It has been determined that amendments need to be expedited and therefore a recommended decision is omitted.
Amendments to Mushroom Promotion, Research, and Consumer Information Order
Document Number: E9-23777
Type: Rule
Date: 2009-10-02
Agency: Agricultural Marketing Service, Department of Agriculture
This rule amends provisions of the Mushroom Promotion, Research, and Consumer Information Order (Order) to reapportion membership of the Mushroom Council (Council) to reflect shifts in United States mushroom production as well as to add language to the powers and duties section of the Order allowing the Council the power to develop and propose good agricultural and handling practices and related activities for mushrooms. Section 10104 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill) amended sections 1925(b)(2) and (c) of the Mushroom Promotion, Research, and Consumer Information Act of 1990 (Act). Specifically, section 10104 changed the Act's requirements for geographic regions used to appoint producer members of the Council from four to three, and adjusted the pounds required by each region for Council membership, which reallocated Council member representation in two of the three producer geographic regions (Regions 1 and 2). Section 10104 also added language to the powers and duties section of the Act that authorizes the Council to develop and propose good agricultural practices and related activities for mushrooms. A referendum was held among eligible mushroom producers and importers and they voted in favor of the amendments. Therefore, this rule amends changes to the Order based on the amendments to the Act.
Notice of 2009 National Organic Certification Cost-Share Program
Document Number: E9-23651
Type: Notice
Date: 2009-10-01
Agency: Agricultural Marketing Service, Department of Agriculture
This notice invites all States of the United States of America, its territories, the District of Columbia, and the Commonwealth of Puerto Rico, (collectively hereinafter called States) to submit an Application for Federal Assistance (Standard Form 424), and to enter into a cooperative agreement with the Agricultural Marketing Service (AMS) for the allocation of National Organic Certification Cost-Share Funds. The AMS has allocated $22.0 million for this organic certification cost-share program commencing in Fiscal Year 2008, and these funds will be annually allocated to States through cooperative agreements until exhausted. Funds are available under this program to States interested in providing cost-share assistance to organic producers and handlers certified under the National Organic Program (NOP). States interested in obtaining cost-share funds must submit an Application for Federal Assistance and enter into a cooperative agreement with AMS for allocation of funds.
Almonds Grown in California; Revision of Outgoing Quality Control Requirements
Document Number: E9-23648
Type: Rule
Date: 2009-10-01
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 outgoing quality control regulations issued under the California almond marketing order (order). The interim final rule revised the term ``validation'' under the Salmonella bacteria (Salmonella) treatment program by specifying that validation data must be both submitted to and accepted by the Almond Board of California's (Board) Technical Expert Review Panel (TERP) for all treatment equipment prior to its use under this program. The interim final rule was necessary to ensure that all treatment equipment meets a 4-log reduction of Salmonella in almonds.
Notice of Agricultural Management Assistance Organic Certification Cost-Share Program
Document Number: E9-23647
Type: Notice
Date: 2009-10-01
Agency: Agricultural Marketing Service, Department of Agriculture
This notice invites the following eligible States: Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia, and Wyoming, to submit an Application for Federal Assistance (Standard Form 424), and to enter into a Cooperative Agreement with the Agricultural Marketing Service (AMS) for the Allocation of Organic Certification Cost-Share Funds. The AMS has allocated $1.5 million for this organic certification cost-share program in Fiscal Year 2009. Funds are available under this program to 16 designated States to provide cost-share assistance to organic crop and livestock producers certified under the National Organic Program (NOP). Eligible States interested in obtaining cost-share funds for their organic producers will have to submit an Application for Federal Assistance, and enter into a cooperative agreement with AMS for allocation of funds.
Egg Research and Promotion Order; Referendum Procedures
Document Number: E9-23151
Type: Proposed Rule
Date: 2009-09-28
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would establish procedures which the USDA will use in conducting a referendum to determine whether egg producers favor increasing the assessment they pay to the American Egg Board (AEB) from a rate of 10 cents per 30-dozen case of commercial eggs to 15 cents per case. An amendment to increase the assessment rate in the Egg Research and Promotion Order will be implemented if it is approved by two-thirds of the egg producers voting in the referendum or by a majority of producers voting if they produced two-thirds of the eggs produced by all voters. These procedures would also be used for subsequent referenda. A proposed rule to increase the assessment rate is published separately in this issue of the Federal Register. AEB, which administers the Order, recommended this action to sustain and expand its national promotion, research, and consumer information program.
Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, OR; Increased Assessment Rate
Document Number: E9-23153
Type: Rule
Date: 2009-09-25
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Washington-Oregon Fresh Prune Marketing Committee (Committee) for the 2009-10 and subsequent fiscal periods from $1.00 to $2.00 per ton for fresh prunes. The Committee is responsible for local administration of the marketing order regulating the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon. Assessments upon handlers of fresh prunes are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order began April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended or terminated.
Nectarines and Peaches Grown in California; Decreased Assessment Rates
Document Number: E9-23152
Type: Rule
Date: 2009-09-25
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 decreased the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (Committees) for the 2009-10 and subsequent fiscal periods. The Nectarine Administrative Committee (NAC) program decreased its assessment rate from $0.06 to $0.0175 per 25- pound container or container equivalent of nectarines handled. The Peach Commodity Committee (PCC) program decreased its assessment rate from $0.06 to $0.0025 per 25-pound container or container equivalent of peaches handled. The Committees locally administer the marketing orders for nectarines and peaches grown in California (order). The interim final rule was necessary to align the Committees' expected revenue with decreases in its proposed budget for the 2009-10 fiscal period, which began March 1, 2009.
Amendment to Egg Research and Promotion Order and Regulations To Increase the Rate of Assessment
Document Number: E9-23150
Type: Proposed Rule
Date: 2009-09-25
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would amend the Egg Research and Promotion Order to increase the assessment rate on egg producers paying assessments to the American Egg Board (AEB) from 10 cents to 15 cents per 30-dozen case of commercial eggs, provided the increase is approved by egg producers voting in a referendum. This proposal would also make a conforming amendment to the regulations. AEB, which administers the Order, recommended this action to sustain and expand its national promotion, research, and consumer information program.
Leafy Green Vegetables Handled in the United States; Extension of Time for First Session of Hearing on Proposed Marketing Agreement No. 970
Document Number: E9-22992
Type: Proposed Rule
Date: 2009-09-23
Agency: Agricultural Marketing Service, Department of Agriculture
This notice announces that the scheduled hearing date for the Monterey, California session of a public hearing to consider a proposed marketing agreement for the handling of leafy green vegetables in the United States may be extended by one day, if deemed necessary by the presiding administrative law judge.
Onions Grown in South Texas; Change in Regulatory Period
Document Number: E9-22115
Type: Rule
Date: 2009-09-15
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 regulatory period during which minimum grade, size, quality, and maturity requirements are in effect for onions grown in South Texas under Marketing Order No. 959 (order). The interim final rule shortened the regulatory period from March 1 through July 15 to March 1 through June 4. The relaxation in the interim final rule was necessary to enable producers and handlers to compete more effectively in the marketplace.
Oranges, Grapefruit, Tangerines and Tangelos Grown in Florida and Imported Grapefruit; Relaxation of Size Requirements for Grapefruit
Document Number: E9-22114
Type: Rule
Date: 2009-09-15
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 relaxed the minimum size requirement for white seedless grapefruit prescribed under the marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order) and the grapefruit import regulation. The interim final rule relaxed the minimum size requirement for domestic and import shipments from 3 \9/16\ inches (size 48) to 3 \5/16\ inches (size 56). This change is expected to maximize fresh white seedless grapefruit shipments and provide greater flexibility to handlers and importers.
Domestic Dates Produced or Packed in Riverside County, CA; Changes to Nomination Procedures and a Reporting Date
Document Number: E9-22065
Type: Proposed Rule
Date: 2009-09-15
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on revisions to the nomination procedures and a change to a reporting date under the California date marketing order (order). The order regulates the handling of domestic dates produced or packed in Riverside County, California, and is administered locally by the California Date Administrative Committee (CDAC or committee). This rule would change the method of polling for nominees to the committee and the date on which CDAC Form 6 is due. These changes are expected to assist in the administration of the order by updating and streamlining committee program operations.
Dried Prunes Produced in California; Decreased Assessment Rate
Document Number: E9-21658
Type: Rule
Date: 2009-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
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.
Kiwifruit Grown in California; Change in Reporting Requirements
Document Number: E9-21657
Type: Rule
Date: 2009-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
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 marketing decisions throughout the season.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Order Amending Marketing Order No. 905
Document Number: E9-21656
Type: Rule
Date: 2009-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida. The amendments were proposed by the Citrus Administrative Committee (committee), which is responsible for local administration of the order. The amendments will modify committee representation by cooperative entities; allow substitute alternates to temporarily represent absent members at committee meetings; authorize the committee to conduct meetings by telephone or other means of communication; and authorize the committee to conduct research and promotion programs, including paid advertising, for fresh Florida citrus. The amendments are intended to improve the operation and administration of the order and provide the industry with additional tools for the marketing of fresh citrus.
Request for New Information Collection
Document Number: E9-21655
Type: Notice
Date: 2009-09-09
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 approval for an information collection for the AMS Survey of Marketing Order Online System (MOLS) Users, the automated FV-6 form used by importers and receivers for exempt imported fruits, vegetables and specialty crops.
Notice of Meeting of the National Organic Standards Board
Document Number: E9-21610
Type: Notice
Date: 2009-09-09
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).
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon and Imported Irish Potatoes; Relaxation of Size Requirements
Document Number: E9-21354
Type: Rule
Date: 2009-09-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule relaxes the size requirements for potatoes handled under the marketing order for Idaho-Eastern Oregon potatoes and for long type potatoes imported into the United States. This rule revises the size requirements to allow: Creamer size (\3/4\ inch to 1\5/8\ inches diameter) for all varieties of potatoes to be handled if the potatoes otherwise meet U.S. No. 1 grade; and round type potatoes to be handled without regard to size so long as the size is specified on the container in connection with the grade. The changes are intended to improve the handling and marketing of Idaho-Eastern Oregon potatoes and increase returns to producers. The changes would also allow the importation of Creamer size long type potatoes under regulations as authorized by section 8e of the Agricultural Marketing Agreement Act of 1937.
Vegetables, Import Regulations; Partial Exemption to the Minimum Grade Requirements for Fresh Tomatoes
Document Number: E9-21353
Type: Rule
Date: 2009-09-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule provides a partial exemption to the minimum grade requirements under the tomato import regulation. The Florida Tomato Committee (Committee), which locally administers the marketing order for tomatoes grown in Florida (order), recommended the change for Florida tomatoes. The order's administrative rules and regulations were recently revised to exempt Vintage RipesTM tomatoes (Vintage RipesTM) from the shape requirements associated with the U.S. No. 2 grade. A corresponding change to the import regulation is required under section 8e of the Agricultural Marketing Agreement Act of 1937. This rule provides the same partial exemption for Vintage RipesTM under the import regulation so it conforms to the regulations under the order.
Pistachios Grown in California; Changes to Handling Regulations
Document Number: E9-21352
Type: Proposed Rule
Date: 2009-09-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on changes to the handling regulations prescribed under Marketing Agreement and Order No. 983 (order), which regulates the handling of pistachios. The changes were recommended by the Administrative Committee for Pistachios (committee), which is responsible for local administration of the order. The changes would bring the current handling regulations into conformance with proposed amendments to the order by including certain regulatory language currently contained in the order's provisions in the order's administrative rules and regulations, lifting the suspension of certain language, removing obsolete language, and revising references to renumbered order provisions.
Leafy Green Vegetables Handled in the United States; Hearing on Proposed Marketing Agreement No. 970
Document Number: E9-21295
Type: Proposed Rule
Date: 2009-09-03
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given of a public hearing to consider a proposed marketing agreement under the Agricultural Marketing Agreement Act of 1937 to cover the handling of leafy green vegetables and products in the United States. The proposal was submitted by a cross- section of producer and handler representatives from the fresh produce industry, collectively referred to as the ``proponent group.'' The proposed agreement would authorize the development and implementation of production and handling regulations (metrics). Such metrics would reflect Good Agricultural Practices, Good Handling Practices, and Good Manufacturing Practices. The proposal would be voluntary in that only handlers who sign the marketing agreement would be subject to the requirements of the marketing agreement. Signatory handlers could only handle leafy green vegetables or product from the production area or imported that meets the requirements of the program. The program would be financed by assessments on first handlers of leafy green vegetables for the fresh market and would be administered by a twenty-three member committee, the majority of whom would be growers and handlers nominated by the industry and appointed by the Department of Agriculture (USDA).
Walnuts Grown in California; Increased Assessment Rate and Changes to Regulations Governing Reporting and Recordkeeping
Document Number: E9-20770
Type: Proposed Rule
Date: 2009-08-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rate established for the California Walnut Board (Board) for the 2009-10 and subsequent marketing years from $0.0131 to $0.0177 per kernelweight pound of assessable walnuts. This rule would also change reporting and recordkeeping regulations in conformance with amendments made on March 3, 2008, to the marketing order that regulates the handling of walnuts grown in California. The Board locally administers the marketing order. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year begins September 1 and ends August 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.