Agricultural Marketing Service 2010 – Federal Register Recent Federal Regulation Documents

Solicitation of Applications for the Federal-State Marketing Improvement Program (FSMIP)
Document Number: 2010-32263
Type: Notice
Date: 2010-12-23
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) announces a solicitation of applications for competitive grant funds for fiscal year (FY) 2011, 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). Historically, Congress has appropriated funding for this program. This notice is being issued prior to passage of a FY 2011 Appropriations Act, which may or may not provide an appropriation for this program, to allow applicants sufficient time to leverage financing, submit applications, and give AMS time to process applications within the current fiscal year.
Tobacco Report: Notice of Request for Extension of a Currently Approved Information Collection
Document Number: 2010-31922
Type: Notice
Date: 2010-12-21
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, for an extension of the currently approved information collection for Tobacco Report (OMB No. 0581-0004).
Poultry Programs; Notice of Request for an Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-31921
Type: Notice
Date: 2010-12-21
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-20), this notice announces the intention of the Agricultural Marketing Service (AMS) to request an extension for and revision to a currently approved information collection in support of the Regulations Governing the Voluntary Grading of Shell Eggs.
Federal Seed Act Regulations
Document Number: 2010-31573
Type: Proposed Rule
Date: 2010-12-17
Agency: Agricultural Marketing Service, Department of Agriculture
AMS is proposing to revise the Federal Seed Act (FSA) regulations. The changes would amend the list of prohibited noxious- weed seeds to reflect the recent addition of four species, deletion of two species, and nomenclature change of four species listed in the Federal Noxious Weed Act (FNWA); update the seed labeling regulations; update the seed testing regulations; update the noxious-weed seed tolerances; update the seed certification regulations; and correct several minor errors, including updating the nomenclature of kinds regulated under the FSA. The list of noxious-weed seeds would be amended to help prevent the spread of these highly destructive weeds. Updating the labeling regulations and noxious-weed seed tolerances would prevent potential conflicts with State regulations, reflect currently used terms, and reflect current industry practices. Updating the seed testing and seed certification regulations would incorporate the latest in seed testing and seed certification knowledge and prevent potential conflicts with State regulations.
Privacy Act of 1974: New System of Records
Document Number: 2010-31400
Type: Notice
Date: 2010-12-15
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Privacy Act of 1974, as amended, the Agricultural Marketing Service (AMS) proposes to add a system of records to its inventory of records systems. The system of record will cover information collected under Research and Promotion programs in AMS. This notice is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of record systems maintained by the agency. Although the Privacy Act requires only that the portion of the system that describes ``routine uses'' of the system be published for comment, we invite comment on all portions of this notice. AMS Research and Promotion branches and its components and offices have relied on preexisting Privacy Act system of records notices for the collection and maintenance of records that pertain to research and promotion program management.
Irish Potatoes Grown in Washington; Temporary Change to the Handling Regulations and Reporting Requirements
Document Number: 2010-31202
Type: Rule
Date: 2010-12-14
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, with changes, the provisions of an interim rule that suspended, for the 2010-2011 season only, the minimum quality, maturity, pack, marking, and inspection requirements currently prescribed for russet potato varieties under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule continues in effect the action that suspended regulation for russet potatoes for the 2010-2011 season and established temporary reporting requirements for russet potato handlers during the suspension. These changes are needed to reduce overall industry expenses and increase net returns to producers and handlers while allowing the industry to explore alternative marketing strategies. Changes to the interim rule clarify that assessment reports are required for russet potatoes handled beginning on July 24, 2010, and restore regulatory text that was inadvertently deleted from the regulation when the interim rule was published.
Plant Variety Protection Board; Reestablishment of the Plant Variety Protection Board
Document Number: 2010-31219
Type: Notice
Date: 2010-12-13
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App.), this notice announces that the Secretary of Agriculture intends to reestablish the Plant Variety Protection Board.
Notice of Request for Extension of a Currently Approved Information Collection
Document Number: 2010-31203
Type: Notice
Date: 2010-12-13
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 approval from the Office of Management and Budget, for an extension of the currently approved information collection for OMB 0581-0229 Form TM-28, USDA Farmers Market Application. Copies of this one-time yearly application form to participate in the U.S. Department of Agriculture (USDA) Farmers Market at 12th Street and Independence Avenue, SW., Washington, DC may be obtained by calling the AMS Marketing Services Branch contact listed.
Nectarines, Pears, and Peaches Grown in California; Continuance Referenda
Document Number: 2010-31201
Type: Proposed Rule
Date: 2010-12-13
Agency: Agricultural Marketing Service, Department of Agriculture
This document directs that referenda be conducted among eligible California nectarine, pear, and peach growers to determine whether they favor continuance of the marketing orders regulating the handling of nectarines, pears, and peaches grown in California.
Tart Cherries Grown in the States of Michigan, et al.;
Document Number: 2010-31198
Type: Proposed Rule
Date: 2010-12-13
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on the establishment of final free and restricted percentages for the 2010-2011 crop year. The percentages are 58 percent free and 42 percent restricted and will establish the proportion of cherries from the 2010 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.
Regulations Issued Under the Export Grape and Plum Act; Revision to the Minimum Requirements
Document Number: 2010-31197
Type: Proposed Rule
Date: 2010-12-13
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on proposed revisions to the requirements under the Export Grape and Plum Act. The proposed action would change the minimum bunch weight requirement for grapes exported to Japan, Europe, and Greenland from one-half pound to one-quarter pound. This rule would also update the list of European countries defined in the regulation and remove the additional 2 percent tolerance for sealed berry cracks on the Exotic grape variety. This action was recommended by the California Grape and Tree Fruit League (League).
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing)
Document Number: 2010-31196
Type: Rule
Date: 2010-12-13
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 enact six recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) from November 30, 2007, and May 22, 2008. This final rule adds aqueous potassium silicate and sodium carbonate peroxyhydrate, along with any restrictive annotations, for use in organic crop production, and adds gellan gum, fortified cooking wineMarsala, fortified cooking wine sherry, and tragacanth gum, along with any restrictive annotations, for use in organic handling. This final rule also removes the listing for glycerine oleate (glycerol monooleate) as the use exemption for this substance as a synthetic inert ingredient in organic crop production expired on December 31, 2006.
Notice of Request for Extension and Revision of a Currently Approved Information Collection for Regulations Governing Inspection and Certification of Processed Fruits and Vegetables and Related Products
Document Number: 2010-30535
Type: Notice
Date: 2010-12-07
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 intention of the Agricultural Marketing Service (AMS) to request an extension and revision of a currently approved information collection that will combine a number of forms issued under inspection and grading services under the Agricultural Marketing Act of 1946 and section 8e of the Agricultural Marketing Agreement Act of 1937. AMS is combining all burden hours with submission.
National Sheep Industry Improvement Center
Document Number: 2010-30534
Type: Rule
Date: 2010-12-07
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is affirming without changes, its interim rule to promulgate rules and regulations establishing a National Sheep Industry Improvement Center (NSIIC) program, consistent with the Food, Conservation, and Energy Act of 2008 (Farm Bill). This rule establishes the NSIIC and a Board of Directors (Board) that will manage and be responsible for the general supervision of the activities of the NSIIC, with oversight from the U.S. Department of Agriculture (USDA). The NSIIC is authorized to use funds to make grants to eligible entities in accordance with a strategic plan. No comments were received. Accordingly, AMS is issuing this final rule without changes.
Apricots Grown in Designated Counties in Washington; Temporary Relaxation of the Minimum Grade Requirement; Correction
Document Number: C1-2010-29105
Type: Rule
Date: 2010-11-29
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is making a correction to the Code of Federal Regulations (CFR) by revising the administrative rules and regulations contained in part 922, Apricots Grown in Designated Counties in Washington. In an interim final rule published in the Federal Register on August 2, 2006 (71 FR 43641), and adopted as a final rule on November 13, 2006 (71 FR 66093), changes were made to section 922.321(a)(1) to relax the minimum grade requirements for Washington apricots for the 2006 season. The changes were in effect from August 3, 2006, through March 31, 2007. After the effective dates for the changes, the text of an entire paragraph was inadvertently omitted, by AMS, from subsequent issues of the Code of Federal Regulations (CFR) and the section was reserved. AMS did not intend for the entire paragraph to be removed. This document corrects that error by adding or reinserting the language that was omitted into Title 7 of the CFR, part 922.
Establishment of Negotiated Rulemaking Committee for Changes to Livestock Mandatory Reporting
Document Number: 2010-29551
Type: Proposed Rule
Date: 2010-11-24
Agency: Agricultural Marketing Service, Department of Agriculture
The U.S. Department of Agriculture, Agricultural Marketing Service (AMS) is announcing its intent to establish a Wholesale Pork Reporting Negotiated Rulemaking Committee (Committee). The Committee will attempt to reach consensus on proposed language that AMS will publish as a proposed rule in the Federal Register. The Committee will include representatives of parties who would be affected by a final rule. AMS solicits comments on this initiative and requests interested parties to nominate representatives for membership on the Committee.
Domestic Dates Produced or Packed in Riverside County, CA; Increased Assessment Rate
Document Number: 2010-29107
Type: Rule
Date: 2010-11-18
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Date Administrative Committee (Committee) for the 2010-11 and subsequent crop years from $0.75 to $1.00 per hundredweight of dates handled. The Committee locally administers the marketing order that 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.
Sorghum Promotion and Research Program: Procedures for the Conduct of Referenda
Document Number: 2010-29106
Type: Rule
Date: 2010-11-18
Agency: Agricultural Marketing Service, Department of Agriculture
The Commodity Promotion, Research, and Information Act of 1996 (Act) authorizes a program of promotion, research, and information to be developed through the promulgation of the Sorghum Promotion, Research, and Information Order (Order). The Act requires that the Secretary of Agriculture (Secretary) conduct a referendum among persons subject to assessments who, during a representative period established by the Secretary, have engaged in the production or importation of sorghum. This final rule establishes procedures the Department of Agriculture (USDA) will use in conducting the required referendum as well as future referenda. Eligible persons will be provided the opportunity to vote during a specified period announced by USDA. For the program to continue, it must be approved, with an affirmative vote, by at least a majority of those persons voting who were engaged in the production or importation of sorghum during the representative period.
Establishment of a U.S. Honey Producer Research, Promotion, and Consumer Information Order; Withdrawal of a Proposed Rule
Document Number: 2010-28242
Type: Proposed Rule
Date: 2010-11-09
Agency: Agricultural Marketing Service, Department of Agriculture
This document withdraws a proposed rule published in the Federal Register on April 12, 2010, that proposed a new U.S. honey producer funded research and promotion program under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The proposed U.S. Honey Producer Research, Promotion and Consumer Information Order (Proposed Order) was submitted to the Department of Agriculture (Department) by the American Honey Producers Association (AHPA). The Department conducted an initial referendum from May 17, 2010, through June 4, 2010, to ascertain whether the persons to be covered by and assessed under the Proposed Order favored the Order prior to it going into effect. The Proposed Order failed by vote. Accordingly, based upon the referendum results, the proposed rule is being withdrawn.
Pistachios Grown in California, Arizona, and New Mexico; Modification of the Aflatoxin Regulations
Document Number: 2010-28240
Type: Rule
Date: 2010-11-09
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that modified the aflatoxin sampling and testing regulations prescribed under the California, Arizona, and New Mexico pistachio marketing order (order). The interim rule streamlined the aflatoxin sampling and testing procedures under the order's rules and regulations for pistachios to be shipped for domestic human consumption while maintaining sufficient aflatoxin controls. These changes are expected to reduce handler operating costs by providing a uniform and consistent aflatoxin sampling and testing procedure for pistachios shipped to all market destinations.
Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, OR; Termination of Marketing Order 924
Document Number: 2010-28046
Type: Proposed Rule
Date: 2010-11-08
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on the proposed termination of the Federal marketing order regulating the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and the rules and regulations issued thereunder. Marketing Order No. 924 is administered locally by the Washington-Oregon Fresh Prune Marketing Committee (Committee), which unanimously recommended termination of the marketing order at a meeting held on June 1, 2010. This recommendation is based on the Committee's determination that this order is no longer an effective marketing tool for the fresh prune industry, and that termination would best serve the current needs of the industry while also eliminating the costs associated with the operation of the marketing order.
National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing)
Document Number: 2010-28042
Type: Proposed Rule
Date: 2010-11-08
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would amend the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on May 22, 2008, November 19, 2008, and May 6, 2009. The recommendations addressed in this proposed rule pertain to establishing exemptions (uses) for four substances in organic crop production and organic processing, amending an annotation for one allowed substance, and removing an exemption for one allowed substance. Consistent with the recommendations from the NOSB, this proposed rule would add the following four substances, along with any restrictive annotations, to the National List: Microcrystalline cheesewax; acidified sodium chlorite; dried orange pulp; and Pacific kombu seaweed. This proposed rule would also amend the annotation for lecithinunbleached, and remove lecithinbleached, from the National List.
Proposed Christmas Tree Promotion, Research, and Information Order; Referendum Procedures
Document Number: 2010-28040
Type: Proposed Rule
Date: 2010-11-08
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on procedures for conducting a referendum to determine whether the issuance or continuation of the proposed Christmas Promotion, Research, and Information Order (Proposed Order) is favored by domestic producers and importers of Christmas trees. This proposed program would be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The 1996 Act allows for a referendum to be conducted determining if domestic producers and importers favor the proposed order and also providing that a referendum be conducted up to three years after the effective date of the Proposed Order. The program would be implemented or continued if approved by a simple majority of the eligible domestic producers and importers voting in the referendum. These procedures would also be used for any subsequent referendum under the Proposed Order, if it is approved in the initial referendum. The Proposed Order is being published separately in this issue of the Federal Register. This proposed rule also announces the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Proposed Christmas Tree Promotion, Research, and Information Order
Document Number: 2010-28038
Type: Proposed Rule
Date: 2010-11-08
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on the establishment of an industry-funded promotion, research, and information program for fresh cut Christmas trees. The proposed Christmas Tree Promotion, Research, and Information Order (Proposed Order), was submitted to the Department of Agriculture (Department) by the Christmas Tree Checkoff Task Force, an industry wide group of producers and importers that support this proposed program. Under the Proposed Order, producers and importers of fresh cut Christmas trees would pay an initial assessment of $0.15 per tree, which would be paid to the proposed Christmas Tree Promotion Board (Board). This Board would be responsible for administration and operation of the proposed Order. Producers and importers that domestically produce or import less than 500 Christmas trees annually would be exempt from the assessment. The proposed program is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). A referendum will be conducted, among producers and importers, three years after the collection of assessments begin to determine if Christmas tree producers and importers favor the continuation of this program. This proposed rule also announces the Agricultural Marketing Service's (AMS) intention to request approval of new Christmas tree information collection requirements by the Office of Management and Budget (OMB) for the operation of the Proposed Order.
Notice of Request for an Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-28047
Type: Notice
Date: 2010-11-05
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service published a document in the Federal Register of October 1, 2010, concerning a request for approval from the Office of Management and Budget for an extension of and revision to a currently approved information collection for the National Research, Promotion, and Consumer Information Programs. The document contained incorrect dates.
Notice of Request for Extension of a Currently Approved Information Collection
Document Number: 2010-28043
Type: Notice
Date: 2010-11-05
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, for an extension and revision of a currently approved information collection used to compile and generate the livestock and meat market reports for the Livestock and Grain Market News Branch of the Livestock and Seed Program.
Dried Prunes Produced in California; Increased Assessment Rate
Document Number: 2010-27796
Type: Rule
Date: 2010-11-03
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Prune Marketing Committee (Committee) for the 2010-11 and subsequent crop years from $0.16 to $0.27 per ton of salable dried prunes handled. The Committee locally administers the marketing order that regulates the handling of dried prunes grown 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; Changes to District Boundaries
Document Number: 2010-27788
Type: Rule
Date: 2010-11-03
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that removed the grower district boundaries contained in the administrative rules and regulations of the kiwifruit marketing order (order). The interim rule removed regulatory language referring to eight grower districts from the order's administrative rules and regulations to make them consistent with the recently amended order provisions, which now provide for three grower districts.
Popcorn Promotion, Research, and Consumer Information Order; Reapportionment
Document Number: 2010-27786
Type: Rule
Date: 2010-11-03
Agency: Agricultural Marketing Service, Department of Agriculture
This rule amends the Popcorn Promotion, Research and Consumer Information Order (Order) to reduce the Popcorn Board (Board) membership from nine to five members to reflect the consolidation of the popcorn industry and therefore, fewer popcorn processors in the industry. In accordance with the Popcorn Promotion, Research and Consumer Information Order which is authorized by the Popcorn Promotion, Research and Consumer Information Act (Act), the number of members on the Board may be changed by regulation; provided, that the Board consist of not fewer than four members and not more than nine members. In addition, the Order states that for purposes of nominating and appointing processors to the Board, the Secretary may take into account the geographical distribution of popcorn processors.
Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, OR; Suspension of Reporting and Assessment Requirements
Document Number: 2010-27196
Type: Rule
Date: 2010-10-27
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that suspended the reporting and assessment requirements prescribed under the Washington-Oregon fresh prune marketing order. The marketing order regulates the handling of fresh prunes grown in designated counties in Washington and in Umatilla County, Oregon, and is administered locally by the Washington-Oregon Fresh Prune Marketing Committee (Committee). On June 1, 2010, the Committee unanimously voted to terminate Marketing Order No. 924. Since the only regulatory actions then in effect were the reporting and assessment requirements, the Committee included a recommendation to immediately suspend those activities while USDA processes the termination request. The reporting and assessment requirements will remain suspended until reinstated or permanently terminated.
Pistachios Grown in California, Arizona, and New Mexico; Continuance Referendum
Document Number: 2010-26333
Type: Proposed Rule
Date: 2010-10-20
Agency: Agricultural Marketing Service, Department of Agriculture
This document directs that a referendum be conducted among eligible California, Arizona, and New Mexico pistachio producers to determine whether they favor continuance of the marketing order regulating the handling of pistachios grown in California, Arizona, and New Mexico.
Raisins Produced From Grapes Grown in California; Use of Estimated Trade Demand To Compute Volume Regulation Percentages
Document Number: 2010-26163
Type: Proposed Rule
Date: 2010-10-18
Agency: Agricultural Marketing Service, Department of Agriculture
This action withdraws a proposed rule published in the Federal Register on August 6, 2010 (75 FR 47490), on the use of an estimated trade demand figure to compute volume regulation percentages for 2010- 11 crop 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 regulations for 2010-11 NS raisins for the purpose of maintaining the industry's export program and stabilizing the domestic market. Based upon comments in response to the proposed rule, conditions in the industry, the change in the worldwide raisin outlook, and the lack of industry support for an estimated trade demand, the proposed rule is being withdrawn.
National Organic Program: Notice of Draft Guidance for Accredited Certifying Agents and Certified Operations
Document Number: 2010-25730
Type: Proposed Rule
Date: 2010-10-13
Agency: Agricultural Marketing Service, Department of Agriculture
The National Organic Program (NOP) is announcing the availability of five draft guidance documents intended for use by accredited certifying agents and certified operations. The five draft guidance documents are entitled as follows: Compost and Vermicompost in Organic Crop Production (NOP 5021); Wild Crop Harvesting (NOP 5022); Outdoor Access for Organic Poultry (NOP 5024); Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025); and The Use of Chlorine Materials in Organic Production and Handling (NOP 5026). These draft guidance documents are intended to inform the public of NOP's current thinking on these topics. The NOP is seeking comments on the five draft guidance documents. A notice of availability of final guidance on these topics will be issued upon their final approval. Once finalized, these guidance documents will be available from the NOP through ``The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) and Certified Operations''. This Handbook provides those who own, manage, or certify organic operations with guidance and instructions that can assist them in complying with the National Organic Program (NOP) regulations. The current edition of the Program Handbook is available online at http:// www.ams.usda.gov/nop or in print upon request.
Hass Avocado Promotion, Research, and Information Order; Section 610 Review
Document Number: 2010-25130
Type: Rule
Date: 2010-10-06
Agency: Agricultural Marketing Service, Department of Agriculture
This document summarizes the results of an Agricultural Marketing Service (AMS) review of the Hass Avocado Promotion, Research, and Information Order (Order) under criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
Notice of Request for Extension and Revision of a Currently Approved Information Collection for Pistachios
Document Number: 2010-25065
Type: Notice
Date: 2010-10-06
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 the forms currently used to collect information under Federal Marketing Order No. 983, for pistachios grown in California, Arizona, and New Mexico. This notice also announces AMS' intention to merge two form packages into one.
Notice of Request for Extension of the Organic Assessment Exemption
Document Number: 2010-25063
Type: Notice
Date: 2010-10-06
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501), this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for the forms currently used by marketers to apply for exemption from market promotion assessments under 26 marketing order programs.
Milk for Manufacturing Purposes and Its Production and Processing; Requirements Recommended for Adoption by State Regulatory Agencies
Document Number: 2010-24985
Type: Notice
Date: 2010-10-05
Agency: Agricultural Marketing Service, Department of Agriculture
This document proposes to amend the recommended manufacturing milk requirements (Recommended Requirements) by raising the maximum allowable somatic cell count in producer herd goat milk from 1,000,000 cells per milliliter to 1,500,000 cells per milliliter. This proposal was initiated at the request of the National Association of Dairy Regulatory Officials (NADRO) and was developed in cooperation with NADRO, dairy trade associations, and producer groups. This will ensure that goat milk can continue to be shipped and recognizes that goats have a need for different regulatory limits for somatic cells than cows.
Notice of Request for an Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-24627
Type: Notice
Date: 2010-10-01
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, for an extension of, and revision to a currently approved information collection for the National Research, Promotion, and Consumer Information Programs.
Farmers' Market Promotion Program: Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-24625
Type: Notice
Date: 2010-10-01
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 the currently approved the information collection for OMB 0581-0235, an extension and revision of forms ``TM- 29, FMPP Project Proposal Narrative Form'' and ``TM-30, FMPP Supplemental Budget Summary Form.'' Copies of these voluntary forms to participate in the U.S. Department of Agriculture (USDA) Farmers Market Promotion Program, may be obtained by calling the AMS Marketing Services Branch contact listed.
Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order
Document Number: 2010-24202
Type: Proposed Rule
Date: 2010-10-01
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on a proposed Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order). Softwood lumber is used in products like flooring, siding and framing. The program would be financed by an assessment on softwood lumber domestic manufacturers and importers and would be administered by a board of industry members selected by the Secretary of Agriculture (Secretary). The initial assessment rate would be $0.35 per thousand board feet of softwood lumber shipped within or imported to the United States. The purpose of the program would be to strengthen the position of softwood lumber in the marketplace, maintain and expand markets for softwood lumber, and develop new uses for softwood lumber within the United States. A referendum would be held among eligible domestic manufacturers and importers to determine whether they favor implementation of the program prior to it going into effect. This rule also announces the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Referendum Procedures
Document Number: 2010-24192
Type: Proposed Rule
Date: 2010-10-01
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule invites comments on procedures for conducting a referendum to determine whether issuance of a proposed Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order) is favored by domestic manufacturers and importers of softwood lumber. Softwood lumber is used in products like flooring, siding and framing. The procedures would also be used for any subsequent referendum under the Order. The proposed Order is being published separately in this issue of the Federal Register. This proposed rule also announces the Agricultural Marketing Service's (AMS) intent to request approval by the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Meeting of the National Organic Standards Board
Document Number: 2010-23337
Type: Proposed Rule
Date: 2010-09-20
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). The principal purpose of NOSB meetings is to provide an opportunity for the organic community to weigh in on proposed NOSB recommendations and discussion items. These meetings also allow the NOSB to receive updates from the USDA/NOP on issues pertaining to organic agriculture.
Tart Cherries Grown in the States of Michigan, et al.; Increased Assessment Rate for the 2010-2011 Crop Year for Tart Cherries
Document Number: 2010-23336
Type: Rule
Date: 2010-09-20
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Cherry Industry Administrative Board (Board) for the 2010-2011 fiscal period from $0.0066 to $0.0075 per pound of assessable tart cherries. The Board locally administers the marketing order which regulates the handling of tart cherries grown in Michigan, New York, Oregon, Pennsylvania, Utah, Washington, and Wisconsin. Assessments upon tart cherry handlers are used by the Board to fund reasonable and necessary expenses of the program. The 2010-2011 fiscal period year begins October 1, 2010. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Walnuts Grown in California; Decreased Assessment Rate
Document Number: 2010-22982
Type: Rule
Date: 2010-09-15
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the California Walnut Board (Board) for the 2010-11 and subsequent marketing years from $0.0177 to $0.0174 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order that 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 begins September 1 and ends August 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: 2010-22981
Type: Proposed Rule
Date: 2010-09-15
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rate established for the California Date Administrative Committee (Committee) for the 2010- 11 and subsequent crop years from $0.75 to $1.00 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 would remain in effect indefinitely unless modified, suspended, or terminated.
Avocados Grown in South Florida; Increased Assessment Rate
Document Number: 2010-22978
Type: Rule
Date: 2010-09-15
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Avocado Administrative Committee (Committee) for the 2010-11 and subsequent fiscal periods from $0.27 to $0.37 per 55-pound bushel container of Florida avocados handled. The Committee locally administers the marketing order which regulates the handling of avocados grown in South Florida. Assessments upon Florida avocado handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Egg Research and Promotion Order; Referendum Procedures
Document Number: 2010-22644
Type: Rule
Date: 2010-09-10
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule establishes procedures that the Agricultural Marketing Service (AMS) 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 (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 will also be used for subsequent referenda. AEB, which administers the Order, recommended this action to sustain and expand its national promotion, research, and consumer information program.
Amendment to Egg Research and Promotion Order and Regulations To Increase the Rate of Assessment and Referendum Order
Document Number: 2010-22643
Type: Proposed Rule
Date: 2010-09-10
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would amend the Egg Research and Promotion Order (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. Notice also is hereby given that the Agricultural Marketing Service (AMS) will conduct a referendum to determine whether egg producers favor the increase in the assessment rate.
Notice of Agricultural Management Assistance Organic Certification Cost-Share Program
Document Number: 2010-22244
Type: Notice
Date: 2010-09-08
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 $1.495 million for this organic certification cost-share program in Fiscal Year 2010. 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.
Notice of 2010 National Organic Certification Cost-Share Program
Document Number: 2010-22243
Type: Notice
Date: 2010-09-08
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.