Agricultural Marketing Service January 2011 – Federal Register Recent Federal Regulation Documents

Notice of Establishment of the Wholesale Pork Reporting Negotiated Rulemaking Committee; Notice of Meeting
Document Number: 2011-1647
Type: Proposed Rule
Date: 2011-01-26
Agency: Agricultural Marketing Service, Department of Agriculture
As required by section 564 of the Negotiated Rulemaking Act, the Department of Agriculture (USDA), Agricultural Marketing Service (AMS) is giving notice of the establishment of the Wholesale Pork Reporting Negotiated Rulemaking Committee (Committee) to develop proposed language to amend the Livestock Mandatory Reporting regulations to implement mandatory pork price reporting. USDA has determined that the establishment of this Committee is in the public interest and will assist AMS in performing its duties under the Mandatory Price Reporting Act of 2010 (2010 Reauthorization Act) (Pub. L. 111-239). This document also announces the first meeting of the Committee.
Pears Grown in Oregon and Washington; Amendment To Allow Additional Exemptions
Document Number: 2011-1508
Type: Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This rule adds an exemption to the marketing order for Oregon- Washington pears that provides for the sale of fresh pears directly to consumers without regard to regulation. The marketing order regulates the handling of pears grown in Oregon and Washington. Local administration of the marketing order for the fresh pear industry is provided by the Fresh Pear Committee (Committee). For each customer, this rule exempts consumer-direct sales of up to 220 pounds of fresh pears per transaction, for home use only, made directly at orchards, packing facilities, roadside stands, or farmers' markets without regard to the marketing order's assessment, reporting, handling, and inspection requirements. This action is intended to provide regulatory flexibility to small pear handlers, while facilitating the sale of fresh, local pears directly to consumers.
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 2010-2011 Marketing Year
Document Number: 2011-1429
Type: Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2010-2011 marketing year. This rule increases the Native spearmint oil salable quantity from 980,220 pounds to 1,118,639 pounds, and the allotment percentage from 43 percent to 50 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 unanimously 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.
Raisins Produced From Grapes Grown in California; Increased Assessment Rate
Document Number: 2011-1427
Type: Proposed Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would increase the assessment rate established for the Raisin Administrative Committee (committee) for the 2010-11 and subsequent crop years from $7.50 to $14.00 per ton of free tonnage raisins acquired by handlers and reserve tonnage raisins released or sold to handlers for use in free tonnage outlets. The committee locally administers the marketing order which regulates the handling of California raisins produced from grapes grown in California. Assessments upon raisin handlers are used by the committee to fund reasonable and necessary expenses of the program. The 2010-11 crop year began August 1 and ends July 31. No volume regulation will be implemented for the 2010-11 crop year, and no reserve pool will be established for this crop. Some committee expenses usually covered by reserve pool revenues must therefore be covered by handler assessments, necessitating an increased assessment rate. The proposed $14.00 per ton assessment would remain in effect indefinitely unless modified, suspended, or terminated.
Kiwifruit Grown in California; Order Amending Marketing Order No. 920; Correction
Document Number: 2011-1426
Type: Rule
Date: 2011-01-25
Agency: Agricultural Marketing Service, Department of Agriculture
This document contains a correction to the final rule that was published in the Federal Register on Tuesday, June 29, 2010 (75 FR 37288). The final rule amended Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. The amendments redefined the grower districts into which the production area is divided and reallocated committee membership among the districts. This rule corrects the final rule by removing order language regarding selection of members and alternates that was inadvertently kept in after the removal of the language as a conforming change was approved by growers in a referendum.
Farmers' Market Promotion Program Regulation; Notice of Request for Approval of a New Information Collection
Document Number: 2011-930
Type: Proposed Rule
Date: 2011-01-19
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would establish regulations for the Agricultural Marketing Service's Farmers' Market Promotion Program (FMPP). The FMPP is a competitive grant program that makes funds available to eligible entities for projects to establish, expand, and promote farmers markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer marketing opportunities. The proposed rule would establish eligibility and application requirements, the review and approval process, and grant administration procedures for the FMPP. Additionally in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Agricultural Marketing Service (AMS) announces its intention to request from the Office of Management and Budget (OMB) approval of a new information collection. Once approved, AMS will request OMB to merge this new collection into the currently approved information collection OMB 0581-0235, entitled Farmers' Market Promotion Program.
National Organic Program: Notice of Draft Guidance Concerning “Made With Organic (Specified Ingredients or Food Groups)” Products: Product Composition and Use of Percentage Statements
Document Number: 2011-573
Type: Notice
Date: 2011-01-13
Agency: Agricultural Marketing Service, Department of Agriculture
This notice announces draft guidance for the organic industry to address the labeling, composition of and use of percentage statements in ``made with organic (specified ingredients or food groups).'' Specifically, the draft guidance addresses (1) the use of non-organic ingredients in ``made with organic (specified ingredients or food groups)'' products, and (2) the use of statements about the percentage of organic ingredients within the ``made with organic (specified ingredients or food groups)'' labeling category. The guidance explains the policy of the National Organic Program (NOP) concerning the portions of the regulations in question, referenced herein. The NOP invites organic producers, handlers, certifying agents, consumers and other interested parties to submit comments about these guidance provisions. A notice of availability of final guidance on this topic will be issued upon its final approval. Once finalized, this guidance document 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.
National Organic Program (NOP); Sunset Review (2011)
Document Number: 2010-33138
Type: Proposed Rule
Date: 2011-01-04
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would address recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on November 5, 2009, and April 29, 2010. The recommendations addressed in this proposed rule pertain to the continued exemption (use) of 12 substances in organic production and handling. Consistent with the recommendations from the NOSB, this proposed rule would continue the exemption (use) of 12 substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) (along with any restrictive annotations). These substances were originally added to the National List on September 12, 2006.
Country of Origin Labeling of Packed Honey
Document Number: 2010-33137
Type: Rule
Date: 2011-01-04
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule adopts an interim rule, with change, establishing new regulations addressing country of origin labeling for packed honey bearing any official USDA mark or statement. Also, the rule added a new cause for debarment from inspection and certification service for honey if country of origin labeling requirements are not met for packages of honey containing official USDA grade marks or statements. The rule was necessary because section 10402 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill) amended the Agricultural Marketing Act of 1946 to require country of origin labeling for honey if it contains official USDA grade marks or statements.
Notice of Funds Availability (NOFA) Inviting Applications for the Specialty Crop Block Grant Program-Farm Bill (SCBGP-FB)
Document Number: 2010-33136
Type: Notice
Date: 2011-01-04
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) announces the availability of approximately $55 million in grant funds, less USDA administrative costs, for fiscal year (FY) 2011 to solely enhance the competitiveness of specialty crops. SCBGP-FB funds are authorized by the Food, Conservation, and Energy Act of 2008 (the Farm Bill). State departments of agriculture are encouraged to develop their grant applications promptly. State departments of agriculture interested in obtaining grant program funds are invited to submit applications to USDA. State departments of agriculture, meaning agencies, commissions, or departments of a State government responsible for agriculture within the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands are eligible to apply.
Sorghum Promotion, Research, and Information Program: Referendum
Document Number: 2010-33135
Type: Notice
Date: 2011-01-04
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is announcing that a referendum will be conducted among eligible sorghum producers and importers on the Sorghum Promotion, Research, and Information Order (Order), as authorized under the Commodity Promotion, Research, and Information Act of 1996 (Act).