Agricultural Marketing Service 2012 – Federal Register Recent Federal Regulation Documents

Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 1 (Scotch) and Class 3 (Native) Spearmint Oil for the 2012-2013 Marketing Year
Document Number: 2012-31102
Type: Rule
Date: 2012-12-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2012-2013 marketing year under the Far West spearmint oil marketing order. This rule increases the Scotch spearmint oil salable quantity from 782,413 pounds to 2,622,115 pounds, and the allotment percentage from 38 percent to 128 percent. In addition, this rule increases the Native spearmint oil salable quantity from 1,162,473 pounds to 1,348,270 pounds, and the allotment percentage from 50 percent to 58 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of maintaining orderly marketing conditions in the Far West spearmint oil market.
Plant Variety Protection Board; Soliciting Nominations
Document Number: 2012-30746
Type: Notice
Date: 2012-12-21
Agency: Agricultural Marketing Service, Department of Agriculture
The Plant Variety Protection Office (PVPO) is seeking candidates for the Plant Variety Protection Board. We are asking for the submission of nomination packages (an Application for Committee Membership (AD-755) and resume) by January 7, 2013.
Renewal of the Plant Variety Protection Board Charter
Document Number: 2012-30745
Type: Notice
Date: 2012-12-21
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 renew the Plant Variety Protection Board (PVP Board) Charter.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Redistricting and Reapportionment of Grower Members, and Changing the Qualifications for Grower Membership on the Citrus Administrative Committee
Document Number: 2012-29244
Type: Proposed Rule
Date: 2012-12-12
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would redefine districts, reapportion representation, and modify the qualifications for membership on the Citrus Administrative Committee (Committee). The Committee is responsible for local administration of the Federal marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order). This rule would reduce the number of districts, reapportion representation among the districts, and allow up to four growers who are shippers or employees of a shipper to serve as grower members on the Committee. These changes would adjust grower representation to reflect the composition of the industry, provide equitable representation from each district, and create the opportunity for more growers to serve on the Committee.
Sweet Cherries Grown in Designated Counties in Washington; Decreased Assessment Rate
Document Number: 2012-29436
Type: Rule
Date: 2012-12-06
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Washington Cherry Marketing Committee (Committee) for the 2012-2013 and subsequent fiscal periods from $0.40 to $0.18 per ton of sweet cherries handled. The Committee locally administers the marketing order which regulates the handling of sweet cherries grown in designated counties in Washington. Assessments upon Washington sweet cherry 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.
Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
Document Number: 2012-29435
Type: Rule
Date: 2012-12-06
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2012-13 and subsequent fiscal periods from $1.50 to $0.50 per ton of Washington apricots handled. The Committee locally administers the marketing order which regulates the handling of apricots grown in designated counties in Washington. Assessments upon apricot 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.
Pears Grown in Oregon and Washington; Assessment Rate Decrease for Processed Pears
Document Number: 2012-29428
Type: Rule
Date: 2012-12-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Processed Pear Committee (Committee) for the 2012-2013 and subsequent fiscal periods from $7.73 to $7.00 per ton of summer/fall processed pears. The Committee locally administers the marketing order which regulates the handling of processed pears grown in Oregon and Washington. Assessments upon handlers of Oregon-Washington processed pears are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Pears Grown in Oregon and Washington; Committee Membership Reapportionment for Processed Pears
Document Number: 2012-29425
Type: Proposed Rule
Date: 2012-12-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on reapportionment of the membership of the Processed Pear Committee (Committee) established under the Oregon-Washington pear marketing order. The marketing order regulates the handling of processed pears grown in Oregon and Washington, and is administered locally by the Committee. This rule would reapportion the processor membership such that the three processor members and alternate members would be selected from the production area-at-large rather than from a specific district. In an industry with few processors, this change would provide the flexibility needed to help ensure that all processor member positions are filled, resulting in effective representation of the processed pear industry.
Avocados Grown in South Florida; Decreased Assessment Rate
Document Number: 2012-29253
Type: Rule
Date: 2012-12-04
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that decreased the assessment rate established for the Avocado Administrative Committee (Committee) for the 2012-13 and subsequent fiscal periods from $0.37 to $0.25 per 55-pound bushel container of Florida avocados handled. The Committee locally administers the marketing order for avocados grown in South Florida. The interim rule decreased the assessment rate to reflect a reduction in expenditures for research and to help reduce industry costs.
Mandatory Country of Origin Labeling of Covered Commodities: Notice of Request for Revision of a Currently Approved Information Collection
Document Number: 2012-29167
Type: Notice
Date: 2012-12-04
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 to the currently approved information collection of the Mandatory Country of Origin Labeling (COOL) of Covered Commodities.
National Organic Program; Periodic Residue Testing
Document Number: 2012-27378
Type: Rule
Date: 2012-11-09
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule clarifies a provision of the Organic Foods Production Act of 1990 and the regulations issued thereunder that requires periodic residue testing of organically produced agricultural products by accredited certifying agents. The final rule amends the U.S. Department of Agriculture's (USDA) National Organic Program (NOP) regulations to make clear that accredited certifying agents must conduct periodic residue testing of agricultural products that are to be sold, labeled, or represented as ``100 percent organic,'' ``organic,'' or ``made with organic (specified ingredients or food group(s)).'' The final rule expands the amount of residue testing of organically produced agricultural products by clarifying that sampling and testing are required on a regular basis. The final rule requires that certifying agents, on an annual basis, sample and conduct residue testing from a minimum of five percent of the operations that they certify. This action will help further ensure the integrity of products produced and handled under the NOP regulations.
Request for Extension and Revision of a Currently Approved Information Collection for the National Farmers Market Questionnaire
Document Number: 2012-26956
Type: Notice
Date: 2012-11-05
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this document 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 the currently approved information collection for the National Farmers Market Manager Questionnaire.
Advisory Committee on Universal Cotton Standards
Document Number: 2012-24352
Type: Notice
Date: 2012-10-03
Agency: Agricultural Marketing Service, Department of Agriculture
The U.S. Department of Agriculture (USDA) intends to re- establish the Advisory Committee on Universal Cotton Standards (Committee). The Committee is necessary and in the public interest. The Committee reviews official Universal Standards for American Upland cotton prepared by USDA and would make recommendations to the Secretary of Agriculture regarding the establishment or revision of standards. USDA also seeks nominations of individuals to be considered for selection as Committee members.
National Organic Program (NOP); Sunset Review (2012) for Nutrient Vitamins and Minerals
Document Number: 2012-23748
Type: Rule
Date: 2012-09-27
Agency: Agricultural Marketing Service, Department of Agriculture
This interim rule addresses a recommendation submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on April 29, 2011. This recommendation pertains to the 2012 Sunset Review for the exemption (use) of nutrient vitamins and minerals in organic handling on U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). On January 12, 2012, AMS published a proposed rule on the 2012 Sunset Review which proposed to continue the exemption (use) for nutrient vitamins and minerals on the National List for 5 years after its October 21, 2012 sunset date. The proposed rule also proposed to correct an inaccurate cross reference to U.S. Food and Drug Administration (FDA) regulations in the listing for vitamins and minerals on the National List. AMS continues to review the public comments on the proposed rule and assess the extent of impacts on the industry that could result from correcting the cross reference to FDA regulations. Therefore, due to the impending sunset of the allowance for nutrients vitamins and minerals from the National List on October 21, 2012, and based on the NOSB recommendation, this interim rule renews, without change, the exemption (use) for nutrient vitamins and minerals on the National List. This interim rule provides for the continued use of nutrients vitamins and minerals in organic products until the agency completes the January 12, 2012, rulemaking.
National Organic Program (NOP); Amendment to the National List of Allowed and Prohibited Substances (Livestock)
Document Number: 2012-23083
Type: Rule
Date: 2012-09-19
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 one recommendation submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on April 29, 2010. This final rule revises the annotation for one substance on the National List, methionine, to reduce the maximum levels of synthetic methionine allowed in organic poultry production after October 1, 2012. This final rule permits the use of synthetic methionine at the following maximum levels per ton of feed after October 1, 2012: laying and broiler chickens2 pounds; turkeys and all other poultry3 pounds. This action also corrects the Chemical Abstracts Service (CAS) numbers for the allowable forms of synthetic methionine.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Change to Administrative Rules Regarding the Transfer and Storage of Excess Spearmint Oil
Document Number: 2012-22834
Type: Proposed Rule
Date: 2012-09-17
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on proposed revisions to the administrative rules prescribed under the marketing order regulating the handling of spearmint oil produced in the Far West. The marketing order is administered locally by the Spearmint Oil Administrative Committee (Committee). This rule would change the date by which a producer must transfer excess spearmint oil to another producer or deliver such oil to the Committee or its designees for storage from November 1 to December 1. This action would also change the date that the Committee must pool identified excess oil as reserve oil from November 1 to December 1. The proposed changes would be a relaxation of the handling regulations and are expected to benefit producers, handlers, and consumers.
Peanut Standards Board
Document Number: 2012-22427
Type: Notice
Date: 2012-09-12
Agency: Agricultural Marketing Service, Department of Agriculture
The Farm Security and Rural Investment Act of 2002 (2002 Farm Bill) requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection as Board members for terms of office ending June 30, 2015. Selected nominees would replace three producer and three industry representatives who currently serve on the Board and have terms of office that ended June 30, 2012. Also, one individual would fill a currently vacant industry position for a term of office ending June 30, 2014. The Board consists of 18 members representing producers and the industry. USDA values diversity. In an effort to obtain diversity among candidates, USDA encourages the nomination of men and women of all racial and ethnic groups.
Beef Promotion and Research; Amendment to the Order
Document Number: 2012-21374
Type: Rule
Date: 2012-08-30
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule expands the contracting authority of the Beef Promotion and Research Order (Order). The Beef Research and Information Act (Act) requires that the Beef Promotion Operating Committee (BPOC) enter into contracts with established national non-profit industry- governed organizations including the Federation of State Beef Councils to implement programs of promotion, research, consumer information, and industry information. The Act does not define ``national non-profit industry governed organization,'' however, the Order states that these organizations must be governed by a board of directors representing the cattle or beef industry on a national basis and that they were active and ongoing prior to enactment of the Act. This final rule changes the date requirement in the Order so that organizations otherwise qualified could be eligible to contract with the BPOC for the implementation and conduct of Beef Checkoff programs if they have been active and ongoing for at least two years.
Cranberries Grown in States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York; Changing Reporting Requirements
Document Number: 2012-21372
Type: Rule
Date: 2012-08-30
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the reporting requirements currently prescribed under the marketing order that regulates the handling of cranberries grown in the States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York (order). The order is administered locally by the Cranberry Marketing Committee (Committee). This rule changes the dates covered by the third reporting period and the date by which the Handler Inventory Report (Form HIR) is due to the Committee. These changes will help ensure the Committee has current and complete information available for its discussions during its annual August meeting, while providing handlers sufficient time to submit their reports.
Notice of Meeting of the National Organic Standards Board
Document Number: 2012-21355
Type: Notice
Date: 2012-08-30
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Federal Advisory Committee Act, as amended, (5 U.S.C. App.), the Agricultural Marketing Service (AMS) is announcing an upcoming meeting of the National Organic Standards Board (NOSB). Written public comments are invited in advance of the meeting, and the meeting will include scheduled time for oral comments from the public.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports
Document Number: 2012-20951
Type: Rule
Date: 2012-08-28
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations by increasing the value assigned to imported cotton for calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. An amendment is required to adjust the assessments collected on imported cotton and the cotton content of imported products to be the same as those paid on domestically produced cotton. In addition, AMS is changing the Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment.
United States Standards for Grades of Grapefruit Juice
Document Number: 2012-21054
Type: Notice
Date: 2012-08-27
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) has revised the United States Standards for Grades of Grapefruit Juice. The grade standards for grapefruit juice have been changed to remove the parameters for maximum ``free and suspended pulp'' to account for advances in industry processing technology.
Olives Grown in California; Increased Assessment Rate
Document Number: 2012-21036
Type: Rule
Date: 2012-08-27
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Olive Committee (Committee) for 2012 and subsequent fiscal years from $16.61 to $31.32 per assessable ton of olives handled. The Committee locally administers the marketing order which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Specialty Crops; Import Regulations; New Pistachio Import Requirements
Document Number: 2012-20974
Type: Rule
Date: 2012-08-27
Agency: Agricultural Marketing Service, Department of Agriculture
This rule establishes a minimum quality regulation for lots of pistachios imported into the United States. The regulation specifies maximum aflatoxin tolerance levels as well as mandatory aflatoxin testing and certification requirements. These import quality requirements are the same as or comparable to those in effect for the domestically produced commodity. Under this regulation, aflatoxin levels in imported pistachios may not exceed 15 parts per billion (ppb), as certified by aflatoxin inspection certificates issued by an accredited laboratory. This action is intended to assure consumers that all pistachios offered for sale in the United States meet the same aflatoxin standards, thus promoting high quality product in the market place and fostering consumer satisfaction.
Milk in the Mideast Marketing Area; Order Amending the Order
Document Number: 2012-20973
Type: Rule
Date: 2012-08-27
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the Pool Plant provisions of the Mideast Federal milk marketing order regulating distributing plants physically located within the marketing area, with a Class I utilization of at least 30 percent and with combined route disposition and transfers of at least 50 percent distributed into Federal milk marketing areas, as Pool Distributing Plants under the terms of the order. More than the required number of producers for the Mideast marketing area approved the issuance of the final order as amended.
Livestock Mandatory Reporting Program; Establishment of the Reporting Regulation for Wholesale Pork
Document Number: 2012-20443
Type: Rule
Date: 2012-08-22
Agency: Agricultural Marketing Service, Department of Agriculture
On April 2, 2001, the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS) implemented the Livestock Mandatory Reporting (LMR) program as required by the Livestock Mandatory Reporting Act of 1999 (1999 Act). In October 2006, the LMR program was reauthorized by Congress through September 2010. On September 28, 2010, the Mandatory Price Reporting Act of 2010 (2010 Reauthorization Act) reauthorized LMR for an additional 5 years and added a provision for mandatory reporting of wholesale pork cuts. The 2010 Reauthorization Act directed the Secretary to engage in negotiated rulemaking to make required regulatory changes for mandatory wholesale pork reporting and establish a negotiated rulemaking committee to develop these changes. This final rule reflects the work of the USDA Wholesale Pork Reporting Negotiated Rulemaking Committee (Committee).
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances (Crops, Livestock and Processing)
Document Number: 2012-18819
Type: Rule
Date: 2012-08-02
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the U.S. Department of Agriculture's (USDA's) National List of Allowed and Prohibited Substances (National List) to enact recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on October 28, 2010, and April 29, 2011. This final rule amends the annotation for tetracycline for use in organic crop production and adds two substances: formic acid and attapulgite, along with any restrictive annotations, for use in organic livestock production and organic processing, respectively.
National Organic Program (NOP); Sunset Review (2012); Correction
Document Number: 2012-18511
Type: Rule
Date: 2012-07-30
Agency: Agricultural Marketing Service, Department of Agriculture
This document contains a correction to the final regulations published on June 6, 2012 (77 FR 33290). These regulations pertain to the 2012 Sunset Review of substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). A technical error was inadvertently published in the final rule and requires correction. This document corrects the final regulations by revising the listing for ``colors'' at 7 CFR 205.606(d).
Tomatoes Grown in Florida; Increased Assessment Rate
Document Number: 2012-18317
Type: Rule
Date: 2012-07-26
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the Florida Tomato Committee (Committee) for the 2011-12 and subsequent fiscal periods from $0.0275 to $0.037 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 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.
United States Standards for Grades of Almonds in the Shell
Document Number: 2012-17229
Type: Proposed Rule
Date: 2012-07-16
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS), of the Department of Agriculture (USDA), is proposing to revise the United States Standards for Grades of Almonds in the Shell. AMS received written requests from the produce industry to amend the standards to align inspection procedures for incoming inspections (based on the marketing order) and outgoing inspections (based on the grade standards). Therefore, AMS is proposing to change the determination of internal defects from count to weight.
Soybean Promotion and Research: Amend the Order To Adjust Representation on the United Soybean Board
Document Number: 2012-16703
Type: Proposed Rule
Date: 2012-07-10
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would adjust the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was last reapportioned in 2009. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership on the Board is reviewed every 3 years and adjustments are made accordingly. This proposed change would result in an increase in Board membership for one State, increasing the total number of Board members from 69 to 70. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective for the 2013 appointment process.
Tart Cherries Grown in the States of Michigan, et al.; Increasing the Primary Reserve Capacity and Revising Exemption Requirements
Document Number: 2012-16699
Type: Rule
Date: 2012-07-09
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the primary inventory reserve capacity and the exemption provisions applicable to handler diversion activities prescribed under the marketing order for tart cherries (order). The order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, and is administered locally by the Cherry Industry Administrative Board (Board). This action increases the volume of tart cherries that can be placed in the primary inventory reserve from 50 million pounds to 100 million pounds and revises exemption provisions by limiting diversion credits for new market development and market expansion activities to one year. These changes are intended to facilitate sales and lessen the impact of market expansion activities on volume restriction calculations.
Grapes Grown in Designated Area of Southeastern California; Increased Assessment Rate
Document Number: 2012-16064
Type: Proposed Rule
Date: 2012-07-02
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2012 and subsequent fiscal periods from $0.0125 to $0.0150 per 18- pound lug of grapes handled. The Committee locally administers the marketing order, which regulates the handling of grapes grown in a designated area of southeastern California. Assessments upon grape handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended or terminated.
Avocados Grown in South Florida; Decreased Assessment Rate
Document Number: 2012-16063
Type: Rule
Date: 2012-07-02
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Avocado Administrative Committee (Committee) for the 2012-13 and subsequent fiscal periods from $0.37 to $0.25 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.
Implementation of National Organic Program (NOP); Sunset Review (2012) Amendments to Pectin on the National List of Allowed and Prohibited Substances
Document Number: 2012-15904
Type: Rule
Date: 2012-06-28
Agency: Agricultural Marketing Service, Department of Agriculture
On June 6, 2012, AMS published a final rule to address substances due to sunset from the U.S. Department of Agriculture's National List of Allowed and Prohibited Substances (National List) in 2012. This final rule amended two listings for pectin on the National List effective June 27, 2012.
Milk in the Mideast Marketing Area; Final Decision
Document Number: 2012-15670
Type: Proposed Rule
Date: 2012-06-28
Agency: Agricultural Marketing Service, Department of Agriculture
This final decision recommends adoption of a proposal to amend the Pool Plant provisions of the Mideast Federal milk marketing order to reflect that distributing plants physically located within the marketing area with a Class I utilization of at least 30 percent, and with combined route disposition and transfers of at least 50 percent distributed into Federal milk marketing areas, would be regulated as a Pool Distributing Plant under the terms of the order.
Domestic Dates Produced or Packed in Riverside County, CA; Order Amending Marketing Order 987
Document Number: 2012-15428
Type: Rule
Date: 2012-06-25
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends Marketing Agreement and Order No. 987 (order), which regulates the handling of domestic dates produced or packed in Riverside County, California. The amendments approved by producers in referendum were proposed by the California Date Administrative Committee (CDAC or committee), which is responsible for local administration of the order. The amendments are intended to improve administration of and compliance with the order and reflect current industry practices. Two amendments proposed by the Agricultural Marketing Service (AMS) were not approved in referendum.
Processed Raspberry Promotion, Research and Information Program; Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 2012-15023
Type: Notice
Date: 2012-06-20
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this document 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 the currently approved information collection National Processed Raspberry Promotion, Research, and Information Program.
Pistachios Grown in California, Arizona, and New Mexico; Order Amending Marketing Order No. 983
Document Number: 2012-14813
Type: Rule
Date: 2012-06-18
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends Marketing Agreement and Order No. 983 (order), which regulates the handling of pistachios grown in California, Arizona, and New Mexico. The amendments were proposed by the Administrative Committee for Pistachios (Committee), which is responsible for local administration of the order. The amendments will provide authority to establish aflatoxin and quality regulations for pistachios shipped to export markets, including authority to establish different regulations for different markets; change a related section of the order concerning substandard pistachios to conform to the proposed addition of export authority; and correct an erroneous cross- reference to another section of the order. These amendments are intended to provide authority to ensure uniform and consistent aflatoxin and quality regulations in the domestic and various export markets.
Tart Cherries Grown in the States of Michigan, et al.; Final Free and Restricted Percentages for the 2011-12 Crop Year for Tart Cherries
Document Number: 2012-14810
Type: Rule
Date: 2012-06-18
Agency: Agricultural Marketing Service, Department of Agriculture
This rule establishes final free and restricted percentages for the 2011-12 crop year under the marketing order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin (order). The order is administered locally by the Cherry Industry Administrative Board (Board). This action establishes the proportion of tart cherries from the 2011 crop which may be handled in commercial outlets at 88 percent free and 12 percent restricted. These percentages should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns.
Lamb Promotion, Research, and Information Order; Amendment to the Order To Raise the Assessment Rate
Document Number: 2012-14187
Type: Proposed Rule
Date: 2012-06-12
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would amend the Lamb Promotion, Research, and Information Order (Order) to increase the assessment rate on all live ovine animals sold from $.005 per pound to $.007 per pound for producers, feeders, and seedstock producers, and from $.30 per head of ovine animals purchased for slaughter to $.42 per head for first handlers. The increase is provided for under the Order, which is authorized by the Commodity Promotion, Research, and Information Act of 1996 (Act). The American Lamb Board (Board), which administers the Order, recommended this action to maintain and expand their promotional, research, advertising, and communications programs.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2011 Amendments)
Document Number: 2012-14184
Type: Proposed Rule
Date: 2012-06-12
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is proposing to amend the Cotton Board Rules and Regulations by increasing the value assigned to imported cotton for calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. An amendment is required to adjust the assessments collected on imported cotton and the cotton content of imported products to be the same as those paid on domestically produced cotton. In addition, AMS proposes to change the Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Order Amending Marketing Order No. 930
Document Number: 2012-13645
Type: Rule
Date: 2012-06-06
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends Marketing Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. These amendments were proposed by the Cherry Industry Administrative Board (CIAB), which is responsible for local administration of the order. These amendments revise: the definition of ``Handle''; and regulations concerning ``Marketing Policy'' and ``Grower Diversion Privilege.'' The amendments are intended to improve the operation and administration of the order.
User Fees for 2012 Crop Cotton Classification Services to Growers
Document Number: 2012-13527
Type: Rule
Date: 2012-06-06
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) will maintain user fees for cotton producers for 2012 crop cotton classification services under the Cotton Statistics and Estimates Act and the Cotton Standards Act of 1923 at $2.20 per balethe same level as in 2011. This fee and the existing reserve are sufficient to cover the costs of providing classification services for the 2012 crop, including costs for administration and supervision.
National Organic Program (NOP); Sunset Review (2012)
Document Number: 2012-13523
Type: Rule
Date: 2012-06-06
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule addresses recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on April 29, 2010, October 28, 2010, and April 29, 2011. These recommendations pertain to the 2012 Sunset Review of substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). Consistent with the NOSB recommendations, this final rule continues, without change, the exemptions (use) and prohibitions for multiple listings on the National List for 5 years after their respective sunset dates. This final rule also amends the exemptions (use) for 7 substances and removes the exemptions for 3 substances on the National List.
Notice of Request for Revision of a Currently Approved Collection Application for Plant Variety Protection Certification and Objective Description of Variety
Document Number: 2012-13066
Type: Notice
Date: 2012-05-30
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's) intention to request approval from Office of Management and Budget (OMB) for an extension of and revision to the currently approved information collection ``Application for Plant Variety Protection Certification and Objective Description of Variety.''
Grading and Inspection, General Specifications for Approved Plants and Standards for Grades of Dairy Products; General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service
Document Number: 2012-13065
Type: Rule
Date: 2012-05-30
Agency: Agricultural Marketing Service, Department of Agriculture
This document amends the General Specifications for Dairy Plants Approved for United States Department of Agriculture (USDA) Inspection and Grading Service (General Specifications) 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 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. In addition this document eliminates mandatory sediment testing on producer milk except for milk in cans. The requirement for sediment testing has become outdated and is no longer needed.
Notice of Request for Extension of a Currently Approved Information Collection for the Regulations Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products
Document Number: 2012-13064
Type: Notice
Date: 2012-05-30
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 the Regulations Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products, and the Certification of Sanitary Design and Fabrication of Equipment Used in the Slaughter, Processing, and Packaging of Livestock and Poultry Products.
Processed Raspberry Promotion, Research, and Information Order
Document Number: 2012-11060
Type: Rule
Date: 2012-05-08
Agency: Agricultural Marketing Service, Department of Agriculture
This rule establishes the Processed Raspberry Promotion, Research, and Information Order (Order). The program will be implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). Under the Order, producers of raspberries for processing and importers of processed raspberries will pay an assessment of up to one cent per pound, with the initial assessment rate being one cent per pound, which shall be paid to the National Processed Raspberry Council (Council). Producers and importers of less than 20,000 pounds annually of raspberries for processing and processed raspberries, respectively, will be exempt from the assessment. The U.S. Department of Agriculture (Department) conducted a referendum between June 8 and June 24, 2011 to ascertain whether the persons to be covered by and assessed under the Order favored the implementation of the program. In the referendum, 88 percent of those who voted favored implementation of the Order. Producers and importers of 20,000 or more pounds of raspberries for processing or processed raspberries respectively, during the calendar year January 1 through December 31, 2010, were eligible to vote in the referendum. The program was proposed by the Washington Red Raspberry Commission (WRRC).
Tart Cherries Grown in the State of Michigan, et al.; Increasing the Primary Reserve Capacity and Revising Exemption Requirements
Document Number: 2012-9860
Type: Proposed Rule
Date: 2012-04-25
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on proposed revisions to the primary inventory reserve capacity and the exemption provisions applicable to handler diversion activities prescribed under the marketing order for tart cherries (order). The order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, and is administered locally by the Cherry Industry Administrative Board (Board). This action would increase the volume of tart cherries that can be placed in the primary inventory reserve from 50 million pounds to 100 million pounds and would revise exemption provisions by limiting diversion credits for new market development and market expansion activities to one year. These changes are intended to facilitate sales and lessen the impact of market expansion activities on volume restriction calculations.