Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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Establishment of a Domestic Hemp Production Program
This rule establishes a new part specifying the rules and regulations to produce hemp. This action is mandated by the Agriculture Improvement Act of 2018, which amended the Agricultural Marketing Act of 1946. This rule outlines provisions for the Department of Agriculture (USDA) to approve plans submitted by States and Indian Tribes for the domestic production of hemp. It also establishes a Federal plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plan. The program includes provisions for maintaining information on the land where hemp is produced, testing the levels of delta-9 tetrahydrocannabinol, disposing of plants not meeting necessary requirements, licensing requirements, and ensuring compliance with the requirements of the new part.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, 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 the currently approved information collection for report forms under the Federal milk marketing order program.
Grapes Grown in Designated Area of Southeastern California and Imported Table Grapes; Removing Varietal Exemptions; Withdrawal
The U.S. Department of Agriculture withdraws a proposed rule recommended by the California Desert Grape Administrative Committee (Committee) to remove varietal exemptions from the California table grape marketing order and the table grape import regulation as well as to remove administrative exemptions previously granted for certain varieties of imported grapes. After reviewing and considering the comments received, the proposed rule is being withdrawn.
Reorganization and Transfer of Regulations; Correction
The Agricultural Marketing Service is making correcting amendments pertaining to a final rule that appeared in the Federal Register on August 30, 2019. The final rule transferred certain regulations under the Farm Service Agency (FSA) and the Grain Inspection, Packers and Stockyards Administration (GIPSA) to the Agricultural Marketing Service (AMS) to reflect changes in the organizational structure and delegated authorities within the United States Department of Agriculture (USDA). The final rule also made corresponding revisions to the regulations to reflect the organizational changes.
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances per April 2018 NOSB Recommendations (Crops and Handling)
This final rule amends the National List of Allowed and Prohibited Substances (National List) section of the United States Department of Agriculture's (USDA's) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule adds elemental sulfur for use as a molluscicide in organic crop production, adds polyoxin D zinc salt to control fungal diseases in organic crop production, and reclassifies magnesium chloride from an allowed synthetic to an allowed nonsynthetic ingredient in organic handling.
Fruit and Vegetable Industry Advisory Committee (FVIAC): Notice of Intent To Renew Charter and Call for Nominations
This notice announces the following: The U.S. Department of Agriculture's (USDA) intent to renew the Charter of the Fruit and Vegetable Industry Advisory Committee (FVIAC); the solicitation of nominations for membership to fill three known vacancies on the FVIAC for appointment in 2020; and the solicitation of nominations for a pool of candidates to fill future unexpected vacancies in any of the position categories should that occur. FVIAC is seeking members who represent the fruit and vegetable industry including growers, shippers, wholesalers/distributors, brokers, retailers/restaurant representatives, state agencies, state departments of agriculture, foodservice suppliers, and fresh-cut and other fruit and vegetable processors. It should also include representatives of farmers markets and food hubs, organic and non- organic fruit and vegetable representatives, farmer organizations, and produce trade associations. Please note that federally registered lobbyists cannot be considered for USDA advisory committee membership. Members can only serve on one USDA advisory committee at a time. All nominees will undergo a USDA background check. The following must be submitted to nominate yourself or someone else to the FVIAC: A resume (required), a USDA Advisory Committee Membership Background Information Form AD-755available online at https://www.ocio.usda.gov/document/ad-755 (required), a cover letter (required), and a list of endorsements or letters of recommendation (optional). The resume or curriculum vitae must be limited to five one- sided pages and should include a summary of the following information: Current and past organization affiliations; areas of expertise; education; career positions held; and any other notable positions held. For submissions received that are more than five one-sided pages in length, only the first five pages will be reviewed.
National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances per October 2018 NOSB Recommendations (Crops and Handling)
This proposed rule would amend the National List of Allowed and Prohibited Substances (National List) section of the United States Department of Agriculture's (USDA's) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule proposes to add blood meal, made with sodium citrate, to the National List as a soil fertilizer in organic crop production; add natamycin to the National List to prohibit its use in organic crop production; and add tamarind seed gum as a non-organic agricultural substance for use in organic handling when organic forms of tamarind seed gum are not commercially available.
National Organic Program: Request for an Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, 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 National Organic Program (NOP) Reporting and Recordkeeping Requirements.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2019 Amendments)
The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, increasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is updating the Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment in 2018.
Fruit Crops; Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension and revision to the approved forms and generic information collection for marketing orders covering fruit crops.
National Organic Program: USDA Organic Regulations
This document announces the renewal of substance exemptions as listed on the National List of Allowed and Prohibited Substances (National List) within the U.S. Department of Agriculture's (USDA) organic regulations. This document reflects the outcome of the 2019 sunset review process and addresses recommendations submitted to the Secretary of Agriculture (Secretary), through the USDA's Agricultural Marketing Service (AMS), by the National Organic Standards Board (NOSB).
Tart Cherries; Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intent to request an extension for and revision to a currently approved information collection for Tart Cherries Grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, pursuant to Marketing Order No. 930.
Tart Cherries Grown in the States of Michigan, et al.; Free and Restricted Percentages for the 2018-19 Crop Year and Revision of Grower Diversion Requirements for Tart Cherries
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to establish free and restricted percentages for the 2018-19 crop year under the Marketing Order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This action establishes the proportion of tart cherries from the 2018-19 crop which may be handled in commercial outlets. This action also revises the regulations regarding grower diversion. This action should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns.
Marketing Order Regulating the Handling of Apricots Grown in Designated Counties in Washington; Increased Assessment Rate
This proposed rule would implement a recommendation from the Washington Apricot Marketing Committee (Committee) to increase the assessment rate established for the 2019-2020 and subsequent fiscal periods. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Tomatoes Grown in Florida; Proposed Amendments to the Marketing Order No. 966
This proposed rule invites comments on proposed amendments to Marketing Order No. 966, which regulates the handling of tomatoes grown in Florida. The proposed amendments would change the Florida Tomato Committee's (Committee) size, length of the terms of office, and quorum requirements.
National Organic Program; Origin of Livestock
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) is reopening the comment period on our April 28, 2015, proposed rule to amend the origin of livestock requirements for dairy animals under the USDA organic regulations. We are reopening the proposed rule's comment period for 60 days to give all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they are already incorporated into the public record and will be fully considered in any future final rule.
U.S. Standards for Grades of Apples
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is amending the U.S. Standards for Grades of Apples by removing smooth net-like russeting as a grade-determining factor in the U.S. Extra Fancy, U.S. Fancy, and U.S. No. 1 grades for Fuji apples. In addition, AMS is removing obsolete references to the location where color standards may be examined and purchased. The changes modernize the standards and meet consumer demand by providing greater marketing flexibility.
Results of Soybean Request for Referendum
The results of the Agricultural Marketing Service's (AMS) Request for Referendum indicate that too few soybean producers wanted a referendum on the Soybean Promotion and Research Order (Order) for one to be conducted. The Request for Referendum was conducted from May 6, 2019, through May 31, 2019, at the U.S. Department of Agriculture's (USDA) Farm Service Agency county offices. To trigger a referendum, 51,501 soybean producers, 10 percent of the total nationwide soybean producers, needed to complete a valid Request for Referendum. The total number of soybean producers participating in the referendum was 794. The number of valid petitions received was 708.
Vidalia Onions Grown in Georgia; Continuance Referendum
This document directs that a referendum be conducted among eligible producers of Vidalia onions to determine whether they favor continuance of the marketing order regulating the handling of Vidalia onions produced in Georgia.
Almonds Grown in California; Amendments to Marketing Order 981
This rulemaking action amends Marketing Order No. 981, which regulates the handling of almonds grown in California. The three amendments, which were proposed by the Almond Board of California (Board), were approved by producers in a referendum. The amendments will change the dates associated with the Board's nomination process, modify the term of office start date for Board members, and add authority for future revisions to these provisions through the development of regulations using informal rulemaking.
Tomatoes Grown in Florida; Redistricting and Reapportionment of Producer Districts
This rule implements a recommendation from the Florida Tomato Committee (Committee) to redistrict and reapportion producer representation on the Committee currently prescribed under the marketing order for tomatoes grown in Florida. This action will reduce the number of districts from four to two and reapportion producer membership on the Committee to provide equitable representation from both districts.
Opportunity for Designation in the South Carolina Area
The Agricultural Marketing Service (AMS) is temporarily extending the South Carolina Department of Agriculture's (SCDA) designation as provider of Federal Grain Inspection Service (FGIS) official services for the State of South Carolina, until December 31, 2019. AMS administers FGIS programs.
Notice of Request for Renewal of a Recordkeeping Burden; Correction
In accordance with the Paperwork Reduction Act of 1995, the Agricultural Marketing Service (AMS) is issuing a correction to the notice published in the Federal Register on February 20, 2019 (Vol. 84, No. 34, pages 5046-5047). The previously published notice, which informed the public of AMS's request to the Office of Management and Budget (OMB) for renewal of a recordkeeping burden for the information collection for the Export Fruit Acts covering exports of apples and grapes, referenced an incorrect set of burden calculations. Current burden calculations are included in the Supplementary Information section below. Additional Information: Contact Andrew Hatch, Chief, Program Services Branch, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Room 1406-S, Washington, DC 20250-0237; Telephone (202) 720-6862 or Email: andrew.hatch@usda.gov. Small businesses may request information on complying with the regulation and responding to this notice by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, DC 20250- 0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: richard.lower@usda.gov.
Official United States Standards for Grain
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) will not pursue changes to the United States (U.S.) Standards for Corn and Soybeans under the United States Grain Standards Act (USGSA).
Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Change in Membership, Nominations, Procedures, and Continuance Referenda Period
This rule changes the membership, nominations, procedures, and continuance referenda period for the Softwood Lumber Board (Board) established under the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order). The Board administers the Order with oversight by the U.S. Department of Agriculture (USDA). This action will also make administrative changes to other provisions of the Order.
Dried Prunes Produced in California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the Prune Marketing Committee (Committee) to decrease the assessment rate established for the 2019-20 and subsequent crop years from $0.28 to $0.25 per ton of salable dried prunes. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Processed Raspberry Promotion, Research, and Information Order; Termination
This final rule terminates the Processed Raspberry Promotion, Research, and Information Order (Order) in its entirety. This action is necessary because termination of the Order was favored by a majority of the eligible producers and importers voting in a referendum conducted from September 10 through October 5, 2018.
Marketing Order Regulating the Handling of Sweet Cherries Grown in Designated Counties in Washington; Decreased Assessment Rate
This proposed rule would implement a recommendation from the Washington Cherry Marketing Committee (Committee) to decrease the assessment rate established for the 2019-2020 and subsequent fiscal periods. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Voluntary Grading of Meats, Prepared Meats, Meat Products, Shell Eggs, Poultry Products, and Rabbit Products
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is amending its regulations governing the voluntary grading and certification relating to meats, prepared meats, meat products, shell eggs, poultry products, and rabbit products. Amendments include changing terminology to scheduled and non-scheduled, billing of holidays, billing excessive hours over and above agreement hours, and removing the administrative volume charge. Amendments will standardize and align billing practices for services provided by the Livestock and Poultry Program.
Amendments to the Regulations Governing Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards)
This final rule informs the public that the U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is amending its regulations to update a number of outdated administrative and organizational references, clarify agency action as it relates to the withdrawal or denial of service, update the official shields and grademarks associated with the grading service, and make reference to the use of instrument grading equipment as a means of determining official grades on beef and lamb carcasses.
Establishment of a Milk Donation Reimbursement Program
This rule establishes the Milk Donation Reimbursement Program. Under the program, eligible dairy organizations that account to a Federal milk marketing order marketwide pool and incur qualified expenses related to certain fluid milk product donations may apply for and receive limited reimbursements to cover those expenses. A provision of the 2018 Farm Bill requires establishment of this program. The program is intended to reduce food waste and provide nutrition assistance to individuals in low-income groups.
Reorganization and Transfer of Regulations
This rule transfers certain regulations under the Farm Service Agency (FSA) and the Grain Inspection, Packers and Stockyards Administration (GIPSA) to the Agricultural Marketing Service (AMS) to reflect changes in the organizational structure and delegated authorities within the United States Department of Agriculture (USDA). This rule also makes corresponding revisions to the regulations to reflect the organizational changes. This action is necessary to enable the AMS Administrator to issue, maintain, and revise as necessary regulations related to programs under the AMS Administrator's delegated authority.
Fees for Rice Inspection Services and Removal of Specific Fee References
The Agricultural Marketing Service (AMS) invites comments on a proposal to reduce the fees for the sampling, inspection, weighing, and certification of rice performed under authority of the Agricultural Marketing Act of 1946 (AMA), as amended. Under the proposal, fees would decrease by 20 percent for fiscal year (FY) 2020 and by another 20 percent for FY 2021. The proposed changes are necessary to lower the balance in the program's operating reserve to a level adequate to cover three to six months' expenses. AMS is also proposing to adopt standardized AMS user-fee calculations used in other AMS programs for rice inspection services beginning in FY 2022.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Increased Assessment Rate
This rule implements a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to increase the assessment rate established for the 2019-2020 and subsequent marketing years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
2019 Rates Charged for AMS Services
On April 30, 2019, the Agricultural Marketing Service (AMS) published a notice announcing the 2019 rates it will charge for voluntary grading, inspection, certification, auditing, and laboratory services for a variety of agricultural commodities including meat and poultry, fruits and vegetables, eggs, dairy products, and cotton and tobacco. This document makes corrections to the overtime and holiday rates charged to grade specialty crops.
United States Warehouse Act Administrative Fees
The Agricultural Marketing Service (AMS) is announcing the fees it will charge warehouse operators for voluntary services associated with the administration of the United States Warehouse Act. This action establishes the license action fees, service license fees, inspection fees, and annual user fees for warehouse services for fiscal year 2020, which begins October 1, 2019. AMS is increasing all these fees by approximately 10 percent to ensure fee levels are sufficient to cover the full cost of program administration.
Transportation and Marketing Program; Notice of Extension and Request for Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to seek renewal and extension of its current approval from the Office of Management and Budget to collect information for eight competitive and one non-competitive AMS Grant Programs administered by its Grants Division. Three of these programs were created pursuant to the Agriculture Improvement Act of 2018 (Farm Bill), thereby increasing the number of respondents who are potentially subject to this information collection. However, the reporting requirements should remain the same across all of the grant programs.
Grain Inspection Advisory Committee Meeting
Pursuant to the Federal Advisory Committee Act, this constitutes notice of the upcoming meeting of the Agricultural Marketing Service (AMS) Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise the AMS on the programs and services delivered under the U.S. Grain Standards Act. Recommendations by the Advisory Committee help AMS better meet the needs of its customers who operate in a dynamic and changing marketplace. The realignment of offices within the U.S. Department of Agriculture authorized by the Secretary's Memorandum dated November 14, 2017, eliminates the Grain Inspection, Packers and Stockyards Administration (GIPSA) as a standalone agency. The grain inspection activities formerly part of GIPSA are now organized under AMS.
Meeting of the Fruit and Vegetable Industry Advisory Committee
In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the Fruit and Vegetable Industry Advisory Committee (Committee). The meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and provide recommendations and ideas to the Secretary of Agriculture on how the U.S. Department of Agriculture (USDA) can tailor programs and services to better meet the needs of the U.S. produce industry.
Olives Grown in California; Increased Assessment Rate
This rule implements a recommendation from the California Olive Committee (Committee) to increase the assessment rate for California olives handled under Marketing Order No. 932. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Removal of U.S. Grade Standards
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that removed seven voluntary U.S. grade standards and one consumer standard for fresh fruits and vegetables from the Code of Federal Regulations (CFR). The removal will save the Agricultural Marketing Service (AMS) resources as the cost of printing the eight standards annually exceeds the benefits of their further inclusion in the CFR.
Almonds Grown in California; Continuance Referendum
This document directs that a referendum be conducted among eligible almond growers to determine whether they favor continuance of the marketing order regulating the handling of almonds grown in California.
Regulations and Procedures Under the Plant Variety Protection Act
Comments are invited on proposed revisions to the regulations, fees for services, and procedures established under the Plant Variety Protection Act. The proposed revisions are needed to conform with recent amendments to the Plant Variety Protection Act, which added authority for the Plant Variety Protection Office to issue certificates of protection for varieties of plants that are reproduced asexually. The proposed rule would add references to the term ``asexual reproduction'' to the regulations established under the Act. The proposed rule would also modernize the regulations by simplifying the fee schedule for PVPO services and updating the regulations relating to administrative procedures to reflect current business practices.
Almonds Grown in California; Revisions to the Accepted User Program Requirements and New Information Collection
This proposed rule would implement a recommendation from the Almond Board of California (Board) to revise the almond accepted user program requirements currently prescribed under the Marketing Order for Almonds Grown in California (Order). In addition, this action would prohibit the transfer of inedible material between accepted users. This proposal also announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) of a new information collection and to make a conforming change to an existing form.
Paper and Paper-Based Packaging Promotion, Research and Information Order; Change in Membership and Nominations
This rule changes the membership and nomination procedures of the Paper and Packaging Board (Board). The Paper and Paper-Based Packaging Promotion, Research and Information Order (Order) is administered by the Board with oversight by the U.S. Department of Agriculture (USDA). This rule also makes administrative changes to other provisions of the Order.
Raisins Produced From Grapes Grown in California; Order Amending Marketing Order No. 989; Corrections
This amendment implements corrections to typographical and miscellaneous errors in Marketing Order 989, as amended, regulating the handling of raisins produced from grapes grown in California. These changes include removing one duplicate use of the word ``Committee'' and standardizing several occurrences of non-hyphenated words to their hyphenated form. This document is necessary to inform the public of these non-substantive amendments to the marketing order.
Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Change in Membership, Nominations, Procedures, and Continuance Referenda Period
This proposal invites comments on changing the membership, nominations, procedures, and continuance referenda period for the Softwood Lumber Board (Board) established under the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order). The Board administers the Order with oversight by the U.S. Department of Agriculture (USDA). This proposal would also make administrative changes to other provisions of the Order.
Opportunity for Designation in the South Carolina Area
The interim designation of the South Carolina Department of Agriculture will end on September 30, 2019. We are asking persons or governmental agencies interested in providing official services in the areas presently served by this agency to submit an application for designation. The realignment of offices within the U.S. Department of Agriculture authorized by the Secretary's Memorandum dated November 14, 2017, eliminates the Grain Inspection, Packers and Stockyards Administration (GIPSA) as a standalone agency. The grain inspection activities formerly part of GIPSA are now organized under the Agricultural Marketing Service.
Proposed Posting, Posting, and De-posting of Stockyards
The Agricultural Marketing Service (AMS), USDA, is taking several actions to post and de-post stockyards under the Packers and Stockyards Act (P&S Act). Specifically, we are proposing that 10 stockyards now operating subject to the P&S Act be posted. We are also posting six stockyards that were identified previously as operating subject to the P&S Act and de-posting two stockyards that no longer meet the definition of a stockyard.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Increased Assessment Rate
This proposed rule would implement a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to increase the assessment rate established for the 2019-2020 and subsequent marketing years. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
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