Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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Kiwifruit Grown California; Decreased Assessment Rate
U.S. Department of Agriculture published a final rule on December 26, 2018, to implement a recommendation from the Kiwifruit Administrative Committee (Committee) to decrease the assessment rate established for the 2018-2019 and subsequent fiscal periods. This correction addresses a typographical error in that final rule.
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; Amendment to Marketing Order 929 and Referendum Order
This final rule amends Marketing Order No. 929, which 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. The amendment, which was proposed by the Cranberry Marketing Committee (Committee), was approved by growers and processors in the referendum. This action authorizes the Committee to accept contributions from domestic sources for research and development activities authorized under the marketing order that would be free from any encumbrances as to their use by the donor.
National Organic Standards Board (NOSB): Call for Nominations
The National Organic Standards Board (NOSB) was established to assist in the development of standards for substances to be used in organic production and to advise the Secretary on the implementation of the Organic Foods Production Act of 1990 (OFPA). Through this Notice, the United States Department of Agriculture (USDA) is announcing its call for nominations to fill five vacancies. Descriptions of the five positions are listed below under supplementary information. Appointees will serve a five-year term beginning January 24, 2020 and ending January 23, 2025. Additionally, the USDA seeks nominations for a pool of candidates that the Secretary of Agriculture can draw upon as replacement appointees if unexpected vacancies occur.
Peanut Standards Board; Request for Nominations
The Farm Security and Rural Investment Act of 2002 (2002 Farm Bill) requires the Secretary of Agriculture (Secretary) 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 U.S. Department of Agriculture (USDA) is seeking nominations for individuals to be considered for selection as Board members for a term of office ending June 30, 2022.
Soybean Promotion, Research, and Information Program: Opportunity To Request a Referendum
The Agricultural Marketing Service (AMS) announces that soybean producers may request a referendum to determine if producers want the Secretary to conduct a referendum on the Soybean Promotion and Research Order (Order), as authorized under the Soybean Promotion, Research, and Consumer Information Act (Act). Participation in the Request for Referendum is voluntary. Producers should participate only if they wish to request a referendum on the program. If at least 10 percent (not in excess of one-fifth of which may be producers in any one State) of the 515,008 eligible producers, as determined by the U.S. Department of Agriculture (USDA), participate in the Request for Referendum, a referendum will be held within 1 year from that determination. If results of the Request for Referendum indicate that a referendum is not supported, a referendum would not be conducted. The results of the Request for Referendum will be published in a Notice in the Federal Register.
Domestic Dates Produced or Packed in Riverside County, California; Increased Assessment Rate
This rule implements a recommendation from the California Date Administrative Committee (Committee) to increase the assessment rate for the 2018-19 and subsequent crop years for California dates handled under Marketing Order 987. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
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 Swine Contract Library. OMB approved this information collection as OMB 0580-0021 under Grain Inspection, Packers and Stockyards (GIPSA). Due to the realignment of offices authorized by the Secretary's memorandum dated November 14, 2017, which eliminated the GIPSA as a standalone agency, the Swine Contract Library activities formerly part of GIPSA are now assigned a new OMB control number of 0581-0311.
Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; 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 for and revision to a currently approved information collection for Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas, Marketing Order No. 986.
Request for Renewal of OMB 0581-0125 Regulations Governing Inspection Certification of Fresh & Processed Fruits, Vegetables, & Other Products
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 (OMB) for the renewal of currently approved information collection of 0581-0125 Regulations Governing Inspection Certification of Fresh & Processed Fruits, Vegetables, & Other Products.
Pears Grown in Oregon and Washington; Change in Committee Structure for Processed Pears
This final rule implements a recommendation from the Processed Pear Committee (Committee) to change the Committee's membership structure. This action removes the second alternate member position from the Committee structure, leaving ten member positions and one alternate position for each respective member.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
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 the currently approved information collection of the Seed Service Testing Program.
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 of the Federal Seed Act Labeling and Enforcement.
Notice of Request for 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 (OMB) for an extension of the currently approved information collection, ``Livestock, Poultry, and Grain Market News'' (OMB 0581-0033). This information collection is used to compile and generate market reports covering livestock, poultry, meat, eggs, grain, and their related products, as well as locally produced and marketed products.
Federal Milk Marketing Orders-Amending the Class I Skim Milk Price Formula
This final rule amends the Class I skim milk price formula for milk pooled under Federal milk marketing orders (FMMO) as required by the Agriculture Improvement Act of 2018 (2018 Farm Bill). Under the amended price formula, the Class I skim milk price will be the simple average of the monthly advanced pricing factors for Class III and Class IV skim milk, plus $0.74 per cwt, plus the applicable adjusted Class I differential. Prior to this amendment, the Class I skim milk price was the higher of the two advanced pricing factors, plus the applicable adjusted Class I differential.
Christmas Tree Promotion Research, and Information Order; Referendum
This document directs that a referendum be conducted among eligible producers and importers of Christmas trees to determine whether they favor continuance of the Agricultural Marketing Service's (AMS) regulations regarding a national Christmas tree research and promotion program.
Peanut Promotion, Research and Information Order; Continuance Referendum
This document directs that a referendum be conducted among eligible producers of peanuts to determine whether they favor continuance of the Agricultural Marketing Service (AMS) regulations regarding a national peanut research and promotion program.
Fresh Fruits, Vegetables and Other Products Inspection, Certification and Standards and Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products; Removal of Power of Attorney and Other Administrative Changes
This rule modifies regulations and standards issued pursuant to the Agricultural Marketing Act of 1946 by removing references to power of attorney. Further, this rule modifies language to ensure consistency between the regulations and standards for fresh and processed fruits and vegetables. Power of Attorney is an outdated, cumbersome tool that increases the cost and record retention requirements for stakeholders when conducting business. We are making these changes to eliminate these requirements. This will allow us to provide services to our customers faster and without the financial and record retention burden. The functions of the Power of Attorney are currently done by a Supervisor or ``inspector in charge''.
Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Revision of Reporting Requirements
This rule revises the reporting requirements under the Federal marketing order for pecans. The revised reporting requirements will enable the American Pecan Council (Council) to collect information from handlers on the average handler price paid and the average shelled pecan yield. The Council will use this information to provide important statistical reports to the industry and meet requirements under the marketing order.
2018 Farm Bill Implementation Listening Session on Hemp
In preparing to implement the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill), the Agricultural Marketing Service (AMS) will host a listening session for initial public input about a new program to regulate hemp production. The listening session will provide interested parties with an opportunity to assist the Agency's future rulemaking efforts by sharing their views on how the United States Department of Agriculture (USDA) can partner with agriculture agencies representing states, territories, and Indian tribes to implement a nationwide program for overseeing the production of industrial hemp.
Reauthorization of Dairy Forward Pricing Program
This final rule reauthorizes the Dairy Forward Pricing Program (DFPP) in accordance with the Agriculture Improvement Act of 2018 (2018 Farm Bill). Establishing new contracts under the DFPP has been prohibited since the expiration of the program on September 30, 2018. The 2018 Farm Bill reauthorized the program to allow handlers to enter into new contracts until September 30, 2023. Any forward contract entered prior to the September 30, 2023, deadline is subject to a September 30, 2026, expiration date.
Almonds Grown in California; 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 for and revision to a currently approved information collection for Almonds Grown in California, Marketing Order No. 981.
Mango Promotion, Research and Information Order; Amendment To Include Frozen Mangos
This rule amends the Agricultural Marketing Service's (AMS) regulations regarding a fresh mango national research and promotion program to include frozen mangos as a covered commodity under the Mango Promotion, Research and Information Order. The importers of frozen mangos will be assessed one cent ($0.01) per pound on frozen mangos. Also, the National Mango Board's (Board) membership will be expanded from 18 to 21 with the addition of two importers of frozen mangos and one foreign processor.
Mango Promotion, Research and Information Order; Referendum on Inclusion of Frozen Mangos
This document directs that a referendum be conducted among eligible first handlers and importers of mangos to determine whether they favor the inclusion of frozen mangos as a covered commodity under the Mango Promotion, Research and Information Order (Order).
Processed Raspberry Promotion, Research, and Information Order; Termination of Assessments
This rule removes the requirement in the Processed Raspberry Promotion, Research, and Information Order (Order) that each eligible producer of raspberries for processing and eligible importer of processed raspberries pay to the National Processed Raspberry Council (Council) an assessment in the amount of one cent per pound as specified in the Order. The remaining provisions of the Order and regulations issued thereunder will terminated at a later date. This action is necessary because termination of the Order was favored by a majority of the eligible producers and eligible importers voting in a referendum conducted from September 10 through October 5, 2018.
Notice of Request for Renewal of a Recordkeeping Burden
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request for renewal a recordkeeping burden for the information collection for the Export Fruit Acts covering exports of apples and grapes.
Irish Potatoes Grown in Southeastern States; Termination of Marketing Order 953
This final rule terminates the Federal marketing order regulating the handling of Irish potatoes grown in Southeastern states (Order). The Order has been suspended, at the industry's recommendation, since 2011. Because the industry has not petitioned to have the Order reactivated in accordance with the terms of the suspension, the Agricultural Marketing Service (AMS) is terminating the Order.
National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances for April 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 elemental sulfur for use as a molluscicide in organic crop production, add polyoxin D zinc salt to control fungal diseases in organic crop production, and reclassify magnesium chloride from an allowed synthetic to an allowed nonsynthetic ingredient in organic handling.
Olives Grown in California; Establish Procedures To Meet Via Electronic Communications
This rule implements a recommendation from the California Olive Committee (Committee) to establish procedures to conduct meetings and voting using electronic means of communication.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2019-2020 Marketing Year
This proposed rule invites comments on a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to establish salable quantities and producer allotments of Class 1 (Scotch) and Class 3 (Native) spearmint oil produced in Washington, Idaho, Oregon, and designated parts of Nevada and Utah (the Far West) for the 2019-2020 marketing year. This proposed rule would also remove references to past volume regulation no longer in effect.
Mushroom Promotion, Research, and Consumer Information Order; Reallocation of Council Membership
This proposal invites comments on reallocating the membership of the Mushroom Council (Council) under the Agricultural Marketing Service's (AMS) regulations regarding a national research and promotion program for mushrooms. This action was recommended by the Council after a review of the geographic distribution of the volume of mushroom production throughout the United States and the volume of imports. The number of Council members would be revised in two of the four geographic regions under the program. This action is necessary to provide for equitable representation of producers and importers on the Council.
Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Decreased Assessment Rate
This rule implements a recommendation from the Citrus Administrative Committee (Committee) to decrease the assessment rate established for the 2018-19 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Raisins Produced From Grapes Grown in California; Increased Assessment Rate
This rule implements a recommendation from the Raisin Administrative Committee (Committee) to increase the assessment rate established for the 2018-19 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Amendments to the Regulations Governing Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards)
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) proposes to amend 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.
Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order; Change in Membership
This rule changes the National Honey Board (Board) importer- handler member and alternate to an importer member and alternate. The Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order (Order) is administered by the Board with oversight by the U.S. Department of Agriculture (USDA). This rule also updates the definition for the term Board to reflect current practices, and make clarifying and conforming changes to other provisions of the program.
Removal of U.S. Grade Standards
This rule will remove seven voluntary U.S. grade standards and one consumer standard for fresh fruits and vegetables from the Code of Federal Regulations (CFR). This regulatory action is being taken as part of USDA's work to eliminate regulations that are outdated, unnecessary, ineffective, or impose costs that exceed benefits. None of the eight voluntary standards slated for removal from the CFR are related to a current, active marketing order, import regulation, or export act. The cost of printing these eight standards in the CFR annually exceeds the benefits of further inclusion in the CFR. These voluntary standards and all subsequent revisions or new standards for these products will be available in a separate publication. The standards for the affected commodities will continue to be administered by the AMS Specialty Crops Inspection (SCI) Division and catalogued using the existing numbering system for voluntary standards. Any proposed, new, or revised voluntary standards will appear in the Federal Register with the opportunity for public comment.
Irish Potatoes Grown in Colorado; Handling Regulation for Area No. 2
This proposed rule invites comments on a recommendation to revise the size requirements currently prescribed under the federal marketing order for Irish potatoes grown in Colorado. This action would revise the minimum size requirement for U.S. No. 2 or better grade round potatoes to align with the current size requirements for all other types of U.S. No. 2 or better grade potatoes. In addition, this rule would revise the size requirements for smaller size profile U.S. Commercial grade or better potatoes.
Notice of Request for Extension of a Currently Approved Information Collection for Commodities Covered by the Livestock Mandatory Reporting Act of 1999
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 (OMB) for an extension of the currently approved information collection used to compile and generate cattle, swine, lamb, boxed beef, and wholesale pork Market News reports under the Livestock Mandatory Reporting Act of 1999 (1999 Act) (OMB 0581-0186).
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances (Crops, Livestock and Handling)
This final rule amends the National List of Allowed and Prohibited Substances (National List) provisions of the U.S. 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 changes the use restrictions for seventeen substances allowed for organic production or handling on the National List. This rule also adds sixteen new substances on the National List to be allowed in organic production or handling. In addition, this final rule lists the botanical pesticide, rotenone, as a prohibited substance in organic crop production. This final rule removes ivermectin as an allowed parasiticide for use in organic livestock production and amends our regulations to allow the use of parasiticides in fiber bearing animals. Finally, this rule inserts corrections of instructions and regulation text as listed in the proposed rule.
Kiwifruit Grown California; Decreased Assessment Rate
This rule implements a recommendation from the Kiwifruit Administrative Committee (Committee) to decrease the assessment rate established for the 2018-2019 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
National Bioengineered Food Disclosure Standard
This rule establishes the new national mandatory bioengineered (BE) food disclosure standard (NBFDS or Standard). The new Standard requires food manufacturers, importers, and other entities that label foods for retail sale to disclose information about BE food and BE food ingredients. This rule is intended to provide a mandatory uniform national standard for disclosure of information to consumers about the BE status of foods. Establishment and implementation of the new Standard is required by an amendment to the Agricultural Marketing Act of 1946.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Proposed Amendments to Marketing Order 956 and Referendum Order
This document proposes amendments to Marketing Order No. 956, which regulates the handling of sweet onions grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon. The Walla Walla Sweet Onion Marketing Committee (Committee) recommended changing the Committee's size, quorum, and voting requirements. The Committee also recommended changing the term of office and staggered term limits so that the term of office for producers and handlers would be two fiscal periods instead of three fiscal periods, and one-half instead of one- third of the producer and handler member terms would expire every year.
Designation for the Georgia Area Consisting of the Entire State of Georgia
The Agricultural Marketing Service (AMS) is announcing the designation of D.R. Schaal Agency, Inc. (Schaal) to provide official services under the United States Grain Standards Act (USGSA), as amended. 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.
Pears Grown in Oregon and Washington; Change in Committee Structure for Processed Pears
This proposed rule invites comments on a recommendation from the Processed Pear Committee (Committee) to change the Committee's membership structure. This action would remove the second alternate member position from the Committee structure, leaving ten member positions and one alternate position for each respective member.
Solicitation of Nominations for Members of the USDA Grain Inspection Advisory Committee
The Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking nominations for individuals to serve on the USDA Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise AMS on the programs and services it delivers under the U.S. Grain Standards Act (USGSA). 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 Stockyard Administration (GIPSA) as a standalone agency. The grain inspection activities formerly part of GIPSA are now organized under AMS.
Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (PRA), this notice announces AMS's intention to request that the Office of Management and Budget (OMB) approve a 3-year extension and revision to a currently approved information collection; a voluntary customer survey concerning the delivery of official inspection, grading, and weighing services authorized under the United States Grain Standards Act (USGSA) and the Agricultural Marketing Act of 1946 (AMA). OMB approved this information collection as OMB 0580-0018 under Grain Inspection, Packers and Stockyards (GIPSA). Due to the realignment of offices authorized by the Secretary's memorandum dated November 14, 2017, which eliminated the GIPSA as a standalone agency, the grain inspection activities formerly part of GIPSA are now under the Agricultural Marketing Service (AMS) and assigned a new OMB control number of 0581-0310. This voluntary survey gives customers who are primarily in the grain, oilseed, rice, lentil, dry pea, edible bean, and related agricultural commodity markets an opportunity to provide feedback on the quality of services they receive and provides AMS with information on new services that customers wish to receive. Customer feedback assists Federal Grain Inspection Service (FGIS) with enhancing the value of services and service delivery provided by the official inspection, grading, and weighing system.
Pears Grown in Oregon and Washington; Decreased Assessment Rate for Processed Pears
This final rule implements a recommendation from the Processed Pear Committee (Committee) to decrease the assessment rate established for ``summer/fall'' varieties of pears for canning for the 2018-2019 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Meeting of the National Organic Standards Board
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 National Organic Standards Board (NOSB). The NOSB assists the USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act (OFPA).
Olives Grown in California; Establish Procedures To Meet Via Electronic Communications
This proposed rule invites comments on a recommendation made by the California Olive Committee (Committee) to establish procedures to conduct meetings and voting using electronic means of communication.
Almonds Grown in California; Proposed Amendments to Marketing Order 981 and Referendum Order
This rulemaking proposes amendments to Marketing Order No. 981, which regulates the handling of almonds in California. The Almond Board of California (Board) recommended changing the dates associated with the process to nominate members to the Board as well as the start of the term of office of members of the Board. The Board also recommended adding authority to allow future revisions of the nomination methods and term of office start date through the development of regulations using informal rulemaking.
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