Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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Olives Grown in California; Decreased Assessment Rate
This action decreases the assessment rate established for the 2024 fiscal year and subsequent fiscal years for California olives as recommended by the California Olive Committee. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Cranberries Grown in Massachusetts, et al.; Termination of Marketing Order and Data Collection Requirements for Cranberries Not Subject to the Marketing Order
This rulemaking terminates Federal Marketing Order No. 929 regulating 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, and the rules and regulations issued thereunder. The data collection, reporting and recordkeeping requirements applicable to cranberries not subject to the marketing order are also terminated (7 CFR part 926). This rulemaking also removes the marketing order from the Code of Federal Regulations.
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). The committee is governed in accordance with the Federal Advisory Committee Act. Recommendations by the Advisory Committee help AMS better meet the needs of its customers who operate in a dynamic and changing marketplace.
Watermelon Research and Promotion Plan; Increased Assessment Rate
This proposed rulemaking would implement a recommendation from the National Watermelon Promotion Board to increase the assessment rate from six cents per hundredweight to nine cents per hundredweight. Domestic watermelon producers of 10 acres or more and domestic first handlers of watermelons would each pay four and a half cents per hundredweight, and importers of 150,000 pounds or more annually of watermelons would pay nine cents per hundredweight. This proposed rulemaking would also amend current regulatory language to correct non- substantive and typographical errors.
Fruit and Vegetable Industry Advisory Committee Call for Nominations
The Fruit and Vegetable Industry Advisory Committee (FVIAC or Committee) was established to develop recommendations for submission to the Secretary of Agriculture (Secretary) on issues affecting the U.S. produce industry. Through this notice, the USDA is requesting nominations to fill up to 25 upcoming vacancies on the FVIAC. The Secretary will appoint industry representative to serve a two-year term of office that would commence in 2024. The Secretary invites those individuals, organizations, and groups affiliated with the categories listed in the SUPPLEMENTARY INFORMATION section to nominate individuals or themselves for membership on the FVIAC.
Tomatoes Grown in Florida; Increased Assessment Rate
This rulemaking implements a recommendation from the Florida Tomato Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods from $0.025 to $0.035 per 25-pound container of tomatoes or equivalent. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Fair and Competitive Livestock and Poultry Markets
The United States Department of Agriculture's (USDA or Department) Agricultural Marketing Service (AMS) proposes to amend the regulations under the Packers and Stockyards Act of 1921 (the P&S Act or the Act) to clarify the unfair practices that the P&S Act prohibits. The proposed rule would define unfair practices as conduct that harms market participants and conduct that harms the market. Combined, these comprehensively define the contours of "unfair practices" under the P&S Act. The purpose of this proposed rule is to promote fair and competitive markets in the livestock, meats, poultry, and live poultry markets.
U.S. Grade Standards for Pecans in the Shell and Shelled Pecans
The Agricultural Marketing Service (AMS) is revising the U.S. Standards for Grades of Pecans in the Shell and the U.S. Standards for Grades of Shelled Pecans by replacing the current grades with U.S. Extra Fancy, U.S. Fancy, U.S. Choice, and U.S. Standard grades. In addition, AMS is updating terminology, definitions, and defect scoring guides.
Section 8e Import Inspection Fee Structure
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the regulations governing the inspection and certification for fresh fruits, vegetables, and other products by amending certain fees charged for Section 8e import inspections from a per-carlot basis to a per-pound basis, reducing the fee for each additional sublot by 50 percent, and establishing a new fee calculation for lots less than a carlot. These revisions are necessary to recover, as nearly as practicable, the costs of performing inspection services on imported commodities in accordance with the Agricultural Marketing Agreement Act of 1937.
Soybean Promotion and Research: Adjustments to Representation on the United Soybean Board
The Agricultural Marketing Service (AMS) proposes to 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 2021. 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. The proposed changes would result in a decrease in Board membership for the State of North Dakota from 4 members to 3 members and an increase in Board membership for the State of New York from 1 member to 2 members, thus the total number of Board members would remain at 77. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective with the Secretary of Agriculture's (Secretary) appointments for terms in the year 2025.
Notice of Request for an Extension of a Currently Approved Information Collection: Qualitative Feedback on Agency Service Delivery
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 a currently approved information collection associated with qualitative customer and stakeholder feedback on service delivery by the AMS.
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 (OMB) for an extension of and revision to the currently approved information collection 0581-0328 for the Pecan Promotion, Research, and Information Program.
Poultry Grower Payment Systems and Capital Improvement Systems
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS or the Agency) is soliciting comments on proposed revisions to its regulations under the Packers and Stockyards Act, 1921 (P&S Act or Act). The proposal would prohibit certain payment practices under poultry grower ranking systems (commonly known as tournaments) in contract poultry production for broiler chickens, require live poultry dealers (LPDs) to adopt policies and procedures for operating a fair ranking system for broiler growers, and require LPDs to provide certain information to broiler growers when the LPD requests or requires the grower to make additional capital investments (ACIs). AMS proposes these changes in response to numerous complaints from growers about the use of tournament systems. AMS intends for the proposed regulations to increase transparency and address deception and unfairness in broiler grower payments, tournament operations, and capital improvement systems.
Fees for Official Inspection and Weighing Services Under the United Stated Grain Standards Act
The Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS or the Service) is revising the fee schedule for official inspection and weighing services performed under the United States Grain Standards Act (USGSA), as amended. Specifically, this interim rule announces the new rates for the remainder of fiscal year 2024, and until such time as new fees are set by a final rule. AMS intends to follow this rulemaking with a notice of proposed rulemaking establishing a new regulatory fee formula. The necessary and immediate changes to the current fees will prevent FGIS cessation of services due to insufficient required funding and, most urgently, avoid significant negative impacts to the $54 billion grain export industry. This interim rule will allow FGIS to fully recover the actual costs of providing services and re-establish a 3- to 6-month operating reserve, consistent with the USGSA, and, in doing so, ensure uninterrupted essential grain inspection services that enable U.S. companies to continue exporting and marketing U.S. grain around the world.
Meeting of the Advisory Committee on Universal Cotton Standards
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 Advisory Committee on Universal Cotton Standards (Committee). This meeting is being convened to review the Universal Standards for American Upland cotton that are prepared by USDA and make recommendations to the Secretary of Agriculture regarding the establishment, revision, or change of the standards.
Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Program
The U.S. Department of Agriculture (USDA) is seeking public input to support the preparation of proposed regulations intended to implement the Greenhouse Gas Technical Assistance Provider and Third- Party Verifier Program (the Program), particularly related to the criteria used to evaluate protocols and identification of specific protocols that should be considered for inclusion in the Program. The purpose of the Program is to facilitate farmer, rancher, and private forest landowner participation in voluntary carbon markets. This request for information provides an important step toward developing a meaningful Program consistent with the Growing Climate Solutions Act (GCSA).
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 approval from the Office of Management and Budget (OMB), for an extension of and revision to the currently approved information collection used in support of the voluntary grading and certification of meat, meat products, shell eggs, poultry products, rabbit products, and Audit Verification and Accreditation Programs (OMB 0581-0128).
Onions Grown in Certain Designated Counties in Idaho and Malheur County, Oregon; Increased Assessment Rate
This final rule implements a recommendation from the Idaho- Eastern Oregon Onion Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2024-2025 Marketing Year
This rule establishes salable quantities and allotment percentages for Class 1 (Scotch) and Class 3 (Native) spearmint oil produced in Washington, Idaho, Oregon, and parts of Nevada and Utah (Far West) for the 2024-2025 marketing year. This rule also removes references to past volume regulations no longer in effect.
Almonds Grown in California; Amendments to the Marketing Order
This rulemaking amends Marketing Order No. 981, which regulates the handling of almonds grown in California. This final rule modifies the definition of almonds and shelled almonds, establishes a definition for "almond biomass," and changes dates when the Almond Board of California (Board) conducts elections to coincide with assessment collections and when the Board submits volume regulation recommendations to USDA. The amendments modify certain marketing order provisions to facilitate orderly administration of the program. Additionally, the amendments modernize, simplify, or align language with current industry practices and definitions.
2024/2025 Rates Charged for AMS Services
The Agricultural Marketing Service (AMS) is announcing the 2024/2025 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, rice, and cotton and tobacco. The 2024/2025 regular, overtime, holiday, and laboratory services rates will be applied at the beginning of the crop year, fiscal year or as required by law depending on the commodity. Other starting dates are added to this notice based on cotton industry practices. This action establishes the rates for user-funded programs based on costs incurred by AMS. This year, cost-based analyses indicated the need to increase user fee rates when current rates are insufficient to cover the costs of providing the service. While cost-saving measures have and will continue to be implemented, user fee rate increases are necessary to offset rising operational costs. In cases where current rates are sufficient to cover the costs of providing the service, user fee rates remain unchanged.
Pears Grown in Oregon and Washington; Amendment to the Marketing Order
This rulemaking proposes an amendment to Marketing Order No. 927, which regulates the handling of pears grown in Oregon and Washington. The proposed amendment would revise the Fresh Pear Committee's approval requirement for recommending modifications to the marketing order's fresh pear handling regulations from 80 to 75 percent.
National Organic Standards Board: 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 U.S. Department of Agriculture (USDA) is announcing its call for nominations to fill five vacancies on the NOSB. The positions are listed below under SUPPLEMENTARY INFORMATION. Appointees will serve a 5-year term likely beginning January 23, 2025, and ending January 23, 2030. Additionally, USDA seeks nominations for a pool of candidates that the Secretary of Agriculture can draw upon as replacement appointees if unexpected vacancies occur.
Notice of Availability of the Final Programmatic Environmental Assessment and Finding of No Significant Impact for AMS Resilient Food Systems Infrastructure Program
The Agricultural Marketing Service (AMS) announces the availability of the Final Programmatic Environmental Assessment (PEA) and Finding of No Significant Impact (FONSI) for the Resilient Food Systems Infrastructure (RFSI) 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 (OMB), for an extension of and revision to the currently approved information collection "Laboratory Approval and Testing Division."
Onions Grown in South Texas; Increased Assessment Rate
This proposed rule would implement a recommendation from the South Texas Onion Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods from $0.05 to $0.08 per 50-pound container or equivalent for South Texas onions. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Tart Cherries Grown in the States of Michigan, et al.; Free and Restricted Percentages for the 2023-24 Crop Year
This proposed rule would implement a recommendation from the Cherry Industry Administrative Board (Board) to establish free and restricted percentages for the 2023-24 crop year under the Federal marketing order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This action would establish the proportion of tart cherries from the 2023-24 crop which may be handled in commercial outlets. This action should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns.
Grain Inspection Advisory Committee Meeting
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 Grain Inspection Advisory Committee (Committee). The Committee meets no less than once annually to advise the Secretary on the programs and services delivered by the AMS under the U.S. Grain Standards Act. Recommendations by the Committee help AMS meet the needs of its customers, who operate in a dynamic and changing marketplace.
Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate
This final rule implements a recommendation from the California Date Administrative Committee (Committee) to decrease the assessment rate established for the 2023-2024 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Pears Grown in Oregon and Washington; Increased Assessment Rate for Processed Pears
This rule implements a recommendation from the Processed Pear Committee (Committee) to increase the assessment rate established for the 2023-2024 fiscal period and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Pecan Promotion, Research, and Information Order: Referendum
Notice is hereby given of a referendum to be conducted among eligible producers and importers of pecans to determine whether they favor continuance of the Agricultural Marketing Service's (AMS) regulations regarding a national pecan research and promotion program.
National Bioengineered Food Disclosure Standard; Request for Information on Electronic and Digital Link Disclosures
The Agricultural Marketing Service of the USDA is soliciting information about potential amendments to the electronic or digital link disclosure option as it pertains to the National Bioengineered Food Disclosure Standard (Standard).
Raisins Produced From Grapes Grown in California; Increased Assessment Rate
This final rule implements a recommendation from the Raisin Administrative Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Onions Grown in South Texas; Redistricting and Reapportionment of Committee Membership
This proposed rule invites comments on implementing a recommendation from the South Texas Onion Committee (Committee) to reestablish the districts in the production area and reapportion representation on the Committee. This rulemaking would reduce the number of districts from two to one and reapportion membership to reflect changes in the industry, provide equitable representation on the Committee, and create the opportunity for more producers and handlers to serve on the Committee.
National Bioengineered Food Disclosure Standard; Annual Review of the List of Bioengineered Foods
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting information about potential additions to or subtractions from the List of Bioengineered Foods (List) as it pertains to the National Bioengineered Food Disclosure Standard (Standard).
Notice of Request for Extension and Revision of a Currently Approved Information Collection for Pistachios Grown in California, Arizona, and New Mexico
In accordance with the Paperwork Reduction Act, this notice announces the Agricultural Marketing Service's (AMS) intent to request an extension for and revision to a currently approved information collection for Pistachios Grown in California, Arizona, and New Mexico, pursuant to Federal Marketing Order No. 983.
Olives Grown in California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the California Olive Committee (Committee) to decrease the assessment rate established for the 2024 fiscal year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Fruit and Vegetable Industry Advisory Committee: Notice of Intent To Renew Charter
Through this Notice, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing its intent to renew the Charter of the Fruit and Vegetable Industry Advisory Committee (FVIAC), which expires May 23, 2024.
National Organic Program; Market Development for Mushrooms and Pet Food
The United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) proposes to amend the USDA organic regulations to clarify standards for organic mushrooms and organic pet food. Specific standards for these products do not currently exist. Instead, these products have been certified organic using the general organic standards for crops, livestock, and handling. However, this approach is not ideal as the current regulations do not address unique aspects of either product. AMS expects this rule would promote development of these markets by increasing regulatory certainty that would, in turn, encourage investment in the markets. The topics addressed by the proposed rule include sourcing of substrate and spawn in organic mushroom production, composting requirements for organic mushroom production, composition and labeling requirements for organic pet food, and the use of certain synthetic substances in organic pet food.
2024 Rates for Grain Inspection Services Under the United States Grain Standards Act
The Agricultural Marketing Service (AMS) is announcing the 2024 rates it will charge for official inspection and weighing services, supervision of official inspection and weighing services, and miscellaneous fees for other services performed under the United States Grain Standards Act, as amended. This action publishes the annual review of fees and the resulting fees.
Tomatoes Grown in Florida; Increased Assessment Rate
This proposed rule would implement a recommendation from the Florida Tomato Committee (Committee) to increase the assessment rate established for the 2023-2024 and subsequent fiscal periods from $0.025 to $0.035 per 25-pound container of tomatoes or equivalent. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Hazelnuts Grown in Oregon and Washington; Decreased Assessment Rate
This final rule implements a recommendation from the Hazelnut Marketing Board (Board) to decrease the assessment rate established for the 2023-2024 marketing year and subsequent marketing years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Inclusive Competition and Market Integrity Under the Packers and Stockyards Act
The U.S. Department of Agriculture's (USDA or Department) Agricultural Marketing Service (AMS or the Agency) amends its Packers and Stockyards Act, 1921, regulations to prohibit undue prejudice and unjust discrimination against individuals on a prohibited basis unrelated to the quality of the service or product provided. The rule also identifies retaliatory practices that interfere with lawful communications, assertion of rights, and associated participation, among other protected activities, as unjust discrimination prohibited by the law. Finally, the rule identifies deceptive practices that violate the Packers and Stockyards Act with respect to contract formation, contract performance, contract termination, and contract refusal. The purpose of this rule is to promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets.
Dried Prunes Produced in California; Suspension of the Marketing Order
This final rule suspends the Federal marketing order regulating dried prunes produced in California (Order) effective August 1, 2023, through July 31, 2030. After operating for 18 years without handling regulations, the Prune Administrative Committee (Committee) recommended the Agricultural Marketing Service (AMS) indefinitely suspend the Order. After reviewing the Committee's recommendation, AMS determined that regulatory suspension with a sunset provision of seven years is appropriate. This suspension period extends through the end of the 2029-2030 crop year and provides industry sufficient time to assess whether the Order's reinstatement is beneficial. If no recommendation is made by the Committee to reinstate the Order by the end of the 2029- 2030 crop year, AMS will proceed to terminate the Order.
Softwood Lumber Research, Promotion, Consumer Education, and Information Order; Adjustment to Membership
This proposal invites comments on the modification of the membership of the Softwood Lumber Board (Board) established under the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order). This action would modify the membership of the Board by adding the alternate position for certain seats and a public member. In addition, Harmonized Tariff Schedule (HTS) numbers for softwood lumber would be updated with the latest numbers from the U.S. International Trade Commission. The Board administers the Order with oversight by the U.S. Department of Agriculture (USDA).
Reauthorization of Dairy Forward Pricing Program
This final rule reauthorizes the Dairy Forward Pricing Program (DFPP) in accordance with the Further Continuing Appropriations and Other Extensions Act, 2024 (Extension Act), and makes two administrative changes to the provisions to include the California Federal milk marketing order in the list of eligible orders where use of a forward contract is applicable. Establishing new contracts under the DFPP was prohibited between the expiration of the program on September 30, 2023, and passage of the Extension Act on November 16, 2023. The Extension Act reauthorizes the DFPP program to allow handlers to enter into new contracts until September 30, 2024. Any forward contract entered prior to the September 30, 2024, deadline must expire by September 30, 2027.
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 Agriculture Marketing Service's (AMS) regulations regarding a national peanut research and promotion program.
Notice of Availability of the Draft Programmatic Environmental Assessment for AMS Resilient Food Systems Infrastructure Program
The Agricultural Marketing Service (AMS) announces that the Draft Programmatic Environmental Assessment (PEA) for the Resilient Food Systems Infrastructure (RFSI) Program is available for public review and comments.
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 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).
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 413,358 eligible producers, as determined by the U.S. Department of Agriculture (USDA), participate in the Request for Referendum, a referendum would 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.
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