Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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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 proposed rule would implement a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to establish salable quantities and allotment percentages for Class 1 (Scotch) and Class 3 (Native) spearmint oil produced in Washington, Idaho, and Oregon and parts of Nevada and Utah (Far West) for the 2024- 2025 marketing year. This proposed rule would also remove references to past volume regulation no longer in effect.
Virtual 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 two-day virtual meeting of the Fruit and Vegetable Industry Advisory Committee (FVIAC). This meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and provide recommendations and ideas on how the USDA can tailor programs and services to better meet the needs of the U.S. produce industry. Agenda items may include, but are not limited to, administrative matters and consideration of recommendations pertaining to labor and production, food safety, infrastructure and sustainability, consumption and nutrition, and data reporting and analysis.
Raisins Produced From Grapes Grown in California; Temporary Suspension of Continuance Referendum
This final rule adopts, without change, an interim final rule implementing a recommendation from the Raisin Administrative Committee (Committee) to temporarily suspend the continuance referendum requirement under the Federal marketing order for California raisins. This final rule continues in effect the temporary suspension to give precedence to the formal rulemaking process and to provide the California raisin industry time to operate under the marketing order, if amended, before the next scheduled continuance referendum.
Marketing Order for Raisins Produced From Grapes Grown in California (M.O. No. 989); Hearing
Notice is hereby given of a public hearing to receive evidence on proposals recommended by the Raisin Administrative Committee (Committee) to amend Federal Marketing Order No. 989 (Order). The proposed amendments would reduce Committee membership, eliminate the designated cooperative bargaining association member seat, lower quorum requirements, remove producer district representation, remove the requirement for separate member and alternate nominations, remove factors for establishing marketing policy, add language to clarify the quality of reconditioned raisins, add authority to accept voluntary contributions, and add language regarding ownership of intellectual property. The Committee recommended the proposed amendments after determining a significant reduction in the size of the industry has made it increasingly difficult to fill Committee positions and conduct business. The Agricultural Marketing Service (AMS) also proposes to make additional changes to the Order as may be necessary to conform to any amendatory changes that result from the hearing.
Notice of Availability of the Final Programmatic Environmental Assessment and Finding of No Significant Impact for AMS Local Meat Capacity Grant 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 AMS Local Meat Capacity Grant Program.
Potato Research and Promotion Plan; Changes to Board Membership and Administrative Committee
This rule implements recommendations from the National Potato Promotion Board (Board) to change its membership and organization by revising the formula used to determine the number of producer and importer seats on the Board, reducing the maximum number of importer seats on the Board, and indefinitely suspending the Administrative Committee. In addition to these Board-recommended changes, the U.S. Department of Agriculture (USDA) makes several non-substantive changes to clarify the start of the term of office for Board members and modernize the Board's procedures. The Board administers the Potato Research and Promotion Plan (Plan) with oversight by the Agricultural Marketing Service (AMS).
Milk in the Northeast and Other Marketing Areas; Notice of Hearing on Proposed Amendments to Marketing Agreements and Orders
This notice announces the reconvening of the national public hearing which began on August 23, 2023, in Carmel, Indiana, to consider and take evidence on proposals to amend the pricing formulas in the 11 Federal Milk Marketing Orders (FMMOs).
National Organic Program (NOP); Organic Livestock and Poultry Standards; Correction
The Agricultural Marketing Service (AMS) is correcting non- substantive errors in the regulatory text of the Organic Livestock and Poultry Standards (OLPS) final rule published on November 2, 2023. The corrections are intended to improve readability and clarity.
Marketing Order for Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida
This rulemaking amends Marketing Order 905, which regulates the handling of oranges, grapefruit, tangerines, and pummelos grown in Florida. The amendments reduce the size of the Citrus Administrative Committee (Committee), lower the quorum requirements, revise the nomination and selection processes, and remove the requirement to allocate committee seats based on volume from each district. A new section will provide the Committee authority to receive voluntary contributions for promotion and research projects. Also, conforming changes were made to help align the marketing order with the amendments.
Domestic Dates Produced or Packed in Riverside County, California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the California Date Administrative Committee (Committee) to decrease the assessment rate established for the 2023-2024 and subsequent crop years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Request for an 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 Cotton Classification and Market News Service.
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 0581-0268 for the Christmas Tree Promotion, Research and Information 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 extend its current approval from the Office of Management and Budget to collect information for eight competitive and two non-competitive AMS Grant Programs under its Grants Division. AMS TM Grant Programs is merging collection OMB 0581-0320Non-competitive Micro-Grants for Food Security Program (MGFSP). MGFSP was acquired through the enactment of the Agriculture Improvement Act of 2018 (Farm Bill).
National Organic Program (NOP); Organic Livestock and Poultry Standards; Delay of Effective Date and Update of Compliance Date
The Agricultural Marketing Service (AMS) is delaying the effective date of the Organic Livestock and Poultry Standards (OLPS) final rule, published on November 2, 2023, to meet the requirements of the Small Business Regulatory Enforcement Fairness Act of 1996 (Congressional Review Act (CRA)). The CRA requires that agencies provide Congress with at least 60 days to review a major rule before it takes effect. For the OLPS final rule, AMS provided the required notice to Congress on November 13, 2023, after publication of the rule. Therefore, the published effective date did not provide 60 days for congressional review. This final rule delays the effective date of the OLPS final rule by 10 days to meet the 60-day requirement. AMS is making a technical correction to the compliance date of January 5, 2029, for indoor and outdoor stocking density requirements and soil and vegetation requirements for broiler operations to January 2, 2029. All other compliance dates of the OLPS final rule remain unchanged. Additionally, in acknowledgement of the U.S. Government Accountability Office assessment of the final rule, AMS confirms that the Administrative Pay-As-You-Go Act of 2023 does not apply to the OLPS final rule because it does not increase direct spending.
Notice of Request for an Extension and Revision to 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 and revision to the currently approved information collection entitled Cotton Classing, Testing, and Standards.
Onions Grown in Certain Designated Counties in Idaho and Malheur County, Oregon; Increased Assessment Rate
This proposed rule would implement 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 proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this document announces the Agricultural Marketing Service's (AMS) intention to request an extension to currently approved forms used by importers of commodities that are exempt from section 8e import regulations.
Raisins Produced From Grapes Grown in California; Temporary Relaxation of Substandard and Maturity Dockage Requirements
This rule temporarily changes the substandard and maturity dockage requirements for raisins covered under the Federal marketing order for raisins produced from grapes grown in California (Order). For the 2023-2024 crop year, the minimum requirements for substandard and maturity dockage in the marketing order's handling regulations will be relaxed to accommodate raisins adversely impacted by severe weather conditions.
Sweet Cherries Grown in Designated Counties in Washington; Continuance Referendum
This document directs that a referendum be conducted among eligible Washington sweet cherry growers to determine whether they favor continuance of the marketing order regulating the handling of sweet cherries grown in designated counties in Washington.
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 an extension for the form currently used by marketers to apply for exemption from market promotion assessments under Federal marketing order programs.
Cranberries Grown in Massachusetts, et al.; Termination of Marketing Order and Data Collection Requirements for Cranberries Not Subject to the Marketing Order
This proposed action invites comments on the proposed termination of the Federal marketing order 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 (Marketing Order No. 929). The data collection, reporting and recordkeeping requirements applicable to cranberries not subject to the cranberry marketing order would also be 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 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, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Amendments to the Marketing Order
This proposed rule invites comments on proposed amendments to Marketing Order No. 930, which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The proposed amendments would modify the basis for calculating district representation on the Cherry Industry Administrative Board (``Board''), change the starting date for the term of office for Board members, simplify the way a Board member's sales constituency is determined, clarify how the sales constituency applies to alternate Board members, change the timeframe for submitting nominations, and clarify when districts are subject to volume regulation.
Milk in the Appalachian, Florida, and Southeast Marketing Areas; Final Decision on Proposed Amendments to Marketing Agreements and to Orders
This proposed rule is the Secretary's final decision in this proceeding and recommends amendments to the transportation credit balancing fund provisions for the Appalachian and Southeast Federal milk marketing orders, and establishment of distributing plant delivery credits in the Appalachian, Florida, and Southeast Federal milk marketing orders. AMS will determine whether producers approve of the proposed amended orders, as required by regulation.
Pears Grown in Oregon and Washington; Increased Assessment Rate for Processed Pears
This proposed rule would implement 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 proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
National Bioengineered Food Disclosure Standard; List of Bioengineered Foods
This final rule updates the National Bioengineered Food Disclosure Standard's (the Standard) List of Bioengineered (BE) Foods (the List) by adding ``sugarcane (Bt insect-resistant varieties)'' to the List and amending ``squash (summer)'' to ``squash (summer, coat protein-mediated virus-resistant varieties).'' In updating the List, this final rule provides consumers with information regarding foods that may be BE and aids regulated entities in determining whether they need to make a BE disclosure.
Transparency in Poultry Grower Contracting and Tournaments
This final rule amends the regulations under the Packers and Stockyards Act, 1921 (Act), to add disclosures and information that live poultry dealers engaged in the production of broilers must furnish to poultry growers with whom dealers make poultry growing arrangements. The rule also establishes additional disclosure requirements for live poultry dealers engaged in the production of broilers who use poultry grower ranking systems to determine settlement payments for broiler growers. These requirements add targeted transparency to the market for grower services that will inhibit deceptive practices related to broiler contracting and performance. The Act protects fair trade, financial integrity, and competitive markets for livestock, meat, and poultry.
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 information collection for marketing orders covering various vegetables and specialty crops.
Nomenclature Changes; Technical Amendments
This rule revises the general regulations for Federal marketing orders covering fruits, vegetables, and specialty crops by updating the section regarding information collections. Further, this rule updates nomenclature in the general regulations, numerous Federal marketing orders, the import regulations, the domestic hemp program regulations, and the peanut handling regulations administered by the Agricultural Marketing Service (AMS). Finally, this rule corrects typographical errors found in the AMS marketing order and import regulations and removes regulations no longer in effect. These changes are necessary to provide more accurate information in the regulations moving forward.
Notice of Availability of the Programmatic Environmental Assessment for AMS Organic Market Development Grant Program; Correction
The Agricultural Marketing Service (AMS) published a notice in the Federal Register of November 20, 2023, concerning the availability of the Draft Programmatic Environmental Assessment (PEA) for the Organic Market Development Grant Program (OMDG) for public review and comments. The notice contained an incorrect link to the Draft PEA.
Notice of Availability of the Programmatic Environmental Assessment for AMS Organic Market Development Grant Program
The Agricultural Marketing Service (AMS) announces that the Draft Programmatic Environmental Assessment (PEA) for the Organic Market Development Grant Program (OMDG) is available for public review and comments.
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 Audit Verification Programs.
Opportunity To Comment on Applicants for the Texas Central U.S. Grain Standards Act Designation Area
Plainview Grain Inspection and Weighing Service, Inc. (Plainview) and Grain Inspection Services of Texas, LLC (Texas Grain) have applied for designation to provide official U.S. Grain Standards Act services in the Texas Central designation area. The Agricultural Marketing Service (AMS) is asking for comments on these applicants.
Opportunity for United States Grain Standards Act Designation in Decatur, IN and Marshall, MI
The Agricultural Marketing Service (AMS) is seeking persons or governmental agencies interested in providing official services in the areas noted below to submit an application for designation. Designation provides for private entities or State governmental agencies to be an integral part of the official grain inspection system (https:// www.ams.usda.gov/services/fgis/official-grain-inspection-weig hing- system). Designated agencies work under the supervision of the Federal Grain Inspection Service (FGIS) and are authorized to provide official inspection and weighing services in a defined geographic area, as appropriate. In addition, we request comments on the quality of services provided by designated agency Michigan Grain Inspection Services, Inc. (Michigan Grain Inspection). AMS encourages submissions from traditionally underrepresented individuals, organizations, and businesses to reflect the diversity of this industry. AMS encourages submissions from qualified applicants, regardless of race, color, age, sex, sexual orientation, gender identity, national origin, religion, disability status, protected veteran status, or any other characteristic protected by law.
Request for Information Specialty Crops Competitiveness Initiative
The U.S. Department of Agriculture (USDA) is seeking input from stakeholders across the specialty crops industry on how USDA may better administratively support the industry in remaining competitive in domestic and international marketplaces, as part of USDA's Specialty Crops Competitiveness Initiative. This input will strengthen USDA's partnership with the specialty crops industry, an agricultural sector that has faced significant challenges due to recent natural disasters, pandemic-related market disruptions, and other factors. USDA requests input on how to further support the industry's domestic marketing and consumption, to further support the industry's competitiveness internationally, to further support research that will serve the industry, to increase producers' awareness of and access to relevant USDA programs, to enhance USDA programs that serve the specialty crops industry, to aid the evaluation of existing programs, and to understand current and future challenges faced by the industry. USDA is asking for comments on interactions with USDA programs. All comments will be aggregated, summarized, and shared with USDA Leadership.
Hazelnuts Grown in Oregon and Washington; Decreased Assessment Rate
This proposed rule would implement 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 proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Beef Promotion and Research Order; Reapportionment and Technical Amendment
This rule adjusts representation on the Cattlemen's Beef Promotion and Research Board (Board), established under the Beef Promotion and Research Act of 1985 (Act), to reflect changes in domestic cattle inventories as well as changes in levels of imported cattle, beef, and beef products that have occurred since the Board was last reapportioned in July 2020. These adjustments are required by the Beef Promotion and Research Order (Order) and will result in a decrease in Board membership from 101 to 99, effective with the Secretary of Agriculture's (Secretary) appointments from nominees requested in Spring of 2023. This final rule also updates the list of Qualified State Beef Councils (QSBCs) in the Order by removing the Maryland Beef Industry Council which voted to dissolve their State beef council.
Milk in the Northeast and Other Marketing Areas; Notice of Hearing on Proposed Amendments to Marketing Agreements and Orders
This notice announces the reconvening of the national public hearing, which began on August 23, 2023, in Carmel, Indiana, to consider and take evidence on proposals to amend the pricing formulas in the 11 Federal Milk Marketing Orders (FMMOs).
National Organic Program (NOP); Organic Livestock and Poultry Standards
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) amends the organic livestock and poultry production requirements by adding new provisions for livestock handling and transport, slaughter, and avian (poultry) living conditions; and expanding and clarifying existing requirements covering livestock care and production practices and non-avian living conditions. These changes will ensure organically produced foods meet a transparent and consistent standard to allow the industry to maintain consumer confidence in USDA organic products, to align with consumer expectations regarding outdoor access, and to further facilitate interstate commerce in organic products.
Notice of Request for Approval of a New Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's intent to request approval for a new information collection from the Office of Management and Budget (OMB) under OMB control No. 0581-NEW. This notice is based on a recommendation from the California Walnut Board (Board) to establish voluntary reporting for walnuts exempt from assessments under Federal marketing order no. 984, walnuts grown in California. This action would create a new form supplied by the Board to California walnut handlers to voluntarily report deliveries of walnuts exempt from assessments. The new form will be merged with the forms currently approved under OMB No. 0581-0178 Vegetable and Specialty Crops.
Economic Adjustment Assistance for Textile Mills
The Agricultural Marketing Service (AMS) revises the regulation providing guidance for domestic manufacturers that consume Upland Cotton and voluntarily participate in the Economic Adjustment Assistance for Textile Mills Program. The revisions add definitions and codify certain participant responsibilities currently outlined in the existing user Agreement. The changes made by this rule are intended to strengthen management controls that have been added into the Agreement to prevent fraud, waste, and abuse. This action provides the necessary legal support for program administration.
Notice of Availability of the Programmatic Environmental Assessment for AMS Local Meat Capacity Grant Program
The Agricultural Marketing Service (AMS) announces that the Draft Programmatic Environmental Assessment (PEA) for the Local Meat Capacity Grant Program (Local MCap) is available for public review and comments.
Walnuts Grown in California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the California Walnut Board (Board) to decrease the assessment rate established for the 2023-2024 and subsequent marketing years. The proposed assessment rate would 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 (OMB), for an extension of and revision to the currently approved information collection for report forms under the Federal milk marketing order 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 an extension and revision to the approved forms and information collection for marketing orders covering various vegetables and specialty crops.
United States Standards for Grades of Processed Raisins
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) has revised the U.S. Standards for Grades of Processed Raisins. AMS is modifying two references to the allowances for capstems within the standards to modernize the standards to reflect current industry practices. The revision also includes minor editorial changes to the table headings to align with updated Code of Federal Regulations (CFR) formatting requirements and correction of a typographical error from a previous revision.
Natural Grass Sod Promotion, Research, and Information Order; Referendum Procedures
This proposed rule invites comments on the establishment of procedures for conducting a referendum to determine whether issuance of a proposed Natural Grass Sod Research and Promotion Order (Order) is favored by natural grass sod producers. The procedures would also be used for any subsequent referendum under the Order. The proposed Order is being published separately in this issue of the Federal Register.
Natural Grass Sod Promotion, Research, and Information Order
This proposed rule invites comments on the establishment of an industry-funded promotion, research, and information program for natural grass sod products. The proposed Natural Grass Sod Promotion, Research, and Information Order (Order) was submitted to the U.S. Department of Agriculture (USDA) by Turfgrass Producers International (TPI), a group of natural grass sod producers. The proposed Order also announces the Agricultural Marketing Service's (AMS) intent to request approval from the Office of Management and Budget (OMB) of new information collection requirements to implement the program.
Raisins Produced From Grapes Grown in California; Temporary Suspension of Continuance Referendum
This rule temporarily suspends the continuance referendum requirement under the Federal marketing order for California raisins. The continuance referendum scheduled between November 2023 and November 2025 overlaps with the timeframe the Agricultural Marketing Service (AMS) plans to conduct a formal rulemaking to amend the marketing order. This suspension delays the enforcement of the continuance referendum requirement to give precedence to the formal rulemaking process, which may include a producer referendum. In addition, if the marketing order is amended, this temporary suspension provides industry time to operate under the amended marketing order before the next scheduled continuance referendum.
Dried Prunes Produced in California; Suspension of the Marketing Order
This proposed rule would suspend the Federal marketing order regulating dried prunes produced in California (Order) effective at the beginning of the 2023-2024 crop year. 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 would extend through the end of the 2029-2030 crop year and would provide 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 would proceed to terminate the Order.
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