Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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U.S. Grade Standards for Pecans in the Shell and Shelled Pecans
The Agricultural Marketing Service (AMS) is proposing to revise 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. The proposal also includes updating terminology, definitions, and defect scoring guides.
Pears Grown in Oregon and Washington; Amendment to the Marketing Order
This document invites comments on a proposed 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.
Olives Grown in California; Increased Assessment Rate
This final rule implements a recommendation from the California Olive Committee (Committee) to increase the assessment rate established for the 2023 fiscal year and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Increased Assessment Rate
This rule implements a recommendation from the Walla Walla Sweet Onion Marketing Committee (Committee) to increase the assessment rate established for the 2023 and subsequent fiscal periods. 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 (OMB) for an extension of a currently approved information collection for the Reporting and Recordkeeping Requirements Under Regulations Under the Perishable Agricultural Commodities Act (PACA), 1930, as amended.
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 the Child Nutrition Labeling Program.
Redefining Bona Fide Cotton Spot Markets
On August 1, 2023, the Agricultural Marketing Service (AMS) published a rule amending the regulation that redefines two of the seven designated spot markets and changing the names of the affected markets. The amendatory language in this rule did not provide instructions necessary to effectuate the changes in the Code of Federal Regulations. This action corrects the names and definitions of the two affected cotton spot markets.
Almonds Grown in California; Amendments to the Marketing Order
This rulemaking proposes amendments to Marketing Order No. 981, which regulates the handling of almonds grown in California. The proposed amendments would modify certain marketing order provisions to facilitate orderly administration of the program. Additionally, the proposed amendments would modernize, simplify, or align language with current industry practices and definitions, and would establish authority to borrow funds. The proposal would also establish authority for the Almond Board of California (Board) to accept advanced assessments.
Marketing Order Regulations for Almonds Grown in California
This rule implements a recommendation from the Almond Board of California (Board) to change multiple provisions in the administrative requirements prescribed under the Federal marketing order regulating the handling of almonds grown in California (Order). This action amends administrative requirements regulating quality control, exempt dispositions, and interest and late charges provisions. In addition, the rule stays two sections of the administrative requirements that define almond butter and stipulate disposition in reserve outlets by handlers to facilitate the efficient administration of the Order.
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 (FVIAC). This meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and provide recommendations and ideas on how 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; presentations by subject matter experts as requested by the FVIAC; and consideration of recommendations pertaining to labor and production, food safety, infrastructure and sustainability, consumption and nutrition, and data reporting and analysis.
Nomenclature Change; Technical Amendment
This rule updates obsolete nomenclature in the regulations under the Packers and Stockyards Act, 1921 (Act). Obsolete references to the Grain Inspection, Packers and Stockyards Administration (GIPSA) are changed to the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA). References to Packers and Stockyards Programs, Packers and Stockyards Administration, and other obsolete terms are likewise changed to reflect the USDA's, AMS's, and the Packers and Stockyards Division's current organizational structure. Administration of Packers and Stockyards (P&S) activities under the Act was transferred to AMS in 2017.
Potato Research and Promotion Plan; Changes to Board Membership and Administrative Committee
This proposed rule would implement 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) would make 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).
Dairy Donation Program
On September 1, 2021, the Agricultural Marketing Service (AMS) amended the provisions of the Milk Donation Reimbursement Program through September 1, 2023, and added regulations for the Dairy Donation Program, on an interim basis, set to expire September 1, 2023. On August 24, 2023, AMS published a final rule further amending the provisions of both programs and removing the expiration date for the Dairy Donation Program. However, we failed to formally adopt the interim provisions, remove the expiration of the amendments to the Milk Donation Reimbursement Program, and list the removal of both expirations in the DATES section of the preamble. This final rule corrects that oversight.
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).
Dairy Donation Program
This rule finalizes establishment of the Dairy Donation Program as required by the Consolidated Appropriations Act of 2021. Under the program, eligible dairy organizations that account to a Federal milk marketing order and incur a qualified expense related to certain dairy product donations may apply for and receive reimbursements for those donations. The program facilitates dairy product donations and minimizes food waste. The program works in tandem with the Milk Donation Reimbursement Program, and thus this rule also makes corresponding changes to those regulations.
Walnuts Grown in California; Order Amending Marketing Order No. 984
This final rule amends Marketing Order No. 984, which regulates the handling of walnuts grown in California. USDA approved and adopted amendments proposed by the California Walnut Board (the Board) after due consideration of a public hearing record, and after California walnut producers voted in favor of such amendments in a referendum. This rule eliminates mandatory inspection and certification of inshell and shelled walnuts, and of shelled walnuts for processing; creates a new mechanism for determining and collecting handler assessments; adds the authority to charge interest for late payments; establishes an assessment rate of $0.0125 per inshell pound of walnuts; expands the definition of ``to handle'' to include ``receive''; and removes volume control authority. In addition, the Agricultural Marketing Service (AMS) made necessary changes to the marketing order to conform to the amendments adopted.
Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2023 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 2022.
Plant Records To Include Grade Label Butterfat Testing
This document invites comments on a proposed amendment to the plant records requirement for the Agricultural Marketing Service (AMS) Dairy Grading and Inspection program. The proposal would allow butterfat tests to be performed at an in-house or approved third party laboratory and add a requirement for plants to maintain and make such records available for examination by a United States Department of Agriculture (USDA) inspector. This amendment would increase efficiency by conforming to current industry practice.
Solicitation of Nominations for Members of the Grain Inspection Advisory Committee
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking nominations for individuals to serve on the 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 pursuant to the U.S. Grain Standards Act (USGSA) and in accordance with the Federal Advisory Committee Act (FACA), as amended. Recommendations by the Advisory Committee help AMS better meet the needs of its customers who operate in a dynamic and changing marketplace.
Grain Inspection Advisory Committee Meeting
Pursuant to the Federal Advisory Committee Act, this constitutes notice of the upcoming meeting of the Grain Inspection Advisory Committee (Advisory Committee). The Advisory Committee meets no less than once annually to advise the Secretary on the programs and services delivered by the Agricultural Marketing Service (AMS) under the U.S. Grain Standards Act. Recommendations by the Advisory Committee help AMS meet the needs of its customers, who operate in a dynamic and changing marketplace.
Notice of Funds Availability
The Secretary hereby announces the availability of funding for cotton merchandisers under the Pandemic Assistance for Cotton Merchandisers (PACM) Program. PACM will be administered by the Agricultural Marketing Service (AMS) and is authorized by the Consolidated Appropriations Act, 2023. The funds are intended to reduce the economic impacts of COVID-19 and other supply chain disruptions that impacted cotton merchandisers. Interested entities may apply for program participation by submitting the application, and required supporting documentation, available on our website at www.ams.usda.gov/ services/warehouse/cotton-program.
Notice of Request for Renewal 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 for renewal a recordkeeping burden for the information collection for the Export Fruit Acts covering exports of apples and grapes.
Redefining Bona Fide Cotton Spot Markets
This rule amends the regulation that defines two of the seven designated spot markets and changing the names of the affected markets. Specifically, market price data for cotton grown in Oklahoma and Kansas are reassigned from the East Texas/Oklahoma spot market to the West Texas spot market. This action also changes the names of these two markets to describe the markets more accurately.
Adjustments to Mango Board Representation; Withdrawal of Proposed Rule
The Agricultural Marketing Service (AMS) withdraws a proposed rule recommended by the National Mango Board (Board) that would have adjusted the Mango Promotion, Research, and Information Order (Order) to allocate the seven foreign producer Board seats to the top five mango exporting countries, based on mango volume exported to the United States, with an additional seat allocated to the top exporting country, and one at-large seat. In addition, the proposal would have required no more than one Board member be employed by or be affiliated with the same company. After reviewing and considering the comments received, the proposed rule is being withdrawn.
Paper and Paper-Based Packaging Promotion, Research, and Information Order; Continuance Referendum
This document directs that a referendum be conducted among eligible domestic manufacturers and importers of paper and paper-based packaging to determine whether they favor continuance of the Agricultural Marketing Service's (AMS) regulations regarding a national paper and paper-based packaging research and promotion program.
Milk in the Northeast and Other Marketing Areas; Notice of Hearing on Proposed Amendments to Marketing Agreements and Orders
A national public hearing is being held to consider and take evidence on proposals to amend the pricing formulas in the 11 Federal Milk Marketing Orders (FMMOs).
Milk in the Appalachian, Florida, and Southeast Marketing Areas; Recommended Decision on Proposed Amendments to Marketing Agreements and to Orders
This decision proposes to amend the transportation credit balancing fund provisions for the Appalachian and Southeast Federal milk marketing orders, and establish distributing plant delivery credits in the Appalachian, Florida, and Southeast Federal milk marketing orders.
United States Standards for Soybeans
The Agricultural Marketing Service (AMS) is revising the United States Standards for Soybeans by removing soybeans of other colors (SBOC) as an official factor. In addition, AMS is revising the table of Grade Limits and Breakpoints for Soybeans to reflect this change.
Washington Apricots; Termination of Marketing Order
This final rule terminates Federal Marketing Order No. 922 (the Order) regulating the handling of apricots grown in designated counties in Washington, and the rules and regulations issued thereunder. This final rule also removes the Order from the Code of Federal Regulations. The United States Department of Agriculture (USDA) has determined the Order is no longer necessary to maintain orderly marketing conditions.
Preserving Trust Benefits Under the Packers and Stockyards Act
This final rule revises the Packers and Stockyards regulations to provide instructions for livestock sellers who desire to preserve their interest in the statutory livestock dealer trust under the Packers and Stockyards Act (Act). This rule adds procedures and timeframes for a livestock seller to notify the livestock dealer and the Secretary of Agriculture (Secretary) that the seller has not received full payment for livestock purchased by the dealer and that the seller intends to preserve its trust interests. Additionally, this rule provides that livestock dealers with average annual purchases over $100,000 are required to obtain written acknowledgement from livestock sellers that trust benefits do not pertain to credit sales. This rule provides further that livestock dealers are required to maintain records related to credit sales. These revisions to the Packers and Stockyards regulations reflect recent amendments to the Act that provide for a livestock dealer trust.
Olives Grown in California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Olive Committee to increase the assessment rate established for the 2023 fiscal year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Increased Assessment Rate
This proposed rule would implement a recommendation from the Walla Walla Sweet Onion Marketing Committee (Committee) to increase the assessment rate established for the 2023 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Assessment Rate Increase
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to increase the assessment rate established for the 2022-23 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
United States Standards for Beans
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is revising the United States Standards for Beans under the United States Agricultural Marketing Act of 1946, as amended, (AMA). AMS is revising the grade-determining factors for Moisture and Contrasting Chickpeas in the class Chickpea/ Garbanzo Beans.
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).
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; Continuance Referendum
This document directs that a referendum be conducted among eligible cranberry producers to determine whether they favor continuance of the 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.
National Organic Program; National List of Allowed and Prohibited Substances (2022 Sunset); Correction
On February 28, 2022, the Agricultural Marketing Service (AMS) published a rule removing sixteen substances from the National List of Allowed and Prohibited Substances (National List). That document accidentally omitted nonorganic whey protein concentrate from the amendatory instructions. This document corrects the amendatory language, removing nonorganic whey protein concentrate from the National List, as intended in the previous document.
2023/2024 Rates Charged for AMS Services
The Agricultural Marketing Service (AMS) is announcing the 2023/2024 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 2023/2024 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.
Tobacco Report: 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 and revision of the currently approved information collection for Tobacco Report (OMB No. 0581-0004).
Exceptions to Geographic Boundaries
This final rule sets forth a process by which applicants for official grain inspection services (applicants) may request a service exception, allowing an official agency (OA) to cross boundary lines and perform services outside of its assigned geographic area. While four exception types are authorized in the United States Grain Standards Act (USGSA or Act), this final rule focuses on two: the inability to provide services in a timely manner and the nonuse of service from the OA assigned to the applicant's geographic area (assigned OA). This final rule establishes a three-tiered system under which applicants can request a one-time, 90-day, or long-term timely service exception due to untimely service issues. This rule provides that nonuse of service exception requests must be preceded by ninety days without service from the assigned OA. This final rule further amends the regulations to provide criteria the Federal Grain Inspection Service (``FGIS'' or ``the Service'') will use to review, validate, and determine whether to grant service exception requests. This final rule also establishes a process that allows an assigned OA to challenge requests for service exceptions. Finally, this rule provides for FGIS review to ensure the validity of requests.
Beef Promotion and Research Order; Reapportionment and Technical Amendment
This proposed rule would adjust 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, if adopted, would 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. The proposed rule would also update the list of Qualified State Beef Councils (QSBCs) in the Order by removing the Maryland Industry Beef Council which voted to dissolve their State beef council.
Advisory Committee on Universal Cotton Standards
On March 31, 2023, the U.S. Department of Agriculture (USDA) published in the Federal Register a notice of intent to re-establish and solicit nominations for membership on the USDA Advisory Committee on Universal Cotton Standards (Committee). The nomination application period for this notice has been extended to provide additional opportunities for interested persons to submit their nomination application. The nomination application period for individuals who wish to serve and/or submit nominations to recommend potential candidates for the Advisory Committee on Universal Cotton Standards has been extended until July 1, 2023. USDA seeks nominations of individuals to be considered for selection as Committee members. Re-establishment of the Committee is necessary and in the public interest. The Committee will review official Universal Standards for American Upland cotton prepared by USDA and make recommendations to the Secretary of Agriculture regarding the establishment or revision of standards.
Marketing Order Regulations for Almonds Grown in California
This proposed rule would implement a recommendation from the Almond Board of California (Board) to make changes to multiple provisions in the administrative requirements prescribed under the Federal marketing order regulating the handling of almonds grown in California (Order). This action would amend administrative requirements regulating quality control, exempt dispositions, and interest and late charges provisions. In addition, the proposed rule would stay two sections of the administrative requirements that define almond butter and stipulate disposition in reserve outlets by handlers to facilitate the efficient administration of the Order.
Almonds Grown in California; Amendments to the Marketing Order
This proposed rule invites comments on proposed amendments to Marketing Order No. 981, which regulates the handling of almonds grown in California. The proposed amendments would modify certain marketing order provisions to facilitate orderly administration of the program. Additionally, the proposed amendments would modernize, simplify, or align language with current industry practices and definitions, and would establish authority to borrow funds. The proposal would also establish authority for the Almond Board of California (Board) to accept advanced assessments.
Pears Grown in Oregon and Washington; Continuance Referendum
The Agricultural Marketing Service, USDA, published a document in the Federal Register of April 7, 2023, that directed a referendum be conducted among eligible Oregon and Washington pear growers to determine whether they favor continuance of the marketing order regulating the handling of pears grown in Oregon and Washington. This correction addresses errors regarding certain dates contained in the narrative of the referendum order.
Origin of Livestock; New 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 a new information collection related to livestock production practices under the USDA organic regulations.
Tobacco Inspection and Grading Services: Notice of 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 to the currently approved information collection in support of the Fair and Equitable Tobacco Reform Act of 2004, the Rural Development, Food and Drug Administrative, and Related Agencies Appropriations Act for 2002 (Appropriations Act), and the Tobacco Inspection Act and Regulations Governing the Tobacco Standards.
Notice of 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 request for an extension and revision of a currently approved information collection for Specialty Crops Market News Division.
Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, the Agricultural Marketing Service (AMS) is requesting comments from all interested individuals and organizations on a renewal of a currently approved information collection request. This information collection is necessary to support the procurement of agricultural commodities for domestic and export food donation programs. AMS issues invitations to purchase or sell and transport commodities, as well as sample, inspect and survey, agricultural commodities at both domestic and foreign locations for use in international food donation programs on a monthly, multiple monthly, quarterly, and yearly basis. The AMS Commodity Procurement Program contracts for marine cargo discharge survey services conducted at the foreign destinations to ascertain count and condition of the commodities delivered.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2023-2024 Marketing Year
This rule implements 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, Oregon, and designated parts of Nevada and Utah (the Far West) for the 2023-2024 marketing year.
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