Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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Walnuts Grown in California; Decreased Assessment Rate
This final rule implements a recommendation from the California Walnut Board (Board) to decrease the assessment rate established for the 2020-21 and subsequent marketing years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
United States Standards for Split Peas
This action is being taken under the authority of the Agricultural Marketing Act of 1946, as amended (AMA). The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is revising the method of interpretation for the determination of whole peas in the Pea and Lentil Inspection Handbook pertaining to the class ``Split Peas,'' in the U.S. Standards for Split Peas. Stakeholders in the pea processing/handling industry requested that AMS amend the interpretation of ``whole peas'' in the Split Pea inspection instructions by increasing the percent tolerance for the factor whole peas.
United States Standards for Lentils
This action is being taken under the authority of the Agricultural Marketing Act of 1946, as amended, (AMA). The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is revising the method of interpretation for the determination of the special grade ``Green'' in the Pea and Lentil Inspection Handbook pertaining to the class ``Lentils,'' in the U.S. Standards for Lentils. Stakeholders in the lentil processing/handling industry requested that AMS amend the interpretation of the special grade ``Green'' in the Lentil inspection instructions by redefining the definition and including criteria for the inclusion of mottled lentils.
Meeting of the National Organic Standards Board; 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 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).
Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, the Agricultural Marketing Service (AMS) is announcing our intention to request a 3-year extension and revision of a currently approved information collection for ``Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers''.
Meat and Poultry Interstate Shipment and Inspection Readiness Program; Request for Emergency Approval of a New Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Agriculture (USDA), Agricultural Marketing Service's (AMS) intention to receive approval from the Office of Management and Budget (OMB) for a new information collection to administer the Meat and Poultry Interstate Shipment and Inspection Readiness Program (ISIRP) under its Grants Division. Due to the passing of the Consolidated Appropriations Act, 2021 (CAA), AMS Grants Division is implementing this new grant program under section 764, which directs the Secretary of Agriculture to ``make grants to meat and poultry slaughter and processing facilities to assist such facilities with respect to costs incurred in making improvements to such facilities and carrying out other planning activities in the amount of $60,000,000 for fiscal years 2021 through 2023.''
Supply Chains for the Production of Agricultural Commodities and Food Products
The Agricultural Marketing Service (AMS) is providing an additional 30 days for public comments on the Notice on Supply Chains for the Production of Agricultural Commodities and Food Products published on April 21, 2021. During the first two weeks of the comment period, AMS received requests from stakeholders and organizations for additional time to provide thoughtful and thorough feedback to this request. Requests were received from representatives of critical supply chain activities whose comments would be of great value to the U.S. Department of Agriculture (USDA) in preparing the report required by the Executive Order on ``America's Supply Chains.''
Raisins Produced From Grapes Grown in California; Borrowing Authority Under Marketing Order 989
This rule amends Marketing Order 989 (referred to as the ``Order''), which regulates the handling of raisins produced from grapes grown in California. This action reinserts Order language that authorizes the Raisin Administrative Committee (RAC) to borrow from commercial lending institutions. The publication on October 26, 2018, of a final rule to amend the marketing order unintentionally removed this borrowing authority. This document is necessary to inform the public of this amendment.
Dried Prunes Produced in California; Increased Assessment Rate
This proposed rule would implement a recommendation from the Prune Marketing Committee (Committee) to increase the assessment rate established for the 2020-21 and subsequent crop years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
National Organic Program; Origin of Livestock; Reopening of Comment Period
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) is reopening the comment period on our April 28, 2015, proposed rule to amend the origin of livestock requirements for dairy animals under the USDA organic regulations. We are reopening the proposed rule's comment period for 60 days to give all interested parties an opportunity to comment on whether AMS should prohibit the movement of transitioned cows in organic dairy production as part of the final rule. Comments previously submitted need not be resubmitted, as they are already incorporated into the public record and will be fully considered in any future final rule.
Lamb Promotion, Research, and Information Order; Activity Changes; Comment Period Reopened
The Agricultural Marketing Service (AMS) is providing an additional 60 days for public comments on the proposed rule that would amend the Lamb Promotion, Research, and Information Order (Order). During the February 22, 2021, through March 24, 2021, comment period, AMS received two comments requesting additional time to analyze a potential volume threshold that would allow low-volume market agencies to be eligible for flexibilities to the proposed assessment remittance process. Such flexibilities would allow for very small, low-volume market agencies to utilize quarterly or yearly remittances, as opposed to the proposed monthly remittance process. The proposed flexibilities would reduce the regulatory burden for affected market agencies.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Modification of Handling Regulations
This proposed rule invites comments on a recommendation from the Idaho-Eastern Oregon Potato Committee (Committee) to revise the size requirements for Irish potatoes grown in certain designated counties of Idaho, and Malheur County, Oregon. The Committee recommended this action to improve the handling and marketing of Idaho- Eastern Oregon potatoes and increase returns to producers.
United States Standards for Beans-Chickpeas
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is proposing to add a new criterionCotyledon Damageto the chickpea/garbanzo bean damage factors in the Bean Inspection Handbook. The damage factors pertain to the class Chickpea/ Garbanzo Beans in the U.S. Standards for Beans under the United States Agricultural Marketing Act (AMA). Stakeholders in the bean processing/ handling industry suggested adding a criterion related to white chalky or wafer-like spots in the cotyledon, which can affect chickpea/ garbanzo bean flavor. This proposal is intended to update inspection procedures to ensure that the bean standards remain relevant to the market. AMS invites interested parties to comment on whether revising the inspection instructions to include the additional damage factor would facilitate the marketing of chickpea/garbanzo beans. This action would not revise or amend the Grade and Grade Requirements for Chickpea/Garbanzo Beans in the U.S. Standards for Beans.
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.
Supply Chains for the Production of Agricultural Commodities and Food Products
On February 24, 2021, President Biden issued an Executive Order on ``America's Supply Chains,'' which directs several Federal agency actions to secure and strengthen America's supply chains. One of these directions is for the Secretary of Agriculture (the Secretary) to submit, within one year, a report to the President that assesses the supply chains for the production of agricultural commodities and food products. This notice requests comments and information from the public to assist the U.S. Department of Agriculture (USDA) in preparing the report required by the Executive Order. Through this notice, USDA is also requesting public comment to inform our thinking regarding how stimulus relief programs and spending related to food supply chain resilience as authorized by the Consolidated Appropriations Act, 2021 (CAA), and the American Rescue Plan Act of 2021 (ARPA) can help to increase durability and resilience within the U.S. food supply.
2021/2022 Rates Charged for AMS Services
The Agricultural Marketing Service (AMS) is announcing the 2021/2022 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 2021/2022 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, nearly two-thirds of AMS user fee rates will remain unchanged from the previous year and a few will decrease, but increases are necessary to many fees to cover costs.
United States Standards for Wheat
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking comments from the public regarding the United States Standards for Wheat under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, AMS invites interested parties to comment on whether the current wheat standards and grading practices need to be changed.
Cotton Research and Promotion Program: Procedures for Conduct of Sign-Up Period
This direct final rule amends the rules and regulations regarding the procedures for the conduct of a sign-up period for eligible cotton producers and importers to request a continuance referendum on the 1991 amendments to the Cotton Research and Promotion Order (Order) provided for in the Cotton Research and Promotion Act (Act) amendments of 1990. The amendments update various dates, name changes, addresses, and make other administrative changes.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Modification of Assessment Rate
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to decrease the portion of assessments allocated to research and promotion activities and increase the portion allocated to administrative expenses. The overall assessment rate remains unchanged. 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 2021-2022 Marketing Year
This proposed rule invites comments on 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 2021-2022 marketing year.
Termination of U.S. Consumer Standards
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is terminating the following 10 U.S. Consumer Standards: The U.S. Consumer Standards for Italian Sprouting Broccoli, U.S. Consumer Standards for Fresh Carrots, U.S. Consumer Standards for Celery Stalks, U.S. Consumer Standards for Husked Corn on the Cob, U.S. Consumer Standards for Fresh Kale, U.S. Consumer Standards for Fresh Spinach Leaves, U.S. Consumer Standards for Brussels Sprouts, U.S. Consumer Standards for Fresh Parsnips, U.S. Consumer Standards for Fresh Turnips, and U.S. Consumer Standards for Beet Greens. This action is part of USDA's work to eliminate regulations that are outdated, unnecessary, ineffective, or impose costs that exceed benefits.
Tomatoes Grown in Florida; Modification of Handling Requirements; Withdrawal
The U.S. Department of Agriculture withdraws a proposed rule recommended by the Florida Tomato Committee (Committee) to revise the exemption, container, and definition sections under the Marketing Order's handling requirements and to update language to reflect current industry practices. After reviewing and considering the comments received, the proposed rule is being withdrawn.
Soybean Promotion and Research: Adjusting Representation on the United Soybean Board
This proposed rule would 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 2018. 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. This proposed change would result in a decrease in Board membership for one State, decreasing the total number of Board members from 78 to 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 2022. This proposed rule would also correct the number of States and units to the Order. Technical corrections to the regulations would adjust the number of States and units from 30 to 31.
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; Continuance Referendum
This document directs that a referendum be conducted among eligible growers of 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 to determine whether they favor continuance of the marketing order regulating the handling of pecans produced in the production area.
Revision of a Currently Approved 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 a revision of a currently approved collection for the Regulations Governing the Inspection and Grading of Manufactured or Processed Dairy ProductsRecordkeeping (Subpart B).
Olives Grown in California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Olive Committee (Committee) to increase the assessment rate established for the 2021 and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Intent To Request To Conduct a New Information Collection-Generic Clearance
This notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) to conduct a new collection for surveys conducted by the Transportation and Marketing Program Marketing Services Division funded through cooperative agreements with various cooperators (other Federal agencies, State governments, land grant universities, and other organizations). AMS works with universities and other entities to research market access issues related to local and regional food systems. Surveys are a vital tool to help determine where to focus our research, as well as where we should encourage or initiate original research to support the sector. This generic clearance will allow AMS to conduct surveys with cooperating institutions in a timely manner.
Request for Approval of a New Information Collection for Accounts Payable Information Request
In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Agriculture (USDA), Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB), for a new information collection used in support of the voluntary grading and certification of meat, meat products, shell eggs, poultry products, rabbit products, and Quality Systems Verification Programs. One new form is introduced in this information collection. The new form, LP-109A requests respondents accounts payable contact information used in facilitating billing administration.
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 U.S. Department of Agriculture (USDA) is announcing its call for nominations to fill four vacancies. Descriptions of the four positions are listed below under supplementary information. Appointees will serve a 5-year term beginning January 24, 2022, and ending January 23, 2027. Additionally, USDA seeks nominations for a pool of candidates that the Secretary of Agriculture (Secretary) can draw upon as replacement appointees if unexpected vacancies occur.
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. The amendments were proposed by the California Walnut Board (Board) and add the authority for the Board to provide credit for certain market promotion expenses paid by handlers against their annual assessments due under the Order and establish requirements to effectuate the new authority. In addition, the Agricultural Marketing Service (AMS) made necessary changes to conform to the amendments adopted.
United States Standards for Sorghum
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking comments from the public regarding the United States (U.S.) Standards for Sorghum under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, AMS invites interested parties to comment on whether the current sorghum standards and grading practices need to be changed.
Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Agriculture (USDA) 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 Regulations Governing the Inspection of Eggs (as authorized by the Egg Products Inspection Act (EPIA)), which is commonly referred to as the Shell Egg Surveillance Program (OMB: 0581-0113).
Notice of Request for Extension and Revision of a Currently Approved Information Collection for the Dairy Product Mandatory Reporting Program
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 of a currently approved information collection under the Dairy Product Mandatory Reporting Program. The information collected supports the marketing of dairy products and is used to verify compliance with Federal milk marketing regulations.
Grapes Grown in a Designated Area of Southeastern California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Desert Grape Administrative Committee (Committee) to increase the assessment rate established for the 2021 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
National Organic Program; National List of Allowed and Prohibited Substances-Crops and Handling From October 2019 NOSB
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 add potassium hypochlorite for pre-harvest use as a sanitizer in organic crop production and fatty alcohols for sucker control in organic tobacco production. In addition, this rule proposes to remove the listing for dairy cultures, as it is redundant with an existing listing.
Pears Grown in Oregon and Washington; Modification of the Handling Regulation
This final rule modifies the handling regulation prescribed under the Federal marketing order regulating the handling of pears grown in Oregon and Washington.
Revision of U.S. Standards for Grades of Watermelons
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the U.S. Standards for Grades of Watermelons. The proposed changes would provide a common language for trade of watermelons.
United States Standards for Grades of Frozen Corn on the Cob
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) has revised the U.S. Standards for Grades of Frozen Corn on the Cob.
Pistachios Grown in California, Arizona, and New Mexico; Increased Assessment Rate
This final rule implements a recommendation from the Administrative Committee for Pistachios (Committee) to increase the assessment rate established for the 2020-21 and subsequent production years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
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 2020-21 and subsequent marketing years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Fees for Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies, Miscellaneous Fees for Other Services, and Removal of Specific Fee References
The Agricultural Marketing Service (AMS) invites comments on a proposal to implement a standardized formula model for calculating Federal Grain Inspection Service (FGIS) supervision fees. The proposed change would enable FGIS to adjust supervision fees annually in order to maintain an appropriate operating reserve as required by the United States Grain Standards Act (USGSA). As with other AMS fee-based programs, AMS would publish annual FGIS fee updates in the Federal Register and post updated fee schedules on its website. The proposed rule would also eliminate or revise certain registration and duplication fees charged by FGIS.
Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Assessment Rate Increase
This rule amends the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order) to increase the assessment rate from $0.35 to $0.41 per thousand board feet (mbf). The Order is administered by the Softwood Lumber Board (Board) with oversight by the U.S. Department of Agriculture (USDA). This rule will also add the conversion factor for square meters to board feet and makes one conforming change.
Irish Potatoes Grown in Washington; Suspension of Reporting and Assessment Requirements
This final rule suspends the reporting and assessment requirements prescribed under the marketing order regulating Irish potatoes grown in Washington. In a separate action, the State of Washington Potato Committee recommended termination of the marketing order. This final rule indefinitely suspends the reporting and assessment requirements of the marketing order during the period that USDA is processing the termination request.
Mango Promotion, Research and Information Order; Removal of Frozen Mangos
This rule amends the Mango Promotion, Research and Information Order (Order) by removing the provisions of frozen mangos as a covered commodity. The Order is administered by the National Mango Board (Board) with oversight by the U.S. Department of Agriculture (USDA). In a referendum, first handlers and importers voted to remove frozen mangos as a covered commodity under the Order. This rule will remove frozen mangos as a covered commodity, discontinue the collection of assessments on frozen mangos, remove frozen mango entity representation on the Board, and make necessary conforming changes.
Lamb Promotion, Research, and Information Order; Activity Changes; Comment Period Reopened
The Agricultural Marketing Service (AMS) is providing an additional 30 days for public comments on the proposed rule that would amend the Lamb Promotion, Research, and Information Order (Order). Reopening the comment period gives interested persons an additional opportunity to comment on the proposal. Comments are solicited from all stakeholders, notably those who would be impacted by the proposed amendments.
Mycotoxin Test Kit Design Specifications and Performance Criteria
Notice is hereby given that the comment period is reopened for the notice that was published in the Federal Register on December 18, 2020. The publication invited comments on the changes that the Agricultural Marketing Service (AMS) proposes to its existing mycotoxin test kit criteria.
Opportunity for Designation in the Urbana, Illinois; Sandusky, Michigan; Davenport, Iowa; Enid, Oklahoma; Keokuk, Iowa; Marshall, Michigan; Council Bluffs, Iowa; Fremont, Nebraska; Annapolis, Maryland; Amarillo, Texas; Cairo, Illinois; Baton Rouge, Louisiana; Raleigh, North Carolina; Belmond, Iowa; and Ogden, Utah, Areas; Request for Comments on the Official Agencies Servicing This Area
The designations of the official agencies listed in SUPPLEMENTARY INFORMATION below will end on the prescribed dates. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. The Agricultural Marketing Service (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. In addition, we are asking for comments on the quality of services provided by the following designated agencies: Champaign- Danville Grain Inspection Departments, Inc. (Champaign); Detroit Grain Inspection Service, Inc. (Detroit); Eastern Iowa Grain Inspection and Weighing Service, Inc. (Eastern Iowa); Enid Grain Inspection Company, Inc. (Enid); Keokuk Grain Inspection Service (Keokuk); Michigan Grain Inspection Services, Inc. (Michigan); Omaha Grain Inspection Service, Inc. (Omaha); Fremont Grain Inspection Department, Inc. (Fremont); Maryland Department of Agriculture (Maryland); Amarillo Grain Exchange, Inc. (Amarillo); Cairo Grain Inspection Agency, Inc. (Cairo); Louisiana Department of Agriculture and Forestry (Louisiana); North Carolina Department of Agriculture (North Carolina); D.R. Schaal Agency, Inc. (Schaal); and Utah Department of Agriculture and Food (Utah).
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). Among other things, NOSB assists USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture (Secretary) on other aspects of the implementation of the Organic Foods Production Act.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Continuance Referendum
This document directs that a referendum be conducted among eligible producers of Irish potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon, to determine whether they favor continuance of the marketing order regulating the handling of Irish potatoes grown in the production area.
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