Agricultural Marketing Service September 2005 – Federal Register Recent Federal Regulation Documents

Kiwifruit Grown in California; Increased Assessment Rate
Document Number: 05-19309
Type: Rule
Date: 2005-09-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate and changes the assessable unit established for the Kiwifruit Administrative Committee (Committee) for the 2005-06 and subsequent fiscal periods from $0.002 per pound of kiwifruit to $0.045 per 9-kilo volume-fill container or equivalent of kiwifruit. The Committee locally administers the marketing order which regulates the handling of kiwifruit grown in California. Assessments upon kiwifruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Extension of Comment Period on Changing Regulatory Periods
Document Number: 05-19328
Type: Proposed Rule
Date: 2005-09-27
Agency: Agricultural Marketing Service, Department of Agriculture
Notice is hereby given that the comment period on proposed changes in the regulatory periods when minimum grade, size, quality, and maturity requirements apply to southeastern California grapes under Marketing Order No. 925 (order), and to imported grapes under the table grape import regulation is extended until November 28, 2005.
Update and Clarify a Shell Egg Grading Definition
Document Number: 05-19087
Type: Proposed Rule
Date: 2005-09-26
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) proposes to amend the regulations governing the voluntary shell egg grading program and the regulations governing the inspection of eggs. The proposed revision would revise the definition of washed ungraded eggs in each of the regulations. From time to time, sections in the regulations are affected by changes in egg production and processing technology. This rule updates the regulations to reflect these changes.
Milk in the Mideast Marketing Area; Interim Order Amending the Order
Document Number: 05-19086
Type: Rule
Date: 2005-09-26
Agency: Agricultural Marketing Service, Department of Agriculture
This order amends certain features of the pooling standards of the Mideast milk marketing order on an interim basis. More than the required number of producers in the Mideast marketing area have approved the issuance of the interim order as amended.
Nectarines and Peaches Grown in California; Increased Assessment Rates
Document Number: 05-19085
Type: Rule
Date: 2005-09-26
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (committees) for the 2005-06 and subsequent fiscal periods from $0.195 and $0.19, respectively, to $0.20 per 25-pound container or container equivalent of nectarines and peaches handled. The committees locally administer the marketing orders that regulate the handling of nectarines and peaches grown in California. Assessments upon nectarine and peach handlers are used by the committees to fund reasonable and necessary expenses of the programs. The fiscal period runs from March 1 through the last day of February. The assessment rates will remain in effect indefinitely unless modified, suspended, or terminated.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 1 (Scotch) and Class 3 (Native) Spearmint Oil for the 2005-2006 Marketing Year
Document Number: 05-19084
Type: Rule
Date: 2005-09-23
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the quantity of Class 1 (Scotch) and Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2005-2006 marketing year. This rule increases the Scotch spearmint oil salable quantity from 677,409 pounds to 1,062,898 pounds, and the allotment percentage from 35 percent to 55 percent. In addition, this rule increases the Native spearmint oil salable quantity from 867,958 pounds to 1,019,600 pounds, and the allotment percentage from 40 percent to 47 percent. The order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market.
Irish Potatoes Grown in Colorado; Decreased Assessment Rate
Document Number: 05-18990
Type: Rule
Date: 2005-09-23
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Area No. 3 Colorado Potato Administrative Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.03 to $0.02 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of potatoes grown in Colorado. Assessments upon Colorado potato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Amendment to the Peanut Promotion, Research, and Information Order
Document Number: 05-18759
Type: Rule
Date: 2005-09-21
Agency: Agricultural Marketing Service, Department of Agriculture
The purpose of this rule is to bring the provisions of the Peanut Promotion, Research and Information Order (Order), into conformity with changes that have occurred since the implementation of the Order with regard to the collection of assessments. This order is issued under the authority of the Commodity Promotion, Research and Information Act of 1996. This rule invites comments on changes to the Order provisions on assessments and the deletion of a number of obsolete definitions.
Milk in the Appalachian and Southeast Marketing Areas; Partial Decision on Proposed Amendments to Marketing Agreements and to Orders
Document Number: 05-18758
Type: Proposed Rule
Date: 2005-09-21
Agency: Agricultural Marketing Service, Department of Agriculture
This partial final decision adopts proposed amendments to the Appalachian and Southeast marketing areas as contained in a partial recommended decision published in the Federal Register on May 20, 2005. Specifically, this decision would expand the Appalachian milk marketing area, eliminate the ability to simultaneously pool the same milk on the Appalachian or Southeast order and on a State-operated milk order that has marketwide pooling, and amend the transportation credit provisions of the Southeast and Appalachian orders. The orders as amended are subject to approval by producers in the affected markets.
Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate
Document Number: 05-18584
Type: Rule
Date: 2005-09-19
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $2.50 per ton to $1.00 per ton of fresh apricots handled. The Committee locally administers the marketing order which regulates the handling of apricots grown in designated counties in Washington. Assessments upon apricot handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began April 1 and ends March 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Peanut Standards Board
Document Number: 05-18583
Type: Notice
Date: 2005-09-19
Agency: Agricultural Marketing Service, Department of Agriculture
The Farm Security and Rural Investment Act of 2002 requires the Secretary of Agriculture to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection to the Board to fill a vacant Board position for the remainder of a term of office ending June 30, 2006. The Board consists of 18 members representing producers and industry representatives.
Plant Variety Protection Office, Fee Increase
Document Number: 05-18511
Type: Rule
Date: 2005-09-16
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is increasing Plant Variety Protection (PVP) Office application, search, and certificate issuance fees by 20 percent. The last general fee increase in February 2003 is no longer adequate to cover current program obligations for administrative and information technology needs. The PVP Act of 1970 requires that reasonable fees be collected from applicants seeking certificates of protection in order to maintain the program. Also, a technical amendment will allow applicants to send voucher seed samples directly to the public repository.
National Organic Program (NOP): Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing)
Document Number: 05-18381
Type: Proposed Rule
Date: 2005-09-16
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would amend the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List) regulations to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) from November 15, 2000, through March 3, 2005. Consistent with the recommendations from the NOSB, this proposed rule would add fifteen substances, along with any restrictive annotations, to the National List. This proposed rule would also amend the mailing address for where to file a Certification or Accreditation appeal.
Plant Variety Protection Board; Open Meeting
Document Number: 05-18378
Type: Notice
Date: 2005-09-16
Agency: Agricultural Marketing Service, Department of Agriculture
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Plant Variety Protection Board.
Dried Prunes Produced in California; Decreased Assessment Rate
Document Number: 05-18284
Type: Rule
Date: 2005-09-15
Agency: Agricultural Marketing Service, Department of Agriculture
This rule decreases the assessment rate established for the Prune Marketing Committee (committee) under Marketing Order No. 993 for the 2005-06 and subsequent crop years from $6.00 to $0.65 per ton of salable dried prunes. The committee locally administers the marketing order which regulates the handling of dried prunes grown in California. Authorization to assess dried prune handlers enables the committee to incur expenses that are reasonable and necessary to administer the program. The crop year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Modifying Procedures and Establishing Regulations To Limit Shipments of Small Sizes of Red Seedless Grapefruit
Document Number: 05-18279
Type: Rule
Date: 2005-09-14
Agency: Agricultural Marketing Service, Department of Agriculture
This rule limits the volume of sizes 48 and 56 red seedless grapefruit entering the fresh market and changes procedures used for this purpose under the marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order). The order is administered locally by the Citrus Administrative Committee (Committee). The procedural changes modify the way a handler's average week is determined by providing that if crop conditions limit shipments from any of the three prior seasons, a prior season or seasons can be used for the three-season average. The average week is used by the Committee in determining the handler shipment allotments. This rule also limits the volume of small sizes entering the fresh market for the first 22 weeks of the 2005-2006 season beginning September 19, 2005. This action is intended to make the regulation more responsive to industry needs and provide adequate supplies of small red seedless grapefruit without saturating all markets. It is expected to stabilize supplies and improve grower returns.
Irish Potatoes Grown in Washington; Modification of Pack Requirements
Document Number: 05-17964
Type: Rule
Date: 2005-09-12
Agency: Agricultural Marketing Service, Department of Agriculture
This rule modifies the pack requirements currently prescribed under the Washington potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Washington, and is administered locally by the State of Washington Potato Committee (Committee). This rule relaxes the pack requirements to allow handlers to ship U.S. No. 2 grade potatoes in cartons to better meet buyer needs. Currently, only potatoes grading U.S. No. 1 or better, or potatoes failing to grade U.S. No. 1 only because of internal defects, may be shipped in cartons. The relaxation in pack requirements will help maximize producer returns.
Domestic Dates Produced or Packed in Riverside County, CA; Increased Assessment Rate
Document Number: 05-17963
Type: Proposed Rule
Date: 2005-09-12
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rate established for the California Date Administrative Committee (committee) for the 2005- 06 and subsequent crop years from $0.85 to $0.95 per hundredweight of dates handled. The committee locally administers the marketing order which regulates the handling of dates produced or packed in Riverside County, California. Assessments upon date handlers are used by the committee to fund reasonable and necessary expenses of the program. The committee recommended increasing the assessment rate because additional revenues are needed to fund program operations and build up its financial reserve to a more satisfactory level. The crop year begins October 1 and ends September 30. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
United States Standards for Grades of Globe Artichokes
Document Number: 05-17947
Type: Notice
Date: 2005-09-12
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to revise the United States Standards for Grades of Globe Artichokes. AMS is proposing to include a U.S. No. 1 Long Stem grade along with an undersize tolerance of 5 percent in the standards. The new grade will have the same requirements as the U.S. No. 1 except that the stems must be smoothly cut to a minimum length of at least 8 inches, unless specified to a longer length in connection with the grade. AMS is proposing to further define ``fairly compact'' to include a definition for ``slightly spread'' to mean, ``the outer scales may be slightly open, but the inner scales at the tip of the artichoke must be closely folded into the bud.'' The proposed revisions would bring the standards for globe artichokes in line with current marketing practices, thereby improving their usefulness in serving the industry.
United States Standards for Grades of Lemons
Document Number: 05-17946
Type: Notice
Date: 2005-09-12
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) published a notice soliciting comments as to whether any changes were necessary to the voluntary United States Standards for Grades of Lemons. No comments were received. The Agency has decided not to proceed further with this action due to lack of comments.
Tomatoes Grown in Florida; Revisions in Requirements for Certificates of Privilege
Document Number: 05-17860
Type: Rule
Date: 2005-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the Certificate of Privilege (COP) requirements currently prescribed under the Florida tomato marketing order (order). The order regulates the handling of tomatoes grown in Florida and is administered locally by the Florida Tomato Committee (Committee). This rule requires those interested in receiving Florida tomatoes shipped under a COP to apply to the Committee to become an approved receiver. This rule also clarifies the definitions for processing and pickling as used in the rules and regulations under the order. These changes will assist the Committee in assuring that COP tomatoes are disposed of into COP outlets.
National Organic Program (NOP)
Document Number: 05-17859
Type: Notice
Date: 2005-09-09
Agency: Agricultural Marketing Service, Department of Agriculture
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is publishing this notice to inform certified organic producers and handlers of AMS' intention to release the names and addresses of certified operations to the general public. AMS has determined that the Organic Foods Production Act of 1990, as amended, 7 U.S.C. 6501 et seq. (OFPA), authorizes the release of the names and addresses of certified organic producers and handlers under the broad category of information characterized by the OFPA as ``certification documents.'' Therefore, AMS intends to release the names and addresses of certified producers and handlers to the general public in response to requests for such information.
United States Standards for Grades of Watermelons
Document Number: 05-17709
Type: Notice
Date: 2005-09-07
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS), of the Department of Agriculture is soliciting comments on its amended proposal to revise the United States Standards for Grades of Watermelons. AMS received a petition from the National Watermelon Association (NWA), amending a portion of their original petition. NWA's amended petition is requesting that seedless watermelons be defined as: ``Watermelons which have 10 or less mature seeds, not to include pips/caplets, on the face of the melon which has been cut into four equal sections (one lengthwise cut and one crosswise cut).'' NWA's original petition requested that a variance be added to the size requirements. This request remains unchanged.
United States Standards for Grades of Strawberries
Document Number: 05-17708
Type: Notice
Date: 2005-09-07
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to revise the United States Standards for Grades of Strawberries. Based on a request from the California Strawberry Commission (CSC), AMS is proposing to modify the standards to allow that percentages be determined by count rather than volume. The proposed revision will make tolerance determination more objective and uniform.