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

This recommended decision invites written exceptions on proposed amendments to Marketing Agreement Nos. 124 and 85 and Order Nos. 916 and 917 (orders), which regulate the handling of nectarines and peaches grown in California. The Nectarine Administrative Committee (NAC), the Peach Commodity Committee (PCC), and the Control Committee (part of M.O. No. 917) (Committees), which are responsible for local administration of orders 916 and 917, jointly proposed the amendments. The proposed amendments to order 917 only apply to peaches. The amendments included in this recommended decision would: Update definitions for ``handle'', ``grower'', and the commodities covered in both orders; add a definition for ``pure grower''; increase committee membership of the NAC from eight to thirteen members and modify sections of the order to conform to the increased membership; eliminate the Shippers Advisory Committee (order 916); allow the Control Committee under order 917 to be suspended if the provisions of one commodity are suspended and transfer applicable duties and responsibilities to the remaining Commodity Committee; and authorize interest and late payment charges on assessments paid late; and other related amendments. All of the proposals are intended to streamline and improve the administration, operation, and functioning of the orders.

This final rule amends regulations pertaining to the producer milk provision of the Arizona-Las Vegas Federal milk order. More than the required number of producers for the Arizona-Las Vegas marketing area approved the issuance of the final order amendments.

This rule would increase the assessment rate established for the Walnut Marketing Board (Board) for the 2005-06 and subsequent fiscal periods from $0.0094 to $0.0096 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order which regulates the handling of walnuts grown in California. Assessments upon walnut handlers are used by the Board to fund reasonable and necessary expenses of the program. The marketing year began August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This rule provides procedures for a California Clingstone Peach Diversion Program. The program will be voluntary and consist entirely of tree removal. The program will be implemented under clause (3) of Section 32 of the Act of August 24, 1935, as amended. Based on 2003 and prior season acreage, production, supply, and marketing information for California clingstone peaches, this program is expected to bring the domestic canned peach supply more in line with the market and provide relief to growers faced with excess acreage and supplies, and with low prices. The program will ensure that removal is not part of the normal process of tree replacement.