Agricultural Marketing Service April 2010 – Federal Register Recent Federal Regulation Documents

United States Standards for Grades of Potatoes
Document Number: 2010-9822
Type: Proposed Rule
Date: 2010-04-30
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would revise the United States Standards for Grades of Potatoes which were issued under the Agricultural Marketing Act of 1946. The Agricultural Marketing Service (AMS) is proposing to amend the similar varietal characteristic requirement to allow mixed colors and/or types of potatoes when designated as a mixed or specialty pack.
United States Standards for Grades of Frozen Blueberries
Document Number: 2010-9869
Type: Notice
Date: 2010-04-29
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS), of the United States Department of Agriculture (USDA) is withdrawing a notice soliciting comments on its proposed revision to the United States Standards for Grades of Frozen Blueberries. After considering the comments received regarding the proposed revision and the withdrawal of the petition requesting revisions, the agency has decided not to proceed with this action.
United States Standards for Grades of Olive Oil and Olive-Pomace Oil
Document Number: 2010-9866
Type: Notice
Date: 2010-04-28
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the United States Standards for Grades of Olive Oil. This revision includes updated terms consistent with objective criteria for determining quality and purity among the grades of olive oil and olive-pomace oil commonly accepted in the United States and abroad. The revision will facilitate the marketing of olive oil and olive-pomace oil, employ terms consistent with the marketplace, provide definitions for olive oil and olive-pomace oil, promote truth in labeling, and provide a basis for enforcement by State and Federal agencies if these products are mislabeled.
Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States; Section 610 Review
Document Number: 2010-9833
Type: Rule
Date: 2010-04-28
Agency: Agricultural Marketing Service, Department of Agriculture
This document announces that the Agricultural Marketing Service (AMS) plans to review 7 CFR part 996, Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States, under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA).
Olives Grown in California; Increased Assessment Rate
Document Number: 2010-9827
Type: Rule
Date: 2010-04-28
Agency: Agricultural Marketing Service, Department of Agriculture
This rule increases the assessment rate established for the California Olive Committee (Committee) for the 2010 and subsequent fiscal years from $28.63 to $44.72 per assessable ton of olives handled. The Committee locally administers the marketing order, which regulates the handling of olives grown in California. Assessments upon olive handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
User Fees for 2010 Crop Cotton Classification Services to Growers
Document Number: 2010-9828
Type: Proposed Rule
Date: 2010-04-27
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is proposing to maintain user fees for cotton producers for 2010 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2009. These fees are also authorized under the Cotton Standards Act of 1923. The 2009 crop user fee was $2.20 per bale, and AMS proposes to continue the fee for the 2010 cotton crop at that same level. This proposed fee and the existing reserve are sufficient to cover the costs of providing classification services for the 2010 crop, including costs for administration and supervision.
Milk in the Northeast and Other Marketing Areas; Order Amending the Orders
Document Number: 2010-9402
Type: Rule
Date: 2010-04-23
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends the producer-handler definitions of all Federal milk marketing orders to limit exemption from pooling and pricing provisions to those with total route disposition and sales of packaged fluid milk products to other plants of 3 million pounds or less per month. The exempt plant definition will continue to limit disposition of Class I milk products to 150,000 pounds or less per month. A referendum was held and the required number of producers approved the issuance of the orders as amended.
Raisins Produced From Grapes Grown in California; Final Free and Reserve Percentages for 2009-10 Crop Natural (Sun-Dried) Seedless Raisins
Document Number: 2010-9241
Type: Rule
Date: 2010-04-22
Agency: Agricultural Marketing Service, Department of Agriculture
This rule establishes final volume regulation percentages for 2009-10 crop Natural (sun-dried) Seedless (NS) raisins covered under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is locally administered by the Raisin Administrative Committee (committee). The volume regulation percentages are 85 percent free and 15 percent reserve. The percentages are intended to help stabilize raisin supplies and prices, and strengthen market conditions.
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; Changes to Reporting Dates
Document Number: 2010-8273
Type: Rule
Date: 2010-04-20
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes reporting dates prescribed under the marketing order that regulates 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. The order is administered locally by the Cranberry Marketing Committee (Committee). This rule revises the due dates of handler reports to provide more time for handlers to file their reports with the Committee, and would improve handler compliance with the order's reporting regulations.
Notice of Request for Renewal of a Recordkeeping Burden
Document Number: 2010-8286
Type: Notice
Date: 2010-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), 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.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-8280
Type: Notice
Date: 2010-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intent 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, Marketing Order No. 930 (7 CFR part 930).
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; Revised Nomination and Balloting Procedures
Document Number: 2010-8277
Type: Rule
Date: 2010-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the nomination and balloting procedures for independent growers on the Cranberry Marketing Committee (Committee). The order regulates the handling of cranberries produced 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 is administered locally by the Committee. This rule revises the nomination and balloting procedures for independent growers to allow them to participate in the election process for either a member or alternate member on the Committee. The current procedures do not provide for an election process for each position separately.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Changes to Reporting and Assessment Due Dates
Document Number: 2010-8267
Type: Proposed Rule
Date: 2010-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on proposed changes to the reporting and assessment date requirements prescribed under the marketing order regulating the handling of sweet onions grown in the Walla Walla Valley of southeast Washington and northeast Oregon. The marketing order is administered locally by the Walla Walla Sweet Onion Marketing Committee (hereinafter referred to as the ``Committee''). This rule would revise the submission due date for certain handler reports and assessment payments from September 1 to September 30. The proposed changes would allow handlers additional time to compile requisite information and submit it to the Committee. It is expected that this action would improve handler compliance with the administrative requirements of the marketing order.
Establishment of a U.S. Honey Producer Research, Promotion, and Consumer Information Order
Document Number: 2010-7575
Type: Proposed Rule
Date: 2010-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
This proposed rule would establish a new U.S. honey producer funded research and promotion program under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). The proposed U.S. Honey Producer Research, Promotion and Consumer Information Order (Proposed U.S. Producer Order) was submitted to the Department of Agriculture (Department) by the American Honey Producers Association (AHPA). The Department is conducting an initial referendum to ascertain whether the persons to be covered by and assessed under the Proposed U.S. Producer Order favor the Order prior to it going into effect. The Proposed U.S. Producer Order would provide that producers pay an assessment to the U.S. Honey Producer Board (Proposed Board) at the rate of $0.02 cents per pound of U.S. honey produced and shall only be imposed on U.S. producers. A producer who produces less than 100,000 pounds of U.S. honey per year would be eligible for a certificate of exemption. The Proposed U.S. Producer Order would be implemented if it is approved by a majority of the producers voting in the referendum, which also represent a majority of the volume of U.S. honey produced during the representative period by those voting in the referendum. A separate final rule on referendum procedures is being published in this issue of the Federal Register.
U.S. Honey Producer Research, Promotion, and Consumer Information Order; Referendum Procedures
Document Number: 2010-7574
Type: Rule
Date: 2010-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
This rule establishes procedures which the Department of Agriculture (USDA or the Department) will use in conducting a referendum to determine whether the issuance of the proposed U.S. Honey Producer Research, Promotion, and Consumer Information Order (Proposed U.S. Producer Order) is favored by persons to be covered by and assessed under this Order. The Proposed U.S. Producer Order will be implemented if it is approved by a majority of the eligible producers voting in the referendum who also represent a majority of the volume of U.S. honey produced. These procedures will also be used for any subsequent referendum under the Order, if it is approved in the initial referendum. The Proposed U.S. Producer Order is being published separately in this issue of the Federal Register. This program is being implemented under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act).
Notice of Request for an Extension of a Currently Approved Information Collection
Document Number: 2010-7855
Type: Notice
Date: 2010-04-07
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the intention of the Agricultural Marketing Service (AMS) to request an extension from the Office of Management and Budget (OMB), for a currently approved information collection in support of customer-focused improvement initiatives for USDA-procured poultry, livestock, fruit, and vegetable products.
Department of Agriculture Civil Monetary Penalties Adjustment
Document Number: 2010-6560
Type: Rule
Date: 2010-04-07
Agency: Agricultural Marketing Service, Department of Agriculture, Commodity Credit Corporation, Farm Service Agency, Grain Inspection, Packers and Stockyards Administration, Office of the Secretary
In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, this final rule adjusts civil monetary penalties imposed by agencies within USDA to incorporate an inflation adjustment.
Changes in Hourly Fee Rates for Science and Technology Laboratory Services-Fiscal Years 2010-2012
Document Number: 2010-7739
Type: Rule
Date: 2010-04-06
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is changing the annual standard, appeal, overtime, and holiday hourly fee rates for fiscal years 2010-2012 for Science and Technology (S&T) Laboratory Services in order to recover anticipated laboratory program costs. The Agency is raising these rates to reflect, among other factors, national and locality pay increases for Federal employees and inflation, operating costs, instrumentation and training, equipment maintenance costs, and program and agency administrative overhead costs. The
Notice of Request for Extension of a Currently Approved Information Collection
Document Number: 2010-7572
Type: Notice
Date: 2010-04-05
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the intention of Agricultural Marketing Service (AMS) to request an extension from the Office of Management and Budget (OMB), for a currently approved information collection in support of Poultry Market News Programs.
Notice of Request for an Extension of a Currently Approved Information Collection
Document Number: 2010-7570
Type: Notice
Date: 2010-04-05
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-20), this notice announces the intention of the Agricultural Marketing Service (AMS) to request an extension for and revision to a currently approved information collection in support of the Regulations for Voluntary Grading of Poultry Products and Rabbit Products.
Nectarines and Peaches Grown in California; Changes in Handling Requirements for Fresh Nectarines and Peaches
Document Number: 2010-7569
Type: Rule
Date: 2010-04-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes the handling requirements applicable to well matured fruit covered under the nectarine and peach marketing orders (orders). The orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule updates the variety-specific size requirements to reflect changes in commercially significant varieties. This will enable handlers to continue to ship fresh nectarines and peaches in a manner that meets consumer needs, increases returns to producers and handlers, and reflects current industry practices.
Nectarines and Peaches Grown in California; Increased Assessment Rates
Document Number: 2010-7568
Type: Proposed Rule
Date: 2010-04-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rates established for the Nectarine Administrative Committee and the Peach Commodity Committee (Committees) for the 2009-10 and subsequent fiscal periods from $0.0175 to $0.0280 per 25-pound container or container equivalent of nectarines handled, and from $0.0025 to $0.026 per 25-pound container or container equivalent of peaches handled. The Committees locally administer the marketing orders which 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 periods run from March 1 through the last day of February. The assessment rates would remain in effect indefinitely unless modified, suspended, or terminated.
Irish Potatoes Grown in Colorado; Relaxation of the Handling Regulation for Area No. 3
Document Number: 2010-7564
Type: Rule
Date: 2010-04-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule relaxes the size requirement prescribed under the Colorado potato marketing order. The marketing order regulates the handling of Irish potatoes grown in Colorado, and is administered locally by the Colorado Potato Administrative Committee for Area No. 3 (Committee). This rule provides for the handling of all varieties of potatoes with a minimum diameter of \3/4\ inch, if the potatoes otherwise meet U.S. No. 1 grade. This change is intended to provide potato handlers with greater marketing flexibility, producers with increased returns, and consumers with a greater supply of potatoes.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Relaxation of Handling Requirements
Document Number: 2010-7563
Type: Rule
Date: 2010-04-05
Agency: Agricultural Marketing Service, Department of Agriculture
This rule relaxes the handling requirements prescribed under the California table grape marketing order (order) and the table grape import regulation. The order regulates the handling of table grapes grown in a designated area of southeastern California and is administered locally by the California Desert Grape Administrative Committee (committee). The import regulation is authorized under section 8e of the Agricultural Marketing Agreement Act of 1937 and regulates the importation of table grapes into the United States. This rule relaxes the one-quarter pound minimum bunch size requirement for the 2010 and subsequent seasons for grapes packed in consumer packages holding 2 pounds net weight or less. Under the relaxation, up to 20 percent of the weight of such containers may consist of single clusters of at least five berries each. This action continues the relaxation that was prescribed on a one-year test basis in 2009 and provides California desert grape handlers and importers the flexibility to respond to an ongoing marketing opportunity to meet consumer needs.