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

Apricots Grown in Designated Counties in Washington; Increased Assessment Rate
Document Number: 2010-15941
Type: Proposed Rule
Date: 2010-06-30
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would increase the assessment rate established for the Washington Apricot Marketing Committee (Committee) for the 2010-11 and subsequent fiscal periods from $1.00 to $1.50 per ton for Washington apricots. The Committee is responsible for local administration of the marketing order regulating the handling of apricots grown in designated counties in Washington. Assessments upon handlers of apricots are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins April 1 and ends March 31. The assessment rate would remain in effect indefinitely unless modified, suspended or terminated.
Kiwifruit Grown in California; Order Amending Marketing Order No. 920
Document Number: 2010-15744
Type: Rule
Date: 2010-06-29
Agency: Agricultural Marketing Service, Department of Agriculture
This rule amends Marketing Order No. 920 (order), which regulates the handling of kiwifruit grown in California. The amendments are based on proposals by the Kiwifruit Administrative Committee (committee), which is responsible for local administration of the order. The amendments will redefine the grower districts into which the production area is divided and reallocate committee membership among the districts, revise the deadline for committee nominations, and revise committee meeting and voting procedures. The amendments were approved by kiwifruit growers in a referendum conducted from March 12 through March 26, 2010. The amendments are intended to improve the operation and administration of the California kiwifruit marketing order program. Proposed amendments that failed in referendum and are not effectuated in this final order include revising committee member terms of office, authorizing the Secretary to fill committee vacancies based upon committee recommendations, authorizing research and promotion programs and accepting voluntary contributions for such programs, and allowing substitute alternates to represent absent members at committee meetings.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-15300
Type: Notice
Date: 2010-06-24
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 an extension and revision to a currently approved generic information collection for marketing orders covering fruit crops.
Raisins Produced From Grapes Grown in California; Final Free and Reserve Percentages for 2009-10 Crop Natural (Sun-Dried) Seedless Raisins
Document Number: 2010-15298
Type: Rule
Date: 2010-06-24
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that established final volume regulation percentages of 85 percent free and 15 percent reserve for the 2009-10 crop of Natural (sun-dried) Seedless (NS) raisins covered under the Federal marketing order for California raisins (order). The percentages are intended to help stabilize raisin supplies and prices, and strengthen market conditions.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-15297
Type: Notice
Date: 2010-06-24
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 an extension for and revision to a currently approved generic information collection for vegetables and specialty crop marketing order programs.
Milk in the Northeast and Other Marketing Areas; Correction.
Document Number: 2010-15296
Type: Proposed Rule
Date: 2010-06-24
Agency: Agricultural Marketing Service, Department of Agriculture
This document contains a correction to the proposed rule that was published in the June 14, 2010, Federal Register (75 FR 33534). The proposed rule inadvertently used the word ``or'' rather than ``and'' in the proposed amendment to Sec. 1000.15 paragraph (b)(1) that provides exceptions to the fluid milk product definition. This document corrects the proposed rule by revising that section and directs that a referendum be conducted on the proposed amendments in the corrected proposed rule.
Walnuts Grown in California; Changes to the Quality Regulations for Shelled Walnuts
Document Number: 2010-14845
Type: Proposed Rule
Date: 2010-06-21
Agency: Agricultural Marketing Service, Department of Agriculture
This rule invites comments on revisions to the quality regulations for shelled walnuts under the Federal marketing order for California walnuts (order). The order regulates the handling of walnuts grown in California and is administered locally by the California Walnut Board (Board). This rule would require inspection and certification of shelled walnut products after manufacturing instead of before manufacturing. It would also establish a process to specify that manufactured products smaller than eight sixty-fourths of an inch in diameter are derived from walnut pieces that have been inspected and certified to U.S. Commercial grade standards. These changes would result in more efficient and cost-effective handler operations, and would certify the final size and grade of all manufactured walnut pieces.
User Fees for 2010 Crop Cotton Classification Services to Growers
Document Number: 2010-14582
Type: Rule
Date: 2010-06-17
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) will 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 this rule will continue the fee for the 2010 cotton crop at that same level. This 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.
Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Relaxation of Handling Requirements
Document Number: 2010-14572
Type: Rule
Date: 2010-06-17
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that relaxed the handling requirements prescribed under the California table grape marketing order (order) and the table grape import regulation. The interim rule relaxed 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.
Tobacco Inspection and Grading Services: Notice of Request for an Extension and Revision of a Currently Approved Information Collection
Document Number: 2010-14571
Type: Notice
Date: 2010-06-17
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 approval from the Office of Management and Budget, for an extension of and revision to the currently approved information collection in support of the Fair and Equitable Tobacco Reform Act of 2004 (U.S.C. Chapter 518), 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.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Changes to Reporting and Assessment Due Dates
Document Number: 2010-14569
Type: Rule
Date: 2010-06-17
Agency: Agricultural Marketing Service, Department of Agriculture
This rule changes 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 revises the submission due date for certain handler reports and assessment payments from September 1 to September 30. This change allows handlers additional time to compile requisite information and submit it to the Committee. It is expected that this action will improve handler compliance with the administrative requirements of the marketing order.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Withdrawal of Proposed Rule
Document Number: 2010-14287
Type: Proposed Rule
Date: 2010-06-15
Agency: Agricultural Marketing Service, Department of Agriculture
The Agricultural Marketing Service (AMS) is withdrawing a proposed rule published in the June 4, 2010 [75 FR 31719], issue of the Federal Register, inviting written exceptions to proposed amendments to Marketing Agreement and Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The proposed rule was published in error.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Order Amending Marketing Order No. 930
Document Number: 2010-14286
Type: Rule
Date: 2010-06-15
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends Marketing Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The amendments were proposed by the Cherry Industry Administrative Board (Board), which is responsible for local administration of the order. These amendments will: Authorize changing the primary reserve capacity associated with the volume control provisions of the order; authorize establishment of a minimum inventory level at which all remaining product held in reserves would be released to handlers for use as free tonnage; establish an age limitation on product placed into reserves; revise the nomination and election process for handler members on the Board; revise Board membership affiliation requirements; and update order language to more accurately reflect grower and handler participation in the nomination and election process in districts with only one Board representative.
Milk in the Northeast and Other Marketing Areas; Final Decision on Proposed Amendments to Marketing Agreements and Orders
Document Number: 2010-12771
Type: Proposed Rule
Date: 2010-06-14
Agency: Agricultural Marketing Service, Department of Agriculture
This final decision maintains the current fluid milk product definition's compositional standard of 6.5 percent nonfat milk solids criterion and incorporates an equivalent 2.25 percent true milk protein criterion for determining if a product meets the compositional standard. The decision also determines how milk and milk-derived ingredients should be priced under all Federal milk marketing orders when used in products meeting the fluid milk product definition. The decision provides exemptions for drinkable yogurt products containing at least 20 percent yogurt (by weight), kefir, and products intended to be meal replacements from the fluid milk product definition. The orders as amended are subject to producer approval by referendum before they can be implemented.
Perishable Agricultural Commodities Act: Impact of Post-Default Agreements on Trust Protection Eligibility
Document Number: 2010-13634
Type: Proposed Rule
Date: 2010-06-08
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is proposing to amend the
Notice of Request for Revision of a Currently Approved Information Collection
Document Number: 2010-13625
Type: Notice
Date: 2010-06-08
Agency: Agricultural Marketing Service, Department of Agriculture
In accordance with the Paperwork Reduction Act of 1995 (44
Sweet Cherries Grown in Designated Counties in Washington; Change in the Handling Regulation
Document Number: 2010-13408
Type: Rule
Date: 2010-06-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule revises the handling regulation for cherries under the Washington cherry marketing order. The marketing order regulates the handling of sweet cherries grown in designated counties in Washington and is administered locally by the Washington Cherry Marketing Committee (Committee). This rule adds quality and pack requirements for Rainier cherries and other lightly-colored sweet cherry varieties that are designated as ``premium'' when handled. This change is expected to reduce market confusion regarding the marketing of such cherries; improve producer returns by providing pack differentiation; and benefit producers, handlers, and consumers.
Popcorn Promotion, Research, and Consumer Information Order; Reapportionment
Document Number: 2010-13407
Type: Proposed Rule
Date: 2010-06-04
Agency: Agricultural Marketing Service, Department of Agriculture
This rule proposes to reduce the Popcorn Board (Board) membership from nine to five members to reflect the consolidation of the popcorn industry and therefore, fewer popcorn processors in the industry. In accordance with the Popcorn Promotion, Research and Consumer Information Order (Order) which is authorized by the Popcorn Promotion, Research and Consumer Information Act (Act), the number of members on the Board may be changed by regulation; provided, that the Board consist of not fewer than four members and not more than nine members. In addition, the Order states that for purposes of nominating and appointing processors to the Board, the Secretary may take into account the geographical distribution of popcorn processors.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Recommended Decision on Proposed Amendment of Marketing Agreement and Order No. 930
Document Number: 2010-13348
Type: Proposed Rule
Date: 2010-06-04
Agency: Agricultural Marketing Service, Department of Agriculture
This recommended decision invites written exceptions to proposed amendments to Marketing Agreement and Order No. 930 (order), which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. Seven amendments were proposed by the Cherry Industry Administrative Board (Board), which is responsible for local administration of the order. These proposed amendments would: Authorize changing the primary reserve capacity associated with the volume control provisions of the order; authorize establishment of a minimum inventory level at which all remaining product held in reserves would be released to handlers for use as free tonnage; establish an age limitation on product placed into reserves; revise the nomination and election process for handler members on the Board; revise Board membership affiliation requirements; and update order language to more accurately reflect grower and handler participation in the nomination and election process in districts with only one Board representative. In addition, the Agricultural Marketing Service (AMS) proposed to make any such changes as may be necessary to the order to conform to any amendment that may result from the hearing.
Blueberry Promotion, Research, and Information Order; Increase Membership
Document Number: 2010-13346
Type: Rule
Date: 2010-06-03
Agency: Agricultural Marketing Service, Department of Agriculture
This rule adds two importer members and their alternates to the U.S. Highbush Blueberry Council (Council) to reflect changes in the quantity of highbush blueberry imports in the past three years. The change was proposed by the Council in accordance with the provisions of the Blueberry Promotion, Research, and Information Order (Order) which is authorized by the Commodity Promotion, Research, and Information Act of 1996 (Act). The Order requires that the Council review the geographical distribution of the United States production and the quantity of imports of highbush blueberries at least every five years. As a result of these changes, the total Council membership will increase from 14 to 16 members and their alternates. In addition, this rule increases the quorum minimum from seven to nine members.
Nectarines and Peaches Grown in California; Increased Assessment Rates
Document Number: 2010-13333
Type: Rule
Date: 2010-06-03
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 2010-11 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 will remain in effect indefinitely unless modified, suspended, or terminated.
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