Agricultural Marketing Service June 2011 – Federal Register Recent Federal Regulation Documents

This action summarizes the results under the criteria contained in section 610 of the Regulatory Flexibility Act (RFA), of an Agricultural Marketing Service (AMS) review of Marketing Order No. 925 regulating the handling of grapes grown in a designated area of southeastern California (order). Based upon its review, AMS has concluded that there is a continued need for the order.

The USDA intends to reestablish the Fruit and Vegetable Industry Advisory Committee (Committee). The purpose of the Committee is to examine the full spectrum of issues faced by the fruit and vegetable industry and provide suggestions and ideas to the Secretary of Agriculture on how USDA can tailor its programs to better meet the fruit and vegetable industry's needs. USDA also seeks nominations of individuals to be considered for selection as Committee members.

This document amends the recommended manufacturing milk requirements (Recommended Requirements) by raising the maximum allowable somatic cell count in producer herd goat milk from 1,000,000 cells per milliliter to 1,500,000 cells per milliliter. This action was initiated at the request of the National Association of Dairy Regulatory Officials (NADRO) and was developed in cooperation with NADRO, dairy trade associations, and producer groups. This will ensure that goat milk can continue to be shipped and recognizes that goats have a need for different regulatory limits for somatic cells than cows.

This rule invites comments on revisions to the handling regulation for onions handled under the Idaho-Eastern Oregon onion marketing order. The marketing order regulates the handling of onions grown in designated counties in Idaho, and Malheur County, Oregon, and is administered locally by the Idaho-Eastern Oregon Onion Committee (Committee). This rule would revise the marketing order's handling regulation to allow special purpose shipments of onions for experimentation. The revision would allow the Idaho-Eastern Oregon onion industry to identify and develop new market niches and is expected to benefit producers, handlers, and consumers of onions. This proposal also announces the Agricultural Marketing Service's (AMS) intent to request a revision of the currently approved information collection requirements under the order.

The National Organic Program (NOP) is announcing the availability of four draft guidance documents intended for use by accredited certifying agents and certified operations. The draft guidance documents are entitled as follows: ``The Use of Kelp in Organic Livestock Feed (NOP 5027)''; ``Responding to Results from Pesticide Residue Testing (NOP 5028)''; ``Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production (NOP 5029)''; and ``Evaluating Allowed Ingredients and Sources of Vitamins and Minerals For Organic Livestock Feed, Feed Supplements, and Feed Additives (NOP 5030)''. These draft guidance documents are intended to inform the public of NOP's current thinking on these topics. A notice of availability of final guidance on these topics will be issued upon their final approval. Once finalized, these guidance documents will be available from the NOP through ``The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) and Certified Operations.

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 Processed Raisins. Based on the petitioner's request to withdraw their petition, the agency has decided not to proceed with this action.

This rule suspends the marketing order for Irish potatoes grown in Southeastern states (order), and the rules and regulations implemented thereunder, through March 1, 2014. The order regulates the handling of Irish potatoes grown in Southeastern states and is administered locally by the Southeastern Potato Committee (Committee). The Committee believes advances in farming technology and production quality have reduced the need for the order. When considering the costs associated with continuing the order, the Committee unanimously recommended that the order be suspended.

The Agricultural Marketing Service (AMS) is proposing the 2011 amendments to the Cotton Board Rules and Regulations by increasing the value assigned to imported cotton for the purpose of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. An amendment is required to adjust the supplemental assessment and ensure that assessments collected on imported raw cotton and the cotton content of imported cotton-containing products and assessments collected on domestically produced cotton are the same. In addition, AMS proposes to update textile trade conversion factors used to determine the raw fiber equivalents of imported cotton-containing products and to expand the number of Harmonized Tariff Schedule (HTS) statistical reporting numbers from the current 706 to 2,371 to assess all imported cotton and cotton-containing products.

AMS is revising the Federal Seed Act (FSA) regulations. The rule amends the list of prohibited noxious-weed seeds to reflect the recent addition of four species, deletion of two species, and changes in the nomenclature of four species listed in the Federal Noxious Weed Act (FNWA). The rule updates the seed labeling regulations, noxious- weed seed tolerances, seed testing regulations, and seed certification regulations. The rule also revises the nomenclature of kinds regulated under the FSA and corrects several minor errors. The list of noxious- weed seeds is amended to help prevent the spread of these highly destructive weeds. The labeling regulations and noxious-weed seed tolerances are amended to prevent potential conflicts with State regulations, reflect currently used terms, and reflect current industry practices. The seed testing and seed certification regulations are amended to incorporate the latest in seed testing and seed certification knowledge and to prevent potential conflicts with State regulations.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the United States Standards for Grades of Frozen Okra. The standards for frozen okra would be changed from a ``variable score point'' system to an ``individual attribute'' grading system; the ``dual grade nomenclature'' would be replaced with single letter grade designation and editorial changes would be included. These changes would bring the standards for frozen okra in line with the present quality levels being marketed today and would provide guidance in the effective utilization of frozen okra.

As provided for by the Cotton Research and Promotion Act Amendments of 1990, the Agricultural Marketing Service (AMS) is announcing its intention to conduct a review to ascertain whether a referendum is needed to determine whether producers and importers favor continuation of amendments to the Cotton Research and Promotion Order. This notice invites all interested parties to submit written comments to the Department of Agriculture (USDA). USDA will consider these comments in determining whether a referendum is warranted. USDA should announce review results sometime during the latter part of 2011.

The Organic Foods Production Act of 1990 (OFPA) requires sunset (expiration) of the exempted or prohibited use of substances on the National List of Allowed and Prohibited Substances (National List) under the National Organic Program (NOP). The exemptions and prohibitions granted on the National List under the OFPA are required to be reviewed every 5 years by the National Organic Standards Board (NOSB). The Secretary of Agriculture has authority under the OFPA to renew such exemptions and prohibitions. If the substances are not reviewed by the NOSB and renewed by the Secretary within 5 years of their inclusion on the National List, then their authorized use or prohibition expires. As required by the OFPA, the allowed use of 11 synthetic and nonsynthetic substances in organic production and handling will expire on November 3, 2013. A prohibition on one nonsynthetic substance in organic production will expire on November 3, 2013. This advance notice of proposed rulemaking (ANPR) begins the public comment process on whether the identified existing exemptions or prohibition should be continued. This ANPR also establishes that the sunset review and renewal process must be concluded by November 3, 2013. Finally, this ANPR discusses how the NOP will manage the sunset review and renewal process.