Agricultural Marketing Service June 2012 – Federal Register Recent Federal Regulation Documents

On June 6, 2012, AMS published a final rule to address substances due to sunset from the U.S. Department of Agriculture's National List of Allowed and Prohibited Substances (National List) in 2012. This final rule amended two listings for pectin on the National List effective June 27, 2012.

This final rule amends Marketing Agreement and Order No. 987 (order), which regulates the handling of domestic dates produced or packed in Riverside County, California. The amendments approved by producers in referendum were proposed by the California Date Administrative Committee (CDAC or committee), which is responsible for local administration of the order. The amendments are intended to improve administration of and compliance with the order and reflect current industry practices. Two amendments proposed by the Agricultural Marketing Service (AMS) were not approved in referendum.

This final rule amends Marketing Agreement and Order No. 983 (order), which regulates the handling of pistachios grown in California, Arizona, and New Mexico. The amendments were proposed by the Administrative Committee for Pistachios (Committee), which is responsible for local administration of the order. The amendments will provide authority to establish aflatoxin and quality regulations for pistachios shipped to export markets, including authority to establish different regulations for different markets; change a related section of the order concerning substandard pistachios to conform to the proposed addition of export authority; and correct an erroneous cross- reference to another section of the order. These amendments are intended to provide authority to ensure uniform and consistent aflatoxin and quality regulations in the domestic and various export markets.

This proposed rule would amend the Lamb Promotion, Research, and Information Order (Order) to increase the assessment rate on all live ovine animals sold from $.005 per pound to $.007 per pound for producers, feeders, and seedstock producers, and from $.30 per head of ovine animals purchased for slaughter to $.42 per head for first handlers. The increase is provided for under the Order, which is authorized by the Commodity Promotion, Research, and Information Act of 1996 (Act). The American Lamb Board (Board), which administers the Order, recommended this action to maintain and expand their promotional, research, advertising, and communications programs.

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. These amendments were proposed by the Cherry Industry Administrative Board (CIAB), which is responsible for local administration of the order. These amendments revise: the definition of ``Handle''; and regulations concerning ``Marketing Policy'' and ``Grower Diversion Privilege.'' The amendments are intended to improve the operation and administration of the order.

This final rule addresses recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) on April 29, 2010, October 28, 2010, and April 29, 2011. These recommendations pertain to the 2012 Sunset Review of substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). Consistent with the NOSB recommendations, this final rule continues, without change, the exemptions (use) and prohibitions for multiple listings on the National List for 5 years after their respective sunset dates. This final rule also amends the exemptions (use) for 7 substances and removes the exemptions for 3 substances on the National List.