Agricultural Marketing Service 2021 – Federal Register Recent Federal Regulation Documents

In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the Fruit and Vegetable Industry Advisory Committee (FVIAC). The meeting is being convened to examine industry recommendations provided by the Produce Marketing Association (PMA) and the United Fresh Produce Association (United Fresh). During the two-day FVIAC public meeting held November 3-4, 2021, the industry trade groups jointly submitted recommendations for discussion and consideration by FVIAC representatives. This virtual meeting will provide FVIAC representatives the opportunity to engage with United Fresh-PMA stakeholders.

This rulemaking revises the Lamb Promotion, Research, and Information Order (Order), requiring market agencies (e.g., commission merchant, auction market, livestock market) in the business of receiving lambs to collect and remit on behalf of the producer, feeder, or seedstock producer, the ``live-weight'' assessment on ovine animals sold and the ``price-per-head'' assessment owed by the first handler when lambs are sold through these channels. Market agencies are required to remit the full assessment to the American Lamb Board (also known as the Lamb, Promotion, Research, and Information Board (Board)) when ovine animals are sold. This rulemaking includes technical amendments to the Order, correcting references to assessment rates that were inadvertently not updated during the previous amendment to the Order.

This rule implements a recommendation from the Cherry Industry Administrative Board to revise the reporting requirements prescribed under the Federal marketing order regulating the handling of tart cherries. This action modifies reporting requirements to include the information necessary to determine the portion of total inventory that is greater than five years old.

In accordance with the Paperwork Reduction Act of 1995, 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 for Export Health Certificate Request Forms.

This proposed rule would implement a recommendation from the Administrative Committee for Pistachios (Committee) to increase the assessment rate established for 2021-22 and subsequent production years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

In the June 28, 2021, Federal Register, AMS asked persons interested in providing official U.S. Grain Standards Act services in the West Lafayette, Indiana designation area to submit an application. There are two applicants for the West Lafayette, Indiana area: Champaign-Danville Grain Inspection Departments, Inc. (Champaign) and North Dakota Grain Inspection Service, Inc. (North Dakota). Both applicants are currently designated official agencies and applied for designation to provide official services for the entire area formerly assigned to Titus Grain Inspection, Inc. Each applicant is also currently serving in an interim designation capacity. The geographic area is described in the SUPPLEMENTARY INFORMATION below. We are asking for comments on these applicants.

This proposed rule invites comments on a recommendation from the State of Washington Apricot Marketing Committee (Committee) to suspend the reporting and assessment requirements prescribed under the marketing order regulating apricots grown in designated counties in Washington (Marketing Order No. 922). In a separate meeting, the Committee also unanimously recommended terminating Marketing Order No. 922. This rule proposes to indefinitely suspend the assessment and associated reporting requirements of the marketing order during the period that the USDA is processing the termination request.

This rule implements a recommendation from the California Date Administrative Committee (Committee) to increase the assessment rate for the 2020-21 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This final rule adjusts the number of members on the United Soybean Board (Board) to reflect changes in production levels that have occurred since the Board was last reapportioned in 2018. As required by the Soybean Promotion, Research, and Consumer Information Act (Act), membership on the Board is reviewed every 3 years and adjustments are made accordingly. This change results in a decrease in Board membership for one State (Alabama), decreasing the total number of Board members from 78 to 77. These changes are reflected in the Soybean Promotion and Research Order (Order) and will be effective with the Secretary of Agriculture's (Secretary) appointments for terms in the year 2022. This final rule also corrects the number of States and units to the Order. Technical corrections to the regulations adjust the number of States and units from 30 to 31.

The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is withdrawing a proposed rule published in the Federal Register on December 20, 2016. The proposed rule would have identified criteria that the Secretary of Agriculture (Secretary) could consider when determining whether a live poultry dealer's use of a system for ranking poultry growers for settlement purposes is unfair, unjustly discriminatory, or deceptive or gives an undue or unreasonable preference, advantage, prejudice, or disadvantage. Proposed amendments would also have clarified that, absent demonstration of a legitimate business justification, failing to use a poultry grower ranking system in a fair manner after applying the identified criteria is unfair, unjustly discriminatory, or deceptive and a violation of the Packers and Stockyards Act, regardless of whether it harms or is likely to harm competition. The Secretary has determined to withdraw the 2016 proposed rule and develop revised proposals pertaining to poultry grower ranking systems.

United States Grain Standards Act (USGSA) designations of official agencies listed in SUPPLEMENTARY INFORMATION below will end on prescribed dates. We are seeking persons or governmental agencies interested in providing official services in areas presently served by these agencies to submit an application for designation. In addition, we request comments on the quality of services provided by the following designated agencies: Northeast Indiana Grain Inspection, Inc. (Northeast Indiana); State Grain Inspection, Inc. (State Grain); J.W. Barton Grain Inspection Service, Inc. (Barton); Farwell Commodity and Grain Services, Inc. (Farwell Southwest); Northern Plains Grain Inspection Service, Inc. (Northern Plains); Plainview Grain Inspection and Weighing Service, Inc. (Plainview); Sioux City Inspection and Weighing Service Company (Sioux City); and the Montana Department of Agriculture (Montana). The Agricultural Marketing Service (AMS) encourages submissions from traditionally underrepresented individuals, organizations, and businesses to reflect the diversity of this industry. AMS encourages submissions from qualified applicants, regardless of race, color, age, sex, sexual orientation, gender identity, national origin, religion, disability status, protected veteran status, or any other characteristic protected by law.

This final rule adjusts the number of member seats apportioned to each district represented on the Florida Tomato Committee (Committee). The Department of Agriculture (USDA) is taking this action due to a 2020 amendment to the marketing order for tomatoes grown in Florida, which reduced the size of the Committee from 12 members to 10, but did not also reduce the number of member seats per district. This action changes the number of members in each of the two districts from six members and their alternates to five members and their alternates, to resolve the regulatory conflict.

In accordance with the Federal Advisory Committee Act, as amended, the Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), is announcing a meeting of the Fruit and Vegetable Industry Advisory Committee (FVIAC). The meeting is being convened to examine the full spectrum of fruit and vegetable industry issues and provide recommendations and ideas to the Secretary of Agriculture on how the U.S. Department of Agriculture (USDA) can tailor programs and services to better meet the needs of the U.S. produce industry.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Agriculture (USDA), Agricultural Marketing Service's (AMS) intention to receive approval from the Office of Management and Budget (OMB) for a new information collection to administer the Seafood Processors Pandemic Response and Safety (SPRS) Block Grant Program under its Grants Division. Due to the enactment of the Consolidated Appropriations Act, 2021 (CAA), AMS Grants Division is implementing this new grant program under Title VII, subtitle, B, section 751, which directs the Secretary of Agriculture to provide ``grants and loans to small or midsized food processors or distributors, seafood processing facilities and processing vessels, farmers markets, producers, or other organizations to respond to coronavirus, including for measures to protect workers against the Coronavirus Disease 2019 (COVID-19).''

The U.S. Department of Agriculture (USDA) is announcing a six- month moratorium on the enforcement of mandatory inspection requirements under the Federal marketing order for California walnuts.

This direct final rule reopens the voting period and amends rules and regulations regarding dates for a sign-up period for eligible cotton producers and importers to request a continuance referendum on the 1991 amendments to the Cotton Research and Promotion Order (Order) provided for in the Cotton Research and Promotion Act (Act) amendments of 1990.

This final rule revises size requirements for Irish potatoes grown in certain designated counties of Idaho, and Malheur County, Oregon. The Idaho-Eastern Oregon Potato Committee (Committee) recommended this action to improve the handling and marketing of Idaho- Eastern Oregon potatoes and increase returns to producers.

This final rule revises regulations under authority of the United States Grain Standards Act (USGSA) by implementing a standardized formula model for calculating Federal Grain Inspection Service (FGIS) supervision fees. The revision enables FGIS to adjust supervision fees annually in order to maintain an appropriate operating reserve as required by the USGSA. As with other Agricultural Marketing Service (AMS) fee-based programs, AMS will publish annual FGIS fee updates in the Federal Register and post updated fee schedules on its website. The revision also eliminates or revises certain registration and duplication fees charged by FGIS.

This rule establishes the Dairy Donation Program as required by the Consolidated Appropriations Act of 2021. Under the program, eligible dairy organizations that account to a Federal milk marketing order and incur a qualified expense related to certain dairy product donations may apply for and receive reimbursements for those donations. The program is intended to facilitate donation of eligible dairy products and prevent and minimize food waste.

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, ``Requirements Under Regulations Governing Inspection and Grading Services of Manufactured or Processed Dairy Products.''

The Agricultural Marketing Service (AMS) is amending the Cotton Board Rules and Regulations, decreasing the value assigned to imported cotton for the purposes of calculating supplemental assessments collected for use by the Cotton Research and Promotion Program. This amendment is required each year to ensure that assessments collected on imported cotton and the cotton content of imported products will be the same as those paid on domestically produced cotton. In addition, AMS is updating the Harmonized Tariff Schedule (HTS) statistical reporting numbers that were amended since the last assessment adjustment in 2020.

This proposed rule would implement a recommendation from the California Date Administrative Committee to increase the assessment rate for the 2020-21 and subsequent crop years. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This proposed rule would implement an Avocado Administrative Committee recommendation to increase the assessment rate established for the 2021-22 and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the U.S. Standards for Grades of Watermelons. Changes will provide a common language for trade of watermelons.

This rule implements a recommendation from the Prune Marketing Committee to increase the assessment rate established for the 2020-21 and subsequent crop years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.