Agricultural Marketing Service 2022 – Federal Register Recent Federal Regulation Documents

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 (OMB) for an extension of a currently approved information collection for Regulations Governing Inspection Certification of Fresh & Processed Fruits, Vegetables, & Other Products.

The Agricultural Marketing Service is providing an additional 45 days for submission of comments and information from the public regarding the proposed revisions to the regulations under the Packers and Stockyards Act, 1921 that promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets.

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 extension of a currently approved collection titled ``Local Food Directories and Survey'' (OMB 0581-0169). Under the Agricultural Marketing Act of 1946, as amended, AMS is responsible for conducting research to enhance market access for small and medium sized farmers. The role of the Marketing Services Division (MSD) of AMS is to facilitate distribution of U.S. agricultural products. This information is used to populate USDA's National Farmers Market Directory and periodically market managers are invited to participate in a comprehensive survey assessing the farmers market sector.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for and revision to a currently approved information collection for Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas, Marketing Order No. 986.

This rule amends the National List of Allowed and Prohibited Substances (National List) section of the United States Department of Agriculture's (USDA) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule allows low-acyl gellan gum, a food additive used as a thickener, gelling agent, and stabilizer, as an ingredient in processed organic products. This rule also allows paper- based crop planting aids for organic crop production. Finally, this rule replaces the term ``wood resin'' on the National List with the term ``wood rosin'' to reflect the popular spelling of the substance.

The Agricultural Marketing Service (AMS) is announcing its decisions regarding proposed changes to its mycotoxin test kit performance criteria after evaluating public comments received during prior publications in the Federal Register (85 FR 82427 and 86 FR 10531).

This proposed rule would implement a recommendation from the Prune Marketing Committee (Committee) to increase the assessment rate established for the 2022-23 crop year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This proposal invites comments on changes to the representation of the National Mango Board (Board) under the Mango Promotion, Research and Information Order (Order). This action would allocate the seven foreign producer Board seats to the top five mango exporting countries, based on mango volume exported to the United States, with an additional seat allocated to the top exporting country, and one at-large seat. In addition, the proposal would require no more than one Board member be employed by or be affiliated with the same company. The Board administers the Order with oversight by Agricultural Marketing Service (AMS). This rule was recommended by the Board and is issued with the concurrence of AMS.

This recommended decision proposes amendments to Marketing Order No. 984 (Order), which regulates the handling of walnuts grown in California. The proposed amendments are based on the record of a public hearing held via videoconference technology on April 19 and 20, 2022. The California Walnut Board (Board), which locally administers the Order, recommended proposed amendments that would eliminate mandatory inspection and certification of inshell and shelled walnuts, and of shelled walnuts for processing; create a new mechanism for determining and collecting handler assessments; add authority to charge interest for late payments; establish an assessment rate of $0.0125 per inshell pound of walnuts; expand the definition of ``to handle'' to include ``receive''; and remove volume control authority. In addition, the Agricultural Marketing Service (AMS) proposed to make any such changes to the Order as may be necessary to conform to any amendment that may result from the hearing.

This proposed rule invites comments on a recommendation from the Washington Apricot Marketing Committee (Committee) to terminate the Federal marketing order regulating the handling of apricots grown in designated counties in Washington (Marketing Order No. 922). The Committee determined the marketing order is no longer necessary to maintain orderly marketing conditions and unanimously recommended its termination. Following the Committee's recommendation, the Agricultural Marketing Service (AMS) suspended the remaining reporting and assessment collection requirements under the marketing order while it considered termination of the marketing order. After reviewing the Committee's recommendation and other information submitted, AMS determined that the marketing order no longer tends to effectuate the declared policy of the Agricultural Marketing Agreement Act of 1937. If implemented, this proposed rule would remove Marketing Order No. 922 from the Code of Federal Regulations.

The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is proposing revision to the U.S. Standards for Beans, pertaining to the grade determining factors Moisture and Contrasting Chickpeas in the class Chickpea/ Garbanzo Beans, under the United States Agricultural Marketing Act of 1946, as amended, (AMA). Stakeholders in the bean processing/handling industry requested AMS to amend the grading requirements for Moisture and Contrasting Chickpeas in Chickpea/Garbanzo Beans in the U.S. Bean Standards. To ensure that the bean standards remain relevant, AMS invites interested parties to comment on whether revising the Chickpea/ Garbanzo standard will facilitate the marketing of Chickpea/Garbanzo Beans. This action may revise or amend the table of Grades and Grade Requirements for Chickpea/Garbanzo Beans in the U.S. Standard for Beans.

The Agricultural Marketing Service (AMS) is providing additional time for the public to submit comments and information about how to update the United States Department of Agriculture (USDA) organic regulations on inert ingredients in pesticides used in organic production. AMS seeks comments on alternatives to its existing regulations that would align with the Organic Foods Production Act of 1990 (OFPA) and the U.S. Environmental Protection Agency's (EPA) regulatory framework for inert ingredients. Information from public comments would inform AMS's approach to this topic, including any proposed revisions of the USDA organic regulations.

The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is soliciting comments on proposed revisions to the regulations under the Packers and Stockyards Act, 1921. The proposal would prohibit certain prejudices against market-vulnerable individuals that tend to exclude or disadvantage covered producers in those markets. The proposal would identify retaliatory practices that interfere with lawful communications, assertion of rights, and associational participation, among other protected activities, as unjust discrimination prohibited by the law. The proposal would also identify unlawfully deceptive practices that violate the Packers and Stockyards Act with respect to contract formation, contract performance, contract termination, and contract refusal. The purpose of the rule is to promote inclusive competition and market integrity in the livestock, meats, poultry, and live poultry markets.

The Agricultural Marketing Service (AMS) is providing additional time for the public to submit comments and information that will inform policy development and future rulemaking proposals regarding the use of poultry grower ranking systems commonly known as tournaments in contract poultry production. AMS seeks this input in response to numerous complaints from poultry growers about the use of tournament systems. Comments in response to this request would help AMS tailor further rulemaking in addition to that already planned and under way to address specific industry practices in relation to tournament systems.

This rule implements a recommendation from the Avocado Administrative Committee to increase the assessment rate established for the 2022-23 and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The United States Grain Standards Act (USGSA) designations of the official agencies listed in SUPPLEMENTARY INFORMATION below will end on the prescribed dates. The Agricultural Marketing Service (AMS) is seeking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. Designation provides for private entities or state governmental agencies to be an integral part of the official grain inspection system. Designated agencies work under the supervision of AMS's Federal Grain Inspection Service (FGIS) and are authorized to provide official inspection and weighing services in a defined geographical area. In addition, we request comments on the quality of services provided by the following designated agencies: Alabama Department of Agriculture and Industries (Alabama); Kankakee Grain Inspection, Inc. (Kankakee); Missouri Department of Agriculture (Missouri); Hastings Grain Inspection, Inc. (Hastings); Aberdeen Grain Inspection, Inc. (Aberdeen); and Washington Department of Agriculture (Washington). 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 implements a recommendation from the California Olive Committee to decrease the assessment rate established for the 2022 fiscal year and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for and revision to a currently approved information collection for Almonds Grown in California, Marketing Order No. 981.

Notice is hereby given that Agricultural Marketing Service (AMS) is extending the comment period for the proposed rule published in the Federal Register on June 1, 2022 by 30 days. The proposed rule invited comments on proposed revisions to U.S. Standards for Grades of Pecans in the Shell and U.S. Standards for Grades of Shelled Pecans.

Through this Notice, the U.S. Department of Agriculture (USDA) is announcing the following: Its intent to reestablish the Charter of the Fruit and Vegetable Industry Advisory Committee (FVIAC), which expires March 16, 2022; its call for nominations to fill up to 25 upcoming vacancies for appointments in 2022, and its call for nominations for a pool of candidates to fill future unexpected vacancies in any position categories should that occur. The FVIAC is seeking members who represent the fruit and vegetable industry including growers, shippers, wholesalers/distributors, brokers, retailers/restaurant representatives, state agencies, state departments of agriculture, foodservice suppliers, and fresh-cut and other fruit and vegetable processors. The FVIAC should also include representatives of farmers markets and food hubs, organic and non-organic fruit and vegetable representatives, farmer organizations, and produce trade associations. Please note, individuals who are federally registered lobbyists, appointed to committees to exercise their own individual best judgment on behalf of the government (e.g., as Special Government Employees) are ineligible to serve and cannot be considered for USDA advisory committee membership. Members can only serve on one USDA advisory committee at a time. All nominees will undergo a USDA background check. You must submit the following to nominate yourself or someone else to the FVIAC: a resume (required), a USDA Advisory Committee Membership Background Information Form AD-755available online at https://www.usda.gov/sites/default/files/documents/ad-755.pdf (required), a cover letter (required), and a list of endorsements or letters of recommendation (optional). The resume or curriculum vitae must be limited to five one-sided pages and should include a summary of the following information: Current and past organization affiliations; areas of expertise; education; career positions held; and any other notable positions held. For submissions received that are more than five one-sided pages in length, only the first five pages will be reviewed.

On July 9, 2021, President Biden issued an Executive Order titled ``Promoting Competition in the American Economy,'' which creates a White House Competition Council and directs Federal agency actions to enhance fairness and competition across America's economy. The Executive Order directs the Council and member agencies to ``identify and advance any additional administrative actions necessary'' to promote competition on an ongoing basis. The Secretary of Agriculture (the Secretary) takes note of wide-ranging concern from agricultural producers regarding access to and pricing of fertilizer. This notice requests comments and information from the public to assist the U.S. Department of Agriculture (USDA) in identifying relevant difficulties, including competition concerns, and potential policy solutions for the fertilizer market.

On July 9, 2021, President Biden issued an Executive Order titled ``Promoting Competition in the American Economy,'' which creates a White House Competition Council and directs Federal agency actions to enhance fairness and competition across America's economy. Among other things, the Executive Order directs the Secretary of Agriculture (the Secretary) to prepare a report on concerns and strategies for ensuring that the intellectual property (IP) system, while incentivizing innovation, does not also unnecessarily reduce competition in seed and other input markets. This notice requests comments and information from the public to assist the U.S. Department of Agriculture (USDA or the Department) in preparing the report required by the Executive Order and advancing policy steps on seeds and other inputs identified in and developed by the report.

This rule removes the undesignated center headings in a part of the Code of Federal Regulations administered by the Agricultural Marketing Service (AMS). Further, this rule organizes the part's sections into subparts and adds designated subpart headings. This action is intended to make the part more readable and easier to amend in the future. Finally, these revisions are made to conform to Office of the Federal Register formatting requirements.

This final rule amends the United States Department of Agriculture's (USDA) organic regulations to implement recommendations from the National Organic Standards Board (NOSB). The rule prohibits fourteen nonorganic ingredients, which are currently allowed in the manufacture of organic processed products. The rule also prohibits two substances (vitamin B1 and procaine), which are currently allowed in organic crop and livestock production. Finally, the rule renews an allowance for two substances (oxytocin and sucrose octanoate esters) in organic production.

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 National Bioengineered Food Disclosure Standard.