Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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Tomatoes Grown in Florida; Modification of Handling Requirements
This proposed rule invites comment on recommendations from the Florida Tomato Committee (Committee) to change the handling requirements in the Marketing Order regulating the handling of tomatoes grown in Florida. This action would revise the exemption, container, and definition sections under the handling requirements and would update language to reflect current industry practices.
National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances per April 2019 NOSB Recommendations (Livestock and Handling)
This proposed rule would amend the National List of Allowed and Prohibited Substances (National List) section of the United States Department of Agriculture's (USDA's) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule proposes to add the following substances to the National List: Oxalic acid dihydrate as a pesticide for organic apiculture; pullulan for use in organic handling in products labeled, ``Made with organic (specified ingredients or food group(s))''; and collagen gel casing as a nonorganic agricultural substance for use in organic handling when organic forms of collagen gel casing are not commercially available.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
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 the Child Nutrition Labeling Program.
Designation for the South Carolina Area
The Agricultural Marketing Service (AMS) is announcing the designations of D.R. Schaal Agency, Inc. (Schaal) and the North Carolina Department of Agriculture and Consumer Services (NCDA) to provide official services under the United States Grain Standards Act (USGSA), as amended.
USDA Farmers Market Application; Notice of Request for Extension and Revision of a Currently Approved Information Collection
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 USDA Farmers Market Application. Copies of this one-time yearly application form to participate in the U.S. Department of Agriculture (USDA) Farmers Market may be obtained by calling the AMS Transportation and Marketing Program contact listed or visiting the website at www.usda.gov/farmersmarket.
Micro-Grants for Food Security Program; Request for Emergency Approval of a New Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to receive approval from the Office of Management and Budget (OMB) to collect information for the Micro-Grants for Food Security Program (MGFSP) under its Grants Division. Due to the passing of the Agriculture Improvement Act of 2018 (Pub. L. 115-343) (Farm Bill), AMS Grants Division is implementing this new grant program under section 4206, which directs the Secretary of Agriculture to ``distribute funds to the agricultural department or agency of each eligible state for the competitive distribution of subgrants to eligible entities for fiscal year 2019 and each fiscal year thereafter.''
Notice of Request for Extension and Revision of a Currently Approved Information Collection
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 and revision to the currently approved information collection ``Laboratory Approval Programs.''
Proposed Posting, and Posting of Stockyards
The Agricultural Marketing Service (AMS), USDA, is taking action to post stockyards under the Packers and Stockyards Act (P&S Act). Specifically, we are proposing that 10 stockyards now operating subject to the P&S Act be posted. We are also posting 10 stockyards that were identified previously as operating subject to the P&S Act.
Notice of Request for an Extension of a Currently Approved Information Collection: Qualitative Feedback on Agency Service Delivery
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 associated with qualitative customer and stakeholder feedback on service delivery by the AMS.
Olives Grown in California; Decreased Assessment Rate
This rule implements a recommendation from the California Olive Committee (Committee) to decrease the assessment rate established for the 2020 fiscal year and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Change to the Board Membership Eligibility Requirements
This proposal invites comments on a change to the eligibility requirements for nominees representing domestic manufacturers on the Softwood Lumber Board (Board) established under the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order). The Board administers the Order with oversight by the U.S. Department of Agriculture (USDA).
Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Establishment of Reporting Requirements and New Information Collection
This proposed rule invites comments on a recommendation from the Citrus Administrative Committee (Committee) to establish reporting requirements under the Federal marketing order for oranges, grapefruit, tangerines, and pummelos grown in Florida. This action would require Florida citrus handlers who handle citrus grown within the production area to register with the Committee. This proposal also announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) of a new information collection.
Walnuts Grown in California; Suspension of Reserve Obligation and Its Requirements
This rule implements a recommendation from the California Walnut Board (Board) to suspend the reserve obligation and its requirements currently prescribed under the Federal marketing order for walnuts grown in California. This rule also removes references to the reserve obligation and its requirements.
Egg Research and Promotion; Reapportionment
This proposed rule would adjust representation on the American Egg Board (Board), established under the Egg Research and Consumer Information Act of 1974 (Act), and outlines changes to geographic areas based on sustained changes in egg production in several States. The Egg Research and Promotion Order (Order) establishes a Board composed of 18 members. Currently, the 48 contiguous States are divided into 6 areas with 3 members representing each area. This proposed rule would reduce the number of geographic areas from six to three. The number of Board members representing each geographic area would change to six. The total Board membership would remain at 18.
National Organic Program: USDA Organic Regulations
This document announces the renewal of substances listed on the National List of Allowed and Prohibited Substances (National List) within the U.S. Department of Agriculture's (USDA) organic regulations. This document reflects the outcome of the 2020 sunset review process and addresses recommendations submitted to the Secretary of Agriculture (Secretary), through the USDA's Agricultural Marketing Service (AMS), by the National Organic Standards Board (NOSB).
Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Agriculture (USDA) Agricultural Marketing Service's (AMS) intent to request approval from the Office of Management and Budget (OMB), for an extension of and revision to the currently approved information collection used in support of the voluntary grading and certification of meat, meat products, shell eggs, poultry products, rabbit products, and Quality Systems Verification Programs (OMB 0581-0128).
Notice of Funds Availability (NOFA); Purchase of Fruit, Vegetable, Dairy, and Meat Products Due to COVID-19 National Emergency-USDA Food Box Distribution Program
The Agricultural Marketing Service (AMS) announces the availability of $3 billion in funds for the purchase and distribution of fresh produce and dairy and meat products for Americans facing challenges due to the COVID-19 national emergency. AMS is utilizing an existing commodity procurement infrastructure to streamline and expand delivery of fresh produce and dairy and meat products to non-profit and governmental organizations that can distribute the commodities to Americans in need. Interested entities may apply for program participation through AMS's solicitation process.
Administrative Procedures Governing Formulation of a Research and Promotion Order
The Department of Agriculture (USDA) invites comments on the proposed establishment of administrative procedures to govern formulation of new research and promotion programs under the Commodity Promotion, Research, and Information Act of 1996 (Act). This rule would specify the process for proposing such programs to USDA. The proposed rule would further clarify that AMS will continue to require associations of producers or individuals proposing new programs to post a bond or other collateral to reimburse USDA for the costs of program development.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Increased Assessment Rate
This proposed rule would implement a recommendation from the Spearmint Oil Administrative Committee (Committee) to increase the assessment rate established for the 2020-2021 and subsequent marketing years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Watermelon Research and Promotion Plan; Realignment
This proposal invites comments on realigning the representation on the National Watermelon Promotion Board (Board) prescribed in the Watermelon Research and Promotion Plan (Plan) by reducing the number of production districts and reducing the number importers on the Board, accordingly. This action would contribute to effective administration of the program.
National Organic Program (NOP); Request for Comment on Organic Livestock and Poultry Practices Economic Analysis Report
The USDA Agricultural Marketing Service (AMS) requests public comment on an Economic Analysis Report related to the Organic Livestock and Poultry Practices final rule (OLPP Rule), published on January 19, 2017, and the final rule withdrawing the OLPP Rule (Withdrawal Rule), published on March 13, 2018. The public comment process for the Economic Analysis Report is being conducted consistent with an Order of the United States District Court for the District of Columbia, which granted USDA's Motion to Remand a legal challenge to the Withdrawal Rule for purposes of clarifying and supplementing the record regarding the economic analysis underlying both the OLPP Rule and the Withdrawal Rule. (See Organic Trade Association v. USDA; Civil Action No. 17-1875 (RMC) (March 12, 2020), ECF No. 112).
Grain Inspection Advisory Committee Meeting; Postponed
On March 17, 2020, The Agricultural Marketing Service (AMS) published a notice that announced the next meeting for the Grain Inspection Advisory Committee, which was scheduled for April 1, 2020, 8:30 a.m. to 5:00 p.m. & April 2, 2020, 8:30 a.m. to 5:00 p.m. AMS is publishing this notice to announce that this federal advisory committee meeting has been postponed and will be re-scheduled at a later date.
2020/2021 Rates Charged for AMS Services
The Agricultural Marketing Service (AMS) is announcing the 2020/2021 rates it will charge for voluntary grading, inspection, certification, auditing, and laboratory services for a variety of agricultural commodities including meat and poultry, fruits and vegetables, eggs, dairy products, and cotton and tobacco. The 2020/2021 regular, overtime, holiday, and laboratory services rates will be applied at the beginning of the crop year, fiscal year or as required by law depending on the commodity. Other starting dates are added to this notice based on cotton industry practices. This action establishes the rates for user-funded programs based on costs incurred by AMS. This year, all AMS user fee rates will remain unchanged.
Walnuts Grown in California; Hearing on Proposed Amendment of Marketing Order No. 984; Correction
The Agricultural Marketing Service (AMS), USDA, published a document in the Federal Register of February 11, 2020, announcing a public hearing to receive evidence on proposed amendments to Federal Marketing Order No. 984 (Order) regulating the handling of walnuts grown in California. The California Walnut Board (Board), which locally administers the Order, recommended proposed amendments that would add authority for the Board to provide credit for certain market promotion expenses paid by handlers against their annual assessments due under the Order and establish requirements to effectuate the new authority. In addition, AMS proposed to make changes to the Order as may be necessary to conform to any amendment that may result from the hearing. The date and method of the hearing have changed.
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; Changes to Reporting Requirements
This rule revises the reporting requirements prescribed under the Federal marketing order regulating the handling of pecans. This action reduces the number of monthly reporting requirements, revises the requirements for inter-handler transfers, and makes other conforming changes to the reporting requirements.
Subpart Nomenclature Change; Technical Amendment
This document makes nomenclature changes to subpart headings in the Agricultural Marketing Service's regulations to bring the language into conformance with the Office of the Federal Register (OFR) requirements.
Exceptions to Geographic Boundaries
The Agricultural Marketing Service (AMS) is issuing this advance notice of proposed rulemaking (ANPR) in response to recent changes to the United States Grain Standards Act (USGSA or Act). The Agricultural Improvement Act of 2018 (Farm Bill) amended the USGSA to allow customers to obtain grain inspection services from other than the designated official inspection agency (OA) for the customer's geographic area if the customer has not been receiving services from the designated OA. AMS is seeking public comment on criteria to evaluate requests submitted under this provision, known as the ``nonuse of service'' exception. The Agency is also seeking input on criteria to evaluate requests submitted under another USGSA exception provision, ``timely service.''
National Organic Standards Board (NOSB): Call for Nominations
The National Organic Standards Board (NOSB) was established to assist in the development of standards for substances to be used in organic production and to advise the Secretary on the implementation of the Organic Foods Production Act of 1990 (OFPA). Through this Notice, the United States Department of Agriculture (USDA) is announcing its call for nominations to fill five vacancies. Descriptions of the five positions are listed below under supplementary information. Appointees will serve a five-year term beginning January 24, 2021 and ending January 23, 2026. Additionally, the USDA seeks nominations for a pool of candidates that the Secretary of Agriculture can draw upon as replacement appointees if unexpected vacancies occur.
Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Increased Assessment Rate
This proposed rule would implement a recommendation from the Walla Walla Sweet Onion Marketing Committee (Committee) to increase the assessment rate established for the 2020 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Tart Cherries Grown in the States of Michigan, et al.; Free and Restricted Percentages for the 2019-20 Crop Year
This proposed rule would implement a recommendation from the Cherry Industry Administrative Board (Board) to establish free and restricted percentages for the 2019-20 crop year under the Marketing Order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This action would establish the proportion of tart cherries from the 2019-20 crop which may be handled in commercial outlets. This action should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns. Also, a correction would be made to this section to reflect the correct desirable carry-out inventory not to exceed a maximum of 100 million pounds.
Peanut Promotion, Research, and Information Order; Amendment to Primary Peanut-Producing States and Adjustment of Membership
This rule adds the State of Missouri as a primary peanut- producing State under the Peanut Promotion, Research, and Information Order (Order). The Order is administered by the National Peanut Board (Board) with oversight by the U.S. Department of Agriculture (USDA). This rule also adds a producer member and alternate member to the Board to represent the State of Missouri. The Board recommended this action to ensure the Board's representation reflects changes in the geographical distribution of the production of peanuts.
Onions Grown in South Texas; Decreased Assessment Rate
This proposed rule would implement a recommendation from the South Texas Onion Committee (Committee) to decrease the assessment rate established for the 2019-20 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Request for Extension of a Currently Approved Information Collection: Assessment Exemption for Organic Commodities Under Federal Marketing Orders
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (``AMS'') intention to request an extension for the form currently used by marketers to apply for exemption from market promotion assessments under Federal marketing order programs.
Information Collection Request: Discharge and Delivery Survey Summary and Rate Schedule Forms
In accordance with the Paperwork Reduction Act of 1995, the Agricultural Marketing Service (AMS) is requesting comments from all interested individuals and organizations on a renewal of a currently approved information collection request. This information collection is necessary to support the procurement of agricultural commodities for domestic and export food donation programs. AMS issues invitations to purchase or sell and transport commodities, as well as sample, inspect. and survey, agricultural commodities at both domestic and foreign locations for use in international food donation programs on a monthly, multiple monthly, quarterly, and yearly basis. The AMS Commodity Procurement Program contracts for marine cargo discharge survey services conducted at the foreign destinations to ascertain count and condition of the commodities delivered.
Christmas Tree Promotion, Research, and Information Order; Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this document announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB). AMS requests an extension of and revision to the currently approved information collection 0581-0268 the Christmas Tree Promotion, Research and Information Program.
Specified Commodities Imported Into the United States, Exempt From Import Regulations; Request for Extension of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this document announces the Agricultural Marketing Service's (AMS) intention to request an extension to currently approved forms used by importers of commodities that are exempt from section 8e import regulations.
U.S. Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Arizona), and U.S. Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona)
The Agricultural Marketing Service (AMS) proposes to revise the U.S. Standards for Grades of Grapefruit (Texas and States other than Florida, California, and Arizona) and the U.S. Standards for Grades of Oranges (Texas and States other than Florida, California, and Arizona). The revision would convert the Acceptable Quality Level (AQL) tables from showing the acceptable number of allowable defective fruit in each grade to showing the percentage of defects permitted in each grade; revise the minimum sample size to 25 fruit; update size classifications; remove references to Temple oranges from the orange standards for grade; and more closely align terminology in both grade standards with Florida and California citrus standards.
Changes to Reporting Requirements-Vegetable and Specialty Crop Import Regulations; and Other Clarifying Changes-Fruit, Vegetable, and Specialty Crop Import Regulations
This final rule changes the reporting requirements for certain Irish potatoes, tomatoes, and onions regulated under section 608e of the Agricultural Marketing Agreement Act of 1937, as amended (section 8e). With this change, importers of those regulated commodities that have been certified by a designated governmental inspection service other than the Federal or Federal-State Inspection Service as meeting section 8e requirements will be required to provide the inspection certificate number and a copy of the certificate to the Agricultural Marketing Service (AMS) (currently, the Canadian Food Inspection Agency is the only entity so designated). In addition, this rule changes the pistachio import regulations to provide for the electronic filing of aflatoxin test results and to eliminate a requirement to report the disposition of reworked or failed lots of pistachios. This rule also changes several of the section 8e regulations by removing or replacing outdated information.
Kiwifruit Grown in California; Continuance Referendum
This document directs that a referendum be conducted among eligible California kiwifruit growers to determine whether they favor continuance of the marketing order regulating the handling of kiwifruit grown in California.
Olives Grown in California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the California Olive Committee (Committee) to decrease the assessment rate established for the 2020 fiscal year and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
National Research, Promotion, and Consumer Information Programs; Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this document announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB), for an extension of and revision to the currently approved information collection of the National Research, Promotion, and Consumer Information Programs.
Tart Cherries Grown in the States of Michigan, et al.; Decreased Assessment Rate
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to decrease the assessment rate established for the 2019-20 and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Vegetable and Specialty Crop Marketing Orders; Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension and revision to the approved forms and information collection for marketing orders covering various vegetables and specialty crops.
Olives Grown in California; Proposed Amendments to the Marketing Order No. 932 and Referendum Order
This rulemaking proposes amendments to Marketing Order No. 932, which regulates the handling of olives grown in California. The proposed amendments would change the California Olive Committee's (Committee) quorum requirements. In addition, USDA is proposing a clarifying change stating that alternate members acting as members to form a quorum would also be eligible to cast votes.
Peanut Standards Board; Request for Nominations
The Farm Security and Rural Investment Act of 2002 (2002 Farm Bill) requires the Secretary of Agriculture (Secretary) to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The U.S. Department of Agriculture (USDA) is seeking nominations for individuals to be considered for selection as Board members for a term of office ending June 30, 2023.
Tomatoes Grown in Florida; Proposed Amendments to the Marketing Order No. 966 and Referendum Order
This rulemaking proposes amendments to Marketing Order No. 966, which regulates the handling of tomatoes grown in Florida. The proposed amendments would change the Florida Tomato Committee's (Committee) size, length of the terms of office, and quorum requirements.
Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2020-2021 Marketing Year
This proposed rule invites comments on a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to establish salable quantities and producer allotments of Class 1 (Scotch) and Class 3 (Native) spearmint oil produced in Washington, Idaho, Oregon, and designated parts of Nevada and Utah (the Far West) for the 2020-2021 marketing year.
Quality Systems Verification Programs
The Agricultural Marketing Service (AMS) proposes to amend regulations on Quality Systems Verification Programs (QSVP) to clarify that all voluntary, user-fee services under this part are applicable to all commodities covered by the Agricultural Marketing Act of 1946 (Act), as amended. Further, AMS proposes to broaden the scope of services to include all current and future AMS voluntary, user-fee audit verification and accreditation programs and services. AMS will also harmonize administrative procedures governing these services and make conforming changes as necessary in other parts of our regulations.
Grain Fees for Official Inspection and Weighing Services Under the United States Grain Standards Act (USGSA)
The Agricultural Marketing Service (AMS) is announcing the 2020 fee schedule for official inspection and weighing services performed under the USGSA, as amended, in order to comply with agency regulations and the Agriculture Reauthorizations Act of 2015. This action publishes the annual review of Schedule A fees calculation and the resulting fees.
Walnuts Grown in California; Hearing on Proposed Amendment of Marketing Order No.984
Notice is hereby given of a public hearing to receive evidence on proposed amendments to Federal Marketing Order No. 984 (Order) regulating the handling of walnuts grown in California. The California Walnut Board (Board), which locally administers the Order, recommended proposed amendments that would add authority for the Board to provide credit for certain market promotion expenses paid by handlers against their annual assessments due under the Order and establish requirements to effectuate the new authority. In addition, the Agricultural Marketing Service (AMS) proposes to make changes to the Order as may be necessary to conform to any amendment that may result from the hearing.
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