Agricultural Marketing Service – Federal Register Recent Federal Regulation Documents
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Soybean Promotion and Research: Adjusting Representation on the United Soybean Board
This proposed rule would adjust 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 proposed change would result in a decrease in Board membership for one State, decreasing the total number of Board members from 78 to 77. These changes would be reflected in the Soybean Promotion and Research Order (Order) and would be effective with the Secretary of Agriculture's (Secretary) appointments for terms in the year 2022. This proposed rule would also correct the number of States and units to the Order. Technical corrections to the regulations would adjust the number of States and units from 30 to 31.
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; Continuance Referendum
This document directs that a referendum be conducted among eligible growers of 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 to determine whether they favor continuance of the marketing order regulating the handling of pecans produced in the production area.
Revision of a Currently Approved 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 a revision of a currently approved collection for the Regulations Governing the Inspection and Grading of Manufactured or Processed Dairy ProductsRecordkeeping (Subpart B).
Olives Grown in California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Olive Committee (Committee) to increase the assessment rate established for the 2021 and subsequent fiscal years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Notice of Intent To Request To Conduct a New Information Collection-Generic Clearance
This notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) to conduct a new collection for surveys conducted by the Transportation and Marketing Program Marketing Services Division funded through cooperative agreements with various cooperators (other Federal agencies, State governments, land grant universities, and other organizations). AMS works with universities and other entities to research market access issues related to local and regional food systems. Surveys are a vital tool to help determine where to focus our research, as well as where we should encourage or initiate original research to support the sector. This generic clearance will allow AMS to conduct surveys with cooperating institutions in a timely manner.
Request for Approval of a New Information Collection for Accounts Payable Information Request
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 request approval from the Office of Management and Budget (OMB), for a new 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. One new form is introduced in this information collection. The new form, LP-109A requests respondents accounts payable contact information used in facilitating billing administration.
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 U.S. Department of Agriculture (USDA) is announcing its call for nominations to fill four vacancies. Descriptions of the four positions are listed below under supplementary information. Appointees will serve a 5-year term beginning January 24, 2022, and ending January 23, 2027. Additionally, USDA seeks nominations for a pool of candidates that the Secretary of Agriculture (Secretary) can draw upon as replacement appointees if unexpected vacancies occur.
Walnuts Grown in California; Order Amending Marketing Order No. 984.
This final rule amends Marketing Order No. 984, which regulates the handling of walnuts grown in California. The amendments were proposed by the California Walnut Board (Board) and add the 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) made necessary changes to conform to the amendments adopted.
United States Standards for Sorghum
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is seeking comments from the public regarding the United States (U.S.) Standards for Sorghum under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, AMS invites interested parties to comment on whether the current sorghum standards and grading practices need to be changed.
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 Regulations Governing the Inspection of Eggs (as authorized by the Egg Products Inspection Act (EPIA)), which is commonly referred to as the Shell Egg Surveillance Program (OMB: 0581-0113).
Notice of Request for Extension and Revision of a Currently Approved Information Collection for the Dairy Product Mandatory Reporting Program
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 of a currently approved information collection under the Dairy Product Mandatory Reporting Program. The information collected supports the marketing of dairy products and is used to verify compliance with Federal milk marketing regulations.
Grapes Grown in a Designated Area of Southeastern California; Increased Assessment Rate
This proposed rule would implement a recommendation from the California Desert Grape Administrative Committee (Committee) to increase the assessment rate established for the 2021 and subsequent fiscal periods. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
National Organic Program; National List of Allowed and Prohibited Substances-Crops and Handling From October 2019 NOSB
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 add potassium hypochlorite for pre-harvest use as a sanitizer in organic crop production and fatty alcohols for sucker control in organic tobacco production. In addition, this rule proposes to remove the listing for dairy cultures, as it is redundant with an existing listing.
Pears Grown in Oregon and Washington; Modification of the Handling Regulation
This final rule modifies the handling regulation prescribed under the Federal marketing order regulating the handling of pears grown in Oregon and Washington.
Revision of U.S. Standards for Grades of Watermelons
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to revise the U.S. Standards for Grades of Watermelons. The proposed changes would provide a common language for trade of watermelons.
United States Standards for Grades of Frozen Corn on the Cob
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) has revised the U.S. Standards for Grades of Frozen Corn on the Cob.
Pistachios Grown in California, Arizona, and New Mexico; Increased Assessment Rate
This final rule implements a recommendation from the Administrative Committee for Pistachios (Committee) to increase the assessment rate established for the 2020-21 and subsequent production years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
Walnuts Grown in California; Decreased Assessment Rate
This proposed rule would implement a recommendation from the California Walnut Board (Board) to decrease the assessment rate established for the 2020-21 and subsequent marketing years. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Fees for Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies, Miscellaneous Fees for Other Services, and Removal of Specific Fee References
The Agricultural Marketing Service (AMS) invites comments on a proposal to implement a standardized formula model for calculating Federal Grain Inspection Service (FGIS) supervision fees. The proposed change would enable FGIS to adjust supervision fees annually in order to maintain an appropriate operating reserve as required by the United States Grain Standards Act (USGSA). As with other AMS fee-based programs, AMS would publish annual FGIS fee updates in the Federal Register and post updated fee schedules on its website. The proposed rule would also eliminate or revise certain registration and duplication fees charged by FGIS.
Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Assessment Rate Increase
This rule amends the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order (Order) to increase the assessment rate from $0.35 to $0.41 per thousand board feet (mbf). The Order is administered by the Softwood Lumber Board (Board) with oversight by the U.S. Department of Agriculture (USDA). This rule will also add the conversion factor for square meters to board feet and makes one conforming change.
Irish Potatoes Grown in Washington; Suspension of Reporting and Assessment Requirements
This final rule suspends the reporting and assessment requirements prescribed under the marketing order regulating Irish potatoes grown in Washington. In a separate action, the State of Washington Potato Committee recommended termination of the marketing order. This final rule indefinitely suspends the reporting and assessment requirements of the marketing order during the period that USDA is processing the termination request.
Mango Promotion, Research and Information Order; Removal of Frozen Mangos
This rule amends the Mango Promotion, Research and Information Order (Order) by removing the provisions of frozen mangos as a covered commodity. The Order is administered by the National Mango Board (Board) with oversight by the U.S. Department of Agriculture (USDA). In a referendum, first handlers and importers voted to remove frozen mangos as a covered commodity under the Order. This rule will remove frozen mangos as a covered commodity, discontinue the collection of assessments on frozen mangos, remove frozen mango entity representation on the Board, and make necessary conforming changes.
Lamb Promotion, Research, and Information Order; Activity Changes; Comment Period Reopened
The Agricultural Marketing Service (AMS) is providing an additional 30 days for public comments on the proposed rule that would amend the Lamb Promotion, Research, and Information Order (Order). Reopening the comment period gives interested persons an additional opportunity to comment on the proposal. Comments are solicited from all stakeholders, notably those who would be impacted by the proposed amendments.
Mycotoxin Test Kit Design Specifications and Performance Criteria
Notice is hereby given that the comment period is reopened for the notice that was published in the Federal Register on December 18, 2020. The publication invited comments on the changes that the Agricultural Marketing Service (AMS) proposes to its existing mycotoxin test kit criteria.
Opportunity for Designation in the Urbana, Illinois; Sandusky, Michigan; Davenport, Iowa; Enid, Oklahoma; Keokuk, Iowa; Marshall, Michigan; Council Bluffs, Iowa; Fremont, Nebraska; Annapolis, Maryland; Amarillo, Texas; Cairo, Illinois; Baton Rouge, Louisiana; Raleigh, North Carolina; Belmond, Iowa; and Ogden, Utah, Areas; Request for Comments on the Official Agencies Servicing This Area
The designations of the official agencies listed in SUPPLEMENTARY INFORMATION below will end on the prescribed dates. We are asking persons or governmental agencies interested in providing official services in the areas presently served by these agencies to submit an application for designation. 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. In addition, we are asking for comments on the quality of services provided by the following designated agencies: Champaign- Danville Grain Inspection Departments, Inc. (Champaign); Detroit Grain Inspection Service, Inc. (Detroit); Eastern Iowa Grain Inspection and Weighing Service, Inc. (Eastern Iowa); Enid Grain Inspection Company, Inc. (Enid); Keokuk Grain Inspection Service (Keokuk); Michigan Grain Inspection Services, Inc. (Michigan); Omaha Grain Inspection Service, Inc. (Omaha); Fremont Grain Inspection Department, Inc. (Fremont); Maryland Department of Agriculture (Maryland); Amarillo Grain Exchange, Inc. (Amarillo); Cairo Grain Inspection Agency, Inc. (Cairo); Louisiana Department of Agriculture and Forestry (Louisiana); North Carolina Department of Agriculture (North Carolina); D.R. Schaal Agency, Inc. (Schaal); and Utah Department of Agriculture and Food (Utah).
Meeting of the National Organic Standards Board
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 National Organic Standards Board (NOSB). Among other things, NOSB assists USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture (Secretary) on other aspects of the implementation of the Organic Foods Production Act.
Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Continuance Referendum
This document directs that a referendum be conducted among eligible producers of Irish potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon, to determine whether they favor continuance of the marketing order regulating the handling of Irish potatoes grown in the production area.
Establishment of a Domestic Hemp Production Program
This final rule supersedes the interim final rule that established the Domestic Hemp Production Program, as mandated by the Agriculture Improvement Act of 2018 (2018 Farm Bill). This rule includes regulations used by the Department of Agriculture (USDA) to approve plans submitted by States and Indian Tribes for the domestic production of hemp. This rule also includes regulations on the Federal hemp production plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plans. The program provides requirements for maintaining records about the land where hemp is produced, testing the levels of total delta-9 tetrahydrocannabinol, disposing of non-compliant plants, licensing hemp producers, and ensuring compliance under the new program.
Pecan Promotion, Research, and Information Order
This rule establishes the Pecan Promotion, Research, and Information Order (Order). This rule also establishes the procedures for conducting a referendum to determine whether the continuation of the proposed Order is favored by domestic producers and importers of pecans. In addition, this rule announces the Agricultural Marketing Service's (AMS) approval of new pecan information collection requirements by the Office of Management and Budget (OMB) for the operation of the Order.
Grain Fees for Official Inspection and Weighing Services Under the United States Grain Standards Act (USGSA)
The Agricultural Marketing Service (AMS) is announcing the 2021 fee schedule for official inspection and weighing services performed under the USGSA, as amended, in order to comply with Federal Grain Inspection Service regulations and the Agriculture Reauthorizations Act of 2015. This action publishes the annual review of Schedule A fees calculation and the resulting fees.
Plant Variety Protection Board; Open Teleconference Meeting
Pursuant to the Federal Advisory Committee Act (FACA), the Agricultural Marketing Service (AMS) is announcing a meeting of the Plant Variety Protection Board (Board). The meeting is being held to discuss a variety of topics including, but not limited to, regulation updates, subcommittee activities, and program activities. The meeting is open to the public. This notice sets forth the schedule and location for the meeting.
Cotton Research and Promotion Program: Determination of Whether To Conduct a Referendum Regarding 1990 Amendments to the Cotton Research and Promotion Act
This notice announces the Department's determination, based on a review by the Agricultural Marketing Service, that it is not necessary to conduct a referendum among producers and importers on continuation of the 1990 amendments to the Cotton Research and Promotion Act. The 1990 amendments require the Secretary of Agriculture to conduct a review to determine whether to hold a continuance referendum. Although USDA is of the view that a referendum is not needed, it will initiate a sign-up period, as required by the Act, to allow cotton producers and importers the opportunity to request a continuance referendum.
Mycotoxin Test Kit Design Specifications and Performance Criteria
The United States Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) evaluates the conformance of mycotoxin test kits to AMS-established design specifications and performance criteria. Only test kits that conform to all of the AMS requirements are approved for the official testing of grains and related commodities. AMS proposes to make several changes to the existing test kit criteria to improve testing services and better facilitate domestic and international trade. AMS is seeking public comment on the proposed changes to the criteria.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin; Modification of Assessment Rate
This proposed rule would implement a recommendation from the Cherry Industry Administrative Board (Board) to decrease the portion of assessments allocated to research and promotion activities and increase the portion allocated to administrative expenses. The overall assessment rate would remain unchanged. The proposed assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Undue and Unreasonable Preferences and Advantages Under the Packers and Stockyards Act
This final rule establishes a new regulation containing criteria the Secretary of Agriculture will consider when determining whether an undue or unreasonable preference or advantage has occurred in violation of the Packers and Stockyards Act, 1921 (Act). A provision of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) requires the Secretary to establish the criteria. The Act protects fair trade, financial integrity, and competitive marketing for livestock, meat, and poultry.
Walnuts Grown in California; Changes to Reporting Requirements
This rule revises the reporting requirements prescribed under the Federal marketing order regulating the handling of walnuts grown in California. This action requires California walnut handlers to report purchase commitments (walnuts sold but not yet shipped) with domestic and foreign buyers, monthly. This change provides more accurate information about supply and demand to the industry, which also enhances marketing efforts.
Request for Extension and Revision of a Currently Approved Information Collection
This notice announces the Agricultural Marketing Service's (AMS) intention to request that the Office of Management and Budget (OMB) approve a 3-year extension of a currently approved information collection for the ``Reporting and Recordkeeping Requirements under the United States Grain Standards Act (USGSA) and under the Agricultural Marketing Act of 1946 (AMA).'' This approval is required under the Paperwork Reduction Act of 1995 (PRA).
Designation of Amarillo Grain Exchange, Inc. To provide Class X or Class Y Weighing Services
The Agricultural Marketing Service (AMS) is announcing the designation of Amarillo Grain Exchange, Inc. (Amarillo) to provide Class X or Class Y weighing services under the United States Grain Standards Act (USGSA), as amended.
United States Standards for Beans
Notice is hereby given that the comment period for a notice for comment published in the Federal Register on September 29, 2020 is reopened. The publication invited comments on the revision to the method of interpretation for determining ``sample grade criteria,'' as it pertains to the class ``Blackeye beans,'' in the U.S. Standards for Beans under the United States Agricultural Marketing Act (AMA).
United States Standards for Split Peas
Notice is hereby given that the comment period for a notice for comment published in the Federal Register on September 29, 2020 is reopened. The publication invited comments on the revision to the method of interpretation for determining ``whole peas'' under the authority of the Agricultural Marketing Act (AMA).
Notice of Request for a New Collection To Populate an Agritourism Directory
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval of a new collection, entitled: Agritourism Directory, from the Office of Management and Budget. Upon approval, we request that this collection be merged into OMB 0581-0169, Local Food Directories and Survey, which was approved January 29, 2020.
United States Standards for Lentils
Notice is hereby given that the comment period for a notice for comment published in the Federal Register on September 29, 2020 is reopened. The publication invited comments on the revision to the method of interpretation for determining the special grade ``Green,'' as it pertains to the class ``Lentils,'' under the authority of the AMA.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)(PRA), 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 in support of the reporting and recordkeeping requirements under the Packers and Stockyards Act of 1921, as amended and supplemented (P&S Act). This approval is required under the PRA.
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin; Changes to Subcommittee Size and Addition of Term Limits
This rule implements a recommendation from the Cherry Industry Administrative Board (Board) to change subcommittee size and add term limits under the marketing order for tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin.
Tomatoes Grown in Florida; Amendments to the Marketing Order No. 966
This final rule amends Marketing Order No. 966, which regulates the handling of Florida Tomatoes. The amendments will change the Florida Tomato Committee's (Committee) size, length of the terms of office, and quorum requirements.
Lamb Promotion, Research, and Information Order; Correction
This document corrects the Supplementary Information to a proposed rule published in the Federal Register on October 5, 2020, regarding amendments to the Lamb Promotion, Research, and Information Order. This correction clarifies the assessment remittance process described in Examples 1 and 2 and removes the first paragraph in Example 5.
National Organic Program; Amendments to the National List of Allowed and Prohibited Substances per October 2018 NOSB Recommendations (Crops and Handling)
This final rule amends the National List of Allowed and Prohibited Substances (National List) section of the United States Department of Agriculture's (USDA's) organic regulations. This rule adds non-organic tamarind seed gum as an allowed ingredient in organic products when certified organic tamarind seed gum is not commercially available.
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) of the U.S. Department of Agriculture (USDA) is revising 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 will 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.
Termination of U.S. Consumer Standards
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) proposes to terminate the following 10 U.S. Consumer Standards: The U.S. Consumer Standards for Italian Sprouting Broccoli, U.S. Consumer Standards for Fresh Carrots, U.S. Consumer Standards for Celery Stalks, U.S. Consumer Standards for Husked Corn on the Cob, U.S. Consumer Standards for Fresh Kale, U.S. Consumer Standards for Fresh Spinach Leaves, U.S. Consumer Standards for Brussels Sprouts, U.S. Consumer Standards for Fresh Parsnips, U.S. Consumer Standards for Fresh Turnips, and U.S. Consumer Standards for Beet Greens. This proposed action is part of USDA's work to eliminate regulations that are outdated, unnecessary, ineffective, or impose costs that exceed benefits.
Avocados Grown in South Florida; Continuance Referendum
This document directs that a referendum be conducted among eligible growers of avocados grown in South Florida to determine whether they favor continuance of the marketing order regulating the handling of avocados produced in the production area.
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