§ 980.501 - Safeguard procedures for potatoes, onions, and tomatoes exempt from grade, size, quality, and maturity requirements.

§ 980.501 Safeguard procedures for potatoes, onions, and tomatoes exempt from grade, size, quality, and maturity requirements.

(a) Exempt use. Each person who imports or receives any of the commodities listed in paragraphs (a)(1) through (5) of this section shall file (electronically or paper) an “Importer's Exempt Commodity Form” (FV–6SC–6) with the Marketing Order and Agreement Market Development Division, Specialty Crops Program, AMS, USDA. A “person who imports” may include a customs broker, acting as an importer's representative (hereinafter referred to as “importer”). A copy of the completed form (electronic or paper) shall be provided to the U.S. Customs and Border Protection. If a paper form is used, a copy of the form shall accompany the lot to the exempt outlet specified on the form. Any lot of any commodity offered for inspection and, all or a portion thereof, subsequently imported as exempt under this provision shall also be reported on an FV–6 SC–6 form. Such form (electronic or paper) shall be provided to the Marketing Order and Agreement Market Development Division in accordance with paragraph (d) of this section. The applicable commodities are:

(1) Potatoes, onions or tomatoes for consumption by charitable institutions or distribution by relief agencies;

(2) Potatoes, onions, or tomatoes for processing;

(3) Potatoes or onions for livestock feed; or

(4) Pearl onions; or

(5) Tomatoes to be used in noncommercial outlets for experimental

(b) Certification of exempt use.

(1) Each importer of an exempt commodity as specified in paragraph (a) of this section shall certify on the FV–6 SC–6 form (electronic or paper) as to the intended exempt outlet (e.g., processing, charity, livestock feed). If certification is made using a paper FV–6 SC–6 form, the importer shall provide a handwritten signature on the form.

(2) Each receiver of an exempt commodity as specified in paragraph (a) of this section shall also receive a copy of the associated FV–6 SC–6 form (electronic or paper) filed by the importer. Within two days of receipt of the exempt lot, the receiver shall certify on the form (electronic or paper) to the Marketing Order and Agreement Market Development Division that such lot has been received and will be utilized in the exempt outlet as certified by the importer. If certification is made using a paper FV–6 SC–6 form, the receiver shall provide a handwritten signature on the form.

(c) Disposition. It is the responsibility of the importer to notify the Marketing Order and Agreement Market Development Division of any lot of exempt commodity rejected by a receiver, shipped to an alternative exempt receiver, returned to the country of origin, or otherwise disposed of. In such cases, a second FV–6 SC–6 form must be filed by the importer, providing sufficient information to determine ultimate disposition of the exempt lot, and such disposition shall be so certified by the final receiver.

(d) Filing. All FV–6 SC–6 forms and other correspondence regarding entry of exempt commodities must be submitted electronically, by mail, or by fax to the Marketing Order and Agreement Market Development Division, Fruit and Vegetable Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; telephone [phone]; email ComplianceInfo@[e-mail]; or fax [phone].

[80 88 FR 1567782234, MarNov. 25, 2015, as amended at 81 FR 87412, Dec. 5, 201624, 2023]