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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 7 - Agriculture |
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Subtitle B - Regulations of the Department of Agriculture |
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Chapter VII - Farm Service Agency, Department of Agriculture |
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SubChapter D - Special Programs |
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Part 789 - Agriculture Priorities and Allocations System (APAS) |
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Subpart C - Placement of Rated Orders |
§ 789.16 - Changes or cancellations of priority ratings and rated orders.
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§ 789.16 Changes or cancellations of priority ratings and rated orders.
(a) The priority rating on a rated order may be changed or canceled by:
(1) An official action of USDA; or
(2) Written notification from the person who placed the rated order.
(b) If an unrated order is amended so as to make it a rated order, or a DO rating is changed to a DX rating, the supplier must give the appropriate preferential treatment to the order as of the date the change is received by the supplier.
(c) An amendment to a rated order that significantly alters a supplier's original production or delivery schedule constitutes a new rated order as of the date of its receipt. The supplier must accept or reject the amended order according to the provisions of § 789.13.
(d) The following amendments do not constitute a new rated order:
(1) A change in shipping destination;
(2) A reduction in the total amount of the order;
(3) An increase in the total amount of the order that has a negligible impact upon deliveries;
(4) A minor variation in size or design; or
(5) A change that is agreed upon between the supplier and the customer.
(e) If a person no longer needs items or services to fill a rated order, any rated orders placed with suppliers for the items or services, or the priority rating on those orders, must be canceled.
(f) When a priority rating is added to an unrated order, or is changed or canceled, all suppliers must be promptly notified in writing.