§ 918.121 - Exemption certificates.

(a) Application. Each application pursuant to § 918.62 (Exemption certificates) for an exemption certificate to ship peaches of a particular variety shall be submitted to the Industry Committee on form “Grower Application for Exemption Certificate.” Such form may be obtained from the Industry Committee; and the completed application shall contain the following information:

(1) Name and address of the applicant; and date;

(2) Variety of peaches for which exemption is requested;

(3) District in which the orchard where such peaches are grown is located;

(4) Location (by county highway, rural route, distance from nearest town, etc.) of each of applicant's orchards of such variety in such district;

(5) Number and age of trees of the stated variety;

(6) Regulations from which exemption is requested;

(7) Estimated current crop (both harvested and unharvested) of such variety of peaches in such detail as required by the form of application for an exemption certificate;

(8) Estimated percentage of the aforesaid crop not meeting the requirements of the grade regulation then in effect and the reasons therefor;

(9) Estimated percentage of the aforesaid crop not meeting the minimum size requirements of the size regulation then in effect and the reasons therefor; and

(10) The aggregate number of bushels of the aforesaid crop which the applicant already (i) has shipped, and (ii) has had shipped for him.

(b) Issuance of exemption certificate; non-issuance. In the event the Industry Committee finds and determines, from proof satisfactory to the committee, that the applicant is entitled to an exemption certificate, the committee shall issue, or authorize the issuance of, an exemption certificate which shall permit the applicant to ship or have shipped the requisite quantity, as provided in § 918.62, of the particular variety of peaches. If the committee finds and determines that the applicant is not entitled to an exemption certificate, it shall so advise the applicant in writing, and give the reasons therefor.

(c) Shipments pursuant to an exemption certificate. Each grower who ships, or has shipped, any portion of his crop of such variety pursuant to an exemption certificate shall report the respective shipment promptly to the Industry Committee.