[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)] [Rules and Regulations] [Pages 1269-1270] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-422] [[Page Unknown]] [Federal Register: January 10, 1994] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE 7 CFR Part 910 [FV93-910-3 FIR] Lemons Grown in California and Arizona; Increase in the Organic Exemption Provision AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document finalizes without change an interim final rule that amended the rules and regulations established under the marketing order covering California-Arizona lemons to increase from 350 to 500 cartons per week, the amount of organic lemons handlers may ship without regard to volume and size regulations. The marketing order regulates the handling of lemons grown in California and Arizona and is administered locally by the Lemon Administrative Committee (Committee). This final rule recognizes additional opportunity to market organic lemons to organic or health food wholesalers and retailers. EFFECTIVE DATE: February 9, 1994. FOR FURTHER INFORMATION CONTACT: Kellee J. Hopper, Marketing Specialist, California Marketing Field Office, Marketing Order Administration Branch, F&V, AMS, USDA, 2202 Monterey Street, suite 102B, Fresno, California, 93721; telephone: (209) 487-5901; or Kenneth G. Johnson, Marketing Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, room 2522-S, P.O. Box 96456, Washington, DC 20090-6456: telephone: (202) 720-5127. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 910 [7 CFR part 910], as amended, regulating the handling of lemons grown in California and Arizona, hereinafter referred to as the ``order.'' This order is effective under the Agricultural Marketing Agreement Act of 1937, as amended [7 U.S.C 601-674], hereinafter referred to as the ``Act.'' The Department is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12778, Civil Justice Reform. This action is not intended to have retroactive effect. This rule will not preempt any state or local laws, regulations, or policies, unless they present an irreconcilable conflict with this action. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with the Secretary a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing the Secretary would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction in equity to review the Secretary's ruling on the petition, provided a bill in equity is filed not later than 20 days after date of the entry of the ruling. Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Administrator of the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 2,000 producers of lemons in the production area and approximately 70 handlers subject to regulation under the marketing order. Small agricultural producers have been defined by the Small Business Administration [13 CFR 121.601] as those having annual receipts of less than $500,000, and small agricultural service firms are defined as those whose annual receipts are less than $3,500,000. The majority of these handlers and producers may be classified as small entities. Section 910.80 of the order authorizes the Committee, with the approval of the Secretary, to establish minimum quantities and types of shipments which shall be free from regulation under this order. Section 910.180(d)(3) of the administrative rules and regulations prescribes procedures governing exemption from volume and size regulations for organic lemons handled in minimum quantities. On July 23, 1993, Mr. Rich Hart, President of Rainbow Valley Orchards, sent a letter to the Committee requesting an increase in the amount of organic lemons a handler may ship free of order regulations to 500 cartons per week. Currently, handlers can ship up to 350 cartons of such lemons weekly. At its August 3, 1993, meeting, the Committee recommended increasing the organic exemption provision from 350 to 500 cartons per week that handlers may ship to organic or health food wholesalers and retailers without regard to volume and size regulations. The vote on the recommendation was 12 in favor and 1 abstention. The person who abstained expressed a concern with the definition of organic. Shippers of organic lemons have indicated that organic fruit markets can absorb more fruit than in the past, and that they need to take advantage of the additional marketing opportunity. The Committee expects the increase in shipments allowed will provide shipping flexibility for organic shippers and will facilitate the marketing of organic lemons. The Committee also believes that sales of organic lemons will not adversely impact sales of regulated lemons. The interim final rule was issued on October 4, 1993, with an effective date of October 8, 1993, and published in the Federal Register [58 FR 52401, October 8, 1993]. The interim final rule provided a 30-day comment period ending November 8, 1993, and no comments were received. The interim final rule amended the rules and regulations of the lemon marketing order. This rule modifies language in the order's rules and regulations to increase from 350 to 500 cartons per week, the amount of organic lemons handlers may ship free of order regulations. Based on these considerations, the Administrator of the AMS has determined that this action will not have a significant economic impact on a substantial number of small entities. In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35), the information collection requirements that are contained in this rule have been previously approved by the Office of Management and Budget (OMB) and have been assigned OMB No. 0581-0120. After consideration of all relevant matter presented, including the information and recommendations submitted by the Committee and other available information, it is hereby found that this rule as hereinafter set forth will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 910 Lemons, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 910 is amended as follows: 1. The authority citation for 7 CFR part 910 continues to read as follows: Authority: 7 U.S.C. 601-674. PART 910--LEMONS GROWN IN CALIFORNIA AND ARIZONA 2. Accordingly, the interim final rule amending Sec. 910.180, which was published in the Federal Register [58 FR 52401, October 8, 1993], is adopted as a final rule without change. Dated: January 3, 1994. Robert C. Keeney, Deputy Director, Fruit and Vegetable Division. [FR Doc. 94-422 Filed 1-7-94; 8:45 am] BILLING CODE 3410-02-P
