[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Proposed Rules]
[Pages 3848-3849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1908]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[FV-97-705RO]
Mushroom Promotion, Research, and Consumer Information Order;
Referendum Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
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SUMMARY: This action gives notice that a referendum will be conducted
to determine whether mushroom producers and importers favor continuance
of the Mushroom Promotion, Research, and Consumer Information Order
(Order). In order to continue, the Order must be approved by a majority
of producers and importers voting in the referendum and that majority
must represent more than 50 percent of the mushrooms produced and
imported by those voting in the referendum. This action announces the
voting period, representative period, and agents.
DATES: The referendum will be conducted by mail ballot from February 24
through March 13, 1998. Faxed ballots will be accepted. The
representative period for establishing voter eligibility shall be the
period from July 1, 1996, through June 30, 1997.
ADDRESSES: Copies of the Mushroom Promotion, Research, and Consumer
Information Order may be obtained from: Referendum Agent, Research and
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, Room 2535-S, Stop Code 0244, Washington, DC 20090-
6456, telephone number (888) 720-9917, fax (202) 205-2800.
FOR FURTHER INFORMATION CONTACT: Stacey L. Bryson, Research and
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, Room 2535-S,
[[Page 3849]]
Stop Code 0244, Washington, DC 20090-6456, telephone (202) 720-6930 or
(888) 720-9917.
SUPPLEMENTARY INFORMATION: A referendum will be conducted among
mushroom producers and importers to determine whether the continuance
of the Mushroom Promotion, Research, and Consumer Information Order
(Order) [7 CFR 1209] is favored by persons voting in the referendum.
The Order is authorized under the Mushroom Promotion, Research, and
Consumer Information Act (Act) [7 U.S.C. 6101-6112].
The representative period for establishing voter eligibility for
the referendum shall be the period from July 1, 1996, through June 30,
1997. Paragraph (b)(2) of Sec. 1926 of the Act requires that the Order
be approved by a majority of producers and importers voting in the
referendum which majority, on average, annually produces and imports
into the United States more than 50 percent of mushrooms annually
produced and imported by all those persons voting in the referendum.
Only mushroom producers and importers who either produced or imported,
on average, over 500,000 pounds of mushrooms annually during the
representative period will be eligible to vote in the referendum.
Persons who have received an exemption from assessment for the entire
representative period are ineligible to vote. The referendum shall be
conducted by mail ballot from February 24 through March 13, 1998. Faxed
ballots will be accepted.
Section 1926 of the Act provides that the Secretary of Agriculture
(Secretary) shall conduct a referendum effective 5 years after the date
on which the Order became effective. The Order became effective on
January 8, 1993. The referendum must be conducted among mushroom
producers and importers to ascertain whether they favor continuation,
termination, or suspension of the Order. Persons voting in the
referendum will certify their eligibility to vote and will designate
their status either as a mushroom producer or importer. Producers and
importers will be required to certify the pounds of mushrooms they
either produced or imported during the representative period.
The Order shall continue in effect if it is approved by a simple
majority of producers and importers voting in the referendum and that
majority represents more than 50 percent of the mushrooms produced and
imported by those voting in the referendum. If the Secretary determines
that suspension or termination of the Order is favored by a majority of
the producers and importers voting in the referendum, which majority,
on average, annually produces and imports into the United States more
than 50 percent of the mushrooms annually produced and imported by all
those voting in the referendum, the Secretary shall terminate or
suspend the collection of assessments under the Order and suspend or
terminate activities under the Order as soon as practicable.
In accordance with the Paperwork Reduction Act of 1995 [Pub. L.
104-13], the referendum ballot has been approved by the Office of
Management and Budget (OMB) and has been assigned OMB number 0581-0093.
There are approximately 138 eligible voters. It will take an average of
15 minutes for each voter to read the voting instructions and complete
the referendum ballot. The total burden on the total number of voters
will be 34.5 hours.
Referendum Order
It is hereby directed that a referendum be conducted among mushroom
producers and importers to determine whether they favor the continuance
of the Order. The representative period for establishing voter
eligibility for the referendum shall be the period from July 1, 1996,
through June 30, 1997. A referendum shall be conducted by mail ballot
from February 24 through March 13, 1998. Faxed ballots will be
accepted.
By interim final rule, referendum procedures were published in the
Federal Register on December 23, 1997 [62 FR 66973]. Comments
concerning the provisions of the rule must be received by January 22,
1998. The Procedure for the Conduct of Referenda in Connection with the
Mushroom Promotion, Research, and Consumer Information Order [7 CFR
1209.300-1209.307] shall be used to conduct the referendum. Ballots
will be mailed to all known mushroom producers and importers on or
before February 17, 1998. Eligible voters who do not receive a ballot
by mail may call the following toll-free telephone number to receive a
ballot: 1 (888) 720-9917. All ballots will be subject to verification.
Ballots must be received by the referendum agents by mail or fax no
later than March 13, 1998, to be counted.
Stacey L. Bryson and Martha B. Ransom, Research and Promotion
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service,
U.S. Department of Agriculture, Room 2535-S, Stop Code 0244, P.O. Box
96456, Washington, D.C. 20090-6456, are designated as the referendum
agents of the Secretary of Agriculture to conduct the referendum.
Ballots to be cast in the referendum, and any related material
relevant to the referendum, will be mailed by the referendum agents to
all known mushroom producers and importers. Only mushroom producers and
importers who either produced or imported, on average, over 500,000
pounds of mushrooms annually during the representative period will be
eligible to vote in the referendum. Persons who have received an
exemption from assessment for the entire representative period are
ineligible to vote.
List of Subjects in 7 CFR Part 1209
Administrative practice and procedure, Advertising, Agricultural
research, Marketing agreements, Mushrooms, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 6101-6112.
Dated: January 21, 1998.
Enrique E. Figueroa,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 98-1908 Filed 1-26-98; 8:45 am]
BILLING CODE 3410-02-P
