[Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
[Proposed Rules]
[Pages 55333-55337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26788]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 210 / Tuesday, October 31, 1995 /
Proposed Rules
[[Page 55333]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 982
[Docket No. AO-205-A7; FV94-982-1]
Filberts/Hazelnuts Grown in Oregon and Washington; Secretary's
Decision and Referendum Order on Proposed Further Amendment of
Marketing Agreement and Order No. 982
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule and referendum order.
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SUMMARY: This decision proposes amendments to Marketing Agreement and
Order No. 982 (order). The agreement and order regulate the handling of
filberts/hazelnuts grown in Oregon and Washington. The proposals would
change order provisions regarding: Volume control; nomination and
membership of the Filbert/Hazelnut Marketing Board (Board); assessment
collections; and the administration and operation of the program. The
proposed amendments were submitted by the Board to make the order more
consistent with current industry conditions and needs. The Fruit and
Vegetable Division (Division), Agricultural Marketing Service (AMS), is
proposing conforming and other necessary changes. These proposed
amendments are designed to improve order operations.
DATES: A referendum shall be conducted from November 27 through
December 15, 1995. The representative period for the purpose of the
referendum herein ordered is July 1, 1994, through June 30, 1995.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson, Marketing
Specialist, Northwest Marketing Field Office, Fruit and Vegetable
Division, Agricultural Marketing Service, USDA, 1220 SW Third Ave.,
room 369, Portland, OR 97204; telephone (503) 326-2724, FAX (503) 326-
7440; or Tom Tichenor, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, room 2523-S, P.O. Box 96456, Washington,
D.C. 20090-6456; telephone: 202-720-6862; FAX 202-720-5698.
SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice
of Public Hearing issued on February 24, 1994, and published in the
February 28, 1994, issue of the Federal Register (59 FR 9425).
Recommended Decision and Opportunity to File Written Exceptions issued
on May 24, 1995, and published in the Federal Register on June 7, 1995
(60 FR 30170).
This administrative action is governed by the provisions of
sections 556 and 557 of title 5 of the United States Code, and,
therefore, is excluded from the requirements of Executive Order 12866.
Preliminary Statement
The proposed amendments were formulated on the record of a public
hearing held in Newberg, Oregon, on March 8, 1994, to consider the
proposed further amendment of the Marketing Agreement and Order No.
984, regulating the handling of hazelnuts grown in Oregon and
Washington, hereinafter referred to collectively as the ``order.'' The
hearing was held pursuant to the provisions of the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.),
hereinafter referred to as the ``Act'', and the applicable rules of
practice and procedure governing proceedings to formulate marketing
agreements and marketing orders (7 CFR part 900). The Notice of Hearing
contained several amendment proposals submitted by the Board
established under the order to assist in local administration of the
program.
The proposals would: (1) Change the name of the commodity covered
under the order from ``filberts'' to ``hazelnuts;'' (2) for purposes of
volume regulation, establish the trade demand area as the continental
United States and allow the Board, with the Secretary's approval, to
make changes in the inshell trade acquisition distribution area; (3)
change the length of Board members' terms of office and the number of
consecutive terms that may be held, make changes in the criteria used
for nominating handler members and for weighting handler votes when
electing handler nominees, and change the voting procedures used for
nominating members; (4) allow Board telephone votes to remain
unconfirmed until the next public Board meeting; (5) remove the
``verbatim'' reporting requirement on Board marketing policy meetings;
(6) provide the Board with some flexibility in recommending final free
and restricted percentages; (7) authorize different identification
standards for inspected and certified hazelnuts; (8) correct current
language that specifies handler credit for ungraded hazelnuts; (9)
change the procedures for establishing bonding requirements for
deferred restricted obligations and allow the Board to purchase excess
restricted credits from handlers; (10) clarify that mail order sales
outside the production area are not exempt from order requirements;
(11) allow the Board to accept advance assessment payments, provide
discounts for such payments, and accept voluntary contributions; and
(12) make such changes as are necessary to conform with any amendment
that may result from the hearing.
Upon the basis of evidence introduced at the hearing and the record
therof, the Administrator of the Africultural Marketing Service (AMS)
on June 7, 1995, filed with the Hearing Clerk, U.S. Department of
Agriculture, a Recommended Decision and Opportunity to File Written
Exceptions thereto by July 7, 1995. None were filed.
Small Business Considerations
In accordance with the provisions of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.), the Administrator of the AMS has
determined that this action would not have a significant economic
impact on a substantial number of small entities. Small agricultural
service firms, which include handlers regulated under this order, have
been defined by the Small Business Administration (SBA) (13 CFR
121.601) as those having annual receipts for the last three years of
less than $5,000,000. Small agricultural producers are defined as those
having annual receipts of less than $500,000.
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. Interested persons were
invited to present evidence at the hearing on the probable impact that
the proposed amendments to the order would have on small businesses.
The record indicates
[[Page 55334]]
that handlers would not be unduly burdened by any additional regulatory
requirements, including those pertaining to reporting and
recordkeeping, that might result from this proceeding. The record also
indicates that a majority of handlers and producers would meet the SBA
definitions of small agricultural service firms and small agricultural
producers, respectively.
During the 1993-94 marketing year, approximately 25 handlers were
regulated under the order. In addition, there were approximately 950
producers of hazelnuts in the production area. The Act requires the
application of uniform rules on regulated handlers. Since handlers
covered under the order are predominantly small businesses, the order
itself is tailored to the size and nature of small businesses.
Marketing orders and amendments thereto, are unique in that they are
normally brought about through group action of essentially small
entities for their own benefit. Thus, both the RFA and the Act are
compatible with respect to small entities.
For discussion of the anticipated impact on small businesses, the
proposed amendments have been grouped into program categories.
Amendments concerning the order's marketing and volume control programs
would: Change the name of the commodity to ``hazelnuts'' (Sec. 982.4
and every other place it appears in part 982); establish the trade
demand area as the continental United States and allow the Board to
make changes in the shell trade acquisition area, with approval of the
Secretary (Sec. 982.16); provide the Board the flexibility to release
up to 15 percent of the average three year inshell trade acquisitions
for desirable carryout (Sec. 982.40); correct the current language that
determines handler credit for ungraded hazelnuts (Sec. 982.51);
establish the bonding rate for deferred restricted obligations at the
estimated value of restricted credits for the current marketing year
and allow the Board to use defaulted bond payments to purchase excess
restricted credits (Sec. 982.54); and clarify that mail order sales are
not exempt from order requirements (Sec. 982.57). These proposed
amendments are designed to assist the Board in its domestic and export
marketing efforts. The amendments would allow the Board to make program
and management decisions that are more consistent with changing market
conditions and better respond to changing marketing needs. Because the
Board acts in the best interests of the industry, increased Board
decision-making flexibility should benefit the industry and, thus,
small businesses in the industry.
Regarding nomination and Board membership, the proposed amendments
would: Change from one to two years the length of Board member and
alternate member terms of office (Sec. 982.33); limit the number of
consecutive terms members and alternate members may hold to three two-
year terms (Sec. 982.33); and make conforming changes and a correction
in the qualifications for nominating members (Secs. 982.30 and 982.32).
The amendments are proposed to ease the burden of conducting nomination
meetings every year and enhance the Board's efficiency. The amendments
are administrative in nature and would not impose additional costs on
small businesses.
Other recommended amendments to the order's administrative
procedures and operations would: Allow Board telephone votes to remain
unconfirmed in writing until the next public Board meeting
(Sec. 982.37); remove the ``verbatim'' reporting requirement on Board
marketing policy meetings (Sec. 982.39); allow the Board to accept
advance assessment payments and provide discounts for such payments
(Sec. 982.61); and allow the Board to accept voluntary contributions
(new Sec. 982.63). These proposed amendments are intended to improve
the operations of the Board, lessen the administrative burden on Board
members and staff, and improve management of the order's financial
resources. As such, the proposed changes would have negligible, if any,
economic impact on small entities.
Finally, one amendment would provide the Board with the authority
to establish more up-to-date identification standards (Sec. 982.46),
which would make order identification and certification provisions
consistent with current industry practices and enable handlers more
flexibility in meeting identification requirements.
All of these changes are designed to enhance the administration and
functioning of the order and benefit the entire industry. Any added
costs are not expected to be significant because the benefits of the
proposed amendments are expected to outweigh the costs. Finally, the
proposed amendments would have no significant impact or burden on small
businesses' recordkeeping and reporting requirements.
The amendments proposed herein have been reviewed under Executive
Order 12778, Civil Justice Reform and are not intended to have
retroactive effect. If adopted, the proposed amendments would not
preempt any State or local laws, regulations, or policies, unless they
present an irreconcilable conflict with the amendments.
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 requesting 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 the date of the entry of the ruling.
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
Chapter 35), any additional reporting and recordkeeping requirements
that might result from the proposed amendments would be submitted to
the Office of Management and Budget (OMB). The provisions would not be
effective until after receiving OMB approval.
Findings and Conclusions and Rulings on Exceptions
The material issues, findings and conclusions, rulings, and general
findings and determinations included in the Recommended Decision set
forth in the June 7, 1995, issue of the Federal Register (60 FR 30170)
are hereby approved and adopted without change.
Marketing Agreement and Order
Annexed hereto and made a part hereof is the document entitled
``Order Amending the Order Regulating the Handling of Hazelnuts Grown
in Oregon and Washington''. This document has been decided upon as the
detailed and appropriate means of effectuating the foregoing findings
and conclusions.
It is hereby ordered, That this entire decision be published in the
Federal Register.
Referendum Order
It is hereby directed that a referendum be conducted in accordance
with the procedure for the conduct of referenda (7 CFR part 900.400 et
seq.) to determine whether the issuance of the annexed order amending
the order
[[Page 55335]]
regulating the handling of hazelnuts grown in Oregon and Washington, is
approved or favored by producers, as defined under the terms of the
order, who during the representive period were engaged in the
production for market of hazelnuts grown in Oregon and Washington.
The representative period for the conduct of such referendum is
hereby determined to be July 1, 1994, through June 30, 1995.
The agents of the Secretary to conduct such referendum are hereby
designated to be Gary D. Olson and Teresa L. Hutchinson, Marketing
Order Administration Branch, Northwest Marketing Field Office, 1220
S.W. Third Avenue, Room 369, Portland, Oregon 97204, telephone 503-326-
2724; or Tom Tichenor, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, room 2523-S, P.O. Box 96456, Washington,
D.C. 20090-6456; telephone: 202-720-6862; FAX 202-720-5698.
List of Subjects in 7 CFR Part 982
Filberts, Hazelnuts, Marketing Agreements, Nuts, Reporting and
recordkeeping requirements.
Dated: October 23, 1995.
Shirley R. Watkins,
Acting Assistant Secretary, Marketing and Regulatory Programs.
Order Amending the Order Regulating the Handling of Hazelnuts Grown in
Oregon and Washington \1\
Findings and Determinations
The findings and determinations hereinafter set forth are
supplementary and in addition to the findings and determinations
previously made in connection with the issuance of the marketing
agreement and order and each previously issued amendment thereto. All
of the said previous findings and determinations are hereby ratified
and affirmed, except insofar as such findings and determinations may be
in conflict with the findings and determinations set forth herein.
\1\ This order shall not become effective unless and until the
requirements of Sec. 900.14 of the rules of practice and procedure
governing proceedings to formulate marketing agreements and
marketing orders have been met.
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(a) Findings and Determinations Upon the Basis of the Hearing
Record. Pursuant to the provisions of the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), and the
applicable rules of practice and procedure effective thereunder (7 CFR
part 900), a public hearing was held upon the proposed amendments to
Marketing Agreement and Order No. 982 (7 CFR part 982), regulating the
handling of hazelnuts grown in Oregon and Washington.
Upon the basis of the evidence introduced at such hearing and the
record thereof, it is found that:
(1) The marketing agreement and order, as amended, and hereby
proposed to be further amended, and all of the terms and conditions
thereof, will tend to effectuate the declared policy of the Act;
(2) The marketing agreement and order, as amended, and as hereby
proposed to be further amended, regulate the handling of hazelnuts
grown in the production area in the same manner as, and are applicable
only to, persons in the respective classes of commercial and industrial
activity specified in the marketing agreement and order upon which a
hearing has been held;
(3) The marketing agreement and order, as amended, and as hereby
proposed to be further amended, are limited in their application to the
smallest regional production area which is practicable, consistent with
carrying out the declared policy of the Act, and the issuance of
several orders applicable to subdivisions of the production area would
not effectively carry out the declared policy of the Act; and
(4) All handling of hazelnuts grown in the production area as
defined in the marketing agreement and order, as amended, and as hereby
proposed to be further amended, is in the current of interstate or
foreign commerce or directly burdens, obstructs or affects such
commerce.
Marketing Agreement and Order
Annexed hereto and made a part hereto is the document entitled
``Order Amending the Order Regulating the Handling of Hazelnuts Grown
in Oregon and Washington''. This document has been decided upon as the
detailed and appropriate means of effectuating the foregoing findings
and conclusions.
It is hereby ordered, That this entire decision be published in the
Federal Register.
Order Relative to Handling
It is therefore ordered, That on and after the effective date
hereof, all handling of hazelnuts grown in Oregon and Washington, shall
be in conformity to, and in compliance with, the terms and conditions
of the said order as hereby proposed to be amended as follows:
The provisions of the proposed marketing agreement and the order
amending order contained in the Recommended Decision issued by the
Administrator on May 24, 1995, and published in the Federal Register on
June 7, 1995, shall be and are the terms and provisions of this order
amending the order and are set forth in full herein.
PART 982--HAZELNUTS GROWN IN OREGON AND WASHINGTON
1. The authority citation for 7 CFR part 982 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. In part 982 all references to ``filbert'', ``filberts'',
``filbert/hazelnut'', ``filberts/hazelnuts'' are revised to read as
``hazelnut'', ``hazelnuts'', ``hazelnut'', and ``hazelnuts'',
respectively.
3. Section 982.4 is revised to read as follows:
Sec. 982.4 Hazelnuts.
Hazelnuts means hazelnuts or filberts produced in the States of
Oregon and Washington from trees of the genus Corylus.
4. Section 982.16 is revised to read as follows:
Sec. 982.16 Inshell trade acquisitions.
Inshell trade acquisitions means the quantity of inshell hazelnuts
acquired by the trade from all handlers during a marketing year for
distribution in the continental United States and such other
distribution areas as may be recommended by the Board and established
by the Secretary.
5. Section 982.30, is amended by revising paragraphs (a), (b)(1),
(b)(2), and (b)(3) to read as follows:
Sec. 982.30 Establishment and membership.
(a) There is hereby established a Hazelnut Marketing Board
consisting of 10 members, each of whom shall have an alternate member,
to administer the terms and provisions of this part. Each member and
alternate shall meet the same eligibility qualifications. The 10 member
positions shall be allocated as follows:
(b) * * *
(1) One member shall be nominated by the handler who handled the
largest volume of hazelnuts during the two marketing years preceding
the marketing year in which nominations are made;
(2) One member shall be nominated by the handler who handled the
second largest volume of hazelnuts during the two marketing years
preceding the marketing year in which nominations are made;
(3) One member shall be nominated by the handler who handled the
third largest volume of hazelnuts during the two marketing years
preceding the
[[Page 55336]]
marketing year in which nominations are made;
* * * * *
6. In Sec. 982.32, paragraphs (a), (b), (c) and (f) are revised to
read as follows:
Sec. 982.32 Initial members and nomination of successor members.
(a) Members and alternate members of the Board serving immediately
prior to the effective date of this amended subpart shall continue to
serve on the Board until their respective successors have been
selected.
(b) Nominations for successor handler members and alternate members
specified in Sec. 982.30(b)(1) through (3) shall be made by the
largest, second largest, and third largest handler determined according
to the tonnage of certified merchantable hazelnuts and, when shelled
hazelnut grade and size regulations are in effect, the inshell
equivalent of certified shelled hazelnuts (computed to the nearest
whole ton) recorded by the Board as handled by each such handler during
the two marketing years preceding the marketing year in which
nominations are made.
(c) Nominations for successor handler member and alternate handler
member positions specified in Sec. 982.30(b)(4) shall be made by the
handlers in that category by mail ballot. All votes cast shall be
weighted according to the tonnage of certified merchantable hazelnuts
and, when shelled hazelnut grade and size regulations are in effect,
the inshell equivalent of certified shelled hazelnuts (computed to the
nearest whole ton) recorded by the Board as handled by each handler
during the two marketing years preceding the marketing year in which
nominations are made. If less than one ton is recorded for any such
handler, the vote shall be weighted as one ton. Voting will be by
position, and each eligible handler can vote for a member and an
alternate member. The person receiving the highest number of weighted
votes for each position shall be the nominee for that respective
position.
* * * * *
(f) Nominations received in the foregoing manner by the Board for
all handler and grower member and alternate member positions shall be
certified and sent to the Secretary at least 60 days prior to the
beginning of each two-year term of office, together with all necessary
data and other information deemed by the Board to be pertinent or
requested by the Secretary. If nominations are not made within the time
and manner specified in this subpart, the Secretary may, without regard
to nominations, select the Board members and alternates on the basis of
the representation provided for in this subpart.
* * * * *
7. In Sec. 982.33, paragraph (b) is revised to read as follows:
Sec. 982.33 Selection and term of office.
* * * * *
(b) Term of office. The term of office of Board members and their
alternates shall be for two years beginning on July 1 and ending on
June 30, but they shall serve until their respective successors are
selected and have qualified: Provided, That beginning with the 1996-97
marketing year, no member shall serve more than three consecutive two-
year terms as member and no alternate member shall serve more than
three consecutive two-year terms as alternate unless specifically
exempted by the Secretary. Nomination elections for all Board grower
and handler member and alternate positions shall be held every two
years.
* * * * *
8. In Sec. 982.37, paragraph (b) is revised to read as follows:
Sec. 982.37 Procedure.
* * * * *
(b) The Board may vote by mail, telephone, telegraph, or other
means of communication: Provided, That any votes (except mail votes) so
cast shall be confirmed at the next regularly scheduled meeting. When
any proposition is submitted for voting by any such method, its
adoption shall require 10 concurring votes.
* * * * *
9. In Sec. 982.39, paragraph (i) is revised to read as follows:
Sec. 982.39 Duties.
* * * * *
(i) To furnish to the Secretary a report of the proceedings of each
meeting of the Board held for the purpose of making marketing policy
recommendations.
Sec. 982.40 [Amended]
10. In Sec. 982.40, paragraph (c)(2) introductory text is amended
by removing the word ``shall'' in the third sentence and adding in its
place the word ``may''.
11. Section 982.46 is amended by revising paragraph (b) to read as
follows:
Sec. 982.46 Inspection and certification.
* * * * *
(b) All hazelnuts so inspected and certified shall be identified as
prescribed by the Board. Such identification shall be affixed to the
hazelnut containers by the handler under direction and supervision of
the Board or the Federal-State Inspection Service, and shall not be
removed or altered by any person except as directed by the Board.
* * * * *
Sec. 982.51 [Amended]
12. In Sec. 982.51, paragraph (a) is amended by removing the word
``percent'' at the end of the first sentence.
13. Section 982.52 is amended by revising paragraph (b) to read as
follows:
Sec. 982.52 Disposition of restricted hazelnuts.
* * * * *
(b) Export. Sales of certified merchantable restricted hazelnuts
for shipment to destinations outside the continental United States and
such other distribution areas as may be recommended by the Board and
established by the Secretary shall be made only by the Board. Any
handler desiring to export any part or all of that handler's certified
merchantable restricted hazelnuts shall deliver to the Board the
certified merchantable restricted hazelnuts to be exported, but the
Board shall be obligated to sell in export only such quantities for
which it may be able to find satisfactory export outlets. Any hazelnuts
so delivered for export which the Board is unable to export shall be
returned to the handler delivering them. Sales for export shall be made
by the Board only on execution of an agreement to prevent exportation
into the area designated in Sec. 982.16. A handler may be permitted to
act as an agent of the Board, upon such terms and conditions as the
Board may specify, in negotiating export sales, and when so acting
shall be entitled to receive a selling commission as authorized by the
Board. The proceeds of all export sales, after deducting all expenses
actually and necessarily incurred, shall be paid to the handler whose
certified merchantable restricted hazelnuts are so sold by the Board.
* * * * *
14. Section 982.54 is amended by revising paragraphs (b), (c), (d),
(e) and (f) to read as follows:
Sec. 982.54 Deferment of restricted obligation.
* * * * *
(b) Bonding requirement. Such bond or bonds shall, at all times
during their effective period, be in such amounts that the aggregate
thereof shall be no less than the total bonding value of the handler's
deferred restricted obligation. The bonding value shall be the deferred
[[Page 55337]]
restricted obligation poundage multiplied by the applicable bonding
rate. The cost of such bond or bonds shall be borne by the handler
filing same.
(c) Bonding rate. Said bonding rate shall be an amount per pound as
established by the Board. Such bonding rate shall be based on the
estimated value of restricted credits for the current marketing year.
Until bonding rates for a marketing year are fixed, the rates in effect
for the preceding marketing year shall continue in effect. The Board
should make any necessary adjustments once such new rates are fixed.
(d) Restricted credit purchases. Any sums collected through default
of a handler on the handler's bond shall be used by the Board to
purchase restricted credits from handlers, who have such restricted
credits in excess of their needs, and are willing to part with them.
The Board shall at all times purchase the lowest priced restricted
credits offered, and the purchases shall be made from the various
handlers as nearly as practicable in proportion to the quantity of
their respective offerings of the restricted credits to be purchased.
(e) Unexpended sums. Any unexpended sums which have been collected
by the Board through default of a handler on the handler's bond,
remaining in the possession of the Board at the end of a marketing
year, shall be used to reimburse the Board for its expenses, including
administrative and other costs incurred in the collection of such sums,
and in the purchase of restricted credits as provided in paragraph (d)
of this section.
(f) Transfer of restricted credit purchases. Restricted credits
purchased as provided for in this section shall be turned over to those
handlers who have defaulted on their bonds for liquidation of their
restricted obligation. The quantity delivered to each handler shall be
that quantity represented by sums collected through default.
* * * * *
15. In Sec. 982.57, paragraph (b) is revised to read as follows:
Sec. 982.57 Exemptions.
* * * * *
(b) Sales by growers direct to consumers. Any hazelnut grower may
sell hazelnuts of such grower's own production free of the regulatory
and assessment provisions of this part if such grower sells such
hazelnuts in the area of production directly to end users at such
grower's ranch or orchard or at roadside stands and farmers' markets.
The Board, with the approval of the Secretary, may establish such
rules, regulations, and safeguards and require such reports,
certifications, and other conditions, as are necessary to ensure that
such hazelnuts are disposed of only as authorized. Mail order sales are
not exempt sales under this part.
16. Section 982.58 is amended by revising the last sentence of
paragraph (a) to read as follows:
Sec. 982.58 Research, promotion, and market development.
(a) * * * The expenses of such projects shall be paid from funds
collected pursuant to Sec. 982.61, Sec. 982.63, or credited pursuant to
paragraph (b) of this section.
* * * * *
17. Section 982.61 is amended by designating the current text as
paragraph (a) and by adding a new paragraph (b) to read as follows:
Sec. 982.61 Assessments.
(a) * * *
(b) In order to provide funds for the administration of the
provisions of this part during the first part of a fiscal period before
sufficient operating income is available from assessments on the
current year's shipments, the Board may accept the payment of
assessments in advance, and may also borrow money for such purpose.
Further, payment discounts may be authorized by the Board upon the
approval of the Secretary to handlers making such advance assessment
payments.
18. A new Sec. 982.63 is added to read as follows:
Sec. 982.63 Contributions.
The Board may accept voluntary contributions but these shall only
be used to pay expenses incurred pursuant to Sec. 982.58. Furthermore,
such contributions shall be free from any encumbrances by the donor and
the Board shall retain complete control of their use.
[FR Doc. 95-26788 Filed 10-30-95; 8:45 am]
BILLING CODE 3410-02-P
