2024-26048. Almonds Grown in California; Continuance Referendum

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Department of Agriculture

Agricultural Marketing Service

1. 7 CFR Part 981
2. [Doc. No. AMS-SC-24-0050]

AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Referendum order.

SUMMARY:

This document directs that a referendum be conducted among eligible almond growers to determine whether they favor continuance of the marketing order regulating the handling of almonds grown in California.

DATES:

The referendum will be conducted from December 4 through December 20, 2024. Only current growers of almonds within the production area that grew almonds during the period August 1, 2023, through July 31, 2024, are eligible to vote in this referendum. The U.S. Department of Agriculture (USDA) will provide the option for ballots to be returned electronically. Further detail will be provided in the ballot instructions. Ballots returned via express mail or electronic mail must show proof of delivery by no later than 11:59 p.m. Eastern time on December 20, 2024, to be counted.

ADDRESSES:

Copies of the marketing order may be obtained from the West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, California 93721-3129; Telephone: [phone]; the Office of the Docket Clerk, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: [phone]; or on the internet: https://www.ams.usda.gov/​rules-regulations/​moa/​commodities.

FOR FURTHER INFORMATION CONTACT:

Peter Sommers, Marketing Specialist, or Abigail Maharaj, Branch Chief, West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, CA 93721-3129; Telephone: [phone], or Email: [e-mail] or [e-mail].

SUPPLEMENTARY INFORMATION:

Pursuant to Marketing Order No. 981, as amended (7 CFR part 981), hereinafter referred to as the “Order,” and the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act,” it is hereby directed that a referendum be conducted to ascertain whether continuance of the Order is favored by growers. The referendum will be conducted from December 4 through December 20, 2024, among almond growers in the production area. Only current almond growers that were engaged in the production of almonds during the period of August 1, 2023, through July 31, 2024, may participate in the continuance referendum.

USDA has determined that continuance referenda are an effective means for determining whether growers favor the continuation of marketing order programs. USDA would consider termination of the Order if less than two-thirds of the growers voting in the referendum, or growers of less than two-thirds of the volume of almonds represented in the referendum, favor continuance. In evaluating the merits of continuance versus termination, USDA will not exclusively consider the results of the continuance referendum. USDA will also consider all other relevant information concerning the operation of the Order and the relative benefits and costs to growers, handlers, and consumers to determine whether continued operation of the Order would tend to effectuate the declared policy of the Act.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the ballot materials used in the referendum have been submitted to and approved by the Office of Management and Budget (OMB) and have been assigned OMB No. 0581-0178, Fruit Crops. It has been estimated it will take an average of 20 minutes for each of the approximately 9,500 almond growers to cast a ballot. Participation is voluntary. Ballots postmarked after December 20, 2024, will not be included in the vote tabulation.

Abigail Maharaj, Jeffery Rymer, and Peter Sommers of the West Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA, are hereby designated as the referendum agents of the Secretary of Agriculture to conduct this referendum. The procedure applicable to the referendum shall be the “Procedure for the Conduct of Referenda in Connection with Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended” (7 CFR part 900.400 et seq.).

Ballots and voting instructions will be sent by U.S. Postal Service, or through electronic mail to all growers of record and may also be obtained from the referendum agents or from their appointees.

List of Subjects in 7 CFR Part 981

• Marketing agreements
• Nuts, and Reporting and recordkeeping requirements

(Authority: 7 U.S.C. 601-674)

Erin Morris,

Associate Administrator, Agricultural Marketing Service.