[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Rules and Regulations]
[Pages 9608-9609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4175]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR PART 1240
[AMS-FV-93-704CF]
RIN 0581-AB23
Honey Research, Promotion, and Consumer Information Order and
Rules and Regulations Issued Thereunder; Termination of Order Provision
and Conforming Correction of the Rules and Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule finalizes an interim final rule which terminated a
provision of the Honey Research, Promotion, and Consumer Information
Order (Order) and deleted conflicting and confusing language in the
Rules and Regulations issued under the Order. This action is being
taken to clarify and correct the Order and rules and regulations which
were amended in August 1991.
EFFECTIVE DATE: March 23, 1995.
FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, Room 2535-So., Washington, DC 20090-6456; telephone (202) 720-
9915.
SUPPLEMENTARY INFORMATION: These amendments are issued pursuant to the
Honey Research, Promotion, and Consumer Information Act, as amended on
November 28, 1990 [104 Stat. 3904, 7 U.S.C. 4601 et seq.], hereinafter
referred to as the Act.
The Department is issuing this final rule in conformance with
Executive Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice reform. It is not intended to have retroactive effect.
This rule will not preempt any state or local laws, regulation, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 10 of the Act, a
person subject to an order may file a petition with the Secretary
stating that such order, any provision of such order, or any
[[Page 9609]] obligation imposed in connection with such order is not
in accordance with law; and requesting a modification of the order or
an exemption from the order. Such person is afforded the opportunity
for a hearing on the petition. After the hearing, the Secretary would
rule in the petition. The Act provides that the district court of the
United States in any district in which such person is an inhabitant, or
has a principal place of business, has jurisdiction to review the
Secretary's ruling on the petition, provided that a compliant is filed
within 20 days after the date of 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.
There are an estimated 145 handlers, 510 producer-packers, 8,300
producers, and 350 importers who are currently subject to the
provisions of the Order. The majority of these persons may be
classified as small agricultural producers and small agricultural
service firms. Small agricultural producers are 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,
which include importers, are defined as those having annual receipts of
less than $5,000,000.
In accordance with the Paperwork Reduction Act (PRA) of 1980 [44
U.S.C. chapter 35], and OMB regulations [5 CFR Part 1320], the
information collection and recordkeeping requirements contained in this
action were submitted to the OMB and approved under OMB control numbers
0581-0093 and 0505-0001.
On November 28, 1990, the Act was amended by the Food, Agriculture,
Conservation and Trade Act of 1990. One of the amendments to the Act
redefined the requirements for honey that is exempted from assessments
under the Act.
Prior to the Act's 1990 amendment, a producer or a producer-packer
who produced or handled or produced and handled less than 6,000 pounds
of honey per year or an importer who imported less than 6,000 pounds of
honey per year were exempt from assessment. Such producers, producer-
handlers, and importers applied to the Honey Board for a certificate of
exemption which would be presented to the handler of the exemptee's
honey. Reporting requirements for handlers included listing those
producers claiming exemption.
Under the 1990 amendment to the Act, however, producers, producer-
packers, and importers who produce or import during any year less than
6,000 pounds of honey are exempt from paying assessments only if that
honey is (1) Consumed at home, (2) donated by the producer or importer
to a nonprofit, government, or other entity that is determined
appropriate by the Secretary, or (3) distributed directly through local
retail outlets (e.g., farmers markets and roadside stands).
Since exempted honey may no longer be sold through handlers,
handlers are no longer required to provide information to the Board on
exempted honey. However, in the amendment to the Order and rules and
regulations published as a final rule in the August 7, 1991, Federal
Register [50 FR 37453], conforming changes to sections 1240.50 and
1240.114 which incorporated these changes to the Act were inadvertently
not made. As published, these sections may be confusing and are in
conflict with the amended Order and rules and regulations.
Section 13 of the Act provides that whenever the Secretary finds
that any provision of any order issued under the Act obstructs or does
not tend to effectuate the declared purpose of the Act, the Secretary
shall terminate such provisions. Therefore, an interim final rule
deleted obsolete and confusing language from paragraph (a) of section
1240.50 of the Order and from paragraph (b) of section 1240.114 of the
regulations issued under the Order.
The interim final rule with request for comments was published in
the Federal Register on May 2, 1994 (59 FR 22492). The interim final
rule erroneously stated that comment were due on May 2, 1994.
Therefore, the Federal Register printed a correction on May 10, 1994
(59 FR 24217) which stated that the comment period ended on June 1,
1994. No comments were received.
Based on the above, the Administrator of the AMS has determined
that the issuance of this final rule will not have a significant
economic effect on a substantial number of small entities.
After consideration of all relevant material presented with regard
to the termination of provisions in the Order and the rules and
regulations as hereinafter set forth, it is found that these provisions
no longer effectuate the declared policy of the Act. Accordingly, the
interim final rule is finalized, without change, as published in the
Federal Register (59 FR 22492, May 2, 1994).
List of Subjects in 7 CFR Part 1240
Advertising, Agricultural research, Honey, Imports, Reporting and
recordkeeping requirements.
PART 1240--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION
Accordingly, the interim final rule amending 7 CFR part 1240, which
was published at 59 FR 22492 on May 2, 1994, is adopted as a final rule
without change.
Dated: February 13, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 95-4175 Filed 2-17-95; 8:45 am]
BILLING CODE 3410-02-P
