95-10001. Cranberries Grown in States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York

[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Proposed Rules]
[Pages 20064-20065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10001]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 929

[Docket No. FV95-929-1]


Cranberries Grown in States of Massachusetts, Rhode Island, 
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, 
Washington, and Long Island in the State of New York

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This document directs that a referendum be conducted among 
eligible growers of cranberries to determine whether they favor 
continuance of the marketing order regulating the handling of 
cranberries grown in the States of Massachusetts, Rhode Island, 
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, 
Washington, and Long Island in the State of New York.

DATES: The referendum will be conducted from May 15 through May 26, 
1995. To vote in this referendum, growers must have been producing 
cranberries during the period September 1, 1994, through March 31, 
1995.

ADDRESSES: Copies of the marketing order may be obtained from the 
Office of the Docket Clerk, Marketing Order Administration Branch, 
Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 2525-S, 
Washington, DC 20090-6456.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kathleen M. 
Finn, Marketing Order Administration Branch, Fruit & Vegetable 
Division, Agricultural Marketing Service, Department of Agriculture, 
room 2522-S, P.O. Box 96456, Washington, DC 20090-6456, telephone: 
[phone] or fax [phone].

SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 929 (7 CFR 
part 929), 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 the growers. The referendum 
shall be conducted during the period May 15 through May 26, 1995, among 
cranberry growers in the production area. Only growers that were 
engaged in the production of cranberries during the period of September 
1, 1994, through March 31, 1995, may participate in the continuance 
referendum.
    The Secretary of Agriculture has determined that continuance 
referenda are an effective means for ascertaining whether growers favor 
continuation of marketing order programs. The Secretary would consider 
termination of the order if less than two-thirds of the growers voting 
in the referendum and growers of less than two-thirds of the volume of 
cranberries represented in the referendum favor continuance. In 
evaluating the merits of continuance versus termination, the Secretary 
would not only consider the results of the continuance referendum. The 
Secretary would also consider other relevant information concerning the 
operation of the order; the order's relative benefits and disadvantages 
to growers, handlers, and consumers; and whether continued operation of 
the order would tend to effectuate the declared policy of the Act.
    In any event, section 8c(16)(B) of the Act requires the Secretary 
to terminate an order whenever the Secretary finds that a majority of 
all growers affected by the order favor termination, and such majority 
produced for market more than 50 percent of the commodity covered under 
such order.
    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
chapter 35), the ballot materials to be used in the referendum herein 
ordered have been submitted to and approved by the Office of Management 
and Budget (OMB) and have been assigned OMB No. 0581-0103 for 
cranberries. It has been estimated that it will take an average of 20 
minutes for each of the approximately 1,050 growers of cranberries to 
cast a ballot. Participation is voluntary. The voting period is May 15 
through May 26, 1995. Ballots postmarked after May 26, 1995, will not 
be included in the vote tabulation.
    Patricia A. Petrella and Kathleen M. Finn of the Marketing Order 
Administration Branch, Fruit and Vegetable Division, Agricultural 
Marketing Service, USDA, are hereby designated as the referendum agents 
of the Secretary of Agriculture to conduct such referendum. The 
procedure applicable to the referendum shall be the ``Procedure for the 
Conduct of [[Page 20065]] Referenda in Connection With Marketing Orders 
for Fruit, Vegetables, and Nuts Pursuant to the Agricultural Marketing 
Agreement Act of 1937, as Amended'' (7 CFR part 900.400 et. seq.).
    Ballots will be mailed to all growers of record and may also be 
obtained from the referendum agents.

List of Subjects in 7 CFR Part 929

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

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

    Dated: April 17, 1995
David R. Shipman,
Acting Deputy Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-10001 Filed 4-21-95; 8:45 am]
BILLING CODE 3410-02-P