REG 7 CFR PART 924-2011 FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON AND IN UMATILLA COUNTY OREGON.pdf

1、189 Agricultural Marketing Service, USDA Pt. 924 if proof satisfactory to the committee is obtained that any cherries shipped or received by such applicant for grad-ing or packing were handled contrary to the provisions of this section. (g) Exceptions. Any individual ship-ment of cherries which meet

2、s each of the following requirements may be handled without regard to the provi-sions of paragraphs (a), (b), (c), (d), and (e) of this section, and of 923.41 and 923.55. (1) The shipment consists of cherries sold for home use and not for resale; (2) The shipment does not, in the ag-gregate, exceed

3、100 pounds, net weight, of cherries; and (3) Each container is stamped or marked with the words not for resale in letters at least one-half inch in height. (h) Definitions. When used herein, Washington No. 1 and diameter shall have the same meaning as when used in the Washington State Standards for

4、Grades of Sweet Cherries (Order 1550 ef-fective April 29, 1978, WAC 16414050); face packed means that cherries in the top layer in any container are so placed that the stem ends are pointing downward toward the bottom of the container; row count/row size means the number of cherries of a uniform siz

5、e necessary to pack row-faced across a 1012 inch inside width container or comparable number of cherries when packed loose in a container. 47 FR 31538, July 21, 1982 EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting 923.322, see the List of CFR Sections Affected, which appears in the Finding

6、 Aids section of the printed volume and at www.fdsys.gov. PART 924FRESH PRUNES GROWN IN DESIGNATED COUNTIES IN WASHINGTON AND IN UMATILLA COUNTY, OREGON SubpartOrder Regulating Handling DEFINITIONS Sec. 924.1 Secretary. 924.2 Act. 924.3 Person. 924.4 Production area. 924.5 Prunes. 924.6 Varieties. 9

7、24.7 Fiscal period. 924.8 Committee. 924.9 Grade. 924.10 Size. 924.11 Grower. 924.12 Handler. 924.13 Handle. 924.14 District. 924.15 Export. 924.16 Pack. 924.17 Container. ADMINISTRATIVE BODY 924.20 Establishment and membership. 924.21 Term of office. 924.22 Nominations. 924.23 Selection. 924.24 Fai

8、lure to nominate. 924.25 Acceptance. 924.26 Vacancies. 924.27 Alternate members. 924.30 Powers. 924.31 Duties. 924.32 Procedure. 924.33 Expenses and compensation. 924.34 Annual report. EXPENSES AND ASSESSMENTS 924.40 Expenses. 924.41 Assessments. 924.42 Accounting. RESEARCH 924.45 Research and devel

9、opment. REGULATIONS 924.50 Marketing policy. 924.51 Recommendations for regulation. 924.52 Issuance of regulations. 924.53 Modification, suspension, or termi-nation of regulations. 924.54 Special purpose shipments. 924.55 Inspection and certification. REPORTS 924.60 Reports. MISCELLANEOUS PROVISIONS

10、 924.61 Compliance. 924.62 Right of the Secretary. 924.63 Effective time. 924.64 Termination. 924.65 Proceedings after termination. 924.66 Effect of termination or amendment. 924.67 Duration of immunities. 924.68 Agents. 924.69 Derogation. 924.70 Personal liability. 924.71 Separability. SubpartRules

11、 and Regulations 924.101 Changes in district representation. 924.110 Waiver of inspection and certifi-cation. 924.121 Minimum quantity exemption. 924.142 Reserve fund. VerDate Mar2010 08:06 Mar 10, 2011 Jkt 223019 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:SGML223019.XXX 223019jdjones on DSK8KYBLC1PROD

12、 with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-190 7 CFR Ch. IX (1111 Edition) 924.1 924.160 Reports. SubpartAssessment Rate 924.236 Assessment rate. SubpartGrade and Size Requirements 924.319 Prune Regulation 19. AUTHORITY: 7 U.S.C. 601674

13、. SOURCE: 25 FR 6350, July 7, 1960, unless oth-erwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961. SubpartOrder Regulating Handling DEFINITIONS 924.1 Secretary. Secretary means the Secretary of Ag-riculture of the United States, or any officer or employee of the Department to whom authority ha

14、s heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. 924.2 Act. Act means Public Act No. 10, 73d Con-gress (May 12, 1933), as amended and as re-enacted and amended by the Agri-cultural Marketing Agreement Act of 1937, as amended (sections 119, 48 Stat. 3

15、1, as amended; 7 U.S.C. 601674). 924.3 Person. Person means an individual, partner-ship, corporation, association, or any other business unit. 924.4 Production area. Production area means the Counties of Okanogan, Chelan, Kittitas, Yak-ima, and Klickitat in the State of Washington and all counties i

16、n Wash-ington lying east thereof and Umatilla County in the State of Oregon. 924.5 Prunes Prunes means all varieties of plums, classified botanically as Prunus domestica, grown in the production area, except those of the President va-riety. 924.6 Varieties. Varieties means and includes all clas-sifi

17、cations or subdivisions of prunes. 924.7 Fiscal period. Fiscal period is synonymous with fis-cal year and means the 12-month pe-riod ending on March 31 of each year or such other period that may be ap-proved by the Secretary pursuant to recommendations by the committee. 924.8 Committee. Committee me

18、ans the Washington-Or-egon Fresh Prune Marketing Com-mittee established pursuant to 924.20. 924.9 Grade. Grade means any one of the officially established grades of prunes as defined and set forth in the United States Standards for Fresh Plums and Prunes (51.1520 through 51.1537 of this title) or am

19、endments thereto, or modifica-tions thereof, or variations based thereon. 924.10 Size. Size means the shortest dimension, measured through the center of the prune, at right angles to a line running from the stem to the blossom end, or such other specifications as may be es-tablished by the committee

20、 with the approval of the Secretary. 924.11 Grower. Grower is synonymous with producer and means any person who produces prunes for market and who has a pro-prietary interest therein. 924.12 Handler. Handler is synonymous with shipper and means any person (except a com-mon or contract carrier transp

21、orting prunes owned by another person) who handles prunes. 924.13 Handle. Handle or ship means to sell, consign, deliver, or transport prunes within the production area or between the produc-tion area and any point outside there-of: Provided, That the term handle shall not include the transportation

22、 within the production area of prunes from the orchard where grown to a packing facility located within such area for preparation for market. VerDate Mar2010 08:06 Mar 10, 2011 Jkt 223019 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:SGML223019.XXX 223019jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNo

23、t for ResaleNo reproduction or networking permitted without license from IHS-,-,-191 Agricultural Marketing Service, USDA 924.22 924.14 District. District means the applicable one of the following described subdivisions of the production area, or such other sub-divisions as may be prescribed pursu-a

24、nt to 924.31(m): (a) District 1 shall include all of the production area except Walla Walla, Columbia, Garfield, and Asotin Coun-ties in the State of Washington, and Umatilla County in the State of Or-egon. (b) District 2 shall include the County of Umatilla in the State of Oregon and the Counties o

25、f Walla Walla, Columbia, Garfield, and Asotin in the State of Washington. 924.15 Export. Export means to ship prunes to any destination which is not within the 48 contiguous States, or the District of Columbia, of the United States. 924.16 Pack. Pack means the specific arrangement, size, weight, cou

26、nt, or grade of a quan-tity of prunes in a particular type and size of container, or any combination thereof. 924.17 Container. Container means a box, bag, crate, lug, basket, carton, package, or any other type of receptacle used in the packaging or handling of prunes. ADMINISTRATIVE BODY 924.20 Est

27、ablishment and member-ship. There is hereby established a Wash-ington-Oregon Fresh Prune Marketing Committee consisting of 9 members, each of whom shall have an alternate who shall have the same qualifications as the member for whom he is an alter-nate. Six of the members and their re-spective alter

28、nates shall be growers or officers or employees of corporate growers. Three of the members and their respective alternates shall be handlers, or officers or employees of handlers. The 6 members of the com-mittee who are growers or employees or officers of corporate growers are hereinafter referred t

29、o as grower members of the committee; and the 3 members of the committee who shall be handlers, or officers or employees of handlers, are hereinafter referred to as handler members of the committee. Four of the grower members and their respective alternates shall be pro-ducers of prunes in District

30、1, and 2 of the grower members and their respec-tive alternates shall be producers of prunes in District 2. Two of the handler members and their respective alter-nates shall be handlers of prunes in District 1, and 1 of the handler mem-bers and his respective alternate shall be handlers of prunes in

31、 District 2. 924.21 Term of office. The term of office of each member and alternate member of the com-mittee shall be for two years beginning April 1 and ending March 31: Provided, That the term of office of one-half the initial grower members and alternates from each district and one handler member

32、 and alternate from District 1 shall end March 31, 1961. Members and alternate members shall serve in such capacities for the portion of the term of office for which they are selected and have qualified and until their re-spective successors are selected and have qualified. 924.22 Nominations. (a) I

33、nitial members. Nominations for each of the initial members of the com-mittee, together with nominations for the initial alternate members for each position, may be submitted to the Sec-retary by individual growers and han-dlers. Such nominations may be made by means of group meetings of the growers

34、 and handlers concerned in each district. Such nominations, if made, shall be filed with the Secretary no later than the effective date of this part. In the event nominations for ini-tial members and alternate members of the committees are not filed pursuant to, and within the time specified in, thi

35、s section, the Secretary may select such initial members and alternate members without regard to nomina-tions, but selections shall be on the basis of the representation provided for in 924.20. (b) Successor members. (1) Except as may otherwise be prescribed pursuant to paragraph (b)(3) of this sect

36、ion, the committee shall hold or cause to be VerDate Mar2010 08:06 Mar 10, 2011 Jkt 223019 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Y:SGML223019.XXX 223019jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-192 7 CFR Ch. IX

37、 (1111 Edition) 924.23 held, not later than March 1 of each year, a meeting or meetings of growers and handlers in each district for the purpose of designating nominees for successor members and alternate mem-bers of the committee. At each such meeting a chairman and a secretary shall be selected by

38、 the growers and handlers eligible to participate therein. The chairman shall announce at the meeting the number of votes cast for each person nominated for member or alternate member and shall submit promptly to the committee a complete report concerning such meeting. The committee shall, in turn,

39、promptly submit a copy of each such report to the Secretary. (2) Only growers, including duly au-thorized officers or employees of cor-porate growers, who are present at such nomination meetings may partici-pate in the nomination and election of nominees for grower members and their alternates. Each

40、 grower shall be entitled to cast only one vote for each nominee to be elected in the district in which he produces prunes. No grower shall participate in the election of nominees in more than one district in any one fiscal year. If a person is both a grower and a handler of prunes, such person may

41、vote either as a grower or as a handler but not as both. (3) Only handlers, including duly au-thorized officers or employees of han-dlers, who are present at such nomina-tion meetings, may participate in the nomination and election of nominees for handler members and their alter-nates: Provided, Tha

42、t, in the event the committee determines that attendance at such nomination meetings is not representative of handlers generally, it may, with the approval of the Sec-retary, obtain nominations for handler members and their alternates by mail ballot. Each handler shall be entitled to cast only one v

43、ote for each nominee to be elected in the district in which he handles prunes, which vote shall be weighted by the volume of prunes han-dled by such handler during the then current fiscal year. No handler shall participate in the election of nominees in more than one district in any one fiscal year.

44、 If a person is both a grower and a handler of prunes, such person may vote either as a grower or as a handler but not as both. 924.23 Selection. From the nominations made pursu-ant to 924.22, or from other qualified persons, the Secretary shall select the 6 grower members of the committee, the 3 ha

45、ndler members of the com-mittee, and an alternate for each such member. 924.24 Failure to nominate. If nominations are not made within the time and in the manner prescribed in 924.22, the Secretary may, without regard to nominations, select the mem-bers and alternate members of the committee on the

46、basis of the represen-tation provided for in 924.20. 924.25 Acceptance. Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with the Sec-retary promptly after being notified of such selection. 924.26 Vacancies. To f

47、ill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of the death, removal, resigna-tion, or disqualification of any member or alternate member of the committee, a successor for the unexpired term of such

48、member or alternate member of the committee shall be nominated and selected in the manner specified in 924.22 and 924.23. If the names of nominees to fill any such vacancy are not made available to the Secretary within a reasonable time after such va-cancy occurs, the Secretary may fill such vacancy

49、 without regard to nomi-nations, which selection shall be made on the basis of representation provided for in 924.20. 924.27 Alternate members. An alternate member of the com-mittee, during the absence or at the re-quest of the member for whom he is an alternate, shall act in the place and stead of such member and perform such other duties as assigned. In the event of the death, removal, resignation, or