agricultural marketing service, usda pt. 905 agricultural marketing service, usda pt. 905 7 cfr part...

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41 Agricultural Marketing Service, USDA Pt. 905 7 CFR part where identified and described Current OMB con- trol no. 910, California-Arizona Lemons ........................ 0581–0120 911, Florida Limes ............................................. 0581–0091 912, Florida Indian River Grapefruit .................. 0581–0088 913, Florida Interior District Grapefruit .............. 0581–0081 915, Florida Avocados ....................................... 0581–0078 916, California Nectarines ................................. 0581–0072 917, California Pears, Plums & Peaches .......... 0581–0080 918, Georgia Fresh Peaches ............................ 0581–0135 919, Mesa County, Colorado, Peaches ............ 0581–0139 921, Washington Peaches ................................ 0581–0097 922, Washington Apricots ................................. 0581–0095 923, Washington Sweet Cherries ...................... 0581–0133 924, Washington-Oregon Fresh Prunes ........... 0581–0134 925, S. E. California Desert Grapes ................. 0581–0109 926, California Tokay Grapes ........................... 0581–0075 927, Oregon-Washington-California Winter Pears .............................................................. 0581–0089 928, Hawaiian Papayas ..................................... 0581–0102 929, Cranberries Grown in Designated States 0581–0103 930, Red Tart Cherries ...................................... 0581–0104 931, Oregon-Washington Bartlett Pears ........... 0581–0092 932, California Olives ........................................ 0581–0142 945, Idaho-Eastern Oregon Potatoes ............... 0581–0069 946, Washington Potatoes ................................ 0581–0070 947, Oregon-California Potatoes ....................... 0581–0112 948, Colorado Potatoes ..................................... 0581–0111 953, Southeastern Potatoes .............................. 0581–0084 958, Idaho-Oregon Onions ................................ 0581–0087 959, South Texas Onions .................................. 0581–0074 966, Florida Tomatoes ...................................... 0581–0073 967, Florida Celery ............................................ 0581–0145 971, South Texas Lettuce ................................. 0581–0085 979, South Texas Melons ................................. 0581–0079 981, California Almonds .................................... 0581–0071 982, Oregon-Washington Filberts/Hazelnuts .... 0581–0144 984, California Walnuts ..................................... 0581–0090 985, Spearmint Oil ............................................. 0581–0065 987, California Dates ......................................... 0581–0077 989, California Raisins ...................................... 0581–0083 991, Hops .......................................................... 0581–0086 993, California Dried Prunes ............................. 0581–0099 998, Domestic Peanuts ..................................... 0581–0067 [49 FR 23826, June 8, 1984, as amended at 53 FR 15659, May 3, 1988] PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA Subpart—Order Regulating Handling DEFINITIONS Sec. 905.1 Secretary. 905.2 Act. 905.3 Person. 905.4 Fruit. 905.5 Variety. 905.6 Producer. 905.7 Handler. 905.8 Prepare for market. 905.9 Handle or ship. 905.10 Carton or standard packed carton. 905.11 Fiscal period. 905.12 Committee. 905.13 District. 905.14 Redistricting. 905.15 Regulation Area I. 905.16 Regulation Area II. 905.17 Production area. 905.18 Improved No. 2 grade and Improved No. 2 Bright grade. ADMINISTRATIVE BODIES 905.19 Establishment and membership. 905.20 Term of office. 905.21 Selection of initial members of the committee. 905.22 Nominations. 905.23 Selection. 905.27 Failure to nominate. 905.28 Acceptance of membership. 905.29 Inability of members to serve. 905.30 Powers of the committee. 905.31 Duties of Citrus Administrative Com- mittee. 905.33 Compensation and expenses of com- mittee members. 905.34 Procedure of committees. 905.35 Right of the Secretary. 905.36 Funds. EXPENSES AND ASSESSMENTS 905.40 Expenses. 905.41 Assessments. 905.42 Handler’s accounts. REGULATIONS 905.50 Marketing policy. 905.51 Recommendations for regulation. 905.52 Issuance of regulations. 905.53 Inspection and certification. HANDLERS’ REPORTS 905.70 Manifest report. 905.71 Other information. MISCELLANEOUS PROVISIONS 905.80 Fruit not subject to regulation. 905.81 Compliance. 905.82 Effective time. 905.83 Termination. 905.84 Proceedings after termination. 905.85 Duration of immunities. 905.86 Agents. 905.87 Derogation. 905.88 Personal liability. 905.89 Separability. Subpart—Rules and Regulations 905.105 Tangerine and grapefruit classifica- tions. 905.114 Redistricting of citrus districts and reapportionment of grower members. 905.120 Nomination procedure. NON-REGULATED FRUIT 905.140 Gift packages. 905.141 Minimum exemption. 905.142 Animal feed. 905.145 Certification of certain shipments.

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Page 1: Agricultural Marketing Service, USDA Pt. 905 Agricultural Marketing Service, USDA Pt. 905 7 CFR part where identified and described Current OMB con-trol no. 910, California-Arizona

41

Agricultural Marketing Service, USDA Pt. 905

7 CFR part where identified and describedCurrent

OMB con-trol no.

910, California-Arizona Lemons ........................ 0581–0120911, Florida Limes ............................................. 0581–0091912, Florida Indian River Grapefruit .................. 0581–0088913, Florida Interior District Grapefruit .............. 0581–0081915, Florida Avocados ....................................... 0581–0078916, California Nectarines ................................. 0581–0072917, California Pears, Plums & Peaches .......... 0581–0080918, Georgia Fresh Peaches ............................ 0581–0135919, Mesa County, Colorado, Peaches ............ 0581–0139921, Washington Peaches ................................ 0581–0097922, Washington Apricots ................................. 0581–0095923, Washington Sweet Cherries ...................... 0581–0133924, Washington-Oregon Fresh Prunes ........... 0581–0134925, S. E. California Desert Grapes ................. 0581–0109926, California Tokay Grapes ........................... 0581–0075927, Oregon-Washington-California Winter

Pears .............................................................. 0581–0089928, Hawaiian Papayas ..................................... 0581–0102929, Cranberries Grown in Designated States 0581–0103930, Red Tart Cherries ...................................... 0581–0104931, Oregon-Washington Bartlett Pears ........... 0581–0092932, California Olives ........................................ 0581–0142945, Idaho-Eastern Oregon Potatoes ............... 0581–0069946, Washington Potatoes ................................ 0581–0070947, Oregon-California Potatoes ....................... 0581–0112948, Colorado Potatoes ..................................... 0581–0111953, Southeastern Potatoes .............................. 0581–0084958, Idaho-Oregon Onions ................................ 0581–0087959, South Texas Onions .................................. 0581–0074966, Florida Tomatoes ...................................... 0581–0073967, Florida Celery ............................................ 0581–0145971, South Texas Lettuce ................................. 0581–0085979, South Texas Melons ................................. 0581–0079981, California Almonds .................................... 0581–0071982, Oregon-Washington Filberts/Hazelnuts .... 0581–0144984, California Walnuts ..................................... 0581–0090985, Spearmint Oil ............................................. 0581–0065987, California Dates ......................................... 0581–0077989, California Raisins ...................................... 0581–0083991, Hops .......................................................... 0581–0086993, California Dried Prunes ............................. 0581–0099998, Domestic Peanuts ..................................... 0581–0067

[49 FR 23826, June 8, 1984, as amended at 53FR 15659, May 3, 1988]

PART 905—ORANGES, GRAPEFRUIT,TANGERINES, AND TANGELOSGROWN IN FLORIDA

Subpart—Order Regulating Handling

DEFINITIONS

Sec.905.1 Secretary.905.2 Act.905.3 Person.905.4 Fruit.905.5 Variety.905.6 Producer.905.7 Handler.905.8 Prepare for market.905.9 Handle or ship.905.10 Carton or standard packed carton.905.11 Fiscal period.905.12 Committee.905.13 District.

905.14 Redistricting.905.15 Regulation Area I.905.16 Regulation Area II.905.17 Production area.905.18 Improved No. 2 grade and Improved

No. 2 Bright grade.

ADMINISTRATIVE BODIES

905.19 Establishment and membership.905.20 Term of office.905.21 Selection of initial members of the

committee.905.22 Nominations.905.23 Selection.905.27 Failure to nominate.905.28 Acceptance of membership.905.29 Inability of members to serve.905.30 Powers of the committee.905.31 Duties of Citrus Administrative Com-

mittee.905.33 Compensation and expenses of com-

mittee members.905.34 Procedure of committees.905.35 Right of the Secretary.905.36 Funds.

EXPENSES AND ASSESSMENTS

905.40 Expenses.905.41 Assessments.905.42 Handler’s accounts.

REGULATIONS

905.50 Marketing policy.905.51 Recommendations for regulation.905.52 Issuance of regulations.905.53 Inspection and certification.

HANDLERS’ REPORTS

905.70 Manifest report.905.71 Other information.

MISCELLANEOUS PROVISIONS

905.80 Fruit not subject to regulation.905.81 Compliance.905.82 Effective time.905.83 Termination.905.84 Proceedings after termination.905.85 Duration of immunities.905.86 Agents.905.87 Derogation.905.88 Personal liability.905.89 Separability.

Subpart—Rules and Regulations

905.105 Tangerine and grapefruit classifica-tions.

905.114 Redistricting of citrus districts andreapportionment of grower members.

905.120 Nomination procedure.

NON-REGULATED FRUIT

905.140 Gift packages.905.141 Minimum exemption.905.142 Animal feed.905.145 Certification of certain shipments.

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7 CFR Ch. IX (1–1–98 Edition)§ 905.1

905.146 Special purpose shipments.905.147 Certificate of privilege.905.148 Reports of special purpose shipments

under certificates of privilege.905.150 Eligibility requirements for public

member and alternate member.905.152 Procedure for determining handlers’

permitted quantities of Robinson, Dancyand similar tangerine varieties when aportion of the 210 size of such varieties isrestricted.

905.153 Procedure for determining handlers’permitted quantities of red seedlessgrapefruit when a portion of sizes 48 and56 of such variety is restriced.

905.161 Repacking shipper.905.162 Repacking certificate of privilege.905.163 Reports of shipments under repack-

ing certificate of privilege.

Subpart—Assessment Rates

905.235 Assessment rate.

Subpart—Grade and Size Requirements

905.306 Orange, Grapefruit, Tangerine andTangelo Regulation.

Subpart—Interpretative Rule

905.400 Interpretation of certain provisions.

AUTHORITY: 7 U.S.C. 601–674.

Subpart—Order RegulatingHandling

SOURCE: 22 FR 10734, Dec. 27, 1957, unlessotherwise noted. Redesignated at 26 FR 12751,Dec. 30, 1961.

DEFINITIONS

§ 905.1 Secretary.

Secretary means the Secretary of Ag-riculture of the United States, or anyofficer or employee of the UnitedStates Department of Agriculture towhom authority has heretofore beendelegated, or to whom authority mayhereafter be delegated, to act in hisstead.

[42 FR 59368, Nov. 17, 1977]

§ 905.2 Act.

Act means Public Act No. 10, 73d Con-gress (May 12, 1933), as amended and asreenacted and amended by the Agricul-tural Marketing Agreement Act of 1937,as amended. (48 Stat. 31, as amended; 7U.S.C. 601 et seq.; 68 Stat. 906, 1047.)

§ 905.3 Person.

Person means an individual, partner-ship, corporation, association, businesstrust, legal representative, or any or-ganized group of individuals.

§ 905.4 Fruit.

Fruit means any or all varieties ofthe following types of citrus fruitsgrown in the production area:

(a) Citrus sinensis, Osbeck, com-monly called ‘‘oranges’’;

(b) Citrus paradisi, MacFadyen, com-monly called ‘‘grapefruit’’;

(c) Citrus nobilis deliciosa, com-monly called ‘‘tangerines’’;

(d) Temple oranges;(e) Tangelos; and(f) Honey tangerines.

[30 FR 13933, Nov. 4, 1965, as amended at 42FR 59368, Nov. 17, 1977]

§ 905.5 Variety.

Variety or varieties means any one ormore of the following classifications orgroupings of fruit:

(a) Early and Midseason oranges andother types commonly called ‘‘roundoranges,’’ except Navel oranges and ex-cept Valencia, Lue Gim Gong, andsimilar late maturing oranges of theValencia type;

(b) Valencia, Lue Gim Gong, andsimilar late maturing oranges of theValencia type;

(c) Temple oranges;(d) Marsh and other seedless grape-

fruit, excluding pink grapefruit;(e) Duncan and other seeded grape-

fruit, excluding pink grapefruit;(f) Pink seedless grapefruit;(g) Pink seeded grapefruit;(h) Tangelos;(i) Dancy and similar tangerines, ex-

cluding Robinson and Honey tan-gerines;

(j) Robinson tangerines;(k) Honey tangerines;(l) Navel oranges; and(m) Other varieties of citrus fruits

specified in § 905.4 as recommended bythe committee and approved by theSecretary.

[34 FR 12427, July 30, 1969, as amended at 42FR 59368, Nov. 17, 1977; 42 FR 61853, Dec. 7,1977]

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Agricultural Marketing Service, USDA § 905.14

§ 905.6 Producer.

Producer is synonymous with growerand means any person who is engagedin the production for market of fruit inthe production area and who has a pro-prietary interest in the fruit so pro-duced.

[42 FR 59368, Nov. 17, 1977]

§ 905.7 Handler.

Handler is synonymous with shipperand means any person (except a com-mon or contract carrier transportingfruit for another person) who, as owner,agent, or otherwise, handles fruit infresh form, or causes fruit to be han-dled.

§ 905.8 Prepare for market.

Prepare for market means to wash,grade, size, or place fruit (whether ornot wrapped) into any container what-soever; but such term shall not includethe harvesting of fruit.

§ 905.9 Handle or ship.

Handle or ship means:(a) To sell, consign, deliver, or trans-

port fruit, or in any other way to placefruit in the current of commerce be-tween the production area and anypoint outside thereof in the 48 contig-uous States and the District of Colum-bia of the United States; and

(b) To export fruit from any point inthe 48 contiguous States and the Dis-trict of Columbia of the United Statesto any destination.

[54 FR 37292, Sept. 8, 1989]

§ 905.10 Carton or standard packedcarton.

Carton or standard packed cartonmeans a unit of measure equivalent tofour-fifths (4⁄5) of a United States bush-el of fruit, whether in bulk or in anycontainer.

[42 FR 59368, Nov. 17, 1977]

§ 905.11 Fiscal period.

Fiscal period means the period of timefrom August 1 of any year until July 31of the following year, both dates inclu-sive.

§ 905.12 Committee.Committee means the Citrus Adminis-

trative Committee established pursu-ant to § 905.19.

[42 FR 59368, Nov. 17, 1977]

§ 905.13 District.(a) Citrus District One shall include

the Counties of Hillsborough, Pinellas,Pasco, Hernando, Citrus, Sumter, andLake.

(b) Citrus District Two shall includethe Counties of Osceola, Orange, Semi-nole, Alachua, Putnam, St. Johns,Flagler, Marion, Levy, Duval, Nassau,Baker, Union, Bradford, Columbia,Clay, Gilchrist, and Suwannee, andCounty Commissioner, Districts One,Two, and Three of Volusia County, andthat part of the Counties of IndianRiver and Brevard not included in Reg-ulation Area II.

(c) Citrus District Three shall includethe County of St. Lucie and that partof the Counties of Brevard, IndianRiver, Martin, and Palm Beach de-scribed as lying within RegulationArea II, and County Commissioner’sDistricts Four and Five of VolusiaCounty.

(d) Citrus District Four shall includethe Counties of Manatee, Sarasota,Hardee, Highlands, Okeechobee,Glades, De Sota, Charlotte, Lee,Hendry, Collier, Monroe, Dade,Broward, and that part of the Countiesof Palm Beach and Martin not includedin Regulation Area II.

(e) Citrus District Five shall includethe County of Polk.

[42 FR 59368, Nov. 17, 1977]

§ 905.14 Redistricting.The committee may with the ap-

proval of the Secretary, redefine thedistricts into which the productionarea is divided or reapportion or other-wise change the grower membership ofdistricts, or both: Provided, That themembership shall consist of at leasteight but not more than nine growermembers, and any such change shall bebased, so far as practicable, upon therespective averages for the imme-diately preceding five fiscal periods of(1) the volume of fruit shipped fromeach district; (2) the volume of fruitproduced in each district; and (3) the

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7 CFR Ch. IX (1–1–98 Edition)§ 905.15

total number of acres of citrus in eachdistrict. The committee shall considersuch redistricting and reapportionmentduring the 1980–81 fiscal period, andonly in each fifth fiscal period there-after, and each such redistricting or re-apportionment shall be announced onor before March 1 of the then currentfiscal period.

[42 FR 59368, Nov. 17, 1977]

§ 905.15 Regulation Area I.Regulation Area I is defined as the

‘‘Interior District’’, and shall includeall that part of the production area notincluded in Regulation Area II.

[54 FR 37292, Sept. 8, 1989]

§ 905.16 Regulation Area II.Regulation Area II is defined as the

‘‘Indian River District’’, and shall in-clude that part of the State of Floridaparticularly described as follows:

Beginning at a point on the shore of theAtlantic Ocean where the line betweenFlagler and Volusia Counties intersects saidshore, thence follow the line between saidtwo counties to the Southwest corner of Sec-tion 23, Township 14 South, Range 31 East;thence continue South to the Southwest cor-ner of Section 35, Township 14 South, Range31 East; thence East to the Northwest cornerof Township 15 South, Range 32 East; thenceSouth to the Southwest corner of Township17 South, Range 32 East; thence East to theNorthwest corner of Township 18 South,Range 33 East; thence South to the St. JohnsRiver; thence along the main channel of theSt. Johns River and through Lake Harney,Lake Poinsett, Lake Winder, Lake Washing-ton, Sawgrass Lake, and Lake Helen Blazesto the range line between Ranges 35 East and36 East; thence South to the South line ofBrevard County; thence East to the line be-tween Ranges 36 East and 37 East; thenceSouth to the Southwest corner of St. LucieCounty; thence East to the line betweenRanges 39 East and 40 East; thence South tothe South line of Martin County; thenceEast to the line between Ranges 40 East and41 East; thence South to the West PalmBeach Canal (also known as the OkeechobeeCanal); thence follow said canal eastward tothe mouth thereof; thence East to the shoreof the Atlantic Ocean; thence Northerlyalong the shore of the Atlantic Ocean to thepoint of beginning.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and 42 FR 59368, Nov.17, 1977, and amended at 42 FR 59370, Nov. 17,1977; 54 FR 37292, Sept. 8, 1989]

§ 905.17 Production area.

Production area means that portion ofthe State of Florida which is boundedby the Suwannee River, the Georgiaborder, the Atlantic Ocean, and theGulf of Mexico.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and 42 FR 59368, Nov.17, 1977]

§ 905.18 Improved No. 2 grade and Im-proved No. 2 Bright grade.

Improved No. 2 grade and Improved No.2 Bright grade means grapefruit meet-ing all of the respective requirementsof the U.S. No. 2 grade and the U.S. No.2 Bright grade and those requirementsof the U.S. No. 1 grade relating toshape (form) and color, as such require-ments are set forth in the U.S. Stand-ards for Grades of Florida Grapefruit(§§ 51.750–51.783 of this title) or as suchstandards may hereafter be amended.

[31 FR 15060, Dec. 1, 1966. Redesignated at 42FR 59368, Nov. 17, 1977]

ADMINISTRATIVE BODIES

§ 905.19 Establishment and member-ship.

(a) There is hereby established a Cit-rus Administrative Committee consist-ing of at least eight but not more thannine grower members, and eight ship-per members. Grower members shall bepersons who are not shippers or em-ployees of shippers: Provided, that thecommittee, with the approval of theSecretary, may establish alternativequalifications for such grower mem-bers. Shipper members shall be ship-pers or employees of shippers. Thecommittee may be increased by onenon-industry member nominated bythe committee and selected by the Sec-retary. The committee, with approvalof the Secretary, shall prescribe quali-fications, term of office, and the proce-dure for nominating the non-industrymember.

(b) Each member shall have an alter-nate who shall have the same qualifica-tions as the member for whom this per-son is an alternate.

[54 FR 37293, Sept. 8, 1989]

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Agricultural Marketing Service, USDA § 905.23

§ 905.20 Term of office.The term of office of members and al-

ternate members shall begin on thefirst day of August and continue forone year and until their successors areselected and have qualified. The con-secutive terms of office of a membershall be limited to three terms. Theterms of office of alternate membersshall not be so limited. Members, theiralternates, and their respective succes-sors shall be nominated and selected bythe Secretary as provided in §§ 905.22and 905.23.

[42 FR 59369, Nov. 17, 1977]

§ 905.21 Selection of initial members ofthe committee.

The initial members of the Citrus Ad-ministrative Committee and their re-spective alternates shall be the mem-bers and alternates of the Growers Ad-ministrative Committee and the Ship-pers Advisory Committee serving onthe effective date of his amendment.Each member and alternate shall serveuntil completion of the term for whichhe was selected and until his successorhas been selected and qualified.

[42 FR 59369, Nov. 17, 1977]

§ 905.22 Nominations.(a) Grower member. (1) The committee

shall give public notice of a meeting ofproducers in each district to be heldnot later than July 10 of each year, forthe purpose of making nominations forgrower members and alternate growermembers. The committee, with the ap-proval of the Secretary, shall prescribeuniform rules to govern such meetingsand the balloting thereat. The chair-man of each meeting shall publicly an-nounce at such meeting the names ofthe persons nominated, and the chair-man and secretary of each such meet-ing shall transmit to the Secretarytheir certification as to the number ofvotes so cast, the names of the personsnominated, and such other informationas the Secretary may request. Allnominations shall be submitted to theSecretary on or before the 20th day ofJuly.

(2) Each nominee shall be a producerin the district from which he is nomi-nated. In voting for nominees, eachproducer shall be entitled to cast one

vote for each nominee in each of thedistricts in which he is a producer. Atleast three of the nominees and theiralternates so nominated shall be affili-ated with a bona fide cooperative mar-keting organization.

(b) Shipper members. (1) the Commit-tee shall give public notice of a meet-ing for bona fide cooperative market-ing organizations which are handlers,and a meeting for other handlers whoare not so affiliated, to be held notlater than July 10 of each year, for thepurpose of making nominations forshipper members and their alternates.The committee, with the approval ofthe Secretary, shall prescribe uniformrules to govern each such meeting andballoting thereat. The chairman ofeach such meeting shall publicly an-nounce at the meeting the names ofthe persons nominated and the chair-man and secretary of each such meet-ing shall transmit to the Secretarytheir certification as to the number ofvotes cast, the weight by volume ofthose shipments voted, and such otherinformation as the Secretary may re-quest. All nominations shall be submit-ted to the Secretary on or before the20th day of July.

(2) Nomination of at least threemembers and their alternates shall bemade by bona fide cooperative market-ing organizations which are handlers.Nominations for not more than fivemembers and their alternates shall bemade by handlers who are not so affili-ated. In voting for nominees, each han-dler or his authorized representativeshall be entitled to cast one vote,which shall be weighted by the volumeof fruit by such handler during thethen current fiscal period.

[42 FR 59369, Nov. 17, 1977]

§ 905.23 Selection.(a) From the nominations made pur-

suant to § 905.22(a) or from other quali-fied persons, the Secretary shall selectone member and one alternate memberto represent District 2 and two mem-bers and two alternate members eachto represent District, 1, 3, 4, and 5 orsuch other number of members and al-ternate members from each district asmay be prescribed pursuant to § 905.14.At least three such members and theiralternates shall be affiliated with bona

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7 CFR Ch. IX (1–1–98 Edition)§ 905.27

fide cooperative marketing organiza-tions.

(b) From the nominations made pur-suant to § 905.22(b) or from other quali-fied persons, the Secretary shall selectat least three members and their alter-nates to represent bona fide coopera-tive marketing organizations which arehandlers, and the remaining membersand their alternates to represent han-dlers who are not so affiliated.

[42 FR 59369, Nov. 17, 1977]

§ 905.27 Failure to nominate.

In the event nominations for a mem-ber or alternate member of the com-mittee are not made pursuant to theprovisions of §§ 905.22 and 905.25, theSecretary may select such member oralternate member without regard tonominations.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977]

§ 905.28 Acceptance of membership.

Any person selected by the Secretaryas a member or alternate member ofthe committee shall qualify by filing awritten acceptance with the Secretarywithin 10 days after being notified ofsuch selection.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977]

§ 905.29 Inability of members to serve.

(a) An alternate for a member of thecommittee shall act in the place andstead of such member (1) in his ab-sence, or (2) in the event of his re-moval, resignation, disqualification, ordeath, and until a successor for his un-expired term has been selected.

(b) In the event of the death, re-moval, resignation, or disqualificationof any person selected by the Secretaryas a member or an alternate member ofthe committee, a successor for the un-expired term of such person shall be se-lected by the Secretary. Such selectionmay be made without regard to theprovisions of this subpart as to nomi-nations.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977]

§ 905.30 Powers of the committee.The committee, in addition to the

power to administer the terms and pro-visions of this subpart, as herein spe-cifically provided, shall have power (a)to make, only to the extent specifi-cally permitted by the provisions con-tained in this subpart, administrativerules and regulations; (b) to receive, in-vestigate and report to the Secretarycomplaints of violations of this sub-part; and (c) to recommend to the Sec-retary amendments to this subpart.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977]

§ 905.31 Duties of Citrus Administra-tive Committee.

It shall be the duty of the Citrus Ad-ministrative Committee:

(a) To select a chairman from itsmembership, and to select such otherofficers and adopt such rules and regu-lations for the conduct of its businessas it may deem advisable;

(b) To keep minutes, books, andrecords which will clearly reflect all ofits acts and transactions, which min-utes, books, and records shall at alltimes be subject to the examination ofthe Secretary;

(c) To act as intermediary betweenthe Secretary and the producers andhandlers;

(d) To furnish the Secretary withsuch available information as he mayrequest;

(e) To appoint such employees as itmay deem necessary and to determinethe salaries and define the duties ofsuch employees;

(f) To cause its books to be auditedby one or more certified or registeredpublic accountants at least once foreach fiscal period, and at such othertimes as it deems necessary or as theSecretary may request, and to file withthe Secretary copies of all audit re-ports;

(g) To prepare and publicly issue amonthly statement of financial oper-ations of the committee;

(h) To provide an adequate systemfor determining the total crop of eachvariety of fruit, and to make such de-terminations, including determina-tions by grade and size, as it may deemnecessary, or as may be prescribed by

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Agricultural Marketing Service, USDA § 905.36

the Secretary, in connection with theadministration of this subpart;

(i) To perform such duties in connec-tion with the administration of section32 of the act to amend the AgriculturalAdjustment Act and for other purposes,Public Act No. 320, 74th Congress, asamended, as may from time to time beassigned to it by the Secretary;

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 30 FR13934, Nov. 4, 1965; 42 FR 59369, Nov. 17, 1977]

§ 905.33 Compensation and expenses ofcommittee members.

The members and alternate membersof the Committee shall serve withoutcompensation but may be reimbursedfor expenses necessarily incurred bythem in attending committee meetingsand in the performance of their dutiesunder this part.

[42 FR 59369, Nov. 17, 1977]

§ 905.34 Procedure of committees.(a) Ten members of the committee

shall constitute a quorum.(b) For any decision or recommenda-

tion of the committee to be valid, tenconcurring votes, five of which must begrower votes, shall be necessary: Pro-vided, That the committee may rec-ommend a regulation restricting theshipment of grapefruit grown in Regu-lation Area I or Regulation Area IIwhich meets the requirements of theImproved No. 2 grade or the ImprovedNo. 2 Bright grade only upon the af-firmative vote of a majority of itsmembers present from the regulationarea in which such restriction wouldapply; and whenever a meeting to con-sider a recommendation for release ofsuch grade is requested by a majorityof the members from the affected area,the committee shall hold a meetingwithin a reasonable length of time forthe purpose of considering such a rec-ommendation. If after such consider-ation the requesting area majoritypresent continues to favor such releasefor their area, the request shall be con-sidered a valid recommendation andtransmitted to the Secretary. Thevotes of each member cast for oragainst any recommendation madepursuant to this subpart shall be dulyrecorded. Whenever an assembled

meeting is held each member mustvote in person.

(c) The committee may, in cases ofemergency, vote by telephone and allsuch votes must be confirmed in writ-ing. Any proposition so voted uponshall first be fully explained to allmembers or alternates acting as mem-bers. When any proposition is submit-ted to be voted on by telephone, two (2)dissenting votes shall prevent its adop-tion.

(d) The committee shall give the Sec-retary the same notice of meetings asis given to the members thereof.

[42 FR 59369, Nov. 17, 1977]

§ 905.35 Right of the Secretary.The members of the committee (in-

cluding successors and alternates), andany agent or employee appointed oremployed by the committee, shall besubject to removal or suspension bythe Secretary at any time. Each andevery order, regulation, decision, de-termination, or other act of the com-mittee shall be subject to the continu-ing right of the Secretary to dis-approve of the same at any time andupon his disapproval shall be deemednull and void, except as to acts done inreliance thereon or in compliancetherewith.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977]

§ 905.36 Funds.(a) All funds received by the commit-

tee pursuant to any provision of thissubpart shall be used solely for the pur-poses herein specified and shall be ac-counted for in the manner provided inthis subpart.

(b) The Secretary may, at any time,require the committee and its membersto account for all receipts and dis-bursements.

(c) Upon the removal or expiration ofthe term of office of any member of thecommittee, such member shall accountfor all receipts and disbursements anddeliver all property and funds, togetherwith all books and records, in his pos-session, to his successor in office, andshall execute such assignments andother instruments as may be necessaryor appropriate to vest in such successor

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7 CFR Ch. IX (1–1–98 Edition)§ 905.40

full title to all of the property, funds,and claims vested in such member pur-suant to this subpart.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977]

EXPENSES AND ASSESSMENTS

§ 905.40 Expenses.The committee is authorized to incur

such expenses as the Secretary findsare reasonable and likely to be in-curred to carry out the functions of thecommittee under this subpart duringeach fiscal period. The funds to coversuch expenses shall be acquired by thelevying of assessments upon handlersas provided in § 905.41.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977]

§ 905.41 Assessments.(a) Each handler who first handles

fruit shall pay to committee, upon de-mand, such handler’s pro rata share ofthe expenses which the Secretary findswill be incurred by the committee forthe maintenance and functioning, dur-ing each fiscal period, of the commit-tee established under this subpart.Each such handler’s share of such ex-penses shall be that proportion thereofwhich the total quantity of fruitshipped by such handler as the firsthandler thereof during the applicablefiscal period is of the total quantity offruit so shipped by all handlers duringthe same fiscal period. The Secretaryshall fix the rate of assessment perstandard packed carton of fruit to bepaid by each such handler. The pay-ment of assessments for the mainte-nance and functioning of the commit-tee may be required under this partthroughout the period it is in effect ir-respective of whether particular provi-sions thereof are suspended or becomeinoperative.

(b) At any time during or after thefiscal period, the Secretary may in-crease the rate of assessment so thatthe sum of money collected pursuantto the provisions of this section shallbe adequate to cover the said expenses.Such increase shall be applicable to allfruit shipped during the given fiscal pe-riod. In order to provide funds to carry

out the functions of the committee es-tablished under § 905.19, handlers maymake advance payment of assessments.

(c) In the case of an extreme emer-gency, the committee may borrowmoney on a short term basis to providefunds for the administration of thispart. Any such borrowed money shallonly be used to meet the committee’scurrent financial obligations, and thecommittee shall repay all such bor-rowed money by the end of the next fis-cal period from assessment income.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59370, Nov. 17, 1977; 54 FR 37293, Sept. 8, 1989]

§ 905.42 Handler’s accounts.

(a) If, at the end of a fiscal period,the assessments collected are in excessof expenses incurred, the committee,with the approval of the Secretary,may carry over such excess into subse-quent fiscal periods as a reserve: Pro-vided, That funds already in the reservedo not exceed approximately one-halfof one fiscal period’s expenses. Such re-serve funds may be used (1) to coverany expenses authorized by this partand (2) to cover necessary expenses ofliquidation in the event of terminationof this part. If any such excess is notretained in a reserve, each handler en-titled to a proportionate refund shallbe credited with such refund againstthe operations of the following fiscalperiod unless he demands payment ofthe sum due him, in which case suchsum shall be paid to him. Upon termi-nation of this part, any funds not re-quired to defray the necessary expensesof liquidation shall be disposed of insuch manner as the Secretary may de-termine to be appropriate: Provided,That to the extent practical, suchfunds shall be returned pro rata to thepersons from whom such funds werecollected.

(b) The committee may, with the ap-proval of the Secretary, maintain in itsown name or in the name of its mem-bers a suit against any handler for thecollection of such handler’s pro ratashare of the said expense.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 34 FR12427, July 30, 1969; 42 FR 59371, Nov. 17, 1977]

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Agricultural Marketing Service, USDA § 905.52

REGULATIONS

§ 905.50 Marketing policy.(a) Before making any recommenda-

tions pursuant to § 905.51 for any vari-ety of fruit, the committee shall, withrespect to the regulations permitted by§ 905.52, submit to the Secretary a de-tailed report setting forth an advisablemarketing policy for such variety forthe then current shipping season. Suchreport shall set forth the proportion ofthe remainder of the total crop of suchvariety of fruit (determined by thecommittee to be available for shipmentduring the remainder of the shippingseason of such variety) deemed advis-able by the committee to be shippedduring such season.

(b) In determining each such market-ing policy and advisable proportion,the committee shall give due consider-ation to the following factors relatingto citrus fruit produced in Florida andin other States: (1) The available cropof each variety of citrus fruit in Flor-ida, and in other States, including thegrades and sizes thereof, which gradesand sizes in Florida shall be deter-mined by the committee pursuant to§ 905.31; (2) the probable shipments ofcitrus fruit from other States; (3) thelevel and trend in consumer income; (4)the prospective supplies of competitivecommodities; and (5) other pertinentfactors bearing on the marketing offruit.

(c) In addition to the foregoing, thecommittees shall set forth a scheduleof proposed regulations for the remain-der of the shipping season for each va-riety of fruit for which recommenda-tions to the Secretary pursuant to§ 905.51 are contemplated. Such sched-ules shall recognize the practical oper-ations of harvesting and preparationfor market of each variety and thechange in grades and sizes thereof asthe respective seasons advance. In theevent it is deemed advisable to altersuch marketing policy or advisableproportion as the shipping season pro-gresses, in view of changed demand andsupply conditions with respect to fruit,the said committee shall submit to theSecretary a report thereon.

(d) The committee shall transmit acopy of each marketing policy reportor revision thereof to the Secretary

and to each producer and handler whofiles a request therefor. Copies of allsuch reports shall be maintained in theoffice of the committee where theyshall be available for examination byproducers and handlers.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 30 FR13934, Nov. 4, 1965; 42 FR 59371, Nov. 17, 1977]

§ 905.51 Recommendations for regula-tion.

(a) Whenever the committee deems itadvisable to regulate any variety inthe manner provided in § 905.52, it shallgive due consideration to the followingfactors relating to the citrus fruit pro-duced in Florida and in other States:(1) Market prices, including prices bygrades and sizes of the fruit for whichregulation is recommended; (2) matu-rity, condition, and available supply,including the grade and size thereof inthe producing areas; (3) other pertinentmarket information; and (4) the leveland trend in consumer income. Thecommittee shall submit to the Sec-retary its recommendations and sup-porting information respecting the fac-tors enumerated in this section.

(b) The committee shall give noticeof any meeting to consider the rec-ommendation of regulations pursuantto § 905.52 by mailing a notice of meet-ing to each handler who has filed hisaddress with committee for this pur-pose. The committee shall give thesame notice of any such recommenda-tion before the time it is recommendedthat such regulation become effective.

[42 FR 59370, Nov. 17, 1977]

§ 905.52 Issuance of regulations.(a) Whenever the Secretary shall find

from the recommendations and reportsof the committee, or from other avail-able information, that to limit theshipment of any variety would tend toeffectuate the declared policy of theact, he shall so limit the shipment ofsuch variety during a specified periodor periods. Such regulations may:

(1) Limit the shipments of any gradeor size, or both, of any variety, in anymanner as may be prescribed, and anysuch limitation may provide that ship-ments of any variety grown in Regula-tion Area II shall be limited to grades

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7 CFR Ch. IX (1–1–98 Edition)§ 905.53

and sizes different from the grade andsize limitations applicable to ship-ments of the same varieties grown inRegulation Area I: Provided, Thatwhenever any such grade or size limita-tion restricts the shipment of a portionof a specified grade or size of a varietythe quantity of such grade or size thatmay be shipped by a handler during aparticular week shall be established asa percentage of the total shipments ofsuch variety by such handler in suchprior period established by the com-mittee with the approval of the Sec-retary, in which he shipped such vari-ety.

(2) Limit the shipment of any varietyby establishing and maintaining, onlyin terms of grades or sizes, or both,minimum standards of quality and ma-turity;

(3) Limit the shipment of the totalquantity of any variety by prohibitingthe shipment thereof: Provided, thatno such prohibition shall apply to ex-ports or be effective during any fiscalperiod with respect to any varietyother than for one period not exceedingfive days during the week in whichThanksgiving Day occurs, and for notmore than two periods not exceeding atotal of 14 days during the period De-cember 20 to January 20, both dates in-clusive.

(4) Provide that exports of any vari-ety shall be limited to grades and sizesdifferent from the grade and size limi-tations applicable to shipments of suchvariety in the 48 contiguous States andthe District of Columbia of the UnitedStates, and specify condition require-ments for such variety; and

(5) Fix the size, capacity, weight, di-mensions, marking, or pack of the con-tainer or containers which may be usedin the shipment of fruit for export:Provided, that such regulation shallnot authorize the use of any containerwhich is prohibited for use for fruitunder the provisions of Chapter 601 ofthe Florida Statutes and regulationseffective thereunder.

(b) Prior to the beginning of any suchregulations, the Secretary shall notifythe committee of the regulation issuedby him, and the committee shall notifyall handlers by mailing a copy thereofto each handler who has filed his ad-

dress with said committee for this pur-pose.

(c) Whenever the Secretary findsfrom the recommendations and reportsof the committee, or from other avail-able information, that a regulationshould be modified, suspended, or ter-minated with respect to any or allshipments of fruit in order to effec-tuate the declared policy of the act, heshall so modify, suspend, or terminatesuch regulation. If the Secretary findsthat a regulation obstructs or does nottend to effectuate the declared policyof the act, he shall suspend or termi-nate such regulation. On the samebasis, and in like manner, the Sec-retary may terminate any such modi-fication or suspension.

(d) Whenever any variety is regulatedpursuant to paragraph (a)(3) of this sec-tion, no such regulation shall bedeemed to limit the right of any personto sell, contract to sell, or export suchvariety but no handler shall otherwiseship any fruit of such variety whichwas prepared for market during the ef-fective period of such regulation.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 34 FR12427, July 30, 1969; 42 FR 59370, Nov. 17, 1977;54 FR 37292, Sept. 8, 1989]

§ 905.53 Inspection and certification.

(a) Whenever the handling of a vari-ety of a type of fruit is regulated pur-suant to § 905.52, each handler who han-dles any variety of such type of fruitshall, prior to the handling of any lotof such variety, cause such lot to be in-spected by the Federal-State Inspec-tion Service and certified by it asmeeting all applicable requirements ofsuch regulation: Provided, That suchinspection and certification shall notbe required if the particular lot of fruitpreviously had been so inspected andcertified unless such prior inspectionwas not performed within such timelimitations as may be prescribed pursu-ant to paragraph (b) of this section.Each handler shall promptly submit, orcause to be submitted, to the commit-tee a copy of each certificate of inspec-tion issued to him covering varieties sohandled.

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Agricultural Marketing Service, USDA § 905.83

(b) With respect to any variety regu-lated pursuant to § 905.52(a)(4), the com-mittee may prescribe, with the ap-proval of the Secretary, such require-ments with respect to time of inspec-tion as it may deem necessary to in-sure satisfactory condition of the fruitat time of export.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59371, Nov. 17, 1977]

HANDLERS’ REPORTS

§ 905.70 Manifest report.The committee may request informa-

tion from each handler regarding thevariety, grade, and size of each stand-ard packed carton of fruit shipped byhim and may require such informationto be mailed or delivered to the com-mittee or its duly authorized rep-resentative, within 24 hours after suchshipment is made, in a manner or bysuch method as the said committeemay prescribe, and upon such forms asmay be prepared by it.

[42 FR 59371, Nov. 17, 1977]

§ 905.71 Other information.Upon request of the committee, made

with the approval of the Secretary,every handler shall furnish the com-mittee, in such manner and at suchtimes as it prescribes, such other infor-mation as will enable it to perform itsduties under this subpart.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59371, Nov. 17, 1977]

MISCELLANEOUS PROVISIONS

§ 905.80 Fruit not subject to regula-tion.

Except as otherwise provided in thissection, any person may, without re-gard to the provisions of §§ 905.52 and905.53 and the regulations issued there-under, ship any variety for the follow-ing purposes: (a) To a charitable insti-tution for consumption by such insti-tution; (b) to a relief agency for dis-tribution by such agency; (c) to a com-mercial processor for conversion bysuch processor into canned or frozenproducts or into a beverage base; (d) byparcel post; or (e) in such minimumquantities, types of shipments, or for

such purposes as the committee withthe approval of the Secretary mayspecify. No assessment shall be leviedon fruit so shipped. The committeeshall, with the approval of the Sec-retary, prescribe such rules, regula-tions, or safeguards as it may deemnecessary to prevent varieties handledunder the provisions of this sectionfrom entering channels of trade forother than the purposes authorized bythis section. Such rules, regulations,and safeguards may include the re-quirements that handlers shall file ap-plications with the committee for au-thorization to handle a variety pursu-ant to this section, and that such ap-plications be accompanied by a certifi-cation by the intended purchaser or re-ceiver that the variety will not be usedfor any purpose not authorized by thissection.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59371, Nov. 17, 1977]

§ 905.81 Compliance.Except as provided in this part, no

person shall ship fruit the shipment ofwhich has been prohibited by the Sec-retary in accordance with the provi-sions of this part.

§ 905.82 Effective time.The provisions of this subpart shall

become effective on and after 12:01a.m., e.s.t., September 1, 1946, and shallcontinue in force until terminated inone of the ways specified in § 905.83.

§ 905.83 Termination.(a) The Secretary may at any time

terminate the provisions of this partby giving at least one day’s notice bymeans of a press release or in any othermanner which he may determine.

(b) The Secretary shall terminate theprovisions of this part at the end ofany fiscal period whenever he findsthat such termination is favored by amajority of producers who, during thepreceding fiscal period, have been en-gaged in the production for market offruit: Provided, That such majorityhave, during such period, produced formarket more than 50 percent of thevolume of such fruit produced for mar-ket, but such termination shall be ef-fective only if announced on or before

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7 CFR Ch. IX (1–1–98 Edition)§ 905.84

July 31 of the then current fiscal pe-riod.

(c) The Secretary shall conduct a ref-erendum six years after the effectivedate of this paragraph and every sixthyear thereafter to ascertain whethercontinuance of this part is favored byproducers. The Secretary may termi-nate the provisions of this part at theend of any fiscal period in which theSecretary has found that continuanceof this part is not favored by producerswho during a representative period, de-termined by the Secretary, have beenengaged in the production for marketof the fruit in the production area.Such termination shall be announcedon or before July 31 of the fiscal period.

(d) The provisions of this part shall,in any event, terminate whenever theprovisions of the act authorizing itcease to be in effect.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 54 FR37293, Sept. 8, 1989]

§ 905.84 Proceedings after termination.(a) Upon the termination of the pro-

visions of this part, the then function-ing members of the committee shallcontinue as joint trustees, for the pur-pose of liquidating the affairs of thecommittee, of all the funds and prop-erty then in the possession of or undercontrol of committee, including claimsfor any funds unpaid or property notdelivered at the time of such termi-nation.

(b) The said trustees (1) shall con-tinue in such capacity until dischargedby the Secretary, (2) shall, from timeto time, account for all receipts anddisbursements or deliver all propertyon hand, together with all books andrecords of the committee and of thejoint trustees, to such person as theSecretary may direct; and (3) shall,upon the request of the Secretary, exe-cute such assignments or other instru-ments necessary or appropriate to vestin such person full title and right to allof the funds, property, and claims vest-ed in the committee, or the joint trust-ees pursuant to this part.

(c) Any funds collected pursuant to§ 905.41, over and above the amountsnecessary to meet outstanding obliga-tions and expenses necessarily incurredduring the operation of this part and

during the liquidation period, shall bereturned to handlers as soon as prac-ticable after the termination of thispart. The refund to each handler shallbe represented by the excess of theamount paid by him over and above hispro rata share of the expenses.

(d) Any person to whom funds, prop-erty, or claims have been transferredor delivered by the committee or itsmembers, pursuant to this section,shall be subject to the same obligationsimposed upon the members of the com-mittee and upon the said joint trust-ees.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59371, Nov. 17, 1977]

§ 905.85 Duration of immunities.

The benefits, privileges, and immuni-ties conferred upon any person by vir-tue of this part shall cease upon its ter-mination, except with respect to actsdone under and during the existence ofthis part.

§ 905.86 Agents.

The Secretary may, by designation inwriting, name any person, includingany officer or employee of the Govern-ment, or name any bureau or divisionin the United States Department of Ag-riculture, to act as his agent or rep-resentative in connection with any ofthe provisions of this part.

§ 905.87 Derogation.

Nothing contained in this part is, orshall be construed to be in derogationor in modification of the rights of theSecretary or of the United States (a) toexercise any powers granted by the actor otherwise, or (b) in accordance withsuch powers, to act in the premiseswhenever such action is deemed advis-able.

§ 905.88 Personal liability.

No member or alternate of the com-mittee nor any employee or agentthereof, shall be held personally re-sponsible, either individually or jointlywith others, in any way whatsoever, toany handler or to any other person forerrors in judgment, mistakes, or otheracts, either of commission or omission,

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Agricultural Marketing Service, USDA § 905.120

as such member, alternate, or em-ployee, except for acts of dishonesty.

[22 FR 10734, Dec. 27, 1957. Redesignated at 26FR 12751, Dec. 30, 1961, and amended at 42 FR59371, Nov. 17, 1977]

§ 905.89 Separability.If any provision of this part is de-

clared invalid, or the applicabilitythereof to any person, circumstance, orthing is held invalid, the validity of theremainder of this part or the applica-bility thereof to any other person, cir-cumstance, or thing shall not be af-fected thereby.

Subpart—Rules and Regulations

SOURCE: 42 FR 59371, Nov. 17, 1977, unlessotherwise noted.

§ 905.105 Tangerine and grapefruitclassifications.

(a) Pursuant to § 905.5(m), the follow-ing classifications of grapefruit are re-named as follows:

(1) Marsh and other seedless grape-fruit, excluding pink grapefruit, are re-named as Marsh and other seedlessgrapefruit, excluding red grapefruit;

(2) Duncan and other seeded grape-fruit, excluding pink grapefruit, are re-named as Duncan and other seededgrapefruit, excluding red grapefruit;

(3) Pink seedless grapefruit is re-named as Red seedless grapefruit;

(4) Pink seeded grapefruit is renamedas Red seeded grapefruit.

(b) Pursuant to § 905.5(m), the term‘‘variety’’ or ‘‘varieties’’ includes Sun-burst tangerines.

[56 FR 49132, Sept. 27, 1991]

§ 905.114 Redistricting of citrus dis-tricts and reapportionment of grow-er members.

Pursuant to § 905.14, the citrus dis-tricts and membership allotted eachdistrict shall be as follows:

(a) Citrus District One shall includethe Counties of Hillsborough, Pinellas,Pasco, Hernando, Citrus, Sumter,Lake, Orange, Seminole, Alachua, Put-nam, St. Johns, Flagler, Marion, Levy,Duval, Nassau, Baker, Union, Bradford,Columbia, Clay, Gilchrist, and Suwan-nee and County Commissioner’s Dis-tricts One, Two, and Three of Volusia

County, and that part of the Countiesof Indian River and Brevard not in-cluded in Regulation Area II. This dis-trict shall have one grower memberand alternate.

(b) Citrus District Two shall includethe Counties of Polk and Osceola. Thisdistrict shall have two grower membersand alternates.

(c) Citrus District Three shall includethe Counties of Manatee, Sarasota,Hardee, Highlands, Okeechobee,Glades, De Soto, Charlotte, Lee,Hendry, Collier, Monroe, Dade,Broward, and that part of the Countiesof Palm Beach and Martin not includedin Regulation Area II. This districtshall have three grower members andalternates.

(d) Citrus District Four shall includethe County of St. Lucie and that partof the Counties of Brevard, IndianRiver, Martin, and Palm Beach de-scribed as lying within RegulationArea II, and County Commissioner’sDistricts Four and Five of VolusiaCounty. This district shall have threegrower members and alternates.

[56 FR 8685, Mar. 1, 1991, as amended at 56 FR24678, May 31, 1991]

§ 905.120 Nomination procedure.Meetings shall be called by the com-

mittee in accordance with the provi-sions of § 905.22, for the purpose of mak-ing nominations for members and al-ternate members of the Citrus Admin-istrative Committee. The manner ofnominating members and alternatemembers of said committee shall be asfollows:

(a) At each such meeting the com-mittee’s representative shall announcethe requirements as to eligibility forvoting for nominees and the procedurefor voting, and shall explain the dutiesof the committee.

(b) A chairman and a secretary ofeach meeting shall be selected.

(c) At each meeting there shall bepresented for nomination and thereshall be nominated not less than thenumber of nominees required under theprovisions of § 905.19, all of whom shallhave the qualifications as specified in§ 905.22.

(d) At the meetings of handlers, anyperson authorized to represent a han-dler may cast a ballot for such handler.

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7 CFR Ch. IX (1–1–98 Edition)§ 905.140

(e) At each meeting each eligible per-son may cast one vote for each of thepersons to be nominated to representthe district or group, as the case maybe.

(f) Voting may be by written ballot.If written ballots are used, all ballotsshall be delivered by the chairman orthe secretary of the meeting to theagent of the Secretary. If ballots arenot used, the committee’s representa-tive shall deliver to the Secretary’sagent a listing of each person nomi-nated and a count of the number ofvotes cast for each nominee for growermember and alternate. Said represent-ative shall also provide the agent theregister of eligible voters present ateach meeting, a listing of each personnominated, the number of votes cast,and the weight by volume of shipmentsvoted for each nominee for shippermember and alternate.

[43 FR 9455, Mar. 8, 1979]

NON-REGULATED FRUIT

§ 905.140 Gift packages.

Any handler may, without regard tothe provisions of §§ 905.52 and 905.53 andthe regulations issued thereunder, shipany varieties for the following purposeand types of shipment:

(a) To any person gift packages con-taining such varieties: Provided, Thatsuch packages are individually ad-dressed to such person, and shipped di-rectly to the addressee for use by suchperson other than for resale; or

(b) to any individual gift package dis-tributor of such varieties to be handledby such distributor: Provided, Thatsuch person is the original purchaserand the gift packages are individuallyaddressed or marked ‘‘not for resale’’.This exemption does not apply to‘‘commercially handled’’ shipments forresale.

[58 FR 65539, Dec. 15, 1993]

§ 905.141 Minimum exemption.

Any shipment of fruit which meetseach of the following requirementsmay be transported from the produc-tion area during any one day by anyperson or by the occupants of one vehi-cle exempt from the requirements of

§§ 905.52 and 905.53 and regulationsissued thereunder:

(a) The shipment does not exceed atotal of 15 standard packed cartons (12bushels) of fruit, either a single fruit ora combination of two or more fruits;

(b) The shipment consists of fruit notfor resale; and

(c) Such exempted quantity is not in-cluded as a part of a shipment exceed-ing 15 standard packed cartons (12bushels) of fruit.

§ 905.142 Animal feed.(a) The handling of citrus for animal

feed shall be exempt from the provi-sions of §§ 905.52 and 905.53 and the regu-lations issued thereunder under the fol-lowing conditions:

(1) The handler notifies the commit-tee each fiscal period, prior to suchhandling of his/her intention to handlesuch fruit, the quantity he/she antici-pates handling and the destinationpoint of each lot of fruit and receivesfrom the committee a special shippingpermit for the shipment;

(2) The fruit is used for animal feedand is not offered for resale, disposedof, or in any way handled so as to enterfresh fruit channels;

(3) The quantity does not exceed 1,0004⁄5 bushel cartons per fiscal period orsuch other quantity as may be speci-fied by the committee;

(4) The fruit is placed in containers ofuniform capacity; and

(5) Each shipment is certified by theFederal-State Inspection Service as tothe quantity shipped.

[46 FR 47056, Sept. 24, 1981]

§ 905.145 Certification of certain ship-ments.

Whenever a regulation pursuant to§ 905.52 restricts the shipment of a por-tion of a specified grade or size of a va-riety, each handler shipping such vari-ety during the regulation period shall,with respect to each such shipment,certify to the U.S. Department of Agri-culture and the committee the quan-tity of the partially restricted grade orsize, or both, contained in such ship-ment. Such certification shall accom-pany the manifest of such shipmentwhich the handler furnishes to the Fed-eral-State Inspection Service.

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Agricultural Marketing Service, USDA § 905.147

§ 905.146 Special purpose shipments.

(a) A Special Purpose Shipper is onewho handles Florida citrus fruit that iscertified by a Florida Department ofAgriculture and Consumer Services li-censed certifying agent as organicallygrown under Florida law. In addition,the shipper shall certify that ship-ments will be limited to outlets han-dling organically grown fruits. Anysuch shipments shall be subject to aCertificate of Privilege issued by thecommittee.

(b) To qualify for a Certificate ofPrivilege, each such shipper must no-tify the committee prior to the firstshipment of certified organicallygrown Florida citrus fruit in the fiscalperiod of the shipper’s intent to shipsuch citrus, submit an application onforms supplied by the committee, andagree to other requirements as setforth in §§ 905.147 and 905.148 inclusive,with respect to such shipments. Theshipper shall certify that no claimswill be made, written or verbal, con-cerning any alleged advantages ofusing, or any alleged superiority of,fruit shipped under a Certificate ofPrivilege, compared to other Floridaproduced citrus.

(c) Citrus meeting all other applica-ble requirements may be handled with-out regard to grade regulations issuedunder § 905.52 under the following con-ditions:

(1) Such fruit meets requirements ofthe U.S. No. 2 Russet grade and thoserequirements of the U.S. No. 1 grade re-lating to shape (form) as such require-ments are set forth in the revised U.S.Standards for grades of Florida Or-anges and Tangelos (7 CFR 2851.1140through 2851.1180), the revised U.S.Standards for Florida Tangerines (7CFR 2851.8180 through 2851.1835), or therevised U.S. Standards for Grades ofFlorida Grapefruit (7 CFR 2851.750through 2851.784). Such fruit meets ap-plicable minimum size requirements ineffect for domestic shipments of citrusfruits.

(2) All such citrus shall be inspectedas required by § 905.53 by the Federal orFederal-state Inspection Service priorto the time such citrus is shipped fromthe packing facility, and certified asmeeting the applicable requirements.

(3) Be reported as required in § 905.148.

[59 FR 26928, May 25, 1994]

§ 905.147 Certificate of privilege.(a) Application. Application for Cer-

tificate of Privilege by a Special Pur-pose Shipper shall be made on formsfurnished by the committee. Each ap-plication may contain, but need not belimited to, the name and address ofeach handler; a list of certified organiccitrus fruit growers, including address-es; a list of receivers; the quantity andvariety of citrus to be shipped; a cer-tification to the Secretary of Agri-culture and to the committee as to thetruthfulness of the information shownthereon; and any other appropriate in-formation or documents deemed nec-essary by the committee or its duly au-thorized agents for the purposes statedin § 905.146.

(b) Approval. The committee or itsduly authorized agents shall giveprompt consideration to each applica-tion for a Certificate of Privilege. Ap-proval of an application based upon adetermination as to whether the infor-mation contained therein and other in-formation available to the committeesupports approval, shall be evidencedby the issuance of a Certificate ofPrivilege to the applicant. Each certifi-cate shall expire at the end of the fiscalperiod.

(c) Suspension or Denial of Certifi-cate of Privilege. The committee mayinvestigate the handling of special pur-pose shipments under Certificates ofPrivilege to determine whether SpecialPurpose Shippers are complying withthe requirements and regulations ap-plicable to such certificates. Wheneverthe committee finds that a SpecialPurpose Shipper or consignee is failingto comply with the requirements andregulations applicable to such certifi-cates, the Certificate of Privilegeissued to such Special Purpose Shippermay be suspended or, in the case of anapplication for the issuance of an ini-tial Certificate of Privilege, may be de-nied. Such suspension of a certificateshall be for a reasonable period of timeas determined by the committee, but inno event shall it extend beyond the endof the current fiscal period. In the caseof the denial of an application for theissuance of an initial certificate, such

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certificate shall be denied until the ap-plicant comes into compliance with therequirements and regulations applica-ble to such certificates. Prior to sus-pending or denying an application for aCertificate of Privilege, the committeeshall give the shipper or applicant rea-sonable advance notice in writing of itsintention and the facts and reasonstherefor, and afford the shipper or ap-plicant an opportunity, either orally orin writing, to present opposing factsand reasons. The shipper or applicantshall be informed of the committee’sdetermination in writing and in a time-ly manner.

[43 FR 9456, Mar. 8, 1978, as amended at 59 FR26929, May 25, 1994]

§ 905.148 Reports of special purposeshipments under certificates ofprivilege.

(a) Each handler of citrus shippingunder Certificates of Privilege shallsupply the committee with reports oneach shipment as requested by thecommittee, on forms supplied by thecommittee, showing the name and ad-dress of the shipper or shippers; nameand address of the certified organicFlorida citrus fruit grower or growerssupplying fruit for such shipment;truck or other conveyance identifica-tion; the loading point; destination,consignee; the inspection certificatenumber; and any other informationdeemed necessary by the committee.

(b) One copy of the report on eachshipment shall be forwarded by theshipper to the committee within 10days after such shipment, and two cop-ies of the report shall accompany eachshipment to the receiver. Upon the re-ceipt of each shipment, the receivershall complete the applicable portionof the form and return one copy to thecommittee within 10 days and one copyshall be retained by the shipper. Suchcompletion shall contain a certifi-cation to the Secretary and the com-mittee that the citrus described shallbe distributed in the outlets described.Failure to complete and return suchforms will be cause to remove that re-ceiver’s name from the committee’slist of eligible receivers.

[43 FR 9456, Mar. 8, 1978, as amended at 59 FR26929, May 25, 1994]

§ 905.150 Eligibility requirements forpublic member and alternate mem-ber.

(a) The public member shall be nei-ther a producer nor a handler of Flor-ida citrus fruit and shall have no directfinancial interest in the production ormarketing of citrus fruit (except as aconsumer of agricultural products).

(b) The public member should be ableto devote sufficient time and express awillingness to attend Committee ac-tivities regularly and become familiarwith the background and economics ofthe industry.

(c) The public member must be aresident of the production area.

(d) The public member should benominated by the Citrus Administra-tive Committee and should serve a 1-year term which coincides with theterm of office of producer and handlermembers of the Committee.

[43 FR 32397, July 27, 1978]

§ 905.152 Procedure for determininghandlers’ permitted quantities ofRobinson, Dancy and similar tan-gerine varieties when a portion ofthe 210 size of such varieties is re-stricted.

(a) For the purposes of this sectionthe prior period specified in § 905.52 ishereby established as a average weekwithin the immediately precedingthree seasons, together with the cur-rent season. When used in the regula-tion of Dancy tangerines the term sea-son means the twenty weeks beginningwith the first full week in October, andthe term current season means theelapsed weeks beginning with the firstfull week in October of the current fis-cal period through the most recentweek that certified shipping recordsare available for all shippers. Whenused in the regulation of Robinson va-riety tangerines, the term seasonmeans the fifteen weeks beginning withthe first full week in September, andthe term current season means theelapsed weeks beginning with the firstfull week in September of the currentfiscal period through the most recentweek that certified shipping recordsare available for all shippers.

(b) When a size limitation restrictsthe shipment of a portion of the 210

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Agricultural Marketing Service, USDA § 905.153

size Dancy or Robinson tangerines dur-ing a particular week as provided in§ 905.52, the committee shall computethe quantity of the 210 size of such va-riety that may be shipped by each han-dler by multiplying the handler’s vol-ume of shipments of such variety inthe applicable prior period by the per-centage established by regulation forsuch variety for that week.

(c) The committee shall notify eachhandler of the quantity of 210 sizeDancy or Robinson tangerines suchhandler may handle during the particu-lar week.

(d) Any handler may transfer any orall of his or her shipping allowance of210 size Dancy or Robinson tangerinesto another handler. Each handler partyto such transfer shall promptly notifythe committee so the proper adjust-ment of records may be made. Thecommittee shall confirm all suchtransfers immediately after completionthereof by memorandum to the han-dlers involved.

[46 FR 47057, Sept. 24, 1981]

§ 905.153 Procedure for determininghandlers’ permitted quantities ofred seedless grapefruit when a por-tion of sizes 48 and 56 of such vari-ety is restricted.

(a) For the purposes of this section,the prior period specified in § 905.52 ishereby established as an average weekwithin the immediately preceding fiveseasons. Each handler’s average weekshall be computed by adding the totalvolume of red seedless grapefruit han-dled in the immediately preceding fiveseasons and dividing the total by 165.The average week for handlers withless than five previous seasons of ship-ments shall be calculated by adding thetotal volume of shipments for the sea-sons they did ship red seedless grape-fruit, divide by the number of seasons,divide further by 33. New handlers withno record of shipments could ship size48 and 56 red seedless grapefruit as apercentage of total shipments equal tothe percentage applied to other han-dlers’ average week; once such handlershave recorded shipments, their averageweek shall be calculated as an averageof total shipments for the weeks theyhave shipped red seedless grapefruitduring the current season. When used

in the regulation of red seedless grape-fruit, the term season means the weeksbeginning the third Monday in Septem-ber and ending the first Sunday in thefollowing May. The term regulation pe-riod means the 11 week period begin-ning the third Monday in September ofthe current season.

(b) When a size limitation restrictsthe shipment of a portion of sizes 48and 56 red seedless grapefruit during aparticular week as provided in § 905.52,the committee shall compute the quan-tity of sizes 48 and 56 red seedlessgrapefruit that may be shipped by eachhandler by multiplying the handler’scalculated average week shipments ofsuch grapefruit by the percentage es-tablished by regulation for red seedlessgrapefruit for that week. Such set per-centage may vary from week to weekbut shall not be less than 25 percent inany week.

(c) The committee shall notify eachhandler of the quantity of size 48 and 56red seedless grapefruit such handlermay handle during a particular week.

(d) During any regulation week forwhich the Secretary has fixed the per-centage of sizes 48 and 56 red seedlessgrapefruit, any person who has re-ceived an allotment may handle, in ad-dition to their total allotment avail-able, an amount of size 48 and 56 redseedless grapefruit up to 10 percentgreater than their allotment. Thequantity of the overshipment shall bededucted from the handler’s allotmentfor the following week. Overshipmentswill not be allowed during week 11. Ifthe handler fails to use his or her en-tire allotment, the under shipment isnot carried forward to the followingweek.

(e) Any handler may transfer or loanany or all of their shipping allotment(excluding the overshipment allow-ance) of size 48 and 56 red seedlessgrapefruit to any other handler. Eachhandler party to such transfer or loanshall promptly notify the committee sothe proper adjustment of records maybe made. In each case, the committeeshall confirm in writing all such trans-actions, prior to the following week, tothe handlers involved. The committeemay act on behalf of handlers wanting

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7 CFR Ch. IX (1–1–98 Edition)§ 905.161

to arrange allotment loans or partici-pate in the transfer of allotments.

[61 FR 69015, Dec. 31, 1996, as amended at 62FR 52011, Oct. 6, 1997]

§ 905.161 Repacking shipper.

(a) A repacking shipper is a personwho repacks and ships citrus fruitgrown in the production area in Flor-ida which has been previously in-spected and certified as meeting the re-quirements specified under § 905.52 ofthe order, and who has obtained a cur-rently valid repacking certificate ofprivilege issued to him or her by thecommittee as specified in § 905.162.

(b) Each repacking shipper, to qualifyfor a repacking certificate of privilege,must notify the committee 10 daysprior to his or her first shipment of re-packed citrus fruit during a particularfiscal period of his or her intent to shipsuch citrus fruit, submit an Applica-tion for a Repacking Certificate ofPrivilege form supplied by the commit-tee, and agree to other requirements asset forth in §§ 905.162 and 905.163 inclu-sive, with respect to such shipments.The repacking shipper shall certifythat he or she will only handle pre-viously inspected and certified citrusfruit.

(c) Any repacking shipper who han-dles citrus fruit shipped under a re-packing certificate of privilege must,other order provisions not withstand-ing, meet the following requirements:

(1) All such citrus fruit must be posi-tive lot identified by the Federal orFederal/State Inspection Service andcertified as meeting the applicable re-quirements for citrus fruit shipped tothe domestic market (fruit shippedfrom the production area to any pointoutside thereof in the 48 contiguousStates and the District of Columbia ofthe United States), prior to being re-packed and shipped by the repackingshipper. Each such citrus fruit ship-ment shall be accompanied by a Fed-eral-State manifest that certifies thegrade and amount of each load of citrusfruit received, which shall be retainedby the repacking shipper.

(2) Be reported as required in § 905.163.(3) The repacking facility used to re-

pack previously inspected and certifiedcitrus fruit by the repacking shipper

shall not have operable equipment towash, brush, wax, or dry citrus fruit.

(4) All citrus fruit handled by a re-packing shipper shall be packed in ap-proved Florida Department of Citrusfruit containers.

(5) Each container shipped with suchcitrus fruit shall be marked with therepacking shipper’s repacking certifi-cate of privilege number.

[59 FR 48782, Sept. 23, 1994]

§ 905.162 Repacking certificate ofprivilege.

(a) Application. Application for a re-packing certificate of privilege by a re-packing shipper shall be made on anApplication for a Repacking Certificateof Privilege form supplied by the com-mittee. Each such application shallcontain, but need not be limited to, thename, address and Florida citrus fruitdealer license number of the applicant;approximate number of boxes to behandled during the season; the varioustypes of containers to be used to shipthe repacked citrus fruit; a certifi-cation to the Secretary of Agricultureand to the committee as to the truth-fulness of the information shown there-on; and any other appropriate informa-tion or documents deemed necessary bythe committee or duly authorizedagents for the purposes stated in§ 905.161.

(b) Approval. The committee or itsduly authorized agents shall giveprompt consideration to each applica-tion for a repacking certificate ofprivilege. Approval of an applicationbased upon a determination as towhether the information containedtherein and other information avail-able to the committee supports ap-proval, shall be evidenced by theissuance of a repacking certificate ofprivilege to the applicant. Each suchcertificate shall expire at the end ofthe fiscal period.

(c) Suspension or denial of certificate ofprivilege. The committee may inves-tigate the handling of repacked freshcitrus fruit shipments under certifi-cates of privilege to determine whetherrepacking shippers are complying withthe requirements and regulations ap-plicable to such certificates. Wheneverthe committee finds that a repackingshipper is failing to comply with the

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requirements and regulations applica-ble to such certificates, the certificateof privilege issued to such repackingshipper may be suspended or, in thecase of an application for the issuanceof an initial certificate of privilege,may be denied. Such suspension of acertificate shall be for a reasonable pe-riod of time as determined by the com-mittee, but in no event shall it extendbeyond the end of the then current fis-cal period. In the case of the denial ofan application for the issuance of aninitial certificate, such certificateshall be denied until the applicantcomes into compliance with the re-quirements and regulations applicableto such certificates. Prior to suspend-ing or denying an application for a cer-tificate of privilege, the committeeshall give the shipper or applicant anopportunity, either orally or in writ-ing, to present opposing facts and rea-sons. The shipper or applicant shall beinformed of the committee’s deter-mination in writing and in a timelymanner.

[59 FR 48783, Sept. 23, 1994]

§ 905.163 Reports of shipments underrepacking certificate of privilege.

(a) Each repacking shipper who han-dles citrus fruit under a repacking cer-tificate of privilege shall supply thecommittee with reports on each ship-ment as requested by the committee,on a Report of Shipments Under Cer-tificate of Privilege form supplied bythe committee, showing the name andaddress of the repacking shipper; nameand address of the handler supplyingthe inspected and certified citrus fruitfor such shipment; number of packages;size and containers; brand; grade; cer-tificate number; and any other infor-mation deemed necessary by the com-mittee. Each repacking shipper of cit-rus fruit shall maintain on file a copy

of the Federal-State manifest that cer-tifies the grade and amount of eachload of citrus fruit received. Thesemanifests shall be readily available tothe committee upon request.

(b) One copy of the Report of Ship-ments Under Certificate of Privilegeform on each shipment shall be for-warded to the committee promptly,one copy of such form shall be retainedby the repacking shipper, and one copyof such form shall accompany the ship-ment. Failure to complete and returnsuch form shall be cause for suspensionof the repacking shippers repackingcertificate of privilege.

[59 FR 48783, Sept. 23, 1994]

Subpart—Assessment Rates

§ 905.235 Assessment rate.

On and after August 1, 1996, an as-sessment rate of $0.0035 per 4⁄5 bushelcarton is established for assessable forFlorida citrus covered under the order.

[61 FR 38355, July 24, 1996]

Subpart—Grade and SizeRequirements

§ 905.306 Orange, Grapefruit, Tan-gerine and Tangelo Regulation.

(a) Except as otherwise provided in§ 905.601, during the period specified incolumn (2) of table I, no handler shallship between the production area andany point outside thereof, in the 48contiguous States and the District ofColumbia of the United States, any va-riety of fruit listed in column (1) ofsuch table unless such variety meetsthe applicable minimum grade and size(with tolerances for size as specified inparagraph (c) of this section) specifiedfor such variety in columns (3) and (4)of such table.

TABLE I

Variety Regulation period Minimum gradeMinimum di-

ameter(inches)

(1) (2) (3) (4)ORANGES

Early and midseason ........................ 01/29/90–08/19/90 ........................... U.S. No. 1 Golden ........................... 24⁄16

....................................................... On and after 08/20/90 ..................... U.S. No. 1 ........................................ 28⁄16

Navel ................................................. On and after 12/7/81 ....................... U.S. No. 1 Golden ........................... 28⁄16

Temple .............................................. On and after 12/7/81 ....................... U.S. No. 1 ........................................ 28⁄16

Valencia and other late type ............. 05/06/91–09/22/91 ........................... U.S. No. 1 Golden ........................... 24⁄16

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TABLE I—Continued

Variety Regulation period Minimum gradeMinimum di-

ameter(inches)

(1) (2) (3) (4)....................................................... On and after 09/23/91 ..................... U.S. No. 1 ........................................ 28⁄16

GRAPEFRUITSeeded, except red ........................... On and after 9/01/94 ....................... U.S. No. 1 ........................................ 3–12/16Seeded, red ...................................... On and after 9/01/94 ....................... U.S. No. 1 ........................................ 3–12/16Seedless, red .................................... 11/13/95–11/10/96 ........................... U.S. No. 1 ........................................ 3–5/16

11/11/96–11/9/97 ............................. U.S. No. 1 ........................................ 3–5/16On and after 11/10/97 ..................... U.S. No. 1 ........................................ 3–9/16

Seedless, except red ........................ On and after 9/01/94 ....................... U.S. No. 1 ........................................ 3–9/16TANGERINES

Dancy ................................................ On and after 10/11/91 ..................... U.S. No. 1 ........................................ 2–4⁄16

Honey ................................................ March 23, 1992–08/23/92 ............... Florida No. 1 Golden ....................... 26⁄16

....................................................... On and after 8/24/92 ....................... Florida No. 1 .................................... 26⁄16

Robinson ........................................... On and after 12/7/81 ....................... U.S. No. 1 ........................................ 24⁄16

Sunburst ............................................ On and after September 27, 1991 .. U.S. No. 1 ........................................ 24⁄16

TANGELOSTangelos ........................................... On and After 12/7/81 ....................... U.S. No. 1 ........................................ 28⁄16

(b) Except as otherwise provided in§ 905.601, during the period specified incolumn (2) of table II, no handler shallship to any destination outside the 48contiguous States and the District ofColumbia of the United States any va-riety of fruit listed in column (1) of

such table unless such variety meetsthe applicable minimum grade and size(with tolerances for size as specified inparagraph (c) of this section) specifiedfor such variety in columns (3) and (4)of such table.

TABLE II

Variety Regulation period Minimum gradeMinimum di-

ameter(inches)

(1) (2) (3) (4)ORANGES

Early and midseason ........................ 01/29/90–08/19/90 ........................... U.S. No. 1 Golden ........................... 24⁄16

....................................................... On and after 08/20/90 ..................... U.S. No. 1 ........................................ 28⁄16

Navel ................................................. On and after 11/24/89 ..................... U.S. No. 1 Golden ........................... 28⁄16

Temple .............................................. On and after 11/24/89 ..................... U.S. No. 1 ........................................ 28⁄16

Valencia and other late type: ............ March 23, 1992–9/27/92 ................. U.S. No. 1 ........................................ 24⁄16

....................................................... On and after 9/28/92 ....................... U.S. No. 1 ........................................ 28⁄16

GRAPEFRUITSeeded, except red ........................... On and after 09/01/94 ..................... U.S. No. 1 ........................................ 39⁄16

Seeded, red ...................................... On and after 09/01/94 ..................... U.S. No. 1 ........................................ 39⁄16

Seedless, except red ........................ On and after 09/01/94 ..................... U.S. No. 1 ........................................ 35⁄16

Seedless, red .................................... On and after 09/01/94 ..................... U.S. No. 1 ........................................ 35⁄16

TANGERINESDancy ................................................ On and after 12/7/81 ....................... U.S. No. 1 ........................................ 22⁄16

Honey ................................................ March 23, 1992–08/23/92 ............... Florida No. 1 Golden ....................... 26⁄16

....................................................... On and after 08/24/92 ..................... Florida No. 1 .................................... 26⁄16

Robinson ........................................... On and after 11/24/89 ..................... U.S. No. 1 ........................................ 24⁄16

Sunburst ............................................ On and after September 27, 1991 .. U.S. No. 1 ........................................ 24⁄16

TANGELOSTangelos ........................................... On and After 11/24/89 ..................... U.S. No. 1 ........................................ 28⁄16

1 Florida No. 1 Golden grade for Honey tangerines means the same as provided in Rule No. 20–35.03 of the Regulation of theFlorida Department of Citrus.

(c) Size tolerances. In the determina-tion of minimum size as prescribed intables I and II, the following tolerancesare permitted (1) for oranges, as setforth in § 2851.1152 of the U.S. Standardsfor Grades of Florida Oranges and Tan-

gelos, except that such tolerances forother than navel and Temple orangesshall be based only on the oranges inthe lot measuring 214⁄16 inches or small-er in diameter, and the tolerance forHoney tangerines shall be as specified

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Agricultural Marketing Service, USDA Pt. 906

in § 2851.1818 of the U.S. Standards forGrades of Florida Tangerines; (2) forgrapefruit, as specified in § 2851.761 ofthe U.S. Standards for Grades of Flor-ida Grapefruit; (3) for tangerines, asspecified in § 2851.1818 of the U.S.Standards for Grades of Florida Tan-gerines; and (4) for tangelos, as set forthin § 2851.1152 of the U.S. Standards forGrades of Florida Oranges and Tan-gelos.

(d) Terms used in the marketingorder, including Improved No. 2 gradefor grapefruit, when used herein, meanthe same as is given to the terms in theorder; Florida No. 1 grade for Honeytangerines means the same as providedin Rule No. 20–35.03 of the Regulationsof the Florida Department of Citrus,and terms relating to grade, except Im-proved No. 2 grade for grapefruit, anddiameter shall mean the same as isgiven to the terms in the U.S. Stand-ards for Grades of Florida Oranges andTangelos (7 CFR 2851.1140–2851.1180), theU.S. Standards for Grades of FloridaTangerines (7 CFR 2851.1810–2851.1835),or the U.S. Standards for Grades ofFlorida Grapefruit (7 CFR 2851.750–2851.784).

[46 FR 60171, Dec. 8, 1981]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 905.306, see the List of CFRSections Affected in the Finding Aids sec-tion of this volume.

EDITORIAL NOTE: After January 1, 1979,‘‘Budget of Expenses and Rate of Assess-ment’’ regulations (e.g. sections .200 through.299) and ‘‘Handling’’ regulations (e.g. sec-tions .300 through .399) which are in effect fora year or less, will not be carried in the Codeof Federal Regulations. For FEDERAL REG-ISTER citations affecting these regulations,see the ‘‘List of CFR Sections Affected’’ inthis volume.

Subpart—Interpretative Rule

§ 905.400 Interpretation of certain pro-visions.

(a) In interpreting the provisions ofparagraph (d) of § 905.52, the limitationon shipment of any variety of fruit reg-ulated pursuant to paragraph (a)(3) ofthat section, which was prepared formarket during the effective period ofsuch regulation, shall not be deemed toapply to shipment of such varietywhich was prepared for market inciden-

tally as part of a lot packed for exportand shipped following the period of reg-ulation.

(b) Prior to shipment of any varietyof fruit so prepared, the handler shallprovide the Citrus AdministrativeCommittee or its designated agent acopy of the shipping manifest applica-ble to such shipment with a notationthereon that the fruit was packed inci-dentally as part of a lot packed for ex-port.

[54 FR 46597, Nov. 6, 1989]

PART 906—ORANGES AND GRAPE-FRUIT GROWN IN LOWER RIOGRANDE VALLEY IN TEXAS

Subpart—Order Regulating Handling

DEFINITIONS

Sec.906.1 Secretary.906.2 Act.906.3 Person.906.4 Production area.906.5 Fruit.906.6 Handler.906.7 Handle.906.8 Producer.906.9 Grade and size.906.10 Pack.906.11 Maturity.906.12 Container.906.13 Variety or varieties.906.14 Committee.906.15 Fiscal period.906.16 District.

COMMITTEE

906.18 Establishment and membership.906.19 Term of office.906.20 Districts.906.21 Redistricting.906.22 Selection.906.23 Nominations.906.24 Failure to nominate.906.25 Acceptance.906.26 Vacancies.906.27 Alternate members.906.28 Procedure.906.29 Expenses and compensation.906.30 Powers.906.31 Duties.

EXPENSES AND ASSESSMENTS

906.32 Expenses.906.33 Budget.906.34 Assessments.906.35 Accounting.

RESEARCH AND DEVELOPMENT

906.37 Research and development.

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