[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Proposed Rules]
[Page 73945-73946]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de05-20]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Docket No. FV-05-710]
Mushroom Promotion, Research, and Consumer Information Order;
Section 610 Review
AGENCY: Agricultural Marketing Service.
ACTION: Notice of regulatory review and request for comments.
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SUMMARY: This document announces the Agricultural Marketing Service's
(AMS) review of the Mushroom Promotion,
[[Page 73946]]
Research, and Consumer Information Order (conducted under the Mushroom
Promotion, Research, and Consumer Information Act), under the criteria
contained in Section 610 of the Regulatory Flexibility Act (RFA).
DATES: Written comments on this document must be received by February
13, 2006.
ADDRESSES: Interested persons are invited to submit written comments
concerning this notice of review to the Docket Clerk, Research and
Promotion Branch, Fruit and Vegetable Programs (FV), Agricultural
Marketing Service (AMS), USDA, Stop 0244, Room 2535-S, 1400
Independence Avenue, SW., Washington, DC 20250-0244. Comments should be
submitted in triplicate and will be made available for public
inspection at the above address during regular business hours. Comments
may also be submitted electronically to: Deborah.simmons@usda.gov or
Internet: http://www.regulations.gov. All comments should reference the
docket number and the date and page number of this issue of the Federal
Register. A copy of this notice may be found at: http://www.ams.usda.gov/fv/rpdocketlist.htm
.
FOR FURTHER INFORMATION CONTACT: Debbie Simmons, Research and Promotion
Branch, FV, AMS, USDA, Stop 0244, 1400 Independence Avenue, SW., Room
2535-S, Washington, DC 20250-0244; telephone: (888) 720-9915 fax: (202)
205-2800; or e-mail: Deborah.simmons@usda.gov.
SUPPLEMENTARY INFORMATION: The Mushroom Promotion, Research, and
Consumer Information Act of 1990, (7 U.S.C. 6101 et seq.) authorized
the Mushroom Promotion, Research, and Consumer Information Program
which is industry operated and funded, with oversight by USDA. The
program's objective is to carry out an effective, continuous, and
coordinated program of promotion, research, consumer information, and
industry information designed to strengthen the mushroom industry's
position in the marketplace, maintain and expand existing markets and
uses for mushrooms, develop new markets and uses for mushrooms, and to
carry out programs, plans, and projects designed to provide maximum
benefits to the mushroom industry.
The program became effective on January 8, 1993, when the Mushroom
Promotion, Research, and Consumer Information Order (7 CFR part 1209)
was issued. Assessments began in 1993 at the rate of 0.0025 cents per
pound and have fluctuated from 0.0010 to 0.0045 cents per pound. The
current rate is 0.0024 cents per pound.
Assessments under this program are used to fund retail category
management, research concerning nutritional attributes of mushrooms,
foodservice training, and industry information and to enable it to
exercise its duties in accordance with the Order.
The program is administered by the Mushroom Council (Council) which
is composed of producers and may include importers, appointed by the
Secretary of Agriculture from nominations submitted by eligible
producers or importers. Producer membership on the Board is based upon
mushroom production within each of four predestinated geographic
regions within the U.S. and a fifth region representing importers, when
imports, on average, equal or exceed 35,000,000 pounds of mushrooms
annually. All members serve terms of three years.
AMS published in the Federal Register (63 FR 8014; February 18,
1999) its plan to review certain regulations, including the Mushroom
Promotion, Research, and Consumer Information Order, (conducted under
the Mushroom Promotion, Research, and Consumer Information Act), under
criteria contained in Section 610 of the Regulatory Flexibility Act
(RFA; 5 U.S.C. 601-612). The plan was updated in the Federal Register
on August 14, 2003 (68 FR 48574). Because many AMS regulations impact
small entities, AMS decided, as a matter of policy, to review certain
regulations which, although they may not meet the threshold requirement
under section 610 of the RFA, warrant review. Accordingly, this notice
and request for comments is made for the Mushroom Promotion, Research,
and Consumer Information Order.
The purpose of the review is to determine whether the Mushroom
Promotion, Research, and Consumer Information Order should be continued
without change, amended, or rescinded (consistent with the objectives
of the Mushroom Promotion, Research, and Consumer Information Act of
1990) to minimize the impacts on small entities. AMS will consider the
continued need for the Order; the nature of complaints or comments
received from the public concerning the Order; the complexity of the
Order; the extent to which the Order overlaps, duplicates, or conflicts
with other Federal rules, and, to the extent feasible, with State and
local regulations; and the length of time since the Order has been
evaluated or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the Order.
Written comments, views, opinions, and other information regarding
the Order's impact on small businesses are invited.
Dated: December 8, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E5-7336 Filed 12-13-05; 8:45 am]
BILLING CODE 3410-02-P