[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Rules and Regulations]
[Page 41816-41817]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-4]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Docket No. FV01-981-610 REVIEW]
California Almond Marketing Order; Section 610 Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
-----------------------------------------------------------------------
SUMMARY: This action summarizes the results of an Agricultural
Marketing Service (AMS) review of Marketing Order 981, which regulates
the handling of almonds grown in California, under the criteria
contained in section 610 of the Regulatory Flexibility Act (RFA). Based
upon its review, AMS has
[[Page 41817]]
determined that the marketing order should be continued without change.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to the Docket Clerk, Fruit and Vegetable
Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237,
Washington, DC 20250-0237; Fax: (202) 720-8938; or E-mail:
moab.docketclerk@usda.gov.
FOR FURTHER INFORMATION CONTACT: Martin Engeler, California Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 2202 Monterey Street, Suite 102B,
Fresno, California 93721; telephone (209) 487-5901; Fax: (202) 487-
5906; E-mail: Martin.Engeler@usda.gov; or George Kelhart, Technical
Advisor, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237,
Washington, DC 20250-0237, telephone: (202) 720-2491; Fax: (202) 720-
8938; E-mail: George.Kelhart@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order No. 981, as amended (7 CFR
Part 981), regulates the handling of almonds grown in California. The
marketing order is authorized under the Agricultural Marketing
Agreement Act of 1937 (Act), as amended (7 U.S.C. 601-674).
Marketing Order 981, originally established in 1950, authorizes
research and promotion activities, quality control, volume control,
mandatory inspection, and reporting requirements. The marketing order
establishes the Almond Board of California (Board), consisting of five
producers and five handlers and their respective alternates. Currently,
four of the members represent cooperative marketing associations and
six represent independents (those not affiliated with a cooperative).
Eight of the members and alternates serve staggered, three-year terms
of office. Two members (one grower and one handler) serve one-year
terms. These two positions are represented by the group (cooperative or
independent) that accounted for over fifty percent of the production in
the preceding year. Independent producer members are nominated by
independent producers, and independent handlers members are nominated
by independent handlers through a mail balloting process. Cooperative
representatives are nominated by the cooperative marketing
organizations. The California almond industry currently consists of
approximately 7,000 producers and 110 handlers.
AMS published in the Federal Register (63 FR 8014; February 18,
1999), its plan to review certain regulations, including Marketing
Order No. 981, under criteria contained in section 610 of the
Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612). An updated plan was
published in the Federal Register on January 4, 2002 (67 FR 525). AMS
published a notice of review and request for written comments on the
California almond marketing order in the June 13, 2001, issue of the
Federal Register (66 FR 31850). During the comment period, two written
comments in support of the marketing order were received. The comments
were received from the Board and an almond handler.
The AMS review was undertaken to determine whether the California
almond marketing order should be continued without change, amended, or
rescinded to minimize the impacts on small entities. In conducting this
review, AMS considered the following factors: (1) The continued need
for the marketing order; (2) the nature of complaints or comments
received from the public concerning the marketing order; (3) the
complexity of the marketing order; (4) the extent to which the
marketing order overlaps, duplicates, or conflicts with other Federal
rules, and, to the extent feasible, with State and local governmental
rules; and (5) the length of time since the marketing order has been
evaluated or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the marketing order.
In its written comment, the Board addresses the various activities
and programs administered under the order, describes benefits of the
activities, and expresses support for the programs. It also summarizes
the evolution of the order from its inception in 1950 to the present
day.
The handler comment also expresses support for the order. It notes
that the order provides a valuable product to consumers, increases the
consumption of almonds, and facilitates the orderly marketing of
almonds in the marketplace. The comment also notes that the order
accomplishes these things without duplicating the efforts of individual
handlers or engaging in activities that affect the competitive
advantage of handlers in the marketplace.
The marketing order was established to help the California almond
industry work with AMS to solve marketing problems that were
characterized by abundant supplies and relatively low producer returns.
These problems continue today and the industry needs the marketing
tools available under the marketing order in overcoming these problems.
The industry has undergone dramatic growth in production since the
marketing order's inception. Production has increased almost 1,000
percent since the order's inception and nearly 500 percent since 1972.
The marketing order has been used effectively in expanding markets and
in finding new uses for almonds to absorb the increasing production.
Based on its review, AMS has determined that the marketing order
should be continued without change.
Neither AMS nor the Board has received any complaints regarding
Marketing Order 981 or the rules and regulations issued thereunder. In
1998, USDA conducted a continuance referendum and the marketing order
was supported by nearly 90 percent of the producers who voted in the
referendum. The marketing order is not unduly complex, and AMS has not
identified any relevant Federal rules, or State and local regulations
that duplicate, overlap, or conflict with the California almond
marketing order.
AMS provides Federal oversight of the order and, along with the
Board, monitors marketing operations on a continuing basis. AMS works
with the Board to ensure that the regulations issued and production and
market activities undertaken address current market and industry
conditions, and that the regulations and administrative procedures
implemented are appropriate for current practices within the industry.
The producers and handlers of California almonds support the activities
that help ensure the marketing of a high quality product in expanding
markets, and believe that this order has been effectively used for
these purposes.
AMS will continue to work with the California almond industry in
maintaining an effective marketing order program.
Dated: June 14, 2002.
Kenneth C. Clayton,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 02-15509 Filed 6-19-02; 8:45 am]
BILLING CODE 3410-02-P