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CHAPTER X-CONSUMER AND MARKETING SERVICE
(Marketing Agreements and Orders; Milk)
7 CFR, Part 900, the general regulations with respect to marketing agreements and orders, are herein set forth for convenience of users of this volume. PART 900–GENERAL REGULATIONS Subpart-Procedure Governing Meetings To Arbi
trate and Mediate Disputes Relating to Sales Subpart-Rules of Practice and Procedure Gov
of Milk or Its Products erning Proceedings To Formulate Marketing Agreements and Marketing Orders
900.100 Words in the singular form. Sec.
900.101 Definitions. 900.1 Words in the singular form.
900.102 Filing of applications for mediation 900.2 Definitions.
or arbitration. 900.3 Proposals.
900.103 Application for mediation. 900.4 Institution of proceeding.
900.104 Inquiry by the Administrator. 900.5 Docket number.
900.105 Notification. 900.6 Presiding officers.
900.106 Assignment of mediator. 900.7 Motions and requests.
900.107 Meetings. 900.8 Conduct of the hearing.
900.108 Mediator's report. 900.9 Oral and written arguments.
900.109 Mediation agreement. 900.10 Certification of the transcript.
900.110 Application for arbitration. 900.11 Copies of the transcript.
900.111 Inquiry by the Administrator. 900.12 Administrator's recommended deci
900.112 Notification. sion.
900.113 Submission. 900.13 Submission to Secretary.
900.114 Designation of arbitrator. 900.13a Decision by Secretary.
900.115 Hearing. 900.14 Execution of marketing agreement 900.116 Award. and issuance of marketing order.
900.117 Approval of award. 900.15 Filing; extensions of time; effective
Subpart-Miscellaneous Regulations 900.16 Discussion of issues, etc., of proceed
900.200 Definitions. ing prohibited.
900.201 Investigation and disposition of 900.17 Additional documents to be filed
alleged violations. with hearing clerk.
900.210 Disclosures of information. 900.18 Hearing before Secretary.
900.211 Penalties. Subpart-Rules of Practice Governing Proceedings
Subpart - Procedure for Conduct of Referenda to on Petitions To Modify or To Be Exempted
Determine Producer Approval of Milk MarketFrom Marketing Orders
ing Orders To Be Made Effective Pursuant to 900.50 Words in the singular form.
Agricultural Marketing Agreement Act of 1937, 900.51 Definitions.
as Amended 900.52 Institution of proceeding.
900.300 General. 900.52a Answer to petition.
900.301 Definitions. 900.52b Amended pleadings. 900.53 Withdrawal of petition.
900.302 Associations eligible to vote.
900.303 Conduct of referendum. 900.54 Docket number.
900.304 Who may vote. 900.55 Presiding officers.
900.305 Duties of referendum agent. 900.56 Consolidated hearings.
900.306 Notice of the referendum. 900.57 Intervention.
900.307 Time for voting. 900.58 Prehearing conferences.
900.308 Tabulation of ballots. 900.59 Motions and requests.
900.309 Confidential information. 900.60 Oral hearings before presiding officer.
900.310 Supplementary instructions. 900.61 Depositions.
900.311 Submittals or requests. 900.62 Subpenas. 900.63 Fees and mileage.
Subpart - Procedure for Determining the Quali900.64 The presiding officer's report.
fication of Cooperative Milk Marketing Asso900.65 Transmittal of record.
ciations 900.66 Argument before Secretary. 900.67 Consideration and issuance of order. 900.350 General statement. 900.68 Applications for reopening hearings; 900.351 Applications for qualification. for rehearings or rearguments of
900.352 Confidential information. proceedings; or for reconsideration 900.353 Qualification standards. of orders.
900.354 Inspection and investigation. 900.69 Filing; service; extensions of time; 900.355 Annual reporting.
effective date of filing; and com- 900.356 Listing of qualified associations. putation of time.
900.357 Denial of application; suspension or 900.70 Applications for interim relief.
revocation of determination of 900.71 Hearing before Secretary.
Subpart— Procedure for the Conduct of Referenda
in Connection with Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937,
as Amended Sec. 900.400 General. 900.401 Definitions. 900.402 Voting. 900.403 Instructions. 900.404 Subagents. 900.405 Ballots. 900.406 Referendum report. 900.407 Confidential information.
Subpart - Public Information AVAILABILITY OF PROGRAM INFORMATION, STAFF
MANUALS AND INSTRUCTIONS, AND RELATED
MATERIAL 900.500 Sources of program information. 900.501 Availability of program information. 900.502 Staff manuals and instructions. 900.503 Index. 900.504 Facilities for inspection; copies.
DISCLOSURE OF IDENTIFIABLE RECORDS 900.510 Requests. 900.511 Delegation of authority. 900.512 Available records. 900.513 Exempt records. 900.514 Determinations. 900.515 Appeals. 900.516 Inspection and copies.
SOURCE: The provisions of this part 900 appear at 25 F.R. 5907, June 28, 1960, unless otherwise noted. Subpart-Rules of Practice and Procedure Gov
erning Proceedings To Formulate Marketing Agreements and Marketing Orders
AUTHORITY: $ $ 900.1 to 900.18 issued under sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610. $ 900.1 Words in the singular form.
Words in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. $ 900.2 Definitions.
As used in this subpart, the terms as defined in the act shall apply with equal force and effect. In addition, unless the context otherwise requires:
(a) The term "act” means Public Act No. 10, 73d Congress (48 Stat. 31), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 (50 Stat. 246), as amended.
(b) The term "Department” means the United States Department of Agriculture,
(c) The term "Secretary” means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.
(d) The term "examiner" means any examiner in the Office of Hearing Examiners, United States Department of Agriculture.
(e) The term “Administrator" means the Administrator of the Consumer and Marketing Service, with power to redelegate, or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act in his stead.
(g) The term "FEDERAL REGISTER means the publication provided for by the act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto and amendatory thereof.
(h) The term "hearing” means that part of the proceeding which involves the submission of evidence.
(i) The term "marketing agreement” means any marketing agreement or any amendment thereto which may be entered into pursuant to section 8b of the act.
(j) The term "marketing order" means any order or any amendment thereto which may be issued pursuant to section 8c of the act, and after notice and hearing as required by said section.
(k) The term "proceeding" means a proceeding upon the basis of which a marketing agreement may be entered into or a marketing order may be issued.
(1) The term “hearing clerk” means the hearing clerk, United States Department of Agriculture, Washington, D.C.
(m) The term "presiding officer” means the examiner conducting a proceeding under the act. [25 F.R. 5907, June 28, 1960, as amended at 26 F.R. 7796, Aug. 22, 1961, 28 F.R, 579, Jan. 23, 1963) $ 900.3 Proposals.
(a) A marketing agreement or a marketing order may be proposed by the Secretary or by any other person. If any person other than the Secretary proposes a marketing agreement or marketing order, he shall file with the Administrator a written application, together with at least four copies of the proposal, requesting the Secretary to hold a hearing upon the proposal. Upon receipt of such proposal, the Administrator shall cause such investigation to be made and such consideration thereof to be given as, in his opinion, are warranted. If the investigation and consideration lead the Administrator to conclude that the proposed marketing agreement or marketing order will not tend to effectuate the declared policy of the act, or that for other proper reasons a hearing should not be held on the proposal, he shall deny the application, and promptly notify the applicant of such denial, which notice shall be accompanied by a brief statement of the grounds for the denial.
(b) If the investigation and consideration lead the Administrator to conclude that the proposed marketing agreement or marketing order will tend to effectuate the declared
policy of the act, or if the Secretary desires to propose a marketing agreement or marketing order, he shall sign and cause to be served a notice of hearing, as provided in this subpart. $ 900.4 Institution of proceeding.
(a) Filing and contents of the notice of hearing. The proceeding shall be instituted by filing the notice of hearing with the hearing clerk. The notice of hearing shall contain a reference to the authority under which the marketing agreement or marketing order is proposed; shall define the scope of the hearing as specifically as may be practicable; shall contain either the terms or substance of the proposed marketing agreement or marketing order or a description of the subjects and issues involved and shall state the industry, area, and class of persons to be regulated, the time and place of such hearing, and the place where copies of such proposed marketing agreement or marketing order may be obtained or examined. The time of the hearing shall not be less than 15 days after the date of publication of the notice in the FEDERAL REGISTER, as provided in this subpart, unless the Administrator shall determine that an emergency exists which requires a shorter period of notice, in which case the period of notice shall be that which the Administrator may determine to be reasonable in the circumstances: Provided, That, in the case of hearings on amendments to marketing agreements or marketing orders, the time of the hearing may be less than 15 days but shall not be less than 3 days after the date of publication of the notice in the FEDERAL REGISTER.
(b) Giving notice of hearing and supplemental publicity. (1) The Administrator shall give or cause to be given notice of hearing in the following manner:
(i) By publication of the notice of hearing in the FEDERAL REGISTER;
(ii) By mailing a true copy of the notice of hearing to each of the persons known to the Administrator, to be interested therein;
(iii) By issuing a press release containing the complete text or a summary of the contents of the notice of hearing and making the same available to such newspapers in the area proposed to be subjected to regulation as reasonably will tend to bring the notice to the attention of the persons interested therein;
(iv) By forwarding copies of the notice of hearing addressed to the governors of such of the several States of the United States and to executive heads of such of the Territories and possessions of the United States as the Administrator, having due regard for the subject matter of the proposal and the public interest, shall determine, should be notified.
(2) Legal notice of the hearing shall be deemed to be given if notice is given in the manner provided by subparagraph (1) (i) of this paragraph; and failure to give notice
in the manner provided in subparagraph (1) (ii), (iii), and (iv) of this paragraph shall not affect the legality of the notice.
(c) Record of notice and supplemental publicity. There shall be filed with the hearing clerk or submitted to the presiding officer at the hearing an affidavit or certificate of the person giving the notice provided in (b) (1) (iii) and (iv) of this section. In regard to the provisions relating to mailing in (b) (1) (ii) of this section, a determination by the Administrator that such provisions have been complied with shall be filed with the hearing clerk or submitted to the presiding officer at the hearing. In the alternative, if notice is not given in the manner provided in (b) (1) (ii), (iii), and (iv) of this section there shall be filed with the hearing clerk or submitted to the presiding officer at the hearing a determination by the Administrator that such notice is impracticable, unnecessary, or contrary to the public interest with a brief statement of the reasons for such determination. Determinations by the Administrator as herein provided shall be final. $ 900.5 Docket number.
Each proceeding, immediately following its institution, shall be assigned a docket number by the hearing clerk and thereafter the proceeding may be referred to by such number.
900.6 Presiding officers.
(a) Assignment. No presiding officer who has any pecuniary interest in the outcome of a proceeding shall serve as presiding offcer in such proceeding.
(b) Powers of presiding officers. Subject to review by the Secretary, as provided elsewhere in this subpart, the presiding officer, in any proceeding, shall have power to:
(1) Rule upon motions and requests;
(2) Change the time and place of hearing, and adjourn the hearing from time to time or from place to place;
(3) Administer oaths and affirmations and take affidavits;
(4) Examine and cross-examine witnesses and receive evidence;
(5) Admit or exclude evidence;
(7) Do all acts and take all measures necessary for the maintenance of order at the hearing and the efficient conduct of the proceeding.
(c) Who may act in absence of presiding officer. In case of the absence of the presiding officer or his inability to act, the powers and duties to be performed by him under this part in connection with a proceeding may, without abatement of the proceeding unless otherwise ordered by the Secretary, be assigned to any other presiding officer.
(d) Disqualification of presiding officer. The presiding officer may at any time withdraw as presiding officer in a proceeding if he deems himself to be disqualified. Upon the filing by an interested person in good