the designated handler shall be the first handler of such potatoes. The first handler is the person who initially performs a handler function as heretofore defined. Such person may be a fresh shipper, processor, or other person who first places the potatoes in the channels of commerce. A producer who grades, packs, or otherwise performs handler functions thereby becomes a handler and as such assumes first handler responsibilities under this part. The following examples are provided to aid in identification of first handlers who are designated handlers:

(1) Producer delivers field-run potatoes of his own production to a handler for preparation for market. The handler in this instance is the designated handler, regardless of whether he subsequently handles such potatoes for his own account or for the account of the producer.

(2) Producer delivers field-run potatoes of his own production to a handler who takes title to such potatoes and places them in storage for subsequent handling. The handler who purchases such potatoes from the producer is the designated handler.

(3) Producer delivers field-run potatoes to a commercial storage facility for the purpose of holding such potatoes under his own account for later sale. There is no designated handler in this instance since such potatoes have not been handled as heretofore defined and no assessment is due. The designated handler of such potatoes would be identified on the basis of subsequent handling of such potatoes.

(4) Fresh shipper purchases a lot of potatoes from a producer, packs a portion of such potatoes for fresh market, and delivers the balance to a processor. The fresh shipper is the designated handler for all potatoes in the lot.

(5) Handler purchases potatoes from a producer's field or storage for the purpose of preparing such potatoes for market or for transporting such potatoes to storage for subsequent handling. The handler who purchases such potatoes from the producer is the designated handler.

(6) Producer packs and sells potatoes of his own production from the field, roadside stand, or storage to a consumer, itinerant trucker, or other buyer. In performing such handler functions the producer assumes the responsibility of designated handler.

(7) Processor utilizes potatoes of his own production in the manufacture of potato chips, frozen, dehydrated, or canned products for human consumption. In so handling potatoes, the processor assumes the responsibility of designated handler.

(8) Producer utilizes potatoes of his own production for seed in planting his subsequent crop. Such seed potatoes do not enter the current of commerce. There is no designated handler in this instance since such potatoes have not been hanaled as heretofore defined and no assessment is due. However, an assessment is due on any seed potatoes (whether certified or not) which are sold or otherwise handled by the producer or other handler.

(b) Any person who handles potatoes for a producer thereof under oral or written contract or agreement providing for the sale thereof shall be the designated handler for such potatoes, notwithstanding the fact that the producer may have graded, packed, or otherwise handled such potatoes and thereby became the first handler of such potatoes: Provided, That such producer-handler may elect to pay the assessments on his potatoes on behalf of the designated handler.

Examples. A cooperative marketing association, or other person, who makes an accounting to the producer, or pays the proceeds of the sale to the producer would be the designated handler responsible for the

payable by the handler to the Board. Failure of the handler to collect or deduct such assessment does not relieve the handler of his obligation to remit the assessment to the Board.

(1) The assessment shall become payable at the time a determination of assessible potatoes is made in the normal handling process, pursuant to § 1207.511.

(b) Payment direct to the Board. (1) Except as provided in paragraph (c) of this section, each designated handler shall remit assessments directly to the Board by check, draft, or money order payable to the National Potato Promotion Board, or NPPB not later than 10 days after the end of the month such assessment is due together with a report (preferably on Board forms) thereon.

(2) All designated handler reports shall contain the following information: (i) Date of report (which is also date of payment to the Board);

(ii) Period covered by report;

(iii) Total quantity of potatoes determined as assessable during the reporting period, pursuant to § 1207.511.

(3) Designated handlers who collect assessments from producers or withhold assessments from their accounts shall also include a list of all such producers whose potatoes were handled during the period, their addresses and the total assessable quantities handled for each such producer.

(i) In lieu of such a list, the designated handler may substitute authentic copies of settlement sheets given to each producer provided such settlement sheets contain all the information listed above.

(ii) The words "final report" shall be shown on the last report at the close of his marketing season or at the end of each fiscal period if such handler markets potatoes on a year-round basis.

(4) Prepayment of assessment: (i) In lieu of the monthly assessment and reporting requirements of paragraph (b) of this section, the Board may permit designated handlers to make advance payments of their total estimated assessments for the season to the Board prior to their actual determination of assessable potatoes. Such procedure may be permitted when it is considered by the designated handler to be the more practical method of payment.

(ii) Persons using such procedure shall provide a final annual accounting of actual handling and assessments.

(iii) Specific requirements, instructions, and forms for making such ad

vance payments shall be provided by the Board upon request.

cooperating

(c) Payment through agency. The Board may authorize other organizations to collect assessments in its behalf. In any State or area in which the Board has negotiated an agreement to collect assessments with an agency such as a State Potato Commission or a Potato Association approved by the Secretary, the designated handler shall pay the assessment to such agency in the time and manner, and with such identifying information as specified in such agreement. Such an agreement shall not provide any cooperating agency with authority to collect confidential informa tion from handlers; to qualify, the cooperating agency must on its own acIcord have access to all information required by the Board for collection purposes. If the Board requires further evidence of payment than provided, it may acquire such evidence from individual designated handlers.

(1) All such agreements are subject to the requirement of § 1207.352 Confidential treatment, of the plan, the provisions of section 310 (c) of the Act, and all applicable rules and regulations and financial safeguards in effect under the Act and the plan; and all affected persons shall agree to, and conduct their operations and activities in accordance with, such requirements.

Any potato producer from whom an assessment has been collected or withheld may obtain a refund only by following the procedure prescribed in this section.

(a) Application form. A producer shall obtain a refund form from the Board by written request which shall bear the producer's signature.

(b) Submission of refund application to Board. Any producer requesting a refund shall mail an application on the prescribed form to the Board within 90 days from the date the assessment was collected from such producer or withheld from his account by a designated handler. The refund application shall show (1) producer's name and address, (2) handler's or handlers' name(s) and address(es); (3) the number of hundredweight on which refund is requested; (4) date or inclusive dates on which assessments were paid; and (5) the producer's signature. Where more than one producer shared in the assessment

payment, joint or separate refund application forms may be filed. In any such case the refund application shall show the names addresses and proportionate shares of such producers and the signature of each.

(c) Proof of payment of assessment. The receipt given to the producer by the handler, a copy thereof, or such other evidence satisfactory to the Board, shall accompany the producer's refund application. Within 60 days from the date the properly executed application for refund is received by the Board, the Boarl shall make remittance to the producer. For joint applications, the remittance shall be made payable jointly to all eligible producers signing the refund application form.

The Board may require reports by designated handlers on the handling and disposition of exempted potatoes. Also, authorized employees of the Board or the Secretary, may inspect such books and records as are appropriate and necessary to verify the reports on such disposition. RECORDS

§ 1207.532 Retention period for records.

Each handler required to make reports pursuant to this subpart shall maintain and retain for at least 2 years beyond the marketing year of their applicability: (a) One copy of each report made to the Board; and (b) such records as are necessary to verify such reports.

§ 1207.533 Availability of records.

Each handler required to make reports pursuant to this subpart shall make available for inspection by authorized employees of the Board or the Secretary during regular business hours, such records as are appropriate and necessary to verify reports required under this subpart.

CONFIDENTIAL INFORMATION

§ 1207.540 Confidential books, records, and reports.

All information obtained from the books, records, and reports of handlers and all information with respect to refunds of assessments made to individual producers shall be kept confidential in the manner and to the extent provided for in § 1207.352 of the plan.

§ 1207.545 Right of the Secretary.

All fiscal matters, programs or projects, rules or regulations, reports, or other substantive action proposed and prepared by the Board shall be submitted to the Secretary for his approval. § 1207.546 Personal liability.

No member of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member, except for acts of willful misconduct, gross negligence, or those which are criminal in nature.

84-045-73

1300.3 Persons required to submit reports; forms to be used; where available. 1300.4 Time when reports are due.

AUTHORITY: The provisions of this Part 1300 issued under sec. 6, 49 Stat. 1899; 7 U.S.C. 956.

SOURCE: The provisions of this Part 1300 appear at 23 F.R. 2375, Apr. 11, 1958. Redesignated at 28 F.R. 4788, May 14, 1963. § 1300.1 Scope of regulations.

Under the act of June 24, 1936, as amended (49 Stat. 1898; 7 U.S.C. 951957), the Secretary of Agriculture is authorized and directed to collect and publish statistics of raw peanuts, shelled, unshelled, and crushed, and peanut oil, in the United States, received, processed, shipped, and owned by or in the possession of warehousemen, brokers, cleaners, shellers, dealers, growers' cooperative associations, crushers, salters, manufacturers of peanut products, and owners other than the original producers of peanuts. The purposes of the regulations in this part are to implement this statute and, where discretion is vested in the Secretary of Agriculture to prescribe rules, to set forth the applicable rules. § 1300.2

Definitions.

As used in the regulations in this part: (a) "Act" means the act of June 24, 1936, as amended (49 Stat. 1898; 7 U.S.C. 951-957);

(b) "Person" includes individuals, partnerships, corporations, and associations:

(c) "Secretary" means the Secretary of Agriculture or any officer or employee

of the United States who is authorized to exercise the powers and to perform the duties of the Secretary of Agriculture under the act.

§ 1300.3

Persons required to submit reports; forms to be used; where available.

(a) The following persons are required to submit monthly reports, as follows:

(1) Peanut cleaners, shellers, crushers and manufacturers of crude peanut oil, peanut cake and meal are required to report on Form C. E. 6-18 "A", Peanut Stocks and Processing Report, inventories, receipts and disposition of farmers' stock peanuts and inventories, production, receipts and disposition of milled peanut products;

(2) Peanut salters and manufacturers of peanut products (including but not limited to manufacturers of peanut candy, peanut butter, peanut butter sandwiches, granulated peanuts, peanut flour, peanuts roasted in shell, peanuts salted in the shell and other miscellaneous peanut products) processing in excess of 10,000 pounds of raw peanuts (shelled, unshelled, or both) during the calendar year immediately preceding the year in which the report is due, are required to report on Form C. E. 6-18 "CP", Peanut Stocks and Processing Report, receipts, disposition, and stocks of raw peanuts;

(3) Warehousemen, brokers, dealers, growers, cooperative associations and all other owners other than original producers of peanuts are required to report on Form C. E. 6-18 "B", Peanut Stocks Reports, all shelled peanuts, roasting stock peanuts, and farmers' stock peanuts on hand at the end of the month: Provided, however, That published or