of the committee 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, alternate, employee, or agent, except for acts of dishonesty, willful misconduct, or gross negligence.

§ 916.71 Separability.

If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this part or the applicability thereof to any other person, circumstance, or thing shall not be affected thereby.

Subpart-Rules and Regulations

§ 916.102 Procedure for nominating members and alternate members for the Nectarine Administrative Committee and the Shippers' Advisory Committee.

(a) The manager of the Nectarine Administrative Committee shall arrange for, and publicize, meetings of growers and shippers for the purpose of nominating members and alternate members for the Nectarine Administrative Committee and the Shippers' Advisory Committee. One growers' nomination meeting shall be held in each district. The shippers' nomination meeting shall be held in the district which, during the preceding year, produced the most nectarines. So far as possible, these meetings shall be held jointly with nomination meetings scheduled by the Control Committee, established under Order No. 917, as amended (7 CFR Part 917), known as the California Tree Fruit Agreement. Each such meeting shall be attended by one or more employees of the Nectarine Administrative Committee. Members of the Agricultural Extension Service of the University of California may be authorized by the Manager to assist in publicizing such meetings.

(b) Eligible voters assembled at nomination meetings may select a chairman and secretary, but in the event none of the aforesaid employees of the Nectarine Administrative Committee is selected as secretary, one such employee shall, nevertheless, record all nominations made.

(c) The nominations at any meeting shall be conducted according to Robert's

The subdivisions of the production area are redefined and renumbered as follows:

(a) "District 1" shall include the counties of Madera, Fresno, and Kings and that portion of Tulare County north of the 4th Standard Parallel south of Mount Diablo Base Line of the General Land Office.

(b) "District 2" shall include that portion of Tulare County not included in District 1.

(c) "District 3" shall include all of the production area lying south of the northern boundaries of the counties of San Luis Obispo, Kern, and San Bernardino.

(d) "District 4" shall include the counties of Merced and Stanislaus and the balance of the production area. [29 F.R. 3419, Mar. 17, 1964] § 916.107

Changes in the representation of certain districts.

The representation or membership on the Nectarine Administrative Committee is changed to provide for:

(a) Five (5) members and their respective alternates shall be producers of nectarines in District 1;

(b) One (1) member and his alternate shall be producers of nectarines in District 2;

(c) One (1) member and his alternate shall be producers of nectarines in District 3;

(d) One (1) member and his alternate shall be producers of nectarines in District 4.

[29 F.R. 3419, Mar. 17, 1964]

§ 916.110 Exemption from inspection.

(a) Waivers. A handler may handle nectarines without inspection and certification, as prescribed under § 916.55, if all the following conditions are met:

(1) The handler requests the FederalState Inspection Service to provide inspection during its regular working hours at least 2 hours in advance of the time when inspection is needed. The request need not be in writing but it shall be confirmed immediately in writing on a waiver form to be supplied by the inspection service;

(2) The Federal-State Inspection Service advises the handler that it is not practicable to provide inspection at the time and place designated by the handler. This advice may be verbal but it shall be confirmed in writing by the Federal-State Inspection Service by execution of the waiver form on which the handler submitted his written request. A confirmed copy thereof shall be forwarded by the inspection service to the office of the Nectarine Administrative Committee.

(3) The

Federal-State Inspection Service furnishes the handler with the number of the waiver which shall cover the nectarines on which inspection is requested;

(4) When instructed to do so, the handler plainly and conspicuously marks one end of each container with the letter "W" and the waiver number supplied by the Federal-State Inspection Service. The letter W and the number shall not be less than one-half inch in height.

(b) Minimum quantities. A handler may handle, exempt from the inspection and certification requirements prescribed under § 916.55 and the requirements of paragraph (a) of this section, nectarines totaling not more than 50 pounds, net weight, in any day to any person or to the occupants of one vehicle. [31 F.R. 7474, May 24, 1966] § 916.115 Lot stamping.

Except when loaded directly into railway cars or exempted under § 916.110, containers of nectarines shall be plainly stamped, prior to shipment, with a Federal-State Inspection Service lot stamp number, assigned by such Service, showing that such nectarines have been inspected in accordance with § 916.55. [25 F.R. 239, Jan. 13, 1960. Redesignated at 26 F.R. 12751, Dec. 30, 1961] Subpart Budget of Expenses and Rate of Assessment

§ 916.207 Expenses and rate of assess

ment.

(a) Expenses. Expenses that are reasonable and likely to be incurred by

(b) Rate of assessment. The rate of assessment for said period, payable by each handler in accordance with § 916.41, is fixed at $0.045 per No. 22D standard lug box of nectarines, or equivalent quantity of nectarines in other containers or in bulk.

(c) Reserve. Unexpended assessment funds, in excess of expenses incurred during the fiscal period ending February 28, 1969, shall be carried over as a reserve in accordance with the applicable provisions of § 916.42 of said marketing agreement and order.

[33 F.R. 11743, Aug. 20, 1968]

"Fruit" means the edible product of the following three kinds of trees (a) all varieties of plums, (b) the varieties of pears, and (c) the varieties of peaches set forth below together with all mutations thereof which are grown in the production area and shipped in fresh form:

Pears. Bartlett, Dr. Jules Guyot (Guyot, Early Bartlett), Clapps Favorite (Max-Red (Hill Bartlett), Max-Red Bartlett, Red Bartlett), Rosired (Rosired Gorham Bartlett), Winter Bartlett, (Late Bartlett).

Peaches. Elberta (Regular Elberta), Early Elberta (Gleason, Early Fay, Golden Elberta), Fay Elberta (Gold Medal, Golden Elberta), Burbank July Elberta (Early Elberta, Burbank Elberta, Burbank, Jewel, Kim Elberta, July Elberta, Socala).

§ 917.5 Grower.

"Grower" is synonymous with producer and means (a) with respect to plums any person who produces plums for market in fresh form, and who has a proprietary interest therein, and (b) with respect to pears and peaches, any person who produces such for market in fresh form in the current of interstate or foreign commerce, and who has a proprietary interest therein.

§ 917.6 Handle.

"Handle" and ship are synonymous and mean: (a) With respect to pears and peaches, to sell, consign, deliver, or transport such fruit, or cause such fruit to be sold, consigned, delivered, or transported, between the production area and any point outside thereof; and (b) with respect to plums, to sell, consign, deliver, or transport plums, or cause plums to be sold, consigned, delivered, or transported, between the production area and any point outside thereof, or within the production area: Provided, That the term handle shall not include the sale of fruit on the tree, the transportation within the production area of fruit from the orchard where grown to a packing facility located within such area for preparation for market, or the delivery of such fruit to such packing facility for such preparation.

"Handler" is synonymous with shipper and means any person (except a common or contract carrier transporting fruit owned by another person) who handles fruit.

§ 917.8 Commercial plum handler.

"Commercial plum handler" means any person who produces less than 50% of the plums which he handles.

§ 917.9 Fiscal period.

"Fiscal period" is synonymous with fiscal year and means the 12-month period ending on the last day of February of each year, or such other period that may be approved by the Secretary pursuant to recommendations by the committee.

"District" means any of the following subdivisions of the State of California:

(a) "North Sacramento Valley District" includes and consists of Glenn County, Shasta County, Tehama County, Modoc County, Siskiyou County, Lassen County, Plumas County, and Colusa County.

(b) "Central Sacramento Valley District" includes and consists of Sutter County, Butte County, Yuba County, and Sierra County.

(c) "Sacramento River District" inIcludes and consists of Sacramento County, that portion of Yolo County east of a straight line from the northwest corner of Sacramento County to the Northeast corner of Solano County, and that portion of Solano County east of a straight line from the northeast corner of Solano County to the town of Rio Vista.

(d) "El Dorado District" includes and consists of El Dorado County.

(e) "Placer-Colfax District" includes and consists of Nevada and Placer Counties.

(f) "Solano District" includes and consists of that portion of Yolo County not included in the Sacramento River District, and that portion of Solano County not included in the Sacramento River District.

(g) "Contra Costa District" includes and consists of Contra Costa County.

(h) "Santa Clara District" includes and consists of Alameda County, Monterey County, Santa Clara County, San Mateo County, Santa Cruz County, and San Benito County.

(i) "Lake District" includes and consists of Lake County.

(j) "Mendocino District" includes and consists of Mendocino County, Humboldt County, Trinity County, and Del Norte County.

(k) "South Coast District" includes and consists of San Luis Obispo County, Santa Barbara County, Ventura County, and that portion of Los Angeles County south of the Tehachapi Mountains and west of a straight line running from the town of Saugus to Point Fermin.

(1) "Stockton District" includes and consists of San Joaquin County, Amador County, Calaveras County, and Alpine County.

(m) "Stanislaus District" includes and consists of Merced County, Stanislaus County, Tuolumne County, and Mariposa County.

(n) "Fresno District" includes and consists of Madera County, Fresno County, Mono County, Kings County, and that portion of Tulare County north of the 4th Standard Parallel south of the Mount Diablo Base Line of the General Land Office.

(o) "Tulare District" includes and consists of that portion of Tulare County not included in Fresno District.

(p) "Kern District" includes and consists of that portion of Kern County west of the Tehachapi Mountains.

(q) "Tehachapi District" includes and consists of that portion of Los Angeles County north of the San Gabriel Mountains and north of that portion of Kern County not included in Kern District, and Inyo County.

(r) "Southern California District" includes and consists of San Bernardino County, Orange County, San Diego County, Imperial County, Riverside County, and that portion of Los Angeles County not included in the South Coast District and the Tehachapi District.

(s) "North Bay District" includes and consists of Sonoma County, Napa County, and Marin County.

§ 917.19. The members shall be selected annually for a term ending on the last day of February, and said members shall serve until their respective successors are selected and qualified.

§ 917.17 Nomination of shipper members of the Control Committee.

Nominations for the 12 members of the Control Committee to represent shippers shall be made in the following

manner:

son.

(a) Elective bodies may be formed consisting of any shipper or group of shippers who shipped at least one-third of the total tonnage of fruit shipped by all shippers during the preceding seaEach elective body shall be entitled to nominate four persons for members. In the event an elective body is composed of more than one shipper, each such shipper shall cast his vote on the basis of fruit shipped by such shipper during the previous season. Voting shall be cumulative. Shippers who have sufficient tonnage to form one or more elective bodies shall not be entitled to use their additional fractional tonnage, if any, toward the formation of an additional elective body.

(b) In the event all nominations for the shipper membership of the Control Committee are not made by elective bodies, as provided in paragraph (a) of this section, by February 1 of each year, the then existing Control Committee shall promptly announce a time and place for a meeting of all shippers of fruit who have not individually or collectively formed an elective body nor in any manner participated therein, and such Control Committee shall conduct the election of nominees at such meeting. At said election meeting, such shippers shall select a nominee for each of the aforesaid positions of the Control Committee for which nominees have not been selected pursuant to the provisions of paragraph (a) of this section. In such election, each such shipper shall cast only one vote. No shipper who formed an elective body, or participated therein with another shipper or shippers, shall participate in or vote at such election held pursuant to the provisions of this paragraph.

(c) No shipper shall be entitled to participate in the nomination of members of the Control Committee, or be eligible for membership on such committee, if such shipper has failed to pay the assessments, due to be paid by him pursuant to the provisions of § 917.37.