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eligible to cast ballots. The referendum $ 900.351 Applications for qualification. agent shall seal the ballots, including
Any association of producers may apthose marked “disqualified", the list of
ply for determinations as to whether it eligible voters and tabulation of ballots,
is a qualified cooperative association and shall transmit to the Administrator
with authority to represent producers in a complete detailed report of all action
order referendums; has authorization to taken in connection with the referendum
collect payment from handlers for memtogether with all the ballots cast and all
bers' milk; and is rendering specified other information furnished to or com
marketing services to producers. Applipiled by the referendum agent.
cant associations should supply infor(d) Announcement of the results of
mation for these determinations, using the referendum. Announcement of the
as a guide Application Form DA-25. The results of the referendum will be made
application form may be obtained from only at the direction of the Secretary.
the Dairy Division, Consumer and MarThe referendum agent, or others who as
keting Service, United States Departsist in the referendum, shall not disclose
ment of Agriculture, Washington, D.C. the results of the referendum or the total
20250. Determinations required of the number of ballots cast.
Secretary of Agriculture, or the Adminis$ 900.309 Confidential information. trator of the Consumer and Marketing
Service, by delegation are made by the The ballots cast, the identity of any
Director of the Dairy Division. Once person who voted, or the manner in
issued they are valid until amended, suswhich any person voted and all informa
pended or terminated. tion furnished to, compiled by, or in the possession of the referendum agent, shall 8 900.352 Confidential information. be regarded as confidential.
The documents and other information § 900.310 Supplementary instructions.
submitted by an applicant association
and otherwise obtained by investigation, The Administrator is authorized to is
examination of books, documents, sue instructions and to prescribe forms
papers, records, files and facilities, and and ballots, not inconsistent with the
in reports filed subsequent to initial deprovisions of this subpart, to govern the
terminations of qualification, shall be reconduct of referenda by referendum
garded as confidential and shall be goyagents.
erned by $ 900.210. $ 900.311 Submittals or requests.
$ 900.353 Qualification standards. Interested persons may secure infor- Statutory requirements for qualifimation or make submittals or requests cation of cooperative associations are to the Administrator with respect to the provided in subsections (5) and (12) of provisions contained in this subpart.
section 608c of the Agricultural Market
ing Agreement Act of 1937, as amended Subpart-Procedure for Determining (7 U.S.C. 601 et seq.). The association
the Qualification of Cooperative must: (a) Be a cooperative marketing Milk Marketing Associations
association of producers, qualified under
the provisions of the Act of Congress of AUTHORITY: $ $ 900.350 to 900.357 issued
February 18, 1922, as amended, known under secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
as the “Capper-Volstead Act," (7 U.S.C.
291, 292); (b) have its entire organizaSOURCE: $$ 900.350 to 900.357 appear at 32
tion and all of its activities under the F.R. 9821, July 6, 1967, unless otherwise noted.
control of its members; (c) have full
authority in the sale of its members' $ 900.350 General statement.
milk; and (d) be engaged in making Cooperative marketing associations collective sales or marketing of milk or apply for qualification by the Secretary milk products for the producers thereof. under the Federal milk order program Qualification for exemption from deducfor certain privileges and exemptions. tions for marketing service payments These privileges and exemptions are ex- under specific marketing orders and paypressed in the Agricultural Marketing ment for milk of members under specific Agreement Act of 1937 (50 Stat. 246) as orders shall be determined in accordance amended, and the milk marketing orders with the terms of the respective marketissued pursuant to its provisions.
$ 900.354 Inspection and investigation.
The Secretary of Agriculture, or his duly authorized representative, shall have the right, at any time after an application is received, to exainine all books, documents, papers, records, files and facilities of the association, to verify any of the information submitted and to procure such other information as may be required to determine whether the association is qualified in accordance with its application. § 900.355 Annual reporting.
Determinations of qualification for privileges and exemptions are subject to amendment, termination or suspension if the association does not currently meet the qualification standards. An association found to be qualified pursuant to the Act is required to file an annual report after its annual meeting has been held following the close of its fiscal year. Form DA-24 is used for this purpose. The report form is available at the Dairy Division, Consumer and Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250. The association is required to file a copy of its report with the Dairy Division at Washington and with the market administrator of each order under which it operates. § 900.356 Listing of qualified associa
tions. A copy of each determination of qualification is furnished to the respective association. Copies are also filed in the Dairy Division, Consumer and Marketing Service, and with the Hearing Clerk, Office of the Secretary, U.S. Department of Agriculture, Washington, D.C. 20250, where they are available for public inspection. A list of qualified associations engaged in marketing milk under a particular milk marketing order is maintained at the office of the market administrator of the order. $ 900.357 Denial of application; sus
pension or revocation of determina
tion of qualification. Any cooperative association whose application has been wholly or partially denied, or whose determination of qualification has been wholly or partly revoked or suspended, may petition the Secretary for a review of such action. Such petition shall state facts relevant to the matter for which review is sought. After due notice to such cooperative association, the Director of the Dairy
Division, or in his absence the Acting Director, shall hold, in the manner hereinafter specified, an informal hearing.
(a) Notice. Notice shall be given in writing and shall be mailed to the last known address of the association, or of an officer thereof, at least 3 days before the date set for a hearing. Such notice shall contain: a statement of the time and place of the hearing, said place to be as convenient to the association as can reasonably be arranged, and may contain a statement of the reason for calling the hearing and the nature of the questions upon which evidence is desired or upon which argument may be presented.
(b) Parties. Hearings are not to be public and are to be attended only by representatives of the association and of the Government, and such other persons as either the association or the Government desires to have appear for purposes of submitting information or as counsel.
(c) Conduct of hearing. The Director or Acting Director of the Dairy Division, or a person designated by him, shall preside at the hearing. The hearing shall be conducted in such manner as will be most conducive to the proper disposition of the matter. Written statements or briefs may be filed by the association within the time specified by the presiding officer.
(d) Preliminary report. The presiding officer shall prepare a preliminary report setting forth a recommendation as to what action shall be taken and the basis for such action. A copy of said report shall be served upon the association by mail or in person. The association may file exceptions to said report within 10 days fte service thereof.
(e) Final report. After due consideration of all the facts and the exceptions, if any, the Director of the Dairy Division shall issue a final report setting forth the action to be taken and the basis for such action. 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 AUTHORITY: $$ 900.400 to 900.407 issued under secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.
SOURCE: $ $ 900.400 to 900.407 appear at 30 F.R. 15414, Dec. 15, 1965, unless otherwise noted.
$ 900.400 General.
services, or any variation of such conReferenda for the purpose of ascer
tributions by two or more parties, so that taining whether the issuance by the Sec
it results in the growing of the commodity retary of Agriculture of a marketing
for market and the authority to transfer order to regulate the handling of any
title to the commodity so produced. fruit, vegetable, or nut, or product
(h) “Producer" means any person dethereof, or the continuance or termina
fined as a producer in the order who: (1) tion of such an order, is approved or
Owns and farms land, resulting in his favored by producers or processors shall,
ownership of the commodity produced unless supplemented or modified by the
thereon; (2) Rents and farms land, reSecretary, be conducted in accordance
sulting in his ownership of all or a porwith this subpart.
tion of the commodity produced thereon;
or (3) Owns land which he does not farm $ 900.401 Definitions.
and, as rental for such land, obtains the (a) “Act” means Public Act No. 10, ownership of a portion of the commodity 73d Congress (48 Stat. 31), as amended, produced thereon. Ownership of, or and as reenacted and amended by the leasehold interest in, land and the acqui. Agricultural Marketing Agreement Act sition, in any manner other than as hereof 1937 (50 Stat. 246), as amended (7 inbefore set forth, of legal title to the U.S.C. 601-674).
commodity grown thereon shall not be (b) "Secretary” means the Secretary
deemed to result in such owners or lessees of Agriculture of the United States, or
becoming producers. any officer or employee of the Depart- $ 900.402 Voting. ment to whom authority has heretofore been delegated, or to whom authority
(a) Each person who is a producer, as may hereafter be delegated, to act in
defined in this subpart, at the time of his stead; and “Department” means the
the referendum and who also was a proUnited States Department of Agricul
ducer during the representative period, ture.
shall be entitled to only one vote in the (c) “Administrator" means the Ad
referendum, except that: (1) In a landministrator of the Consumer and Mar
lord-tenant relationship, wherein each keting Service, with power to redelegate,
of the parties is a producer, each such or any officer or employee of the De
producer shall be entitled to one vote partment to whom authority has been
in the referendum; and (2) a cooperative delegated or may hereafter be delegated
association of producers, bona fide ento act in his stead.
gaged in marketing the commodity or (d) “Order" means the marketing or
product thereof proposed to be regulated,
or in rendering services for or advancing der (including an amendatory order) with respect to which the Secretary has
the interest of the producers of such directed that a referendum be conducted.
commodity or product, may, if it elects to
do so, vote, both by number and total (e) "Referendum agent” means the in
volume, for the producers who are memdividual or individuals designated by the
bers of, stockholders in, or under conSecretary to conduct the referendum.
tract with such association. (f) “Representative period” means the
(b) Whenever, as required by the act, period designated by the Secretary pur
processors vote on the issuance of an suant to section 8c of the act (7 U.S.C.
order, each processor who is engaged in 608c).
canning or freezing within the produc(g) “Person" means any individual,
tion area of the commodity covered by partnership, corporation, association, or
the order shall be entitled to vote in the other business unit. For the purpose of
referendum the quantity of such comthis definition, the term “partnership" includes (1) a husband and wife who
modity canned or frozen within the prohave title to, or leasehold interest in, land
duction area for market by him during as tenants in common, joint tenants,
the representative period determined by tenants by the entirety, or, under com
the Secretary. munity property laws, as community (c) Proxy voting is not authorized but property, and (2) so-called "joint ven- an officer or employee of a corporate tures," wherein one or more parties to the producer, processor or cooperative asagreement, informal or otherwise, con- sociation, or an administrator, executor tributed capital and others contribute or trustee of a producing estate may cast labor, management, equipment, or other a ballot on behalf of such producer,
processor, estate, or cooperative association. Any individual so voting in a referendum shall certify that he is an officer or employee of the producer, processor, or cooperative association, or an administrator, executor, or trustee of a producing estate, and that he has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority.
(d) Each producer, cooperative association of producers, and processor entitled to vote in a referendum shall be entitled to cast one ballot in the referendum. Each producer, cooperative association of producers, and processor casting more than one ballot with conflicting votes shall thereby invalidate all ballots cast by such producer, cooperative association of producers, or processor in such referendum. § 900.403 Instructions.
The referendum agent shall conduct the referendum, in the manner herein provided, under supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions hereof, to govern the procedure to be followed by the referendum agent. Such agent shall:
(a) Determine the time of commencement and termination of the period of the referendum, and the time prior to which all ballots must be cast.
(b) Determine whether ballots may be cast by mail, at polling places, at meetings of producers or processors, or by any combination of the foregoing.
(c) Provide ballots and related material to be used in the referendum. Ballot material shall provide for recording essential information for ascertaining (1) whether the person voting, or on whose behalf the vote is cast, is an eligible voter, and (2) the total volume (1) produced for market during the representative period, or (ii) canned or frozen for market during the representative period.
(d) Give reasonable advance notice of the referendum (1) by utilizing without advertising expense available media of public information (including, but not being limited to, press and radio facilities) serving the production area, announcing the dates, places, or methods of voting, eligibility requirements, and other pertinent information, and (2) by
such other means as said agent may deem advisable.
(e) Make available to producers and the aforesaid cooperative associations which indicate to the agent their intentions to vote, and to processors when required, instructions on voting, appropriate ballot and certification forms, and, except in the case of a referendum on the termination or continuance of an order, the text of the proposed order and a summary of its terms and conditions: Provided, That no person who claims to be qualified to vote shall be refused a ballot.
(f) If ballots are to be cast by mail, cause all the material specified in paragraph (e) of this section to be mailed to each producer (and processor when required) whose name and address is known to the referendum agent.
(g) If ballots are to be cast at polling places or meetings, determine the necessary number of polling or meeting places, designate them, announce the time of each meeting or the hours during which each polling place will be open, provide the material specified in paragraph (e) of this section, and provide for appropriate custody of ballot forms and delivery to the referendum agent of ballots cast.
(h) At the conclusion of the referendum, canvass the ballots, tabulate the results, and, except as otherwise directed, report the outcome to the Administrator and promptly thereafter submit the following:
(1) All ballots received by the agent and appointees, together with a certificate to the effect that the ballots forwarded are all of the ballots cast and received by such persons during the referendum period;
(2) A list of all challenged ballots deemed to be invalid; and
(3) A tabulation of the results of the referendum and a report thereon, including a detailed statement explaining the method used in giving publicity to the referendum and showing other information pertinent to the manner in which the referendum was conducted. $ 900.404 Subagents.
The referendum agent may appoint. any person or persons deemed necessary or desirable to assist said agent in performing his functions hereunder. Each person so appointed may be authorized by said agent to perform, in accordance with the requirements herein set forth, any or all of the following functions (which, in the absence of such appointment, shall be performed by said agent):
(a) Give public notice of the referendum in the manner specified herein;
(b) Preside at a meeting where ballots are to be cast or as poll officer at a polling place;
(c) Distribute ballots and the aforesaid texts to producers (and to processors when required) and receive any ballots which are cast; and
(d) Record the name and address of each person receiving a ballot from, or casting a ballot with, said subagent and inquire into the eligibility of such person to vote in the referendum. $ 900.405 Ballots.
The referendum agent and his appointees shall accept all ballots cast; but, should they, or any of them, deem that à ballot should be challenged for any reason, said agent or appointee shall endorse above his signature, on said ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefor, the results of any investigations made with respect thereto, and the disposition thereof. Invalid ballots shall not be counted. 8 900.406 Referendum report.
Except as otherwise directed, the Administrator shall prepare and submit to the Secretary a report on results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to analysis of the referendum and its results. $ 900.407 Confidential information.
All ballots cast and the contents thereof (whether or not relating to the identity of any person who voted or the manner in which any person voted) and all information furnished to, compiled by, or in possession of, the referendum agent shall be treated as confidential.
Subpart-Public Information AUTHORITY: $$ 900.500 to 900.516 issued under 5 U.S.C. 552, 559.
SOURCE: $$ 900.500 to 900.516 appear at 32 F.R. 9610, July 4, 1967, unless otherwise noted.
AVAILABILITY OF PROGRAM INFORMATION,
STAFF MANUALS AND INSTRUCTIONS, AND
RELATED MATERIAL $ 900.500 Sources of program informa
tion. A description of the central and field organization of the Consumer and Marketing Service is published in 32 F.R. 11741, August 15, 1967. Any revision or amendment will be published in the FEDERAL REGISTER as will any revision or amendment of this subpart. (32 F.R. 9610, July 4, 1967, as amended at 32 F.R. 12992, Sept. 13, 1967] $ 900.501 Availability of program infor
mation. (a) Certain program information such as handbooks, forms, instructions, and FEDERAL REGISTER reprints (if copies are available and it has been customary to distribute such documents) will be made available free to Federal or Federal-State cooperative employees; licensed inspectors, graders, and samplers; cooperators under signed cooperative agreements; plants under inspection or grading contracts; and others with whom the Consumer and Marketing Service is doing business and who may be involved in carrying out assigned program functions. Such program information will also be indexed and available for public inspection and copying.
(b) Material which is purely informational in nature and is issued by the Consumer and Marketing Service as a public service or to provide information about Consumer and Marketing Service programs will be made available free. Such material includes market news releases, plentiful foods bulletins, and pamphlets or leaflets explaining C&MS programs. $ 900.502 Staff manuals and instruc
tions. The Consumer and Marketing Service will make available for public inspection and copying its administrative staff manuals and instructions to staff affecting any member of the public except those manuals and instructions exempt from disclosure pursuant to the provisions of 5 U.S.C. 552(b). $ 900.503 Index.
The headquarters office of each Division of the Consumer and Marketing Service will maintain and make avail