(a) Requests for records of the Consumer and Marketing Service, pursuant to 5 U.S.C. 552(a) (3), shall be made in writing to the Director of the Division responsible for the program (32 F.R. 11741, Aug. 15, 1967), Consumer and Marketing Service, U.S. Department of Agriculture, Washington, D.C. 20250. Each record sought must be identified with reasonable specificity. The Consumer and Marketing Service is under no obligation to produce records for examination which cannot be reasonably identified nor is it obligated to create records to specification in response to a request. Requests may be submitted in person or by mail. If in person, requests shall be submitted between 9 a.m. and 5:30 p.m., Monday through Friday, except holidays.

(b) Certain records of the Consumer and Marketing Service are scattered among several hundred field offices, each field office having only the records it has generated. Requests for such material will be filled either by copying the records in each field office and consolidating the material at the headquarters office or by asking each field office to copy the records and furnish them directly, whichever method appears most expeditious to the headquarters Division involved. In such cases, the fee for searching and copying will be collected at the headquarters office. The above does not

preclude persons from requesting such material in person, or in writing, directly from a field office, if it has been customary to obtain the information in this manner and the request is made during the local working hours of the office involved.

[32 F.R. 9610, July 4, 1967, as amended at 32 F.R. 12992, Sept. 13, 1967]

§ 900.511 Delegation of authority.

Subject to § 900.515, the Director of the Division responsible for the records is authorized to act, on behalf of the Consumer and Marketing Service, on all such requests in accordance with 5 U.S.C. 552, as implemented by this subpart. § 900.512 Available records.

The Consumer and Marketing Service will promptly make available all Consumer and Marketing Service records requested in accordance with § 900.510 except exempt records as described in § 900.513.

§ 900.513 Exempt records.

Exempt records of the Consumer and Marketing Service include but are not limited to the following:

(a) Matters specifically required by Executive order to be kept secret.

(b) Matters related solely to the internal personnel rules and practices of the Consumer and Marketing Service. Among such records are warehouse examiners' handbooks and other handbooks describing records of tolerances applied in laboratory examination of products and in testing for various purposes.

(c) Matters specifically exempted from disclosure by statute.

(d) Matters that are trade secrets and commercial or financial information obtained from any person and privileged or confidential. Among records of the Consumer and Marketing Service in this category are blueprints and similar records revealing individual physical or operating characteristics of meat or poultry slaughtering or other food processing plants; data concerning product formulations, packaging, labeling, methods of manufacture, and chemical additives, provided by industry in connection with the Department's registration, inspection, grading, and other regulatory and service functions; information furnished voluntarily by persons relating to their farm or business operations for use in making statistical analyses as a foundation for official estimates and reports, for use in developing inspection or

other required staffing, financial or program plans, or for official purposes; inspection, grading, and classing certificates or reports and worksheets and other background material, including condemnation reports, plant sanitation records and reports and laboratory test results; fee bills and other documents relating to inspection, grading and classing work which would indicate quantity, quality, or other characteristics of an individual business, plant, or operation; information and reports obtained from individual dealers, manufacturers, associations, or others covering quantities of commodities processed, condemned, purchased, or sold during prescribed periods, or on hand at particular times, or the prices paid or received therefor; producers' referendum or other ballots filed pursuant to law, and other records developed for the conduct and final execution of referenda or the determination of producer approval, such as producer lists, handler lists, plant receipts, and utilization in the representative period, and similar records relating to marketing order referenda; information furnished pursuant to marketing agreements and orders; financial information and examination reports relating to licensees and applicants for licenses under the U.S. Warehouse Act; laboratory reports, such as pathological, residue, and bacteriological, involving individual food processing plants or establishments; data concerning individual reviews of nonfederally inspected plants using or requesting Federal Meat Grading Service; results of analyses of samples of meat and poultry products produced under State or local inspection systems, for example, specie determination and residues of pesticides.

(e) Interagency or intraagency memorandums or letters which would not be available by law to a party other than the agency in litigation with the Department. This includes, but is not limited to, communications with States concerning matching fund programs, minutes of Matching Fund Program Advisory Committee meetings, the Department Matching Fund Marketing Service Committee, and the Consumer and Marketing Service Matching Fund Working Group; State matching fund audit reports by the Office of the Inspector General, field reviews covering visits of matching fund personnel to States for the purpose of reviewing matching fund activities; documents discussing

or

recommending the formulation of the Departmental position in freight rate matters, and action notices to the Transportation Rates Review Group and minutes of Group meetings; information relating to policy determinations, the advance disclosure of which would give an undue advantage to some or disadvantage to others or would improperly affect a pending action; analyses and data being prepared for release prior to actual release; reports and correspondence relating to evaluations of foreign meat inspection systems; and those intra- and inter-agency communications applicable to the formulation of a Consumer and Marketing Service order, instruction, regulation, or decision.

(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. This includes, but is not limited to, individual personnel and medical files and related records, including such record material on licensed persons; mailing lists in connection with registration or other regulatory or service functions or for dissemination of market news or other publications.

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than the agency. This includes, but is not limited to, charges, complaints and other processes in connection with and prior to being filed in administrative or judicial proceedings; Office of Inspector General reports of investigation and all related correspondence; reports and related correspondence of the Compliance and Evaluation Staff of the Consumer and Marketing Service; and all other investigative, inspection, and accounting reports and supporting data assembled by the Consumer and Marketing Service and pertaining to compliance with laws or regulations.

§ 900.514 Determinations.

The appropriate Division Director shall make promptly available any Consumer and Marketing Service record requested in accordance with § 900.510, unless he determines that the record is exempt under the provisions of § 900.513. If he determines that the requested record should be withheld from public inspection, he shall give prompt written notice of any such determination together with the reasons therefor.

$ 900.515 Appeals.

A denial by a Division Director of any request for a Consumer and Marketing -Service record or records for which that Director is responsible may be appealed by the person who made the request to the Administrator, Consumer and Marketing Service. The appeal shall be made in writing within 15 days of the date of the Director's notice of his action. The administrator will give written notice of Consumer and Marketing Service's final determination.

§ 900.516 Inspection and copies.

A person who has requested available records shall be promptly notified that, upon payment of applicable fees, he may inspect and copy such records (or copies), and purchase copies or extracts thereof, in the office of the Director of the Division responsible for the records, on business days from 9 a.m. to 5:30 p.m. Copies of such records may also be purchased by mail. The applicable fees are prescribed by the Office of Plant and Operations, U.S. Department of Agriculture.

PART 905-ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA

Subpart-Order Regulating Handling

905.81

MISCELLANEOUS PROVISIONS

Fruit not subject to regulation.

Compliance.

Termination.

905.84 Proceedings after termination.

Duration of immunities.

905.85

905.86

Agents.

905.87

905.88

Personal liability.

Derogation.

905.89 Separability.

Subpart-Rules and Regulations

905.120 Nomination procedure.

Redefinition of districts.

905.126 Changes in district representation.

905.131

EXEMPTIONS

Exemption certificates. Issuance of certificates.

905.132 Reports.

NON-REGULATED FRUIT

905.20

905.140 905.145

Gift packages.

ADMINISTRATIVE BODIES

Designation of Committees.

905.21 Growers Administrative Committee

membership and term of office.

905.22 Nomination of members for Growers Administrative Committee.

905.23 Selection of members of Growers Administrative Committee.

905.24 Shippers Advisory Committee membership and term of office.

Certification of certain shipments.

Subpart Budget of Expenses and Rate of Assessment

905.206 Expenses and rate of assessment.

AUTHORITY: The provisions of this Part 905 issued under secs. 1-19, 48 Stat. 31 as amended; 7 U.S.C. 601-674.

"Variety" or "varieties" means any one or more of the following classifications or groupings of fruit:

(a) Early and Midseason oranges, including Navel and other types commonly called "round oranges", except Valencia, Lue Gim Gong, and similar late maturing oranges of the Valencia type;

(b) Valencia, Lue Gim Gong, and similar late maturing oranges of the Valencia type;

(c) Temple oranges;

(d) Marsh and other seedless grapefruit, excluding pink grapefruit;

(e) Duncan and other seeded grapefruit, excluding pink grapefruit;

(f) Pink seedless grapefruit;
(g) Pink seeded grapefruit;
(h) Tangelos;

"Handle or ship" means (a) to sell, consign, deliver, or transport fruit, or in any other way to place fruit, in the current of the commerce between the production area and any point outside thereof in the continental United States, Canada, or Mexico; and (b) to export fruit from any continental United States port to any destination other than Canada or Mexico. § 905.10

Standard packed box.

"Standard packed box” means a unit of measure equivalent to one and threefifths (135) United States bushels of fruit, whether in bulk or in any container.

Bradford, Columbia, Clay, Gilchrist, and Suwannee, and County Commissioner's Districts One, Two, and Three of Volusia County.

(d) "Citrus District Four" shall include the Counties of Orange and Osceola.

(e) "Citrus District Five" shall inIclude the Counties of Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward, and Dade, and County Commissioner's Districts Four and Five of Volusia County.

(f) "Citrus District Six" shall include the Counties of Sarasota, Hardee, Highlands, Okeechobee, Glades, De Soto, Charlotte, Lee, Hendry, Collier, and Monroe.

(g) "Citrus District Seven" shall include the County of Polk,

"Regulation Area I" shall include all that part of the production area not included in Regulation Area II.

§ 905.14 Regulation Area II.

“Regulation Area II" shall include that part of the State of Florida particularly described as follows:

Beginning at a point on the shore of the Atlantic Ocean where the line between Flagler and Volusia Counties intersects said shore, thence follow the line between said two counties to the Southwest corner of Section 23. Township 14 South, Range 31 East; thence continue South to the Southwest corner of Section 35, Township 14 South, Range 31 East; thence East to the Northwest corner of Township 18 South, Range 32 East; thence South to the Southwest corner of Township 17 South, Range 32 East; thence East to the Northwest corner of Township 18 South, Range 33 East; thence South to the St. Johns River; thence along the main channel of the St. Johns River and through Lake Harney, Lake Poinsett, Lake Winder, Lake Washington, Sawgrass Lake, and Lake Helen Blazes to the range line between Ranges 35 East and 36 East; thence South to the South line of Brevard County; thence East to the line between Ranges 36 East and 37 East; thence South to the Southwest corner of St. Lucie County; thence East to the line between Ranges 39 East and 40 East; thence South to the South line of Martin County; thence East to the line between Ranges 40 East and 41 East; thence South to the West Palm Beach Canal (also known as the Okeechobee Canal); thence follow said canal eastward to the mouth thereof; thence East to the shore of the Atlantic Ocean; thence Northerly along the shore of the Atlantic Ocean to the point of beginning.

§ 905.15 Production area.

"Production area" means that portion of the State of Florida which is bounded by the Suwannee River, the Georgia border, the Atlantic Ocean, and the Gulf of Mexico.

§ 905.16 Improved No. 2 grade and Improved No. 2 bright grade.

"Improved No. 2 grade" and "Improved No. 2 Bright grade" mean grapefruit meeting all of the respective requirements of the U.S. No. 2 grade and the U.S. No. 2 Bright grade and those requirements of the U.S. No. 1 grade relating to shape (form) and color, as such requirements are set forth in the U.S. Standards for Grades of Florida Grapefruit (88 51.750-51.783 of this title) or as such standards may hereafter be amended.

[31 F.R. 15060, Dec. 1, 1966]

ADMINISTRATIVE BODIES

§ 905.20 Designation of Committees.

A Growers Administrative Committee and a Shippers Advisory Committee are hereby established. The membership shall be selected in accordance with the provisions of §§ 905.21 through 905.29, inclusive.

§ 905.21

Growers Administrative Committee membership and term of office.

The Growers Administrative Committee shall consist of at least eight but not more than nine members, each of whom shall have an alternate, all of whom shall be producers who shall not be handlers or employed by handlers. The term of office of members and alternate members shall begin on the first day of August and continue for one year and until their successors are selected and have qualified. The consecutive terms of office of a member shall be limited to three terms: Provided, That such limitation shall be effective only to members who serve three consecutive terms expiring on or after July 31, 1947. The terms of office of alternate members shall not be so limited. The members, their alternates, and their respective successors shall be nominated by producers and selected by the Secretary as provided in §§ 905.22 and 905.23.

[22 F.R. 10734, Dec. 27, 1957, as amended at 30 F.R. 13934, Nov. 4, 1965]