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able for public inspection and copying a preclude persons from requesting such current index providing identifying in- material in person, or in writing, directformation for the public as to staff ly from a field office, if it has been cusmanuals, and instructions and other tomary to obtain the information in this matters issued, adopted, or promulgated manner and the request is made during with respect to programs for which it the local working hours of the office has responsibility, and which are re- involved. quired to be made available pursuant to [32 F.R. 9610, July 4, 1967, as amended at 5 U.S.C. 522(a) (2).
32 F.R. 12992, Sept. 13, 1967) $ 900.504 Facilities for inspection; $ 900.511 Delegation of authority. copies.
Subject to $ 900.515, the Director of No central facilities for public inspec- the Division responsible for the records tion and copying of materials will be pro- is authorized to act, on behalf of the vided. Copies of materials listed in the Consumer and Marketing Service, on all index of a Division of the Consumer and such requests in accordance with 5 U.S.C. Marketing Service may be inspected and 552, as implemented by this subpart. copied at the headquarters office. Copies
$ 900.512 Available records. of such materials may also be obtained in person or by mail, when requested in
The Consumer and Marketing Service writing, and upon payment of applicable
will promptly make available all Confees prescribed by the Office of Plant and
sumer and Marketing Service records reOperations, U.S. Department of Agriculo
quested in accordance with $ 900.510 exture.
cept exempt records as described in
§ 900.513. DISCLOSURE OF IDENTIFIABLE RECORDS
$ 900.513 Exempt records. $ 900.510 Requests.
Exempt records of the Consumer and (a) Requests for records of the Con- Marketing Service include but are not sumer and Marketing Service, pursuant limited to the following: to 5 U.S.C. 552(a) (3), shall be made in (a) Matters specifically required by writing to the Director of the Division Executive order to be kept secret. responsible for the program (32 F.R. (b) Matters related solely to the inter11741, Aug. 15, 1967), Consumer and nal personnel rules and practices of the Marketing Service, U.S. Department Consumer and Marketing Service. of Agriculture, Washington, D.C. Among such records are warehouse ex20250. Each record sought must be iden- aminers' handbooks and other handbooks tified with reasonable specificity. The describing records of tolerances applied Consumer and Marketing Service is in laboratory examination of products under no obligation to produce records and in testing for various purposes. for examination which cannot be reason- (c) Matters specifically exempted from ably identified nor is it obligated to create disclosure by statute. records to specification in response to a (d) Matters that are trade secrets and request. Requests may be submitted in commercial or financial information obperson or by mail. If in person, requests tained from any person and privileged shall be submitted between 9 a.m. and or confidential. Among records of the 5:30 p.m., Monday through Friday, Consumer and Marketing Service in this except holidays.
category are blueprints and similar (b) Certain records of the Consumer records revealing individual physical or and Marketing Service are scattered operating characteristics of meat or among several hundred field offices, each poultry slaughtering or other food procfield office having only the records it has essing plants; data concerning product generated. Requests for such material formulations, packaging, labeling, methwill be filled either by copying the rec- ods of manufacture, and chemical addiords in each field office and consolidating tives, provided by industry in connection the material at the headquarters office or with the Department's registration, inby asking each field office to copy the spection, grading, and other regulatory records and furnish them directly, and service functions; information furwhichever method appears most expedi- nished voluntarily by persons relating to tious to the headquarters Division in- their farm or business operations for volved. In such cases, the fee for search- use in making statistical analyses as a ing and copying will be collected at the foundation for official estimates and reheadquarters ofice. The above does not ports, for use in developing inspection or
other required staffing, financial or pro- recommending the formulation of the gram plans, or for official purposes; in- Departmental position in freight rate spection, grading, and classing certifi- matters, and action notices to the cates or reports and worksheets and Transportation Rates Review Group and other background material, including minutes of Group meetings; information condemnation reports, plant sanitation relating to policy determinations, the records and reports and laboratory test advance disclosure of which would give results; fee bills and other documents an undue advantage to some or disrelating to inspection, grading and class- advantage to others or would improperly ing work which would indicate quantity, affect a pending action; analyses and quality, or other characteristics of an data being prepared for release prior individual business, plant, or operation; to actual release; reports and correinformation and reports obtained from spondence relating to evaluations of individual dealers, manufacturers, as- foreign meat inspection systems; and sociations, or others covering quantities those intra- and inter-agency of commodities processed, condemned, munications applicable to the formulapurchased, or sold during prescribed tion of a Consumer and Marketing Servperiods, or on hand at particular times, ice order, instruction, regulation, or or the prices paid or received therefor; decision. producers' referendum or other ballots (f) Personnel and medical files and filed pursuant to law, and other records similar files the disclosure of which developed for the conduct and final would constitute a clearly unwarranted execution of referenda or the determina- invasion of personal privacy. This intion of producer approval, such as pro- cludes, but is not limited to, individual ducer lists, handler lists, plant receipts, personnel and medical files and related and utilization in the representative records, including such record material period, and similar records relating to on licensed persons; mailing lists in marketing order referenda; information connection with registration or other furnished pursuant to marketing agree- regulatory or service functions or for ments and orders; financial information dissemination of market news or other and examination reports relating to publications. licensees and applicants for licenses (g) Investigatory files compiled for under the U.S. Warehouse Act; labora
law enforcement purposes except to the tory reports, such as pathological, resi- extent available by law to a party other due, and bacteriological, involving indi
than the agency. This includes, but is not vidual food processing plants or estab- limited to, charges, complaints and other lishments; data concerning individual
processes in connection with and prior reviews of nonfederally inspected plants to being filed in administrative or using or requesting Federal Meat Grad
judicial proceedings; Office of Inspector ing Service; results of analyses of
General reports of investigation and all samples of meat and poultry products related correspondence; reports and reproduced under State or local inspection lated correspondence of the Compliance systems, for example, specie determina- and Evaluation Staff of the Consumer tion and residues of pesticides.
and Marketing Service; and all other (e) Interagency or intraagency mem- investigative, inspection, and accounting orandums or letters which would not be reports and supporting data assembled available by law to a party other than by the Consumer and Marketing Service the agency in litigation with the Depart- and pertaining to compliance with laws ment. This includes, but is not limited or regulations. to, communications with States concerning matching fund programs, minutes
$ 900.514 Determinations. of Matching Fund Program Advisory The appropriate Division Director Committee meetings, the Department shall make promptly available any ConMatching Fund Marketing Service Com- sumer and Marketing Service record remittee, and the Consumer and Market- quested in accordance with $ 900.510, ing Service Matching Fund Working unless he determines that the record is Group; State matching fund audit exempt under the provisions of $ 900.513. reports by the Office of the Inspector If he determines that the requested recGeneral, field reviews covering visits of ord should be withheld from public inmatching fund personnel to States for spection, he shall give prompt written the purpose of reviewing matching fund notice of any such determination toactivities; documents discussing gether 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
DEFINITIONS Sec. 905.1 Secretary. 905.2 Act. 905.3 Person. 905.4 Fruit. 905.5 Variety. 905.6 Producer. 905.7 Handler. 905.8 Prepare for market. 905.9 Handle or ship. 905.10 Standard packed box. 905.11 Fiscal period. 905.12 District. 905.13 Regulation Area I. 905.14 Regulation Area II. 905.15 Production area. 905.16 Improved No. 2 grade and Improved
No. 2 bright grade.
ADMINISTRATIVE BODIES 905.20 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 mem
bership and term of office.
Sec. 905.25 Nominations of members for Ship
pers Advisory Committee. 905.26 Selection of members of Shippers
Advisory Committee. 905.27 Failure to nominate. 905.28 Acceptance of membership. 905.29 Inability of members to serve. 905.30 Powers of Growers Administrativo
Committee. 905.31 Duties of Growers Administrativo
Committee. 905.32 Duties of Shippers Advisory Com
mittee. 905.33 Compensation and expenses of com
mittee members. 905.34 Procedure of committees. 905.35 Right of the Secretary. 905.36 Funds.
EXPENSES AND ASSESSMENTS 905.40 Expenses. 905.41 Assessments. 905.42 Handler's accounts.
REGULATIONS 905.50 Marketing policy. 905.51 Recommendations for regulation. 905.52 Regulation by the Secretary. 905.53 Inspection and certification. 905.54 Exemptions.
HANDLERS' REPORTS 905.70 Manifest report. 905.71 Other information.
MISCELLANEOUS PROVISIONS 905.80 Fruit not subject to regulation. 905.81 Compliance. 905.82 Effective time, 905.83 Termination. 905.84 Proceedings after termination. 905.85 Duration of immunities. 905.86 Agents. 905.87 Derogation. 905.88 Personal liability. 905.89 Separability.
Subpart-Rules and Regulations 905.120 Nomination procedure. 905.125 Redefinition of districts. 905.126 Changes in district representation.
EXEMPTIONS 905.130 Exemption certificates. 905.131 Issuance of certificates. 905.132 Reports.
NON-REGULATED FRUIT 905.140 Gift packages. 905.145 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.
Subpart-Order Regulating Handling (i) Dancy and similar tangerines, in
cluding Robinson; and SOURCE: $$ 905.1 to 905.89 appear at 22 F.R. 10734, Dec. 27, 1957. Redesignated at 26 F.R.
(j) Murcott Honey oranges. 12751, Dec. 30, 1961.
[30 F.R. 13933, Nov. 4, 1965) DEFINITIONS
$ 905.6 Producer. 8 905.1 Secretary.
"Producer" eans any person engaged “Secretary" means the Secretary of
in the production of fruit. Agriculture of the United States of $ 905.7 Handler. America.
“Handler" is synonymous with $ 905.2 Act.
"shipper” and means any person (except “Act" means Public Act No. 10, 73d
a common or contract carrier transport
ing fruit for another person) who, as Congress (May 12, 1933), as amended and as reenacted and amended by the
owner, agent, or otherwise, handles fruit Agricultural Marketing Agreement Act
in fresh form, or causes fruit to be
handled. of 1937, as amended. (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 Stat. $ 905.8 Prepare for market. 906, 1047.)
“Prepare for market” means to wash, & 905.3 Person.
grade, size, or place fruit (whether or “Person” means an individual, part
not wrapped) into any container whatnership, corporation, association, busi
soever; but such term shall not include
the harvesting of fruit. ness trust, legal representative, or any organized group of individuals.
Handle or ship. 8 905.4 Fruit.
"Handle or ship” means (a) to sell, “Fruit” means any or all varieties of
consign, deliver, or transport fruit, or the following types of citrus fruits grown
in any other way to place fruit, in the in the production area:
current of the commerce between the (a) Citrus sinensis, Osbeck, commonly
production area and any point outside called “oranges”;
thereof in the continental United States,
Canada, or Mexico; and (b) to export (b) Citrus paradisi, MacFadyen, com
fruit from any continental United States monly called "grapefruit”;
port to any destination other than Can(c) Citrus nobilis deliciosa, commonly
ada or Mexico. called “tangerines”; (d) Temple oranges;
8 905.10 Standard packed box. (e) Tangelos; and
"Standard packed box” means à unit (f) Murcott Honey oranges.
of measure equivalent to one and three(30 F.R. 13933, Nov. 4, 1965)
fifths (135) United States bushels of
fruit, whether in bulk or in any con8 905.5 Variety.
tainer, “Variety” or “varieties" means any one
& 905.11 Fiscal period. or more of the following classifications or groupings of fruit:
"Fiscal period” means the period of (a) Early and Midseason oranges, in
time from August 1 of any year until cluding Navel and other types commonly
July 31 of the following year, both dates called "round oranges", except Valencia,
inculsive. Lue Gim Gong, and similar late matur- $ 905.12 District. ing oranges of the Valencia type;
"District” means any of the following (b). Valencia, Lue Gim Gong, and
areas in the State of Florida: similar late maturing oranges of the
(a) “Citrus District One" shall include Valencia type;
the Counties of Hillsborough, Pinellas, (c) Temple oranges;
and Manatee. (d) Marsh and other seedless grape
(b) “Citrus District Two" shall infruit, excluding pink grapefruit;
clude the Counties of Citrus, Sumter, (e) Duncan and other seeded grape- Lake, Hernando, and Pasco. fruit, excluding pink grapefruit;
(c) “Citrus District Three" shall in(f) Pink seedless grapefruit;
clude the Counties of Alachua, Putnam, (g) Pink seeded grapefruit;
St. Johns, Flagler, Marion, Levy, Sem(h) Tangelos;
inole, Duval, Nassau, Baker, Union,
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 include 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. $ 905.13 Regulation Area I.
"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 Flagier and Volusia Counties intersects said shore, thence follow the line between said two counties to the Southwest corner of Bection 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 Im
proved 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 ($ $ 51.750–51.783 of this title) 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 Com
mittee membership and term of
office. The Growers Administrative Com. mittee 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 handiers 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 ofice 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)