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Title 7Agriculture

(This book contains Parts 900 to 944)

SUBTITLE B-REGULATIONS OF THE DEPARTMENT OF AGRICULTURE,

(Continued):

Part

CHAPTER IX—Consumer and Marketing Service (Marketing Agreements and

Orders; Fruits, Vegetables, Nuts), Department of Agriculture

900

CHAPTER IX-CONSUMER AND MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts)

DEPARTMENT OF AGRICULTURE

(Parts 900 to 944)

Part 900 905 906 907 908 909

910 911 912 913 915 916 917 918 919 920 921 922 923 924

General regulations.
Oranges, grapefruit, tangerines, and tangelos grown in Florida.
Oranges and grapefruit grown in Lower Rio Grande Valley in Texas.
Navel oranges grown in Arizona and designated part of California.
Valencia oranges grown in Arizona and designated part of California.
Grapefruit grown in Arizona; in Imperial County, Calif.; and in that part

of Riverside County, Calif., situated south and east of White Water,

Calif.
Lemons grown in California and Arizona.
Limes grown in Florida.
Grapefruit grown in the Indian River District in Florida.
Grapefruit grown in the Interior District in Florida.
Avocados grown in South Florida. .
Nectarines grown in California.
Fresh pears, plums, and peaches grown in California.
Fresh peaches grown in Georgia.
Peaches grown in Mesa County, Colo.
Peaches grown in Utah.
Fresh peaches grown in designated counties in Washington.
Apricots grown in designated counties in Washington.
Sweet cherries grown in designated counties in Washington.
Fresh prunes grown in designated counties in Washington and in Umatilla

County, Oregon.
Fresh prunes grown in designated counties in Idaho and in Malheur

County, Oregon.
Tokay grapes grown in San Joaquin County, California.
Beurre d'Anjou, Beurre Bosc, Winter Nelis, Doyenne du Comice, Beurre

Easter, and Beurre Clairgeau varieties of pears grown in Oregon, Wash

ington, and California. Cranberries grown in States of Massachusetts, Rhode Island, Connecticut,

New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and

Long Island in the State of New York.
Fresh Bartlett pears grown in Oregon and Washington.
Olives grown in California.
Fruits; Import Regulations.

925

926 927

929

931 932 944

Sec. 900.102 Filing of applications for mediation

or arbitration. 900.103 Application for medlation. 900.104 Inquiry by the Administrator. 900.105 Notification. 900.106 Assignment of mediator. 900.107 Meetings. 900.108 Mediator's report. 900.109 Mediation agreement. 900.110 Application for arbitration. 900.111 Inquiry by the Administrator. 900.112 Notification. 900.113 Submission. 900.114 Designation of arbitrator. 900.115 Hearing. 900.116 Award. 900.117 Approval of award. 900.118 Costs.

PART 900-GENERAL REGULATIONS Subpart-Rules of Practice and Procedure Gov

erning Proceedings To Formulate Marketing

Agreements and Marketing Orders Sec. 900.1 Words in the singular form. 900.2 Definitions. 900.3 Proposals. 900.4 Institution of proceeding. 900.5 Docket number. 900.6 Presiding officers. 900.7 Motions and requests. 900.8 Conduct of the hearing. 900.9 Oral and written arguments. 900.10 Certification of the transcript. 900.11 Copies of the transcript. 900.12 Administrator's recommended deci

sion. 900.18 Submission to Secretary. 900.13a Decision by Secretary. 900.14 Execution of marketing agreement

and issuance of marketing order. 900.16 Fillag; extensions of time; effective

date of filing; and computation of

time. 900.16 Discussion of issues, etc., of proceed

ing prohibited. 900.17 Additional documents to be filed with

hearing clerk. 900.18 Hearing before Secretary. Subpart-Rules of Practice Governing Proceedings

on Petitions To Modify or To Be Exempted

From Marketing Orders 900.50 Words in the singular form. 900.51 Definitions. 900.52 Institution of proceeding. 900.52a Answer to petition. 900.52b Amended pleadings. 900.58 Withdrawal of petition, 900.54 Docket number. 900.55 Presiding officers. 900.56 Consolidated bearings. 900.57 Intervention, 900.58 Prehearing conferences. 900.59 Motions and requests. 900.60 Oral hearings before presiding oficer. 900.61 Depositions. 900.62 Subpenas. 900.63 Fees and mileage. 900.64 The presiding oficer's report. 900.65 Transmittal of record. 900.66 Argument before Secretary. 900.67 Consideration and issuance of order. 900.68 Applications for reopening hearings;

Subpart-Miscellaneous Regulations 900.200 Definitions. 900.201 Investigation and disposition of

alleged violations. 900.210 Disclosures of information. 900.211 Penalties. Subpart-Procedure for Conduct of Referenda to

Determine Producer Approval of Milk Marketing Orders To Be Made Effective Pursuant to Agricultural Marketing Agreement Act of 1937,

as Amended 900.300 General. 900.301 Definitions. 90 02 Associations eligible to vote. 900.303 Conduct of referendum. 900.304 Who may vote. 900.305 Duties of referendum agent. 900.306 Notice of the referendum. 900.307 Time for voting. 900.308 Tabulation of ballots. 900.309 Confidential information. 900.310 Supplementary instructions. 900.311 Submittals or requests. Subpart-Procedure for Determining the Quali

fication of Cooperative Milk Marketing

Associations 900.350 General statement. 900.351 Applications for qualification. 900.352 Confidential information. 900.353 Qualification standards. 900.354 Inspection and investigation. 900.355 Annual reporting. 900.356 Listing of qualified associations. 900.357 Denial of application; suspension or

for rehearings or rearguments of
proceedings; or for reconsideration

of orders.
900.69 Filing; service; extensions of time;

effective date of filing; and com

putation of time. 900.70 Applications for interim relief. 900.71 Hearing before Secretary. Subpart—Procedure Governing Meetings To Arbi

trate and Mediate Disputes Relating to Sales

of Milk or Its Products 900.100 Words in the singular form. 900.101 Definitions.

revocation of determination of

qualification. 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
900.400 General.
900.401 Definitions.
900.402 Voting.
900.403 Instructions.
900.404 Subagents.

Sec. 900.405 Ballots. 900.406 Referendum report. 900.407 Confidential information.

Subpart-Public Information AVAILABILITY OF PROGRAM INFORMATION, STAFF

MANUALS AND INSTRUCTIONS, AND RELATED MATERIAL

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900.500 Sources of program information. 900.501 Availability of program information 900.502 Staff manuals and instructions 900.503 Index 900.504 Facilities for inspection; copies

DISCLOSURE OF IDENTIFIABLE RECORDS 900.510 Requests 900.511 Delegation of authority 900.512 Available records 900.513 Exempt records 900.514 Determinations 900.515 Appeals 900.516 Inspection and copies

SOURCE: The provisions of this part 900 appear at 25 F.R. 5907, June 28, 1960, unless otherwise noted. Subpart-Rules of Practice and Pro

cedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders AUTHORITY: $$ 900.1 to 900.18 issued under bec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610. $ 900.1 Words in the singular form.

Words in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. $ 900.2 Definitions.

As used in this subpart, the terms as defined in the act shall apply with equal force and effect. In addition, unless the context otherwise requires:

(a) The term “act" means Public Act No. 10, 73d Congress (48 Stat. 31), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 (50 Stat. 246), as amended.

(b) The term "Department" means the United States Department of Agriculture.

(c) The term "Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(d) The term "examiner" means any examiner in the Office of Hearing Examiners, United States Department of Agriculture.

(e) The term “Administrator" means the Administrator of the Consumer and Marketing Service, with power to redelegate, or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act in his stead.

(f) [Reserved)

(g) The term “FEDERAL REGISTER" means the publication provided for by the act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto and amendatory thereof.

(h) The term "hearing" means that part of the proceeding which involves the submission of evidence.

(i) The term "marketing agreement" means any marketing agreement or any amendment thereto which may be entered into pursuant to section 8b of the act.

(j) The term "marketing order" means any' order or any amendment thereto which may be issued pursuant to section 8c of the act, and after notice and hearing as required by said section.

(k) The term “proceeding" means a proceeding upon the basis of which a marketing agreement may be entered into or a marketing order may be issued.

(1) The term "hearing clerk” means the hearing clerk, United States Department of Agriculture, Washington, D.C.

(m) The term “presiding officer" means the examiner conducting a proceeding under the act. (25 F.R. 5907, June 28, 1960, as amended at 26 F.R. 7796, Aug. 22, 1961, 28 FR. 579, Jan. 23, 1963) 8 900.3 Proposals.

(a) A marketing agreement or a marketing order may be proposed by the Secretary or by any other person. If any person other than the Secretary proposes a marketing agreement or marketing order, he shall file with the Administrator a written application, together with at least four copies of the proposal, requesting the Secretary to hold a hearing upon the proposal. Upon receipt of such proposal, the Administrator shall cause such investigation to be made and such consideration thereof to be given as, in his opinion, are warranted. If the investigation and consideration lead the Administrator to conclude that the proposed marketing agreement

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