be shipped by a handler during a particular week shall be established as a percentage of the total shipments of such variety by such handler during such week of the regulation period.

(2) Limit the shipment of any variety by establishing and maintaining, only in terms of grades or sizes, or both, minimum standards of quality and maturity;

(3) Limit the shipment of the total quantity of any variety by prohibiting the shipment thereof: Provided, That no such prohibition shall apply to exports other than to Canada or Mexico or be effective during any fiscal period with respect to any variety (i) for more than two periods, (ii) for more than a total of fourteen days, and (iii) during any period other than December 20 to January 20, both dates inclusive;

(4) Provide that exports of any variety, other than to Canada and Mexico, shall be limited to grades and sizes different from the grade and size limitation applicable to shipments of such variety in the United States, or to Canada and Mexico, and specify condition requirements for such variety; and

(5) Fix the size, capacity, weight, dimensions, or pack of the container or containers which may be used in the shipment of fruit for export, other than to Canada and Mexico: Provided, That such regulation shall not authorize the use of any container which is prohibited for use for fruit under the provisions of the Florida Citrus Code.

(b) Prior to the beginning of any such regulations, the Secretary shall notify the Growers Administrative Committee of the regulation issued by him, which committee shall notify all handlers by mailing a copy thereof to each handler who has filed his address with said committee for this purpose.

(c) Whenever the Secretary finds from the recommendations and reports of the Shippers Advisory Committee and the Growers Administrative Committee, or from other available information, that a regulation should be modified, suspended, or terminated with respect to any or all shipments of fruit in order to effectuate the declared policy of the act, he shall so modify, suspend, or terminate such regulation. If the Secretary finds that a regulation obstructs or does not tend to effectuate the declared policy of the act, he shall suspend or terminate such regulation. On the same basis, and in like manner, the Secretary may ter

minate any such modification or suspension.

(d) Whenever any variety is regulated pursuant to paragraph (a) (3) of this section, no such regulation shall be deemed to limit the right of any person to sell, contract to sell, or export other than to Canada or Mexico such variety but no handler shall otherwise ship any fruit of such variety which was prepared for market during the effective period of such regulation.

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

§ 905.53 Inspection and certification.

(a) Whenever the handling of a variety of a type of fruit is regulated pursuant to § 905.52, each handler who handles any variety of such type of fruit shall, prior to the handling of any lot of such variety, cause such lot to be inspected by the Federal-State Inspection Service and certified by it as meeting all applicable requirements of such regulation: Provided, That such inspection and certification shall not be required if the particular lot of fruit previously had been so inspected and certified unless such prior inspection was not performed within such time limitations as may beprescribed pursuant to paragraph (b) of this section. Each handler shall promptly submit, or cause to be submitted, to the Growers Administrative Committee a copy of each certificate of inspection issued to him covering varieties so handler.

(b) With respect to any variety regulated pursuant to § 905.52(a)(4), the Growers Administrative Committee may prescribe, with the approval of the Secretary, such requirements with respect to time of inspection as it may deem necessary to insure satisfactory condition of the fruit at time of export. § 905.54 Exemptions.

(a) In the event any variety is regulated pursuant to § 905.52, the Growers Administrative Committee shall issue one or more exemption certificates to any producer who furnishes adequate evidence to the said committee that he will be prevented from having as large a proportion of such variety of his fruit shipped during the remainder of the shipping season for the variety, as the proportion announced by the said committee pursuant to § 905.50. Such exemption certificates shall permit such

producer to have a quantity of the particular variety of fruit shipped as will permit such producer to have the said proportion of such variety of his fruit shipped during the remainder of the shipping season thereof. The Growers Administrative Committee shall adopt and announce the procedural rules by which such exemption certificates will be issued to producers. The Secretary shall have the right to modify, change, or alter any such procedural rules and .any exemption granted under this section.

(b) Before issuing an exemption certificate to any producer for any variety of fruit, the Growers Administrative Committee shall determine (1) the producer's remaining crop of the variety, and the grades and sizes thereof, and (2) the total quantity of such variety the producer has disposed of during the season, and the grades and sizes thereof. HANDLERS' REPORTS

§ 905.70 Manifest report.

The Growers Administrative Committee may request information from each handler regarding the variety, grade, and size of each standard packed box of fruit shipped by him and may require such information to be mailed or delivered to the said committee or its duly authorized representative, within 24 hours after such shipment is made, in a manner or by such method as the said committee may prescribe, and upon such forms as may be prepared by it.

905.71 Other information.

Upon request of the Growers Administrative Committee, made with the approval of the Secretary, every handler shall furnish such committee, in such manner and at such times as it prescribes, such other information as will enable it to perform its duties under this subpart.

MISCELLANEOUS PROVISIONS

essor for conversion by such processor into canned or frozen products or into a beverage base; (d) by parcel post; or (e) in such minimum quantities, types of shipments, or for such purposes as the Growers Administrative Committee with the approval of the Secretary may specify. No assessment shall be levied on fruit so shipped. The committee shall, with the approval of the Secretary, prescribe such rules, regulations, or safeguards as it may deem necessary to prevent varieties handled under the provisions of this section from entering channels of trade for other than the purposes authorized by this section. Such rules, regulations, and safeguards may include the requirements that handlers shall file applications with the committee for authorization to handle a variety pursuant to this section, and that such applications be accompanied by a certification by the intended purchaser or receiver that the variety will not be used for any purpose not authorized by this section.

§ 905.81 Compliance.

Except as provided in this part, no person shall ship fruit the shipment of which has been prohibited by the Secretary in accordance with the provisions of this part.

§ 905.82 Effective time.

The provisions of this subpart shall become effective on and after 12:01 a.m., e.s.t., September 1, 1946, and shall continue in force until terminated in one of the ways specified in § 905.83.

§ 905.83 Termination.

(a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in any other manner which he may determine.

(b) The Secretary shall terminate the provisions of this part at the end of any fiscal period whenever he finds that such termination is favored by a majority of producers who, during the preceding fiscal period, have been engaged in the production for market of fruit: Provided, That such majority have, during such period, produced for market more than 50 percent of the volume of such fruit produced for market, but such termination shall be effective only if announced on or before July 31 of the then current fiscal period.

(c) The provisions of this part shall, in any event, terminate whenever the provisions of the act authorizing it cease to be in effect.

§ 905.84 Proceedings after termination. (a) Upon the termination of the provisions of this part, the then functioning members of the Growers Administrative Committee shall continue as joint trustees, for the purpose of liquidating the affairs of the said committee, of all the funds and property then in the possession of or under control of such administrative committee, including claims for any funds unpaid or property not delivered at the time of such termination.

(b) The said trustees (1) shall continue in such capacity until discharged by the Secretary, (2) shall, from time to time, account for all receipts and disbursements or deliver all property on hand, together with all books and records of the Growers Administrative Committee and of the joint trustees, to such person as the Secretary may direct; and (3) shall, upon the request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person full title and right to all of the funds, property, and claims vested in the Growers Administrative Committee, or the joint trustees pursuant to this part.

(c) Any funds collected pursuant to § 905.41, over and above the amounts necessary to meet outstanding obligations and expenses necessarily incurred during the operation of this part and during the liquidation period, shall be returned to handlers as soon as practicable after the termination of this part. The refund to each handler shall be represented by the excess of the amount paid by him over and above his pro rata share of the expenses.

(d) Any person to whom funds, property, or claims have been transferred or delivered by the Growers Administrative Committee or its members, pursuant to this section, shall be subject to the same obligations imposed upon the members of said committee and upon the said joint trustees.

§ 905.85 Duration of immunities.

The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon its termination, except with respect to acts done under and during the existence of this part.

The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or name any bureau or division in the United States Department of Agriculture, to act as his agent or representative in connection with any of the provisions of this part.

§ 905.87 Derogation.

Nothing contained in this part is, or shall be construed to be in derogation or in modification of the rights of the Secretary or of the United States (a) to exercise any powers granted by the act or otherwise, or (b) in accordance with such powers, to act in the premises whenever such action is deemed advisable. § 905.88 Personal liability.

No member or alternate of the committees, nor any employee or agent thereof, shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any handler or to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member, alternate, or employee, except for acts of dishonesty.

§ 905.89 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

SOURCE: §§ 905.120 to 905.140 appear at 17 F.R. 1333, Feb. 12, 1952, except as otherwise noted. Redesignated at 26 F.R. 12751, Dec. 30, 1961.

as to eligibility for voting for nominees and the procedure for balloting, and shall explain the duties of the committees under §§ 905.1 through 905.89, inclusive.

(b) A chairman and a secretary of each meeting shall be selected.

(c) At each meeting there shall be presented for nomination and there shall be nominated not less than the number of nominees required under the provisions of §§ 905.21, 905.22, 905.24, and 905.25, all of whom shall have the qualifications therein provided.

(d) At the meetings of handlers, any person authorized to represent a handler may cast a ballot for such handler.

(e) At each meeting there may be cast at least one ballot for at least the number of persons required to be nominated to represent the several districts or groups, as the case may be.

(f) All voting shall be by ballot and all ballots shall be delivered by the chairman or the secretary of the meeting to the agent of the Secretary.

§ 905.125 Redefinition of districts.

(a) "Citrus District One" shall include the Counties of Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and Lake.

(b) "Citrus District Two" shall include the Counties of Osceola, Orange, Seminole, Alachua, Putnam, St. Johns, Flagler, Marion, Levy, Duval, Nassau, Baker, Union, Bradford, Columbia, Clay, Gilchrist, and Suwannee, and County Commissioner's Districts One, Two, and Three of Volusia County, and that part of the Counties of Indian River and Brevard not included in Regulation Area II.

(c) "Citrus District Three" shall include the County of St. Lucie and that part of the Counties of Brevard, Indian River, Martin, and Palm Beach described as lying within Regulation Area II, and County Commissioner's Districts Four and Five of Volusia County.

(d) "Citrus District Four" shall include the Counties of Manatee, Sarasota, Hardee, Highlands, Okeechobee, Glades, De Soto, Charlotte, Lee, Hendry, Collier, Monroe, Dade, Broward, and that part of the Counties of Palm Beach and Martin not included in Regulation Area II.

(e) "Citrus District Five" shall include the County of Polk.

[31 F.R. 4106, Mar. 9, 1966]

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

(a) Two (2) members and their respective alternates shall be producers of citrus in District 1;

(b) Two (2) members and their respective alternates shall be producers of citrus in District 2;

(c) Two (2) members and their respective alternates shall be producers of citrus in District 3;

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

(e) Two (2) members and their respective alternates shall be producers of citrus in District 5.

[31 F.R. 4107, Mar. 9, 1966]

EXEMPTIONS

§ 905.130 Exemption certificates.

The following shall apply when exemption certificates are issued:

(a) The producer should make application for exemption on the form prescribed by, and available at the office of, the Growers Administrative Committee. The following information shall be furnished by the applicant:

(1) Name and address of applicant. (2) Location and description of grove. (3) Variety for which exemption is requested.

(4) Regulation from which exemption is requested.

(5) Number of trees and age of trees of variety for which exemption is requested.

(6) Total crop of variety for which exemption is requested.

(7) Number of boxes of variety for which exemption is requested which remain to be harvested.

(8) Estimate of the number of boxes of the crop remaining that will grade U.S. No. 1, U.S. Nc. 2, U.S. No. 3, and culls as such grades are defined in the U.S. Standards for Citrus Fruits.

(9) Indicate whether fruit averages large, medium, or small in size.

(10) Number of boxes of variety, for which exemption is requested which have been sold or otherwise disposed of, and to whom.

(11) Remarks, if any.

(12) Signature of applicant.

(b) The information furnished by the producer pursuant to paragraph (a) of this section will be investigated by a crop estimator of the Growers Administrative Committee.

§ 905.131 Issuance of certificates.

(a) If it is determined from the available information that the applicant is entitled to an exemption for a quantity of fruit, the manager of the Growers Administrative Committee shall issue on behalf of the committee one or more exemption certificate to such producer pursuant to § 905.54.

(b) If it is determined from the available information that the applicant is not entitled to an exemption, he will be informed by written notice why the application was not granted.

Any producer receiving an exemption certificate shall immediately report the shipment of any portion of the fruit covered by such exemption certificate. NON-REGULATED FRUIT

§ 905.140 Gift packages.

During any day any handler may, without regard to the provisions of § 905.52 and § 905.53 and the regulations issued thereunder, ship any variety for the following purpose, and in the following quantity, and types of shipment: (a) To any person one gift package containing such variety, individually addressed to such person, not in excess of one standard packed box if such package is shipped direct to the addressee for use by such person other than for resale; or (b) to any distributor individually addressed gift packages of such variety not in excess of one standard packed box each for distribution by such distributor to the respective addressee, but not for resale.

[22 F.R. 10740, Dec. 27, 1957] § 905.145

ments.

Certification of certain ship

Whenever a regulation pursuant to § 905.52 restricts the shipment of a portion of a specified grade or size of a variety, each handler shipping such variety during the regulation period shall, with respect to each such shipment, certify to the U.S. Department of Agriculture and the Growers Administrative Committee the quantity of the partially restricted grade or size, or both, contained in such shipment. Such certification

shall accompany the manifest of such shipment which the handler furnishes to the Federal-State Inspection Service. [30 F.R. 14488, Nov. 19, 1965] Subpart Budget of Expenses and Rate of Assessment

§ 905.206 Expenses and rate of assess

ment.

(a) Expenses: Expenses that are reasonable and likely to be incurred by the Growers Administrative Committee during the period August 1, 1967, through July 31, 1968, will amount to $145,000.

(b) Rate of assessment: The rate of assessment for said period, payable by each handler in accordance with § 905.41, is fixed at $0.005 per standard packed box of fruit.

(c) Terms used in the amended marketing agreement and order shall, when used herein, have the same meaning as is given to the respective term in said amended marketing agreement and order.

[32 F.R. 16097, Nov. 23, 1967]