Subpart-Budget of Expenses and Rate of Assessment

§ 906.208

Expenses and rate of assessment and carryover of unexpended funds.

(a) Expenses. The expenses that are reasonable and likely to be incurred by the Texas Valley Citrus Committee during the period August 1, 1968, through July 31, 1969, will amount to $540,000.

(b) Rate of assessment. The rate of assessment for said period, payable by each handler in accordance with § 906.34, is fixed at $0.045 per 10-bushel carton, or equivalent quantity of oranges and grapefruit.

(c) Reserve. Unexpended assessment funds, in excess of expenses incurred during the fiscal period ended July 31, 1968, shall be carried over as a reserve in accordance with the applicable provisions of § 906.35(a) (2) of said marketing agreement and order.

[33 F.R. 18275, Dec. 10, 1968]

§ 906.340 Container and pack regulations.

(a) Order. Except as otherwise provided herein or by, or pursuant to, the provisions of Marketing Agreement No. 141, as amended, and this part, regulating the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas, no handler shall, on and after August 15, 1968, handle any fruit unless such fruit is in one or more of the following containers, and the pack of such fruit conforms to all applicable requirements of this section:

(1) Containers. (i) Closed wirebound wooden box with inside dimensions of 16 x 10 x 10 inches, described in Freight Container Tariff 2G as container No. 3672;

(ii) Closed fully telescopic fibreboard carton with inside dimensions of 161⁄2 x 1034 x 91⁄2 inches, described in Freight Container Tariff 2G as container No. 6506;

(iii) Closed fully telescopic fibreboard carton with inside dimensions of 1934 X 132 x 13 inches: Provided, That the cover section and bottom section each has a Mullen or Cady test of at least 250 pounds;

(iv) Bags having a capacity of 5, 8, or 20 pounds of fruit;

(v) Closed fibreboard carton with inside dimensions of 1934 x 13 inches and of a depth from 121⁄2 to 131⁄2 inches: Provided, That the container has a Mullen

or Cady test of at least 250 pounds and the container is used only for the shipment of six 8-pound bags of fruit;

(vi) Closed fibreboard carton with inside dimensions of 20 x 134 inches and of a depth from 934 to 1034 inches: Provided, That the container has a Mullen or Cady test of at least 250 pounds and the container is used only for the shipment of eight 5-pound bags of fruit;

(vii) Closed fibreboard carton with inside dimensions of 134 x 102 x 74 inches: Provided, That the container has a Mullen or Cady test of at least 200 pounds;

(viii) Closed wirebound wooden box with inside dimensions of 24516 x 11% X 11% inches, described in Freight Container Tariff 2G as container No. 3680;

(ix) Such other types and sizes of containers as may be approved by the Texas Valley Citrus Committee for testing in connection with a research project conducted by or in cooperation with the said committee: Provided, That the handling of each lot of fruit in such test containers shall be subject to prior approval, and under the supervision, of the Texas Valley Citrus Committee; and

(x) Those containers which on August 14, 1968, were authorized under § 906.311 Container and Pack Regulations, as then in effect (§ 906.311; 32 F.R. 13113; 33 F.R. 848) but which do not meet the requirements specified in this section may be used: Provided, That such handler had such containers on hand on August 14, 1968, and obtains written approval from the Texas Valley Citrus Committee prior to his use of such containers.

(2) Pack regulations—(i) Oranges. Oranges, when in any box, bag, or carton, shall be of a size within the diameter limits specified for one of the following pack sizes and when packed in boxes or cartons shall be packed in accordance with the requirements of standard pack, except that not to exceed 10 percent, by count, of such oranges may be outside such diameter limits:

(ii) Grapefruit. Grapefruit, when in any box, bag, or carton shall be of a size within the diameter limits specified for the various pack sizes for standard pack set forth in Table I of the U.S. Standards for Grapefruit (Texas and States other than Florida, California, and Arizona) (§§ 51.620-51.658 of this title), or be of a size within the diameter limits of the pack size specified in this paragraph, and when in boxes or cartons shall be packed in accordance with the requirements of standard pack, except that not to exceed 10 percent, by count, of such grapefruit may be outside such diameter limits:

Annual review and meeting.

Procedure.

Expenses and compensation.

Research and development.

EXPENSES AND ASSESSMENTS

(c) Meaning of terms. Terms used in the amended marketing agreement and order and this part shall, when used herein, have the same meaning as given to such terms in said amended marketing agreement and this part; and terms relating to grade, pack, standard pack, and diameter, when used herein, shall have the same meaning as given to such terms in the U.S. Standards for Oranges (Texas and States other than Florida, California, and Arizona) (§§ 51.68051.712 of this title), and the U.S. Standards for Grapefruit (Texas and States other than Florida, California, and Arizona) (§§ 51.620-51.658 of this title), as applicable; and "closed" means closed in accordance with good commercial practices.

Communications.

907.102 Nomination procedure.

907,103 Changes in nomination and selection of grower members and alternate grower members of the Navel Orange Administrative Committee.

STORAGE OF ORANGES WITHIN PRODUCTION AREA

907.105 Oranges stored within the produc

§ 907.2 Act.

"Act" means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended, 68 Stat. 906, 1047; 7 U.S.C. 601 et seq.).

[19 F.R. 8130, Dec. 10, 1954, as amended at 21 F.R. 4708, June 28, 1956]

"Person” means an individual, partnership, corporation, association, or any other business unit.

§ 907.4 Production area.

"Production area" means the State of Arizona and that part of the State of California south of a line drawn due east and west through the present post office in Red Bluff, Calif.

[33 F.R. 15471, Oct. 18, 1968] § 907.5 Oranges.

"Oranges" means those oranges belonging to the genus Citrus, species sinensis (Linnaeus) Osbeck, and characterized by being seedless and having a navel at the apex, commonly known as navels, and which are grown in the production area.

§ 907.6 Fiscal year.

"Fiscal year" means the twelve-month period ending October 31 of each year. § 907.7

Committee.

"Handle" means to buy, sell, consign, transport, or ship oranges (except as a common or contract carrier of oranges owned by another person), or in any other way to place oranges in the current of commerce, between the State of California and any point outside thereof

in the continental United States, Alaska, or Canada, or within the State of California, or between the State of Arizona and any point outside thereof in the continental United States, Alaska, or Canada, or within the State of Arizona. The term "handle" does not include (a) the sale of oranges on the tree; (b) the transportation of oranges to a packinghouse for the purpose of having such oranges prepared for market and such preparation for market; (c) the storage of oranges within the production area under such rules and regulations as the committee, with the approval of the Secretary, may prescribe; or (d) the sale of oranges at retail by a person in his capacity as such retailer.

§ 907.11 Oranges available for current shipment.

"Oranges available for current shipment" means all oranges as measured by the total tree crop.

§ 907.12 Tree crop.

"Tree crop" means the total quantity of oranges on the trees as determined by the committee.

§ 907.13 Early maturity oranges.

"Early maturity oranges" means any oranges that have reached maturity, as measured by applicable State laws, in advance of general maturity in the same prorate district.

§ 907.14 General maturity.

"General maturity" shall have been reached in any prorate district at such time as the committee determines that allotment shall be distributed to all handlers in such prorate district. § 907.15

Carton.

"Carton" means the standard container number 58 as defined in section 828.83 of the Agricultural Code of California, as amended, of a capacity of approximately 381⁄2 pounds of oranges, or such other container and capacity as may be established by the committee with the approval of the Secretary, or the equivalent thereof.

[21 F.R. 4708, June 28, 1956]

§ 907.16 Central marketing organization. "Central marketing organization" means any organization which markets oranges for more than one handler pursuant to a written contract between such organization and each such handler.

There is hereby established a Navel Orange Administrative Committee consisting of 11 members, for each of whom there shall be one alternate, and for each grower member an additional alternate. Six of the members and their respective alternates shall be growers. Four of the members and their respective alternates shall be handlers, or employees of handlers, or employees of central marketing organizations. One member of the committee and an alternate of such member shall be nominated as provided in § 907.22(f). The six members of the committee who shall be growers are referred to in this part as "grower" members of the committee and the four members who shall be handlers, or employees of handlers, or employees of central marketing organizations are referred to in this part as "handler" members of the committee.

[27 F.R. 19 F.R. 8130, Dec. 10, 1954, as amended at 27 F.R. 10088, Oct. 13, 1962; 33 F.R. 15471, Oct. 18, 1968]

§ 907.21 Term of office.

The term of office of each initial member and alternate member of the committee shall begin on October 1, 1953, and shall terminate on October 31, 1954. The term of office of each subsequent member and alternate member of the committee shall be for a period of two years, and such terms shall begin on October 1 of each even-numbered year: Provided, That such members and alternates shall serve in such capacities for the portion of the term of office for which they are selected and qualify and until their respective successors are selected and have qualified.

[19 F.R. 8130, Dec. 10, 1954, as amended at 21 F.R. 4708, June 28, 1956]

(a) The time and manner of nominating members, alternate members, and additional alternate members of the committee shall be prescribed by the Secretary.

(b) Any cooperative marketing organization, or the growers affiliated therewith, which handled more than 50 percent of the total volume of oranges during the fiscal year in which nominations for members and alternate members of the committee are submitted shall nominate three grower members, three alternate grower members, three additional alternate grower members, two handler members, and two alternate handler members of the committee.

(c) All cooperative marketing organizations which market oranges and which are not qualified under paragraph (b) of this section, or growers affiliated therewith, shall nominate one grower member, one alternate grower member, one additional alternate grower member, one handler member, and one alternate handler member.

(d) All growers who are not affiliated with a cooperative marketing organization which markets oranges shall nominate two grower members, two alternate grower members, two additional grower members, one handler member, and one alternate handler member.

(e) When voting for nominees, each grower shall be entitled to cast one vote which shall be cast on behalf of himself, his agents, subsidiaries, affiliates, and representatives. The votes of cooperative marketing organizations voting pursuant to paragraph (c) of this section shall be weighted in accordance with the volume of oranges handled during the fiscal year in which such nominations are made.

(f) The members of the committee selected by the Secretary pursuant to § 907.23 shall meet on a date designated by the Secretary and, by a concurring vote of at least six members, shall nominate a member and an alternate member of the committee, which persons shall not be growers or handlers, or employees, agents, or representatives of a grower or handler (other than a charitable or educational institution which is a grower or handler), or of a central marketing organization.

[19 F.R. 8130, Dec. 10, 1954, as amended at 26 F.R. 12751, Dec. 30, 1961; 33 F.R. 15471, Oct. 18, 1968]

From the nominations made pursuant to § 907.22(b) or from other qualified growers and handlers, the Secretary shall select three grower members of the committee, an alternate and an additional alternate to each of such grower members; also two handler members of the committee and an alternate to each of such handler members. From the nominations made pursuant to § 907.22 (c) or from other qualified growers and handlers the Secretary shall select one grower member of the committee, an alternate and an additional alternate to such grower member; also one handler member of the committee and an alternate to such handler member. From the nominations made pursuant to § 907.22 (d) or from other qualified growers and handlers the Secretary shall select two grower members of the committee, an alternate and an additional alternate to each of such grower members; also one handler member of the committee and an alternate to such handler member. From the nominations made pursuant to § 907.22(f) or from other qualified persons the Secretary shall select one member of the committee and an alternate to such member.

[33 F.R. 15472, Oct. 18, 1968]

§ 907.24 Failure to nominate.

If nominations are not made within the time and in the manner specified by the Secretary pursuant to § 907.22(a), the Secretary may, without regard to nominations, select the members and alternate members of the committee on the basis of the representation provided for in § 907.23.

Any person selected by the Secretary as a member or as an alternate member of the committee shall qualify by filing a written acceptance with the Secretary within ten days after being notified of such selection.

§ 907.26 Vacancies.

To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify or in the event of the death, removal, resignation, or disqualification of any member or alternate member of the committee, a successor to the unexpired term of such member or alternate member of the committee shall