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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:10.1.1.1.1.1.1.1 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.1 Words in the singular form. | AMS | Words in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. | |||||
| 7:7:10.1.1.1.1.1.1.10 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.10 Oral and written arguments. | AMS | (a) Oral argument before the judge. Oral argument before the judge shall be in the discretion of the judge. Such argument, when permitted, may be limited by the judge to any extent that the judge finds necessary for the expeditious disposition of the proceeding and shall be reduced to writing and made part of the transcript. (b) Briefs, proposed findings, and conclusions. The judge shall announce at the hearing a reasonable period of time within which interested persons may file with the hearing clerk proposed findings and conclusions, and written arguments or briefs, based upon the evidence received at the hearing, citing, where practicable, the page or pages of the transcript of the testimony where such evidence appears. Factual material other than that adduced at the hearing or subject to official notice shall not be alluded to therein, and, in any case, shall not be considered in the formulation of the order. If the person filing a brief desires the Secretary to consider any objection made by such person to a ruling of the judge, as provided in § 1200.9(d), that person shall include in the brief a concise statement concerning each such objection, referring, where practicable, to the pertinent pages of the transcript. | |||||
| 7:7:10.1.1.1.1.1.1.11 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.11 Certification of the transcript. | AMS | The judge shall notify the hearing clerk of the close of a hearing as soon as possible thereafter and of the time for filing written arguments, briefs, proposed findings, and proposed conclusions and shall furnish the hearing clerk with such other information as may be necessary. As soon as possible after the hearing, the judge shall transmit to the hearing clerk an original and three copies of the transcript of the testimony and the original and all copies of the exhibits not already on file in the office of the hearing clerk. The judge shall attach to the original transcript of the testimony a certificate stating that, to the best of the judge's knowledge and belief, the transcript is a true transcript of the testimony given at the hearing, except in such particulars as the judge shall specify, and that the exhibits transmitted are all the exhibits as introduced at the hearing with such exceptions as the judge shall specify. A copy of such certificate shall be attached to each of the copies of the transcript of testimony. In accordance with such certificate the hearing clerk shall note upon the official record copy, and cause to be noted on other copies of the transcript, each correction detailed therein by adding or crossing out (but without obscuring the text as originally transcribed) at the appropriate place any words necessary to make the same conform to the correct meaning, as certified by the judge. The hearing clerk shall obtain and file certifications to the effect that such corrections have been effectuated in copies other than the official record copy. | |||||
| 7:7:10.1.1.1.1.1.1.12 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.12 Copies of the transcript. | AMS | [47 FR 44684, Oct. 8, 1982, as amended at 67 FR 10830, Mar. 11, 2002] | (a) During the period in which the proceeding has an active status in the Department, a copy of the transcript and exhibits shall be kept on file in the office of the hearing clerk where it shall be available for examination during official hours of business. Thereafter said transcript and exhibits shall be made available by the hearing clerk for examination during official hours of business after prior request and reasonable notice to the hearing clerk. (b) Transcripts of hearings shall be made available to any person at actual cost of duplication. | ||||
| 7:7:10.1.1.1.1.1.1.13 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.13 Administrator's recommended decision. | AMS | (a) Preparation. As soon as practicable following the termination of the period allowed for the filing of written arguments or briefs and proposed findings and conclusions the Administrator shall file with the hearing clerk a recommended decision. (b) Contents. The Administrator's recommended decision shall include: (1) a preliminary statement containing a description of the history of the proceedings, a brief explanation of the material issues of fact, law, or discretion presented on the record, and proposed findings and conclusions about such issues, including the reasons or basis for such proposed findings; (2) a ruling upon each proposed finding or conclusion submitted by interested persons; and (3) an appropriate proposed order effectuating the Administrator's recommendations. (c) Exceptions to recommended decision. Immediately following the filing of the recommended decision, the Administrator shall give notice thereof and opportunity to file exceptions thereto by publication in the Federal Register. Within a period of time specified in such notice any interested person may file with the hearing clerk exceptions to the Administrator's proposed order and a brief in support of such exceptions. Such exceptions shall be in writing, shall refer, where practicable, to the related pages of the transcript, and may suggest appropriate changes in the proposed order. (d) Omission of recommended decision. The procedure provided in this section may be omitted only if the Secretary finds on the basis of the record that due and timely execution of the Secretary's functions imperatively and unavoidably requires such omission. | |||||
| 7:7:10.1.1.1.1.1.1.14 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.14 Submission to Secretary. | AMS | Upon the expiration of the period allowed for filing exceptions or upon request of the Secretary, the hearing clerk shall transmit to the Secretary the record of the proceeding. Such record shall include: All motions and requests filed with the hearing clerk and rulings thereon; the certified transcript; any proposed findings or conclusions or written arguments or briefs that may have been filed; the Administrator's recommended decision, if any; and such exceptions as may have been filed. | |||||
| 7:7:10.1.1.1.1.1.1.15 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.15 Decision by the Secretary. | AMS | After due consideration of the record, the Secretary shall render a decision. Such decision shall become a part of the record and shall include: (a) a statement of findings and conclusions, including the reasons or basis for such findings, upon all the material issues of fact, law, or discretion presented on the record, (b) a ruling upon each proposed finding and proposed conclusion not previously ruled upon in the record, (c) a ruling upon each exception filed by interested persons, and (d) either (1) denial of the proposal to issue an order, or (2) if the findings upon the record so warrant, an order, the provisions of which shall be set forth and such order shall be complete except for its effective date and any determinations to be made under § 1200.16: Except that such order shall not be executed, issued, or made effective until and unless the Secretary determines that the requirements of § 1200.16 have been met. | |||||
| 7:7:10.1.1.1.1.1.1.16 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.16 Execution of the order. | AMS | (a) Issuance of the order. The Secretary shall, if the Secretary finds that it will tend to effectuate the purposes of the Act, issue and make effective the order which was filed as part of the Secretary's decision pursuant to § 1200.15: Except that the issuance of such order shall have been approved or favored by eligible voters as required by the applicable Act. (b) Effective date of order. No order shall become effective in less than 30 days after its publication in the Federal Register, unless the Secretary, upon good cause found and published with the order, fixes an earlier effective date. (c) Notice of issuance. After issuance of the order, such order shall be filed with the hearing clerk, and notice thereof, together with notice of the effective date, shall be given by publication in the Federal Register. | |||||
| 7:7:10.1.1.1.1.1.1.17 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.17 Filing, extension of time, effective date of filing, and computation of time. | AMS | [47 FR 44684, Oct. 8, 1982, as amended at 67 FR 10830, Mar. 11, 2002] | (a) Number of copies. Except as provided otherwise herein, all documents or papers required or authorized by the foregoing provisions hereof to be filed with the hearing clerk shall be filed in quadruplicate. Any documents or papers so required or authorized to be filed with the hearing clerk shall be filed with the judge during the course of an oral hearing. (b) Extension of time. The time for filing of any document or paper required or authorized by the foregoing provisions to be filed may be extended by the judge (before the record is so certified by the judge) or by the Administrator (after the record is so certified by the judge but before it is transmitted to the secretary), or by the Secretary (after the record is transmitted to the secretary) upon request filed, and if, in the judgment of the judge, Administrator, or the Secretary, as the case may be, there is good reason for the extension. All rulings made pursuant to this paragraph shall be filed with the hearing clerk. (c) Effective date of filing. Any document or paper required or authorized in this subpart to be filed shall be deemed to be filed at the time it is received by the Hearing Clerk. (d) Computation of time. Each day, including Saturdays, Sundays, and legal public holidays, shall be included in computing the time allowed for filing any document or paper: Provided, That when the time for filing a document or paper expires on a Saturday, Sunday, or legal public holiday, the time allowed for filing the document or paper shall be extended to include the following business day. | ||||
| 7:7:10.1.1.1.1.1.1.18 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.18 Ex parte communications. | AMS | (a) At no stage of the proceeding following the issuance of a notice of hearing and prior to the issuance of the Secretary's decision thereon shall an employee of the Department who is or may reasonably be expected to be involved in the decision process of the proceeding discuss ex parte the merits of the proceeding with any person having an interest in the proceeding or with any representative of such person: Except that procedural matters and status reports shall not be included within the limitation: And except further that an employee of the Department who is or may reasonably be expected to be involved in the decisional process of the proceeding may discuss the merits of the proceeding with such a person if all parties known to be interested in the proceeding have been given notice and an opportunity to participate. A memorandum of any such discussion shall be included in the record of the proceeding. (b) No person interested in the proceeding shall make or knowingly cause to be made to an employee of the Department who is or may reasonably be expected to be involved in the decisional process of the proceeding an ex parte communication relevant to the merits of the proceeding except as provided in paragraph (a) of this section. (c) If an employee of the Department who is or may reasonably be expected to be involved in the decisional process of the proceeding receives or makes a communication prohibited by this section, the Department shall place on the public record of the proceeding: (1) All such written communications; (2) Memoranda stating the substance of all such oral communications; and (3) All written responses, and memoranda, stating the substance of all oral responses thereto. (d) Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this section, the Department may, to the extent consistent with the interest of justice and the policy of the underlying statute, take whatever steps are deemed necessary to nullify the effect of such communicatio… | |||||
| 7:7:10.1.1.1.1.1.1.19 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.19 Additional documents to be filed with hearing clerk. | AMS | In addition to the documents or papers required or authorized by the foregoing provisions of this subpart to be filed with the hearing clerk, the hearing clerk shall receive for filing and shall have custody of all papers, reports, records, orders, and other documents which relate to the administration of any order and which the Secretary is required to issue or to approve. | |||||
| 7:7:10.1.1.1.1.1.1.2 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.2 Definitions. | AMS | [67 FR 44350, July 2, 2002, as amended at 82 FR 58098, Dec. 11, 2017] | (a) The term Act means the Cotton Research and Promotion Act, as amended [7 U.S.C. 2101-2119]; the Egg Research and Consumer Information Act, as amended [7 U.S.C. 2701-2718]; the Pork Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819]; and the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627]. (b) Administrator means the Administrator of the Agricultural Marketing Service or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act for the Administrator. (b) Board means the board or council established by the order to administer the program. (c) Department means the U.S. Department of Agriculture. (d) Federal Register means the publication provided for by the Federal Register Act, approved July 26, 1935 [44 U.S.C. 1501-1511], and acts supplementing and amending it. (e) Hearing means that part of the proceeding which involves the submission of evidence. (f) Judge means any administrative law judge appointed pursuant to 5 U.S.C. 3105 or any presiding official appointed by the Secretary, and assigned to conduct the proceeding. (g) Hearing means that part of the proceeding that involves the submission of evidence. (h) Hearing clerk means the Hearing Clerk, U.S. Department of Agriculture, Washington, D.C. (i) Order means any order or any amendment thereto which may be issued pursuant to the Act. The term order shall include plans issued under the Acts listed in paragraph (a) of this section. (j) Proceeding means a proceeding before the Secretary arising under the pertinent section of an Act. (k) 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 for the Secretary. | ||||
| 7:7:10.1.1.1.1.1.1.20 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.20 Hearing before Secretary. | AMS | The Secretary may act in the place and stead of a judge in any proceeding herein. When the Secretary so acts, the hearing clerk shall transmit the record to the Secretary at the expiration of the period provided for the filing of proposed findings of fact, conclusions, and orders, and the Secretary shall then, after due consideration of the record, issue the final decision in the proceeding: Except the Secretary may issue a tentative decision in which event the parties shall be afforded an opportunity to file exceptions before the issuance of the final decision. | |||||
| 7:7:10.1.1.1.1.1.1.3 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.3 Proposals. | AMS | (a) An order may be proposed by any organization certified pursuant to the Act or any interested person affected by the Act, including the Secretary. Any person or organization other than the Secretary proposing an order shall file with the Administrator a written application, together with a copy 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 to be given as, in the Administrator's opinion, are warranted. If the investigation and consideration lead the Administrator to conclude that the proposed order will not tend to effectuate the declared policy of the Act, or that for other proper reasons a hearing should not be held on the proposal, the Administrator shall deny the application, and promptly notify the applicant of such denial, which notice shall be accompanied by a brief statement of the grounds for the denial. (b) If the investigation and consideration lead the Administrator to conclude that the proposed order will tend to effectuate the declared policy of the Act, or if the Secretary desires to propose an order, the Administrator shall sign and cause to be served a notice of hearing, as provided herein. | |||||
| 7:7:10.1.1.1.1.1.1.4 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.4 Reimbursement of Secretary's expenses. | AMS | If provided for in the Act or any amendment thereto, expenses incurred by the Secretary in preparing or amending the order, administering the order, and conducting the referendum shall be reimbursed. | |||||
| 7:7:10.1.1.1.1.1.1.5 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.5 Institution of proceedings. | AMS | (a) Filing and contents of the notice of hearing. The proceeding shall be instituted by filing the notice of hearing with the hearing clerk. The notice of hearing shall contain a reference to the authority under which the order is proposed; shall define the scope of the hearing as specifically as may be practicable; shall contain either the terms or substance of the proposed order or a description of the subjects and issues involved; and shall state the time and place of such hearing, and the place where copies of such proposed order may be obtained or examined. The time of the hearing shall not be less than 15 days after the date of publication of the notice in the Federal Register, as provided herein, unless the Administrator shall determine that an emergency exists which requires a shorter period of notice, in which case the period of notice shall be that which the Administrator may determine to be reasonable in the circumstances: Except that in the case of hearings on amendments to an order, the time of the hearing may be less than 15 days but shall not be less than three days after the date of publication in the Federal Register. (b) Giving notice of hearing and supplemental publicity. (1) The Administrator shall give or cause to be given notice of hearing in the following manner: (i) By publication of the notice of hearing in the Federal Register ; (ii) By mailing a copy of the notice of hearing to each organization known by the Administrator to be interested therein; (iii) By issuing a press release containing the complete text or a summary of the contents of the notice of hearing and making the same available to such newspapers as, in the Administrator's discretion, are best calculated to bring the notice to the attention of the persons interested therein; and (iv) By forwarding copies of the notice of hearing addressed to those Governors of the States and executive heads of territories and possessions of the United States and the mayor of the District of Columbia that are directly affected b… | |||||
| 7:7:10.1.1.1.1.1.1.6 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.6 Docket number. | AMS | Each proceeding, immediately following its institution, shall be assigned a docket number by the hearing clerk and thereafter the proceeding may be referred to by such number. | |||||
| 7:7:10.1.1.1.1.1.1.7 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.7 Judge. | AMS | (a) Assignment. No judge who has any pecuniary interest in the outcome of a proceeding shall serve as judge in such proceeding. (b) Power of judge. Subject to review by the Secretary, as provided elsewhere in this subpart, the judge in any proceeding shall have power to: (1) Rule upon motions and requests; (2) Change the time and place of hearings, and adjourn the hearing from time to time or from place to place; (3) Administer oaths and affirmations and take affidavits; (4) Examine and cross-examine witnesses and receive evidence; (5) Admit or exclude evidence; (6) Hear oral argument on facts or law; and (7) Do all acts and take all measures necessary for the maintenance of order at the hearings and the efficient conduct of the proceeding. (c) Who may act in absence of judge. In case of the absence of the judge or the judge's inability to act, the powers and duties to be performed by the judge under this part in connection with a proceeding may, without abatement of the proceeding unless otherwise ordered by the Secretary, be assigned to any other judge. (d) Disqualification of judge. The judge may at any time withdraw as judge in a proceeding if such judge deems himself or herself to be disqualified. Upon the filing by an interested person in good faith of a timely and sufficient affidavit of personal bias or disqualification of a judge, the Secretary shall determine the matter as a part of the record and decision in the proceeding, after making such investigation or holding such hearings, or both, as the Secretary may deem appropriate in the circumstances. | |||||
| 7:7:10.1.1.1.1.1.1.8 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.8 Motions and requests. | AMS | (a) General. (1) All motions and requests shall be filed with the hearing clerk, except that those made during the course of the hearing may be filed with the judge or may be stated orally and made a part of the transcript. (2) Except as provided in § 1200.17(b) such motions and requests shall be addressed to, and ruled on by, the judge if made prior to certification of the transcript pursuant to § 1200.11 or by the Secretary if made thereafter. (b) Certification to Secretary. The judge may, in his or her discretion, submit or certify to the Secretary for decision any motion, request, objection, or other question addressed to the judge. | |||||
| 7:7:10.1.1.1.1.1.1.9 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | A | Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order | § 1200.9 Conduct of the hearing. | AMS | (a) Time and place. The hearing shall be held at the time and place fixed in the notice of hearing, unless the judge shall have changed the time or place, in which event the judge shall file with the hearing clerk a notice of such change, which notice shall be given in the same manner as provided in § 1200.5 (relating to the giving of notice of the hearing): Except that if the change in time or place of hearing is made less than five days prior to the date previously fixed for the hearing, the judge either in addition to or in lieu of causing the notice of the change to be given, shall announce, or cause to be announced, the change at the time and place previously fixed for the hearing. (b) Appearances —(1) Right to appear. At the hearing, any interested person shall be given an opportunity to appear, either in person or through authorized counsel or representative, and to be heard with respect to matters relevant and material to the proceeding. Any interested person who desires to be heard in person at any hearing under these rules shall, before proceeding to testify, state his or her name, address, and occupation. If any such person is appearing through a counsel or representative, such person or such counsel or representative shall, before proceeding to testify or otherwise to participate in the hearing, state for the record the authority to act as such counsel or representative, and the names, addresses, and occupations of such person and such counsel or representative. Any such person or such counsel or representative shall give such other information respecting such appearance as the judge may request. (2) Debarment of counsel or representative. (i) Whenever, while a proceeding is pending before the judge, such judge finds that a person, acting as counsel or representative for any person participating in the proceeding, is guilty of unethical or unprofessional conduct, the judge may order that such person be precluded from further acting as counsel or representative in such proceeding. An appeal to… | |||||
| 7:7:10.1.1.1.1.2.1.1 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | B | Subpart B—Rules of Practice Governing Proceedings on Petitions to Modify or To Be Exempted from Research, Promotion and Information Programs | § 1200.50 Words in the singular form. | AMS | Words in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. | |||||
| 7:7:10.1.1.1.1.2.1.2 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | B | Subpart B—Rules of Practice Governing Proceedings on Petitions to Modify or To Be Exempted from Research, Promotion and Information Programs | § 1200.51 Definitions. | AMS | [67 FR 44350, July 2, 2002, as amended at 82 FR 58098, Dec. 11, 2017] | 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 the Commodity Research, Promotion, and Information Act of 1996 [7 U.S.C. 7401-7425]; the Cotton Research and Promotion Act, as amended [7 U.S.C. 2101-2119]; the Dairy Production Stabilization Act of 1983 [7 U.S.C. 4501-4513]; the Egg Research and Consumer Information Act, as amended [7 U.S.C. 2701-2718]; the Fluid Milk Promotion Act of 1990 [7 U.S.C. 6401-6417]; the Hass Avocado Promotion, Research, and Information Act of 2000 [7 U.S.C. 7801-7813]; the Honey Research, Promotion, and Consumer Information Act, as amended [7 U.S.C. 4601-4612]; the Mushroom Promotion, Research, and Consumer Information Act of 1990 [7 U.S.C. 6101-6112]; the Pecan Promotion and Research Act of 1990 [7 U.S.C. 6001-6013]; the Popcorn Promotion, Research, and Consumer Information Act [7 U.S.C. 7481-7491]; the Pork Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819]; the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627]; the Sheep Promotion, Research, and Information Act of 1994 [7 U.S.C. 7101-7111]; the Soybean Promotion, Research, and Consumer Information Act [7 U.S.C. 6301-6311]; and the Watermelon Research and Promotion Act, as amended, [7 U.S.C. 4901-4916]. (b) Administrator means the Administrator of the Agricultural Marketing Service or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act for the Administrator. (c) Decision means the judge's initial decision and includes the judge's: (1) Findings of fact and conclusions with respect to all material issues of fact, law or discretion, as well as the reasons or basis thereof; (2) Order; and (3) Rulings on findings, conclusions and orders submitted by the parties. (d) Department means the U.S. Department of Agriculture. (e) Hearing means that part of the proceedings which involves the submission of evide… | ||||
| 7:7:10.1.1.1.1.2.1.3 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | B | Subpart B—Rules of Practice Governing Proceedings on Petitions to Modify or To Be Exempted from Research, Promotion and Information Programs | § 1200.52 Institution of proceeding. | AMS | [47 FR 44684, Oct. 8, 1982, as amended at 67 FR 10830, Mar. 11, 2002] | (a) Filing and service of petitions. Any person subject to an order desiring to complain that such order or any provision of such order or any obligation imposed in connection with an order is not in accordance with law, shall file with the hearing clerk, in quintuplicate, a petition in writing addressed to the Secretary. Promptly upon receipt of the petition in writing the hearing clerk shall transmit a true copy thereof to the Administrator and the General Counsel, respectively. (b) Contents of petitions. A petition shall contain: (1) The correct name, address, and principal place of business of the petitioner. If the petitioner is a corporation, such fact shall be stated, together with the name of the State of incorporation, the date of incorporation, and the names, addresses, and respective positions held by its officers and directors; if an unincorporated association, the names and addresses of its officers, and the respective positions held by them; if a partnership, the name and address of each partner; (2) Reference to the specific terms or provisions of the order, or the interpretation or application of such terms or provisions, which are complained of; (3) A full statement of the facts, avoiding a mere repetition of detailed evidence, upon which the petition is based, and which it is desired that the Secretary consider, setting forth clearly and concisely the nature of the petitioner's business and the manner in which petitioner claims to be affected by the terms or provisions of the order or the interpretation or application thereof, which are complained of; (4) A statement of the grounds on which the terms or provisions of the order, or the interpretation or application thereof, which are complained of, are challenged as not in accordance with law; (5) Requests for the specific relief which the petitioner desires the Secretary to grant; and (6) An affidavit by the petitioner, or, if the petitioner is not an individual, by an officer of the petitioner having knowledge of the facts stated in … | ||||
| 7:7:10.1.1.1.1.3.1.1 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | C | Subpart C—General Definitions | § 1200.100 General. | AMS | The terms defined/specified in this subpart shall apply to all research and promotion programs authorized under the Act. | |||||
| 7:7:10.1.1.1.1.3.1.2 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | C | Subpart C—General Definitions | § 1200.101 Definitions. | AMS | (a) Act means the Commodity Research, Promotion, and Information Act of 1996 [7 U.S.C. 7411-7425]; the Beef Promotion and Research Act of 1985 [7 U.S.C. 2901-2911]; the Cotton Research and Promotion Act, as amended [7 U.S.C. 2101-2119]; the Dairy Production Stabilization Act of 1983 [7 U.S.C. 4501-4514]; the Egg Research and Consumer Information Act, as amended [7 U.S.C. 2701-2718]; the Fluid Milk Promotion Act of 1990 [7 U.S.C. 6401-6417]; the Hass Avocado Promotion, Research, and Information Act of 2000 [7 U.S.C. 7801-7813]; the Mushroom Promotion, Research, and Consumer Information Act of 1990 [7 U.S.C. 6101-6112]; the Popcorn Promotion, Research, and Consumer Information Act [7 U.S.C. 7481-7491]; the Pork Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819]; the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627]; the Soybean Promotion, Research, and Consumer Information Act [7 U.S.C. 6301-6311]; and the Watermelon Research and Promotion Act, as amended, [7 U.S.C. 4901-4916]. (b) Mail means to transmit either electronically or through a postal or other delivery system, information or a package ( e.g., letter or envelope) to a recipient. | |||||
| 7:7:10.1.1.1.1.4.1.1 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | D | Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order | § 1200.200 General. | AMS | The terms defined/specified in this subpart shall apply to all research and promotion programs authorized under the Act. | |||||
| 7:7:10.1.1.1.1.4.1.2 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | D | Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order | § 1200.201 Definitions. | AMS | Act means the Commodity Research, Promotion, and Information Act of 1996 (7 U.S.C. 7411-7425). Administrator means the Administrator of the Agricultural Marketing Service or any officer or employee of the United States Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act for the Administrator. Cost of the Referendum means all USDA expenditures related to development of an order proposal, including, but not limited to, salaries, travel, supplies, printing, mailing, and shipping, and any costs related to an initial referendum. Order means any order which may be issued pursuant to the Act. Secretary means the United States Secretary of Agriculture or any officer or employee of the United States Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act for the Secretary. | |||||
| 7:7:10.1.1.1.1.4.1.3 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | D | Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order | § 1200.202 Proposals. | AMS | (a) An order may be proposed by any association of producers of an agricultural commodity, by any person that may be affected by the issuance of an order with respect to an agricultural commodity, or by the Secretary. Any person or organization other than the Secretary proposing an order shall file with the Administrator a written proposal. (b) Upon receipt of a proposal, the Administrator shall investigate and evaluate the proposal. (c) If the proposal is submitted by an association of producers of the agricultural commodity or by any person that may be affected by the issuance of an order, and the investigation and consideration lead the Administrator to conclude that the proposed order will not tend to effectuate the declared policy of the Act, the Administrator shall deny the proposal. The Administrator will promptly notify the proponent(s) of such denial, which will be accompanied by a brief statement of the grounds for the denial. (d) If the proposal was submitted by an association of producers of the agricultural commodity or by any person that may be affected by the issuance of an order and the investigation and consideration lead the Administrator to conclude that an order will tend to effectuate the declared policy of the Act, the Administrator will promptly notify the proponent(s) of such conclusion, and the proponent(s) will be required to post a bond or other collateral in accordance with § 1200.204. (e) If the Administrator concludes that an order will tend to effectuate the declared policy of the Act, the Administrator shall publish the proposed order in the Federal Register and give due notice and opportunity for public comment on the proposed order. | |||||
| 7:7:10.1.1.1.1.4.1.4 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | D | Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order | § 1200.203 Initial referendum. | AMS | For the purpose of ascertaining whether the persons to be covered by an order favor the order going into effect, the Administrator may conduct an initial referendum among persons to be subject to an assessment under the order who, during a representative period determined by the Administrator, engaged in the production or handling of the agricultural commodity or the importation of the agricultural commodity. | |||||
| 7:7:10.1.1.1.1.4.1.5 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | D | Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order | § 1200.204 Reimbursement of Secretary's expenses. | AMS | The Administrator may require any person or organization proposing an order to post a bond or other collateral to cover the cost of the referendum as defined in § 1200.201. | |||||
| 7:7:10.1.1.1.1.4.1.6 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | D | Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order | § 1200.205 Termination of proceedings. | AMS | If at any time during development of a new program the Administrator concludes, based on public comments, referendum votes, or other available information, that an order will not tend to effectuate the declared policy of the Act, the Administrator shall terminate the proceedings and collect reimbursements from the bond or other collateral posted pursuant to § 1200.204 for any expenses incurred in development of the proposed program. | |||||
| 7:7:10.1.1.1.1.4.1.7 | 7 | Agriculture | XI | 1200 | PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS | D | Subpart D—Administrative Procedures Governing Formulation of a Research and Promotion Order | § 1200.206 Execution of the order. | AMS | (a) Issuance of the order. The Administrator shall, if the Administrator finds that it will tend to effectuate the purposes of the Act, issue the final order. (b) Effective date of order. No order shall become effective in less than 30 days after its publication in the Federal Register, unless the Administrator, upon good cause found and published with the order, fixes an earlier effective date. (c) Notice of issuance. After the Administrator issues the order, AMS will publish notice of the order's issuance in the Federal Register . | |||||
| 7:7:10.1.1.1.10.1.165.1 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.1 Act. | AMS | Act means the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7401-7425; Public Law 104-127, 110 Stat. 1029), or any amendments thereto. | |||||
| 7:7:10.1.1.1.10.1.165.10 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.11 Fiscal year. | AMS | [83 FR 27686, June 14, 2018] | Fiscal year means the 12-month period beginning with November 1 of any year and ending with October 31 of the following year, or such other period as determined by the Board and approved by the Secretary. | ||||
| 7:7:10.1.1.1.10.1.165.11 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.12 Handle. | AMS | Handle means to engage in the receiving or acquiring, cleaning and shelling, cleaning in-shell, or crushing of peanuts and in the shipment (except as a common or contract carrier of peanuts owned by another) or sale of cleaned in-shell or shelled peanuts, or other activity causing peanuts to enter the current of commerce: Provided, that this term does not include sales or deliveries of peanuts by a producer to a handler or to an intermediary person engaged in delivering peanuts to handler(s) and: Provided further, that this term does not include sales or deliveries of peanuts by such intermediary person(s) to a handler. | |||||
| 7:7:10.1.1.1.10.1.165.12 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.13 Information. | AMS | Information means information and programs that are designed to increase efficiency in processing and to develop new markets, marketing strategies, increased market efficiency, and activities that are designed to enhance the image of peanuts on a national or international basis. These include: (a) Consumer information, which means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, nutritional attributes, and care of peanuts; and (b) Producer information, which means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the peanut industry, and activities to enhance the image of the peanut industry. | |||||
| 7:7:10.1.1.1.10.1.165.13 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.14 Market. | AMS | Market means to sell or otherwise dispose of peanuts into interstate, foreign, or intrastate commerce by buying, marketing, distributing, or otherwise placing peanuts into commerce. | |||||
| 7:7:10.1.1.1.10.1.165.14 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.15 Minor peanut-producing states. | AMS | [86 FR 72151, Dec. 21, 2021] | Minor peanut-producing states means all peanut-producing states with the exception of Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, and Virginia. | ||||
| 7:7:10.1.1.1.10.1.165.15 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.16 Order. | AMS | Order means an Order issued by the Secretary under section 514 of the Act that provides for a program of generic promotion, research, and information regarding agricultural commodities authorized under the Act. | |||||
| 7:7:10.1.1.1.10.1.165.16 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.17 Part and subpart. | AMS | Part means the Peanut Promotion, Research, and Information Order and all rules, regulations, and supplemental Orders issued pursuant to the Act and the Order. The Order shall be a “subpart” of such part. | |||||
| 7:7:10.1.1.1.10.1.165.17 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.18 Peanuts. | AMS | Peanuts means the seeds of the legume arachis hypogaea and includes both in-shell and shelled peanuts other than those marketed by the producer in green form for consumption as boiled peanuts. | |||||
| 7:7:10.1.1.1.10.1.165.18 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.19 Peanut producer organization. | AMS | Peanut producer organization means a state-legislated peanut promotion, research, and education commission or organization. For states without a state-legislated peanut promotion, research, and education commission or organization, “peanut producer organization” means any organization which has the primary purpose of representing peanut producers and has peanut producers as members. | |||||
| 7:7:10.1.1.1.10.1.165.19 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.20 Person. | AMS | Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. | |||||
| 7:7:10.1.1.1.10.1.165.2 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | §§ 1216.2-1216.3 [Reserved] | AMS | ||||||
| 7:7:10.1.1.1.10.1.165.20 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.21 Primary peanut-producing states. | AMS | [86 FR 72151, Dec. 21, 2021] | Primary peanut-producing states means Alabama, Arkansas, Florida, Georgia, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, and Virginia, provided that these states maintain a 3-year average production of at least 20,000 tons of peanuts. | ||||
| 7:7:10.1.1.1.10.1.165.21 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.22 Producer. | AMS | Producer means any person engaged in the production and sale of peanuts and who owns, or shares the ownership and risk of loss of the crop. This does not include quota holders who do not share in the risk of loss of the crop. | |||||
| 7:7:10.1.1.1.10.1.165.22 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.23 Promotion. | AMS | Promotion means any action taken by the Board under this Order, including paid advertising, to present a favorable image of peanuts to the public to improve the competitive position of peanuts in the marketplace, including domestic and international markets, and to stimulate sales of peanuts. | |||||
| 7:7:10.1.1.1.10.1.165.23 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.24 [Reserved] | AMS | ||||||
| 7:7:10.1.1.1.10.1.165.24 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.25 Research. | AMS | Research means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of peanuts, including research relating to nutritional value and cost of production. | |||||
| 7:7:10.1.1.1.10.1.165.25 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.26 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the U.S. Department of Agriculture to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead. | |||||
| 7:7:10.1.1.1.10.1.165.26 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.27 Suspend. | AMS | Suspend means to issue a rule under section 553 of title 5, United States Code, to temporarily prevent the operation of an Order, or part thereof, during a particular period of time specified in the rule. | |||||
| 7:7:10.1.1.1.10.1.165.27 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.28 State. | AMS | State means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. | |||||
| 7:7:10.1.1.1.10.1.165.28 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.29 Terminate. | AMS | Terminate means to issue a rule under section 553 of title 5, United States Code, to cancel permanently the operation of an Order, or part thereof, beginning on a date certain specified in the rule. | |||||
| 7:7:10.1.1.1.10.1.165.29 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.30 United States. | AMS | United States means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. | |||||
| 7:7:10.1.1.1.10.1.165.3 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.4 Board. | AMS | Board means the administrative body referred to as the National Peanut Board established pursuant to § 1216.40. | |||||
| 7:7:10.1.1.1.10.1.165.4 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.5 Conflict of interest. | AMS | Conflict of interest means a situation in which a member or employee of the Board has a direct or indirect financial interest in a person who performs a service for, or enters into a contract with, the Board for anything of economic value. | |||||
| 7:7:10.1.1.1.10.1.165.5 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.6 [Reserved] | AMS | ||||||
| 7:7:10.1.1.1.10.1.165.6 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.7 Department. | AMS | Department means the U.S. Department of Agriculture. | |||||
| 7:7:10.1.1.1.10.1.165.7 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.8 Farm Service Agency. | AMS | Farm Service Agency or FSA means the U.S. Department of Agriculture's Farm Service Agency. | |||||
| 7:7:10.1.1.1.10.1.165.8 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.9 Farmers stock peanuts. | AMS | Farmers stock peanuts means picked or threshed peanuts produced in the United States which have not been changed (except for removal of foreign material, loose shelled kernels and excess moisture) from the condition in which picked or threshed peanuts are customarily marketed by producers, plus any loose shelled kernels that are removed from farmers stock peanuts before such farmers stock peanuts are marketed. | |||||
| 7:7:10.1.1.1.10.1.165.9 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.10 First handler. | AMS | First handler means any person who handles peanuts in a capacity other than that of a custom cleaner or dryer, an assembler, a warehouseman, or other intermediary between the producer and the person handling. | |||||
| 7:7:10.1.1.1.10.1.166.30 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.40 Establishment and membership. | AMS | [64 FR 41256, July 29, 1999, as amended at 73 FR 14921, Mar. 20, 2008; 79 FR 15639, Mar. 21, 2014; 85 FR 16231, Mar. 23, 2020; 86 FR 72151, Dec. 15, 2021] | (a) Establishment of a National Peanut Board. There is hereby established a National Peanut Board, hereinafter called the Board, comprised of no more than 12 peanut producers and alternates, appointed by the Secretary from nominations as follows: (1) Eleven members and alternates. One member and one alternate shall be appointed from each primary peanut-producing state, who are producers and whose nominations have been submitted by certified peanut producer organizations within a primary peanut-producing state. (2) The minor peanut-producing states shall collectively have one at-large member and one alternate, who are producers, to be appointed by the Secretary from nominations submitted by certified peanut producer organizations within minor peanut-producing states or from other certified farm organizations that include peanut producers as part of their membership. (b) Adjustment of membership. At least once in each five-year period, but not more frequently than once in each three-year period, the Board, or a person or agency designated by the Board, shall review the geographical distribution of peanuts in the United States and make recommendation(s) to the Secretary to continue without change, or whether changes should be made in the number of representatives on the Board to reflect changes in the geographical distribution of the production of peanuts. | ||||
| 7:7:10.1.1.1.10.1.166.31 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.41 Nominations. | AMS | (a) All nominations authorized under § 1216.40 shall be made within such a period of time as the Secretary shall prescribe. Eligible peanut producer organizations within each state as certified pursuant to § 1216.70 shall nominate two qualified persons for each member and each alternate member. The nominees shall be elected at an open meeting among peanut producers eligible to serve on the Board. Any certified peanut producer organization representing a minor peanut-producing state may nominate two eligible persons for each member and two eligible persons for each alternate member. (b) As soon as practicable after this subpart becomes effective, the Secretary shall obtain nominations for appointment to the initial promotion Board from certified nominating organizations. In any subsequent year in which an appointment to the Board is to be made, nominations for positions whose terms will expire shall be obtained from certified nominating organizations by the Board's staff and submitted to the Secretary by May 1 of such year, or other such date as approved by the Secretary. (c) Except for initial Board members, whose nomination process will be initiated by the Secretary, the Board shall issue the call for nominations by March 1 of each year. (d) The nomination meeting shall be announced 30 days in advance: (1) By utilizing available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and (2) By such other means as deemed advisable. (e) At nominations meetings, Department personnel will be present to oversee and to verify eligibility and count ballots. | |||||
| 7:7:10.1.1.1.10.1.166.32 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.42 Selection. | AMS | From the nominations, the Secretary shall select the members of the Board and alternates for each primary peanut-producing state. The Secretary shall select one member and one alternate from all nominations submitted by certified peanut producer organizations representing minor peanut-producing states. | |||||
| 7:7:10.1.1.1.10.1.166.33 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.43 Term of office. | AMS | All members and alternates of the Board shall each serve for terms of three years, except that the members and alternates appointed to the initial Board shall serve proportionately for two-, three-, and four-year terms, with the length of the terms determined at random. No member or alternate may serve more than two consecutive three-year terms. An alternate, after serving two consecutive three-year terms, may serve as a member for an additional two consecutive three-year terms. A member, after serving two consecutive three-year terms, may serve as an alternate for an additional two consecutive three-year terms. Each member and alternate shall continue to serve until a successor is selected and has qualified. (a) Those members serving initial terms of two or four years may serve one successive three-year term. (b) Any successor serving one year or less may serve two consecutive three-year terms. | |||||
| 7:7:10.1.1.1.10.1.166.34 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.44 Vacancies. | AMS | To fill any vacancy resulting from the failure to qualify of any person selected as a member or as an alternate member of the Board, or in the event of death, removal, resignation, or disqualification of any member or alternate member of the Board, a successor for the unexpired term of such member or alternate member of the Board shall be nominated and selected in the manner specified in § 1216.40. | |||||
| 7:7:10.1.1.1.10.1.166.35 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.45 Alternate members. | AMS | An alternate member of the Board, during the absence of the member for the primary peanut-producing state or at-large member for whom the person is the alternate, shall act in the place and stead of such member and perform such duties as assigned. In the event of death, removal, resignation, or disqualification of any member, the alternate for that state or at-large member shall act for the member until a successor for such member is selected and qualified. In the event that both a producer member of the Board and the alternate are unable to attend a meeting, the Board may not designate any other alternate to serve in such member's or alternate's place and stead for such a meeting. | |||||
| 7:7:10.1.1.1.10.1.166.36 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.46 Procedure. | AMS | (a) A majority of the members of the Board, including alternate members acting for members, shall constitute a quorum. (b) At assembled meetings, all votes shall be cast in person. Board actions shall be weighted by value of production as determined by a primary peanut-producing state's three-year running average of total gross farm income derived from all peanut sales. The at-large Board member's vote shall be weighted by the collective value of production from all minor peanut-producing states' three-year running average of total gross farm income derived from all peanut sales. Any Board action shall require the concurring votes of members or alternates from states representing more than 50 percent of total U.S. gross farm income derived from all peanut sales, plus an additional two votes from any other Board members, provided a minimum of five votes concur. (c) For routine and noncontroversial matters which do not require deliberation and the exchange of views, and in matters of an emergency nature when there is not time to call an assembled meeting of the Board, the Board may also take action as prescribed in this section by mail, facsimile, telephone, or any telecommunication method appropriate for the conduct of business, but any such action shall be confirmed in writing within 30 days. (d) There shall be no voting by proxy. (e) The chairperson shall be a voting member. | |||||
| 7:7:10.1.1.1.10.1.166.37 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.47 Compensation and reimbursement. | AMS | The members of the Board, and alternates when acting as members, shall serve without compensation but shall be reimbursed for reasonable travel expenses, as approved by the Board, incurred by them in the performance of their duties as Board members. | |||||
| 7:7:10.1.1.1.10.1.166.38 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.48 Powers and duties. | AMS | The Board shall have the following powers and duties: (a) To administer the Order in accordance with its terms and conditions and to collect assessments; (b) To develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the Board, and such rules as may be necessary to administer the Order, including activities authorized to be carried out under the Order; (c) To meet, organize, and select from among the members of the Board a chairperson, other officers, committees, and subcommittees, as the Board determines to be appropriate; (d) To employ persons, other than the members, as the Board considers necessary to assist the Board in carrying out its duties and to determine the compensation and specify the duties of such persons; (e) To develop programs and projects, and enter into contracts or agreements, which must be approved by the Secretary before becoming effective, for the development and carrying out of programs or projects of research, information, or promotion, and the payment of costs thereof with funds collected pursuant to this subpart. Each contract or agreement shall provide that any person who enters into a contract or agreement with the Board shall develop and submit to the Board a proposed activity; keep accurate records of all of its transactions relating to the contract or agreement; account for funds received and expended in connection with the contract or agreement; make periodic reports to the Board of activities conducted under the contract or agreement; and make such other reports available as the Board or the Secretary considers relevant. Any contract or agreement shall provide that: (1) The contractor or agreeing party shall develop and submit to the Board a program, plan, or project together with a budget or budgets that show the estimated cost to be incurred for such program, plan, or project; (2) The contractor or agreeing party shall keep accurate records of all its transactions and make periodic reports to the Board of activities con… | |||||
| 7:7:10.1.1.1.10.1.166.39 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.49 Prohibited activities. | AMS | The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: (a) Any action that would be a conflict of interest; (b) Using funds collected by the Board under the Order to undertake any action for the purpose of influencing legislation or governmental action or policy, including local, state, national, and international, other than recommending to the Secretary amendments to the Order; and (c) Any advertising, including promotion, research, and information activities authorized to be carried out under the Order, that is false or misleading or disparaging to another agricultural commodity. | |||||
| 7:7:10.1.1.1.10.1.167.40 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.50 Budget and expenses. | AMS | (a) At least 60 days prior to the beginning of each fiscal year, and as may be necessary thereafter, the Board shall prepare and submit to the Secretary a budget for the fiscal year covering its anticipated expenses and disbursements in administering this subpart. Each such budget shall include: (1) A statement of objectives and strategy for each program, plan, or project; (2) A summary of anticipated revenue, with comparative data for at least one preceding year (except for the initial budget); (3) A summary of proposed expenditures for each program, plan, or project; and (4) Staff and administrative expense breakdowns, with comparative data for at least one preceding year (except for the initial budget). (b) Each budget shall provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in this subpart. (c) Subject to this section, any amendment or addition to an approved budget must be approved by the Secretary, including shifting funds from one program, plan, or project to another. Shifts of funds which do not cause an increase in the Board's approved budget and which are consistent with governing bylaws need not have prior approval by the Secretary. (d) The Board is authorized to incur such expenses, including provision for a reasonable reserve, as the Secretary finds are reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this subpart. Such expenses shall be paid from funds received by the Board. (e) With approval of the Secretary, the Board may borrow money for the payment of administrative expenses, subject to the same fiscal, budget, and audit controls as other funds of the Board. Any funds borrowed by the Board shall be expended only for startup costs and capital outlays and are limited to the first year of operation of the Board. (f) The Board may accept voluntary contributions, but these shall only be used to pay expenses… | |||||
| 7:7:10.1.1.1.10.1.167.41 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.51 Assessments. | AMS | [70 FR 55226, Sept. 21, 2005, as amended at 83 FR 27686, June 14, 2018] | (a) The funds necessary to pay for programs and other costs authorized by this part shall be acquired by the levying of assessments upon producers in a manner prescribed by the Secretary. (b) Each first handler, at such times and in such manner as prescribed by the Secretary, shall collect from each producer or first purchaser/handler and pay assessments to the Board on all peanuts handled, including peanuts produced by the first handler, no later than 60 days after the last day of the month in which the peanuts were marketed. (c) Such assessments shall be levied on all farmers stock peanuts sold at a rate of $3.55 per ton for Segregation 1 peanuts and $1.25 per ton for Segregation 2 peanuts and 3 peanuts, as those terms are defined in §§ 996.13(b)-(d) of this title. (d) For peanuts placed under a marketing assistance loan with the Department's Commodity Credit Corporation, the Commodity Credit Corporation, or any entity determined by the Commodity Credit Corporation shall deduct and remit to the Board, from the proceeds of the loan paid to the producer, the assessment per ton as specified in paragraph (c) of this section, no more than 60 days after the last day of the month in which the peanuts were placed under a marketing assistance loan. (e) All assessments collected under this section are to be used for expenses and expenditures pursuant to this Order and for the establishment of an operating reserve as prescribed in the Order. (f) The Board shall impose a late payment charge on any person who fails to remit to the Board the total amount for which the person is liable on or before the payment due date established under this section. The late payment charge will be in the form of interest on the outstanding portion of any amount for which the person is liable. The rate of interest shall be prescribed in regulations issued by the Secretary. (g) Persons failing to remit total assessments due in a timely manner may also be subject to actions under federal debt collection procedures. (h) The Board may auth… | ||||
| 7:7:10.1.1.1.10.1.167.42 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.52 Programs, plans, and projects. | AMS | (a) The Board shall receive and evaluate, or on its own initiative develop, and submit to the Secretary for approval any program, plan, or project authorized under this subpart. Such programs, plans, or projects shall provide for: (1) The establishment, issuance, effectuation, and administration of appropriate programs for promotion, research, and information, including producer and consumer information, with respect to peanuts; and (2) The establishment and conduct of research with respect to the use, nutritional value, sale, distribution, and marketing of peanuts and peanut products, and the creation of new products thereof, to the end that marketing and use of peanuts may be encouraged, expanded, improved, or made more acceptable and to advance the image, desirability, or quality of peanuts. (b) No program, plan, or project shall be implemented prior to its approval by the Secretary. Once a program, plan, or project is so approved, the Board shall take appropriate steps to implement it. (c) Each program, plan, or project implemented under this subpart shall be reviewed or evaluated periodically by the Board to ensure that it contributes to an effective program of promotion, research, or consumer information. If it is found by the Board that any such program, plan, or project does not contribute to an effective program of promotion, research, or consumer information, then the Board shall terminate such program, plan, or project. (d) No program, plan, or project shall make any false claims on behalf of peanuts or use unfair or deceptive acts or practices with respect to the quality, value, or use of any competing product. Peanuts of all domestic origins shall be treated equally. | |||||
| 7:7:10.1.1.1.10.1.167.43 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.53 Independent evaluation. | AMS | The Board shall, not less often than every five years, authorize and fund, from funds otherwise available to the Board, an independent evaluation of the effectiveness of the Order and other programs conducted by the Board pursuant to the Act. The Board shall submit to the Secretary, and make available to the public, the results of each periodic independent evaluation conducted under this section. | |||||
| 7:7:10.1.1.1.10.1.167.44 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.54 Operating reserve. | AMS | The Board shall establish an operating monetary reserve and may carry over to subsequent fiscal years excess funds in a reserve so established; Provided, that funds in the reserve shall not exceed any fiscal year's anticipated expenses. | |||||
| 7:7:10.1.1.1.10.1.167.45 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.55 Investment of funds. | AMS | The Board may invest, pending disbursement, funds it receives under this subpart, only in obligations of the United States or any agency of the United States; general obligations of any state or any political subdivision of a state; interest bearing accounts or certificates of deposit of financial institutions that are members of the Federal Reserve system; or obligations that are fully guaranteed as to principal and interest by the United States. | |||||
| 7:7:10.1.1.1.10.1.167.46 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.56 Exemption for organic peanuts. | AMS | [70 FR 2757, Jan. 14, 2005, as amended at 80 FR 82029, Dec. 31 2015] | (a) A producer who operates under an approved National Organic Program (7 CFR part 205) (NOP) organic production system plan may be exempt from the payment of assessments under this part, provided that: (1) Only agricultural products certified as “organic” or “100 percent organic” (as defined in the NOP) are eligible for exemption; (2) The exemption shall apply to all certified “organic” or “100 percent organic” (as defined in the NOP) products of a producer regardless of whether the agricultural commodity subject to the exemption is produced by a person that also produces conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed; (3) The producer maintains a valid certificate of organic operation as issued under the Organic Foods Production Act of 1990 (7 U.S.C. 6501-6522) (OFPA) and the NOP regulations issued under OPFA (7 CFR part 205); and (4) Any producer so exempted shall continue to be obligated to pay assessments under this part that are associated with any agricultural products that do not qualify for an exemption under this section. (b) In order to apply for this exemption, an eligible peanut producer shall submit a request to the Board on an Organic Exemption Request Form (Form AMS-15) at any time during the year initially, and annually thereafter on or before August 1, for as long as the producer continues to be eligible for the exemption. (c) A producer request for exemption shall include the following: (1) The applicant's full name, company name, address, telephone and fax numbers, and email address; (2) Certification that the applicant maintains a valid organic certificate issued under the OFPA and the NOP; (3) Certification that the applicant produces organic products eligible to be labeled “organic” or “100 percent organic” under the NOP; (4) A requirement that the applicant attach a copy of their certificate of organic operation issued by a USDA-accredited certifying agent under the OFPA and the NOP; (5) Certificat… | ||||
| 7:7:10.1.1.1.10.1.168.47 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.60 Reports. | AMS | (a) Each producer and first handler subject to this part shall be required to report to the employees of the Board, at such times and in such manner as it may prescribe, such information as may be necessary for the Board to perform its duties. Such reports shall include, but shall not be limited to the following: (1) Number of pounds of peanuts produced or handled; (2) Price paid to producers (entry in value of segment section on the FSA 1007 form); and (3) Total assessments collected. (b) First Handlers shall submit monthly reports to the Board. These reports shall accompany the payment of the collected assessments and shall be due 60 days after the last day of the month in which the peanuts were marketed. | |||||
| 7:7:10.1.1.1.10.1.168.48 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.61 Books and records. | AMS | Each first handler and producer subject to this subpart shall maintain and make available for inspection by the Secretary and employees and agents of the Board such books and records as are necessary to carry out the provisions of this subpart and the regulations issued thereunder, including such records as are necessary to verify any reports required. Such records shall include but are not limited to the following: copies of FSA 1007 forms, the names and address of producers, and the date the assessments were collected. Such records shall be retained for at least two years beyond the marketing year of their applicability. | |||||
| 7:7:10.1.1.1.10.1.168.49 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.62 Confidential treatment. | AMS | All information obtained from books, records, or reports under the Act, this subpart, and the regulations issued thereunder shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members, producers, importers, exporters, or handlers. Only those persons having a specific need for such information to effectively administer the provisions of this subpart shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed by them, and then only in a judicial proceeding or administrative hearing brought at the direction, or on the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this subpart. Nothing in this section shall be deemed to prohibit: (a) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected therefrom, which statements do not identify the information furnished by any person; and (b) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this subpart, together with a statement of the particular provisions of this subpart violated by such person. | |||||
| 7:7:10.1.1.1.10.1.169.50 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.70 Certification. | AMS | (a) Organizations receiving certification from the Secretary will be entitled to submit nominations for Board membership to the Secretary for appointment and to submit requests for funding to the Board. (b) For major peanut-producing states, state-legislated peanut promotion, research, and information organizations may request certification, provided the state-legislated promotion program submits a factual report that shall contain information deemed relevant and specified by the Secretary for the making of such determination pursuant to paragraph (e) of this section. (c) If a state-legislated peanut promotion, research and information organization in a major peanut-producing state does not elect to seek certification from the Secretary within a specified time period as determined by the Secretary, or does not meet eligibility requirements as specified by the Secretary, then any peanut producer organization whose primary purpose is to represent peanut producers within a primary peanut-producing state, or any other organization which has peanut producers as part of its membership, may request certification. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization that shall contain information deemed relevant and specified by the Secretary for the making of such determination pursuant to paragraph (e) of this section. (d) For minor peanut-producing states, any organization that has peanut producers as part of its membership may request certification. (e) The information required for certification by the Secretary may include, but is not limited to, the following: (1) The geographic distribution within the state covered by the organization's active membership; (2) The nature and size of the organization's active membership in the state, proportion of the organization's active membership accounted for by producers, a map showing the peanut-producing counties in the state in which the organization has members, the volume of peanuts produced in… | |||||
| 7:7:10.1.1.1.10.1.170.51 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.80 Right of the Secretary. | AMS | All fiscal matters, programs, plans, or projects, rules or regulations, reports, or other substantive actions proposed and prepared by the Board shall be submitted to the Secretary for approval. | |||||
| 7:7:10.1.1.1.10.1.170.52 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.81 Implementation of the Order. | AMS | The Order shall not become effective unless: (a) The Secretary determines that the Order is consistent with and will effectuate the purposes of the Act; and (b) The Order is approved by a simple majority of the peanut producers as defined in § 1216.21 voting in a referendum who, during a representative period determined by the Secretary, have been engaged in the production of peanuts. | |||||
| 7:7:10.1.1.1.10.1.170.53 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.82 Suspension and termination. | AMS | (a) The Secretary shall suspend or terminate this subpart or a provision thereof if the Secretary finds that this subpart or a provision thereof obstructs or does not tend to effectuate the purposes of the Act, or if the Secretary determines that this subpart or a provision thereof is not favored by persons voting in a referendum conducted pursuant to the Act. (b) Every five years, the Secretary shall hold a referendum to determine whether peanut producers favor the continuation of the Order. The Secretary will also conduct a referendum if 10 percent or more of all eligible peanut producers request the Secretary to hold a referendum. In addition, the Secretary may hold a referendum at any time. (c) The Secretary shall suspend or terminate this subpart at the end of the marketing year whenever the Secretary determines that its suspension or termination is approved or favored by a simple majority of the producers voting in a referendum who, during a representative period determined by the Secretary, have been engaged in the production of peanuts. (d) If, as a result of the referendum conducted under paragraph (b) of this section, the Secretary determines that this subpart is not approved, the Secretary shall: (1) Not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under this subpart; and (2) As soon as practical, suspend or terminate, as the case may be, activities under this subpart in an Orderly manner. | |||||
| 7:7:10.1.1.1.10.1.170.54 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.83 Proceedings after termination. | AMS | (a) Upon the termination of this subpart, the Board shall recommend not more than three of its members to the Secretary to serve as trustees for the purpose of liquidating the affairs of the Board. Such persons, upon designation by the Secretary, shall become trustees of all the funds and property then in the possession or under control of the Board, including claims for any funds unpaid or property not delivered, or any other claim existing at the time of such termination. (b) The said trustees shall: (1) Continue in such capacity until discharged by the Secretary; (2) Carry out the obligations of the Board under any contracts or agreements entered into pursuant to the Order; (3) From time to time, account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Board and the trustees, to such person or persons as the Secretary may direct; and (4) Upon request of the Secretary execute such assignments or other instruments necessary and appropriate to vest in such persons title and right to all funds, property and claims vested in the Board or the trustees pursuant to the Order. (c) Any person to whom funds, property or claims have been transferred or delivered pursuant to the Order shall be subject to the same obligations imposed upon the Board and upon the trustees. (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Secretary to be disposed of, to the extent practical, to the peanut producer organizations, certified pursuant to § 1216.70, in the interest of continuing peanut promotion, research, and information programs. | |||||
| 7:7:10.1.1.1.10.1.170.55 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.84 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant thereto, or the issuance of any amendment to either thereof, shall not: (a) Affect or waive any right, duty, obligation or liability which shall have arisen or which may thereafter arise in connection with any provision of this subpart or any regulation issued thereunder; or (b) Release or extinguish any violation of this subpart or any regulation issued thereunder; or (c) Affect or impair any rights or remedies of the United States, or of the Secretary or of any other persons, with respect to any such violation. | |||||
| 7:7:10.1.1.1.10.1.170.56 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.85 Personal liability. | AMS | No member or alternate member of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member or alternate, except for acts of dishonesty or willful misconduct. | |||||
| 7:7:10.1.1.1.10.1.170.57 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.86 Separability. | AMS | If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of this subpart or the applicability thereof to other persons or circumstances shall not be affected thereby. | |||||
| 7:7:10.1.1.1.10.1.170.58 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.87 Amendments. | AMS | Amendments to this subpart may be proposed, from time to time, by the Board or by any interested person affected by the provisions of the Act, including the Secretary. | |||||
| 7:7:10.1.1.1.10.1.170.59 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | A | Subpart A—Peanut Promotion, Research, and Information Order | § 1216.88 Patents, copyrights, trademarks, information, publications, and product formulations. | AMS | Patents, copyrights, trademarks, information, publications, and product formulations developed through the use of funds received by the Board under this subpart shall be the property of the U.S. Government as represented by the Board and shall, along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, trademarks, information, publications, or product formulations, inure to the benefit of the Board; shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board; and may be licensed subject to approval by the Secretary. Upon termination of this subpart, § 1216.82 shall apply to determine disposition of all such property. | |||||
| 7:7:10.1.1.1.10.2.171.1 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.100 General. | AMS | Referenda to determine whether eligible peanut producers favor the issuance, amendment, suspension, or termination of a Peanut Promotion, Research, and Information Order shall be conducted in accordance with this subpart. | |||||
| 7:7:10.1.1.1.10.2.171.2 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.101 Definitions. | AMS | The following definitions apply to this subpart: (a) Administrator means the Administrator of the Agricultural 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 the Administrator's stead. (b) Order means the Peanut Promotion, Research, and Information Order. (c) Referendum agent or agent means the individual or individuals designated by the Secretary to conduct the referendum. (d) Representative period means the period designated by the Secretary. (e) Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. For the purpose of this definition, the term “partnership” includes, but is not limited to: (1) A husband and a wife who have title to, or leasehold interest in, a peanut farm as tenants in common, joint tenants, tenants by the entirety, or, under community property laws, as community property; and (2) So-called “joint ventures” wherein one or more parties to an agreement, informal or otherwise, contributed land and others contributed capital, labor, management, or other services, or any variation of such contributions by two or more parties. (f) Eligible producer means any person who is engaged in the production and sale of peanuts in the United States and who: (1) Owns, or shares the ownership and risk of loss of, the crop. This does not include quota holders who do not share in the risk of loss of the crop; (2) Rents peanut production facilities and equipment resulting in the ownership of all or a portion of the peanuts produced; (3) Owns peanut production facilities and equipment but does not manage them and, as compensation, obtains the ownership of a portion of the peanuts produced; or (4) Is a party in a landlord-tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to produce peanuts who share the risk of loss and receive a share of t… | |||||
| 7:7:10.1.1.1.10.2.171.3 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.102 Voting. | AMS | (a) Each person who is an eligible producer, as defined in this subpart, at the time of the referendum and during the representative period, shall be entitled to cast only one ballot in the referendum. However, each producer in a landlord-tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to produce peanuts, in which more than one of the parties is a producer, shall be entitled to cast one ballot in the referendum covering only such producer's share of the ownership. (b) Proxy voting is not authorized, but an officer or employee of an eligible corporate producer, or an administrator, executor, or trustee or an eligible producing entity may cast a ballot on behalf of such producer. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible producer, or an administrator, executive, or trustee of an eligible producing entity and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority. (c) All ballots are to be cast by mail or by facsimile, as instructed by the Secretary. | |||||
| 7:7:10.1.1.1.10.2.171.4 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.103 Instructions. | AMS | The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions hereof, to govern the procedure to be followed by the referendum agent. Such agent shall: (a) Determine the period during which ballots may be cast. (b) Provide ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter. (c) Give reasonable public notice of the referendum: (1) By utilizing available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and (2) By such other means as the agent may deem advisable. (d) Mail to eligible producers whose names and addresses are known to the referendum agent, the instructions on voting, a ballot, and a summary of the terms and conditions of the Peanut Promotion, Research, and Information Order. No person who claims to be eligible to vote shall be refused a ballot. (e) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in the presence of an agent of a third party authorized to monitor the referendum process. (f) Prepare a report on the referendum. (g) Announce the results to the public. | |||||
| 7:7:10.1.1.1.10.2.171.5 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.104 Subagents. | AMS | The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions under this subpart. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent. | |||||
| 7:7:10.1.1.1.10.2.171.6 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.105 Ballots. | AMS | The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefor, the results of any investigations made with respect thereto, and the disposition thereof. Ballots invalid under this subpart shall not be counted. | |||||
| 7:7:10.1.1.1.10.2.171.7 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.106 Referendum report. | AMS | Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to analysis of the referendum and its results. | |||||
| 7:7:10.1.1.1.10.2.171.8 | 7 | Agriculture | XI | 1216 | PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER | B | Subpart B—Procedure for the Conduct of Referenda in Connection With the Peanut Promotion, Research, and Information Order | § 1216.107 Confidential information. | AMS | The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Act and the voting list shall be held confidential and shall not be disclosed. | |||||
| 7:7:10.1.1.1.11.1.177.1 | 7 | Agriculture | XI | 1217 | PART 1217—SOFTWOOD LUMBER RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Softwood Lumber Research, Promotion, Consumer Education, and Industry Information Order | § 1217.1 Act. | AMS | Act means the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425), and any amendments thereto. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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