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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 |
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| 14:14:5.0.1.1.9.1.1.1 | 14 | Aeronautics and Space | V | 1207 | PART 1207—STANDARDS OF CONDUCT | A | Subpart A—General Provisions | § 1207.101 Cross-references to ethical conduct, financial disclosure, and other applicable regulations. | NASA | [59 FR 49338, Sept. 28, 1994] | Employees of the National Aeronautics and Space Administration (NASA) should refer to the executive branch-wide Standards of Ethnical Conduct at 5 CFR part 2635, the NASA regulation at 5 CFR part 6901 which supplements the executive branch-wide standards with respect to prohibitions and prior approval requirements applicable to certain outside employment activities, the Office of Personnel Management provisions on employee responsibilities and conduct at 5 CFR part 735, and the executive branch-wide financial disclosure regulation at 5 CFR part 2634. | ||||
| 14:14:5.0.1.1.9.1.1.2 | 14 | Aeronautics and Space | V | 1207 | PART 1207—STANDARDS OF CONDUCT | A | Subpart A—General Provisions | § 1207.102 Waiver of prohibition in 18 U.S.C. 208. | NASA | [66 FR 59137, Nov. 27, 2001] | (a) Prohibition. Employees are prohibited by criminal statute, 18 U.S.C. 208(a), from participating personally and substantially in an official capacity in any particular matter in which, to their knowledge, they, or any person whose interests are imputed to them under the statute, have a financial interest, if the particular matter will have a direct and predictable effect on that interest. (b) Specific waiver available. A NASA employee may request a waiver of this prohibition. NASA may grant a specific waiver of the prohibition only if the Agency determines that the employee's financial interest is not so substantial as to be deemed likely to affect the integrity of the employee's services. The waiver must be obtained before the employee participates in the matter. (c) Officials authorized to make waiver determinations. (1) For the employees listed below, waivers must be approved by the Administrator or Deputy Administrator. No further delegation is authorized. (i) Employees who are required by 5 CFR 2634.202 to file Public Financial Disclosure Reports; (ii) Employees who are appointed under authority of section 203(c)(2) (“NASA Excepted Positions”) or section 203(c)(10) (“Alien Scientists”) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473(c)(2) and 2473(c)(10)); (iii) Astronauts and astronaut candidates; (iv) Chief Counsel; and (v) Procurement Officers. (2) For all other Headquarters employees, the Associate Administrator for Headquarters Operations may approve waivers of 18 U.S.C. 208. This authority may not be redelegated. (3) For all other Center employees, the Center Director or Deputy Center Director may approve waivers of 18 U.S.C. 208. This authority may not be redelegated. (d) Procedures for specific waiver. The employee's request for a waiver must be in writing. The request must describe the particular matter involved, the relevant duties of the employee, and the exact nature and amount of the disqualifying financial interest. (1) Headquarters employees… | ||||
| 14:14:5.0.1.1.9.1.1.3 | 14 | Aeronautics and Space | V | 1207 | PART 1207—STANDARDS OF CONDUCT | A | Subpart A—General Provisions | § 1207.103 Designations of responsible officials. | NASA | [66 FR 59138, Nov. 27, 2001] | (a) Designated Agency Ethics Official. The General Counsel of NASA is the Designated Agency Ethics Official and is delegated the authority to coordinate and manage NASA's ethics program as set forth in 5 CFR 2638.203. (b) Alternate Designated Agency Ethics Official. The Associate General Counsel (General) is the Alternate Designated Agency Ethics Official. (c) Deputy Ethics Officials. The following officials are designated as Deputy Ethics Officials: (1) The Deputy General Counsel; (2) The Associate General Counsel (General); (3) The Senior Ethics Attorney assigned to the Associate General Counsel (General); and (4) The Chief Counsel at each NASA Center and Component Facility. (d) Agency Designee. As used in 5 CFR part 2635, the term “Agency Designee” refers to the following: (1) For employees at NASA Headquarters, or for matters affecting employees Agencywide, the Associate Deputy Administrator, the Designated Agency Ethics Official, the Alternate Designated Agency Ethics Official, or the Chief of Staff; and (2) For Center employees, the Center Director, who may delegate specific responsibilities of the Agency Designee to the Center Chief Counsel or to another official who reports directly to the Center Director. (e) Cross-references. For regulations on the appointment, responsibilities, and authority of the Designated Agency Ethics Official, Alternate Designated Agency Ethics Official, and Deputy Ethics Officials, see 5 CFR part 2638. For the responsibilities of the Agency Designee, see 5 CFR part 2635. | ||||
| 14:14:5.0.1.1.9.2.1.1 | 14 | Aeronautics and Space | V | 1207 | PART 1207—STANDARDS OF CONDUCT | B | Subpart B—Post-Employment Regulations | § 1207.201 Scope of subpart. | NASA | This subpart provides guidance to former NASA government employees who are subject to the restrictions of Title V of the Ethics of Government Act of 1978, as amended, and who want to communicate scientific or technical information to NASA. | |||||
| 14:14:5.0.1.1.9.2.1.2 | 14 | Aeronautics and Space | V | 1207 | PART 1207—STANDARDS OF CONDUCT | B | Subpart B—Post-Employment Regulations | § 1207.202 Exemption for scientific and technological communications. | NASA | [54 FR 4003, Jan. 27, 1989; 55 FR 9250, Mar. 12, 1990. Redesignated and amended at 59 FR 49338, Sept. 28, 1994] | (a) Whenever a former government employee who is subject to the constraints of post-employment conflict of interest, 18 U.S.C. 207, wishes to communicate with NASA under the exemption in section 207(j)(5) for the making of a communication solely for the purpose of furnishing scientific or technological information, he or she shall state to the NASA employee contracted, the following information: (1) That he or she is a former government employee subject to the post employment restrictions of 18 U.S.C. 207 (a), (c), or (d)—specify which; (2) That he or she worked on certain NASA programs—enumerate which; and (3) That the communication is solely for the purpose of furnishing scientific or technological information. (b) If the former government employee has questions as to whether the communication comes within the scientific and technological exemption, he or she should contact the General Counsel, the designated agency ethics official. | ||||
| 29:29:4.1.2.1.8.0.1.1 | 29 | Labor | X | 1207 | PART 1207—ESTABLISHMENT OF SPECIAL ADJUSTMENT BOARDS | § 1207.1 Establishment of special adjustment boards (PL Boards). | NMB | Public Law 89-456 (80 Stat. 208) governs procedures to be followed by carriers and representatives of employees in the establishment and functioning of special adjustment boards, hereinafter referred to as PL Boards. Public Law 89-456 requires action by the National Mediation Board in the following circumstances: (a) Designation of party member of PL Board. Public Law 89-456 provides that within thirty (30) days from the date a written request is made by an employee representative upon a carrier, or by a carrier upon an employee representative, for the establishment of a PL Board, an agreement establishing such a Board shall be made. If, however, one party fails to designate a member of the Board, the party making the request may ask the Mediation Board to designate a member on behalf of the other party. Upon receipt of such request, the Mediation Board will notify the party which failed to designate a partisan member for the establishment of a PL Board of the receipt of the request. The Mediation Board will then designate a representative on behalf of the party upon whom the request was made. This representative will be an individual associated in interest with the party he is to represent. The designee, together with the member appointed by the party requesting the establishment of the PL Board, shall constitute the Board. (b) Appointment of a neutral to determine matters concerning the establishment and/or jurisdiction of a PL Board. (1) When the members of a PL Board constituted in accordance with paragraph (a) of this section, for the purpose of resolving questions concerning the establishment of the Board and/or its jurisdiction, are unable to resolve these matters, then and in that event, either party may ten (10) days thereafter request the Mediation Board to appoint a neutral member to determine these procedural issues. (2) Upon receipt of this request, the Mediation Board will notify the other party to the PL Board. The Mediation Board will then designate a neutral member to sit with the PL Board… | |||||||
| 29:29:4.1.2.1.8.0.1.2 | 29 | Labor | X | 1207 | PART 1207—ESTABLISHMENT OF SPECIAL ADJUSTMENT BOARDS | § 1207.2 Requests for Mediation Board action. | NMB | (a) Requests for the National Mediation Board to appoint neutrals or party representatives should be made on NMB Form 5. (b) Those authorized to sign request on behalf on parties: (1) The “representative of any craft or class of employees of a carrier,” as referred to in Public Law 89-456, making request for Mediation Board action, shall be either the General Chairman, Grand Lodge Officer (or corresponding officer of equivalent rank), or the Chief Executive of the representative involved. A request signed by a General Chairman or Grand Lodge Officer (or corresponding officer of equivalent rank) shall bear the approval of the Chief Executive of the employee representative. (2) The “carrier representative” making such a request for the Mediation Board's action shall be the highest carrier officer designated to handle matters arising under the Railway Labor Act. (c) Docketing of PL Board agreements: The National Mediation Board will docket agreements establishing PL Board, which agreements meet the requirements of coverage as specified in Public Law 89-456. No neutral will be appointed under § 1207.1(c) until the agreement establishing the PL Board has been docketed by the Mediation Board. | |||||||
| 29:29:4.1.2.1.8.0.1.3 | 29 | Labor | X | 1207 | PART 1207—ESTABLISHMENT OF SPECIAL ADJUSTMENT BOARDS | § 1207.3 Compensation of neutrals. | NMB | (a) Neutrals appointed by the National Mediation Board. All neutral persons appointed by the National Mediation Board under the provisions of § 1207.1 (b) and (c) will be compensated by the Mediation Board in accordance with legislative authority. Certificates of appointment will be issued by the Mediation Board in each instance. (b) Neutrals selected by the parties. (1) In cases where the party members of a PL Board created under Public Law 89-456 mutually agree upon a neutral person to be a member of the Board, the party members will jointly so notify the Mediation Board, which Board will then issue a certificate of appointment to the neutral and arrange to compensate him as under paragraph (a) of this section. (2) The same procedure will apply in cases where carrier and employee representatives are unable to agree upon the establishment and jurisdiction of a PL Board, and mutually agree upon a procedural neutral person to sit with them as a member and determine such issues. | |||||||
| 29:29:4.1.2.1.8.0.1.4 | 29 | Labor | X | 1207 | PART 1207—ESTABLISHMENT OF SPECIAL ADJUSTMENT BOARDS | § 1207.4 Designation of PL Boards, filing of agreements, and disposition of records. | NMB | (a) Designation of PL Boards. All special adjustment boards created under Public Law 89-456 will be designated PL Boards, and will be numbered serially, commencing with No. 1, in the order of their docketing by the National Mediation Board. (b) Filing of agreements. The original agreement creating the PL Board under Public Law 89-456 shall be filed with the National Mediation Board at the time it is executed by the parties. A copy of such agreement shall be filed by the parties with the Administrative Officer of the National Railroad Adjustment Board, Chicago, Ill. (c) Disposition of records. Since the provisions of section 2(a) of Public Law 89-456 apply also to the awards of PL Boards created under this Act, two copies of all awards made by the PL Boards, together with the record of proceedings upon which such awards are based, shall be forwarded by the neutrals who are members of such Boards, or by the parties in case of disposition of disputes by PL Boards without participation of neutrals, to the Administrative Officer of the National Railroad Adjustment Board, Chicago, Ill., for filing, safekeeping, and handling under the provisions of section 2(q), as may be required. | |||||||
| 7:7:10.1.1.1.4.1.54.1 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.301 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. | ||||||
| 7:7:10.1.1.1.4.1.54.10 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.310 Fiscal period and marketing year. | AMS | Fiscal period and marketing year mean the 12-month period from July 1 through June 30 of the following year or such other period which may be approved by the Secretary. | ||||||
| 7:7:10.1.1.1.4.1.54.11 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.311 Programs and projects. | AMS | Programs and projects mean those research, development, advertising or promotion programs or projects developed by the Board pursuant to § 1207.335. | ||||||
| 7:7:10.1.1.1.4.1.54.12 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.312 Importer. | AMS | [56 FR 40229, Aug. 14, 1991] | Importer means any person who imports tablestock, frozen or processed potatoes for ultimate consumption by humans, or seed potatoes into the United States. | |||||
| 7:7:10.1.1.1.4.1.54.13 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.313 Customs Service. | AMS | [56 FR 40229, Aug. 14, 1991] | Customs Service means the United States Customs Service of the United States Department of the Treasury. | |||||
| 7:7:10.1.1.1.4.1.54.2 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.302 Act. | AMS | [56 FR 40229, Aug. 14, 1991] | Act means the Potato Research and Promotion Act, Title III of Public Law 91-670, 91st Congress, approved January 11, 1971, 84 Stat. 2041, as amended. | |||||
| 7:7:10.1.1.1.4.1.54.3 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.303 Plan. | AMS | Plan means this potato research and promotion plan issued by the Secretary pursuant to the act. | ||||||
| 7:7:10.1.1.1.4.1.54.4 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.304 Person. | AMS | Person means any individual, partnership, corporation, association, or other entity. | ||||||
| 7:7:10.1.1.1.4.1.54.5 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.305 Producer. | AMS | Producer means any person engaged in the growing of 5 or more acres of potatoes who owns or shares the ownership and risk of loss of such potato crop. | ||||||
| 7:7:10.1.1.1.4.1.54.6 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.306 Potatoes. | AMS | [56 FR 40229, Aug. 14, 1991] | Potatoes means any or all varieties of Irish potatoes grown by producers in the 50 states of the United States and grown in foreign countries and imported into the United States. | |||||
| 7:7:10.1.1.1.4.1.54.7 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.307 Handle. | AMS | Handle means to grade, pack, process, sell, transport, purchase, or in any other way to place potatoes or cause potatoes to be placed in the current of commerce. Such term shall not include the transportation or delivery of field-run potatoes by the producer thereof to a handler for grading, storage, or processing. | ||||||
| 7:7:10.1.1.1.4.1.54.8 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.308 Handler. | AMS | Handler means any person (except a common or contract carrier of potatoes owned by another person) who handles potatoes, including a producer who handles potatoes of his own production. | ||||||
| 7:7:10.1.1.1.4.1.54.9 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.309 Board. | AMS | Board means the National Potato Promotion Board, hereinafter established pursuant to § 1207.320. | ||||||
| 7:7:10.1.1.1.4.1.55.14 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.320 Establishment and membership. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 49 FR 31390, Aug. 7, 1984; 56 FR 40229, Aug. 14, 1991; 87 FR 22435, Apr. 15, 2022; 89 FR 863, Jan. 8, 2024] | (a) There is hereby established a National Potato Promotion Board, hereinafter called the “Board”, composed of producers, importers, and a public member appointed by the Secretary. Producer members shall be appointed from nominations submitted by producers in the various States or groups of States pursuant to § 1207.322. Importer members shall be appointed from nominations submitted by importers pursuant to § 1207.322. The public member shall be nominated by Board members in such manner as recommended by the Board and approved by the Secretary, and shall be appointed by the Secretary. (b) Producer membership upon the Board shall be determined on the basis of the potato production reported in the latest Crop Production Annual Summary Report issued by the National Agricultural Statistics Service of the U.S. Department of Agriculture. If a State's potato production data is not provided by the National Agricultural Statistics Service, the Board may use an alternative data source that reliably reflects potato production in the United States. Unless the Secretary, upon recommendation of the Board, determines an alternate basis, for each 10 million hundredweight of such production, or major fraction thereof, produced within each State, such State shall be entitled to one member. However, each State shall initially be entitled to at least one member. (c) The number of importer member positions on the Board shall be based on the hundredweights of potatoes, potato products equivalent to fresh potatoes, and seed potatoes imported into the United States but shall not exceed two importer members. Unless the Secretary, upon recommendation of the Board, determines an alternate basis, there shall be one importer member position for each 10 million hundredweight, or major fraction thereof, of potatoes, potato product equivalents, and seed potatoes imported into the United States. (d) Any State in which the potato producers fail to respond to an officially called nomination meeting may be combined with an adjacent State for the… | |||||
| 7:7:10.1.1.1.4.1.55.15 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.321 Term of office. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40229, Aug. 14, 1991; 89 FR 863, Jan. 8, 2024] | (a) The term of office of Board members shall be 3 years, beginning March 1, or such other beginning date as may be approved pursuant to regulations. (b) The terms of office of the Board's producer members shall be so determined that approximately one-third of the terms will expire each year. Importer and public member terms shall run concurrently. All members serving on the Board on the effective date of this amendment to the Plan shall continue serving the term to which they were appointed. (c) Board members shall serve during the term of office for which they are selected and have qualified, and until their successors are selected and have qualified. (d) No member shall serve for more than two full successive terms of office. | |||||
| 7:7:10.1.1.1.4.1.55.16 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.322 Nominations and appointment. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 56 FR 40229, Aug. 14, 1991; 89 FR 863, Jan. 8, 2024] | The Secretary shall select the producer, importer, and public members of the Board from nominations which may be made in the following manner. (a) A meeting or meetings of producers shall be held in each State to nominate producer members for the Board. For nominations to the initial Board the meetings shall be announced by the U.S. Department of Agriculture. The Department may call upon other organizations to assist in conducting the meetings such as State and national organizations of potato producers. Such nomination meetings shall be held not later than 60 days after the issuance of this subpart. Any organization designated to hold such nomination meetings shall give adequate notice of such meetings to the potato producers affected; also to the Secretary so that a representative of the Secretary, if available, may conduct such meetings or act as secretary of such nomination meetings. (b) After the establishment of the initial Board, the nominations for subsequent Board producer members shall be made by producers at meetings in the producing sections or States. The Board shall hold such meetings, or cause them to be held, in accordance with rules established pursuant to recommendation of the Board. (c) Only producers may participate in designating producer nominees. Each producer is entitled to one vote only on behalf of himself, his partners, agents, subsidiaries, affiliates, and representatives for each position for which nominations are being held. If a producer is engaged in producing potatoes in more than one State, he shall elect the State in which he shall vote. In no event shall he vote in nominations in more than one meeting. (d) The importer members shall be nominated by importers of potatoes, potato products and/or seed potatoes. The number of importer members on the Board shall be announced by the Secretary and shall not exceed two members. The Board may call upon organizations of potato, potato products and/or seed potato importers to assist in nominating importers for membership on the Board.… | |||||
| 7:7:10.1.1.1.4.1.55.17 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.323 Acceptance. | AMS | Each person selected by the Secretary as a member of the Board shall qualify by filing a written acceptance with the Secretary promptly after being notified of such selection. | ||||||
| 7:7:10.1.1.1.4.1.55.18 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.324 Vacancies. | AMS | To fill any vacancy caused by the failure of any person selected as a member of the Board to qualify, or in the event of the death, removal, resignation, or disqualification of any member, a successor shall be nominated and selected in the manner specified in § 1207.322. In the event of failure to provide nominees for such vacancies, the Secretary may select other eligible persons. | ||||||
| 7:7:10.1.1.1.4.1.55.19 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.325 Procedure. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 57 FR 40083, Sept. 2, 1992; 89 FR 863, Jan. 8, 2024] | (a) Each State (or district or group of States established pursuant to § 1207.320) which has a member on the Board shall be entitled to not less than one vote for any production up to 1 million hundredweight, plus one additional vote for each additional 1 million hundredweight of production, or major fraction thereof, as determined by the latest crop production annual summary report issued by the Crop Reporting Board, U.S. Department of Agriculture. The casting of the votes for each State shall be determined by the members of the Board from that State. (b) A majority of the Board members shall constitute a quorum and any action of the Board shall require a majority of concurring votes of those present and voting. At assembled meetings all votes shall be cast in person or by duly authorized proxy. (c) For routine and noncontroversial matters which do not require deliberation and the exchange of views, and for matters of an emergency nature when there is not enough time to call an assembled meeting, the Board may act upon a majority of concurring votes of its members cast by mail, telephone, electronic mail, facsimile, or any other means of communication. Any vote cast by telephone shall be confirmed promptly in writing. | |||||
| 7:7:10.1.1.1.4.1.55.20 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.326 Compensation and reimbursement. | AMS | Members of the Board shall serve without compensation but shall be reimbursed for reasonable expenses incurred by them in the performance of their duties as members of the Board. | ||||||
| 7:7:10.1.1.1.4.1.55.21 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.327 Powers. | AMS | The Board shall have the following powers subject to § 1207.361: (a) To administer the provisions of this plan in accordance with its terms and conditions; (b) To make rules and regulations to effectuate the terms and conditions of this plan; (c) To receive, investigate, and report to the Secretary complaints of violations of this plan; and (d) To recommend to the Secretary amendments to this plan. | ||||||
| 7:7:10.1.1.1.4.1.55.22 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.328 Duties. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 56 FR 40230, Aug. 14, 1991; 57 FR 40083, Sept. 2, 1992] | The Board shall, among other things, have the following duties: (a) To meet and organize and to select from among its members a president and such other officers as may be necessary; to select committees and subcommittees of Board members to nominate the public member; to adopt such rules for the conduct of its business as it may deem advisable; and it may establish advisory committees of persons other than Board members; (b) To employ such persons as it may deem necessary and to determine the compensation and define the duties of each; and to protect the handling of Board funds through fidelity bonds; (c) At the beginning of each fiscal period, to prepare and submit to the Secretary for his approval a budget on a fiscal period basis of the anticipated expenses in the administration of this plan including the probable costs of all programs or projects and to recommend a rate of assessment with respect thereto; (d) To develop programs and projects and to enter into contracts or agreements for the development and carrying out of programs or projects of research, development, advertising or promotion, and the payment of the costs thereof with funds collected pursuant to this plan; (e) To keep minutes, books, and records which clearly reflect all of the acts and transactions of the Board. Minutes of each Board meeting shall be promptly reported to the Secretary; (f) To cause the books of the Board to be audited by a certified public accountant at least once each fiscal period, and at such other time as the Board may deem necessary. The report of such audit shall show the receipt and expenditure of funds collected pursuant to this part. Two copies of each such report shall be furnished to the Secretary and a copy of each such report shall be made available at the principal office of the Board for inspection by producers, handlers, and importers; (g) To give the Secretary the same notice of meetings of the Board and its subcommittees as is given to its members; (h) To act as intermediary between the Secretary a… | |||||
| 7:7:10.1.1.1.4.1.56.23 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.335 Research and promotion. | AMS | The Board shall develop and submit to the Secretary for approval any programs or projects authorized in this section. Such programs or projects shall provide for: (a) The establishment, issuance, effectuation and administration of appropriate programs or projects for the advertising and promotion of potatoes and potato products: Provided, however, That any such program or project shall be directed toward increasing the general demand for potatoes and potato products; (b) Establishing and carrying on research and development projects and studies to the end that the marketing and utilization of potatoes may be encouraged, expanded, improved, or made more efficient: Provided, That quality control, grade standards and supply management programs shall not be conducted under, or as a part of, this plan; and (c) The development and expansion of potato and potato product sales in foreign markets. (d) No advertising or promotion program shall make any reference to private brand names or use false or unwarranted claims in behalf of potatoes or their products or false or unwarranted statements with respect to the attributes or use of any competing products. | ||||||
| 7:7:10.1.1.1.4.1.57.24 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.341 Budget and expenses. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984] | (a) At the beginning of each fiscal period, or as may be necessary thereafter, the Board shall prepare and recommend a budget on a fiscal period basis of its anticipated expenses and disbursements in the administration of this plan, including probable costs of research, development, advertising, and promotion. The Board shall also recommend a rate of assessment calculated to provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in § 1207.344. (b) The Board is authorized to incur such expenses for research, development, advertising, or promotion of potatoes and potato products, such other expenses for the administration, maintenance, and functioning of the Board, and any referendum and administrative costs incurred by the Department of Agriculture as are approved pursuant to § 1207.361. | |||||
| 7:7:10.1.1.1.4.1.57.25 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.342 Assessments. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 49 FR 20806, May 17, 1984; 56 FR 40230, Aug. 14, 1991] | (a) The funds to cover the Board's expenses shall be acquired by the levying of assessments upon handlers and importers as designated in regulations recommended by the Board and issued by the Secretary. Such assessments shall be levied at a rate fixed by the Secretary which shall not exceed one-half of one per centum of the immediate past ten calendar years United States average price received for potatoes by growers as reported by the Department of Agriculture and not more than one such assessment may be collected on any potatoes. (b) Each designated handler, as specified in regulations, shall pay assessments to the Board on all potatoes handled by him, including potatoes he produced. Assessments shall be paid to the Board at such time and in such manner as the Board shall direct pursuant to regulations issued hereunder. The designated handler may collect the assessments from the producer, or deduct such assessments from the proceeds paid to the producer on whose potatoes the assessments are made, provided he furnishes the producer with evidence of such payment. (c) The importer of imported potatoes, potato products, or seed potatoes shall pay the assessment to the Board at the time of entry, or withdrawal, for consumption of such potatoes and potato products into the United States. (d) The assessment on imported tablestock potatoes and frozen or processed potato products for ultimate consumption by humans and on seed potatoes shall be established by the Board so that the effective assessment shall be equal to that on domestic production. (e) The Board may authorize other organizations to collect assessments in its behalf. (f) The Board may exempt potatoes used for nonfood purposes, other than seed, from the provisions of this plan and shall establish adequate safeguards against improper use of such exemptions. | |||||
| 7:7:10.1.1.1.4.1.57.26 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.343 [Reserved] | AMS | |||||||
| 7:7:10.1.1.1.4.1.57.27 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.344 Operating reserve. | AMS | The Board may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in a reserve so established: Provided, That funds in the reserve shall not exceed approximately two fiscal periods' expenses. Such reserve funds may be used to defray any expenses authorized under this part. | ||||||
| 7:7:10.1.1.1.4.1.58.28 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.350 Reports. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40230, Aug. 14, 1991] | (a) Each designated handler shall maintain a record with respect to each producer for whom he handled potatoes and for potatoes handled which he himself produced. He shall report to the Board at such times and in such manner as it may prescribe by regulations such information as may be necessary for the Board to perform its duties under this part. Such reports may include, but shall not be limited to, the following: (1) Total quantity of potatoes handled for each producer and for himself, including those which are exempt under the plan; (2) Total quantity of potatoes handled for each producer and for himself subject to the plan and assessments, and (3) Name and address of each person from whom he collected an assessment, the amount collected from each person, and the date such collection was made. (b) Each importer shall report to 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 under this part. | |||||
| 7:7:10.1.1.1.4.1.58.29 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.351 Books and records. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40230, Aug. 14, 1991] | Each handler or importer subject to this part shall maintain and make available for inspection by authorized employees of the Board and the Secretary such books and records as are appropriate and necessary to carry out the provisions of this Plan and the regulations issued thereunder, including such records as are necessary to verify any reports required. Such records shall be maintained for at least 2 years beyond the marketing year of their applicability. | |||||
| 7:7:10.1.1.1.4.1.58.30 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.352 Confidential treatment. | AMS | [56 FR 40230, Aug. 14, 1991] | All information obtained from books, records, or reports required pursuant to this part shall be kept confidential by all employees of the Department of Agriculture and of the Board, and by all contractors and agents retained by the Board, and only such information so furnished or acquired as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or upon the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this Plan. Nothing in this section shall be deemed to prohibit: (a) The issuance of general statements based upon the reports of a number of handlers or importers subject to this Plan, which statements do not identify the information furnished by any person; or (b) The publication by direction of the Secretary of the name of any person violating this Plan, together with a statement of the particular provisions of this Plan violated by such person. | |||||
| 7:7:10.1.1.1.4.1.59.31 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.360 Influencing governmental action. | AMS | No funds collected by the Board under this plan shall in any matter be used for the purpose of influencing governmental policy or action except in recommending to the Secretary amendments to this subpart. | ||||||
| 7:7:10.1.1.1.4.1.59.32 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.361 Right of the Secretary. | AMS | All fiscal matters, programs or projects, rules or regulations, reports, or other substantive action proposed and prepared by the Board shall be submitted to the Secretary for his approval. | ||||||
| 7:7:10.1.1.1.4.1.59.33 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.362 Suspension or termination. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40230, Aug. 14, 1991] | (a) The Secretary shall, whenever he finds that this plan or any provision thereof obstructs or does not tend to effectuate the declared policy of the act, terminate or suspend the operation of this plan or such provision thereof. (b) The Secretary may conduct a referendum at any time, and shall hold a referendum on request of the Board or of 10 percent or more of the potato producers and importers to determine whether potato producers and importers favor termination or suspension of this plan. The Secretary shall suspend or terminate such plan at the end of the marketing year whenever the Secretary determines that its suspension or termination is favored by a majority of the potato producers and importers voting in such referendum who, during a representative period determined by the Secretary, have been engaged in the production or importation of potatoes or potato products, and who produced or imported more than 50 percent of the volume of the potatoes or potato products produced or imported by the producers and importers voting in the referendum. | |||||
| 7:7:10.1.1.1.4.1.59.34 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.363 Proceedings after termination. | AMS | [37 FR 5008, Mar. 9, 1972, as amended at 56 FR 40231, Aug. 14, 1991] | (a) Upon the termination of this plan, the Board shall recommend not more than five 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 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 by it pursuant to this plan; (3) account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Board and of the trustees, to such person or persons as the Secretary may direct; and (4) upon the request of the Secretary execute such assignments or other instruments necessary or appropriate to vest in such person or persons full title and right to all of the funds, property, and claims vested in the Board of the trustees pursuant to this section. (c) Any person to whom funds, property, or claims have been transferred or delivered pursuant to this section shall be subject to the same obligation imposed upon the Board and upon the trustee. (d) A reasonable effort shall be made by the Board or its trustees to return to producers and importers any residual funds not required to defray the necessary expenses of liquidation. If it is found impractical to return such remaining funds to producers and importers, such funds shall be disposed of in such manner as the Secretary may determine to be appropriate. | |||||
| 7:7:10.1.1.1.4.1.59.35 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.364 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, the termination of this plan 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 plan or any regulation issued thereunder, or (b) release or extinguish any violation of this plan 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 person, with respect to any such violation. | ||||||
| 7:7:10.1.1.1.4.1.59.36 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.365 Personal liability. | AMS | No 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 judgments, mistakes, or other acts, either of commission or omission, as such member except for acts of willful misconduct, gross negligence, or those which are criminal in nature. | ||||||
| 7:7:10.1.1.1.4.1.59.37 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Potato Research and Promotion Plan | § 1207.366 Separability. | AMS | If any provision of this plan is declared invalid or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of this plan or applicability thereof to other persons or circumstances shall not be affected thereby. | ||||||
| 7:7:10.1.1.1.4.2.60.1 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.500 Definitions. | AMS | [37 FR 17379, Aug. 26, 1972, as amended at 56 FR 40231, Aug. 14, 1991; 57 FR 40083, Sept. 2, 1992] | (a) Unless otherwise defined in this subpart, definitions of terms used in this subpart shall have the same meaning as the definitions of such terms which appear in Subpart—Potato Research and Promotion Plan. (b) Processor. Processor means any person who commercially processes potatoes into potato products, including, but not restricted to, frozen, dehydrated, or canned potato products, potato chips and shoestrings, and flour. (c) Imported frozen or processed potatoes for ultimate consumption by humans. Imported frozen or processed potatoes for ultimate consumption by humans means products which are imported into the United States which the Secretary determines contain a substantial amount of potato. | |||||
| 7:7:10.1.1.1.4.2.61.2 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.501 [Reserved] | AMS | |||||||
| 7:7:10.1.1.1.4.2.61.3 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.502 Determination of membership. | AMS | [56 FR 40231, Aug. 14, 1991, as amended at 87 FR 22435, Apr. 15, 2022] | (a) Pursuant to § 1207.320 and the recommendation of the Board, annual producer memberships on the Board shall be determined on the basis of the average potato production of the 3 preceding years in each State as set forth in the Crop Production Annual Summary Reports issued by the National Agricultural Statistics Service of the U.S. Department of Agriculture. If a State's potato production data is not provided by the National Agricultural Statistics Service, the Board may use an alternative data source that reliably reflects potato production in the United States. (b) Pursuant to § 1207.320 and the recommendation of the Board, annual importer memberships on the Board shall be determined on the basis of the average potato, potato product, and seed potato importation of the 3 preceding years as determined by the Board's records. | |||||
| 7:7:10.1.1.1.4.2.61.4 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.503 Nominations. | AMS | [37 FR 17379, Aug. 26, 1972, as amended at 49 FR 2093, Jan. 18, 1984; 56 FR 40231, Aug. 14, 1991; 62 FR 46179, Sept. 2, 1997; 89 FR 863, Jan. 8, 2024] | (a) Pursuant to § 1207.322 of the plan, the Board shall assist producers in producing sections or States each year to nominate producer members for the Board. Such nominations may be conducted at meetings or with ballots submitted by mail, electronic mail, facsimile, or any other means of communication. One individual shall be nominated for each position to become vacant. A list of nominees shall be submitted to the Secretary for consideration by November 1 of each year. (b) Pursuant to § 1207.322 of the plan, the Board shall assist importers each year to nominate importer members for the Board. Such nominations may be conducted at meetings or with ballots submitted by mail, electronic mail, facsimile, or any other means of communication. (c) Nomination meetings or balloting by mail, electronic mail, facsimile, or any other means of communication shall be well publicized with notice given to producers, importers, and the Secretary at least 10 days prior to each meeting or distribution of ballots. (d) The public member shall be nominated by the producer and importer members of the Board. | |||||
| 7:7:10.1.1.1.4.2.61.5 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.504 Term of office. | AMS | [38 FR 7123, Mar. 16, 1973, as amended at 49 FR 2093, Jan. 18, 1984; 89 FR 863, Jan. 8, 2024] | (a) The term of office of Board members shall be for three years and shall begin March 1 and end on the last day of February. (b) Board members shall serve during the term of office for which they are selected and have qualified and until their successors are selected and have qualified. | |||||
| 7:7:10.1.1.1.4.2.61.6 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.505 Procedure. | AMS | [62 FR 46179, Sept. 2, 1997] | (a) The procedure for conducting the Board's meetings shall be in accordance with the bylaws adopted by the Board on June 7, 1972, and approved by the Secretary and any subsequent amendments adopted by the Board and approved by the Secretary. (b) Each importer member shall be entitled to not less than one vote. Importer members shall also be entitled to one additional vote for each 1 million hundredweight, or major fraction thereof, on a fresh-weight basis, of imported tablestock potatoes, potato products, or seed potatoes, as determined by data on imports provided by the U.S. Department of Agriculture. The casting of such votes shall be determined by the importer members. | |||||
| 7:7:10.1.1.1.4.2.61.7 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.506 Policy. | AMS | (a) It shall be the policy of the Board to carry out an effective and continuous coordinated program of marketing research, development, advertising, and promotion in order to help maintain and expand existing domestic and foreign markets for potatoes and to develop new or improved markets. (b) It shall be the objective of the Board to carry out programs and projects which will provide maximum benefit to the potato industry and no undue preference shall be given to any of the various industry segments. | ||||||
| 7:7:10.1.1.1.4.2.61.8 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.507 Administrative Committee. | AMS | [37 FR 17379, Aug. 26, 1972, as amended by Amdt. 6, 42 FR 55879, Oct. 20, 1977; 44 FR 25621, May 2, 1979; 50 FR 25199, June 18, 1985; 56 FR 40231, Aug. 14, 1991; 59 FR 44036, Aug. 26, 1994; 71 FR 76901, Dec. 22, 2006; 78 FR 52082, Aug. 22, 2013; 89 FR 863, Jan. 8, 2024] | (a) The Board shall annually select from among its members an Administrative Committee composed of producer members as provided for in the Board's bylaws, one or more importer members, and the public member. Selection shall be made in such manner as the Board may prescribe: Except that such committee shall include the Chairperson and nine Vice-Chairpersons, one of whom shall also serve as the Secretary and Treasurer of the Board. (b) The Administrative Committee shall act for the Board in implementing such marketing research, development, advertising, and/or promotion activities as directed by the Board, and shall, subject to such direction, be charged with developing and submitting to the Secretary for his approval specific programs or projects in the name of the Board. The Administrative Committee shall further act for the Board in authorizing contracts or agreements for the development and carrying out of such programs or projects and the payment of the costs thereof with funds collected pursuant to § 1207.342 of the plan. (1) The Administrative Committee also shall act for the Board in contracting with cooperating agencies for the collection of assessments pursuant to § 1207.513(d). (2) [Reserved] (c) The Board may assign such other administrative powers and duties to the Administrative Committee as it shall determine, and the Administrative Committee shall act on behalf of and in the name of the Board in all administrative matters. | |||||
| 7:7:10.1.1.1.4.2.61.9 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.508 USDA costs. | AMS | [49 FR 26202, June 27, 1984] | Pursuant to § 1207.341 of the Plan the Board shall pay those administrative costs incurred by the U.S. Department of Agriculture for the conduct of its duties under the Plan as are determined periodically by the Secretary. Payment shall be due promptly after billing for such costs. | |||||
| 7:7:10.1.1.1.4.2.62.10 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.510 Levy of assessments. | AMS | [57 FR 40083, Sept. 2, 1992, as amended at 58 FR 3359, Jan. 8, 1993; 59 FR 44036, Aug. 26, 1994; 71 FR 11296, Mar. 7, 2006; 71 FR 50330, Aug. 25, 2006; 74 FR 63543, Dec. 4, 2009; 75 FR 14491, Mar. 26, 2010; 87 FR 22436, Apr. 15, 2022] | (a) Domestic assessments. (1) An assessment rate of 3 cents per hundredweight shall be levied on all potatoes produced within the 50 states of the United States. (2) No assessment shall be levied on potatoes grown in the 50 States of the United States by producers of less than 5 acres of potatoes. (b) Assessments on imports. (1) An Assessment rate of 3 cents per hundredweight shall be levied on all tablestock potatoes imported into the United States for ultimate consumption by humans and all seed potatoes imported into the United States. An assessment rate of 3 cents per hundredweight shall be levied on the fresh weight equivalents of imported frozen or processed potatoes for ultimate consumption by humans. The importer of imported tablestock potatoes, potato products, or seed potatoes shall pay the assessment to the Board through the U.S. Customs and Border Protection at the time of entry or withdrawal for consumption of such potatoes and potato products into the United States. (2) The following conversion factors shall be used to determine the fresh weight equivalents of frozen and processed potato products: (3) The Harmonized Tariff Schedule (HTS) categories and assessment rates on imported tablestock potatoes and frozen or processed potatoes for ultimate consumption by humans and on imported seed potatoes are listed in the following table. In the event that any HTS number subject to assessment is changed and such change is merely a replacement of a previous number and has no impact on the description of the potatoes, assessments will continue to be collected based on the new numbers. (4) No assessments shall be levied on otherwise assessable potatoes which are contained in imported products wherein potatoes are not a principal ingredient. (c) Potatoes and potato products used for nonhuman food purposes, other than seed, are exempt from assessment but are subject to the disposition of exempted potatoes provisions of § 1207.515 of this subpart. (d) No more than one such assessment shall be made on an… | |||||
| 7:7:10.1.1.1.4.2.62.11 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.511 Determination of assessable quantity. | AMS | The assessable quantity of potatoes in any lot shall be determined on the basis of utilization. Assessments shall be due on the entire lot handled for human consumption, seed, or unspecified purposes if there is no accounting made on the basis of the utilization of such lot. However, if the accounting identifies all or portions of such lot on the basis of utilization, assessments shall be due only on that portion utilized for human consumption and seed. | ||||||
| 7:7:10.1.1.1.4.2.62.12 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.512 Designated handler. | AMS | [37 FR 17379, Aug. 26, 1972, as amended by Amdt. 4, 40 FR 7893, Feb. 24, 1975; Amdt. 7, 43 FR 9133, Mar. 6, 1978; Amdt. 8, 43 FR 51001, Nov. 2, 1978; 56 FR 40231, Aug. 14, 1991] | The assessment on each lot of potatoes produced in the 50 States of the United States and handled shall be paid by the designated handler as hereafter set forth. (a) Unless otherwise provided in paragraphs (a)(8), (b), and (c) of this section, the designated handler shall be the first handler of such potatoes. The first handler is the person who initially performs a handler function as heretofore defined. Such person may be a fresh shipper, processor, or other person who first places the potatoes in the channels of commerce. A producer who grades, packs, or otherwise performs handler functions thereby becomes a handler and as such assumes first handler responsibilities under this part. The following examples are provided to aid in identification of first handlers who are designated handlers: (1) Producer delivers field-run potatoes of his own production to a handler for preparation for market. The handler in this instance is the designated handler, regardless of whether he subsequently handles such potatoes for his own account or for the account of the producer. (2) Producer delivers field-run potatoes of his own production to a handler who takes title to such potatoes and places them in storage for subsequent handling. The handler who purchases such potatoes from the producer is the designated handler. (3) Producer delivers field-run potatoes to a commercial storage facility for the purpose of holding such potatoes under his own account for later sale. There is no designated handler in this instance since such potatoes have not been handled as heretofore defined and no assessment is due. The designated handler of such potatoes would be identified on the basis of subsequent handling of such potatoes. (4) Fresh shipper purchases a lot of potatoes from a producer, packs a portion of such potatoes for fresh market, and delivers the balance to a processor. The fresh shipper is the designated handler for all potatoes in the lot. (5) Handler purchases potatoes from a producer's field or storage for the purpose of… | |||||
| 7:7:10.1.1.1.4.2.62.13 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.513 Payment of assessments. | AMS | [37 FR 17379, Aug. 26, 1972, as amended by Amdt. 6, 42 FR 55879, Oct. 20, 1977; 56 FR 40231, Aug. 14, 1991; 62 FR 46179, Sept. 2, 1997; 87 FR 22436, Apr. 15, 2022] | (a) Time of payment. The assessment on domestically produced potatoes shall become due at the time a determination of assessable potatoes is made in the normal handling process, pursuant to § 1207.511. If no determination is made of the utilization of a lot, assessments shall be due on the entire lot when it enters the current of commerce. The assessment on imported potatoes, potato products, and seed potatoes shall become due at the time of entry, or withdrawal, for consumption into the United States. (b) Responsibility for payment. (1) The designated handler is responsible for payment of the assessment on domestically produced potatoes. He may pay with no reimbursement from the producer. In the alternative, he may collect the assessment from the producer, or deduct such assessment from the proceeds paid to the producer on whose potatoes the assessment is made, provided he furnishes the producer with evidence of such payment. Any such collection or deduction of assessment shall be made not later than the time when the assessment becomes payable by the handler to the Board. Failure of the handler to collect or deduct such assessment does not relieve the handler of his obligation to remit the assessment to the Board. (2) The Customs Service shall collect payment of assessment on imported potatoes, potato products, and seed potatoes from importers and forward such assessment per agreement between the Customs Service and the U.S. Department of Agriculture. Importers shall be responsible for payment of assessment directly to the Board of any assessment due but not collected by the Customs Service at the time of entry, or withdrawal, for consumption into the United States. An importer may apply to the Board for reimbursement of assessments paid on exempted products. (c) Payment directly to the Board. (1) Except as provided in paragraphs (b) and (d) of this section, each designated handler or importer shall remit assessments directly to the Board by check or electronic payment. Checks are to be made payable to… | |||||
| 7:7:10.1.1.1.4.2.62.14 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.514 Exemption for organic potatoes. | AMS | [70 FR 2755, Jan. 14, 2005, as amended at 80 FR 82024, 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 OFPA (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) To apply for exemption under this section, the 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 July 1, for as long as the producer continues to be eligible for the exemption. (c) The 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 certificate of organic operation 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) Certific… | |||||
| 7:7:10.1.1.1.4.2.62.15 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.515 Safeguards. | AMS | [37 FR 17379, Aug. 26, 1972, as amended at 56 FR 40232, Aug. 14, 1991] | The Board may require reports by designated handlers and importers on the handling, importation, and disposition of exempted potatoes. Also, authorized employees of the Board or the Secretary, may inspect such books and records as are appropriate and necessary to verify the reports on such disposition. | |||||
| 7:7:10.1.1.1.4.2.63.16 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.532 Retention period for records. | AMS | [37 FR 17379, Aug. 26, 1972, as amended at 56 FR 40232, Aug. 14, 1991] | Each handler and importer required to make reports pursuant to this subpart shall maintain and retain such records for at least 2 years beyond the end of the marketing year of their applicability: (a) One copy of each report made to the Board; and (b) Such records as are necessary to verify such reports. | |||||
| 7:7:10.1.1.1.4.2.63.17 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.533 Availability of records. | AMS | [56 FR 40232, Aug. 14, 1991] | (a) Each handler and importer required to make reports pursuant to this subpart shall make available for inspection by authorized employees of the Board or the Secretary during regular business hours, such records as are appropriate and necessary to verify reports required under this subpart. (b) Importers shall also maintain for 2 years records on the total quantities of potatoes imported and on the total quantities of potato products imported, and a record of each importation of potatoes, potato products, and seed potatoes including quantity, date, and port of entry, and shall make such records available for inspection by authorized employees of the Board or the Secretary during regular business hours. | |||||
| 7:7:10.1.1.1.4.2.63.18 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.534 OMB control number assigned pursuant to the Paperwork Reduction Act. | AMS | [49 FR 23826, June 8, 1984] | The information collection requirements contained in this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been assigned OMB Control number 0581-0093. | |||||
| 7:7:10.1.1.1.4.2.64.19 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.540 Confidential books, records, and reports. | AMS | [56 FR 40232, Aug. 14, 1991] | All information obtained from the books, records, and reports of handler and importers and all information with respect to refunds of assessments made to individual producers and importers shall be kept confidential in the manner and to the extent provided for in § 1207.352 of the Plan. | |||||
| 7:7:10.1.1.1.4.2.64.20 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.545 Right of the Secretary. | AMS | All fiscal matters, programs or projects, rules or regulations, reports, or other substantive action proposed and prepared by the Board shall be submitted to the Secretary for his approval. | ||||||
| 7:7:10.1.1.1.4.2.64.21 | 7 | Agriculture | XI | 1207 | PART 1207—POTATO RESEARCH AND PROMOTION PLAN | Subpart—Rules and Regulations | § 1207.546 Personal liability. | AMS | No 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, except for acts of willful misconduct, gross negligence, or those which are criminal in nature. |
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