cfr_sections
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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:10.1.1.1.5.1.77.1 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.1 Act. | AMS | Act means the Mushroom Promotion, Research, and Consumer Information Act of 1990, subtitle B of title XIX of the Food, Agriculture, Conservation, and Trade Act of 1990, Pub. L. 101-624, 7 U.S.C. 6101-6112, and any amendments thereto. | |||||
| 7:7:10.1.1.1.5.1.77.10 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.10 Marketing. | AMS | (a) Marketing means the sale or other disposition of mushrooms in any channel of commerce. (b) To market means to sell or otherwise dispose of mushrooms in any channel of commerce. | |||||
| 7:7:10.1.1.1.5.1.77.11 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.11 Mushrooms. | AMS | Mushrooms means all varieties of cultivated mushrooms grown within the United States and marketed for the fresh market, or imported into the United States and marketed for the fresh market, except such term shall not include mushrooms that are commercially marinated, canned, frozen, cooked, blanched, dried, packaged in brine, or otherwise processed in such manner as the Council, with the approval of the Secretary, may determine. | |||||
| 7:7:10.1.1.1.5.1.77.12 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.12 On average. | AMS | On average means a rolling average of production or imports during the last two fiscal years, or such other period as may be determined by the Secretary. | |||||
| 7:7:10.1.1.1.5.1.77.13 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.13 Part and subpart. | AMS | Part means this mushroom promotion and research order and all rules and regulations and supplemental orders issued thereunder, and the term subpart means the mushroom promotion and research order. | |||||
| 7:7:10.1.1.1.5.1.77.14 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.14 Person. | AMS | Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. | |||||
| 7:7:10.1.1.1.5.1.77.15 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.15 Producer. | AMS | Producer means any person engaged in the production of mushrooms who owns or shares the ownership and risk of loss of such mushrooms and who produces, on average, over 500,000 pounds of mushrooms per year. | |||||
| 7:7:10.1.1.1.5.1.77.16 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.16 Programs, plans, and projects. | AMS | Programs, plans, and projects means promotion, research, consumer information, and industry information plans, studies, projects, or programs conducted pursuant to this part. | |||||
| 7:7:10.1.1.1.5.1.77.17 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.17 Promotion. | AMS | Promotion means any action determined by the Secretary to enhance the image or desirability of mushrooms, including paid advertising. | |||||
| 7:7:10.1.1.1.5.1.77.18 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.18 Region. | AMS | Region means one of the described geographic subdivisions of the production areas described in § 1209.30 (b) or as later realigned or reapportioned pursuant thereto, or the import region described in § 1209.30(c). | |||||
| 7:7:10.1.1.1.5.1.77.19 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.19 Research. | AMS | Research means any type of study to advance the image, desirability, safety, marketability, production, product development, quality, or nutritional value of mushrooms. | |||||
| 7:7:10.1.1.1.5.1.77.2 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.2 Commerce. | AMS | Commerce means interstate, foreign, or intrastate commerce. | |||||
| 7:7:10.1.1.1.5.1.77.20 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.20 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 the Secretary's stead. | |||||
| 7:7:10.1.1.1.5.1.77.21 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.21 State and United States. | AMS | (a) State means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) United States means collectively the several States of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico. | |||||
| 7:7:10.1.1.1.5.1.77.3 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.3 Consumer information. | AMS | Consumer information means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchase, preparation, and use of mushrooms. | |||||
| 7:7:10.1.1.1.5.1.77.4 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.4 Council. | AMS | Council means the administrative body referred to as the Mushroom Council established under § 1209.30 of this subpart. | |||||
| 7:7:10.1.1.1.5.1.77.5 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.5 Department. | AMS | Department means the United States Department of Agriculture. | |||||
| 7:7:10.1.1.1.5.1.77.6 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.6 First handler. | AMS | First handler means any person who receives or otherwise acquires mushrooms from a producer and prepares for marketing or markets such mushrooms, or who prepares for marketing or markets mushrooms of that person's own production. | |||||
| 7:7:10.1.1.1.5.1.77.7 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.7 Fiscal year. | AMS | Fiscal year means the 12-month period from January 1 to December 31 each year, or such other period as recommended by the Council and approved by the Secretary. | |||||
| 7:7:10.1.1.1.5.1.77.8 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.8 Importer. | AMS | Importer means any person who imports, on average, over 500,000 pounds of mushrooms annually from outside the United States. | |||||
| 7:7:10.1.1.1.5.1.77.9 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.9 Industry information. | AMS | Industry information means information and programs that will lead to the development of new markets and marketing strategies, increased efficiency, and activities to enhance the image of the mushroom industry. | |||||
| 7:7:10.1.1.1.5.1.78.22 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.30 Establishment and membership. | AMS | [58 FR 3449, Jan. 8, 1993, as amended at 74 FR 50919, Oct. 2, 2009] | (a) There is hereby established a Mushroom Council of not less than four or more than nine members. The Council shall be composed of producers appointed by the Secretary under § 1209.33, except that, as provided in paragraph (c) of this section, importers shall be appointed by the Secretary to the Council under § 1209.33 once imports, on average, reach at least 50,000,000 pounds of mushrooms annually. (b) For purposes of nominating and appointing producers to the Council, the United States shall be divided into three geographic regions and the number of Council members from each region shall be as follows: (1) Region 1: All other States including the District of Columbia and the Commonwealth of Puerto Rico except for Pennsylvania and California—2 Members. (2) Region 2: The State of Pennsylvania—4 Members. (3) Region 3: The State of California—2 Members. (c) Importers shall be represented by a single, separate region, referred to as Region 4, consisting of the United States when imports, on average, equal or exceed 50,000,000 pounds of mushrooms annually. (d) At least every five years, and not more than every three years, the Council shall review changes in the geographic distribution of mushroom production volume throughout the United States and import volume, using the average annual mushroom production and imports over the preceding four years, and, based on such review, shall recommend to the Secretary reapportionment of the regions established in paragraph (b) of this section, or modification of the number of members from such regions, as determined under the rules established in paragraph (e), of this section or both, as necessary to best reflect the geographic distribution of mushroom production volume in the United States and representation of imports, if applicable. (e) Subject to the nine-member maximum limitation, the following procedure will be used to determine the number of members for each region to serve on the Council under paragraph (d) of this section: (1) Each region that produces… | ||||
| 7:7:10.1.1.1.5.1.78.23 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.31 Nominations. | AMS | All nominations for appointments to the Council under § 1209.33 shall be made as follows: (a) As soon as practicable after this subpart becomes effective, nominations for appointment to the initial Council shall be obtained from producers by the Secretary. In any subsequent year in which an appointment to the Council is to be made, nominations for positions whose terms will expire at the end of that year shall be obtained from producers, and as appropriate, importers, and certified by the Council and submitted to the Secretary by August 1 of such year, or such other date as approved by the Secretary. (b) Nominations shall be made at regional caucuses of producers or importers, or by mail ballot as provided in paragraph (e), in accordance with procedures prescribed in this section. (c) Except for initial Council members, whose nomination process will be initiated by the Secretary, the Council shall issue a call for nominations by February 1 of each year in which nominations for an appointment to the Council is to be made. The call shall include, at a minimum, the following information: (1) A list by region of the vacancies for which nominees may be submitted and qualifications as to producers and importers. (2) The date by which the names of nominees shall be submitted to the Secretary for consideration to be in compliance with paragraph (a) of this section. (3) A list of those States, by region, entitled to participate in the nomination process. (4) The date, time, and location of any next scheduled meeting of the Council, and national and State producer or importer associations, if known, and of the regional caucuses, if any. (d)(1) Except as provided in paragraph (e), nominations for each position shall be made by regional caucus in the region entitled to nominate for such position. Notice of such caucus shall be publicized to all producers or importers within the region, and to the Secretary, at least 30 days prior to the caucus. The notice shall have attached to it the call for nominations from the Co… | |||||
| 7:7:10.1.1.1.5.1.78.24 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.32 Acceptance. | AMS | Each individual nominated for membership on the Council shall qualify by filing a written acceptance with the Secretary at the time of nomination. | |||||
| 7:7:10.1.1.1.5.1.78.25 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.33 Appointment. | AMS | From the nominations made pursuant to § 1209.31, the Secretary shall appoint the members of the Council on the basis of representation provided for in § 1209.30, except that no more than one member may be appointed to the Council from nominations submitted by any one producer or importer. | |||||
| 7:7:10.1.1.1.5.1.78.26 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.34 Term of office. | AMS | (a) The members of the Council shall serve for terms of three years, except that the members appointed to the initial Council shall serve, proportionately, for terms of one, two, and three years. (b) Members of the initial Council shall be designated for, and shall serve, terms as follows: One producer member each from regions 1, 2 and 3 shall be appointed for an initial term of one year; one producer member each from regions 1, 2, and 3 shall be appointed for an initial term of two years; and one producer member each from regions 2, 3, and 4 shall be appointed for an initial term of three years. Because current imports of fresh mushrooms are less than 35,000,000 pounds, the minimum established for representation on the Council, importers will not initially have a member appointed to the Council. (c)(1) Except with respect to terms of office of the initial Council, the term of office for each member of the Council shall begin on January 1 or such other date that may be approved by the Secretary. (2) The term of office for the initial Council shall begin immediately following appointment by the Secretary, except that time in the interim period from appointment until the following January 1, or such other date that is the generally applicable beginning date for terms under paragraph (c)(1) approved by the Secretary, shall not count toward the initial term of office. (d) Council members shall serve during the term of office for which they are appointed and have qualified, and until their successors are appointed and have qualified. (e)(1) No member shall serve more than two successive three-year terms, except as provided in paragraph (e)(2)(ii). (2)(i) Those members serving initial terms of two or three years may serve one successive three-year term. (ii) Those members serving initial terms of one year may serve two successive three-year terms. | |||||
| 7:7:10.1.1.1.5.1.78.27 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.35 Vacancies. | AMS | (a) To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Council, the Secretary may appoint a successor from the most recent nominations submitted for open positions on the Council assigned to the region that the vacant position represents, or the Secretary may obtain nominees to fill such vacancy in such manner as the Secretary, by regulation, deems appropriate. Each such successor appointment shall be for the remainder of the term vacated. A vacancy will not be required to be filled if the unexpired term is less than six months. (b)(1) No successor appointed to a vacated term of office shall serve more than two successive three-year terms on the Council, except as provided in paragraph (b)(2)(ii). (2)(i) Any successor serving longer than one year may serve one successive three-year term. (ii) Any successor serving one year or less may serve two successive three-year terms. (c) If a member of the Council consistently refuses to perform the duties of a member of the Council, or if a member of the Council is known to be engaged in acts of dishonesty or willful misconduct, the Council may recommend to the Secretary that the member be removed from office. If the Secretary finds the recommendation of the Council shows adequate cause, the Secretary shall remove such member from office. Further, without recommendation of the Council, a member may be removed by the Secretary upon showing of adequate cause, including the failure by a member to submit reports or remit assessments required under this part, if the Secretary determines that such member's continued service would be detrimental to the achievement of the purposes of the Act. | |||||
| 7:7:10.1.1.1.5.1.78.28 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.36 Procedure. | AMS | (a) At a properly convened meeting of the Council, a majority of the members shall constitute a quorum. (b) Each member of the Council will be entitled to one vote on any matter put to the Council, and the motion will carry if supported by a simple majority of those voting. At assembled meetings of the Council, all votes will be cast in person. (c) In lieu of voting at a properly convened meeting and, when in the opinion of the chairperson of the Council such action is considered necessary, the Council may take action upon the concurring votes of a majority of its members by mail, telephone, telegraph, or any other means of communication, but any such action shall be confirmed promptly in writing. In that event, all members must be notified and provided the opportunity to vote. Any action so taken shall have the same force and effect as though such action had been taken at a properly convened meeting of the Council. All votes shall be recorded in Council minutes. (d) Meetings of the Council may be conducted by electronic communications, provided that each member is given prior notice of the meeting and has an opportunity to be present either physically or by electronic connection. (e) The organization of the Council and the procedures for conducting meetings of the Council shall be in accordance with its bylaws,which shall be established by the Council and approved by the Secretary. | |||||
| 7:7:10.1.1.1.5.1.78.29 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.37 Compensation and reimbursement. | AMS | The members of the Council shall serve without compensation but shall be reimbursed for necessary and reasonable expenses, including a reasonable per diem allowance, as approved by the Council and the Secretary, incurred by such members in the performance of their responsibilities under this subpart. | |||||
| 7:7:10.1.1.1.5.1.78.30 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.38 Powers. | AMS | [58 FR 3449, Jan. 8, 1993, as amended at 74 FR 50920, Oct. 2, 2009] | The Council shall have the following powers: (a) To receive and evaluate or, on its own initiative, develop and budget for proposed programs, plans, or projects to promote the use of mushrooms, as well as proposed programs, plans, or projects for research, consumer information, or industry information, and to make recommendations to the Secretary regarding such proposals; (b) To administer the provisions of this subpart in accordance with its terms and provisions; (c) To appoint or employ such individuals as it may deem necessary, define the duties, and determine the compensation of such individuals; (d) To make rules and regulations to effectuate the terms and provisions of this subpart; (e) To receive, investigate, and report to the Secretary for action complaints of violations of the provisions of this subpart; (f) To disseminate information to producers, importers, first handlers, or industry organizations through programs or by direct contact using the public postal system or other systems; (g) To select committees and subcommittees of Council members, including an executive committee whose powers and membership shall be determined by the Council, subject to the approval of the Secretary, and to adopt such bylaws and other rules for the conduct of its business as it may deem advisable; (h) To establish committees which may include individuals other than Council members, and pay the necessary and reasonable expenses and fees for the members of such committees; (i) To recommend to the Secretary amendments to this subpart; (j) With the approval of the Secretary, to enter into contracts or agreements with national, regional, or State mushroom producer organizations, or other organizations or entities, for the development and conduct of programs, plans, or projects authorized under § 1209.40 and with such producer organizations for other services necessary for the implementation of this subpart, and for the payment of the cost thereof with funds collected and received pursuant to this subpart. The Counc… | ||||
| 7:7:10.1.1.1.5.1.78.31 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.39 Duties. | AMS | The Council shall have the following duties: (a) To meet not less than annually, and to organize and select from among its members a chairperson and such other officers as may be necessary; (b) To evaluate or develop, and submit to the Secretary for approval, promotion, research, consumer information, and industry information programs, plans, or projects; (c) To prepare for each fiscal year, and submit to the Secretary for approval at least 60 days prior to the beginning of each fiscal year, a budget of its anticipated expenses and disbursements in the administration of this subpart, as provided in § 2109.50. (d) To maintain such books and records, which shall be available to the Secretary for inspection and audit, and to prepare and submit such reports from time to time to the Secretary, as the Secretary may prescribe, and to make appropriate accounting with respect to the receipt and disbursement of all funds entrusted to it; (e) To prepare and make public, at least annually, a report of its activities carried out, and an accounting for funds received and expended; (f) To cause its financial statements to be prepared in conformity with generally accepted accounting principles and to be audited by an independent certified public accountant in accordance with generally accepted auditing standards at least once each fiscal year and at such other times as the Secretary may request, and submit a copy of each such audit to the Secretary; (g) To give the Secretary the same notice of meetings of the Council as is given to members in order that the Secretary, or a representative of the Secretary, may attend such meetings; (h) To submit to the Secretary such information as may be requested pursuant to this subpart; (i) To keep minutes, books, and records that clearly reflect all the acts and transactions of the Council. Minutes of each Council meeting shall be promptly reported to the Secretary; (j) To act as intermediary between the Secretary and any producer or importer; (k) To follow the Department's equal … | |||||
| 7:7:10.1.1.1.5.1.79.32 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.40 Programs, plans, and projects. | AMS | (a) The Council 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, consumer information, and industry information with respect to mushrooms; and (2) The establishment and conduct of research with respect to the sale, distribution, marketing, and use of mushrooms and mushroom products, and the creation of new products thereof, to the end that marketing and use of mushrooms may be encouraged, expanded, improved or made more acceptable. However, as prescribed by the Act, nothing in this subpart may be construed to authorize mandatory requirements for quality control, grade standards, supply management programs, or other programs that would control production or otherwise limit the right of individual producers to produce mushrooms. (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 Council shall take appropriate steps to implement it. (c) Each programs, plan, or project implemented under this subpart shall be reviewed or evaluated periodically by the Council to ensure that it contributes to an effective program of promotion, research, consumer information, or industry information. If it is found by the Council that any such program, plan, or project does not contribute to an effective program of promotion, research, consumer information, or industry information, then the Council shall terminate such program, plan, or project. (d) In carrying out any program, plan, or project, no reference to a brand name, trade name, or State or regional identification of any mushrooms or mushroom product shall be made. In addition, no program, plan, or project shall make use of unfair or deceptive acts or practices with respect to the quality, value, or use… | |||||
| 7:7:10.1.1.1.5.1.80.33 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.50 Budget and expenses. | AMS | (a)(1) At least 60 days prior to the beginning of each fiscal year, and as may be necessary thereafter, the Council 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: (i) A statement of objectives and strategy for each program, plan, or project; (ii) A summary of anticipated revenue, with comparative data for at least one preceding year; (iii) A summary of proposed expenditures for each program, plan, or project; and (iv) Staff and administrative expense breakdowns, with comparative data for at least one preceding year. Each budget shall include a rate of assessment for such fiscal year calculated, subject to § 1209.51(b), to provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in paragraph (f). The Council may change such rate at any time, as provided in § 1209.51(b)(5). (2)(i) Subject to paragraph (a)(2)(ii), any amendment or addition to an approved budget must be approved by the Secretary, including shifting of funds from one program, plan, or project to another. (ii) Shifts of funds which do not cause an increase in the Council's approved budget and which are consistent with governing bylaws need not have prior approval by the Secretary. (b) The Council 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 Council 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 Council. (c) The Council shall not use funds collected or received under this subpart to reimburse, defray, or make payment of expenditures incurred in developing, drafting, studying, lobbying on or promoting the legislation authorizing this subpart. Such prohibition includes reimbursement, defrayment, or paym… | |||||
| 7:7:10.1.1.1.5.1.80.34 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.51 Assessments. | AMS | [58 FR 3449, Jan. 8, 1993, as amended at 72 FR 41427, July 30, 2007] | (a) Any first handler initially purchasing, or otherwise placing into the current of commerce, mushrooms produced in the United States shall, in the manner as prescribed by the Council and approved by the Secretary, collect an assessment based upon the number of pounds of mushrooms marketed in the United States for the account of the producer, and remit the assessment to the Council. (b) The rate of assessment effective during any fiscal year shall be the rate specified in the budget for such fiscal year approved by the Secretary, except that: (1) The rate of assessment during the first year this subpart is in effect shall be one-quarter of one cent per pound of mushrooms marketed, or the equivalent thereof. (2) The rate of assessment during the second year this subpart is in effect shall not exceed one-third of one cent per pound of mushrooms marketed, or the equivalent thereof. (3) The rate of assessment during the third year this subpart is in effect shall not exceed one-half of one cent per pound of mushrooms marketed, or the equivalent thereof. (4) The rate of assessment during each of the fourth and following years this subpart is in effect shall not exceed one cent per pound of mushrooms marketed, or the equivalent thereof. (5) The Council may change the rate of assessment for a fiscal year at any time with the approval of the Secretary as necessary to reflect changed circumstances, except that any such changed rate may not exceed the level of assessment specified in paragraphs (b)(1), (2), (3), or (4), whichever is applicable. (c) Any person marketing mushrooms of that person's own production to consumers in the United States, either directly or through retail or wholesale outlets, shall be considered a first handler and shall remit to the Council an assessment on such mushrooms at the rate per-pound then in effect, and in such form and manner prescribed by the Council. (d) Only one assessment shall be paid on each unit of mushrooms marketed. (e)(1) Each importer of mushrooms shall pay an assessm… | ||||
| 7:7:10.1.1.1.5.1.80.35 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.52 Exemption from assessment. | AMS | [58 FR 3449, Jan. 8, 1993, as amended at 70 FR 2756, Jan. 14, 2005; 80 FR 82025, Dec. 31, 2015] | (a) The following persons shall be exempt from assessments under this part: (1) A person who produces or imports, on average, 500,000 pounds or less of mushrooms annually shall be exempt from assessments under this part. (2) [Reserved] (b) To claim such exemption, such persons shall apply to the Council, in the form and manner prescribed in the rules and regulations. (c) Mushrooms produced in the United States that are exported are exempt from assessment and are subject to such safeguards as prescribed in rules and regulations to prevent improper use of this exemption. (d) Domestic and imported mushrooms used for processing are exempt from assessment and are subject to such safeguards as prescribed in rules and regulations to prevent improper use of this exemption. | ||||
| 7:7:10.1.1.1.5.1.80.36 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.53 Influencing governmental action. | AMS | No funds received by the Council under this subpart shall in any manner be used for the purpose of influencing legislation or governmental policy or action, except to develop and recommend to the Secretary amendments to this subpart, and to submit to the Secretary proposed voluntary grade and quality standards for mushrooms. | |||||
| 7:7:10.1.1.1.5.1.81.37 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.60 Reports. | AMS | (a) Each producer marketing mushrooms of that person's own production directly to consumers, and each first handler responsible for the collection of assessments under § 1209.51(a) shall be required to report monthly to the Council, on a form provided by the Council, such information as may be required under this subpart or any rules and regulations issued thereunder. Such information shall include, but not be limited to, the following: (1) The first handler's name, address, and telephone number; (2) Date of report, which is also the date of payment to the Council; (3) Period covered by the report; (4) The number of pounds of mushrooms purchased, initially transferred, or that in any other manner are subject to the collection of assessments, and a copy of a certificate of exemption, claiming exemption under § 1209.52 from those who claim such exemptions; (5) The amount of assessments remitted; and (6) The basis, if necessary, to show why the remittance is less than the number of pounds of mushrooms determined under paragraph (a)(4) multiplied by the applicable assessment rate. (b) If determined necessary by the Council and approved by the Secretary, each importer shall file with the Council periodic reports, on a form provided by the Council, containing at least the following information: (1) The importer's name, address, and telephone number; (2) The quantity of mushrooms entered or withdrawn for consumption in the United States during the period covered by the report; and (3) The amount of assessments paid to the U.S. Customs Service at the time of such entry or withdrawal. (c) The words final report shall be shown on the last report at the end of each fiscal year. | |||||
| 7:7:10.1.1.1.5.1.81.38 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.61 Books and records. | AMS | Each persons who is subject to this subpart shall maintain and make available for inspection by the Council or the Secretary such books and records as are deemed necessary by the Council, with the approval of the Secretary, to carry out the provisions of this subpart and any rules and regulations issued hereunder, including such books and records as are necessary to verify any reports required. Such books and records shall be retained for at least two years beyond the fiscal year of their applicability. | |||||
| 7:7:10.1.1.1.5.1.81.39 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.62 Confidential treatment. | AMS | All information obtained from books, records, or reports under the Act, this subpart, and the rules and regulations issued thereunder shall be kept confidential by all persons, including all employees and former employees of the Council, all officers and employees and former officers and employees of the Department, and 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 Council members, producers, importers, or first 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 suit 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. | |||||
| 7:7:10.1.1.1.5.1.82.40 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.70 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 Council shall be submitted to the Secretary for approval. | |||||
| 7:7:10.1.1.1.5.1.82.41 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.71 Suspension or termination. | AMS | (a) Whenever the Secretary finds that this subpart or any provision thereof obstructs or does not tend to effectuate the declared policy of the Act, the Secretary shall terminate or suspend the operation of this subpart or such provision thereof. (b)(1) Five years after the date on which this subpart becomes effective, the Secretary shall conduct a referendum among producers and importers to determine whether they favor continuation, termination, or suspension of this subpart. (2) Effective beginning three years after the date on which this subpart becomes effective, the Secretary, on request of a representative group comprising 30 percent or more of the number of mushroom producers and importers, may conduct a referendum to determine whether producers and importers favor termination or suspension of this subpart. (3) Whenever the Secretary determines that suspension or termination of this subpart is favored by a majority of the mushroom producers and importers voting in a referendum under paragraphs (b) (1) or (2) who, during a representative period determined by the Secretary, have been engaged in producing and importing mushrooms and who, on average, annually produced and imported more than 50 percent of the volume of mushrooms produced and imported by all those producers and importers voting in the referendum, the Secretary shall: (i) Suspend or terminate, as appropriate, collection of assessments within six months after making such determination; and (ii) Suspend or terminate, as appropriate, all activities under this subpart in an orderly manner as soon as practicable. (4) Referenda conducted under this subsection shall be conducted in such manner as the Secretary may prescribe. | |||||
| 7:7:10.1.1.1.5.1.82.42 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.72 Proceedings after termination. | AMS | (a) Upon the termination of this subpart, the Council 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 Council. Such persons, upon designation by the Secretary, shall become trustees of all the funds and property owned, in the possession of, or under the control of the Council, including any claims unpaid or property not delivered, or any other claim existing at the time of such termination. (b) The trustees shall: (1) Continue in such capacity until discharged by the Secretary; (2) Carry out the obligations of the Council under any contract or agreement entered into by it under this subpart; (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 Council and of the trustees, to such 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 persons full title and right to all of the funds, property, and claims vested in the Council or the trustees under this subpart. (c) Any person to whom funds, property, or claims have been transferred or delivered under this subpart shall be subject to the same obligations imposed upon the Council 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 used, to the extent practicable, in the interest of continuing one or more of the promotion, research, consumer information, or industry information programs, plans, or projects authorized under this subpart. | |||||
| 7:7:10.1.1.1.5.1.82.43 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.73 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any rule and regulation issued under this subpart, or the issuance of any amendment to such provisions, shall not: (a) Affect or waive any right, duty, obligation, or liability that shall have arisen or may hereafter arise in connection with any provision of this subpart or any such rules or regulations; (b) Release or extinguish any violation of this subpart or any such rules or regulations; or (c) Affect or impair any rights or remedies of the United States, the Secretary, or any person with respect to any such violation. | |||||
| 7:7:10.1.1.1.5.1.82.44 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.74 Personal liability. | AMS | No member or employee of the Council shall be held personally responsible, either individually or jointly, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts of either commission or omission of such member or employee under this subpart, except for acts of dishonesty or willful misconduct. | |||||
| 7:7:10.1.1.1.5.1.82.45 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.75 Patents, copyrights, inventions, publications, and product formulations. | AMS | Any patents, copyrights, inventions, publications, or product formulations developed through the use of funds received by the Council under this subpart shall be the property of the United States Government as represented by the Council and shall, along with any rents, royalties, residual payments, or other income from the rental, sale, leasing, franchising, or other uses of such patents, copyrights, inventions, publications, or product formulations inure to the benefit of the Council and be considered income subject to the same fiscal, budget, and audit controls as other funds of the Council. Upon termination of this subpart, § 1209.72 shall apply to determine disposition of all such property. | |||||
| 7:7:10.1.1.1.5.1.82.46 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.76 Amendments. | AMS | Amendments to this subpart may be proposed, from time to time, by the Council or by any interested person affected by the provisions of the Act, including the Secretary. | |||||
| 7:7:10.1.1.1.5.1.82.47 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | A | Subpart A—Mushroom Promotion, Research, and Consumer Information Order | § 1209.77 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. | |||||
| 7:7:10.1.1.1.5.2.83.1 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.200 Terms defined. | AMS | Unless otherwise defined in this subpart, the definitions of terms used in this subpart shall have the same meaning as the definitions in Subpart A—Mushroom Promotion, Research, and Consumer Information Order of this part. | |||||
| 7:7:10.1.1.1.5.2.84.2 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.230 Reallocation of Council members. | AMS | [84 FR 17062, Apr. 24, 2019] | Pursuant to § 1209.30, the number of members on the Council shall be as follows: (a) Region 1: All other States including the District of Columbia and the Commonwealth of Puerto Rico except for Pennsylvania and California—3 Members. (b) Region 2: The State of Pennsylvania—4 Members. (c) Region 3: The State of California—1 Member. (d) Region 4: Importers—1 Member. | ||||
| 7:7:10.1.1.1.5.2.84.3 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.231 Nominations. | AMS | Nominations shall be made at regional caucuses of producers or importers, or by mail ballot in accordance with the procedures prescribed in § 1209.31 of this part. Proxy voting by producers and importers shall not be permitted at a regional caucus or in a mail ballot. Each regional caucus and mail ballot shall be scheduled so as to ensure that the nominations for each position that will be open at the beginning of the following year are received by the Secretary by August 1, or such other date approved by the Secretary. | |||||
| 7:7:10.1.1.1.5.2.84.4 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.233 Regional caucus chairpersons. | AMS | (a) Regional caucus chairpersons shall be elected by a simple majority vote of eligible voters in attendance. Such elections shall be coordinated by the Council, except for the initial elections, which shall be coordinated by a representative of the Secretary. (b) Regional caucus chairpersons will coordinate the entire nomination process. In conducting the nominations process, each regional caucus chairperson shall ensure that: (1) Voting for producer nominees is limited to producers, and voting for importer nominees is limited to importers; and (2) Producer candidates for nomination are producers, and importer candidates for nomination are importers. (c) Within 14 days after completion of each regional caucus, each chairperson shall provide the Secretary with the following information: (1) The identification of that region's two nominees for each open position on the Council; and (2) A typed copy of the regional caucus's minutes. (d) The chairperson of each regional caucus shall provide nominees with qualification statements and other specified information. Each nominee will be contacted by the chairperson and asked to forward such completed documentation to the Council within 14 days after completion of the regional caucus, except for the initial nominees, which shall be asked to forward such completed documentation to the Secretary. (e) The tenure of the chairperson shall only be for the duration of the regional caucus and the preparation of required documentation. | |||||
| 7:7:10.1.1.1.5.2.84.5 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.235 Mail balloting. | AMS | (a) After the initial regional caucuses, the Council may conduct nominations of individuals as candidates for appointment to the Council by mail ballot in lieu of a regional caucus. (b)(1) In the event of a mail ballot, all qualified individuals in a region interested in serving as a member on the Council or persons who are interested in nominating an individual to serve on the Council shall submit to the Council in writing such information as name, mailing address, number of pounds of mushrooms produced or imported, or such other information as may be required, in order to place such individual on the ballot. (2) Notice of mail balloting to nominate candidates for a position on the Council shall be publicized by the Council to producers or importers in the region involved, and to the Secretary, at least 120 days before the region's nominee ballot is issued. (3) In proposing nominees for inclusion on a mail ballot, proposed nominations must be received by the Council at least 30 days before the region's nominee ballot is issued. (c) Once proposed nominations have been submitted from the applicable region, the Council shall cause each proposed nomination, if the individual qualifies, to be placed on the region's nominee ballot. The Council then shall mail a ballot to each known producer or importer within the region. (d) Distribution of ballots shall be announced by press releases, furnishing pertinent information on balloting, issued by the Council through newspapers and other publications having general circulation among producers in the mushroom producing areas involved or among mushroom importers. (e) Each producer or importer shall cast a ballot for each open position on the Council assigned to the region in accordance with the procedures prescribed in § 1209.31 of this part. The completed ballot must be returned to the Council or its designee within 30 days after the ballot is issued. (f) Within 45 days after a mail ballot is issued, the Council shall validate the ballots cast, tabulate the votes, and… | |||||
| 7:7:10.1.1.1.5.2.84.6 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.237 Appointment. | AMS | If an employee, partner, officer, or shareholder of a producer or importer is a current member of the Council, no nominee who is also an employee, partner, officer, or shareholder of such producer or importer shall be appointed to the Council. A Council member shall be disqualified from serving on the Council if such individual ceases to be affiliated with a producer or importer within the region the Council member represents. | |||||
| 7:7:10.1.1.1.5.2.85.7 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.239 Financial statements. | AMS | (a) As requested by the Secretary, the Council shall prepare and submit financial statements to the Secretary on a periodic basis. Each such financial statement shall include, but not be limited to, a balance sheet, income statement, and expense budget. The expense budget shall show expenditures during the time period covered by the report, year-to-date expenditures, and the unexpended budget. (b) Each financial statement shall be submitted to the Secretary within 30 days after the end of the time period to which it applies. (c) The Council shall submit annually to the Secretary an annual financial statement within 90 days after the end of the fiscal year to which it applies. | |||||
| 7:7:10.1.1.1.5.2.86.8 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.251 Payment of assessments. | AMS | (a) Each first handler responsible for collecting assessments on domestic mushrooms shall collect the amounts assessed and remit such amounts to the Council on a monthly basis not later than the fifteenth day of the month following the month in which the mushrooms were marketed to or through the first handler. (b) Each producer responsible for paying any assessment amount on the producer's own mushrooms shall remit such amount to the Council on a monthly basis not later than the fifteenth day of the month following the month in which the mushrooms were marketed by the producer. (c) Each importer shall be responsible for remittance to the Council of any assessment amount not collected by the U.S. Customs Service at the time of entry or withdrawal for consumption into the United States. Any such assessment amount shall be remitted to the Council on a monthly basis not later than the fifteenth day of the month following the month of entry or withdrawal for consumption into the United States. Any person who imports mushrooms, as principal or as an agent, broker, or consignee for any person who produces mushrooms outside the United States for marketing in the United States shall be considered an importer. (d) Remittance shall be by check, draft, or money order payable to the Mushroom Council, and shall be accompanied by a report, on a form provided by the Council. (e) A late payment charge shall be imposed on any first handler or importer who fails to make timely remittance to the Council of the total assessment amount for which the person is liable. Such late payment charge shall be imposed on any assessments not received by the last day of the month following the month in which the mushrooms involved were marketed or, in the case of imports, not collected by the U.S. Customs Service at the time of entry or withdrawal for consumption into the United States. This one-time late payment charge shall be 10 percent of the assessments due before interest charges have accrued. The late payment charge will not be applied… | |||||
| 7:7:10.1.1.1.5.2.86.9 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.252 Exemptions and exemption procedures. | AMS | [58 FR 3449, Jan. 8, 1993, as amended at 70 FR 2756, Jan. 14, 2005; 80 FR 82026, Dec. 31, 2015] | (a) Types of exemptions and requirements. (1) Any person who produces or imports, on average, 500,000 pounds or less of mushrooms annually and who desires to claim an exemption from assessments during a fiscal year shall apply to the Council, on a form provided by the Council, for a Certificate of Exemption. The producer or importer shall certify that the person's production or importation of mushrooms shall not exceed 500,000 pounds, on average, for the fiscal year for which the exemption is claimed. An average shall be calculated by averaging a person's estimated production or importation for the fiscal year for which an exemption is claimed with the person's production or importation in the preceding fiscal year. (2) In addition to the exemption provided for in § 1209.52, a producer or importer who operates under an approved National Organic Program (7 CFR part 205) (NOP) organic production or handling system plan may be exempt from the payment of assessments under this part, provided that: (i) Only agricultural products certified as “organic” or “100 percent organic” (as defined in the NOP) are eligible for exemption; (ii) The exemption shall apply to all certified “organic” or “100 percent organic” (as defined in the NOP) products of a producer or importer regardless of whether the agricultural commodity subject to the exemption is produced or imported by a person that also produces or imports conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed; (iii) The producer or importer 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 (iv) Any producer or importer 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. (3) To apply for an exemption for organic mu… | ||||
| 7:7:10.1.1.1.5.2.87.10 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.260 Reports. | AMS | [58 FR 8197, Feb. 11, 1993, as amended at 60 FR 13614, Mar. 14, 1995] | Each first handler shall be required to report monthly to the Council such information as may be required under § 1209.60(a) of this part. In addition, each first handler shall be required to provide the tax identification number or social security number of each producer the first handler has dealt with during the time period covered by the report. | ||||
| 7:7:10.1.1.1.5.2.88.11 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | B | Subpart B—Administrative Requirements | § 1209.280 OMB control numbers. | AMS | The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. is OMB control number 0581-0093, except for the Council nominee background statement form which is assigned OMB control number 0505-0001. | |||||
| 7:7:10.1.1.1.5.3.89.1 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.300 General. | AMS | [74 FR 18464, Apr. 23, 2009] | A referendum to determine whether eligible producers and importers favor the amendment, continuation, suspension, or termination of the Mushroom Promotion, Research, and Consumer Information Order shall be conducted in accordance with these procedures. | ||||
| 7:7:10.1.1.1.5.3.89.2 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.301 Definitions. | AMS | Unless otherwise defined below, the definition of terms used in these procedures shall have the same meaning as the definitions in the Order. (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 Mushroom Promotion, Research, and Consumer Information Order, including an amendment to the 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 wife who have title to, or leasehold interest in, mushroom production facilities and equipment 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 the agreement, informal or otherwise, contributed capital and others contributed labor, management, equipment, or other services, or any variation of such contributions by two or more parties so that it results in the production or importation of fresh mushrooms and the authority to transfer title to the mushrooms so produced or imported. (f) Eligible producer means any person or entity defined as a producer who produces, on average, over 500,000 pounds annually of fresh mushrooms during the representative period and who: (1) Owns or shares in the ownership of mushroom production facilities and equipment resulting in the ownership of the mushrooms produced; (2) Rents mushroom production facilities and equipment resulting in the ownership of all or a portion of the mushrooms produ… | |||||
| 7:7:10.1.1.1.5.3.89.3 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.302 Voting. | AMS | (a) Each person who is an eligible producer or importer, 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 mushrooms, 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 importer, or an administrator, executor, or trustee of an eligible producing or importing entity may cast a ballot on behalf of such producer or importer entity. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible producer or importer, or an administrator, executor, or trustee of an eligible producing or importing 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) Ballots are to be cast by mail or fax. | |||||
| 7:7:10.1.1.1.5.3.89.4 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.303 Instructions. | AMS | The referendum agent shall conduct the referendum, in the manner herein provided, 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 time of commencement and termination of the period during which ballots may be cast. (b) Provide ballots and related material to be used in the referendum. Ballot material shall provide for recording essential information including that needed for ascertaining: (1) Whether the person voting, or on whose behalf the vote is cast, is an eligible voter; (2) The total volume of mushrooms produced by the voting producer during the representative period; and (3) The total volume of mushrooms imported by the voting importer during the representative period. (c) Give reasonable advance 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 and importers, 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 Order. No person who claims to be eligible to vote shall be refused a ballot. (e) Collect and safeguard ballots received by fax. (f) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results. (g) Prepare a report on the referendum. (h) Prepare an announcement of the results for the public. | |||||
| 7:7:10.1.1.1.5.3.89.5 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.304 Subagents. | AMS | The referendum agent may appoint any individual or individuals deemed necessary or desirable to assist the agent in performing such agent's functions hereunder. 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. | |||||
| 7:7:10.1.1.1.5.3.89.6 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.305 Ballots. | AMS | The referendum agent and subagents shall accept all ballots cast; but, should they, or any of them, deem 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 therefore, the results of any investigations made with respect thereto, and the disposition thereof. Ballots invalid under this subpart shall not be counted. | |||||
| 7:7:10.1.1.1.5.3.89.7 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.306 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. | |||||
| 7:7:10.1.1.1.5.3.89.8 | 7 | Agriculture | XI | 1209 | PART 1209—MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION ORDER | C | Subpart C—Procedure for the Conduct of Referenda in Connection With the Mushroom Promotion, Research, and Consumer Information Order | § 1209.307 Confidential information. | AMS | The ballots and other information or reports that reveal, or tend to reveal, the identity or vote of any person covered under the Act shall be held confidential and shall not be disclosed. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);