cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
105 rows where part_number = 1212 sorted by section_id
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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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| 14:14:5.0.1.1.13.1.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.1 | Subpart 1212.1—Basic Policy | § 1212.100 Scope and purpose. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012] | This part 1212 implements the Privacy Act of 1974, as amended (5 U.S.C. 552a). It establishes procedures for individuals to access their Privacy Act records and to request amendment of information in records concerning them. It also provides procedures for administrative appeals and other remedies. This part applies to systems of records located at or under the cognizance of NASA Headquarters, NASA Field Centers, and NASA Component Installations, as defined in part 1201 of this chapter. | ||||
| 14:14:5.0.1.1.13.1.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.1 | Subpart 1212.1—Basic Policy | § 1212.101 Definitions. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012] | For the purposes of this part, the following definitions shall apply in addition to definitions contained in the Privacy Act of 1974, as amended (5 U.S.C. 552a): (a) The term individual means a living person who is either a citizen of the United States or an alien lawfully admitted for permanent residence. (b) The term maintain includes maintain, collect, use or disseminate. (c) The term record means any item, collection, or grouping of information about an individual including, but not limited to, education, financial transactions, medical history, and criminal or employment history, and that contains a name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. (d) The term system of records means a group of any records from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual. (e) The term system manager means the NASA official who is responsible for a system of records as designated in the system notice of that system of records published in the Federal Register. When a system of records includes portions located at more than one NASA Center, the term system manager includes any subsystem manager designated in the system notice as being responsible for that portion of the system of records located at the respective Center. (f) The term systems notice means, with respect to a system of records the publication of information in the Federal Register upon establishment or revision of the existence and character of the system of records. The notice shall include that information as required by 5 U.S.C. 552a(e)(4). (g) The term routine use means, with respect to the disclosure of a record, the use of the record for a purpose which is compatible with the purpose for which it was collected. (h) The term NASA employee or NASA official, particularly for the purpose of § 1212.203(g) relates to the… | ||||
| 14:14:5.0.1.1.13.2.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.2 | Subpart 1212.2—Requests for Access to Records | § 1212.200 Procedures for requesting records subject to the Privacy Act. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012] | The procedures outlined in this subpart 1212.2 apply to the following types of requests made by individuals under the Privacy Act concerning records about themselves: (a) To determine if information on the requester is included in a system of records; (b) For access to a record under 5 U.S.C. 552a(d)(1); and (c) For an accounting of disclosures of the individual's Privacy Act records under 5 U.S.C. 552a(c)(3). | ||||
| 14:14:5.0.1.1.13.2.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.2 | Subpart 1212.2—Requests for Access to Records | § 1212.201 Requesting a record. | NASA | [NASA-21-091, 57 FR 4928, Feb. 11, 1992, as amended by NASA-2021-0007, 88 FR 12148, Feb. 27, 2023] | (a) Individuals may request access to their Privacy Act records, either in person, in writing, or electronically. (b) Individuals may also authorize a third party to have access to their Privacy Act records. This authorization shall be in writing, signed by the individual, or submitted electronically. Requests must contain the individual's address or email address, as well as the name, address or email address of the representative being authorized access. The identities of both the subject individual and the representative must be verified in accordance with the procedures set forth in § 1212.202. (c)(1) In-person or written requests must be directed to the appropriate system manager, or, if unknown, to the Center Privacy Manager or Freedom of Information Act (FOIA) Office at NASA Headquarters or Field Center. The request should be identified clearly on the envelope and on the letter as a “Request Under the Privacy Act.” (2) Electronic requests may be initiated online at https://www.nasa.gov/about/highlights/HP_Privacy.html. (3) Where possible, requests should contain the following information to ensure timely processing: (i) Name and address of subject. (ii) Email address of subject, for electronic requests only. (iii) Identity of the system of records. (iv) Nature of the request. (v) Identifying information specified in the applicable system notice to assist in identifying the request, such as location of the record, if known, full name, birth date, time periods in which the records are believed to have been compiled, etc. (d) NASA has no obligation to comply with a nonspecific request for access to information concerning an individual, e.g., a request to provide copies of “all information contained in your files concerning me,” although a good faith effort will be made to locate records if there is reason to believe NASA has records on the individual. If the request is so incomplete or incomprehensible that the requested record cannot be identified, additional information or clarification will be… | ||||
| 14:14:5.0.1.1.13.2.1.3 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.2 | Subpart 1212.2—Requests for Access to Records | § 1212.202 Identification procedures. | NASA | [NASA-21-091; NASA-2021-0007,88 FR 12148, Feb. 27, 2023] | (a) The system manager will release records to the requester or representative in person only upon production of satisfactory identification which includes the individual's name, signature, and photograph or physical description. (b) The system manager will release records to the requester or representative electronically via a NASA provided temporary secure storage space, after the identities of both are validated by the Agency's identity authorization process. (c) The system manager will release copies of records by mail only when the circumstances indicate that the requester and the subject of the record are the same. The system manager may require that the requester's signature be notarized or witnessed by two individuals unrelated to the requester. (d) Identity procedures more stringent than those required in this section may be prescribed in the system notice when the records are medical or otherwise sensitive. | ||||
| 14:14:5.0.1.1.13.2.1.4 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.2 | Subpart 1212.2—Requests for Access to Records | § 1212.203 Disclosures. | NASA | [NASA-21-091, 57 FR 4928, Feb. 11, 1992, as amended by 77 FR 60621, Oct. 4, 2012] | (a) The system manager shall keep a disclosure accounting for each disclosure to a third party of a record from a system of records. This includes records disclosed pursuant to computer matching programs. (b) Disclosure accountings are not required but are recommended for disclosures made: (1) With the subject individual's consent; or (2) In accordance with § 1212.203(f) (1) and (2), below. (c) The disclosure accounting required by paragraph (a) of this section shall include: (1) The date, nature, and purpose of the disclosure; and (2) The name and address of the recipient person or Agency. (d) The disclosure accounting shall be retained for at least 5 years after the disclosure or for the life of the record, whichever is longer. (e) The disclosure accounting maintained under the requirements of this section is not itself a system of records. (f) Records in a NASA system of records may not be disclosed to third parties without the consent of the subject individual. However, in consonance with 5 U.S.C. 552a(b), disclosure may be authorized without consent, if disclosure would be: (1) To an officer or employee of NASA who has a need for the record in the performance of official duties; (2) Required under the Freedom of Information Act (5 U.S.C. 552) and part 1206 of this chapter; (3) For a routine use described in the system notice for the system of records; (4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13, U.S. Code; (5) To a recipient who has provided NASA with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) To the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government or for evaluation by the Archivist of the United States o… | ||||
| 14:14:5.0.1.1.13.2.1.5 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.2 | Subpart 1212.2—Requests for Access to Records | § 1212.204 Fees. | NASA | [NASA-21-091, 57 FR 4928, Feb. 11, 1992, as amended by NASA-2021-0007, 88 FR 12149, Feb. 27, 2023] | (a) Fees will not be charged for: (1) Search for a retrieval of the requesting individual's records; (2) Review of the records; (3) Making a copy of a record when it is a necessary part of the process of making the record available for review; (4) Transportation of the record(s); (5) Making a copy of an amended record to provide evidence of the amendment; or (6) Copies of records if this is determined to be in the best interest of the Government. (b) Fees for the hard-copy duplication of records will be assessed in accordance with § 1206.700(a) of this chapter. (c) Where it appears that duplication fees chargeable under this section will exceed $25, the requester shall be provided an estimate of the fees before copies are made. Where possible, the requester will be afforded the opportunity to confer with Agency personnel in a manner which will reduce the fees, yet still meet the needs of the requester. (d) Where the anticipated fee chargeable under this section exceeds $25, an advance deposit of part or all of the anticipated fee may be required. | ||||
| 14:14:5.0.1.1.13.2.1.6 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.2 | Subpart 1212.2—Requests for Access to Records | § 1212.205 Exceptions to individual's rights of access. | NASA | [57 FR 4928, Feb. 11, 1992, as amended by NASA-21-091; NASA-2021-0007, 88 FR 12149, Feb. 27, 2023] | (a) The NASA Administrator has determined that the systems of records set forth in § 1212.501 are exempt from disclosure to the extent provided therein. (b) Medical records. Normally, an individual's medical record shall be disclosed to the individual, unless the system manager, in consultation with a medical doctor, determines that access to the record could have an adverse effect upon the individual. In this case, NASA shall allow access to the record by a medical doctor designated in writing by the requesting individual. (c) Test and qualification materials. Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process and copies of certificates of eligibles and other lists of eligibles, the disclosure of which is proscribed by 5 CFR 300.201, shall be removed from an individual's record containing such information before granting access. (d) Information compiled for civil actions or proceedings. Nothing in this part shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. | ||||
| 14:14:5.0.1.1.13.3.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.3 | Subpart 1212.3—Amendments to Privacy Act Records | § 1212.300 Requesting amendment. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012] | Individuals may request that NASA amend their records maintained in a NASA system of records under the provisions of 5 U.S.C. 552a(d)(2). This request shall be in writing, addressed to the appropriate system manager, and shall contain the following: (a) A notation on the envelope and on the letter that it is a “Request for Amendment of Individual Record under the Privacy Act;” (b) The name of the system of records; (c) Any information necessary to retrieve the record, as specified in the system notice for the system of records (See § 1212.201(c)(2)); (d) A description of that information in the record which is alleged to be inaccurate, irrelevant, untimely, or incomplete; and, (e) Any documentary evidence or material available to support the request. | ||||
| 14:14:5.0.1.1.13.3.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.3 | Subpart 1212.3—Amendments to Privacy Act Records | § 1212.301 Processing the request to amend. | NASA | (a) Within 10 work days of receipt by NASA of a request to amend a record, the system manager shall provide the requester with a written determination or acknowledgement advising when action may be taken. (b) When necessary, NASA may utilize up to 30 work days after receipt to provide the determination on a request to amend a record. (c) If the request for amendment is denied, the determination shall explain the reasons for the denial and inform the requester of the procedures to follow for appeal (See § 1212.4)). | |||||
| 14:14:5.0.1.1.13.3.1.3 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.3 | Subpart 1212.3—Amendments to Privacy Act Records | § 1212.302 Granting the request to amend. | NASA | NASA shall make the requested amendment clearly on the record itself and all information deemed to be inaccurate, irrelevant, or untimely shall be deleted and destroyed. Incomplete information shall either be amended or deleted and destroyed. The individual shall then be informed in writing that the amendment has been made. If the inaccurate, irrelevant, untimely, or incomplete portion of the record has previously been disclosed, then the system manager shall notify those persons or agencies of the amended information, referencing the prior disclosures (See § 1212.402). | |||||
| 14:14:5.0.1.1.13.4.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.4 | Subpart 1212.4—Appeals and Related Matters | § 1212.400 Appeals. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012; NASA-21-091; NASA-2021-0007, 88 FR 12149, Feb. 27, 2023] | (a) Individuals may appeal when they: (1) Have requested amendment of a record and have received an adverse initial determination; (2) Have been denied access to a record; or, (3) Have not been granted access within 30 work days of their request. (b) The Associate Administrator or designee is responsible for making final determinations of appeals as specified in paragraphs (a)(1) through (3) of this section for all Agency records, with the exception of those records originating in the Office of the Inspector General for which the Inspector General is responsible for making final determinations of appeals. (c) An appeal shall: (1) Be in writing and addressed to the Associate Administrator, NASA, Washington, DC 20546 or to the Inspector General, NASA Headquarters, Washington, DC 20546, for records as specified in paragraph (b) of this section; (2) Be identified clearly on the envelope and in the letter as an “Appeal under the Privacy Act;” (3) Include a copy of any pertinent documents; and (4) State the reasons for the appeal. (d) Appeals from adverse initial determinations or denials of access must be submitted within 30 work days of the date of the requester's receipt of the initial determination. Appeals involving failure to grant access may be submitted any time after the 30 work day period has expired (See § 1212.201(f)). (e) A final determination on an appeal shall be made within 30 work days after its receipt by the Associate Administrator or Inspector General for appeals concerning records originating in the Office of the Inspector General, unless, for good cause shown, the Associate Deputy Administrator or Inspector General extends such 30 work day period. Prior to the expiration of the 30 work day period, the requester shall be notified of any such extension. (f) If a denial of a request to amend a record is upheld, the final determination shall: (1) Explain the basis for the detail; (2) Include information as to how the requester goes about filing a statement of dispute under the procedures… | ||||
| 14:14:5.0.1.1.13.4.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.4 | Subpart 1212.4—Appeals and Related Matters | § 1212.401 Filing statements of dispute. | NASA | (a) A statement of dispute shall: (1) Be in writing; (2) Set forth reasons for the individual's disagreement with NASA's refusal to amend the record; (3) Be concise; (4) Be addressed to the system manager; and, (5) Be identified on the envelope and in the letter as a “Statement of Dispute under the Privacy Act.” (b) The system manager shall prepare an addendum to the statement explaining the basis for NASA's refusal to amend the disputed record. A copy of the addendum shall be provided to the individual. (c) The system manager shall ensure that the statement of dispute and addendum are either filed with the disputed record or that a notation appears in the record clearly referencing the statement of dispute and addendum so that they may be readily retrieved. | |||||
| 14:14:5.0.1.1.13.4.1.3 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.4 | Subpart 1212.4—Appeals and Related Matters | § 1212.402 Disclosure to third parties of disputed records. | NASA | (a) The system manager shall promptly provide persons or agencies to whom the disputed portion of a record was previously disclosed and for which an accounting of the disclosure exists under the requirements of § 1212.203 of this part, with a copy of the statement of dispute and addendum, along with a statement referencing the prior disclosure. The subject individual shall be notified as to those individuals or agencies which are provided with the statement of dispute and addendum. (b) Any subsequent disclosure of a disputed record shall clearly note the portion of the record which is disputed and shall be accompanied by a copy of the statement of dispute and addendum. | |||||
| 14:14:5.0.1.1.13.5.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.5 | Subpart 1212.5—Exemptions to Individuals' Rights of Access | § 1212.500 Exemptions under 5 U.S.C. 552a (j) and (k). | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012; NASA-21-091; NASA-2021-0007, 88 FR 12149, Feb. 27, 2023] | (a) These provisions authorize the Administrator of NASA to exempt certain NASA Privacy Act systems of records from portions of the requirements of this regulation. (b) The Administrator has delegated this authority to the Associate Administrator (See § 1212.701). (c) For those NASA systems of records that are determined to be exempt, the system notice shall describe the exemption and the reasons. | ||||
| 14:14:5.0.1.1.13.5.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.5 | Subpart 1212.5—Exemptions to Individuals' Rights of Access | § 1212.501 Record systems determined to be exempt. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012; NASA-21-091; NASA-2021-0007, 88 FR 12149, Feb. 27, 2023] | The Administrator has determined that the following systems of records are exempt to the extent provided hereinafter. (a) Inspector General Investigations Case Files —(1) Sections of the Act from which exempted. (i) The Inspector General Investigations Case Files system of records is exempt from all sections of the Privacy Act (5 U.S.C. 552a) except the following sections: (b) relating to conditions of disclosure; (c) (1) and (2) relating to keeping and maintaining a disclosure accounting; (e)(4) (A) through (F) relating to publishing a system notice setting forth name, location, categories of individuals and records, routine uses, and policies regarding storage, retrievability, access controls, retention and disposal of the records; (e) (6), (7), (9), (10), and (11) relating to dissemination and maintenance of records, and (i) relating to criminal penalties. This exemption applies to those records and information contained in the system of records pertaining to the enforcement of criminal laws. (ii) To the extent that noncriminal investigative files may exist within this system of records, the Inspector General Investigations Case Files system of records is exempt from the following sections of the Privacy Act (5 U.S.C. 552a): (c)(3) relating to access to the disclosure accounting, (d) relating to access to records, (e)(1) relating to the type of information maintained in the records; (e)(4) (G), (H), and (I) relating to publishing the system notice information as to agency procedures for access and amendment and information as to the categories of sources or records, and (f) relating to developing agency rules for gaining access and making corrections. (2) Reason for exemptions. (i) The Office of Inspector General is an office of NASA, a component of which performs as its principal function activity pertaining to the enforcement of criminal laws, within the meaning of 5 U.S.C. 552a(j)(2). This exemption applies only to those records and information contained in the system of records pertaining to crimin… | ||||
| 14:14:5.0.1.1.13.6.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.6 | Subpart 1212.6—Instructions for NASA Employees | § 1212.600 General policy. | NASA | In compliance with the Privacy Act and in accordance with the requirements and procedures of this regulation, NASA has an obligation to: (a) Advise individuals, when requested, as to whether any specific system of records maintained by NASA contains records pertaining to them; (b) Prevent records being maintained by NASA in a system of records for a specific purpose from being used or made available for another purpose without the individual's consent; and, (c) Permit individuals to have access to information about themselves in a NASA system of records, to have a copy made, and, if appropriate under subpart 1212.3 of this part, to amend the records. | |||||
| 14:14:5.0.1.1.13.6.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.6 | Subpart 1212.6—Instructions for NASA Employees | § 1212.601 Maintenance and publication requirements for systems of records. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012] | (a) In maintaining systems of records, NASA shall: (1) Maintain any record in a system of records for necessary and lawful purposes only, assure that the information is current and accurate for its intended use, and provide adequate safeguards to prevent misuse of the information. (2) Maintain only information about an individual relevant and necessary to accomplish a purpose or to carry out a function of NASA authorized by law or by Executive order of the President. (3) Maintain records used by NASA officials in making any determination about any individual with such accuracy, relevance, timeliness, and completeness reasonably necessary to assure fairness to the individual in making the determination. (4) Maintain no record describing how an individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute, by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity. (5) Maintain and provide access to records of other agencies under NASA's control consistent with the regulations of this part. (b) Any system of records maintained by NASA which is in addition to or substantially different from a Governmentwide systems of records described in a systems notice published by another agency shall be regarded as a NASA system of records subject to the requirements of this part. (c) NASA shall provide adequate advance notice to Congress and OMB of any proposal to establish a new system of records or alter any existing system of records as prescribed by OMB Circular No. A-130, appendix I. | ||||
| 14:14:5.0.1.1.13.6.1.3 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.6 | Subpart 1212.6—Instructions for NASA Employees | § 1212.602 Requirements for collecting information. | NASA | In collecting information for systems of records, the following requirements shall be met: (a) Information shall be collected to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs. Exceptions to this policy may be made under certain circumstances, such as one of the following: (1) There is a need to verify the accuracy of the information supplied by an individual. (2) The information can only be obtained from a third party. (3) There is no risk that information collected from third parties, if inaccurate, could result in an adverse determination to the individual concerned. (4) Provisions are made to verify with the individual information collected from a third party. (b) Each individual who is asked to supply information shall be informed of the following: (1) The authority (whether granted by statute, or by Executive order of the President) for requesting the information; (2) Whether disclosure is mandatory or voluntary; (3) The intended official use of the information; (4) The routine uses which may be made of the information, as published in the system notices; (5) The effects, if any, on the individual of not providing all or any part of the requested information. | |||||
| 14:14:5.0.1.1.13.6.1.4 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.6 | Subpart 1212.6—Instructions for NASA Employees | § 1212.603 Mailing lists. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012] | NASA will not sell, rent, or otherwise disclose an individual's name and address to anyone, unless otherwise specifically authorized by law. This is not to be construed to require the withholding of names and addresses otherwise permitted to be made public. | ||||
| 14:14:5.0.1.1.13.6.1.5 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.6 | Subpart 1212.6—Instructions for NASA Employees | § 1212.604 Social security numbers. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 87 FR 71240, Nov. 22, 2022] | (a) It is unlawful for NASA to deny to individuals any rights, benefits, or privileges provided by law because of the individuals' refusal to disclose their social security numbers, except where: (1) The disclosure is required by law; or (2) The disclosure is from a system of records in existence and operating before January 1, 1975, and was required under statute or regulation adopted before that date to verify the identity of the individual(s). (b) Any time individuals are requested to disclose their social security numbers, NASA shall indicate whether that disclosure is mandatory or voluntary, by what authority the numbers are requested, and what uses will be made of them. (c) When sending physical mail, NASA will adhere to the following: (1) Social Security account numbers shall not be visible on the outside of any package sent by mail. (2) A document sent by mail may only include the Social Security account number of an individual if it is determined by the Administrator that the inclusion of a Social Security account number is necessary. (3) The inclusion of a Social Security account number of an individual on a document sent by mail is necessary when— (i) Required by law; or (ii) Necessary to identify a specific individual and no adequate substitute is available. (4) Social Security account numbers must be partially redacted in documents sent by mail whenever feasible. | ||||
| 14:14:5.0.1.1.13.6.1.6 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.6 | Subpart 1212.6—Instructions for NASA Employees | § 1212.605 Safeguarding information in systems of records. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012] | (a) Safeguards appropriate for a NASA system of records shall be developed by the system manager in a written plan approved by the Center Security Officer or Center Information Technology Security Officer for electronic records maintained in automated systems. Safeguards must insure the security and confidentiality of records and protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained. (b) When records or copies of records are distributed within NASA they shall be prominently identified as records protected under the Privacy Act and shall be subject to the same safeguard, retention, and disposition requirements applicable to the system of records. (c) When records or copies of records are distributed to other Federal agencies, other than those having custody of the systems of records, they shall be prominently identified as records protected under the Privacy Act. (d) Records that are otherwise required by law to be released to the public need not be safeguarded or identified as Privacy Act records. | ||||
| 14:14:5.0.1.1.13.6.1.7 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.6 | Subpart 1212.6—Instructions for NASA Employees | § 1212.606 Duplicate copies of records or portions of records. | NASA | (a) NASA officials may maintain and use, for official purposes, duplicate copies of records or portions of records from a system of records maintained by their own organizational unit. This practice should occur only where there are justifiable organizational needs for it, e.g., where geographic distances make use of the system of records time consuming or inconvenient. These duplicate copies shall not be considered a separate NASA system of records. For example, an office head or designee may keep duplicate copies of personnel, training, or similar records on employees within the organization for administrative convenience purposes. (b) No disclosure shall be made from duplicate copies outside of the organizational unit. Any outside request for disclosure shall be referred to the appropriate system manager for response. (c) Duplicate copies are subject to the same safeguard requirements applicable to the system of records. | |||||
| 14:14:5.0.1.1.13.7.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.700 NASA employees. | NASA | (a) Each NASA employee is responsible for adhering to the requirements of the Privacy Act and this regulation. (b) An employee shall not seek or obtain access to a record in a NASA system of records or to copies of any portion of such records under false pretenses. Only those employees with an official “need to know” may seek and obtain access to records pertaining to others. (c) Employees shall refrain from discussing or disclosing personal information about others which they have obtained because of their official need to know such information in the performance of official duties. (d) To the extent included in a contract which provides for the maintenance by or on behalf of NASA of a system of records to accomplish a function of NASA, the requirements of this section shall apply to contractor employees who work under the contract. | |||||
| 14:14:5.0.1.1.13.7.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.701 Associate Administrator. | NASA | [57 FR 4928, Feb. 11, 1992, as amended at 77 FR 60621, Oct. 4, 2012; NASA-21-091; NASA-2021-0007, 88 FR 12149, Feb. 27, 2023] | The Associate Administrator is responsible for: (a) Making final Agency determinations on appeals (§ 1212.400), except on those related to records originating in the Office of the Inspector General; (b) Authorizing exemptions from one or more provisions of the Privacy Act for NASA systems of records (See § 1212.500); and, (c) Authorizing an extension for making a final determination on an appeal (§ 1212.400(d)), except for an appeal related to records originating in the Office of the Inspector General. | ||||
| 14:14:5.0.1.1.13.7.1.3 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.702 The Inspector General. | NASA | [77 FR 60622, Oct. 4, 2012] | The Inspector General is responsible for: (a) Making final Agency determinations on appeals related to records originating with the Office of the Inspector General (§ 1212.400), and (b) Authorizing an extension for making a final determination on an appeal related to records originating with the Office of the Inspector General (§ 1212.400(e)). | ||||
| 14:14:5.0.1.1.13.7.1.4 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.703 NASA Chief Information Officer. | NASA | [57 FR 4928, Feb. 11, 1992. Redesignated and amended at 77 FR 60622, Oct. 4, 2012] | (a) The NASA Chief Information Officer is responsible for the following: (1) Providing overall supervision and coordination of NASA's policies and procedures under this regulation; (2) Approving system notices for publication in the Federal Register ; (3) Assuring that NASA employees and officials are informed of their responsibilities and that they receive appropriate training for the implementation of these requirments; and, (4) Preparing and submitting the biennial report on implementation of the Privacy Act to OMB and special reports required under this regulation, including establishing appropriate reporting procedures in accordance with OMB Circular No. A-130. (b) The Chief Information Officer may establish a position of ‘NASA Privacy Act Officer,’designate someone to function as such an officer, and delegate to that officer any of the functions described in paragraph (a) of this section. | ||||
| 14:14:5.0.1.1.13.7.1.5 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.704 Headquarters and Field Centers or Component Facilities. | NASA | [57 FR 4928, Feb. 11, 1992. Redesignated and amended at 77 FR 60622, Oct. 4, 2012; 78 FR 8964, Feb. 7, 2013] | (a) Officials-in-Charge of Headquarters Offices, Directors of NASA Field Centers and Officials-in-Charge of Component Facilities are responsible for the following with respect to those systems of records maintained in their organization: (1) Avoiding the establishment of new systems of records or new routine uses of a system of records without first complying with the requirements of this regulation; (2) Ensuring that the requirements of this regulation and the Privacy Act are followed by employees; (3) Ensuring that there is appropriate coordination within NASA before a determination is made to disclose information without the individual's consent under authority of 5 U.S.C. 552a(b) (See § 1212.203(f)); and (4) Providing appropriate oversight for responsibilities and authorities exercised by system managers under their jurisdiction (§ 1212.705). (5) Establish a position of Center Privacy Manager to assist in carrying out the responsibilities listed in this section. (b) [Reserved] | ||||
| 14:14:5.0.1.1.13.7.1.6 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.705 System manager. | NASA | [57 FR 4928, Feb. 11, 1992. Redesignated and amended at 77 FR 60622, Oct. 4, 2012; NASA-21-091; NASA-2021-0007, 88 FR 12149, Feb. 27, 2023] | (a) Each system manager is responsible for the following with regard to the system of records over which the system manager has cognizance: (1) Overall compliance with this part, NASA Policy Directive (NPD) 1382.17 and NASA Procedural Requirements (NPR) 1382.1. (2) Ensuring that each person involved in the design, development, operation, or maintenance of the system of records is instructed with respect to the requirements of this regulation and the possible penalties for noncompliance; (3) Submitting a request to the Associate Administrator for an exemption of the system under subpart 1212.5 of this part, setting forth in proposed rulemaking form the reasons for the exemption and citing the specific provision of the Privacy Act which is believed to authorize the exemption; (4) After consultation with the Office of the General Counsel or the Chief Counsel, making reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record; (5) Making an initial determination on an individual's request to correct or amend a record, in accordance with § 1212.302; (6) Prior to disclosure of any record about an individual, assuring that the record is first reviewed for accuracy, completeness, timeliness, and relevance; (7) Authorizing disclosures of a record without the individual's consent under § 1212.203(f)(1) through (12); (8) Responding within the requirements of § 1212.200 to an individual's request for information as to whether the system contains a record pertaining to the individual; (9) Responding to an individual's request for access and copying of a record, in accordance with subpart 1212.2 of this part; (10) Amending a record under subpart 1212.3 of this part, or filing in an individual's record a statement of dispute; (11) Preparing an addendum to an individual's statement of dispute to be filed in the individual's records, in accordance with § 1212.401; (12) Maintaini… | ||||
| 14:14:5.0.1.1.13.7.1.7 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.706 Assistant Administrator for Procurement. | NASA | [57 FR 4928, Feb. 11, 1992. Redesignated at 77 FR 60622, Oct. 4, 2012] | The Assistant Administrator for Procurement is responsible for developing appropriate procurement regulations and procedures under which NASA contracts requiring the maintenance of a system of records in order to accomplish a NASA function are made subject to the requirements of this part. | ||||
| 14:14:5.0.1.1.13.7.1.8 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.7 | Subpart 1212.7—NASA Authority and Responsibilities | § 1212.707 Delegation of authority. | NASA | [57 FR 4928, Feb. 11, 1992. Redesignated at 77 FR 60622, Oct. 4, 2012] | Authority necessary to carry out the responsibilities specified in this regulation is delegated to the officials named, subject to any conditions or limitations imposed in accordance with this subpart 1212.7. | ||||
| 14:14:5.0.1.1.13.8.1.1 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.8 | Subpart 1212.8—Failure To Comply With Requirements of This Part | § 1212.800 Civil remedies. | NASA | Failure to comply with the requirements of the Privacy Act and this part could subject NASA to civil suit under the provisions of 5 U.S.C. 552a(g). | |||||
| 14:14:5.0.1.1.13.8.1.2 | 14 | Aeronautics and Space | V | 1212 | PART 1212—PRIVACY ACT—NASA REGULATIONS | 1212.8 | Subpart 1212.8—Failure To Comply With Requirements of This Part | § 1212.801 Criminal penalties. | NASA | (a) A NASA officer or employee may be subject to criminal penalties under the provisions of 5 U.S.C. 552a(i) (1) and (2). (1) Section 552a(i)(1). Any officer or employee of an agency, who by virtue of employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. (2) Section 552a(i)(2). Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. (3) These two provisions apply to NASA civil service employees as well as those employees of a NASA contractor with responsibilities for maintaining a Privacy Act system of records. (b) Section 552a(i)(3). Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. | |||||
| 7:7:10.1.1.1.7.1.123.1 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.1 Act. | AMS | “Act” means the Commodity Promotion, Research, and Information Act of 1996, (7 U.S.C. 7411-7425), and any amendments to that Act. | |||||
| 7:7:10.1.1.1.7.1.123.10 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.10 Honey products. | AMS | “Honey products” mean products where honey is a principal ingredient. For purposes of this subpart, a product shall be considered to have honey as a principal ingredient if the product contains at least 50% honey by weight. | |||||
| 7:7:10.1.1.1.7.1.123.11 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.11 Importer. | AMS | “Importer” means any person who imports for sale honey or honey products into the United States as a principal or as an agent, broker, or consignee of any person who produces honey or honey products outside the United States for sale in the United States, and who is listed in the import records as the importer of record for such honey or honey products. | |||||
| 7:7:10.1.1.1.7.1.123.12 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.12 [Reserved] | AMS | ||||||
| 7:7:10.1.1.1.7.1.123.13 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.13 Information. | AMS | “Information” means activities or programs designed to develop new and existing markets, new and existing marketing strategies and increased efficiency and activities to enhance the image of honey and honey products. These include: (a) Consumer education, which means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, nutritional attributes, and care of honey and honey products; and (b) Industry information, which means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the honey industry, and activities to enhance the image of the honey industry. | |||||
| 7:7:10.1.1.1.7.1.123.14 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.14 Market or marketing. | AMS | (a) “Marketing” means the sale or other disposition of honey or honey products in any channel of commerce. (b) “Market” means to sell or otherwise dispose of honey or honey products in interstate, foreign, or intrastate commerce. | |||||
| 7:7:10.1.1.1.7.1.123.15 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.15 Order. | AMS | “Order” means the Honey Packers and Importers Research, Promotion, Consumer Education and Industry Information Order. | |||||
| 7:7:10.1.1.1.7.1.123.16 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.16 Part and subpart. | AMS | “Part” means the Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order (Order) and all rules, regulations, and supplemental orders issued pursuant to the Act and the Order. The Order shall be a “subpart” of such part. | |||||
| 7:7:10.1.1.1.7.1.123.17 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.17 Person. | AMS | “Person” means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. | |||||
| 7:7:10.1.1.1.7.1.123.18 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.18 Plans and programs. | AMS | “Plans and programs” mean those research, promotion and information programs, plans, or projects established pursuant to this Order. | |||||
| 7:7:10.1.1.1.7.1.123.19 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.19 Producer. | AMS | “Producer” means any person who is engaged in the production and sale of honey in any State and who owns, or shares the ownership and risk of loss of the production of honey or a person who is engaged in the business of producing, or causing to be produced, honey beyond personal use and having value at first point of sale. | |||||
| 7:7:10.1.1.1.7.1.123.2 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.2 Board. | AMS | [84 FR 1345, Feb. 4, 2019] | “Board” or “National Honey Board” means the administrative body established pursuant to § 1212.40, or such other name as recommended by the Board and approved by the Department. | ||||
| 7:7:10.1.1.1.7.1.123.20 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.20 Promotion. | AMS | “Promotion” means any action, including paid advertising and public relations that presents a favorable image for honey or honey products to the public and food industry with the intent of improving the perception and competitive position of honey and stimulating sales of honey or honey products. | |||||
| 7:7:10.1.1.1.7.1.123.21 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.21 Qualified national organization representing first handler interests. | AMS | “Qualified national organization representing first handler interests” means an organization that the Secretary certifies as being eligible to nominate first handler and alternate first handler members of the Board under § 1212.42. | |||||
| 7:7:10.1.1.1.7.1.123.22 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.22 Qualified national organization representing importer interests. | AMS | [84 FR 1345, Feb. 4, 2019] | “Qualified national organization representing importer interests” means an organization that the Secretary certifies as being eligible to nominate importer and alternate importer members of the Board under § 1212.42. | ||||
| 7:7:10.1.1.1.7.1.123.23 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.23 Qualified national organization representing producer interests. | AMS | “Qualified national organization representing producer interests” means an organization that the Secretary certifies as being eligible to nominate producer and alternate producer members of the Board under § 1212.42. | |||||
| 7:7:10.1.1.1.7.1.123.24 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.24 Qualified national organization representing cooperative interests. | AMS | “Qualified national organization representing cooperative interests” means an organization that the Secretary certifies as being eligible to nominate cooperative and alternate cooperative members of the Board under § 1212.42. | |||||
| 7:7:10.1.1.1.7.1.123.25 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.25 Referendum. | AMS | “Referendum” means a referendum to be conducted by the Secretary pursuant to the Act whereby first handlers and importers shall be given the opportunity to vote to determine whether the implementation of or continuance of this part is favored by a majority of eligible persons voting in the referendum and a majority of volume voted in the referendum. | |||||
| 7:7:10.1.1.1.7.1.123.26 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.26 Research. | AMS | “Research” means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of honey and honey products, including research relating to nutritional value, cost of production, new product development, testing the effectiveness of market development and promotion efforts. Such term shall also include studies on bees to advance the cost effectiveness, competitiveness, efficiency, pest and disease control, and other management aspects of beekeeping, honey production, and honey bees. | |||||
| 7:7:10.1.1.1.7.1.123.27 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.27 Secretary. | AMS | “Secretary” means the Secretary of Agriculture of the United States, or any other officer or employee of the Department to whom authority the Secretary delegated the authority to act on his or her behalf. | |||||
| 7:7:10.1.1.1.7.1.123.28 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.28 Suspend. | AMS | “Suspend” means to issue a rule under 5 U.S.C. 553 to temporarily prevent the operation of an order or part thereof during a particular period of time specified in the rule. | |||||
| 7:7:10.1.1.1.7.1.123.29 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.29 State. | AMS | “State” means any of the fifty States of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. | |||||
| 7:7:10.1.1.1.7.1.123.3 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.3 Conflict of interest. | AMS | “Conflict of interest” means a situation in which a member or employee of the Board has a direct or indirect financial interest in a person who performs a service for, or enters into a contract with, the Board for anything of economic value. | |||||
| 7:7:10.1.1.1.7.1.123.30 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.30 Terminate. | AMS | “Terminate” means to issue a rule under 5 U.S.C. 553 to cancel permanently the operation of an order or part thereof beginning on a date certain specified in the rule. | |||||
| 7:7:10.1.1.1.7.1.123.31 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.31 United States. | AMS | “United States” means collectively the 50 States, the District of Columbia, the Commonwealth of Puerto Rico and the territories and possessions of the United States. | |||||
| 7:7:10.1.1.1.7.1.123.32 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.32 United States Customs Service. | AMS | “United States Customs Service” or “Customs” means the United States Customs and Border Protection, an agency of the Department of Homeland Security. | |||||
| 7:7:10.1.1.1.7.1.123.4 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.4 Department. | AMS | “Department” means the United States Department of Agriculture, 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. | |||||
| 7:7:10.1.1.1.7.1.123.5 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.5 Exporter. | AMS | “Exporter” means any person who exports honey or honey products from the United States. | |||||
| 7:7:10.1.1.1.7.1.123.6 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.6 First handler. | AMS | “First handler” means the first person who buys or takes possession of honey or honey products from a producer for marketing. If a producer markets honey or honey products directly to consumers, that producer shall be considered to be the first handler with respect to the honey produced by the producer. | |||||
| 7:7:10.1.1.1.7.1.123.7 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.7 Fiscal period. | AMS | “Fiscal period” means a calendar year from January 1 through December 31, or such other period as recommended by the Board and approved by the Secretary. | |||||
| 7:7:10.1.1.1.7.1.123.8 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.8 Handle. | AMS | “Handle” means to process, package, sell, transport, purchase or in any other way place honey or honey products, or causes them to be placed, in commerce. This term includes selling unprocessed honey that will be consumed without further processing or packaging. This term does not include the transportation of unprocessed honey by the producer to a handler or transportation by a commercial carrier of honey, whether processed or unprocessed for the account of the first handler or producer. | |||||
| 7:7:10.1.1.1.7.1.123.9 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.9 Honey. | AMS | “Honey” means the nectar and saccharine exudations of plants that are gathered, modified, and stored in the comb by honeybees, including comb honey. | |||||
| 7:7:10.1.1.1.7.1.124.33 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.40 Establishment and membership. | AMS | [84 FR 1345, Feb. 4, 2019] | The National Honey Board is established to administer the terms and provisions of this part. The Board shall have ten members, composed of three first handler representatives, three importer representatives, three producer representatives, and one marketing cooperative representative. In addition, each producer representative must produce a minimum of 50,000 pounds of honey in the United States annually based on the best three-year average of the most recent five calendar years, as certified by producers. The Secretary will appoint members to the Board from nominees submitted in accordance with § 1212.42. The Secretary shall also appoint an alternate for each member. | ||||
| 7:7:10.1.1.1.7.1.124.34 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.41 Term of office. | AMS | [84 FR 1345, Feb. 4, 2019] | Each Board member and alternate will serve a three-year term or until the Secretary selects his or her successor. No member or alternate may serve more than two consecutive terms. Each term of office will end on December 31, with new terms of office beginning on January 1. | ||||
| 7:7:10.1.1.1.7.1.124.35 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.42 Nominations and appointments. | AMS | [73 FR 29397, May 21, 2008, as amended at 84 FR 1345, Feb. 4, 2019] | All nominations to the Board will be made as follows: (a) All qualified national organizations representing first handler interests will have the opportunity to participate in a nomination caucus and will, to the extent practical, submit as a group a single slate of nominations to the Secretary for the first handler positions and the alternate positions on the Board. If the Secretary determines that there are no qualified national organizations representing first handler interests, individual first handlers who have paid assessments to the Board in the most recent fiscal period may submit nominations. For the initial Board, persons that meet the definition of first handlers as defined in this subpart will certify their qualification and upon certification, if qualified, may submit nominations. (b) All qualified national organizations representing importer interests will have the opportunity to participate in a nomination caucus and will, to the extent practical, submit as a group a single slate of nominations to the Secretary for importer positions and the importer alternate positions on the Board. If the Secretary determines that there are no qualified national organizations representing importer interests, individual importers who have paid assessments to the Board in the most recent fiscal period may submit nominations. (c) All qualified national organizations representing producer interests will have the opportunity to participate in a nomination caucus and will, to the extent practical, submit as a group a single slate of nominations to the Secretary for the producer positions and the producer alternate positions on the Board. If the Secretary determines that there are no qualified national organizations representing producer interests, individual producers may submit nominations to the Secretary. For the initial Board, persons that meet the definition of producer as defined in this subpart will certify such qualification and upon certification, if qualified, may submit nominations. (d) For the purposes … | ||||
| 7:7:10.1.1.1.7.1.124.36 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.43 Removal and vacancies. | AMS | (a) In the event that any member or alternate of the Board ceases to be a member of the category of members from which the member was appointed to the Board, such position shall become vacant. (b) The Board may recommend to the Secretary that a member be removed from office if the member consistently refuses to perform his or her duties or engages in dishonest acts or willful misconduct. The Secretary may remove the member if he or she finds that the Board's recommendation shows adequate cause. (c) A vacancy for any reason will be filled as follows: (1) If a member position becomes vacant, the alternate for that position will serve the remainder of the member's term. In accordance with § 1212.42, the Secretary will request nominations for a replacement alternate and will appoint a nominee to serve the remainder of the term. The Secretary does not have to appoint a replacement if the unexpired term is less than six months. (2) If both a member position and an alternate position become vacant, in accordance with § 1212.42, the Secretary will request nominations for replacements and appoint a member and alternate to serve the remainder of the term. The Secretary does not have to appoint a new member or alternate if the unexpired term for the position is less than six months. (3) No successor appointed to a vacated term of office shall serve more than two successive three-year terms on the Board. | |||||
| 7:7:10.1.1.1.7.1.124.37 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.44 Procedure. | AMS | (a) A majority of the Board members will constitute a quorum so long as at least one of the members present is an importer member and one of the members present is a first handler member. An alternate will be counted for the purpose of determining a quorum only if a member from his or her membership class is absent or disqualified from participating. Any Board action will require the concurring votes of a majority of those present and voting; with the exception of the two-thirds vote requirement in § 1212.52(f). All votes at meetings will be cast in person. The Board must give timely notice of all Board and committee meetings to members and alternates. (b) The Board may take action by any means of communication when, in the opinion of the Board chairperson, an emergency requires that action must be taken before a meeting can be called. Any action taken under this procedure is valid only if: (1) All members and the Secretary are notified and the members are provided the opportunity to vote; (2) Each proposition is explained accurately, fully, and substantially identically to each member; (3) With the exception of the two-thirds vote requirement in § 1212.52(f), a majority of the members vote in favor of the action; and (4) All votes are promptly confirmed in writing and recorded in the Board minutes. | |||||
| 7:7:10.1.1.1.7.1.124.38 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.45 Reimbursement and attendance. | AMS | Board members and alternates, when acting as members, will serve without compensation but will be reimbursed for reasonable travel expenses, as approved by the Board, that they incur when performing Board business. The Board may request that alternates attend any meeting even if their respective members are expected to attend or actually attend the meeting. | |||||
| 7:7:10.1.1.1.7.1.124.39 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.46 Powers. | AMS | The Board shall have the following powers subject to § 1212.80: (a) Administer this subpart in accordance with its terms and provisions of the Act; (b) Require its employees to receive, investigate, and report to the Secretary complaints of violations of this part; (c) Recommend adjustments to the assessments as provided in this part; (d) Recommend to the Secretary amendments to this part; (e) Establish, issue, and administer appropriate programs and enter into contracts or agreements with the approval of the Secretary for promotion, research, and information programs and plans including consumer and industry information, and advertising designed to strengthen the honey industry's position in the marketplace and to maintain, develop, and expand domestic and foreign markets for honey and honey products; and (f) Invest assessments collected and other funds received pursuant to the Order and use earnings from invested assessments to pay for activities carried out pursuant to the Order. | |||||
| 7:7:10.1.1.1.7.1.124.40 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.47 Duties. | AMS | The Board shall have, among other things, the following duties: (a) To meet and organize, and to select from among its members a chairperson and such other officers as may be necessary; to select committees and subcommittees from its membership and other industry representatives; and to develop and recommend such rules, regulations, and by-laws to the Secretary for approval to conduct its business as it may deem advisable; (b) To employ or contract with 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) To prepare and submit to the Secretary for approval 60 days in advance of the beginning of a fiscal period, a budget of anticipated expenses in the administration of this part including the probable costs of all programs and plans and to recommend a rate of assessment with respect thereto. (d) To investigate violations of this part and report the results of such investigations to the Secretary for appropriate action to enforce the provisions of this part. (e) To establish, issue, and administer appropriate programs and enter into contracts or agreements with the approval of the Secretary for promotion, research, and information including consumer and industry information, and advertising designed to strengthen the honey industry's position in the marketplace and to maintain, develop, and expand domestic and foreign markets for honey and honey products. (f) To maintain minutes, books, and records and prepare and submit to the Secretary such reports from time to time as may be required for appropriate accounting with respect to the receipt and disbursement of funds entrusted to it. (g) To periodically prepare and make public and to make available to first handlers, producers, and importers reports of its activities and, at least once each fiscal period, to make public an accounting of funds received and expended. (h) To cause its books to be audited by a certified public accountant at th… | |||||
| 7:7:10.1.1.1.7.1.124.41 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.48 Reapportionment of Board membership. | AMS | At least once in each 5-year period, but not more frequently than once in each 3-year period, the Board shall: (a) Review, based on a three-year average, the geographical distribution in the United States of the production of honey and the quantity or value of the honey and honey products imported into the United States; and (b) If warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the production of honey and the quantity or value of the honey and honey products imported into the United States. | |||||
| 7:7:10.1.1.1.7.1.125.42 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.50 Budget and expenses. | AMS | (a) At least 60 days prior to the beginning of each fiscal period, and as may be necessary thereafter; the Board shall prepare and submit to the Department a budget for the fiscal period covering its anticipated expenses and disbursements in administering this subpart. The budget shall allocate five percent (5%) of the Board's anticipated revenue from assessments each fiscal period for production research and research relating to the production of honey. Each such budget shall include: (1) A statement of objectives and strategy for each program, plan, or project; (2) A summary of anticipated revenue, with comparative data or at least one preceding year (except for the initial budget); (3) A summary of proposed expenditures for each program, plan, or project; and (4) Staff and administrative expense breakdowns, with comparative data for at least one preceding year (except for the initial budget). (b) Each budget shall provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in this subpart. (c) Subject to this section, any amendment or addition to an approved budget must be approved by the Department, including shifting funds from one program, plan, or project to another. Shifts of funds which do not cause an increase in the Board's approved budget and which are consistent with governing bylaws need not have prior approval by the Department. (d) The Board is authorized to incur such expenses, including provision for a reserve, as the Department finds reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this subpart. Such expenses shall be paid from funds received by the Board. (e) With approval of the Department, the Board may borrow money for the payment of administrative expenses, subject to the same fiscal, budget, and audit controls as other funds of the Board. Any funds borrowed by the Board shall be expended only for startup… | |||||
| 7:7:10.1.1.1.7.1.125.43 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.51 Financial statements. | AMS | (a) The Board shall prepare and submit financial statements to the Department 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 Department within 30 days after the end of the time period to which it applies. (c) The Board shall submit annually to the Department an annual financial statement within 90 days after the end of the calendar year to which it applies. | |||||
| 7:7:10.1.1.1.7.1.125.44 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.52 Assessments. | AMS | [73 FR 11472, Mar. 3, 2008, as amended at 80 FR 22365, Apr. 22, 2015] | (a) The Board will cover its expenses by levying in a manner prescribed by the Secretary an assessment on first handlers and importers. For the period January 1 through December 31, 2015, the assessment rate shall be $0.0125 per pound of assessable honey and honey products. On and after January 1, 2016, the assessment rate shall be $0.015 per pound of assessable honey and honey products. (b) Each first handler shall pay the assessment to the Board on all domestically produced honey or honey products the first handler handles. A producer shall pay the Board the assessment on all honey or honey products for which the producer is the first handler. (c) Each first handler responsible for remitting assessments shall remit the amounts due to the Board's office on a monthly basis no later than the fifteenth day of the month following the month in which the honey or honey products were marketed. (d) Each importer shall pay an assessment to the Board on all honey or honey products the importer imports into the United States. An importer shall pay the assessment to the Board through the United States Customs and Border Protection (Customs) when the honey or honey products being assessed enters the United States. If Customs does not collect an assessment from an importer, the importer is responsible for paying the assessment to the Board. (e) The import assessment recommended by the Board and approved by the Secretary shall be uniformly applied to imported honey or honey products that are identified as HTS heading numbers 0409.00.00 and 2106.90.9988 by the Harmonized Tariff Schedule of the United States or any other numbers used to identify honey or honey products. (f) The Board may recommend to the Secretary an increase or decrease in the assessment as it deems appropriate by at least a two-thirds vote of members present at a meeting of the Board. The Board may not recommend an increase in the assessment of more than $0.02 per pound of honey or honey products and may not increase the assessment by more than $0.0025 in… | ||||
| 7:7:10.1.1.1.7.1.125.45 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.53 Exemption from assessment. | AMS | [73 FR 11472, Mar. 3, 2008, as amended at 80 FR 22366, Apr. 22, 2015; 80 FR 82027, Dec. 31, 2015] | (a) A first handler who handles less than 250,000 pounds of honey or honey products per calendar year or an importer who imports less than 250,000 pounds of honey or honey products per calendar year is exempt from paying assessments. (b) A first handler or importer desiring an exemption shall apply to the Board, on a form provided by the Board, for a certificate of exemption. A first handler shall certify that the first handler will handle less than 250,000 of honey and honey products for the calendar year for which the exemption is claimed. An importer shall certify that the importer will import less than 250,000 pounds of honey and honey products during the calendar year for which the exemption is claimed. (c) A first handler or importer who operates under an approved National Organic Program (7 CFR part 205) (NOP) organic handling 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), or certified as “organic” or “100 percent organic” under a U.S. equivalency arrangement established under 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 first handler or importer regardless of whether the agricultural commodity subject to the exemption is handled or imported by a person that also handles or imports conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed; (3) The first handler 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 (4) Any first handler 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 se… | ||||
| 7:7:10.1.1.1.7.1.125.46 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.54 Operating reserve. | AMS | The Board may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in any reserve so established: Provided that the funds in the reserve do not exceed one fiscal period's budget. Subject to approval by the Department, such reserve funds may be used to defray any expenses authorized under this part. | |||||
| 7:7:10.1.1.1.7.1.125.47 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.55 Prohibition on use of funds. | AMS | (a) The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: (1) Any action that is a conflict of interest; (2) Except as otherwise provided in paragraph (b) of this section, using funds collected by the Board under the Order to undertake any action for the purpose of influencing legislation or governmental action or policy, by local, state, national, and foreign governments, other than recommending to the Secretary amendments to the Order. (3) A program, plan or project conducted pursuant to this subpart that includes false or misleading claims on behalf of honey or honey products. (4) Any advertising, including promotion, research and information activities authorized that may be false or misleading or disparaging to another agricultural commodity. (b) The prohibition in paragraph (a)(2) of this section shall not apply: (1) To the development and recommendation of amendments to this subpart; or (2) To the communication to appropriate government officials, in response to a request made by the officials, of information relating to the conduct, implementation, or results of promotion, research, consumer information, education, industry information, or producer information activities authorized under this subpart. | |||||
| 7:7:10.1.1.1.7.1.126.48 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.60 Programs, plans and projects. | AMS | (a) Scope of activities. The Board must develop and submit to the Secretary for approval plans and programs authorized by this section. The plans and programs may provide for: (1) Establishing, issuing, and administering appropriate programs for promotion, research, and information including consumer and industry information, and advertising designed to strengthen the honey industry's position in the marketplace and to maintain, develop, and expand domestic and foreign markets for honey and honey products; (2) Establishing and conducting research and development activities to encourage and expand the acquisition of knowledge about honey and honey products, their consumption and use, or to encourage, expand or improve the quality, marketing, and utilization of honey and honey products; (3) Conducting activities that may lead to developing new markets or marketing strategies for honey and honey products; (4) Conducting activities related to production issues or bee research activities; and (5) Conducting activities designed to make the honey industry more efficient, to improve the quality of honey or to enhance the image of honey and honey products and the honey industry. (b) No program, plan, or project shall be implemented prior to its approval by the Department. Once a program, plan, or project is so approved, the Board shall take appropriate steps to implement it. (c) The Board must periodically evaluate each plan and program authorized under this part to ensure that it contributes to an effective and coordinated program of research, promotion and information. The Board must submit the evaluations to the Secretary. If the Board and the Secretary find that a plan or program does not further the purposes of the Act, then such plan or program should be terminated. | |||||
| 7:7:10.1.1.1.7.1.126.49 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.61 Independent evaluation. | AMS | The Board must authorize and fund not less than once every five years an independent evaluation of the effectiveness of this subpart and the plans and programs conducted by the Board under the Act. The Board must submit this independent evaluation to the Secretary and make the results available to the public. | |||||
| 7:7:10.1.1.1.7.1.126.50 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.62 Patents, copyrights, inventions, product formulations, and publications. | AMS | Except for a reasonable royalty paid by the Board to the inventor of a patented invention, any patents, copyrights, inventions, product formulations, or publications developed through the use of funds collected under the provisions of this subpart shall be the property of the U.S. Government, as represented by the Board, and shall along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, trademarks, information, publications, or product formulations, inure to the benefit of the Board; shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board; and may be licensed subject to approval by the Department. Upon termination of this Order, § 1212.83 shall apply to determine disposition of all such property. | |||||
| 7:7:10.1.1.1.7.1.127.51 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.70 Reports. | AMS | (a) Each first handler or importer subject to this part must report to the Board, at the time and in the manner it prescribes, and subject to the approval of the Secretary, the information the Board deems necessary to perform its duties. (b) First handlers must report: (1) The total quantity of honey and honey products acquired during the reporting period; (2) The total quantity of honey and honey products handled during the period; (3) The quantity of honey processed for sale from the first handler's own production; (4) The quantity of honey and honey products purchased from a first handler or importer responsible for paying the assessment due pursuant to this Order; (5) The date that assessment payments were made on honey and honey products handled; and (6) The first handler's tax identification number. (c) Unless provided by Customs, importers must report: (1) The total quantity of honey and honey products imported during the reporting period; (2) A record of each lot of honey or honey products imported during such period, including the quantity, date, country of origin, and port of entry; and (3) The importer of record's tax identification number. (d) The Board may request any other information from first handlers and importers that it deems necessary to perform its duties under this subpart, subject to the approval of the Secretary. (e) The Board, with the Secretary's approval, may request that persons claiming an exemption from assessments under § 1212.52(b) or (d) must provide it with any information it deems necessary about the exemption, including, without limitation, the disposition of exempted honey or honey products. | |||||
| 7:7:10.1.1.1.7.1.127.52 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.71 Book and records. | AMS | [80 FR 22366, Apr. 22, 2015] | Each first handler and importer, including those who are exempt under this subpart, must maintain any books and records necessary to carry out the provisions of this part, and any regulations issued under this part, including the books and records necessary to verify any required reports. Books and records must be made available during normal business hours for inspection by the Board's or Secretary's employees or agents. A first handler or importer must maintain the books and records for three years beyond the fiscal period to which they apply. | ||||
| 7:7:10.1.1.1.7.1.127.53 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.72 Confidential treatment. | AMS | All information obtained from books, records, or reports under the Act and this part shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members, first handlers, or importers. Only those persons having a specific need for such information to effectively administer the provisions of this subpart shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed by them, and then only in a judicial proceeding or administrative hearing brought at the direction, or on the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this subpart. Nothing in this section shall be deemed to prohibit: (a) The issuance of general statements based upon the reports of the number of persons subject to this subpart or statistical data collected thereof, 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 part, together with a statement of the particular provisions of this part violated by such person. | |||||
| 7:7:10.1.1.1.7.1.128.54 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.80 Right of the Secretary. | AMS | All fiscal matters, programs or projects, contracts, rules or regulations, reports, or other actions proposed and prepared by the Board shall be submitted to the Secretary for approval. | |||||
| 7:7:10.1.1.1.7.1.128.55 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.81 Referenda. | AMS | (a) After the initial referendum, the Secretary shall conduct subsequent referenda; (1) Every seven years, to determine whether first handlers and importers of honey or honey products favor the continuation, suspension, or termination of the Order. The Order shall continue if it is favored by a majority of first handlers and importers voting in the referendum and a majority of volume voting in the referendum who, during a representative period determined by the Secretary, have been engaged in the handling or importation of honey or honey products; (2) At the request of the Board established in this Order; (3) At the request of ten (10) percent or more of the number of persons eligible to vote under the Order; or (4) Whenever the Department deems that a referendum is necessary. (b) Approval of order. Approval in a referendum shall be established by a majority of eligible persons voting in the referendum and a majority of volume voting in the referendum who are first handlers or importers during the representative period by those voting as established by the Secretary. (c) Manner of conducting referenda. A referendum conducted under this section shall be conducted in the manner determined by the Secretary to be appropriate. | |||||
| 7:7:10.1.1.1.7.1.128.56 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.82 Suspension or termination. | AMS | The Secretary shall suspend or terminate the operation of this part or subpart or any provision thereof, if the Secretary finds that this part or subpart or the provision obstructs or does not tend to effectuate the declared policy of the Act. | |||||
| 7:7:10.1.1.1.7.1.128.57 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.83 Proceedings after termination. | AMS | (a) If this subpart terminates, the Board shall recommend to the Secretary up to five of its members to serve as trustees for the purpose of liquidating the Board's affairs. Such persons, upon designation by the Secretary, will become trustees of any funds and property the Board possesses or controls at that time and any existing claims it has, including, without limitation, claims for any unpaid or undelivered funds or property. (b) The trustees will: (1) Serve until discharged by the Secretary; (2) Carry out the Board's obligations under any contracts or agreements entered into pursuant to the Order; (3) Account from time to time for all receipts and disbursements and deliver all property on hand, together with all the Board's and trustees' books and records to any person the Secretary directs; and (4) Execute at the Secretary's direction any assignments or other instruments necessary or appropriate to vest in any person full title and right to all of the funds, property, and claims owned by the Board or the trustees under this subpart. (c) Any person to whom funds, property, or claims have been transferred or delivered pursuant to the Order will be subject to the same obligations imposed upon Board and the trustees. (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Department to be disposed of, to the extent practical, to one or more honey industry organizations in the interest of continuing honey promotion, research, and information programs. | |||||
| 7:7:10.1.1.1.7.1.128.58 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.84 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, terminating or amending this subpart or any regulation issued under it will not: (a) Affect or waive any right, duty, obligation, or liability that arose or may arise in connection with any provision of this part; (b) Release or extinguish any violation of this part; or (c) Affect or impair any rights or remedies of the United States or any person with respect to any violation. | |||||
| 7:7:10.1.1.1.7.1.128.59 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.85 Personal liability. | AMS | No member, alternate member, or employee of the Board may 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 a member, alternate member, or employee, except for acts of dishonesty or willful misconduct. | |||||
| 7:7:10.1.1.1.7.1.128.60 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.86 Separability. | AMS | If any provision of this subpart is declared invalid or the applicability of it to any person or circumstance is held invalid, the validity of the remainder of this subpart, or the applicability of it to other persons or circumstances will not be affected. | |||||
| 7:7:10.1.1.1.7.1.128.61 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.87 Amendments. | AMS | Amendments to this Order may be proposed from time to time by the Board or any interested person affected by the provisions of the Act, including the Department. | |||||
| 7:7:10.1.1.1.7.1.128.62 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | A | Subpart A—Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order | § 1212.88 OMB control number. | AMS | The control number assigned to the information collection requirements in this part by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control number 0505-0001, and OMB control number 0581-[NEW, to be assigned by OMB]. | |||||
| 7:7:10.1.1.1.7.2.129.1 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.100 General. | AMS | Referenda to determine whether eligible first handlers and importers of honey and honey products favor the issuance, continuance, amendment, suspension, or termination of the Honey Packers and Importers Research, Promotion, Consumer Education, and Industry Information Order shall be conducted in accordance with this subpart. | |||||
| 7:7:10.1.1.1.7.2.129.2 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.101 Definitions. | AMS | (a) Administrator means the Administrator of the Agricultural Marketing Service, with power to re-delegate, or any officer or employee of the U.S. Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act in the Administrator's stead. (b) Department means the U.S. Department of Agriculture 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. (c) Eligible first handler means any person (excluding a common or contract carrier) who handled 250,000 or more pounds of domestic honey and honey products during the representative period, who first buys or takes possession of honey or honey products from a producer for marketing. If a producer markets the honey directly to consumers, the producer shall be considered the first handler with respect to the honey produced by the producer. (d) Eligible importer means any person who imports 250,000 or more pounds of honey and honey products into the United States as a principal or as an agent, broker, or consignee of any person who produces or handles honey or honey products outside of the United States for sale in the United States, and who is listed as the importer of record for such honey or honey products that are identified in the Harmonized Tariff Schedule of the United States by the numbers 0409.00.00 and 2106.90.9988, during the representative period. Importation occurs when honey or honey products originating outside of the United States are released from custody by the United States Customs and Border Protection, referred to as the U.S. Customs Service, and introduced into the stream of commerce in the United States. Included are persons who hold title to foreign produced honey or honey products immediately upon release by the U.S. Customs Service, as well as any persons who acts on behalf of others, as agents or brokers, to secure the release of honey or honey products from the U.S. Customs Serv… | |||||
| 7:7:10.1.1.1.7.2.129.3 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.102 Voting. | AMS | (a) Each eligible first handler and eligible importer of honey or honey products shall be entitled to cast only one ballot in the referendum. (b) Proxy voting is not authorized, but an officer or employee of an eligible corporate first handler or importer, or an administrator, executor, or trustee or an eligible entity may cast a ballot on behalf of such entity. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible entity, or an administrator, executive, or trustee of an eligible entity and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority. (c) All ballots are to be cast by mail, as instructed by the Department. | |||||
| 7:7:10.1.1.1.7.2.129.4 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.103 Instructions. | AMS | (a) Referenda. The Order shall not become effective unless the Department determines that the Order is consistent with and will effectuate the purposes of the Act; and for initial and subsequent referenda the Order is favored by a majority of eligible persons voting in the referendum and a majority of volume voting in the referendum who, during a representative period determined by the Department, have been engaged in the handling or importation of honey or honey products and are subject to assessments under this Order and excluding those exempt from assessment under the Order. (b) The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions of this subpart, to govern the procedure to be followed by the referendum agent. Such agent shall: (1) Determine the period during which ballots may be cast. (2) Provide ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter. (3) Give reasonable public notice of the referendum: (i) 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 (ii) By such other means as the agent may deem advisable. (4) Mail to eligible first handlers 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 proposed Order. No person who claims to be eligible to vote shall be refused a ballot. (5) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in t… | |||||
| 7:7:10.1.1.1.7.2.129.5 | 7 | Agriculture | XI | 1212 | PART 1212—HONEY PACKERS AND IMPORTERS RESEARCH, PROMOTION, CONSUMER EDUCATION AND INDUSTRY INFORMATION ORDER | B | Subpart B—Referendum Procedures | § 1212.104 Subagents. | AMS | The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions of this subpart. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent. |
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