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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
14:14:5.0.1.1.15.2.1.1 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.4 Subpart 1214.4—International Space Station Crew   § 1214.400 Scope. NASA       (a) This subpart sets forth policy and procedures with respect to International Space Station crewmembers provided by NASA for flight to the International Space Station. (b) In order to provide for the safe operation, maintenance of order, and proper conduct of crew aboard the International Space Station, the January 29, 1998, Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Cooperation on the Civil International Space Station (hereinafter Agreement), which establishes and governs the International Space Station, requires the development and approval of a Code of Conduct for International Space Station crew. Pursuant to Article 11 of the Agreement, each International Space Station partner is obliged to ensure that crewmembers which it provides observe the Code of Conduct.
14:14:5.0.1.1.15.2.1.2 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.4 Subpart 1214.4—International Space Station Crew   § 1214.401 Applicability. NASA       This subpart applies to all persons provided by NASA for flight to the International Space Station, including U.S. Government employees, uniformed members of the Armed Services, U.S. citizens who are not employees of the U.S. Government, and foreign nationals.
14:14:5.0.1.1.15.2.1.3 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.4 Subpart 1214.4—International Space Station Crew   § 1214.402 International Space Station crewmember responsibilities. NASA       (a) All NASA-provided International Space Station crewmembers are subject to specified standards of conduct, including those prescribed in the Code of Conduct for the International Space Station Crew, set forth as § 1214.403. NASA-provided International Space Station crew members may be subject to additional standards and requirements, as determined by NASA, which will be made available to those NASA-provided crewmembers, as appropriate. (1) NASA-provided International Space Station crewmembers who are not citizens of the United States will be required to enter into an agreement with NASA in which they agree to comply with specified standards of conduct, including those prescribed in the Code of Conduct for the International Space Station Crew (§ 1214.403). Any such agreement will be signed on behalf of NASA by the NASA General Counsel or designee. (2) NASA-provided International Space Station crewmembers who are citizens of the United States but are not employees of the U.S. Government will be required to enter into an agreement with NASA in which they agree to comply with specified standards of conduct, including those prescribed in the Code of Conduct for the International Space Station Crew (§ 1214.403). Any such agreement will be signed on behalf of NASA by the NASA General Counsel or designee. (3) NASA-provided International Space Station crewmembers who are employed by a branch, department, or agency of the U.S. Government may, as determined by the NASA General Counsel, be required to enter into an agreement with NASA to comply with specified standards of conduct, including those prescribed in the Code of Conduct for the International Space Station Crew (§ 1214.403). Any such agreement will be signed on behalf of NASA by the NASA General Counsel or designee. (b) All NASA-provided personnel on board the International Space Station are additionally subject to the authority of the International Space Station Commander and shall comply with Commander's orders and directions.
14:14:5.0.1.1.15.2.1.4 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.4 Subpart 1214.4—International Space Station Crew   § 1214.403 Code of Conduct for the International Space Station Crew. NASA       The Code of Conduct for the International Space Station Crew, which sets forth minimum standards for NASA-provided International Space Station crewmembers, is as follows: Code of Conduct for the International Space Station Crew I. Introduction A. Authority This Code of Conduct for the International Space Station (ISS) crew, hereinafter referred to as Crew Code of Conduct (CCOC), is established pursuant to: (1) Article 11 (Crew) of the intergovernmental Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America Concerning Cooperation on the Civil International Space Station (the IGA) signed by the Partner States on January 29, 1998; and (2) Article 11 (Space Station Crew) of the Memoranda of Understanding between, respectively, the National Aeronautics and Space Administration of the United States of America (NASA) and the Canadian Space Agency (CSA), NASA and the European Space Agency (ESA), NASA and the Government of Japan (GOJ), and NASA and the Russian Space Agency (RSA) Concerning Cooperation on the Civil International Space Station (the MOU's), which require, inter alia, that the crew Code of Conduct be developed by the partners. B. Scope and Content The partners have developed and approved this CCOC to: establish a clear chain of command on-orbit; establish a clear relationship between ground and on-orbit management; and establish a management hierarchy; set forth standards for work and activities in space, and, as appropriate, on the ground; establish responsibilities with respect to elements and equipment; set forth disciplinary regulations; establish physical and information security guidelines; and define the ISS Commander's authority and responsibility, on behalf of all the partners, to enforce safety procedures, physical and information security procedures and crew rescue procedures for the ISS. This CCOC and the di…
14:14:5.0.1.1.15.2.1.5 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.4 Subpart 1214.4—International Space Station Crew   § 1214.404 Violations. NASA       This subpart is a regulation within the meaning of 18 U.S.C. 799, and whoever willfully violates, attempts to violate, or conspires to violate any provision of this subpart or any order or direction issued under this subpart may be cited for violating title 18 of the U.S. Code and could be fined or imprisoned not more than 1 year, or both.
14:14:5.0.1.1.15.4.1.1 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.600 Scope. NASA       This subpart establishes policy and procedures for carrying mementos on the NASA missions, with the exception of mementos and personal effects carried onboard the International Space Station (ISS).
14:14:5.0.1.1.15.4.1.10 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.610 Violations. NASA       Any items carried in violation of the requirements of this subpart shall become property of the U.S. Government, subject to applicable Federal laws and regulations, and the violator may be subject to disciplinary action, including being permanently prohibited from use of, or if an individual, from flying aboard a NASA mission.
14:14:5.0.1.1.15.4.1.2 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.601 Definitions. NASA       Mementos. Flags, patches, insignia, medallions, minor graphics, and similar items of little commercial value, especially suited for display by the individuals or groups to whom they have been presented.
14:14:5.0.1.1.15.4.1.3 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.602 Policy. NASA       Premise. Mementos are welcome aboard NASA missions. However, they are flown as a courtesy—not as an entitlement. All mementos must be approved by the Associate Administrator for Human Exploration and Operations and are stowed only in an Official Flight Kit (OFK) or Personal Preference Kit (PPK). (a) Economic gain. Items carried in an OFK or a PPK will not be sold, transferred for sale, used or transferred for personal gain, or used or transferred for any commercial or fund-raising purpose. Items such as philatelic materials and coins that, by their nature, lend themselves to exploitation by the recipients, or create problems with respect to good taste; or that are large, bulky, or heavy items will not be approved for flight. (b) [Reserved]
14:14:5.0.1.1.15.4.1.4 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.603 Official Flight Kit. NASA       (a) Purpose. The Official Flight Kit (OFK) on a particular mission allows NASA, and other domestic and friendly foreign countries' organizations with NASA approval, to utilize mementos as awards and commendations or preserve them in museums or archives. No personal items will be carried in the OFK. (b) Approval of contents. At least 120 days prior to the scheduled launch of a particular mission, an authorized representative of each organization desiring mementos to be carried on a flight in the OFK must submit a letter or request describing the item(s) to be flown and the intended purpose or distribution. Letters should be directed to the Associate Administrator for Human Exploration and Operations, NASA Headquarters, Washington DC 20546.
14:14:5.0.1.1.15.4.1.5 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.604 Personal Preference Kit. NASA       (a) Purpose. The Personal Preference Kit (PPK) enables persons on a particular mission to carry personal items for use as mementos. Only those individuals actually accompanying such flights may request authorization to carry personal items as mementos. (b) Approval of content. At least 60 days prior to the scheduled launch of a particular mission, each person assigned to the flight who desires to carry items in a PPK must submit a proposed list of items and their recipients to the Associate Director, NASA Johnson Space Center. The Associate Director will review the proposed list of items and, if approved, submit the crew members' PPK lists through supervisory channels to the Associate Administrator for Human Exploration and Operations for approval. A signed copy of approval from the Associate Administrator for Human Exploration and Operations will be returned to the Director, NASA Johnson Space Center, for distribution.
14:14:5.0.1.1.15.4.1.6 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.605-1214.606 [Reserved] NASA        
14:14:5.0.1.1.15.4.1.7 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.607 Media and public inquiries. NASA       Information on mementos flown on a particular mission will be routinely released by the Associate Administrator of the Office of Communications to the media and to the public upon their request, but only after they have been approved for flight.
14:14:5.0.1.1.15.4.1.8 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.608 [Reserved] NASA        
14:14:5.0.1.1.15.4.1.9 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.6 Subpart 1214.6—Mementos Aboard NASA Missions   § 1214.609 Loss or Theft. NASA       (a) Liability. Neither NASA nor the U.S. Government will be liable for the loss or theft of, or damage to, items carried in OFKs or PPKs. (b) Report of loss or theft. Any person who learns that an item contained in an OFK or a PPK is missing shall immediately report the loss to the Johnson Space Center Security Office and the NASA Inspector General.
14:14:5.0.1.1.15.5.1.1 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.7 Subpart 1214.7—The Authority of the NASA Commander   § 1214.700 Scope. NASA       This subpart establishes the authority of the NASA Commander of a NASA mission, excluding missions related to the ISS and activities licensed under Title 51 U.S.C. Chapter 509, to enforce order and discipline during a mission and to take whatever action in his/her judgment is reasonable and necessary for the protection, safety, and well-being of all personnel and on-board equipment, including the spacecraft and payloads. During the final launch countdown, following crew ingress, the NASA Commander has the authority to enforce order and discipline among all on-board personnel. During emergency situations prior to liftoff, the NASA Commander has the authority to take whatever action in his/her judgment is necessary for the protection or security, safety, and well-being of all personnel on board.
14:14:5.0.1.1.15.5.1.2 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.7 Subpart 1214.7—The Authority of the NASA Commander   § 1214.701 Definitions. NASA       (a) The flight crew consists of the NASA Commander, astronaut crew members, and [any] other persons aboard the spacecraft. (b) A mission is the period including the flight-phases from launch to landing on the surface of the Earth—a single round trip. (In the case of a forced landing, the NASA Commander's authority continues until a competent authority takes over the responsibility for the persons and property aboard). (c) The flight-phases consist of launch, in orbit/transit, extraterrestrial mission, deorbit, entry, and landing, and post-landing back on Earth. (d) A payload is a specific complement of instruments, space equipment, and support hardware/software carried into space to accomplish a scientific mission or discrete activity.
14:14:5.0.1.1.15.5.1.3 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.7 Subpart 1214.7—The Authority of the NASA Commander   § 1214.702 Authority and responsibility of the NASA Commander. NASA       (a) During all flight phases, the NASA Commander shall have the absolute authority to take whatever action is in his/her discretion necessary to: (1) Enhance order and discipline. (2) Provide for the safety and well-being of all personnel on board. (3) Provide for the protection of the spacecraft and payloads. The NASA Commander shall have authority, throughout the mission, to use any reasonable and necessary means, including the use of physical force, to achieve this end. (b) The authority of the NASA Commander extends to any and all personnel on board the spacecraft including Federal officers and employees and all other persons whether or not they are U.S. nationals. (c) The authority of the NASA Commander extends to all spaceflight elements, payloads, and activities originating with or defined to be a part of the NASA mission. (d) The NASA Commander may, when he/she deems such action to be necessary for the safety of the spacecraft and personnel on board, subject any of the personnel on board to such restraint as the circumstances require until such time as delivery of such individual or individuals to the proper authorities is possible.
14:14:5.0.1.1.15.5.1.4 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.7 Subpart 1214.7—The Authority of the NASA Commander   § 1214.703 Chain of command. NASA       (a) The NASA Commander is a trained NASA astronaut who has been designated to serve as commander on a NASA mission and who shall have the authority described in § 1214.702 of this part. Under normal flight conditions (other than emergencies or when otherwise designated) the NASA Commander is responsible to the Mission Flight Director. (b) Before each flight, the other flight crewmembers will be designated in the order in which they will assume the authority of the NASA Commander under this subpart in the event that the NASA Commander is not able to carry out his/her duties. (c) The determinations, if any, that a crewmember in the chain of command is not able to carry out his or her command duties and is, therefore, to be relieved of command, and that another crewmember in the chain of command is to succeed to the authority of the NASA Commander, will be made by the NASA Administrator or his/her designee.
14:14:5.0.1.1.15.5.1.5 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.7 Subpart 1214.7—The Authority of the NASA Commander   § 1214.704 Violations. NASA       (a) All personnel on board the NASA mission are subject to the authority of the NASA Commander and shall conform to his/her orders and direction as authorized by this subpart. (b) This subpart is a regulation within the meaning of 18 U.S.C. 799, and whoever willfully violates, attempts to violate, or conspires to violate any provision of this subpart or any order or direction issued under this subpart shall be subject to fines and imprisonment, as specified by law.
14:14:5.0.1.1.15.7.1.1 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1100 Scope. NASA       It is NASA policy to maintain an integrated Astronaut Corps. This subpart 1214.11 sets forth NASA procedures and assigns responsibilities for recruitment and selection of astronaut candidates. It applies to all pilot and mission specialist astronaut candidate selection activities conducted by the National Aeronautics and Space Administration.
14:14:5.0.1.1.15.7.1.2 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1101 Announcement. NASA     [54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003] (a) Astronaut candidate opportunities Will be announced nationwide and publicized periodically unless specifically canceled by NASA. (b) Civilian applicants may apply at any time. (c) Military personnel on active duty must apply through and be nominated by the military service with which they are affiliated. Military nominees will not be part of the continuing pool of applicants. The military services will convene their internal selection boards and provide nominees to NASA. The military nominees will be evaluated by NASA and the military services will be notified promptly of those nominees who are finalists. (d) The Assistant Administrator for Equal Opportunity Programs, NASA Headquarters, will provide assistance in the recruiting process.
14:14:5.0.1.1.15.7.1.3 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1102 Evaluation of applications. NASA     [54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003] (a) All incoming applications will be reviewed to determine whether or not applicants meet basic qualifications. Those not meeting the basic qualification requirements will be so notified and will not be eligible for further consideration. Those meeting the basic qualification requirements will have their applications retained for review by a designated rating panel. (b) A rating panel composed of discipline experts will review and rate qualified applicants as “Qualified” or “Highly Qualified.” (c) Efforts will be made to ensure that minorities and females are included among these discipline experts on the rating panel. (d) The criteria for each level will be developed and will serve as the basis for the ratings. The evaluation will be based on the quality of the individual's academic background and experience and the extent to which the individual's academic achievements, experience, and special qualifications relate to the astronaut candidate position. Reference information on those rated “Highly Qualified” will normally be obtained. This evaluation process will be monitored to ensure adherence to applicable policy, laws, and regulations. (e) Those rated “Highly Qualified” may be required to obtain a Class I or Class II physical. Only medically qualified applicants will be referred for final evaluation and possible interview and selection. Those who are not medically qualified will be so informed and will not be eligible for further consideration.
14:14:5.0.1.1.15.7.1.4 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1103 Application cutoff date. NASA     [54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003] (a) The JSC Director, or designee, is responsible for identifying the need for additional astronaut candidates and for obtaining necessary approval to make selections. (b) Once such approval has been obtained, a cutoff date for the acceptance of applications will be established. Applications received after the date of the request will be maintained and processed for the next selection.
14:14:5.0.1.1.15.7.1.5 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1104 Evaluation and ranking of highly qualified candidates. NASA     [54 FR 37940, Sept. 14, 1989, as amended at 68 FR 19948, Apr. 23, 2003] (a) A selection board consisting of discipline experts, and such other persons as appropriate, will further evaluate and rank the “Highly Qualified” applicants. (b) Efforts will be made to assure that minorities and females are included on this board. (c) The “Highly Qualified” applicants who are determined to be the “Best Qualified” will be invited to the Johnson Space Center for an interview, orientation, and detailed medical evaluation. (d) Background investigations will normally be initiated on those applicants rated “Best Qualified.”
14:14:5.0.1.1.15.7.1.6 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1105 Final ranking. NASA       Final rankings will be based on a combination of the selection board's initial evaluations and the results of the interview process. Veteran's preference will be included in this final ranking in accordance with applicable regulations.
14:14:5.0.1.1.15.7.1.7 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1106 Selection of astronaut candidates. NASA       The selection board will recommend to the JSC Director its selection of candidates from among those finalists who are medically qualified. The number and names of candidates selected to be added to the corps will be approved, as required, by JSC/ NASA management and the Associate Administrator for Space Flight, prior to notifying the individuals or the public.
14:14:5.0.1.1.15.7.1.8 14 Aeronautics and Space V   1214 PART 1214—SPACE FLIGHT 1214.11 Subpart 1214.11—NASA Astronaut Candidate Recruitment and Selection Program   § 1214.1107 Notification. NASA       Selectees and the appropriate military services will be notified and the public informed. All unsuccessful qualified applicants will be notified of nonselection and given the opportunity to update their applications and indicate their desire to receive consideration for future selections.
7:7:10.1.1.1.8.1.135.1 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.1 Act. AMS       Act means the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-7425), and any amendments thereto.
7:7:10.1.1.1.8.1.135.10 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.10 Information. AMS       Information means information, program, and activities that are designed to increase efficiency in processing, enhance the development of new markets and marketing strategies, increase market efficiency, and enhance the image of Christmas trees and the Christmas tree industry in the United States.
7:7:10.1.1.1.8.1.135.11 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.11 Marketing. AMS       Marketing means to sell or otherwise dispose of Christmas trees in interstate, foreign or intrastate commerce.
7:7:10.1.1.1.8.1.135.12 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.12 Order. AMS       Order means an order issued by the Secretary under section 514 of the Act that provides for a program of generic promotion, research, and information regarding agricultural commodities authorized under the Act.
7:7:10.1.1.1.8.1.135.13 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.13 Part and subpart. AMS       Part means the Christmas Tree Promotion, Research, and Information Order and all rules, regulations, and supplemental orders issued pursuant to the Act and the Order. The Order shall be a subpart of such part.
7:7:10.1.1.1.8.1.135.14 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.14 Person. AMS       Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.
7:7:10.1.1.1.8.1.135.15 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.15 Programs, plans and projects. AMS       Programs, plans and projects mean those research, promotion and information programs, plans, or projects established pursuant to this Order.
7:7:10.1.1.1.8.1.135.16 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.16 Produce. AMS       Produce means to engage in the cutting and selling of Christmas trees for the holiday market.
7:7:10.1.1.1.8.1.135.17 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.17 Producer. AMS     [91 FR 11138, Mar. 9, 2026] Producer means any person who is engaged in the production of Christmas trees in the United States, and who owns, or shares the ownership and risk of loss in the production of Christmas trees; or a person who is engaged in the business of producing, or causing to be domestically produced, Christmas trees beyond personal use and having value at first point of sale.
7:7:10.1.1.1.8.1.135.18 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.18 Promotion. AMS       Promotion means any action, including paid advertising and public relations that presents a favorable image of Christmas trees to the general public with the intent of improving the perception and competitive position of Christmas trees and stimulating sales of Christmas trees.
7:7:10.1.1.1.8.1.135.19 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.19 Research. AMS       Research means any type of test, systematic study, study, investigation, analysis and/or evaluation designed to advance the image, desirability, use, marketability, quality, product development, or production of Christmas trees, including but not limited to research related to cost of production, market development, testing the effectiveness of market development and promotional efforts, new species of Christmas trees and environmental issues relating to the Christmas tree industry.
7:7:10.1.1.1.8.1.135.2 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.2 Board. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11138, Mar. 9, 2026] Board or the Real Christmas Tree Board means the administrative body established pursuant to § 1214.40.
7:7:10.1.1.1.8.1.135.20 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.20 Secretary. AMS       Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has been delegated, or to whom authority may be delegated, to act in the Secretary's stead.
7:7:10.1.1.1.8.1.135.21 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.21 State. AMS       State means any of the several 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.
7:7:10.1.1.1.8.1.135.22 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.22 Suspend. AMS       Suspend means to issue a rule under section 553 of title 5 U.S.C. to temporarily prevent the operation of an order or part thereof during a particular period of time specified in the rule.
7:7:10.1.1.1.8.1.135.23 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.23 Terminate. AMS       Terminate means to issue a rule under section 553 of title 5 U.S.C. to cancel permanently the operation of an order or part thereof beginning on a certain date specified in the rule.
7:7:10.1.1.1.8.1.135.24 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.24 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.
7:7:10.1.1.1.8.1.135.3 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.3 Christmas tree. AMS       Christmas tree means any tree of the coniferous species, that is severed or cut from its roots and marketed as a Christmas tree for holiday use.
7:7:10.1.1.1.8.1.135.4 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.4 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.
7:7:10.1.1.1.8.1.135.5 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.5 Crop year. AMS     [81 FR 38897, June 15, 2016] Crop year means the period August 1 through July 31 or such other period approved by the Secretary.
7:7:10.1.1.1.8.1.135.6 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.6 Customs or CBP. AMS       Customs or CBP means the United States Customs and Border Protection or U.S. Customs Service, an agency of the United States Department of Homeland Security.
7:7:10.1.1.1.8.1.135.7 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.7 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.
7:7:10.1.1.1.8.1.135.8 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.8 Fiscal period. AMS     [81 FR 38897, June 15, 2016] Fiscal period means the period August 1 through July 31 or such other period approved by the Secretary.
7:7:10.1.1.1.8.1.135.9 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.9 Importer. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11138, Mar. 9, 2026] Importer means any person importing Christmas trees into the United States in a fiscal period as a principal or as an agent, broker, or consignee of any person who produces Christmas trees outside of the United States for sale in the United States, and who is listed in the import records as the importer of record for such Christmas trees.
7:7:10.1.1.1.8.1.136.25 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.40 Establishment and membership. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11138, Mar. 9, 2026] (a) Establishment of the Real Christmas Tree Board. There is hereby established a Real Christmas Tree Board, composed of no more than twelve (12) members as follows: (1) Producer members from each of the following regions: (i) Five producer members from Region #1—Western Region (states from the Pacific Ocean east to the Rocky Mountains): Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and all U.S. Territories located in the Pacific Ocean. (ii) Two producer members from Region #2—Central Region (states east of the Rocky Mountains to the Great Lakes): Arkansas, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Texas, and Wisconsin. (iii) Four producer members from Region #3—Eastern Region (states east of the Great Lakes): Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, DC, West Virginia, and all U.S. Territories located in the Atlantic Ocean and Caribbean Sea, including but not limited to Puerto Rico. (2) One Importer member. (b) Adjustment of membership. At least once every five years upon implementation of the Order, but not more frequently than once every three years, the Board will review the geographic distribution of United States production of Christmas trees and the quantity and source of Christmas tree imports. The review will be conducted through State crop production figures and Board assessment records, including the amount of assessments collected from importers, or other government data. If warranted, the Board will recommend to the Secretary that membership on the Board be altered to reflect any changes in geographic distribution of domestic Christmas tree production and the quantity of imports. Provided, that there shall be at least one importer memb…
7:7:10.1.1.1.8.1.136.26 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.41 Nominations and appointments. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11138, Mar. 9, 2026] (a) Voting for producer members will be made by any means of communication available, electronic or otherwise, provided that votes cast are verifiable and that procedural requirements are met. (b) Nominations for the initial Board will be conducted by the Department. Subsequent nominations will be conducted by the Board. (c) The Board shall outreach to all segments of the Christmas tree industry and solicit nominations as described in paragraphs (d) and (e) of this section. Nominees must domestically produce or import 500 or more Christmas trees during the most recent fiscal period. (d) Nomination of producer members will be conducted by the Board. The Board staff will seek nominations for each vacant producer seat from each region from producers who have paid their assessments to the Board in the most recent fiscal period. Producers who produce Christmas trees in more than one region may seek nomination only in the region in which they produce the majority of their Christmas trees. For selection to the initial Board, the Secretary will notify producers to request nominations to the Board. Subsequent nominations will be submitted to the Board office and placed on a ballot that will be sent to known producers of 500 or more Christmas trees in each region for a vote. Producers who produce Christmas trees in more than one region may only vote in the region in which they produce the majority of their Christmas trees. The nominee receiving the highest number of votes and the nominee receiving the second highest number of votes shall be submitted to the Department as the producers' first and second choice nominees. The Board shall submit nominations to the Secretary not less than 90 days prior to the expiration of the term of office. (e) Nominations for the importer member(s) will be conducted by the Board. The Board will solicit importer nominations from those importers who have paid their assessments to the Board in the most recent fiscal period. Nominees that are both a producer and an importer may seek nominati…
7:7:10.1.1.1.8.1.136.27 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.42 Term of office. AMS       Board members will serve for a term of three years and be able to serve a maximum of two consecutive three-year terms. When the Board is first established, the members will be assigned initial terms of two, three, and four years. Initial terms will be staggered to assure continuity of the Board. The term of office will begin on January 1 and conclude on December 31. Members serving the initial term of two and four years will be eligible to serve a second term of three-years. Thereafter, each of the positions will carry a full three-year term. Board members shall serve during the term of office for which they have been appointed and qualified, and until their successors are appointed and have qualified.
7:7:10.1.1.1.8.1.136.28 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.43 Vacancies. AMS       (a) In the event that any member of the Board ceases to be a member of the category of membership from which the member was appointed to the Board, such position shall automatically become vacant. (b) If a member of the Board consistently refuses to perform the duties of a member of the Board, or if a member of the Board engages in acts of dishonesty or willful misconduct, the Board may recommend to the Secretary that the member be removed from office. If the Secretary finds the recommendation of the Board shows adequate cause, the Secretary may remove such member from office. Further, without recommendation of the Board, a member may be removed by the Secretary upon showing of adequate cause, including the failure by a member to submit reports or remit assessments required under this part, if the Secretary determines that such member's continued service would be detrimental to the achievement of the purposes of the Act. (c) Should any member position become vacant, successors for the unexpired terms of such member shall be appointed in the manner specified in § 1214.41. A vacancy will not be required to be filled if the unexpired term is less than six months.
7:7:10.1.1.1.8.1.136.29 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.44 Procedure. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11138, Mar. 9, 2026] (a) At a Board meeting, it will be considered a quorum when a majority of the Board members is present. (b) All Board members will receive a minimum of 7 days advance notice of all Board and committee meetings, except when emergency circumstances exist and meetings need to be held prior to the advance notice. (c) Each member of the Board will be entitled to one vote on any matter put to the Board. For any action of the Board to pass, at least a majority of the Board members present and voting must vote in support of such action. (d) The Board may appoint committees as necessary. It will be considered a quorum at a committee meeting when at least a majority of those appointed to the committee are present. Committees may consist of persons other than Board members, and such persons may vote in committee meetings as the Board shall determine. These committee members shall serve without compensation, but shall be reimbursed for reasonable travel expenses, as approved by the Board. (e) The Board may conduct meetings by any means of communication available, electronic or otherwise, that effectively assembles members and the public and facilitates open communication. (f) There shall be no voting by proxy. (g) The chairperson shall be a voting member.
7:7:10.1.1.1.8.1.136.30 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.45 Compensation and reimbursement. AMS       The members of the Board shall serve without compensation but shall be reimbursed for reasonable travel expenses, as approved by the Board, incurred by them in the performance of their duties as Board members.
7:7:10.1.1.1.8.1.136.31 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.46 Powers and duties. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11138, Mar. 9, 2026] The Board shall have the following powers and duties: (a) To administer the Order in accordance with its terms and conditions and to collect assessments; (b) To develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the Board, and such rules as may be necessary to administer the Order, including activities authorized to be carried out under the Order; (c) To meet, organize, and select from among the members of the Board a chairperson, other officers, committees, and subcommittees, as the Board determines to be appropriate, provided that the committee and subcommittee members may also include individuals other than Board members; (d) To notify producers and importers of all Board meetings through press releases or other means; (e) To give the Secretary the same notice of meetings of the Board and committees as is given to members, including committee members if committee members are not members of the Board, in order that the Secretary's representative(s) may attend such meetings, and to keep and report minutes of each meeting of the Board and all committees to the Secretary; (f) To appoint and convene, from time to time, committees that may include importers, exporters, producers or other members of the Christmas tree industry and public to assist in the development of research, promotion, advertising, and information programs for Christmas trees; (g) To employ persons, other than members, as the Board considers necessary to assist the Board in carrying out its duties and to determine the compensation and specify the duties of such persons; (h) To act as an intermediary between the Secretary and any producer or importer; (i) To furnish to the Secretary any information or records that the Secretary may request; (j) To receive, investigate, and report to the Secretary complaints of violations of the Order; (k) To maintain such records and books and prepare and submit such reports and records from time to time to the Secretary as the Secretary may requir…
7:7:10.1.1.1.8.1.136.32 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.47 Prohibited activities. AMS       The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: (a) Any action that would be a conflict of interest; (b) Using funds collected by the Board under the Order to undertake any action for the purpose of influencing legislation or governmental action or policy, by local, state, national, and foreign governments or any subdivision thereof, other than recommending to the Secretary amendments to the Order; and (c) No program, plan, or project including advertising shall be false or misleading or disparaging to another agricultural commodity. Christmas trees of all origins shall be treated equally.
7:7:10.1.1.1.8.1.137.33 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.50 Budget and expenses. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11139, Mar. 9, 2026] (a) No more than 90 days or less than 60 days prior to the fiscal period, and as may be necessary thereafter, the Board shall prepare and submit to the Secretary a budget for the fiscal period covering its anticipated expenses and disbursements in administering this part. Each 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 part. (c) Subject to this section, any amendment or addition to an approved budget must be approved by the Secretary, including shifting funds from one program, plan, or project to another. (d) The Board is authorized to incur such expenses, including provision for a reserve, as the Secretary finds are reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this part. Such expenses shall be paid from funds received by the Board. (e) With approval of the Secretary, the Board may borrow money for the payment of administrative expenses, subject to the same fiscal, budget, and audit controls as other funds of the Board. Any such funds borrowed by the Board shall be expended for startup costs and are limited to the first year of operation of the Board. (f) The Board may accept voluntary contributions, but these shall only be used to pay expenses incurred in the conduct of programs, plans, and projects approved by the Secretary. Such contributions shall be free from any encumbrance by the donor and the Board shall retain complete control of their us…
7:7:10.1.1.1.8.1.137.34 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.51 Financial statements. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11139, Mar. 9, 2026] (a) The Board shall prepare and submit financial statements to the Secretary on a periodic basis, or at any other time requested by the Secretary. Each such financial statement shall include, but not be limited to, a balance sheet, income statement, and expense budget. The expense budget shall show expenditures during the time period covered by the report, year-to-date expenditures, and the unexpended budget. (b) Each financial statement shall be submitted to the Secretary within 45 days after the end of the time period to which it applies. (c) The Board shall submit annually to the Secretary an annual financial statement within 180 days after the end of the fiscal period to which it applies.
7:7:10.1.1.1.8.1.137.35 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.52 Assessments. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11139, Mar. 9, 2026] (a) The funds to cover the Board's expenses shall be paid from assessments on producers, importers, and donations from any person including those not subject to assessments under this Order, and other funds available to the Board including those collected pursuant to § 1214.62 and subject to the limitations contained therein. (b) The payment of assessments on domestic Christmas trees that are cut and sold will be the responsibility of the producer, as defined in §§ 1214.14 and 1214.17. (c) Each importer of Christmas trees shall pay the assessment to the Board on Christmas trees imported for marketing in the United States, through Customs. If Customs does not collect an assessment from an importer, the importer will be responsible for paying the assessment directly to the Board in accordance with paragraph (e) of this section. (1) The assessment rate for imported Christmas trees shall be the same or equivalent to the rate for Christmas trees domestically produced in the United States. (2) The import assessment shall be uniformly applied to imported Christmas trees that are identified by the numbers 0604.20.00.20, 0604.20.00.40, and 0604.20.00.60 in the Harmonized Tariff Schedule of the United States or any other numbers used to identify Christmas trees in that schedule. (3) If collected by Customs, the assessments due on imported Christmas trees shall be paid when the Christmas trees enter into the United States. (d) Such assessments shall be levied at an initial rate of 15 cents per Christmas tree domestically produced or imported into the United States. The assessment rate will be reviewed by the Board, after the initial referendum is conducted pursuant to this subpart. The assessment rate may be increased or decreased no more than 2 cents per Christmas tree during the fiscal period. Any change in the assessment rate shall be subject to rulemaking by the Department. The assessment rate shall not exceed 20 cents per Christmas tree, nor shall it be less than 10 cents per Christmas tree, unless a majority of …
7:7:10.1.1.1.8.1.137.36 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.53 Exemption from and refunds of assessments. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 80 FR 82028, Dec. 31, 2015; 91 FR 11139, Mar. 9, 2026] (a) Producers that domestically produce and importers that import less than 500 Christmas trees. (1) Any producer who domestically produces less than 500 Christmas trees who desires to claim an exemption from assessments as provided in § 1214.52 shall file an application on a form provided by the Board, for a certificate of exemption. Such producer shall certify that he/she will domestically produce less than 500 trees for the fiscal period for which the exemption is claimed. It is the responsibility of the producer to retain a copy of the certificate of exemption. (2) Any importer who imports less than 500 trees in a fiscal period who desires to claim an exemption from assessments as provided in § 1214.52 shall file an application on a form provided by the Board, for a certificate of exemption. Such importer shall certify that the importer's total imports of Christmas trees are fewer than 500 trees for the fiscal period for which the exemption is claimed. It is the responsibility of the importer to retain a copy of the certificate of exemption. (3) On receipt of an exemption application, the Board shall determine whether an exemption may be granted. The Board will then issue, if deemed appropriate, a certificate of exemption to the producer or importer which is eligible to receive one. (4) The Board, with the Secretary's approval, may require persons receiving an exemption from assessments to provide to the Board reports on the disposition of exempt Christmas trees and, in the case of importers, proof of payment of assessments. (5) The exemption will apply immediately following the issuance of the certificate of exemption. (6) Producers and importers who received an exemption certificate from the Board but domestically produced or imported 500 or more Christmas trees during the fiscal period shall pay the Board the applicable assessments owed and submit any necessary reports to the Board pursuant to § 1214.70. (7) Importers who did not apply to the Board for an exemption and imported less than 500 Christ…
7:7:10.1.1.1.8.1.137.37 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.54 Refund escrow accounts. AMS       (a) The Board shall establish an interest bearing escrow account with a financial institution that is a member of the Federal Reserve System and will deposit into such account an amount equal to 10 percent of the assessments collected during the period beginning on the effective date of the Order and ending on the date the Secretary announces the results of the required referendum. (b) If the Order is not approved by the required referendum, the Board shall promptly pay refunds of assessments to all producers and importers that have paid assessments during the period beginning on the effective date of the Order and ending on the date the Secretary announces the results of the required referendum in the manner specified in paragraph (c) of this section. (c) If the amount deposited in the escrow account is less than the amount of all refunds that producers and importers subject to the Order have a right to receive, the Board shall prorate the amount deposited in such account among all producers and importers who desire a refund of assessments paid no later than 90 days after the required referendum results are announced by the Secretary. (d) Any producer or importer requesting a refund shall submit an application on the prescribed form to the Board within 30 days after the announcement of the referendum results of their request for a refund of the assessments that they paid. The producers and importer requesting a refund shall also submit documentation to substantiate that assessments were paid. Any such demand shall be made by such producer or importer in accordance with the provisions of this subpart and in a manner consistent with regulations recommended by the Board and prescribed by the Secretary. (e) If the Order is approved by the required referendum conducted under § 1214.71 then: (1) The escrow account shall be closed; and, (2) The funds shall be available to the Board for disbursement under § 1214.50.
7:7:10.1.1.1.8.1.138.38 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.60 Programs, plans, and projects. AMS       (a) The Board shall receive and evaluate, or on its own initiative, develop and submit to the Secretary for approval any program, plan, or project authorized under this subpart. Such programs, plans, or projects shall provide for: (1) The establishment, issuance, effectuation, and administration of appropriate programs for promotion, research, and information, including producer and consumer industry information, with respect to Christmas trees; (2) The establishment and conduct of research with respect to the image, desirability, use, marketability, quality, product development or production of Christmas trees, to the end that the marketing and use of Christmas trees may be encouraged, expanded, improved, or made more acceptable and to advance the image, desirability, or quality of Christmas trees. (b) A program, plan, or project may not be implemented prior to approval of the program, plan, or project by the Secretary. Once a program, plan, or project is so approved, the Board shall take appropriate steps to implement it. (c) Each program, plan, or project implemented under this subpart shall be reviewed or evaluated periodically by the Board to ensure that it contributes to an effective program of promotion, research, or information. If it is found by the Board that any such program, plan, or project does not contribute to an effective program of promotion, research, or information, then the Board shall terminate such program, plan, or project.
7:7:10.1.1.1.8.1.138.39 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.61 Independent evaluation. AMS       The Board shall, not less often than once every five years, authorize and fund, from funds otherwise available to the Board, an independent evaluation of the effectiveness of the Order and programs conducted by the Board pursuant to the Act. The Board shall submit to the Secretary, and make available to the public, the results of each periodic independent evaluation conducted under this paragraph.
7:7:10.1.1.1.8.1.138.40 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.62 Patents, copyrights, trademarks, information, publications, and product formulations. AMS       Patents, copyrights, trademarks, information, publications, and product formulations developed through the use of funds received by the Board under this subpart shall be the property of the U.S. Government as represented by the Board and shall, along with any rents, royalties, residual payments, or other income from the rental, sales, leasing, franchising, or other uses of such patents, copyrights, trademarks, information, publications, or product formulations, inure to the benefit of the Board, shall be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board, and may be licensed subject to approval by the Secretary. Upon termination of this subpart, § 1214.83 shall apply to determine disposition of all such property.
7:7:10.1.1.1.8.1.139.41 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.70 Reports. AMS       (a) Each producer and importer subject to this subpart shall be required to provide to the Board periodically such information as required by the Board, with the approval of the Secretary, which may include but not be limited to the following: (1) Number of trees produced or total imports; (2) Number of Christmas trees on which an assessment was paid; (3) Name and address of producer or importer; and (4) Date assessment was paid on each Christmas tree produced or imported. (b) All reports required under § 1214.70 are due to the Board by February 15 of the crop year. (c) This report shall accompany the payment of the collected assessments.
7:7:10.1.1.1.8.1.139.42 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.71 Books and records. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11139, Mar. 9, 2026] Each producer and importer subject to this subpart, including those who are exempt under this subpart, shall maintain any books and records necessary to carry out the provisions of this subpart and the regulations issued thereunder, including such records as are necessary to verify any reports required. Such books and records must be made available during normal business hours for inspection by the Board's or Secretary's employees or agents. Such records shall be retained for at least fiveyears beyond the fiscal period of their applicability.
7:7:10.1.1.1.8.1.139.43 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.72 Confidential treatment. AMS       All information obtained from books, records, or reports under the Act, this subpart, and the regulations issued thereunder shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members, producers, 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 therefrom, which statements do not identify the information furnished by any person; and (b) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this subpart, together with a statement of the particular provisions of this subpart violated by such person.
7:7:10.1.1.1.8.1.140.44 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.80 Right of the Secretary. AMS       All fiscal matters, programs, plans, or projects, rules or regulations, contracts, reports, or other substantive actions proposed or prepared by the Board shall be submitted to the Secretary for approval.
7:7:10.1.1.1.8.1.140.45 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.81 Referenda. AMS       (a) Required referendum. For the purpose of ascertaining whether the persons subject to this Order favor the amendment, continuation, suspension, amendment, or termination of this Order, the Secretary shall conduct a referendum among persons subject to assessments under § 1214.52 who, during a representative period determined by the Secretary, have engaged in the production or importation of Christmas trees: (1) The first referendum shall be conducted not later than 3 years after assessments first begin under the Order; (2) The order will be approved in a referendum if: (i) A majority of producers and importers vote for approval in the referendum. (b) Subsequent referenda. The Secretary shall conduct subsequent referenda: (1) For the purpose of ascertaining whether producers and importers favor the continuation, suspension, or termination of the Order; (2) Every seven years the Secretary shall hold a referendum to determine whether producers and importers of Christmas trees favor the continuation of the Order. The Order shall continue if it is favored by a majority of producers and importers voting for approval in the referendum who have been engaged in the production or importation of Christmas trees; (3) At the request of the Board established in this Order; (4) At the request of 10 percent or more of the number of persons eligible to vote in a referendum as set forth under the Order; or (5) At any time as determined by the Secretary.
7:7:10.1.1.1.8.1.140.46 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.82 Suspension or termination. AMS     [76 FR 69103, Nov. 8, 2011, as amended at 91 FR 11139, Mar. 9, 2026] (a) The Secretary shall suspend or terminate this part or subpart or a provision thereof, if the Secretary finds that the subpart or a provision thereof obstructs or does not tend to effectuate the purpose of the Act, or if the Secretary determines that this subpart or a provision thereof is not favored by a majority of persons voting in a referendum conducted pursuant to the Act. (b) The Secretary shall suspend or terminate this subpart at the end of the fiscal period whenever the Secretary determines that its suspension or termination is favored by a majority of producers and importers voting in a referenda who, during a representative period determined by the Secretary, have been engaged in the production or importation of Christmas trees. (c) If, as a result of a referendum the Secretary determines that this subpart is not approved, the Secretary shall: (1) Not later than one hundred and eighty (180) days after making the determination, suspend or terminate, as the case may be, collection of assessments under this subpart; and (2) As soon as practical, suspend or terminate, as the case may be, activities under this subpart in an orderly manner.
7:7:10.1.1.1.8.1.140.47 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.83 Proceedings after termination. AMS       (a) Upon the termination of this subpart, the Board shall recommend not more than three of its members to the Secretary to serve as trustees for the purpose of liquidating the affairs of the Board. Such persons, upon designation by the Secretary, shall become trustees of all of the funds and property then in the possession or under control of the Board, including claims for any funds unpaid or property not delivered, or any other claim existing at the time of such termination. (b) The said trustees shall: (1) Continue in such capacity until discharged by the Secretary; (2) Carry out the obligations of the Board under any contracts or agreements entered into pursuant to the Order; (3) From time to time account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Board and the trustees, to such person or persons as the Secretary may direct; and (4) Upon request of the Secretary execute such assignments or other instruments necessary and appropriate to vest in such persons title and right to all funds, property and claims vested in the Board or the trustees pursuant to the Order. (c) Any person to whom funds, property or claims have been transferred or delivered pursuant to the Order shall be subject to the same obligations imposed upon the Board and upon the trustees. (d) Any residual funds not required to defray the necessary expenses of liquidation shall be turned over to the Secretary to be disposed of, to the extent practical, to one or more Christmas tree organizations in the United States in the interest of continuing Christmas tree promotion, research, and information programs.
7:7:10.1.1.1.8.1.140.48 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.84 Effect of termination or amendment. AMS       Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant thereto, or the issuance of any amendment to either thereof, shall not: (a) Affect or waive any right, duty, obligation or liability which shall have arisen or which may thereafter arise in connection with any provision of this subpart or any regulation issued thereunder. (b) Release or extinguish any violation of this subpart or any regulation issued thereunder. (c) Affect or impair any rights or remedies of the United States, or of the Secretary or of any other persons, with respect to any such violation.
7:7:10.1.1.1.8.1.140.49 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.85 Personal liability. AMS     [91 FR 11139, Mar. 9, 2026] No member, committee member, agent, or employee of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member, committee member, agent, or employee, except for acts of dishonesty or willful misconduct.
7:7:10.1.1.1.8.1.140.50 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.86 Separability. AMS       If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of this subpart or the applicability thereof to other persons or circumstances shall not be affected thereby.
7:7:10.1.1.1.8.1.140.51 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.87 Amendments. AMS       Amendments to this subpart may be proposed from time to time by the Board or by any interested person affected by the provisions of the Act, including the Secretary.
7:7:10.1.1.1.8.1.140.52 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER A Subpart A—Christmas Tree Promotion, Research, and Information Order   § 1214.88 OMB control numbers. AMS       The control number assigned to the information collection requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control number 0505-0001, and OMB control number 0581-0267 and 0581-0268.
7:7:10.1.1.1.8.2.141.1 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.100 General. AMS       Referenda to determine whether eligible domestic producers and importers of Christmas trees favor the continuance, amendment, suspension, or termination of the Christmas Tree Promotion, Research, and Information Order shall be conducted in accordance with this subpart.
7:7:10.1.1.1.8.2.141.2 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.101 Definitions. AMS     [76 FR 69113, Nov. 8, 2011, as amended at 91 FR 11139, Mar. 9, 2026] Administrator means the Administrator of the Agricultural Marketing Service, with power to 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. Christmas tree means any tree of the coniferous species, that is severed or cut from its roots and marketed as a Christmas tree for holiday use. Customs means the United States Customs and Border Protection or U.S. Customs Service, an agency of the United States Department of Homeland Security. 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. Eligible domestic producer means any person who domestically produces more than 500 Christmas trees annually in the United States, and who: (1) Owns, or shares the ownership and risk of loss in the production of Christmas trees; (2) Rents Christmas tree production land, facilities and/or equipment resulting in the ownership of all or a portion of the Christmas trees domestically produced; (3) Owns Christmas tree production facilities and equipment but does not manage them and, as compensation, obtains the ownership of a portion of the Christmas trees domestically produced; or (4) Is a party in a landlord-tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to domestically produce Christmas trees who share the risk of loss and receive a share of the Christmas trees domestically produced. No other acquisition of legal title to Christmas trees shall be deemed to result in persons becoming eligible domestic producers. Eligible importer means any person importing 500 or more Christmas trees annually into the United States as a principal or as an agent, broker, or consignee of any person who produces or handles Christmas trees outside of the United States for sale in t…
7:7:10.1.1.1.8.2.141.3 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.102 Voting. AMS     [76 FR 69113, Nov. 8, 2011, as amended at 91 FR 11139, Mar. 9, 2026] (a) Each eligible domestic producer and eligible importer of Christmas trees shall be entitled to cast only one ballot in the referendum. However, each domestic producer in a landlord/tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to domestically produce Christmas trees, in which more than one of the parties is a domestic producer or importer, shall be entitled to cast one ballot in the referendum covering only such domestic producer or importer's share of the ownership. (b) Proxy voting is not authorized, but an officer or employee of an eligible corporate domestic producer 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 any means of communication available, electronic or otherwise, as instructed by the Department. (d) Eligible domestic producers or eligible importers may be asked to provide proof of sales or acreage as proof of eligibility to vote in any referendum.
7:7:10.1.1.1.8.2.141.4 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.103 Instructions. AMS       The referendum agent shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions of this subpart, to govern the procedure to be followed by the referendum agent. Such agent shall: (a) Determine the period during which ballots may be cast. (b) Provide ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter. (c) Give reasonable public notice of the referendum: (1) By utilizing available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio; and (2) By such other means as the agent may deem advisable. (d) Mail to eligible domestic producers and importers whose names and addresses are known to the referendum agent, the instructions on voting, a ballot, and a summary of the terms and conditions of the proposed Order. No person who claims to be eligible to vote shall be refused a ballot. (e) At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in the presence of an agent of a third party authorized to monitor the referendum process. (f) Prepare a report on the referendum. (g) Announce the results to the public.
7:7:10.1.1.1.8.2.141.5 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.104 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.
7:7:10.1.1.1.8.2.141.6 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.105 Ballots. AMS       The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, the results of any investigations made with respect thereto, and the disposition thereof. Ballots invalid under this subpart shall not be counted.
7:7:10.1.1.1.8.2.141.7 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.106 Referendum report. AMS       Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to the analysis of the referendum and its results.
7:7:10.1.1.1.8.2.141.8 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.107 Confidential information. AMS       The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the Order and the voter list shall be strictly confidential and shall not be disclosed.
7:7:10.1.1.1.8.2.141.9 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER B Subpart B—Referendum Procedures   § 1214.108 OMB control number. AMS       The control number assigned to the information collection requirement in this subpart 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 0581-0267.
7:7:10.1.1.1.8.3.141.1 7 Agriculture XI   1214 PART 1214—CHRISTMAS TREE PROMOTION, RESEARCH, AND INFORMATION ORDER C Subpart C—Provisions Implementing the Christmas Tree Promotion, Research, and Information Order   § 1214.520 Late payment and interest charges for past due assessments. AMS       (a) A late payment charge shall be imposed on any producer or importer who fails to make timely remittance to the Board of the total assessments for which such producer or importer is liable. The late payment charge will be imposed on any assessments not received within 30 calendar days of the date they are due. This one-time late payment charge shall be $250 and will be increased to $500 after 90 days of delinquency. (b) In addition to the late payment charge, 1.5 percent per month interest on the outstanding balance, including any late payment charge and accrued interest, will be added to any accounts for which payment has not been received by the Board within 30 calendar days after the date the assessments are due. Such interest will continue to accrue monthly until the outstanding balance is paid to the Board.

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