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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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| 14:14:5.0.1.1.16.1.1.1 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.100 General. | NASA | [77 FR 6952, Feb. 10, 2012] | TDRSS represents a major investment by the U.S. Government with the primary goal of providing improved tracking and data acquisition services to spacecraft in low-Earth orbit or to mobile terrestrial users such as aircraft or balloons. It is the objective of NASA to operate as efficiently as possible with TDRSS, is to the mutual benefit of all users. Such user consideration will permit NASA and non-NASA service to be delivered without compromising the mission objectives of any individual user. The reimbursement policy is designed to comply with the Office of Management and Budget Circular A-25 on User Charges, dated September 23, 1959, as updated, which requires that a reasonable charge should be made to each identifiable recipient for a measurable unit or amount of Government service or property from which a special benefit is derived. | ||||
| 14:14:5.0.1.1.16.1.1.10 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.109 Scheduling user service. | NASA | [77 FR 6953, Feb. 10, 2012, as amended at 86 FR 60566, Nov. 3, 2021] | (a) User service shall be scheduled only by NASA. TDRSS services will be provided in accordance with operational priorities established by the NASA Administrator or his/her designee. See Appendix A for a description of a typical user activity timeline. (b) Schedule conflict will be resolved in general by application of principles of priority to user service requirements. Services shall be provided either as normally scheduled service or as emergency service. Priorities will be different for emergency service than for normal services. (1) Normally scheduled service is service which is planned and ordered under normal operational conditions and is subject to schedule conflict resolution under normal service priorities. Requests for normally scheduled service must be received by the schedulers at the GSFC WSC Data Services Management Center (DSMC) no later than 21 days prior to the requested support time. (2) At times, emergency service requirements will override normal schedule priority. Under emergency service conditions, disruptions to scheduled service will occur. (3) The DSMC reserves the sole right to schedule, reschedule, or cancel TDRSS service. (4) NASA schedulers will exercise judgment and endeavor to see that lower-priority users are not excluded from a substantial portion of their contracted-for service due to the requirements of higher-priority users. (c) General user service requirements, which will be used for preliminary planning and mission modeling, should include all pertinent information necessary for NASA to determine if the proposed service is achievable. Contact Near Space Network to discuss usage and requirements. (d) Such user service requirements information typically includes: (1) Date of service initiation. (2) The type of TDRSS services desired (e.g., multiple access, tracking, etc. ), and the frequency and duration of each service. (3) Orbit or trajectory parameters and tracking data requirements. (4) Spacecraft events significant to tracking, telemetry or command requiremen… | ||||
| 14:14:5.0.1.1.16.1.1.11 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.110 User cancellation of all services. | NASA | The user has the right to terminate its service contract with NASA at any time. A user who exercises this right after contracting for service shall pay the charge agreed upon for services previously rendered, and the cost incurred by the Government for support of pre-launch activities, services, and mission documentation not included in that charge. The user will remain responsible for the charges for any services actually provided. | |||||
| 14:14:5.0.1.1.16.1.1.12 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.111 User postponement of service. | NASA | [56 FR 28049, June 19, 1991] | The user may postpone the initiation of contracted service (e.g., user launch date) by delivery of written notification to NASA Headquarters, Code OX. Any delay in the contracted start of service date may affect the quantity of service to be provided due to commitments to other support requirements. Therefore, the validity of previous estimates of predicted support availability may no longer be applicable. | ||||
| 14:14:5.0.1.1.16.1.1.13 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.112 User/NASA contractual arrangement. | NASA | [77 FR 6953, Feb. 10, 2012] | No service shall be provided without an approved agreement. | ||||
| 14:14:5.0.1.1.16.1.1.14 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.113 User charges. | NASA | [77 FR 6953, Feb. 10, 2012] | (a) The user shall reimburse NASA the sum of the charges for standard and mission-unique services. Charges will be based on the service rates applicable at the time of service. (b) For standard services, the user shall be charged only for services rendered, except that if a total cancellation of service occurs, the user shall be charged in accordance with the provisions of § 1215.110. (1) Standard services which are scheduled, and then cancelled by the user less than 72 hours prior to the start of that scheduled service period, will be charged as if the scheduled service actually occurred. (2) The time scheduled by the user project shall include the slew time, set up and/or configuration time, TDRSS contact time, and all other conditions for which TDRSS services were allocated to the user. (3) Charges will be accumulated by the minute, based on the computerized schedule/configuration messages which physically set up TDRSS equipment at the start of a support period and free the equipment for other users at the end of a support period. (c) The user shall reimburse NASA for the costs of any mission-unique services provided by NASA. | ||||
| 14:14:5.0.1.1.16.1.1.15 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.114 Service rates. | NASA | [77 FR 6953, Feb. 10, 2012] | (a) Rates for TDRSS services will be established by the DAA for SCaN. (b) Per-minute rates will reflect TDRSS total return on investment and operational and maintenance costs. (c) The rate per minute by service and type of user is available on the following Web site: https://www.spacecomm.nasa.gov/spacecomm/programs/Space_network.cfm. (d) The per-minute charge for TDRSS service is computed by multiplying the charge per minute for the appropriate service by the number of minutes utilized. | ||||
| 14:14:5.0.1.1.16.1.1.16 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.115 Payment and billing. | NASA | [77 FR 6954, Feb. 10, 2012] | (a) The procedure for billing and payment of standard TDRSS services is as follows: (1) NASA shall be reimbursed by customers in connection with the use of Government property and services provided under an approved reimbursable agreement. Advance payment for services is required. Advance payments shall be scheduled to keep pace with the rate at which NASA anticipates incurring costs. NASA will provide a Customer Budget/Estimate (CBE) for services rendered nominally 60-90 days in advance, or as otherwise agreed, of the first anticipated property use or required service date for each mission. The full cost of the mission shall be paid by the customer not later than 30 days prior to the first anticipated property use or required service date. (2) In some cases, an advance partial payment will be required six—nine months prior to the first anticipated property use or required service date in order for advance planning work and/or travel to take place. The amount of this partial payment and its receipt shall be negotiated on an as-needed basis. Adjustments to the amounts prepaid will be made to the succeeding billings as the actual services are rendered. (3) If the customer fails to make payment by the payment due date, NASA may terminate the agreement and any subagreements for breach of agreement after notice to the customer is given of this breach and failure to cure such breach within a time period established by NASA. (b) Late payments by the user will require the user to pay a late payment charge. | ||||
| 14:14:5.0.1.1.16.1.1.2 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.101 Scope. | NASA | [77 FR 6952, Feb. 10, 2012] | This subpart sets forth the policy governing TDRSS services provided to non-U.S. Government users and the reimbursement for rendering such services. Cooperative missions are not under the purview of this subpart. The arrangements for TDRSS services for cooperative missions will be covered in an agreement, as a consequence of negotiations between NASA and the other concerned party. Any agreement which includes provision for any TDRSS service will require signatory concurrence by the Deputy Associate Administrator for SCaN prior to dedicating SCaN resources for support of a cooperative mission. | ||||
| 14:14:5.0.1.1.16.1.1.3 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.102 Definitions. | NASA | [77 FR 6952, Feb. 10, 2012] | (a) User. Any non-U.S. Government representative or entity that enters into an agreement with NASA to use TDRSS services. (b) TDRSS. TDRSS, including Tracking and Data Relay Satellites (TDRS), WSC, GRGT, and the necessary TDRSS operational areas, interface devices, and NASA communication circuits that unify the above into a functioning system. It specifically excludes the user ground system/TDRSS interface. (c) Bit stream. The electronic signals acquired by TDRSS from the user craft or the user-generated input commands for transmission to the user craft. (d) Scheduling service period. One scheduled contact utilizing a single TDRS, whereby the user, by requesting service, is allotted a block of time for operations between the user satellite and TDRSS. | ||||
| 14:14:5.0.1.1.16.1.1.4 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.103 Services. | NASA | [77 FR 6952, Feb. 10, 2012, as amended at 86 FR 60566, Nov. 3, 2021] | (a) Standard services. These are services which TDRSS is capable of providing to low-Earth orbital user spacecraft or other terrestrial users. Data are delivered to WSC or GRGT. A detailed description of services is provided in the GSFC Near Space Network Users' Guide, 450-NSNUG. Contact the Chief, Commercialization, Innovation, and Synergies, at the address in Section 1215.108(d) to obtain a copy of the NSNUG. (1) Tracking service. (2) Data acquisition service. (3) Command transmission service. (b) Required Support Services. These are support activities that are required to obtain TDRSS services. (1) Prelaunch support planning, analysis, and documentation. (2) Compatibility testing. (3) Prelaunch support for data-flow testing and related activities. (4) User services scheduling. (c) Mission-unique services. Other tracking and data services desired by the user that are beyond the standard and required support services defined above. The associated charges for these services will be identified and assessed on a case-by-case basis. | ||||
| 14:14:5.0.1.1.16.1.1.5 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.104 Apportionment and assignment of services. | NASA | [56 FR 28048, June 19, 1991] | No user may apportion, assign, or otherwise convey to any third party its TDRSS service. Each user may obtain service only through contractual agreement with the Associate Administrator for Space Operations. | ||||
| 14:14:5.0.1.1.16.1.1.6 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.105 Delivery of user data. | NASA | [77 FR 6952, Feb. 10, 2012] | (a) As a standard service, NASA will provide to the user its data from TDRSS in the form of one or more digital or analog bit streams synchronized to associated clock streams at WSC or GRGT. (b) User data-handling requirements beyond WSC or GRGT interface will be provided as a standard service to the user, to the extent that the requirements do not exceed NASA's planned standard communications system. Any additional data transport or handling requirements exceeding NASA's capability will be dealt with as a mission-unique service. (c) No storage of the user data is provided in the standard service. NASA will provide short-term temporary recording of data at WSC in the event of a NASA Integrated Services Network (NISN) link outage. (d) NASA will provide TDRSS services on a “reasonable efforts” basis, and, accordingly, will not be liable for damages of any kind to the user or third parties for any reason, including, but not limited to, failure to provide agreed-to services. The price for TDRSS services does not include a contingency or premium for any potential damages. The user will assume any risk of damages or obtain insurance to protect against any risk. | ||||
| 14:14:5.0.1.1.16.1.1.7 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.106 User command and tracking data. | NASA | [77 FR 6952, Feb. 10, 2012] | (a) User command data shall enter TDRSS via the NISN interface at WSC or GRGT. (b) NASA is required to have knowledge of the user satellite orbital elements to sufficient accuracy to permit TDRSS to establish and maintain acquisition. This can be accomplished in two ways: (1) The user can provide the orbital elements in a NASA format to meet TDRSS operational requirements. (2) The user shall ensure that a sufficient quantity of tracking data is received to permit the determination of the user satellite orbital elements. The Flight Dynamics Facility (FDF) at GSFC will provide the orbit determination service to these users. The charges for this service will be negotiated between the FDF and the user and will be dependent on user requirements. | ||||
| 14:14:5.0.1.1.16.1.1.8 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.107 User data security and frequency authorizations. | NASA | [56 FR 28049, June 19, 1991] | (a) User data security is not provided by the TDRSS. Responsibility for data security resides solely with the user. Users desiring data safeguards shall provide and operate, external to the TDRSS, the necessary equipment or systems to accomplish data security. Any such user provisions must be compatible with data flow through TDRSS and not interfere with other users. (b) All radio frequency authorizations associated with operations pursuant to this directive are the responsibility of the user. If appropriate, authority(ies) must be obtained from the Federal Communications Commission (FCC) for operations consistent with U.S. footnote 303 of the National Table of Frequency Allocations, FCC Rules and Regulations, at 47 CFR 2.106. | ||||
| 14:14:5.0.1.1.16.1.1.9 | 14 | Aeronautics and Space | V | 1215 | PART 1215—TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS) | 1215.1 | Subpart 1215.1—Use and Reimbursement Policy for Non-U.S. Government Users | § 1215.108 Defining user service requirements. | NASA | [77 FR 6953, Feb. 10, 2012, as amended at 86 FR 60566, Nov. 3, 2021] | Potential users should become familiar with TDRSS capabilities and constraints, which are detailed in the NSNUG, as early as possible. This action allows the user to evaluate the trade-offs available among various TDRSS services, spacecraft design, operations planning, and other significant mission parameters. It is recommended that potential users contact the Near Space Network as early as possible for assistance in performing the trade studies. When these evaluations have been completed, and the user desires to use TDRSS, the user should initiate a request for TDRSS service. (a) Initial requests for TDRSS service from non-U.S. Government users shall be addressed to SCaN at NASA Headquarters, as follows: Deputy Associate Administrator: Space Communications and Navigation Division, National Aeronautics and Space Administration, Washington, DC 20546. (b) Upon review and acceptance of the service request, preliminary analyses shall be performed to determine the feasibility of meeting the proposed requirements. (c) If the request is determined to be feasible, the user and SCaN shall negotiate an agreement for provision of the requested services. Acceptance of user requests for TDRSS service is the sole prerogative of NASA. (d) Upon approval of the agreement by both parties, GSFC will be assigned to produce the detailed requirements, plans, and documentation necessary for support of the mission. Changes to user requirements shall be made as far in advance as possible and shall be submitted, in writing, to both SCaN at NASA Headquarters (see Section 108, paragraph (a) for mailing address) and GSFC, as follows: Chief: Commercialization, Innovation, and Synergies, Code 450.1, NASA Goddard Space Flight Center, M/S 450.1, 8800 Greenbelt Road Greenbelt, MD 20771. | ||||
| 7:7:10.1.1.1.9.1.150.1 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.1 Act. | AMS | Act means the Popcorn Promotion, Research, and Consumer Information Act of 1995, Subtitle E of Title V of the Federal Agriculture Improvement and Reform Act of 1996, Pub. L. 104-127, 7 U.S.C. 7481-7491, and any amendments thereto. | |||||
| 7:7:10.1.1.1.9.1.150.10 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.10 Part and subpart. | AMS | Part means the Popcorn Promotion, Research, and Consumer Information Order and all rules and regulations and supplemental orders issued thereunder, and the term subpart means the Popcorn Promotion, Research, and Consumer Information Order. | |||||
| 7:7:10.1.1.1.9.1.150.11 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.11 Person. | AMS | Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. | |||||
| 7:7:10.1.1.1.9.1.150.12 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.12 Popcorn. | AMS | Popcorn means unpopped popcorn (Zea Mays L) that is commercially grown, processed in the United States by shelling, cleaning, or drying, and introduced into a channel of commerce. | |||||
| 7:7:10.1.1.1.9.1.150.13 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.13 Process. | AMS | Process means to shell, clean, dry, and prepare popcorn for the market, but does not include packaging popcorn for the market without also engaging in another activity described in this paragraph. | |||||
| 7:7:10.1.1.1.9.1.150.14 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.14 Processor. | AMS | Processor means a person engaged in the preparation of unpopped popcorn for the market who owns or who shares the ownership and risk of loss of such popcorn and who processes and distributes over 4 million pounds of popcorn in the market per year. | |||||
| 7:7:10.1.1.1.9.1.150.15 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.15 Programs, plans, and projects. | AMS | Programs, plans, and projects means promotion, research, consumer information, and industry information plans, studies, projects, or programs conducted pursuant to this part. | |||||
| 7:7:10.1.1.1.9.1.150.16 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.16 Promotion. | AMS | Promotion means any action, including paid advertising, to enhance the image or desirability of popcorn. | |||||
| 7:7:10.1.1.1.9.1.150.17 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.17 Research. | AMS | Research means any type of study to advance the image, desirability, marketability, production, product development, quality, or nutritional value of popcorn. | |||||
| 7:7:10.1.1.1.9.1.150.18 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.18 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretary's stead. | |||||
| 7:7:10.1.1.1.9.1.150.19 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.19 State. | AMS | State means each of the 50 States and the District of Columbia. | |||||
| 7:7:10.1.1.1.9.1.150.2 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.2 Board. | AMS | Board means the Popcorn Board established under section 575(b) of the Act. | |||||
| 7:7:10.1.1.1.9.1.150.20 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.20 United States. | AMS | United States means all of the States. | |||||
| 7:7:10.1.1.1.9.1.150.3 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.3 Board member. | AMS | Board member means an officer or employee of a processor appointed by the Secretary to serve on the Popcorn Board as a representative of that processor. | |||||
| 7:7:10.1.1.1.9.1.150.4 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.4 Commerce. | AMS | Commerce means interstate, foreign, or intrastate commerce. | |||||
| 7:7:10.1.1.1.9.1.150.5 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.5 Consumer information. | AMS | Consumer information means information and programs that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing, and use of popcorn. | |||||
| 7:7:10.1.1.1.9.1.150.6 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.6 Department. | AMS | Department means the United States Department of Agriculture. | |||||
| 7:7:10.1.1.1.9.1.150.7 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.7 Fiscal year. | AMS | Fiscal year means the 12-month period from January 1 through December 31 each year, or such other period as recommended by the Board and approved by the Secretary. | |||||
| 7:7:10.1.1.1.9.1.150.8 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.8 Industry information. | AMS | Industry information means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the popcorn industry, or activities to enhance the image of the popcorn industry. | |||||
| 7:7:10.1.1.1.9.1.150.9 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.9 Marketing. | AMS | Marketing means the sale or other disposition of unpopped popcorn for human consumption in a channel of commerce but shall not include sales or disposition to or between processors. | |||||
| 7:7:10.1.1.1.9.1.151.21 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.21 Establishment and membership. | AMS | [62 FR 39389, July 22, 1997, as amended at 75 FR 67610, Nov. 3, 2010] | (a) There is hereby established a Popcorn Board of five members. The number of members on the board may be changed by rulemaking: Provided, that the Board consist of not fewer than four members and not more than nine members. The Board shall be composed of popcorn processors appointed by the Secretary under § 1215.24. (b) For purposes of nominating and appointing processors to the Board, the Secretary shall, to the extent practicable, take into account the geographic distribution of popcorn production. (c) No more than one officer or employee of a processor may serve as a Board member at the same time. | ||||
| 7:7:10.1.1.1.9.1.151.22 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.22 Nominations and appointment. | AMS | (a) All nominations for appointments to the Board established under § 1215.21 shall be made as follows: (1) As soon as practicable after the effective date of this subpart, nominations for appointment to the initial Board shall be obtained from processors by the Secretary. In any subsequent year in which an appointment to the Board is to be made, nominations for positions for which the term will expire at the end of that year shall be obtained from processors at least six months prior to the expiration of terms. (2) Except for initial Board members, whose nomination process will be initiated by the Secretary, the Board shall issue a call for nominations in each year for which an appointment to the Board is to be made. The call shall include, at a minimum, the following information: (i) A list of the vacancies for which nominees may be submitted and qualifications for nomination; and (ii) The date by which the names of nominees shall be submitted to the Secretary for consideration to be in compliance with paragraph (a) of this section. (3)(i) Nominations for each position shall be made by processors. Notice shall be publicized to all processors. (ii) All processors may participate in submitting nominations. (4) Two nominees must be submitted for each vacancy. If processors fail to nominate a sufficient number of nominees, additional nominees shall be obtained in a manner prescribed by the Secretary. (b) The Secretary shall appoint the members of the Board from nominations made in accordance with paragraph (a). (1) The Secretary may reject any nominee submitted. If there is an insufficient number of nominees from whom to appoint members to the Board as a result of the Secretary's rejecting such nominees, additional nominees shall be submitted to the Secretary in a manner prescribed by the Secretary. (2) Whenever processors cannot agree on nominees for a position on the Board under the preceding provisions of this section, or whenever they fail to nominate individuals for appointment to the Board, the Secr… | |||||
| 7:7:10.1.1.1.9.1.151.23 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.23 Acceptance. | AMS | Each individual nominated for membership of the Board shall qualify by filing a written acceptance with the Secretary at the time of nomination. | |||||
| 7:7:10.1.1.1.9.1.151.24 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.24 Term of office. | AMS | (a) The members of the Board shall serve for terms of three years, except that members appointed to the initial Board shall serve, to the extent practicable, proportionately for terms of two, three, and four years. (b)(1) Except with respect to terms of office of the initial Board, the term of office for each Board member shall begin on the date the member is seated at the Board's annual meeting or such other date that may be approved by the Secretary. (2) The term of office for the initial Board member shall begin immediately following the appointment by the Secretary. (c) Board members shall serve during the term of office for which they are appointed and have qualified, and until their successors are appointed and have qualified. (d) No Board member may serve more than two consecutive three-year terms, except as provided in § 1215.25(d). Initial members serving two- or four-year terms may serve one successive three-year term. | |||||
| 7:7:10.1.1.1.9.1.151.25 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.25 Vacancies. | AMS | (a) To fill any vacancy occasioned by the death, removal, resignation, or disqualification of any member of the Board, the Secretary may appoint a successor from the most recent nominations submitted for positions on the Board or the Secretary may obtain nominees to fill such vacancy in such a manner as the Secretary deems appropriate. (b) Each such successor appointment shall be for the remainder of the term vacated. (c) A vacancy will not be required to be filled if the unexpired term is less than six months. (d) If an unexpired term is less than 1.5 years, serving the term shall not prevent the appointee from serving two successive three-year terms. (e) A Board member shall be disqualified from serving on the Board if such individual ceases to be affiliated with the processor the member represents. | |||||
| 7:7:10.1.1.1.9.1.151.26 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.26 Removal. | AMS | 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 is known to be engaged in acts of dishonesty or willful misconduct, the Board may recommend to the Secretary that the member be removed 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 will be detrimental to the achievement of the purposes of the Act. | |||||
| 7:7:10.1.1.1.9.1.151.27 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.27 Procedure. | AMS | (a) At a properly convened meeting of the Board, a majority of the members shall constitute a quorum. (b) Each member of the Board will be entitled to one vote on any matter put to the Board, and the motion will carry if supported by a simple majority of those voting. At assembled meetings of the Board, all votes will be cast in person. (c) In lieu of voting at a properly convened meeting and, when in the opinion of the chairperson of the Board such action is considered necessary, the Board may take action upon the concurring votes by a majority of its members by mail, telephone, facsimile, or any other means of communication. If appropriate, any such action shall be confirmed promptly in writing. In that event, all members must be given prior notice and provided the opportunity to vote. Any action so taken shall have the same force and effect as though such action had been taken at a properly convened meeting of the Board. All votes shall be recorded in Board minutes. (d) Meetings of the Board may be conducted by electronic communications, provided that each member is given prior notice of the meeting and has the opportunity to be present either physically or by electronic connection. (e) The organization of the Board and the procedures for conducting meetings of the Board shall be in accordance with its bylaws, which shall be established by the Board and approved by the Secretary. | |||||
| 7:7:10.1.1.1.9.1.151.28 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.28 Compensation and reimbursement. | AMS | The members of the Board shall serve without compensation but shall be reimbursed for necessary and reasonable expenses incurred by such members in the performance of their responsibilities under this subpart. | |||||
| 7:7:10.1.1.1.9.1.151.29 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.29 Powers. | AMS | The Board shall have the following powers: (a) To administer the Order in accordance with its terms and provisions; (b) To make rules and regulations to effectuate the terms and provisions of the Order; (c) To select committees and subcommittees of Board members, including an executive committee, and to adopt such bylaws and other rules for the conduct of its business as it may deem advisable; (d) To appoint or employ such individuals as it may deem necessary, define the duties, and determine the compensation of such individuals; (e) To disseminate information to processors or industry organizations through programs or by direct contact using the public postal system or other systems; (f) To propose, receive, evaluate and approve budgets, plans and projects of popcorn promotion, research, consumer information and industry information, as well as to contract with the approval of the Secretary with appropriate persons to implement plans and projects; (g) To receive, investigate, and report to the Secretary for action any complaints of violations of the Order; (h) To recommend to the Secretary amendments to the order; (i) To accept or receive voluntary contributions; (j) To invest, pending disbursement pursuant to a program, plan or project, funds collected through assessments authorized under this Act provided for in § 1215.51, and any other funds received by the Board in, and only in, obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest bearing account or certificate of deposit or a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States; (k) With the approval of the Secretary, to enter into contracts or agreements with national, regional, or State popcorn processor organizations, or other organizations or entities, for the development and conduct of programs, plans or projects authorized under § 1215.40 and for the payment of the … | |||||
| 7:7:10.1.1.1.9.1.151.30 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.30 Duties. | AMS | The Board shall have the following duties: (a) To meet not less than annually, and to organize and select from among its members a chairperson and such other officers as may be necessary; (b) To evaluate or develop, and submit to the Secretary for approval, promotion, research, consumer information, and industry information programs, plans or projects; (c) To prepare for each fiscal year, and submit to the Secretary for approval at least 60 days prior to the beginning of each fiscal year, a budget of its anticipated expenses and disbursements in the administration of this subpart, as provided in § 1215.50; (d) To maintain such books and records, which shall be available to the Secretary for inspection and audit, and to prepare and submit such reports from time to time to the Secretary, as the Secretary may prescribe, and to make appropriate accounting with respect to the receipt and disbursement of all funds entrusted to it; (e) To prepare and make public, at least annually, a report of its activities carried out, and an accounting for funds received and expended; (f) To cause its financial statements to be prepared in conformity with generally accepted accounting principles and to be audited by an independent certified public accountant in accordance with generally accepted auditing standards at least once each fiscal year and at such other times as the Secretary may request, and submit a copy of each such audit to the Secretary; (g) To give the Secretary the same notice of meetings of the Board as is given to members in order that the Secretary, or a representative of the Secretary, may attend such meetings; (h) To submit to the Secretary such information as may be requested pursuant to this subpart; (i) To keep minutes, books and records that clearly reflect all the acts and transactions of the Board. Minutes of each Board meeting shall be promptly reported to the Secretary; (j) To act as intermediary between the Secretary and any processor; (k) To investigate violations of the Act, order, and regul… | |||||
| 7:7:10.1.1.1.9.1.152.31 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.40 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, consumer information, and industry information with respect to popcorn; and (2) The establishment and conduct of research with respect to the sale, distribution, marketing, and use of popcorn, and the creation of new uses thereof, to the end that the marketing and use of popcorn may be encouraged, expanded, improved, or made more acceptable. (b) No program, plan, or project shall be implemented prior to its approval by the Secretary. Once a program, plan, or project is so approved, the Board may 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, consumer information, or industry 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, consumer information, or industry information, then the Board shall terminate such program, plan, or project. (d) In carrying out any program, plan, or project, no reference to a brand name, trade name, or State or regional identification of any popcorn will be made. In addition, no program, plan, or project shall make use of unfair or deceptive acts or practices with respect to the quality, value, or use of any competing product. | |||||
| 7:7:10.1.1.1.9.1.152.32 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.41 Contracts. | AMS | The Board shall not contract with any processor for the purpose of promotion or research. The Board may lease physical facilities from a processor for such promotion or research, if such an arrangement is determined to be cost effective by the Board and approved by the Secretary. Any contract or agreement shall provide that: (a) The contractor or agreeing party shall develop and submit to the Board a program, plan or project together with a budget or budgets that shall show the estimated cost to be incurred for such program, plan, or project; (b) Any such program, plan, or project shall become effective upon approval by the Secretary; (c) The contracting or agreeing party shall keep accurate records of all of its transactions and make periodic reports to the Board of activities conducted, submit accountings for funds received and expended, and make such other reports as the Secretary or the Board may require; and the Secretary may audit the records of the contracting or agreeing party periodically; and (d) Any subcontractor who enters into a contract with a Board contractor and who receives or otherwise uses funds allocated by the Board shall be subject to the same provisions as the contractor. | |||||
| 7:7:10.1.1.1.9.1.153.33 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.50 Budget and expenses. | AMS | (a) At least 60 days prior to the beginning of each fiscal year, and as may be necessary thereafter, the Board shall prepare and submit to the Secretary a budget for the fiscal year covering its anticipated expenses and disbursements in administering this subpart. (b) Each budget shall include: (1) A rate of assessment for such fiscal year calculated, subject to § 1215.51(b), to provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in paragraph (g) of this section; (2) A statement of the objectives and strategy for each program, plan, or project; (3) A summary of anticipated revenue, with comparative data for at least one preceding year; (4) A summary of proposed expenditures for each program, plan, or project; and (5) Staff and administrative expense breakdowns, with comparative data for at least one preceding year. (c) In budgeting plans and projects of promotion, research, consumer information, and industry information, the Board shall expend assessment and contribution funds on: (1) Plans and projects for popcorn marketed in the United States or Canada in proportion to the amount of assessments projected to be collected on domestically marketed popcorn (including Canada); and (2) Plans and projects for exported popcorn in proportion to the amount of assessments projected to be collected on exported popcorn (excluding Canada). (d) The Board is authorized to incur such reasonable expenses, including provision for a reasonable reserve, as the Secretary finds are reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this subpart. Such expenses shall be paid from funds received by the Board. (e) 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 encumbrances by th… | |||||
| 7:7:10.1.1.1.9.1.153.34 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.51 Assessments. | AMS | [62 FR 39389, July 22, 1997, as amended at 91 FR 11443, Mar. 10, 2026] | (a) Any processor marketing popcorn in the United States or for export shall pay an assessment on such popcorn at the time of introduction to market at a rate as established in § 1215.51(c) and shall remit such assessment to the Board in such form and manner as prescribed by the Board. (b) Any person marketing popcorn of that person's own production to consumers in the United States either directly or through retail or wholesale outlets, shall remit to the Board an assessment on such popcorn at the rate set forth in paragraph § 1215.51(c), and in such form and manner as prescribed by the Board. (c) Except as otherwise provided, the rate of assessment shall be 6 cents per hundredweight of popcorn. The rate of assessment may be raised or lowered as recommended by the Board and approved by the Secretary, but shall not exceed 8 cents per hundredweight in any fiscal year. (d) The collection of assessments under this section shall commence on all popcorn processed in the United States on or after the date established by the Secretary, and shall continue until terminated by the Secretary. If the Board is not constituted on the date the first assessments are to be collected, the Secretary shall have the authority to receive assessments on behalf of the Board and may hold such assessments until the Board is constituted, then remit such assessments to the Board. (e) Each person responsible for remitting assessments under paragraphs (a) and (b) of this section shall remit the amounts due from assessments to the Board on a quarterly basis no later than the last day of the month following the last month in the previous quarter in which the popcorn was marketed, in such manner as prescribed by the Board. (f) The Board shall impose a late payment charge on any person who fails to remit to the Board the total amount for which the person is liable on or before the payment due date established under this section. The amount of the late payment charge shall be prescribed in rules and regulations as approved by the Secretary. … | ||||
| 7:7:10.1.1.1.9.1.153.35 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.52 Exemption from assessment. | AMS | [70 FR 2757, Jan. 14, 2005, as amended at 80 FR 82028, Dec. 31, 2015] | (a) Persons that process and distribute 4 million pounds or less of popcorn annually, based on the previous year, shall be exempted from assessment. (b) Persons that operate 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) 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 processor regardless of whether the agricultural commodity subject to the exemption is processed by a person that also processes conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed; (3) The processor 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 processor so exempted shall continue to be obligated to pay assessments under this part that are associated with any agricultural products that do not qualify for an exemption under this section. | ||||
| 7:7:10.1.1.1.9.1.153.36 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.53 Influencing governmental action. | AMS | No funds received by the Board under this subpart shall in any manner be used for the purpose of influencing legislation or governmental policy or action, except to develop and recommend to the Secretary amendments to this subpart. | |||||
| 7:7:10.1.1.1.9.1.154.37 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.60 Reports. | AMS | (a) Each processor marketing popcorn directly to consumers, and each processor responsible for the remittance of assessments under § 1215.51, shall be required to report quarterly to the Board, on a form provided by the Board, such information as may be required under this subpart or any rule and regulations issued thereunder. Such information shall be subject to § 1215.62 and include, but not be limited to, the following: (1) The processor's name, address, telephone number, and Social Security Number or Employer Identification Number; (2) The date of report, which is also the date of payment to the Board; (3) The period covered by the report; (4) The number of pounds of popcorn marketed or in any other manner are subject to the collection of assessments; (5) The amount of assessments remitted; (6) The basis, if necessary, to show why the remittance is less than the number of pounds of popcorn divided by 100 and multiplied by the applicable assessment rate; and (7) The amount of assessments remitted on exports (not including Canada). (b) The words “final report” shall be shown on the last report at the end of each fiscal year. | |||||
| 7:7:10.1.1.1.9.1.154.38 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.61 Books and records. | AMS | Each person who is subject to this subpart shall maintain and make available for inspection by the Board or the Secretary such books and records as are deemed necessary by the Board, with the approval of the Secretary, to carry out the provisions of this subpart and any rules and regulations issued hereunder, including such books and records as are necessary to verify any reports required. Such books and records shall be retained for at least two years beyond the fiscal year of their applicability. | |||||
| 7:7:10.1.1.1.9.1.154.39 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.62 Confidential treatment. | AMS | (a) All information obtained from books, records, or reports under the Act, this subpart, and the rule and regulations issued thereunder shall be kept confidential by all persons, including all employees, agents, and former employees and agents of the Board; all officers, employees, agents, and former officers, employees, and agents of the Department; and all officers, employees, agents, and former officers, employees, and agents of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members or processors. Only those persons having a specific need for such information to administer effectively the provisions of this part shall have access to such information. Only such information so obtained as the Secretary deems relevant shall be disclosed by them, and then only in a suit or administrative hearing brought at the direction, or on the request, of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving this part. (b) No information obtained under the authority of this part may be made available to any agency or officer of the Federal Government for any purpose other than the implementation of the Act and any investigatory or enforcement action necessary for the implementation of the Act. (c) Nothing in paragraph (a) of this section may be deemed to prohibit: (1) The issuance of general statements based upon the reports of the number of persons subject to this part or statistical data collected therefrom, which statements do not identify the information furnished by any person; (2) The publication, by direction of the Secretary, of the name of any person who has violated this part, together with a statement of the particular provisions of this part violated by such person. (d) Any person who knowingly violated the provisions of this section, on conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both, or if the per… | |||||
| 7:7:10.1.1.1.9.1.155.40 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.70 Right of the Secretary. | AMS | All fiscal matters, programs, plans, or projects, contracts, rules or regulations, reports, or other substantive actions proposed and prepared by the Board shall be submitted to the Secretary for approval. | |||||
| 7:7:10.1.1.1.9.1.155.41 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.71 Suspension or termination. | AMS | (a) Whenever the Secretary finds that this subpart or any provision thereof obstructs or does not tend to effectuate the declared policy of the Act, the Secretary shall terminate or suspend the operation of this subpart or such provision thereof. (b) The Secretary may conduct additional referenda to determine whether processors favor termination or suspension of this subpart three years after the effective date, on the request of a representative group comprising 30 percent or more of the number of processors who have been engaged in processing during a representative period as determined by the Secretary. (c) Whenever the Secretary determines that suspension or termination of this subpart is favored by two-thirds or more of the popcorn processors voting in a referendum under paragraph (b) of this section who, during a representative period determined by the Secretary, have been engaged in the processing, the Secretary shall: (1) Suspend or terminate, as appropriate, collection of assessments within six months after making such determination; and (2) Suspend or terminate, as appropriate, all activities under this subpart in an orderly manner as soon as practicable. (d) Referenda conducted under this subsection shall be conducted in such manner as the Secretary may prescribe. | |||||
| 7:7:10.1.1.1.9.1.155.42 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.72 Proceedings after termination. | AMS | (a) Upon the termination of this subpart, the Board shall recommend not more than five of its members to the Secretary to serve as trustees for the purpose of liquidating the affairs of the Board. Such persons, upon designation by the Secretary, shall become trustees of all the funds and property owned, in the possession of, or under the control of the Board, including any claims unpaid or property not delivered, or any other claim existing at the time of such termination. (b) The trustees shall: (1) Continue in such capacity until discharged by the Secretary; (2) Carry out the obligations of the Board under any contract or agreement entered into by it under this subpart; (3) From time to time account for all receipts and disbursements, and deliver all property on hand, together with all books and records of the Board and of the trustees, to such persons as the Secretary may direct; and (4) Upon the request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such other persons full title and right to all of the funds, property, and claims vested in the Board or the trustees under this subpart. (c) Any person to whom funds, property, or claims have been transferred or delivered under this subpart shall be subject to the same obligations imposed upon the 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 used, to the extent practicable, in the interest of continuing one or more of the promotion, research, consumer information or industry information programs, plans, or projects authorized under this subpart. | |||||
| 7:7:10.1.1.1.9.1.155.43 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.73 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any rule and regulation issued under this subpart, or the issuance of any amendment to such provisions, shall not: (a) Affect or waive any right, duty, obligation, or liability that shall have arisen or may hereafter arise in connection with any provision of this subpart or any such rules or regulations; (b) Release or extinguish any violation of this subpart or any such rules or regulations; or (c) Affect or impair any rights or remedies of the United States, the Secretary, or any person with respect to any such violation. | |||||
| 7:7:10.1.1.1.9.1.155.44 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.74 Personal liability. | AMS | No member or employee of the Board shall be held personally responsible, either individually or jointly, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts of either commission or omission of such member or employee under this subpart, except for acts of dishonesty or willful misconduct. | |||||
| 7:7:10.1.1.1.9.1.155.45 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.75 Patents, copyrights, inventions, publications, and product formulations. | AMS | Any patents, copyrights, inventions, publications, or product formulations developed through the use of funds received by the Board under this subpart shall be the property of the United States Government as represented by the Board and shall, along with any rents, royalties, residual payments, or other income from the rental, sale, leasing, franchising, or other uses of such patents, copyrights, inventions, publications, or product formulations inure to the benefit of the Board and be considered income subject to the same fiscal, budget, and audit controls as other funds of the Board. Upon termination of this subpart, § 1215.72 shall apply to determine disposition of all such property. | |||||
| 7:7:10.1.1.1.9.1.155.46 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.76 Amendments. | AMS | Amendments to this subpart may be proposed, from time to time, by the Board or by any interested persons affected by the provisions of the Act, including the Secretary. | |||||
| 7:7:10.1.1.1.9.1.155.47 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | A | Subpart A—Popcorn Promotion, Research, and Consumer Information Order | § 1215.77 Separability. | AMS | If any provision of this subpart is declared invalid, or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of this subpart or the applicability thereof to other persons or circumstances shall not be affected thereby. | |||||
| 7:7:10.1.1.1.9.2.156.1 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | B | Subpart B—Rules and Regulations | § 1215.100 Terms defined. | AMS | Unless otherwise defined in this subpart, the definitions of terms used in this subpart shall have the same meaning as the definitions in Subpart A—Popcorn Promotion, Research, and Consumer Information Order of this part. | |||||
| 7:7:10.1.1.1.9.2.157.2 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | B | Subpart B—Rules and Regulations | § 1215.300 Exemption procedures. | AMS | [62 FR 39389, July 22, 1997, as amended at 70 FR 2757, Jan. 14, 2005; 80 FR 82028, Dec. 31, 2015] | (a) Any processor who markets 4 million pounds or less of popcorn annually and who desires to claim an exemption from assessments during a fiscal year as provided in § 1214.52 of this part shall apply to the Board, on a form provided by the Board, for a certificate of exemption. Such processor shall certify that the processor's marketing of popcorn during the previous fiscal year was 4 million pounds or less. (b) Persons eligible for an organic assessment exemption as provided in § 1215.52(b) may apply for such an exemption by submitting a request to the Board on an Organic Exemption Request Form (Form AMS-15) at any time during the year initially, and annually thereafter on or before January 1, as long as the processor continues to be eligible for the exemption. (c) A processor request for exemption shall include the following: (1) The applicant's full name, company name, address, telephone and fax numbers, and email address; (2) Certification that the applicant maintains a valid certificate of organic operation issued under the OFPA and the NOP; (3) Certification that the applicant processes organic products eligible to be labeled “organic” or “100 percent organic” under the NOP; (4) A requirement that the applicant attach a copy of their certificate of organic operation issued by a USDA-accredited certifying agent under the OFPA and the NOP; (5) Certification, as evidenced by signature and date, that all information provided by the applicant is true; and (6) Such other information as may be required by the Board, with the approval of the Secretary. (d) Upon receipt of an application, the Board shall determine whether an exemption may be granted and issue a Certificate of Exemption to the processor within 30 calendar days. If the application is disapproved, the Board will notify the applicant of the reason(s) for disapproval within the same timeframe. (e) Any person who desires to renew the exemption from assessments for a subsequent fiscal year shall reapply to the Board by January 1 of that year. … | ||||
| 7:7:10.1.1.1.9.2.158.3 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | B | Subpart B—Rules and Regulations | § 1215.400 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 0581-0093, except for the Promotion Board nominee background statement form which is assigned OMB control number 0505-0001. | |||||
| 7:7:10.1.1.1.9.3.159.1 | 7 | Agriculture | XI | 1215 | PART 1215—POPCORN PROMOTION, RESEARCH, AND CONSUMER INFORMATION | C | Subpart C—Past Due Assessments | § 1215.520 Late payment and interest charges for past due assessments. | AMS | [91 FR 11143, Mar. 9, 2026] | (a) A late payment charge shall be imposed on any processor who fails to make timely remittance to the Board of the total assessments for which such processor 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, 1.25 percent per month interest on the outstanding balance, including any late payment and accrued interest, will be added to any accounts for which payment has not been received within 30 calendar days of the date when assessments are due. Interest will continue to accrue monthly until the outstanding balance is paid to the Board. |
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