cfr_sections
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95 rows where part_number = 984 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 24:24:4.1.3.1.21.1.41.1 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | A | Subpart A—General | § 984.101 Purpose, applicability, and scope. | HUD | (a) Purpose. (1) The purpose of the Family Self-Sufficiency (FSS) program is to promote the development of local strategies to coordinate the use of Department of Housing and Urban Development (HUD or Department) assistance with public and private resources, to enable families eligible to receive HUD assistance to achieve economic independence and self-sufficiency. (2) The purpose of this part is to implement the policies and procedures applicable to operation of an FSS program, as established under section 23 of the 1937 Act (42 U.S.C. 1437u). (b) Applicability. This part applies to Public Housing Agencies (PHAs) administering a public housing program under section 9, a project-based and/or tenant-based assistance program under section 8(o) of the U.S. Housing Act of 1937 (1937 Act), a Housing Choice Voucher (HCV) homeownership program under section 8(y) of the U.S. Housing Act of 1937, or Section 8 Moderate Rehabilitation for low-income families and Moderate Rehabilitation Single Room Occupancy for homeless individuals under 24 CFR part 882. See part 887 of this title for program regulations applicable to owners of multifamily assisted housing. (c) Scope. Each PHA that administers an FSS program must do so in accordance with the requirements of this part. See § 984.105 for more information concerning PHAs that are required to administer an FSS program. (d) Non-participation. Participation in an FSS program is voluntary. A family's admission to the public housing or Section 8 programs cannot be conditioned on participation in FSS. A family's housing assistance cannot be terminated by reason of such election or due to an FSS family's failure to comply with FSS program requirements in this part. | |||||
| 24:24:4.1.3.1.21.1.41.2 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | A | Subpart A—General | § 984.102 Program objectives. | HUD | The objective of the FSS program is to reduce the dependency of low-income families on welfare assistance and housing subsidies. Under the FSS program, HUD assisted families are provided opportunities for education, job training, counseling, and other forms of social service assistance, while living in assisted housing, so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency, as defined in § 984.103. The Department will evaluate the performance of a PHA's or owner's FSS program using a scoring system that measures criteria, such as graduation from the program, increased earned income, and program participation, as provided by HUD through a Federal Register notice. | |||||
| 24:24:4.1.3.1.21.1.41.3 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | A | Subpart A—General | § 984.103 Definitions. | HUD | (a) The terms 1937 Act, Fair Market Rent, Head of household, HUD, Low income family, Public housing, Public Housing Agency (PHA), and Secretary, as used in this part, are defined in part 5 of this title. (b) As used in this part: Baseline annual earned income means, for purposes of determining the FSS credit under § 984.305(b), the FSS family's total annual earned income from wages and business income (if any) as of the effective date of the FSS contract. In calculating baseline annual earned income, all applicable exclusions of income must be applied, except for any disregarded earned income or other adjustments associated with self-sufficiency incentives that may be applicable to the determination of annual income. Baseline monthly rent means, for purposes of determining the FSS credit under § 984.305(b): (i) The FSS family's total tenant payment (TTP), as of the effective date of the FSS contract, for families paying an income-based rent as of the effective date of the FSS contract; or (ii) The amount of the flat or ceiling rent (which includes the applicable utility allowance), and including any hardship discounts, as of the effective date of the FSS contract, for families paying a flat or ceiling rent as of the effective date of the FSS contract. Certification means a written assertion based on supporting evidence, provided by the FSS family or the PHA or owner, as may be required under this part, and which: (i) Shall be maintained by the PHA or owner in the case of the family's certification, or by HUD in the case of the PHA's or owner's certification; (ii) Shall be made available for inspection by HUD, the PHA or owner, and the public, as appropriate; and, (iii) Shall be deemed to be accurate for purposes of this part, unless the Secretary or the PHA or owner, as applicable, determines otherwise after inspecting the evidence and providing due notice and opportunity for comment. Chief executive officer (CEO) means the elected official or the legally designated official of a unit of gener… | |||||
| 24:24:4.1.3.1.21.1.41.4 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | A | Subpart A—General | § 984.104 Basic requirements of the FSS program. | HUD | (a) An FSS program established under this part shall be operated in conformity with the requirements of this part, including the Action Plan at § 984.201, and: (1) As applicable to voucher program participants: (i) HCV regulations at 24 CFR part 982, for HCV program participants; and (ii) Project-based voucher (PBV) regulations at 24 CFR part 983, for PBV program participants; and (iii) HCV Homeownership regulations at 24 CFR 982.625 through 982.643, for HCV homeownership participants; (2) As applicable to Mod Rehab and Mod Rehab SRO participants, 24 CFR part 882; (3) As applicable to public housing program participants, the applicable public housing regulations, including the regulations in 24 CFR parts 5, subpart F, 960, and 966; and, (4) The applicable nondiscrimination and equal opportunity requirements including, but not limited to, those set forth in 24 CFR part 5. (b) [Reserved] | |||||
| 24:24:4.1.3.1.21.1.41.5 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | A | Subpart A—General | § 984.105 Minimum program size. | HUD | (a) FSS program size —(1) Minimum program size requirement. A PHA must operate an FSS program of the minimum program size determined in accordance with paragraph (b) of this section. (2) Exceptions to program operation requirement or to operate a smaller mandatory program. Paragraph (c) of this section states when HUD may grant an exception to the program operation requirement, and paragraph (d) of this section states when an exception may be granted to operate a program that is smaller than the minimum program size. (3) Option to operate larger FSS program. A PHA may choose to operate an FSS program larger than the minimum program size. (b) How to determine FSS minimum program size —(1) General requirement. Each PHA that was required to administer an FSS program on May 24, 2018 (enactment date of the Economic Growth, Regulatory Relief, and Consumer Protection Act), shall continue to operate such program for, at a minimum, the total number of families the PHA was required by statute to serve as of May 24, 2018, subject only to the availability of sufficient amounts for housing assistance under appropriations acts and the provisions of paragraph (b)(2) of this section. (2) Reduction of minimum program size. The minimum program size for a PHA's FSS program is reduced by one slot for each family from any rental assistance program (public housing or Section 8, including multifamily assisted housing) for which the PHA administers FSS under this section and that graduates from the FSS program by fulfilling its FSS CoP on or after October 21, 1998. If an FSS slot is vacated by a family that has not completed its FSS CoP obligations, the slot must be filled by a replacement family which has been selected in accordance with the FSS family selection procedures set forth in § 984.203. (c) Exception to program operation. (1) Upon approval by HUD, a PHA will not be required to carry out an FSS program if the PHA provides to HUD a certification, as defined in § 984.103, that the operation of such an FSS prog… | |||||
| 24:24:4.1.3.1.21.1.41.6 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | A | Subpart A—General | § 984.106 Cooperative Agreements. | HUD | (a) A PHA may enter into a Cooperative Agreement with one or more owners to voluntarily make an FSS program available to the owner's multifamily assisted housing tenants. (b) A PHA and owner that enter into a Cooperative Agreement to make an FSS program available pursuant to paragraph (a) of this section, are subject to this part and the following requirements: (1) The PHA must open its FSS waiting list to any eligible family residing in the multifamily assisted housing covered by the Cooperative Agreement. (2) The owner must provide, at the request of the PHA, information on escrow amounts for participating multifamily assisted housing tenants. The Cooperative Agreement must provide that the owner is responsible for managing the escrow account for participating multifamily assisted housing tenants, including calculating and tracking of escrow in accordance with § 984.305. The Cooperative Agreement must set forth the procedures that will be in place for the exchange of escrow information between the PHA and the owner. (3) The PHA may count multifamily assisted housing families served pursuant to a Cooperative Agreement under this subpart as part of the calculation of the FSS award under §§ 984.107 and 984.302. (4) The PHA may use FSS appropriated funds to serve multifamily assisted housing tenants subject to a Cooperative Agreement under this section. (5) The Cooperative Agreement must clearly specify the terms and conditions of such agreement, including the requirements of this section, and it must include a process for entities for PHAs and owners to communicate with each other about changes in their Action Plan. | |||||
| 24:24:4.1.3.1.21.1.41.7 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | A | Subpart A—General | § 984.107 FSS award funds formula. | HUD | The Secretary may establish a formula by which funds for administration of the FSS program are awarded consistent with 42 U.S.C. 1437u(i), which provides the following: (a) Base award. A PHA or owner serving 25 or more participants in the FSS program is eligible to receive an award equal to the costs, as determined by the Secretary, of 1 full-time family self-sufficiency coordinator position. The Secretary may, by notice (including a Notice of Funding Opportunity (NOFO)), determine the policy concerning the award for an eligible entity serving fewer than 25 such participants, including providing prorated awards or allowing such entities to combine their programs under this section for purposes of employing a coordinator. (b) Additional award. A PHA or owner that meets performance standards set by the Secretary is eligible to receive an additional award sufficient to cover the costs of filling an additional FSS coordinator position if such entity has 75 or more participating families, and an additional coordinator for each additional 50 participating families, or such other ratio as may be established by the Secretary based on the award allocation evaluation under section 23(i)(2)(E) of the U.S. Housing Act of 1937. (c) State and regional entities. For purposes of calculating the award under this section, HUD may treat each administratively distinct part of a State or regional entity as a separate entity. (d) Determination of number of coordinators. In determining whether a PHA or owner meets a specific threshold for funding pursuant to this section, the Secretary shall consider the number of participants enrolled by the PHA or owner in its FSS program as well as other criteria determined by the Secretary. (e) Renewals and allocation. FSS awards shall be allocated, as established by the Secretary, in the following order of priority: (1) First priority. Renewal of the full cost of all FSS coordinators in the previous year at each PHA or owner with an existing FSS program that meets applicable perf… | |||||
| 24:24:4.1.3.1.21.2.41.1 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | B | Subpart B—Program Development and Approval Procedures | § 984.201 Action Plan. | HUD | (a) Requirement for Action Plan. A PHA or owner must have a HUD-approved Action Plan that complies with the requirements of this section before the PHA or owner operates an FSS program, whether the FSS program is a mandatory or voluntary program. (b) Development of Action Plan. The Action Plan shall be developed by the PHA or owner in consultation with the chief executive officer of the applicable unit of general local government and the Program Coordinating Committee. Consultation for the Action Plan by the PHA or owner shall also include representatives of current and prospective FSS program participants, any local agencies responsible for programs under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq. ), other appropriate organizations (such as other local welfare and employment or training institutions, child care providers, financial empowerment providers, nonprofit service providers, and private businesses), and any other public and private service providers affected by the operation of the PHA's or owner's program. (c) Plan submission —(1) Voluntary program. The PHA or owner must submit its Action Plan and obtain HUD approval of the plan before the PHA or owner carries out a voluntary FSS program, including a program that exceeds the minimum size for a mandatory program, regardless of whether the voluntary program receives HUD funding. (2) Revision. Following HUD's initial approval of the Action Plan, no further approval of the Action Plan is required unless the PHA or owner proposes to make policy changes to the Action Plan or increase the size of a voluntary program; or HUD requires other changes. In such cases, the PHA or owner must submit such changes to the Action Plan to HUD for approval. (d) Contents of Plan. The Action Plan shall describe the policies and procedures for the operation of a PHA's or owner's FSS program, and shall contain, at a minimum, the following information: (1) Family demographics. A description of the number, size, characteristi… | |||||
| 24:24:4.1.3.1.21.2.41.2 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | B | Subpart B—Program Development and Approval Procedures | § 984.202 Program Coordinating Committee (PCC). | HUD | (a) General. Each participating PHA (or joint FSS program) must establish a PCC whose functions will be to assist the PHA in securing commitments of public and private resources for the operation of the FSS program within the PHA's jurisdiction, including assistance in developing the Action Plan and in operating the program. (b) Membership —(1) Required membership. The PCC must include representatives of the PHA, including one or more FSS Program Coordinators, and one or more participants from each HUD rental assistance program served by the PHA's FSS program. The PHA may seek assistance from the following groups in identifying potential PCC members: (i) An area-wide or city-wide resident council, if one exists; (ii) If the PHA operates in a specific public housing development, the resident council or resident management corporation, if one exists, of the public housing development where the public housing FSS program is to be carried out; or (iii) Any other resident group, which the PHA believes is interested in the FSS program and would contribute to the development and coordination of the FSS program (such as the Resident Advisory Board or tenant association, as applicable). (2) Recommended membership. Membership on the PCC may include representatives of the unit of general local government served by the PHA, local agencies (if any) responsible for carrying out programs under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq. ), and other organizations, such as other State, local, or tribal welfare and employment agencies, public and private primary, secondary, and post-secondary education or training institutions, child care providers, financial empowerment organizations, nonprofit service providers, private businesses, and any other public and private service providers with resources to assist the FSS program. (c) Alternative committee. The PHA may, in consultation with the chief executive officer of the unit of general local government served by the PHA and one o… | |||||
| 24:24:4.1.3.1.21.2.41.3 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | B | Subpart B—Program Development and Approval Procedures | § 984.203 FSS family selection procedures. | HUD | (a) Preference in the FSS selection process. A PHA has the option of selecting eligible families for up to fifty (50) percent of its FSS slots in accordance with a written policy, provided in the PHA's FSS Action Plan, who have one or more family members currently enrolled in an FSS related service program or on the waiting list for such a program. The PHA may limit the selection preference given to participants in, and applicants for, FSS related service programs to one or more eligible FSS related service programs. A PHA that chooses to exercise the selection preference option must include the following information in its Action Plan: (1) The percentage of FSS slots, not to exceed fifty (50) percent of the total number of FSS slots, for which it will give a selection preference; (2) The FSS related service programs to which it will give a selection preference to the programs' participants and applicants; and (3) The method of outreach to, and selection of, families with one or more members participating in the identified programs. (b) Selection among families with preference. The PHA may use either of the following to select among applicants on the FSS waiting list with the same preference status: (1) Date and time of application to the FSS program; or, (2) A drawing or other random choice technique. (c) FSS selection without preference. For those FSS slots for which a selection preference is not applicable, the FSS slots must be filled with eligible families in accordance with an objective selection system, such as a lottery, the length of time living in subsidized housing, or the date the family expressed an interest in participating in the FSS program. The objective system to be used by the PHA must be described in the PHA's Action Plan. (d) Motivation as a selection factor —(1) General. A PHA may screen families for interest, and motivation to participate in the FSS program, provided that the factors utilized by the PHA are those which solely measure the family's interest and motivation to … | |||||
| 24:24:4.1.3.1.21.2.41.4 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | B | Subpart B—Program Development and Approval Procedures | § 984.204 On-site facilities. | HUD | Each PHA or owner may, subject to the approval of HUD, make available and utilize common areas or unoccupied dwelling units in properties owned by the entity to provide or coordinate supportive services under any FSS program. | |||||
| 24:24:4.1.3.1.21.3.41.1 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | C | Subpart C—Program Operations | § 984.301 Program implementation. | HUD | (a) Voluntary program implementation. Unless otherwise required under a funding notice, there is no deadline for implementation of a voluntary program. A voluntary program, however, may not be implemented before the requirements of § 984.201 have been satisfied. (b) Program administration. A PHA may employ appropriate staff, including a service coordinator or FSS Program Coordinator to administer its FSS program, and may contract with an appropriate organization to establish and administer all or part of the FSS program, including the FSS escrow account, as provided by § 984.305. | |||||
| 24:24:4.1.3.1.21.3.41.2 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | C | Subpart C—Program Operations | § 984.302 FSS funds. | HUD | (a) Public housing program. Subject to 42 U.S.C. 1437g, 24 CFR part 990, and appropriations by Congress, PHAs may use funds provided under 42 U.S.C. 1437g to cover reasonable and eligible administrative costs incurred by PHAs in carrying out the FSS program. (b) Section 8 program. Subject to 42 U.S.C. 1437f, 24 CFR part 982, and appropriations by Congress, PHAs may use the administrative fees paid to PHAs for costs associated with operation of an FSS program. (c) FSS funds. FSS funds associated with operation of an FSS program are established by the Congress and subject to appropriations. FSS appropriated funds will be awarded to and used by PHAs or owners for costs associated with families who are enrolled in an FSS program under this part, including when an owner operates an FSS program through a Cooperative Agreement or on its own. | |||||
| 24:24:4.1.3.1.21.3.41.3 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | C | Subpart C—Program Operations | § 984.303 Contract of Participation (CoP). | HUD | (a) General. Each eligible family that is selected to participate in an FSS program must enter into a CoP with the PHA or owner that operates the FSS program in which the family will participate. There will be no more than one CoP at any time for each family. There may be an ITSP for as many members of the family as wish to participate. The CoP shall be signed by a representative of the PHA or the owner and the head of FSS family, as designated by the family. This head of FSS family does not have to be the same as the official head of household for rental assistance purposes. (b) Form and content of contract —(1) General. The CoP, which incorporates the ITSP(s), shall set forth the principal terms and conditions governing participation in the FSS program. These include the rights and responsibilities of the FSS family and of the PHA or owner, the services to be provided to, and the activities to be completed by, each adult member of the FSS family who elects to participate in the program. (2) FSS family goals. The ITSP, incorporated in the CoP, shall establish specific interim and final goals by which the PHA or owner, and the family, measures the FSS family's progress towards fulfilling its obligations under the CoP and becoming self-sufficient. For any FSS family that is a recipient of welfare assistance at the outset of the CoP or that receives welfare assistance while in the FSS program, the PHA or owner must establish as a final goal for each FSS participant that every member of the family become independent from welfare assistance before the expiration of the term of the CoP, including any extension thereof. Also, see the employment obligation described in paragraph (b)(4) of this section. Aside from the goals specifically required in this section, PHAs or owners must work with each participant to establish realistic and individualized goals and may not include additional mandatory goals or mandatory modifications of the two mandatory goals. (3) Compliance with lease terms. The CoP shall provide… | |||||
| 24:24:4.1.3.1.21.3.41.4 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | C | Subpart C—Program Operations | § 984.304 Amount of rent paid by FSS family and increases in family income. | HUD | (a) Amount of rent paid by FSS family. The amount of rent paid by an FSS family is determined in accordance with the requirements of the applicable housing assistance program as specified in paragraphs (a)(1) and (2) of this section. (1) Public housing program: Calculation of total tenant payment. Total tenant payment for an FSS family participating in the FSS program is determined in accordance with the regulations set forth in 24 CFR part 5, subpart F. (2) Section 8 programs: Calculation of rent. (i) For the HCV program, rent is determined in accordance with 24 CFR part 982, subpart K; and (ii) For the PBV program, rent is determined in accordance with 24 CFR part 983, subpart G. (b) Increases in FSS family income. Any increase in the earned income of an FSS family during its participation in an FSS program may not be considered as income or an asset for purposes of eligibility of the FSS family under any other program administered by HUD. | |||||
| 24:24:4.1.3.1.21.3.41.5 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | C | Subpart C—Program Operations | § 984.305 FSS escrow account. | HUD | (a) Establishment of FSS escrow account —(1) General. The PHA or owner shall deposit the FSS escrow account funds of all families participating in an FSS program into a single interest-bearing depository account. The PHA or owner must deposit the FSS escrow account funds in one or more of the HUD-approved investments. The depository account may be part of the PHA's or owner's overall accounts or a separate account, as long as it is in compliance with paragraph (a)(2) of this section. During the term of the CoP, the FSS escrow account credit amount shall be determined in accordance with paragraph (b) of this section at each re-examination of income occurring after the effective date of the CoP. Such escrow credit amount must be deposited each month by the PHA or owner to each family's FSS escrow account within the PHA's or owner's depository account. (2) Accounting for FSS escrow account funds —(i) Accounting records. The total of the combined FSS escrow account funds will be supported in the accounting records by a subsidiary ledger showing the balance applicable to each FSS family. (ii) Proration of investment income. The investment income for funds in the FSS escrow account must be prorated and credited to each family's FSS escrow account based on the balance in each family's FSS escrow account at the end of the period for which the investment income is credited. (iii) Reduction of amounts due by FSS family. If the FSS family has not paid the family contribution towards rent, or other amounts, if any, due under the public housing or Section 8-assisted lease, the balance in the family's FSS account shall be reduced by that amount (as determined by the owner or reported by the owner to the PHA in the Section 8(o) programs) at the time of final disbursement of FSS escrow funds in accordance with paragraph (c) of this section. If the FSS family has been found to have under-reported income after the baseline annual earned income was set, the amount credited to the FSS escrow account will be based on the… | |||||
| 24:24:4.1.3.1.21.3.41.6 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | C | Subpart C—Program Operations | § 984.306 HCV portability requirements for FSS participants. | HUD | (a) Initial period of CoP —(1) First 12 months. During the first 12 months after the effective date of the FSS CoP, an FSS family may not move outside the jurisdiction of the PHA that first enrolled the family in the FSS program. However, the PHA may approve an FSS family's request to move outside of its jurisdiction under portability (in accordance with § 982.353 of this chapter) during this period. This paragraph (a)(1) applies to a former PBV family who received tenant-based rental assistance in accordance with § 983.261 of this chapter and exercised their right to move. (2) After the first 12 months. After the first 12 months of the FSS CoP, the FSS family with a tenant-based voucher may move outside the initial PHA jurisdiction under portability regulations (in accordance with § 982.353 of this chapter). This paragraph (a)(2) applies to former PBV families who received tenant-based rental assistance in accordance with § 983.261 of this chapter and exercised their right to move. (b) An FSS family moves to the jurisdiction of a receiving PHA that administers an FSS program. (1) Whether the receiving PHA bills the initial PHA or absorbs the FSS family into its HCV program, the receiving PHA must enroll an FSS family in good standing in its FSS program; unless (i) The receiving PHA is already serving the number of FSS families identified in its FSS Action Plan and determines that it does not have the resources to manage the FSS contract; or (ii) The receiving PHA and the initial PHA agree to the FSS family's continued participation in the initial PHA's FSS program. Prior to the PHAs agreeing to the continued participation, the initial PHA must determine that the relocating FSS family has demonstrated that, notwithstanding the move, it will be able to fulfill its responsibilities under the initial or a modified CoP at its new place of residence. For example, the FSS family may be able to commute to the supportive services specified in the CoP, or the family may move to obtain employment as specified in… | |||||
| 24:24:4.1.3.1.21.4.41.1 | 24 | Housing and Urban Development | IX | 984 | PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM | D | Subpart D—Reporting | § 984.401 Reporting. | HUD | Each PHA or owner that carries out an FSS program shall submit to HUD, in the form prescribed by HUD, a report regarding its FSS program. The report shall include the following information: (a) A description of the activities carried out under the program; (b) A description of the effectiveness of the program in assisting families to achieve economic independence and self-sufficiency, including the number of families enrolled and graduated and the number of established escrow accounts and positive escrow balances; (c) A description of the effectiveness of the program in coordinating resources of communities to assist families to achieve economic independence and self-sufficiency; and (d) Any recommendations by the PHA or owner or the appropriate local Program Coordinating Committee for legislative or administrative action that would improve the FSS program and ensure the effectiveness of the program. | |||||
| 7:7:8.1.1.1.26.1.377.1 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.1 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States, or any other officer or employee of the United States Department of Agriculture who is, or who may be, authorized to perform the duties of the Secretary of Agriculture of the United States. | |||||
| 7:7:8.1.1.1.26.1.377.10 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.10 Shelled walnuts. | AMS | Shelled walnuts means walnut kernels after the shells are removed. | |||||
| 7:7:8.1.1.1.26.1.377.11 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.11 Merchantable walnuts. | AMS | [27 FR 9094, Sept. 13, 1962, as amended at 39 FR 35328, Oct. 1, 1974] | (a) Inshell. Merchantable inshell walnuts means all inshell walnuts meeting the minimum grade and size regulations effective pursuant to § 984.50. (b) Shelled. Merchantable shelled walnuts means all shelled walnuts meeting the minimum grade and size regulations effective pursuant to § 984.50. | ||||
| 7:7:8.1.1.1.26.1.377.12 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.12 Substandard walnuts. | AMS | [88 FR 56748, Aug. 21, 2023] | Substandard walnuts means all walnuts (whether inshell or shelled) that do not meet the minimum standard prescribed for merchantable walnuts whenever regulations are in effect pursuant to § 984.50. | ||||
| 7:7:8.1.1.1.26.1.377.13 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.13 To handle. | AMS | [88 FR 56748, Aug. 21, 2023] | To handle means to receive, pack, sell, consign, transport, or ship (except as a common or contract carrier of walnuts owned by another person), or in any other way to put walnuts, inshell or shelled, into the current of commerce either within the area of production or from such area to any point outside thereof, or for a manufacturer or retailer within the area of production to purchase directly from a grower. However, sales and deliveries by a grower to handlers, hullers, or other processors within the area of production shall not, in itself, be considered as handling by a grower. The term “to handle” shall not include sales and deliveries within the area of production between handlers. | ||||
| 7:7:8.1.1.1.26.1.377.14 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.14 Handler. | AMS | [73 FR 11337, Mar. 3, 2008] | Handler means any person who handles inshell or shelled walnuts. | ||||
| 7:7:8.1.1.1.26.1.377.15 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.15 Pack. | AMS | [73 FR 11337, Mar. 3, 2008] | Pack means to bleach, clean, grade, shell or otherwise prepare walnuts for market as inshell or shelled walnuts. | ||||
| 7:7:8.1.1.1.26.1.377.16 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.19 Manufacturer. | AMS | Manufacturer means any person who uses walnuts in the production of bakery goods, ice cream, candy, or other food products, except walnut oil. | |||||
| 7:7:8.1.1.1.26.1.377.17 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.20 Kernelweight. | AMS | [39 FR 35328, Oct. 1, 1974] | Kernelweight means the determined weight of the kernels in a quantity of walnuts regardless of their quality. | ||||
| 7:7:8.1.1.1.26.1.377.18 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.21 Handler inventory. | AMS | [85 FR 27108, May 7, 2020] | Handler inventory as of any date means all walnuts, inshell or shelled, wherever located, then held by a handler or for his or her account. | ||||
| 7:7:8.1.1.1.26.1.377.19 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.22 Trade demand. | AMS | [73 FR 11337, Mar. 3, 2008, as amended at 88 FR 56748, Aug. 21, 2023] | (a) Inshell. The quantity of inshell walnuts that the trade will acquire from all handlers during a marketing year for distribution in the United States and its territories. (b) Shelled. The quantity of shelled walnuts that the trade will acquire from all handlers during a marketing year for distribution in the United States and its territories. | ||||
| 7:7:8.1.1.1.26.1.377.2 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.2 Act. | AMS | Act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq. ). | |||||
| 7:7:8.1.1.1.26.1.377.20 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | §§ 984.23--984.26 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.1.377.21 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.31 Part and subpart. | AMS | [41 FR 31542, July 29, 1976] | Part means the order regulating the handling of walnuts grown in California, and all rules, regulations, and supplementary orders issued thereunder. This order regulating the handling of walnuts grown in California shall be a subpart of such part. | ||||
| 7:7:8.1.1.1.26.1.377.22 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.32 To certify. | AMS | [88 FR 56748, Aug. 21, 2023] | To certify means the issuance of a certification of inspection of walnuts in accordance with regulations issued pursuant to § 984.50. | ||||
| 7:7:8.1.1.1.26.1.377.23 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.33 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.1.377.3 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.3 Person. | AMS | Person means an individual, partnership, corporation, association, or any other business unit. | |||||
| 7:7:8.1.1.1.26.1.377.4 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.4 Area of production. | AMS | [41 FR 31542, July 29, 1976] | Area of production means the State of California. | ||||
| 7:7:8.1.1.1.26.1.377.5 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.5 Grower. | AMS | Grower is synonymous with producer and means any person engaged in a proprietary capacity in the commercial production of walnuts. | |||||
| 7:7:8.1.1.1.26.1.377.6 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.6 Board. | AMS | [73 FR 11336, Mar. 3, 2008] | Board means the California Walnut Board established pursuant to § 934.35. | ||||
| 7:7:8.1.1.1.26.1.377.7 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.7 Marketing year. | AMS | [73 FR 11337, Mar. 3, 2008] | Marketing year means the twelve months from September 1 to the following August 31, both inclusive, or any other such period deemed appropriate and recommended by the Board for approval by the Secretary. | ||||
| 7:7:8.1.1.1.26.1.377.8 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.8 Walnuts. | AMS | [41 FR 31542, July 29, 1976] | Walnuts means only walnuts of the “English” (Juglans regia) varieties grown in California. | ||||
| 7:7:8.1.1.1.26.1.377.9 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.9 Inshell walnuts. | AMS | Inshell walnuts means walnuts the kernels of which are contained in the shell. | |||||
| 7:7:8.1.1.1.26.1.378.24 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.35 California Walnut Board. | AMS | [73 FR 11337, Mar. 3, 2008] | (a) A California Walnut Board is hereby established consisting of 10 members selected by the Secretary, each of whom shall have an alternate nominated and selected in the same way and with the same qualifications as the member. The members and their alternates shall be selected by the Secretary from nominees submitted by each of the following groups or from other eligible persons belonging to such groups: (1) Two handler members from District 1; (2) Two handler members from District 2; (3) Two grower members from District 1; (4) Two grower members from District 2; (5) One grower member nominated at-large from the production area; and, (6) One member and alternate who shall be selected after the selection of the nine handler and grower members and after the opportunity for such members to nominate the tenth member and alternate. The tenth member and his or her alternate shall be neither a walnut grower nor a handler. (b) In the event that one handler handles 35% or more of the crop the membership of the Board shall be as follows: (1) Two handler members to represent the handler that handles 35% or more of the crop; (2) Two members to represent growers who market their walnuts through the handler that handles 35% or more of the crop; (3) Two handler members to represent handlers that do not handle 35% or more of the crop; (4) One member to represent growers from District 1 who market their walnuts through handlers that do not handle 35% or more of the crop; (5) One member to represent growers from District 2 who market their walnuts through handlers that do not handle 35% or more of the crop; (6) One member to represent growers who market their walnuts through handlers that do not handle 35% or more of the crop shall be nominated at large from the production area; and, (7) One member and alternate who shall be selected after the selection of the nine handler and grower members and after the opportunity for such members to nominate the tenth member and alternate. The tenth member and his or her alterna… | ||||
| 7:7:8.1.1.1.26.1.378.25 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.36 Term of office. | AMS | [74 FR 18464, Apr. 23, 2009] | The term of office for Board members and their alternates shall be for a period of two years ending on August 31 of odd-numbered years, but they shall serve until their respective successors are selected and have qualified. | ||||
| 7:7:8.1.1.1.26.1.378.26 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.37 Nominations. | AMS | [73 FR 11337, Mar. 3, 2008, as amended at 88 FR 56748, Aug. 21, 2023] | (a) Nominations for all grower members shall be submitted by ballot pursuant to an announcement by press releases of the Board to the news media in the walnut producing areas. Such releases shall provide pertinent voting information, including the names of candidates and the location where ballots may be obtained. Ballots shall be accompanied by full instructions as to their markings and mailing and shall include the names of incumbents who are willing to continue serving on the Board and such other candidates as may be proposed pursuant to methods established by the Board with the approval of the Secretary. Each grower, regardless of the number and location of his or her walnut orchard(s), shall be entitled to cast only one ballot in the nomination and each vote shall be given equal weight. If the grower has orchards in both grower districts, he or she shall advise the Board of the district in which he/she desires to vote. The person receiving the highest number of votes for each grower position shall be the nominee. (b) Nominations for handler members shall be submitted on ballots mailed by the Board to all handlers in their respective Districts. All handlers' votes shall be weighted by the weight of inshell walnuts handled by each handler during the preceding marketing year. Each handler in the production area may vote for handler member nominees and their alternates. However, no handler with less than 35% of the crop shall have more than one member and one alternate member. The person receiving the highest number of votes for each handler member position shall be the nominee for that position. (c) A calculation to determine whether or not a handler who handles 35 percent or more of the crop shall be made prior to nominations. For the first nominations held upon implementation of this language, the 35 percent threshold shall be calculated using an average of crop handled for the year in which nominations are made and one year's handling prior. For all future nominations, the 35 percent handling calculation s… | ||||
| 7:7:8.1.1.1.26.1.378.27 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.38 Eligibility. | AMS | [73 FR 11338, Mar. 3, 2008] | No person shall be selected or continue to serve as a member or alternate to represent one of the groups specified in § 984.35(a)(1) through (6) or § 984.38(b)(1) through (6), unless he or she is engaged in the business he or she is to represent, or represents, either in his or her own behalf or as an officer or employee if the business unit engaged in such business. Also, each member or alternate member representing growers in District 1 or District 2 shall be a grower, or officer or employee of the group he or she is to represent. | ||||
| 7:7:8.1.1.1.26.1.378.28 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.39 Qualify by acceptance. | AMS | [73 FR 11338, Mar. 3, 2008] | Any person nominated to serve as a member or alternate member of the Board shall, prior to selection by USDA, qualify by filing a written qualification and acceptance statement indicating such person's willingness to serve in the position for which nominated. | ||||
| 7:7:8.1.1.1.26.1.378.29 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.40 Alternate. | AMS | [73 FR 11338, Mar. 3, 2008] | (a) An alternate for a member of the Board shall act in the place and stead of such member in his or her absence or in the event of his or her death, removal, resignation, or disqualification, until a successor for his or her unexpired term has been selected and has qualified. (b) In the event any member of the Board and his or her alternate are both unable to attend a meeting of the Board, any alternate for any other member representing the same group as the absent member may serve in the place of the absent member, or in the event such other alternate cannot attend, or there is no such other alternate, such member, or in the event of his disability or a vacancy, his or her alternate may designate, subject to the disapproval of the Secretary, a temporary substitute to attend such meeting. At such meeting such temporary substitute may act in the place of such member. | ||||
| 7:7:8.1.1.1.26.1.378.30 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.41 Vacancy. | AMS | [39 FR 35330, Oct. 1, 1974, as amended at 41 FR 31543, July 29, 1976] | Any vacancy occasioned by the removal, resignation, disqualification, or death of any member of alternate, or any need to select a successor through failure of any person selected as a member or alternate to qualify, shall be recognized by the Board causing a nomination to be made by the appropriate group and certifying to the Secretary a new nominee within 60 calendar days. | ||||
| 7:7:8.1.1.1.26.1.378.31 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.42 Expenses. | AMS | [73 FR 11338, Mar. 3, 2008] | The members and their alternates of the Board shall serve without compensation, but shall be allowed their necessary expenses incurred by them in the performance of their duties under this part. | ||||
| 7:7:8.1.1.1.26.1.378.32 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.43 Powers. | AMS | The Board shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To make rules and regulations to effectuate the terms and provisions of this part; (c) To receive, investigate, and report to the Secretary complaints of violations of this part; and (d) To recommend to the Secretary amendments to this part. | |||||
| 7:7:8.1.1.1.26.1.378.33 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.44 Duties. | AMS | The duties of the Board shall be as follows: (a) To act as intermediary between the Secretary and any handler or grower; (b) To keep minute books and records which will clearly reflect all of its acts and transactions, and such minute books and records shall at any time be subject to the examination of the Secretary; (c) To furnish to the Secretary a complete report of all meetings and such other available information as he may request; (d) To appoint such employees as it may deem necessary and to determine the salaries, define the duties, and fix the bonds of such employees; (e) To cause the books of the Board to be audited by one or more competent public accountants at least once for each marketing year and at such other times as the Board deems necessary or as the Secretary may request, and to file with the Secretary three copies of all audit reports made; (f) To investigate the growing, shipping and marketing conditions with respect to walnuts and to assemble data in connection therewith; (g) To investigate compliance with the provisions of this part; and (h) To recommend rules and regulations for the purpose of administering this subpart. | |||||
| 7:7:8.1.1.1.26.1.378.34 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.45 Procedure. | AMS | [27 FR 9094, Sept. 13, 1962, as amended at 39 FR 35330, Oct. 1, 1974; 73 FR 11338, Mar. 3, 2008] | (a) The members of the Board shall select a chairman from their membership, and shall select such other officers and adopt such rules for the conduct of Board business as they deem advisable. The Board shall give the Secretary the same notice of its meetings as is given to members of the Board. (b) All decisions of the Board, except where otherwise specifically provided (see § 984.35(d)), shall be by a sixty-percent (60%) super-majority vote of the members present. A quorum of six members, or the equivalent of sixty percent (60%) of the Board, shall be required for the conduct of Board business. (c) The Board may vote by mail or telegram, or by any other means of communication, upon due notice to all members. The Board, with the approval of the Secretary, shall prescribe the minimum number of votes that must be cast when voting is by any of these methods, and any other procedures necessary to carry out the objectives of this paragraph. (d) The Board may provide for meetings by telephone, or other means of communication and any vote cast at such a meeting shall be confirmed promptly in writing: Provided, That if any assembled meeting is held, all votes shall be cast in person. | ||||
| 7:7:8.1.1.1.26.1.378.35 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.46 Research and development. | AMS | [86 FR 16289, Mar. 29, 2021] | (a) Research and development authorities. The Board, with the approval of the Secretary, may establish or provide for the establishment of production research, marketing research and development projects, and marketing promotion, including paid advertising, designed to assist, improve, or promote the marketing, distribution, and consumption or efficient production of walnuts. The expenses of such projects shall be paid from funds collected pursuant to §§ 984.69 and 984.70 and may be credited back pursuant to paragraphs (b) and (c) of this section. (b) Credit-back for promotion expenses. The Board may provide for crediting the pro rata expense assessment obligations of a handler with such portion of his or her direct expenditure for marketing promotion, including paid advertising, as may be authorized. The credit-back amount available to each handler shall be determined by that handler's percent of the industry's total volume of walnuts handled during the prior marketing year multiplied by the current marketing year's credit-back program budget. No handler shall receive credit-back for any creditable expenditures that would exceed the total amount of credit-back available to him or her for the applicable marketing year. Further, no handler shall receive credit-back in an amount that exceeds that handler's assessments paid in the applicable marketing year at the time the credit-back application is made. Marketing promotion expenses shall be credited at a rate recommended by the Board and approved by the Secretary, where the credit rate is based on the amount per dollar of marketing promotion expenses for creditable expenditures paid by a handler during the applicable marketing year. Credit may be paid directly to the handler as a reimbursement of assessments paid or may be issued as recommended by the Board and approved by the Secretary. The Board may also establish, subject to the approval of the Secretary, different credit rates for different products or different marketing promotion activities according to … | ||||
| 7:7:8.1.1.1.26.1.379.36 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.48 Marketing estimates and recommendations. | AMS | [39 FR 35330, Oct. 1, 1974; 39 FR 35999, Oct. 7, 1974, as amended at 41 FR 31543, July 29, 1976; 73 FR 11339, Mar. 3, 2008; 88 FR 56748, Aug. 21, 2023] | (a) Each marketing year the Board shall hold a meeting, prior to October 20, for the purpose of recommending to the Secretary a marketing policy for such year. Each year such recommendation shall be adopted by the affirmative vote of at least 60% of the Board and shall include the following: (1) Its estimate of the orchard-run production in the area of production for the marketing year; (2) The Board's estimate of the handler inventory on September 1 of inshell and shelled walnuts; (3) Its estimate of the walnuts in the production; (4) The Board's estimate of the trade demand for such marketing year for shelled and inshell walnuts, taking into consideration trade inventory, imports, prices, competing nut supplies, and other factors; (5) The Board's recommendation for desirable handler inventory of inshell and shelled walnuts on August 31 of each marketing year; (6) Its opinion as to whether grower prices are likely to exceed parity; and (7) Its recommendation for change, if any, in grade and size regulations. (b) [Reserved] | ||||
| 7:7:8.1.1.1.26.1.379.37 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.49 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.1.380.38 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.50 Grade, quality, and size regulations. | AMS | [88 FR 56748, Aug. 21, 2023] | (a) The Board may recommend, subject to the approval of the Secretary, regulations that: (1) Establish handling requirements for particular grades, sizes, or qualities, or any combination thereof, of any or all varieties or classifications of walnuts during any period; (2) Establish different handling requirements and tolerance limits for particular grades, sizes, or qualities, or any combination thereof, for different market destinations; (3) Establish different handling requirements for the processing of shelled walnuts and the handling thereof; and (4) Establish inspection and certification requirements for the purposes of this paragraph (a) and paragraph (b) of this section. (b) During any period, regulations issued under this section are in effect, no handler shall handle or process walnuts into manufactured items or products unless they meet the applicable requirements under this section as evidenced by certification acceptable to the Board. (c) Regulations issued under this section may be amended, modified, suspended, or terminated whenever it is determined: (1) That such action is warranted upon recommendation of the Board and approval by the Secretary, or other available information; or (2) That regulations issued under this section no longer tend to effectuate the declared policy of the Act. | ||||
| 7:7:8.1.1.1.26.1.380.39 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | §§ 984.51--984.52 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.1.381.40 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | §§ 984.54--984.56 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.1.381.41 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.59 Interhandler transfers. | AMS | [73 FR 11339, Mar. 3, 2008] | For the purposes of this part, transfer means the sale of inshell and shelled walnuts within the area of production by one handler to another. The Board, with the approval of the Secretary, may establish methods and procedures, including necessary reports, for such transfers. | ||||
| 7:7:8.1.1.1.26.1.381.42 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.64 Disposition of substandard walnuts. | AMS | [88 FR 56749, Aug. 21, 2023] | During any period when regulations are in effect pursuant to § 984.50, substandard walnuts may be disposed of only for manufacture into oil, livestock feed, or such other uses as the Board determines to be noncompetitive with existing domestic and export markets for merchantable walnuts and with proper safeguards to prevent such walnuts from thereafter entering channels of trade in such markets. Each handler shall submit, in such form and at such intervals as the Board may determine, reports of his production and holdings of substandard walnuts and the disposition of all substandard walnuts to any other person, showing the quantity, lot, date, name and address of the person to whom delivered, the approved use and such other information pertaining thereto as the Board may specify. | ||||
| 7:7:8.1.1.1.26.1.381.43 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.65 Compliance. | AMS | Except as provided in this subpart, no person shall handle walnuts, inshell or shelled, during any marketing year in which this subpart and any regulations issued by the Secretary hereunder are in effect, unless such person has previously met the obligations imposed by each such regulation and the provisions of this subpart. | |||||
| 7:7:8.1.1.1.26.1.381.44 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.66 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.1.381.45 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.67 Exemptions. | AMS | [27 FR 9094, Sept. 13, 1962, as amended at 41 FR 31544, July 29, 1976; 73 FR 11339, Mar. 3, 2008; 85 FR 27109, May 7, 2020; 88 FR 56749, Aug. 21, 2023] | (a) Exemptions from assessments and quality regulations —(1) Sales by growers direct to consumers. Any walnut grower may handle walnuts of his production free of the regulatory and assessment provisions of this part if he sells such walnuts in the area of production directly to consumers under the following types of exemptions: (i) At roadside stands and farmers' markets; (ii) In quantities not exceeding an aggregate of 500 pounds of inshell walnuts or 200 pounds of shelled walnuts during any marketing year (at locations other than those specified in paragraph (a)(1)(i) of this section); and (iii) If shipped by parcel post or express in quantities not exceeding 10 pounds of inshell walnuts or 4 pounds of shelled walnuts to any one consumer in any one calendar day. (2) Green walnuts. Walnuts which are green and which are so immature that they cannot be used for drying and sale as dried walnuts may be handled without regard to the provisions of this part. (3) Noncompetitive outlets. Any person may handle walnuts, free of the provisions of this part, for use by charitable institutions, relief agencies, governmental agencies for school lunch programs, and diversion to animal feed or oil manufacture pursuant to an authorized governmental diversion program. (b) Rules and modifications. The Board may establish, with the approval of the Secretary, such rules, regulations and safeguards and such modifications as will promote the objectives of this subpart. | ||||
| 7:7:8.1.1.1.26.1.382.46 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.68 Expenses. | AMS | [41 FR 31544, July 29, 1976] | The Board is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by it during each marketing year for the maintenance and functioning of the Board, and for such other purposes as the Secretary may, pursuant to this part, determine to be appropriate. The Board shall file a proposed budget of expenses and a rate of assessment with the Secretary as soon as practicable after the beginning of each marketing year. | ||||
| 7:7:8.1.1.1.26.1.382.47 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.69 Assessments. | AMS | [88 FR 56749, Aug. 21, 2023] | (a) Requirement for payment. Each handler shall pay the Board, on demand, his or her pro rata share of the expenses authorized by the Secretary for each marketing year. Each handler's pro rata share shall be the rate of assessment per inshell pound of walnuts fixed by the Secretary times the pounds of walnuts received by him or her for his or her own account (except as to receipt from other handlers on which assessments have been paid). At any time during or after the marketing year the Secretary may increase the assessment rate as necessary to cover authorized expenses and each handler's pro rata share shall be adjusted accordingly. (b) Assessment rate. The assessment rate set out may be modified by the Secretary, based upon a recommendation of the Board or other available data. (c) Late payment. If a handler does not pay assessments within the time prescribed by the Board, the assessment may be increased by a late payment charge and/or an interest rate charge at amounts prescribed by the Board with approval of the Secretary. (d) Accounting. If at the end of a marketing year the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: (1) If such excess is not retained in a reserve, as provided in paragraph (d)(2) or (3) of this section, it shall be refunded to handlers from whom collected, and each handler's share of such excess funds shall be the amount of assessments he or she has paid in excess of his or her pro rata share of the actual expenses of the Board. (2) Excess funds may be used temporarily by the Board to defray expenses of the subsequent marketing year provided each handler's share of such excess shall be made available to him or her by the Board within five months after the end of the year. (3) The Board may carry over such excess into subsequent marketing years as a reserve: Provided, that funds already in reserve do not exceed approximately two years' budgeted expenses. In the event that funds exceed two … | ||||
| 7:7:8.1.1.1.26.1.382.48 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.70 Contributions. | AMS | [73 FR 11339, Mar. 3, 2008] | The Board may accept voluntary contributions but these shall only be used to pay expenses incurred pursuant to § 984.46, Research and development. Furthermore, such contributions shall be free from any encumbrances by the donor and the Board shall retain complete control of their use. | ||||
| 7:7:8.1.1.1.26.1.383.49 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.71 Reports of handler inventory. | AMS | [73 FR 11339, Mar. 3, 2008] | Each handler shall submit to the Board in such form and on such dates as the Board may prescribe, reports showing his or her inventory of inshell and shelled walnuts. | ||||
| 7:7:8.1.1.1.26.1.383.50 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.72 Reports of walnuts handled. | AMS | [88 FR 56750, Aug. 21, 2023] | Each handler who handles walnuts, inshell or shelled, at any time during a marketing year shall submit to the Board in such form and at such intervals as the Board may prescribe, reports showing the quantity so handled and such other information pertinent thereto as the Board may specify. | ||||
| 7:7:8.1.1.1.26.1.383.51 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.73 Reports of walnut receipts. | AMS | [73 FR 11339, Mar. 3, 2008] | Each handler shall file such reports of his or her walnut receipts from growers, handlers, or others in such form and at such times as may be requested by the Board with the approval of the Secretary. | ||||
| 7:7:8.1.1.1.26.1.383.52 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.76 Other reports. | AMS | Upon request of the Board made with the approval of the Secretary each handler shall furnish such other reports and information as are needed to enable the Board to perform its duties and exercise its powers under this subpart. | |||||
| 7:7:8.1.1.1.26.1.383.53 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.77 Verification of reports. | AMS | [88 FR 56750, Aug. 21, 2023] | For the purpose of verifying and checking reports filed by handlers or the operations of handlers, the Secretary and the Board through its duly authorized representatives shall have access to any premises where walnuts and walnut records are held. Such access shall be available at any time during reasonable business hours. Authorized representatives shall be permitted to inspect any walnuts held and any and all records of the handler with respect to matters within the purview of this part. Each handler shall maintain complete records on the receiving, holding, and disposition of both inshell and shelled walnuts. Each handler shall furnish all labor necessary to facilitate such inspections at no expense to the Board or the Secretary. Each handler shall store all walnuts held by him or her in such manner as to facilitate inspection and shall maintain adequate storage records, which will permit accurate identification of respective lots and of all such walnuts held or disposed of theretofore. The Board, with the approval of the Secretary, may establish any methods and procedures needed to verify reports. | ||||
| 7:7:8.1.1.1.26.1.383.54 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.78 Certification of reports. | AMS | All reports submitted to the Board as required in this part shall be certified to the Secretary and the Board as to the completeness and correctness of the information contained therein. | |||||
| 7:7:8.1.1.1.26.1.383.55 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.79 Confidential information. | AMS | All reports and records submitted by handlers to the Board, which include data or information constituting a trade secret or disclosing the trade position, or financial condition or business operations of the handler shall be kept in custody of one or more employees of the Board and shall be disclosed to no person except the Secretary. | |||||
| 7:7:8.1.1.1.26.1.383.56 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.80 Books and other records. | AMS | Each handler shall maintain such records of walnuts received, held and disposed of by him as may be prescribed by the Board for the purpose of performing its functions under this subpart. Such books and records shall be retained and be available for examination by authorized representatives of the Board and the Secretary for a period of two years after the end of the marketing year in which the recorded transactions are completed. | |||||
| 7:7:8.1.1.1.26.1.384.57 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.83 Rights of the Secretary. | AMS | The members and alternates of the Board and any agent or employee appointed or employed by the Board, shall be subject to removal or suspension by the Secretary, at his discretion, at any time. Each and every decision, determination, or other act of the Board shall be subject to the continuing right of the Secretary to disapprove of the same at any time, and upon such disapproval, shall be deemed null and void. | |||||
| 7:7:8.1.1.1.26.1.384.58 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.84 Personal liability. | AMS | [39 FR 35332, Oct. 1, 1974, as amended at 41 FR 31545, July 29, 1976] | No member or alternate of the Board, nor any employee or agent thereof shall be held personally responsible either individually or jointly with others, in any way whatsoever, to any handler or any person for errors in judgment, mistakes, or other acts either of commission or omission, as such member, alternate employee or agent, except for acts of dishonesty. | ||||
| 7:7:8.1.1.1.26.1.384.59 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.85 Separability. | AMS | If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder hereof or the applicability thereof to any other person, circumstance, or thing shall not be affected thereby. | |||||
| 7:7:8.1.1.1.26.1.384.60 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.86 Derogation. | AMS | Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the act or otherwise, or in accordance with such powers, to act in the premises whenever such action is deemed advisable. | |||||
| 7:7:8.1.1.1.26.1.384.61 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.87 Duration of immunities. | AMS | The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination hereof except with respect to acts done under and during the existence hereof. | |||||
| 7:7:8.1.1.1.26.1.384.62 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.88 Agents. | AMS | The Secretary may, by a designation in writing, name any person, including any officer or employee of the Government, or name any subdivision of the United States Department of Agriculture, to act as his agent or representative in connection with any of the provisions of this subpart. | |||||
| 7:7:8.1.1.1.26.1.384.63 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.89 Effective time and termination. | AMS | [27 FR 9094, Sept. 13, 1962, as amended at 41 FR 31545, July 29, 1976; 73 FR 11340, Mar. 3, 2008; 88 FR 56750, Aug. 21, 2023] | (a) Effective time. The provisions of this subpart shall become effective at such time as the Secretary may declare above his signature attached to this subpart, and shall continue in force until terminated in one of the ways hereinafter specified. (b) Termination. (1) The Secretary may, at any time, terminate the provisions of this subpart by giving at least one day's notice by means of a press release or in any other manner which he may determine. (2) The Secretary may terminate or suspend the operation of any or all of the provisions of this subpart, whenever he finds that such provisions do not tend to effectuate the declared policy of the act. (3) The Secretary shall terminate the provisions of this subpart at the end of any marketing year whenever he finds that such termination is favored by a majority of the producers of walnuts who during the preceding marketing year have been engaged in the production for market of walnuts in the State of California: Provided, That such majority have during such period produced for market more than 50 percent of the volume of such walnuts produced for market within said States, but such termination shall be effected only if announced on or before July 1 of the then current marketing year. (4) Within six years of the effective date of this amendment the Secretary shall conduct a referendum to ascertain whether continuance of this part is favored by producers. Subsequent referenda to ascertain continuance shall be conducted every six years thereafter. The Secretary may terminate the provisions of this part at the end of any marketing year in which the Secretary has found that continuance of this part is not favored by a two-thirds ( 2/3 ) majority of voting producers, or a two-thirds ( 2/3 ) majority of volume represented thereby, who, during a representative period determined by the Secretary, have been engaged in the production for market of walnuts in the production area. Such termination shall be announced on or before the end of the production year. (5) T… | ||||
| 7:7:8.1.1.1.26.1.384.64 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.90 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart, 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 under this subpart, or (b) release or extinguish any violation of this subpart or of any regulation issued under this subpart, or (c) affect or impair any rights or remedies of the Secretary or of any other person, with respect to any such violation. | |||||
| 7:7:8.1.1.1.26.1.384.65 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 984.91 Relationship with the California Walnut Commission. | AMS | [73 FR 11340, Mar. 3, 2008] | In conducting Board activities and other objectives under this part, the Board may deliberate, consult, cooperate and exchange information with the California Walnut Commission, whose activities compliment those of the Board. Any sharing of information gathered under this subpart shall be kept confidential in accordance with provisions under section 10(i) of the Act. | ||||
| 7:7:8.1.1.1.26.2.385.1 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | B | Subpart B—Assessment Rates | § 984.347 Assessment rate. | AMS | [89 FR 93151, Nov. 26, 2024] | On and after September 1, 2024, an assessment rate of $0.0125 per inshell pound is established for California walnuts. | ||||
| 7:7:8.1.1.1.26.3.385.1 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.437 Methods for proposing names of additional candidates to be included on walnut growers' nomination ballots. | AMS | [41 FR 54476, Dec. 14, 1976, as amended at 73 FR 73997, Dec. 5, 2008; 74 FR 9047, Mar. 2, 2009] | (a) With regard to Board grower member positions specified in § 984.35(a)(5) and (b)(6), any ten or more such growers who marketed an aggregate of 500 or more tons of walnuts through handlers who did not handle 35% or more of the crop during the marketing year preceding the year in which Board nominations are held, may petition the Board to include on the nomination ballot the name of an eligible candidate for this position, and the name of an eligible candidate to serve as his or her alternate. The names of the eligible candidates proposed pursuant to this paragraph shall be included on the ballot together with the names of any incumbents who are willing to continue serving on the Board. (b) Any ten or more growers eligible to serve in the grower member positions specified in § 984.35(a)(3) and (4) or § 984.35(b)(4) and (5) and who marketed an aggregate of 500 or more tons of walnuts through handlers who did not handle 35% or more of the crop during the marketing year preceding the year in which Board nominations are held, may petition the Board to include on the nomination ballot for a district the name of an eligible candidate for the applicable position, and the name of an eligible candidate to serve as his or her alternate. The names of the eligible candidates proposed pursuant to this paragraph shall be included on the ballot together with the names of any incumbents who are willing to continue serving on the Board. (c) Petitions made pursuant to paragraphs (a) and (b) of this section shall be on forms supplied by the Board and filed no later than April 1 of the nomination year. | ||||
| 7:7:8.1.1.1.26.3.385.10 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.480 Books and other records. | AMS | [40 FR 22268, May 22, 1975, as amended at 74 FR 56697, Nov. 3, 2009] | Each handler shall maintain true and complete records of all inshell and shelled walnuts and walnut material, by categories, received, held, or disposed of by him. The records shall be maintained in such form as to permit verification of all transactions involved and shall be made available during normal business hours to authorized representatives of the Board or the Secretary of Agriculture. These records shall include the following: (a) The names and addresses of the persons from whom received, and the quantities received from each such person; (b) The names and addresses of the persons to whom disposal is made, and the quantities disposed of to each such person; (c) The quantities used by the handler for such purposes as manufacturing, production of oil, and livestock feeding; and (d) The quantities held on September 1, January 1, and April 1 of each marketing year. | ||||
| 7:7:8.1.1.1.26.3.385.2 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.445 Procedures for voting by mail, e-mail, telephone, videoconference, facsimile, or any other means of communication. | AMS | [75 FR 1527, Jan. 12, 2010] | (a) Whenever the Board votes upon any proposition by mail, e-mail, or facsimile, at least six members or alternates acting as members must vote and one dissenting vote shall prevent its adoption. Each proposition to be voted upon by mail, e-mail, or facsimile shall specify a time limit for members to vote, after which the alternates shall be given the opportunity to vote. (b) Whenever the Board conducts meetings by telephone, videoconference, or any technology that enables member interaction, the vote shall be conducted by roll call. | ||||
| 7:7:8.1.1.1.26.3.385.3 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | §§ 984.450--984.456 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.3.385.4 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.459 Reports of interhandler transfers. | AMS | [65 FR 39286, June 26, 2000, as amended at 88 FR 56750, Aug. 21, 2023] | (a) Any handler who transfers walnuts to another handler within the State of California shall submit to the Board, not later than 10 calendar days following such transfer, a report showing the following: (1) The date of transfer; (2) The net weight, in pounds, of the walnuts transferred; (3) [Reserved] (4) Whether such walnuts were inshell or shelled; (5) The name and address of the transferring handler; and (6) The name and address of the receiving handler. (b) The transferring handler shall send two copies of the report to the receiving handler at the time the report is submitted to the Board. The receiving handler shall certify, on one copy of the report, to the receipt of such walnuts and submit it to the Board within 10 calendar days after the walnuts, or copies of such report, have been received, whichever is later. | ||||
| 7:7:8.1.1.1.26.3.385.5 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.464 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.26.3.385.6 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.471 Reports of handler inventory. | AMS | [74 FR 56696, Nov. 3, 2009] | Reports of handler inventory as of September 1, January 1, and April 1 of each marketing year shall be submitted to the Board on CWB Form No. 4 for inshell walnuts and on CWB Form No. 5 for shelled walnuts, on or before September 15, January 15, and April 15 respectively, of that marketing year. | ||||
| 7:7:8.1.1.1.26.3.385.7 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.472 Reports of walnuts, received, shipped, and committed. | AMS | [88 FR 56750, Aug. 21, 2023] | (a) Reports of walnuts shipped during a month shall be submitted to the Board on California Walnut Board (CWB) Form No. 6 not later than the 5th day of the following month. Such reports shall include all shipments during the preceding month and shall show for inshell and shelled walnuts: the quantity shipped; whether they were shipped into domestic or export channels; and for exports, the quantity by country of destination. If a handler makes no shipments during any month, he/she shall submit a report marked “None.” If a handler has completed his/her shipments for the season, he/she shall mark the report “Completed,” and he/she shall not be required to submit any additional CWB Form No. 6 reports during the remainder of that marketing year. (b) Reports of walnuts purchased directly from growers by handlers who are manufacturers or retailers shall be submitted to the Board on CWB Form No. 6, not later than the 5th day of the month following the month in which the walnuts were purchased. Such reports shall show the quantity of walnuts purchased. (c) Reports of walnuts on which handlers have made purchase commitments with buyers during the month, but which have not yet been shipped, shall be submitted to the Board on CWB Form No. 6, not later than the 5th day of the month following the month in which the walnuts were committed. Such reports shall show the quantity of walnuts committed in either inshell or shelled pounds. If the handler made no commitments during any month, he/she shall mark “None” in the “Purchase Commitments” section of CWB Form No. 6. | ||||
| 7:7:8.1.1.1.26.3.385.8 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.473 Report of walnut receipts. | AMS | [40 FR 22267, May 22, 1975] | Each handler shall file a report of his walnut receipts from growers on or before January 15 of each marketing year on forms supplied by the Board. | ||||
| 7:7:8.1.1.1.26.3.385.9 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | C | Subpart C—Administrative Requirements | § 984.476 Report of walnut receipts produced outside California or the United States. | AMS | [88 FR 56750, Aug. 21, 2023] | Each handler who receives walnuts from outside California or the United States shall file with the Board, on CWB Form No. 7, a report of the receipt of such walnuts. The report shall be filed as follows: On or before December 5 for such walnuts received during the period September 1 to November 30; on or before March 5 for such walnuts received during the period December 1 to February 28 (February 29 in a leap year); on or before June 5 for such walnuts received during the period March 1 to May 31; and on or before September 5 for such walnuts received during the period June 1 to August 31. The report shall include the quantity of such walnuts received, the country of origin for such walnuts, and whether such walnuts are inshell or shelled. | ||||
| 7:7:8.1.1.1.26.4.386.1 | 7 | Agriculture | IX | 984 | PART 984—WALNUTS GROWN IN CALIFORNIA | D | Subpart D—Research and Development Requirements | § 984.546 Credit for marketing promotion activities, including paid advertising. | AMS | [86 FR 16289, Mar. 29, 2021] | (a) Timeliness of reimbursement claim and credit-back rate. For a handler to receive credit-back for his or her own marketing promotional activities pursuant to § 984.46, the Board shall determine that such expenditures meet the applicable requirements of this section. Credit-back may be granted in the form of reimbursement for all creditable expenditures paid within the applicable marketing year subject to the effective credit-back rate; Provided, that such creditable expenditures are documented to the satisfaction of the Board within 15 days after the end of that marketing year. Credit may be granted for a handler's creditable expenditures in an amount not to exceed that handler's pro-rata share of the credit-back fund. No more than 70 cents ($0.70) shall be credited back to a handler for every dollar spent on qualified activities. (b) Assessment payments. The handler assessment is due as defined in § 984.69. A handler shall be current on all assessment payments prior to receiving credit-back for creditable expenditures. (c) Handler eligibility for reimbursement. The Board shall grant credit-back for qualified activities only to the handler who performed such activities and who filed a claim for credit-back in accordance with this section. (d) Applicability to marketing year. Credit-back shall be granted only for creditable expenditures for qualified activities that are conducted and completed during the marketing year for which credit-back is requested. (e) Qualified activities. The following requirements shall apply to all creditable expenditures resulting from qualified activities: (1) Credit-back granted by the Board shall be that which is appropriate when compared to accepted professional practices and rates for the type of activity conducted. In the case of claims for credit-back activities not covered by specific and established criteria, the Board shall grant the claim if it is consistent with practices and rates for similar activities. (2) The clear and evident purpose of each qualifi… |
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