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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:8.1.1.1.30.1.465.1 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.1 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States or any officer or employee of the United States Department of Agriculture to whom authority has heretofore been delegated or to whom authority may hereafter be delegated, to act in his stead. | |||||
| 7:7:8.1.1.1.30.1.465.10 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.11 Producer. | AMS | [83 FR 53968, Oct. 26, 2018] | Producer means any person engaged in a proprietary capacity in the production of grapes which are sun-dried or dehydrated by artificial means until they become raisins. | ||||
| 7:7:8.1.1.1.30.1.465.11 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.12 Dehydrator. | AMS | Dehydrator means any person who produces raisins by dehydrating grapes by artificial means. | |||||
| 7:7:8.1.1.1.30.1.465.12 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.12a Cooperative bargaining association. | AMS | [32 FR 12158, Aug. 24, 1967] | Cooperative bargaining association means a nonprofit cooperative association of raisin producers engaged within the area in bargaining with handlers as to price and otherwise arranging for the sale of natural condition raisin of its members. | ||||
| 7:7:8.1.1.1.30.1.465.13 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.13 Processor. | AMS | [32 FR 12158, Aug. 24, 1967; 33 FR 2983, Feb. 15, 1968, as amended at 42 FR 37201, July 20, 1977] | Processor means any person who receives or acquires natural condition raisins, off-grade raisins, other failing raisins or raisin residual material and uses them or it within the area, with or without other ingredients, in the production of a product other than raisins, for market or distribution. | ||||
| 7:7:8.1.1.1.30.1.465.14 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.14 Packer. | AMS | [32 FR 12158, Aug. 24, 1967] | Packer means any person who, within the area, stems, sorts, cleans, or seeds raisins, grades stemmed raisins, or packages raisins for market as raisins: Provided, That: (a) No producer with respect to the raisins produced by him, and no group of producers with respect to raisins produced by the producers comprising the group, and not otherwise a packer, shall be deemed a packer if he or it sorts or cleans (with or without water) such raisins in their unstemmed form; (b) Any dehydrator shall be deemed to be a packer, with respect to raisins dehydrated by him, only if he stems, cleans with water subsequent to such dehydration, seeds or packages them for market as raisin; (c) The Committee may, with the approval of the Secretary restrict the exceptions as to permitted cleaning if necessary to cause delivery of sound raisins; and (d) No person shall be deemed a packer by reason of the fact he repackages for market (with or without additional preparation) packed raisins which, in the hands of a previous holder, have been inspected and certified as meeting the applicable minimum grade standards for packed raisins. | ||||
| 7:7:8.1.1.1.30.1.465.15 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.15 Handler. | AMS | [37 FR 19622, Sept. 21, 1972] | Handler means: (a) Any processor or packer; (b) any person who places, ships, or continues natural condition raisins in the current of commerce from within the area to any point outside thereof; (c) any person who delivers off-grade raisins, other failing raisins or raisin residual material to other than a packer or other than into any eligible non-normal outlet; or (d) any person who blends raisins: Provided, That blending shall not cause a person not otherwise a handler to be a handler on account of such blending if he is either: (1) A producer who, in his capacity as a producer, blends raisins entirely of his own production in the course of his usual and customary practices of preparing raisins for delivery to processors, packers, or dehydrators; (2) a person who blends raisins after they have been placed in trade channels by a packer with other such raisins in trade channels; or (3) a dehydrator who, in his capacity as a dehydrator, blends raisins entirely of his own manufacture. | ||||
| 7:7:8.1.1.1.30.1.465.16 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.16 Blend. | AMS | Blend means to mix or commingle raisins. | |||||
| 7:7:8.1.1.1.30.1.465.17 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.17 Acquire. | AMS | Acquire means to have or obtain physical possession of raisins by a handler at his packing or processing plant or at any other established receiving station operated by him: Provided, That a handler shall not be deemed to acquire any raisins (including raisins produced or dehydrated by him) while: (a) He stores them for another person or as handler-produced tonnage in compliance with the provisions of §§ 989.58 and 989.70; (b) He reconditions them, or; (c) He has them in his possession for the purpose of inspection; and Provided further, That the term shall apply only to the handler who first acquires the raisins. | |||||
| 7:7:8.1.1.1.30.1.465.18 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.18 Committee. | AMS | [41 FR 32412, Aug. 3, 1976] | Committee means the Raisin Administrative Committee established under § 989.26. | ||||
| 7:7:8.1.1.1.30.1.465.19 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.20 Ton. | AMS | Ton means a short ton of 2,000 pounds. | |||||
| 7:7:8.1.1.1.30.1.465.2 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.2 Act. | AMS | [42 FR 37201, July 20, 1977] | Act means Public Act No. 10, 73d Congress, as amended, and as re-enacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674). | ||||
| 7:7:8.1.1.1.30.1.465.20 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.21 Crop year. | AMS | [41 FR 32412, Aug. 3, 1976] | Crop year means the 12-month period beginning with August 1 of any year and ending with July 31 of the following year. | ||||
| 7:7:8.1.1.1.30.1.465.21 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.22 District. | AMS | [48 FR 32974, July 20, 1983] | District means any one of the geographical areas referred to in § 989.26, and designated in the rules and regulations. | ||||
| 7:7:8.1.1.1.30.1.465.22 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.23 File. | AMS | File means transmit or deliver to the Secretary or Committee, as the case may be, and such act shall be deemed to have been accomplished at the time: (a) Of actual receipt by the Secretary or Committee in the event of personal delivery; (b) Of receipt at the office of the telegraph company, in case submission is by telegram; or (c) Shown by the postmark, in case submission is by mail. | |||||
| 7:7:8.1.1.1.30.1.465.23 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.24 Standard raisins, off-grade raisins, other failing raisins, and raisin residual material. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 42 FR 37201, July 20, 1977] | (a) Standard raisins means raisins which meet the then effective minimum grade and condition standards for natural condition raisins. (b) Off-grade raisins means raisins which do not meet the then effective minimum grade and condition standards for natural condition raisins: Provided, That raisins which are certified as off-grade raisins shall continue to be such until successfully reconditioned or become “other failing raisins.” (c) Other failing raisins means any raisins received or acquired by a handler, either as standard raisins or off-grade raisins, which are processed to a point where they qualify as packed raisins but fail to meet the applicable minimum grade standards for packed raisins. (d) Raisin residual material means defective raisins, stemmer waste, sweepings, and other residue accumulated by a handler from reconditioning raisins or from processing standard raisins and other failing raisins. | ||||
| 7:7:8.1.1.1.30.1.465.24 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.24a Non-normal outlets. | AMS | [29 FR 9483, July 11, 1964] | Non-normal outlets means outlets other than those customarily used for commercial disposition of raisins meeting the then applicable minimum standards for natural condition raisins or packed raisins. | ||||
| 7:7:8.1.1.1.30.1.465.25 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.25 Part and subpart. | AMS | Part means the order regulating the handling of raisins produced from grapes grown in California, and all rules, regulations, and supplementary orders issued thereunder. This order regulating the handling of raisins produced from grapes grown in California shall be a subpart of such part. | |||||
| 7:7:8.1.1.1.30.1.465.3 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.3 Person. | AMS | Person means an individual, partnership, corporation, association, or any other business unit. | |||||
| 7:7:8.1.1.1.30.1.465.4 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.4 Area. | AMS | Area means the State of California. | |||||
| 7:7:8.1.1.1.30.1.465.5 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.5 Raisins. | AMS | [37 FR 19622, Sept. 21, 1972] | Raisins means grapes of any variety grown in the area, from which a significant part of the natural moisture has been removed by sun-drying or artificial dehydration, either prior to or after such grapes have been removed from the vines. Removal of a significant part of the natural moisture means removal which has progressed to the point where the grape skin develops wrinkles characteristic of wrinkles in fully formed raisins. | ||||
| 7:7:8.1.1.1.30.1.465.6 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.7 Golden Seedless raisins. | AMS | Golden Seedless raisins means raisins, the production of which includes soda dipping, sulfuring, and artificial dehydration. | |||||
| 7:7:8.1.1.1.30.1.465.7 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.8 Natural condition raisins. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 42 FR 37201, July 20, 1977] | Natural condition raisins means raisins the production of which includes sun-drying or artificial dehydration but which have not been further processed to a point where they meet any of the conditions for “packed raisins”, as defined in § 989.9. | ||||
| 7:7:8.1.1.1.30.1.465.8 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.9 Packed raisins. | AMS | Packed raisins means raisins which have been stemmed, graded, sorted, cleaned, or seeded, and placed in any container customarily used in the marketing of raisins or in any container suitable or usable for such marketing. Raisins in the process of being packed or raisins which are partially packed shall be subject to the same requirements as packed raisins. | |||||
| 7:7:8.1.1.1.30.1.465.9 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.10 Varietal types. | AMS | [48 FR 32974, July 20, 1983] | Varietal types means raisins generally recognized as possessing characteristics differing from other raisins in a degree sufficient to make necessary or desirable separate identification and classification. Varietal types are the following: Natural (sun-dried) Seedless, Dipped Seedless, Golden Seedless, Muscats (including other raisins with seeds), Sultana, Zante Currant, Monukka, and Oleate and Related Seedless: Provided, That the Committee may, subject to approval of the Secretary, change this list of varietal types. | ||||
| 7:7:8.1.1.1.30.1.466.26 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.26 Establishment and membership. | AMS | [48 FR 32974, July 20, 1983] | A Raisin Administrative Committee is hereby established consisting of 47 members of whom 35 shall represent producers, 10 shall represent handlers, 1 shall represent the cooperative bargaining association(s) and 1 shall be a public member. The producer members shall be selected as follows: (a) Producer members representing the cooperative marketing association(s) shall be members of such association(s) engaged in the handling of raisins, each of which acquired not less than 10 percent of the total raisin acquisitions during the preceding crop year, and those members shall be equal to the product, rounded to the nearest whole number, obtained by multiplying 35 by the ratio the cooperative marketing association(s) raisin acquisitions are to the acquisitions of all handlers during the preceding crop year. (b) Producer members representing cooperative bargaining association(s) shall be members of such associations, and the number of those members shall be equal to the product, rounded to the nearest whole number, obtained by multiplying 35 by the ratio the raisins acquired by handlers from bargaining association members are to the total acquisitions of all handlers during the preceding crop year. (c) All other producer members who shall not be members of a cooperative bargaining association(s), cooperative marketing association(s) engaged in the handling of raisins which acquired 10 percent or more of the total acquisitions during the preceding crop year, nor sold for cash to cooperative marketing association(s), shall represent all producers not defined in paragraph (a) or (b) of this section and shall be selected in the number and, when appropriate, for the districts as designated in the rules and regulations. (d) The handler members shall be divided into two groups and include the following: (1) Handler members shall be selected from and represent cooperative marketing association(s) engaged in the handling of raisins each of which acquired not less than 10 percent of the total raisin acquisitions during the … | ||||
| 7:7:8.1.1.1.30.1.466.27 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.27 Eligibility. | AMS | [48 FR 32974, July 20, 1983] | No person shall be selected or continue to serve as a member or alternate member of the Committee who is not actively engaged in the business of the group which he represents either in his own behalf, or as an officer, agent, or employee of a business unit engaged in such business: Provided, That only producers, as defined in § 989.11, engaged as such with respect to the most recent grape crop, are eligible to serve on the Committee. Only handlers who packed or processed raisins during the then current crop year shall be eligible to represent handlers on the Committee. Any handler eligible to represent a particular group shall continue to represent handlers for the entire term for which he was selected. | ||||
| 7:7:8.1.1.1.30.1.466.28 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.28 Term of office. | AMS | [48 FR 32975, July 20, 1983] | The term of office of all representatives serving on the Committee shall be for two years and shall end on April 30 of even numbered calendar years, but each such member and alternate member shall continue to serve until their successor is selected and has qualified. | ||||
| 7:7:8.1.1.1.30.1.466.29 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.29 Initial members and nomination of successor members. | AMS | [48 FR 32975, July 20, 1983, as amended at 54 FR 34137, Aug. 18, 1989; 83 FR 53968, Oct. 26, 2018] | (a) Initial members. Members and alternate members of the Committee serving immediately prior to the effective date of this amended subpart shall, if thereafter they are eligible, serve on the Committee until April 30, 1984, and until their respective successors have been selected and qualified. (b) Nominations for successor members. Nominations for successor members and alternate members of the Committee shall be made as follows: (1) The Committee shall notify the cooperative marketing association(s) engaged in handling not less than 10 percent of the total raisin acquisitions during the preceding crop year, and cooperative bargaining association(s), of the date by which nominations to fill member and alternate member positions shall be made. The Committee shall give reasonable publicity of a meeting or meetings of producers who are not members of cooperative bargaining association(s), or cooperative marketing association(s) which handled 10 percent or more of the total raisin acquisitions during the preceding crop year, and of independent handlers and cooperative marketing association(s) who handled less than 10 percent of the total raisin acquisitions during the preceding crop year, for the purpose of making nominations to fill the member and alternate member positions prescribed in § 989.26 (c) and (d): Provided, That member and alternate member nominations by independent handlers and cooperative marketing association(s) who acquired less than 10 percent of the total raisin acquisitions during the preceding crop year may be made to the Committee by mail in lieu of meetings. (2)(i) Any producer representing independent producer and producers who are affiliated with cooperative marketing association(s) handling less than 10 percent of the total raisin acquisitions during the preceding crop year must have produced grapes which were made into raisins in the particular district for which they are nominated to represent said district as a producer member or alternate producer member on the Committee. In t… | ||||
| 7:7:8.1.1.1.30.1.466.30 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.30 Selection. | AMS | [48 FR 32975, July 20, 1983] | The Secretary shall select producer, handler, cooperative bargaining association(s), and public members and alternate members in the number specified in 989.26, as applicable, and with the qualifications specified in § 989.27. Such selections may be made from nominations certified pursuant to § 989.29 or from other eligible producers, handlers, or cooperative bargaining association(s) officers or employees. | ||||
| 7:7:8.1.1.1.30.1.466.31 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.31 Failure to nominate. | AMS | [41 FR 32412, Aug. 3, 1976] | In the event nomination for a member or alternate member position on the Committee is not certified pursuant to and within the time specified in § 989.29, the Secretary may select an eligible person to fill such position without regard to nomination. | ||||
| 7:7:8.1.1.1.30.1.466.32 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.32 Acceptance. | AMS | [48 FR 32975, July 20, 1983] | Each person to be selected by the Secretary as a member or as an alternate member of the Committee shall, prior to such selection, qualify by advising the Secretary that he/she agrees to serve in the position for which nominated for selection. | ||||
| 7:7:8.1.1.1.30.1.466.33 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.33 Alternate members. | AMS | [41 FR 32412, Aug. 3, 1976] | The alternate for a member of the Committee shall act in the place and stead of such member (a) during his absence, and (b) in the event of his removal, resignation, disqualification, or death, until a successor for such member's unexpired term has been selected and has qualified. | ||||
| 7:7:8.1.1.1.30.1.466.34 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.34 Vacancies. | AMS | [41 FR 32412, Aug. 3, 1976] | To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the Committee to qualify, or in the event of the removal, resignation, disqualification, or death of any member or alternate member, a successor for such person's unexpired term shall be nominated and selected in the manner set forth in §§ 989.29 and 989.30, insofar as such provisions are applicable. If nomination to fill any vacancy is not filed within 40 calendar days after such vacancy occurs, the Secretary may select an eligible person to fill such vacancy without regard to nomination. | ||||
| 7:7:8.1.1.1.30.1.466.35 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.35 Powers. | AMS | [41 FR 32412, Aug. 3, 1976, as amended at 48 FR 32975, July 20, 1983] | The Committee shall have the following powers: (a) To administer the terms and provisions of this part; (b) To make rules and regulations to effectuate the terms and provisions of this part; (c) To recommend to the Secretary amendments to this part; and (d) To receive, investigate, and report to the Secretary complaints of violations of this part. | ||||
| 7:7:8.1.1.1.30.1.466.36 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.36 Duties. | AMS | [41 FR 32412, Aug. 3, 1976, as amended at 48 FR 32975, July 20, 1983] | The Committee shall have, among others, the following duties: (a) To act as intermediary between the Secretary and any producer, packer, dehydrator, processor or cooperative bargaining association; (b) To investigate compliance and to use means available to it to prevent violations of this part; (c) To keep minutes, books, and other records, which shall clearly reflect all of its acts and transactions, and such minutes, books, and other records shall be subject to examination by the Secretary at any time; (d) To investigate and assemble data on the production, handling and market conditions with respect to raisins; (e) To submit to the Secretary such available information with respect to raisins and grapes as he may request, and such other information as the Committee may deem desirable and pertinent; (f) To select from among its members a chairman and other officers, and to adopt such rules and regulations for the conduct of its business as it may deem advisable; (g) To appoint or employ such other persons as it may deem necessary, and to determine the salaries and define the duties of each such person; (h) To cause the books of the Committee to be audited by certified public accountants at least once each year, or at such other times as the Committee may deem necessary or as the Secretary may request, and the report of each such audit shall show, among other things, the receipts and expenditures of funds, and at least two copies of each such audit shall be submitted to the Secretary; (i) To prepare quarterly statements of its financial operations and make such statements, together with the minutes of its meetings, available at the office of the Committee for inspection by producers, handlers and dehydrators; (j) To give reasonable advance notice of the times, places, and purposes of its meetings by mail or other appropriate means to each member and alternate member and such notice shall be given as widespread publicity as is practicable; (k) To conduct meetings for the purpose of making nominations f… | ||||
| 7:7:8.1.1.1.30.1.466.37 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.37 Obligation. | AMS | [41 FR 32412, Aug. 3, 1976] | Upon the removal, resignation, disqualification, or expiration of the term of office of any member or alternate member, such member or alternate member shall account for all receipts and disbursements and deliver to his successor, to the Committee, or to a designee of the Secretary all property (including, but not limited to, all books and records) in his possession or under his control as member or alternate member, and he shall execute such assignments and other instruments as may be necessary or appropriate to vest in such successor, Committee, or designee full title to such property and funds, and all claims vested in such member or alternate member. Upon the death of any member or alternate member of the Committee, full title to such property, funds, and claims vested in such member or alternate member shall be vested in his successor or, until such successor has been selected and has qualified, in the Committee. | ||||
| 7:7:8.1.1.1.30.1.466.38 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.38 Procedure. | AMS | [48 FR 32976, July 20, 1983] | The Committee shall meet at the call of the chairman, or vice-chairman when acting as chairman, or at the call of any three members. All decisions of the Committee reached shall be by majority vote of the members present. All votes shall be cast in person and a quorum must be present. The presence of 25 members shall be required to constitute a quorum. The Committee shall give to the Secretary the same notice of meetings of the Committee as it gives to its members. | ||||
| 7:7:8.1.1.1.30.1.466.39 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.39 Compensation and expenses. | AMS | [54 FR 34137, Aug. 18, 1989] | The members and alternate members of the Committee shall serve without compensation, but shall be allowed their necessary expenses as approved by the Committee. | ||||
| 7:7:8.1.1.1.30.1.467.40 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.53 Research and development. | AMS | [48 FR 32976, July 20, 1983, as amended at 83 FR 53969, Oct. 26, 2018] | (a) General. The Committee, with the approval of the Secretary, may establish or provide for the establishment of projects involving production research, market research and development, marketing promotion including paid advertising, designed to assist, improve, or promote the production, marketing, distribution, and consumption of raisins in domestic and foreign markets. These projects may include, but need not be limited to those designed to: (1) Improve through research the accuracy of raisin production estimates; (2) Improve through research the preparation for market, sanitation, quality, condition, storability, processing, or packaging of raisins; (3) Ascertain through research the factors affecting acceptance of raisins by manufacturers or consumers; (4) Promote the marketing, distribution, or consumption of raisins in domestic and foreign markets by collecting data thereon, consulting with members of the trade, and making the information available to producers, handlers, and exporters; and (5) Promote the marketing, distribution, or consumption of raisins in foreign markets through the use of merchandising programs. (b) Creditable expenditures. The Committee, with the approval of the Secretary, may provide for crediting all or any portion of a handler's direct expenditures for marketing promotion, including paid advertising, that promotes the sale of raisins, raisin products, or their use. No handler shall receive credit for any allowable direct expenditures that would exceed the total of his assessment obligation which is attributable to that portion of his assessment designated for marketing promotion including paid advertising. (c) Criteria. Before any project involving marketing promotion, including paid advertising, and the crediting of the handler's pro rata expense assessment obligation of handlers is undertaken pursuant to this section, the Secretary after recommendation by the Committee, shall approve appropriate criteria to effectively regulate such activity. | ||||
| 7:7:8.1.1.1.30.1.468.41 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.54 Marketing policy. | AMS | [48 FR 32976, July 20, 1983, as amended at 50 FR 1831, Jan. 14, 1985; 54 FR 24670, June 9, 1989; 83 FR 53969, Oct. 26, 2018] | (a) Marketing policy. Each crop year, the Committee shall prepare and submit to the Secretary a report setting forth its recommended marketing policy, including quality regulations for the pending crop. In developing the marketing policy, the Committee may give consideration to the production, harvesting, processing, and storage conditions of that crop, as well as the following factors: (1) The estimated tonnage held by producers and handlers at the beginning of the crop year; (2) The expected general quality and any modifications of the minimum grade standards; (3) The estimated tonnage of standard and off-grade raisins which will be produced; (4) An estimated desirable carryout at the end of the crop year; (5) The estimated market demand for raisins, considering the estimated world raisin supply and demand situation; (6) Current prices being received and the probable general level of prices to be received for raisins by producers and handlers; (7) The trend and level of consumer income; (8) Any prohibition of trade practices, pursuant to § 989.62 intended for the crop year; and (9) Any other pertinent factors bearing on the marketing of raisins including the estimated supply of and demand for other varietal types and regulations applicable thereto. (b) Modification. In the event the Committee subsequently deems it advisable to modify its marketing policy on any crop, because of national emergency, crop failure, or other major change in economic conditions, it shall hold a meeting for that purpose, and file a report thereof with the Secretary within 5 days (exclusive of Saturdays, Sundays, and holidays) after the holding of such meeting, which report shall show such modification and the basis therefor. (c) Publicity. The Committee shall promptly give reasonable publicity to producers, dehydrators, handlers, and the cooperative bargaining association(s) of each meeting to consider a marketing policy or any modification thereof, and each such meeting shall be open to them. Similar publicity shall … | ||||
| 7:7:8.1.1.1.30.1.468.42 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | §§ 989.55-989.56 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.30.1.469.43 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.58 Natural condition raisins. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 29 FR 9483, July 11, 1964; 32 FR 12161, Aug. 24, 1967; 32 FR 18086, Dec. 19, 1967; 42 FR 37201, July 20, 1977; 83 FR 53969, 53973, Oct. 26, 2018; 88 FR 82236, Nov. 24, 2023] | (a) Regulation. No handler shall acquire or receive natural condition raisins which fail to meet such minimum grade, quality, and condition standards as the Committee may establish, with the approval of the Secretary, in applicable rules and regulations: Provided, That a handler may receive raisins for inspection, may receive off-grade raisins for reconditioning and may receive or acquire off-grade raisins for use in eligible non-normal outlets: And provided further, That a handler may acquire natural condition raisins which exceed the tolerance established for maturity under a weight dockage system established pursuant to rules and regulations recommended by the Committee and approved by the Secretary. Nothing contained in this paragraph shall apply to the acquisition or receipt of natural condition raisins of a particular varietal type for which minimum grade, quality, and condition standards are not applicable or then in effect pursuant to this part. (b) Changes in minimum grade, quality, and condition standards for natural condition raisins. The Committee may recommend to the Secretary changes in the minimum grade, quality, and condition standards for natural condition raisins of any varietal type and may recommend to the Secretary that minimum grade, quality, and condition standards for any varietal type be added to or deleted. The Committee shall submit with its recommendation all data and information upon which it acted in making its recommendation, and such other information as the Secretary may request. The Secretary shall approve any such change if he finds, upon the basis of data submitted to him by the Committee or from other pertinent information available to him, that to do so would tend to effectuate the declared policy of the Act. (c) Publicity and notice. The Committee shall give prompt and reasonable publicity to producer, dehydrators, and handlers of each recommendation submitted by it to the Secretary and of each regulation issued by the Secretary. Notice of such regulation shall b… | ||||
| 7:7:8.1.1.1.30.1.469.44 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.59 Regulation of the handling of raisins subsequent to their acquisition by handlers. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 32 FR 12161, Aug. 24, 1967; 37 FR 19622, Sept. 21, 1972; 42 FR 37202, July 20, 1977; 83 FR 53970, 53973, Oct. 26, 2018] | (a) Regulation. Unless otherwise provided in this part, no handler shall: (1) Ship or otherwise make final disposition of natural condition raisins unless they at least meet the effective and applicable minimum grade, quality, and condition standards for natural condition raisins; or (2) Ship or otherwise make final disposition of packed raisins unless they at least meet such minimum grade quality, and condition standards established by the Committee, with the approval of the Secretary, in applicable rules and regulations or as later changed or prescribed pursuant to the provisions of paragraph (b) of this section: Provided, That nothing contained in this paragraph shall prohibit the shipment or final disposition of any raisins of a particular varietal type for which minimum standards are not applicable or then in effect pursuant to this part. And provided further, That a handler may grind raisins, which do not meet the minimum grade, quality, and condition standards for packed raisins because of mechanical damage or sugaring, into a raisin paste. The Committee may establish, with approval of the Secretary, different grade, quality, and condition regulations for different markets. (b) Changes to minimum grade, quality, or condition standards. The Committee may recommend changes in the minimum grade, quality, or condition standards for packed raisins of any varietal type and may recommend to the Secretary that minimum grade, quality, or condition standards for any varietal type be added or deleted. The Committee shall submit with its recommendation all data and information upon which it acted in making its recommendation, and such other information as the Secretary may request. The Secretary shall approve any such change if he finds, upon the basis of data submitted to him by the Committee or from other pertinent information available to him, that to do so would tend to effectuate the declared policy of the Act. (c) Publicity and notice. The Committee shall give prompt and reasonable notice to produc… | ||||
| 7:7:8.1.1.1.30.1.469.45 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.60 Exemption. | AMS | [29 FR 9484, July 11, 1964, as amended at 32 FR 18086, Dec. 19, 1967; 37 FR 19623, Sept. 21, 1972; 42 FR 37202, July 20, 1977; 83 FR 53971, Oct. 26, 2018] | (a) Notwithstanding any other provisions of this amended subpart, the Committee may establish, with the approval of the Secretary, such rules and procedures as may be necessary to permit the acquisition and disposition of any off-grade raisins, free from any or all regulations, for uses in non-normal outlets. (b) The Committee may establish, with the approval of the Secretary, such rules and procedures as may be necessary to exempt from any or all regulations raisins produced in southern California (i.e., the counties of Riverside, Imperial, San Bernardino, Ventura, Orange, Los Angeles, and San Diego) and disposed of for distillation, livestock feed, or by export in natural condition to Mexico. (c) The Committee may designate such raisins as it deems appropriate for production, processing, and marketing research and development. The period of such designation shall be for not more than five years unless extended by the Committee. The volume which may be acquired by all handlers shall not exceed 500 natural condition tons annually for each designated project, unless increased by the Secretary upon a recommendation of the Committee. Such designated raisins may be acquired and disposed of free from those regulations specified by the Committee. In any crop year, when the total industry acquisitions of the designated raisins exceed 500 natural condition tons or a larger quantity approved by the Secretary upon a recommendation of the Committee, the exemption shall not apply. | ||||
| 7:7:8.1.1.1.30.1.469.46 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.61 Above parity situations. | AMS | [83 FR 53971, Oct. 26, 2018] | The provisions of this part relating to minimum grade, quality, and condition standards and inspection requirements, within the meaning of section 2(3) of the Act, and any other provisions pertaining to the administration and enforcement of the Order, shall continue in effect irrespective of whether the estimated season average price to producers for raisins is in excess of the parity level specified in section 2(1) of the Act. | ||||
| 7:7:8.1.1.1.30.1.470.47 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.62 Authorization for prohibition of trade practices. | AMS | 25 FR 12813, Dec. 14, 1960; 27 FR 2506, Mar. 16, 1962, as amended at 84 FR 30863, June 28, 2019] | Whenever the Secretary finds, upon recommendation of the Committee or other information, that continuance of certain practices in trade channels would tend to interfere with the achieving of the objectives of this part, he may prohibit handlers from using such practices, for any crop year or portion thereof, in selling raisins in containers exceeding four pounds net weight. The prohibited practices may include: (a) Any provision within or added to a sales contract, or action or agreement outside such contract, whereby the handler is obligated to reflect declines in market prices of raisins by charging the buyer a subsequent market price in lieu of the sales price specified in the contract. (b)(1) Any agreement in an undertaking to hold raisins in reserve for possible future delivery to a buyer, or action or agreement outside such undertaking, whereby the handler is obligated to not reflect increases in market prices by charging the buyer a price specified in the agreement. (2) Prior to any such practices being prohibited in any crop year, the Committee shall recommend, for the approval of the Secretary, such rules and procedures and such record keeping requirements as are necessary to administer these prohibitions and obtain compliance therewith. | ||||
| 7:7:8.1.1.1.30.1.470.48 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | §§ 989.65-989.72 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.30.1.471.49 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.73 Reports. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 32 FR 12164, Aug. 24, 1967; 32 FR 18086, Dec. 19, 1967; 48 FR 32978, July 20, 1983; 83 FR 53971, Oct. 26, 2018] | (a) Inventory reports. Each handler shall, upon request of the Committee, file promptly with the Committee a certified report, showing such information as the Committee shall specify with respect to any raisins which were held by him on a date designated by the Committee, which information as specified may include, but not be limited to: (1) The quantity of any raisins so held, segregated as to varietal type, natural condition, packed, standard quality or off-grade quality; and (2) The locations of the raisins. (b) Acquisition reports. Each handler shall submit to the Committee in accordance with such rules and procedures as are prescribed by the Committee, with the approval of the Secretary, certified reports, for such periods as the Committee may require, with respect to his acquisitions of each varietal type of raisins during the particular period covered by such report, which report shall include, but not be limited to: (1) The total quantity of standard raisins acquired; (2) The total quantity of off-grade raisins acquired pursuant to § 989.58(e)(1)(i); and (3) Cumulative totals of such acquisitions from the beginning of the then current crop year to and including the end of the period for which the report is made. Upon written application made to the Committee, a handler may be relieved of submitting such reports after completing his packing operations for the season. Upon request of the Committee, each handler shall furnish to the Committee, in such manner and at such times as it may require, the name and address of each person from whom he acquired raisins and the quantity of each varietal type of raisins acquired from each such person. (c) Each handler shall file such reports of creditable promotion including paid advertising as recommended by the Committee and approved by the Secretary. (d) Other reports. Upon the request of the Committee, with the approval of the Secretary, each handler shall furnish to the Committee such other information as may be necessary to enable it to exercise its … | ||||
| 7:7:8.1.1.1.30.1.471.50 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.75 Confidential information. | AMS | All reports and records furnished or submitted by a handler to the Committee shall be received by, and at all times kept under the custody or control of, one or more employees of the Committee, who shall disclose to no person, except the Secretary upon request therefor, data or information obtained or extracted therefrom which would constitute a trade secret or the disclosure of which might affect the trade position, financial condition, or business operations of the particular handler from whom received: Provided, That the Committee may require such an employee to disclose to it, or to any person designated by it or by the Secretary, information and data of a general nature, compilations of data affecting handlers as a group, and any data affecting one or more handlers, so long as the identity of the individual handlers involved is not disclosed. | |||||
| 7:7:8.1.1.1.30.1.471.51 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.76 Records. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 48 FR 32978, July 20, 1983] | Each handler shall maintain such records of all raisins received, and of all raisins acquired, by him as prescribed by the Committee. Such records shall include, but not be limited to, the quantity of raisins of each varietal type acquired from each person and the name and address of each such person, total acquisitions, total sales, and total other disposition of each varietal type which he handles, and each handler shall maintain such records for at least two years after the termination of the crop year in which the transactions occurred. The Committee, with the approval of the Secretary, may prescribe rules and regulations to include under this section handler records that detail promotion and advertising activities which the Committee may need to perform its functions under § 989.53. | ||||
| 7:7:8.1.1.1.30.1.471.52 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.77 Verification of reports and records. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 48 FR 32978, July 20, 1983] | For the purpose of checking and verifying reports filed by handlers and records prescribed in or pursuant to this amended subpart, the Committee, through its duly authorized representatives, shall have access to any handler's premises during regular business hours and shall be permitted at any such times to inspect such premises and any raisins held by such handler, and any and all records of the handler with respect to the holding or disposition of raisins by him and promotion and advertising activities conducted by handlers under § 989.53. Each handler shall furnish all labor and equipment necessary to make such inspections. Each handler shall store raisins in a manner which will facilitate inspection, and shall maintain storage records which will permit accurate identification of raisins held by him or theretofore disposed of. Insofar as is practicable and consistent with the carrying out of the provisions of this amended subpart, all data and information obtained or received through checking and verification of reports and records shall be treated as confidential information. | ||||
| 7:7:8.1.1.1.30.1.472.53 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.79 Expenses. | AMS | [83 FR 53971, Oct. 26, 2018] | The Committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by it during each crop year, for the maintenance and functioning of the Committee and for such purposes as he may, pursuant to this subpart, determine to be appropriate. The funds to cover such expenses shall be obtained levying assessments as provided in § 989.80. The Committee shall file with the Secretary for each crop year a proposed budget of these expenses and a proposal as to the assessment rate to be fixed pursuant to § 989.80, together with a report thereon. Such filing shall be not later than October 5 of the crop year, but this date may be extended by the Committee not more than 5 days if warranted by a late crop. | ||||
| 7:7:8.1.1.1.30.1.472.54 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.80 Assessments. | AMS | [29 FR 9484, July 11, 1964, as amended at 32 FR 12165, Aug. 24, 1967; 42 FR 37202, July 20, 1977; 48 FR 32978, July 20, 1983; 81 FR 44764, July 11, 2016; 83 FR 53971, Oct. 26, 2018; 86 FR 26438, May 14, 2021] | (a) Each handler shall pay to the Committee, upon demand, his pro rata share of the expenses which the Secretary finds will be incurred, as aforesaid, by the Committee during each crop year less any amounts credited pursuant to § 989.53. Such handler's pro rata share of such expenses shall be equal to the ratio between the total raisin tonnage acquired by such handler during the applicable crop year and the total raisin tonnage acquired by all handlers during the same crop year. (b) Each handler who reconditions off-grade raisins but does not acquire the standard raisins recovered therefrom shall, with respect to his assessable portion of all such standard raisins, pay to the Committee, upon demand, his pro rata share of the expenses which the Secretary finds will be incurred by the Committee each crop year. Such handler's pro rata share of such expenses shall be equal to the ratio between the handler's assessable portion (which shall be a quantity equal to such handler's standard raisins which are acquired by some other handler or handlers) during the applicable crop year and the total raisin tonnage acquired by all handlers. (c) The Secretary shall fix the rate of assessment to be paid by all handlers on the basis of a specified rate per ton. At any time during or after a crop year, the Secretary may increase the rate of assessment to obtain sufficient funds to cover any later finding by the Secretary relative to the expenses of the committee. Each handler shall pay such additional assessment to the committee upon demand. In order to provide funds to carry out the functions of the committee, the committee may accept advance payments from any handler to be credited toward such assessments as may be levied pursuant to this section against such handler during the crop year. In the event cash flow needs of the committee are above cash available generated by handler assessments, the committee may borrow from a commercial lending institution. The payment of assessments for the maintenance and functioning of the com… | ||||
| 7:7:8.1.1.1.30.1.472.55 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.81 Accounting. | AMS | [25 FR 12813, Dec. 14, 1960; 27 FR 2506, Mar. 16, 1962, as amended at 81 FR 44764, July 11, 2016] | (a) If, at the end of the crop 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 (a)(2) of this section, it shall be refunded proportionately to the persons from whom collected in accordance with § 989.80; Provided, That any sum paid by a person in excess of his or her pro rata share of expenses during any crop year may be applied by the Committee at the end of such crop year as credit for such person, toward the Committee's administrative operations for the following crop year; Provided further, That the Committee may credit the excess to any outstanding obligations due the Committee from such person. (2) The Committee may carry over such excess funds into subsequent crop years as a reserve; Provided, That funds already in the reserve do not exceed one crop year's budgeted expenses as averaged over the past six years. In the event that funds exceed one crop year's expenses, funds in excess of one crop year's budgeted expenses shall be distributed in accordance with paragraph (a)(1) of this section. Such funds may be used: (i) To defray essential administrative expenses ( i.e., staff wages/salaries and related benefits, office rent, utilities, postage, insurance, legal expenses, audit costs, consulting, Web site operation and maintenance, office supplies, repairs and maintenance, equipment leases, domestic staff travel and Committee mileage reimbursement, international Committee travel, international staff travel, bank charges, computer software and programming, costs of compliance activities, and other similar essential administrative expenses) exclusive of promotional expenses during any crop year, prior to the time assessment income is sufficient to cover such expenses; (ii) To cover deficits incurred during any period when assessment income is less than expenses; (iii) To defray expenses incurred during any period when any or all pr… | ||||
| 7:7:8.1.1.1.30.1.472.56 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.82 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.30.1.472.57 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.83 Funds. | AMS | All funds received by the Committee pursuant to the provisions of this part, shall be used solely for the purposes authorized, and shall be accounted for in the manner provided, in this part. The Secretary may, at any time, require the Committee and its members and alternate members to account for all receipts and disbursements. | |||||
| 7:7:8.1.1.1.30.1.473.58 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.84 Disposition limitation. | AMS | [83 FR 53972, Oct. 26, 2018] | No handler shall dispose of standard raisins, off-grade raisins, or other failing raisins, except in accordance with the provisions of this subpart or pursuant to regulations issued by the Committee. | ||||
| 7:7:8.1.1.1.30.1.473.59 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.85 Personal liability. | AMS | [41 FR 32417, Aug. 3, 1976, as amended at 48 FR 32978, July 20, 1983] | No member or alternate member of the Committee or 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 member, employee, or agent, except for acts of dishonesty. | ||||
| 7:7:8.1.1.1.30.1.473.60 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.86 Separability. | AMS | If any provision of this amended subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this amended subpart or the applicability thereof to any other person, circumstance, or thing shall not be affected thereby. | |||||
| 7:7:8.1.1.1.30.1.473.61 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.87 Derogation. | AMS | Nothing contained in this amended 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. | |||||
| 7:7:8.1.1.1.30.1.473.62 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.88 Duration of immunities. | AMS | The benefits, privileges, and immunities conferred upon any person by virtue of this amended subpart shall cease upon the termination of this amended subpart, except with respect to acts done under and during the existence of this subpart. | |||||
| 7:7:8.1.1.1.30.1.473.63 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.89 Agents. | AMS | The Secretary may, by a designation in writing, name any person, including any officer or employee of the United States Government, or name any bureau or division in the United States Department of Agriculture, to act as his agent or representative in connection with any of the provisions of this amended subpart. | |||||
| 7:7:8.1.1.1.30.1.473.64 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.90 Effective time. | AMS | The provisions of this amended subpart, as well as any amendments to this amended subpart shall become effective at such time as the Secretary may declare, and shall continue in force until terminated, or during suspension, in one of the ways specified in § 989.91. | |||||
| 7:7:8.1.1.1.30.1.473.65 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.91 Suspension or termination. | AMS | [25 FR 12813, Dec. 14, 1960, as amended at 41 FR 32417, Aug. 3, 1976; 83 FR 53972, Oct. 26, 2018] | (a) The Secretary may, at any time, terminate the provisions of this amended subpart by giving at least one day's notice by means of a press release or in any other manner which he may determine. (b) The Secretary shall terminate or suspend the operation of any or all of the provisions of this amended subpart, whenever he finds that such provisions do not tend to effectuate the declared policy of the act. (c) No less than five crop years and no later than six crop years after 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 crop years thereafter. The Secretary may terminate the provisions of this part at the end of any crop year in which the Secretary has found that continuance of this part is not favored by a two-thirds majority of voting producers, or a two-thirds majority of volume represented thereby, who, during a representative period determined by the Secretary, have been engaged in the production for market of grapes used in the production of raisins in the State of California. Such termination shall be announced on or before the end of the crop year. (d) The Secretary shall terminate the provisions of this amended subpart at the end of any crop year whenever he finds that such termination is favored by a majority of the producers who, during a representative period determined by the Secretary, have been engaged in the production for market of grapes used in the production of raisins in the State of California: Provided, That such majority have, during such representative period, produced for market more than 50 percent of the volume of such grapes produced for market within said State; but such termination shall be effective only if announced before July 31 of the then current crop year. (e) The provisions of this amended subpart shall, in any event, terminate whenever the provisions of the act authorizing them cease to be in… | ||||
| 7:7:8.1.1.1.30.1.473.66 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.92 Proceedings after termination. | AMS | (a) Upon the termination of the provisions of this amended subpart, the members of the Committee then functioning shall continue as joint trustees for the purpose of liquidating the affairs of the Committee, of all funds and property then in the possession or under the control of the Committee, including claims for any funds unpaid or property not delivered at the time of such termination. Action by said trusteeship shall require the concurrence of a majority of the said trustees. (b) Said trustees shall continue in such capacity until discharged by the Secretary; shall, from time to time, account for all receipts and disbursements and deliver all property on hand, together with all books and records of the Committee and the joint trustees, to such person as the Secretary may direct; and shall, upon the request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person full title and right to all of the funds, property, and claims vested in the Committee or the joint trustees pursuant to this subpart. (c) Any person to whom funds, property or claims have been transferred or delivered by the Committee or its members, pursuant to this section, shall be subject to the same obligations imposed upon the members of the said Committee and upon said joint trustees. | |||||
| 7:7:8.1.1.1.30.1.473.67 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.93 Effect of termination or amendment. | AMS | Unless otherwise expressly provided by the Secretary, the termination of this amended subpart or any regulation issued pursuant to this amended 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 amended subpart or any regulation issued under this amended subpart, (b) release or extinguish any violation of this amended subpart, or of any regulation issued under this amended subpart, or (c) affect or impair any rights or remedies of the Secretary or of any other person, with respect to any such violation. | |||||
| 7:7:8.1.1.1.30.1.473.68 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.94 Amendments. | AMS | Amendments to this amended subpart may be proposed from time to time, by any person or by the Committee. | |||||
| 7:7:8.1.1.1.30.1.473.69 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.95 Right of Secretary. | AMS | [41 FR 32417, Aug. 3, 1976, as amended at 48 FR 32978, July 20, 1983] | The members of the Committee (including alternates and successors) and any agent or employee appointed or employed by the Committee, shall be subject to removal or suspension by the Secretary, in his discretion, at any time. Every decision, determination, or other act of the Committee shall be subject to the continuing right of the Secretary to disapprove of the same at any time. Upon such disapproval, the disapproved action of the Committee shall be deemed null and void. | ||||
| 7:7:8.1.1.1.30.1.473.70 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | A | Subpart A—Order Regulating Handling | § 989.96 Storage of raisins held on memorandum receipt and of packer-owned tonnage. | AMS | [25 FR 12813, Dec. 14, 1960. Redesignated at 83 FR 53971, Oct. 26, 2018] | All raisins stored by a handler for another person on memorandum or warehouse receipt, or raisins produced and stored by a handler, shall be stored separate and apart from other raisins and shall be clearly marked or tagged as raisins stored on memorandum or warehouse receipt or as raisins produced by the handler but not acquired by him in his capacity as a handler. | ||||
| 7:7:8.1.1.1.30.2.474.1 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.102 Inspection service. | AMS | [49 FR 18730, May 2, 1984, as amended at 83 FR 53973, Oct. 26, 2018] | Inspection service means the Specialty Crops Inspection Division, Agricultural Marketing Service of the United States Department of Agriculture. | ||||
| 7:7:8.1.1.1.30.2.474.2 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.104 Lot. | AMS | (a) Natural condition raisins —(1) Basic definition. For the purpose of incoming and outgoing inspection of natural condition raisins, lot means, except as otherwise provided in this paragraph, the quantity of such raisins of the same varietal type or of differing varietal types when commingled within their containers (including sweat and picking boxes and bins), which does not exceed a car, truck, or truck-trailer load, and which is submitted for inspection at one time and in the same place. (2) Separation of large units. If a quantity of raisins in excess of a car, truck, or truck-trailer load is submitted for inspection, the total quantity may, at the discretion of the inspector, be separated into such readily identifiable portions, either prior to or in the course of inspection, as can be conveniently and properly inspected, and each such portion shall constitute a lot. (3) Resubmission after reconditioning. Raisins which are submitted for inspection after reconditioning (such as sorting or drying) and whose original lot identity is no longer applicable, shall be a new lot. (4) Meeting and failing portions. Where a portion of a quantity of raisins submitted for inspection meets the minimum grade and condition standards and has been separated from the remainder of the raisins failing to meet such standards: (i) The meeting portion shall be one lot; and (ii) The remainder shall be one or more lots as necessary to cause each lot to contain either ( a ) a single defect in excess of tolerance or ( b ) two or more of the same defects in excess of tolerance occurring together within each of the individual containers. (5) Entire quantity failing. Where the entire quantity of raisins submitted for inspection fails to meet such standards, then, whether such quantity shall be one or more lots shall be determined in the same manner as for the failing remainder referred to in paragraph (a)(4) of this section. (6) Special condition. Notwithstanding other provisions of this section, any quantity of rai… | |||||
| 7:7:8.1.1.1.30.2.474.3 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.105 Inspection point. | AMS | [31 FR 16305, Dec. 21, 1966] | Inspection point means any plant or receiving station of a handler, or any other place where raisins are received by a handler, and which is so designated by the Committee. The inspection point(s) of the handler shall include any area(s) in which he receives grapes or raisins for dehydration unless he keeps his raisin dehydration business separate, physically and by records, from his business of handling raisins. | ||||
| 7:7:8.1.1.1.30.2.474.4 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.106 Ship. | AMS | Ship means the physical movement of raisins other than to storage for the handler's account within the general locality of the packing plant. | |||||
| 7:7:8.1.1.1.30.2.474.5 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.107 Inspection certificate. | AMS | Inspection certificate means any written certification, finding, or attestation as to the quality or condition of any lot or lots issued by an authorized member of the inspection service. | |||||
| 7:7:8.1.1.1.30.2.474.6 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.110 Varietal types. | AMS | [49 FR 18730, May 2, 1984, as amended at 53 FR 34714, Sept. 8, 1988; 55 FR 32598, Aug. 10, 1990; 67 FR 36792, May 28, 2002; 68 FR 42947, July 21, 2003] | Pursuant to § 989.10, specific definitions for each varietal type of raisins contained in that section are as follows: (a) Natural (sun-dried) Seedless includes all sun-dried seedless raisins possessing similar identifiable characteristics as raisins produced from Thompson Seedless grapes or similar grape varieties, whether dried on trays or on the vine, with or without the application of a drying agent that is a food-grade additive such as, soda, oil, Ethyl Oleate, or Methyl Oleate prior to, during, or after the drying process. (b) Dipped Seedless includes all raisins produced by artificial dehydration of seedless grapes that possess the characteristics similar to Thompson Seedless grapes which, in order to expedite drying, have been dipped in or sprayed with water only after such grapes have been removed from the vine. (c) Golden Seedless includes all seedless raisins whose color generally varies from golden yellow to dark amber. (d) Muscats (including other raisins with seeds) include all raisins which usually contain seeds and possess characteristics similar to Muscat raisins. (e) Sultana includes all raisins which usually contain an undeveloped (vestigial) seed and possess characteristics similar to Sultana raisins. (f) Zante Currant includes all raisins that possess characteristics similar to those produced from Black Corinth or White Corinth grapes. (g) Monukka includes all raisins produced from Monukka grapes. (h) Other Seedless includes all raisins produced from Ruby Seedless, Kings Ruby Seedless, Flame Seedless and other seedless grapes not included in any of the varietal categories for Seedless raisins defined in paragraphs (a), (b), (c), (d) or (h) above. (i) Other Seedless-Sulfured includes all raisins produced from Ruby Seedless, Kings Ruby Seedless, Flame Seedless and other seedless grapes not included in any of the varietal categories for Seedless raisins defined in paragraphs (a), (b), (c), (d), (h), or (i) of this section which have been artificially dehydrated and sulfured. | ||||
| 7:7:8.1.1.1.30.2.474.7 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.111 Independent producer and small cooperative producer. | AMS | [49 FR 18730, May 2, 1984] | (a) Independent producer means any producer who is not a member of a cooperative bargaining association or a cooperative marketing association, nor has sold for cash to a cooperative marketing association. (b) Small cooperative producer means any producer who is a member of a cooperative marketing association which acquired less than 10 percent of total raisin acquisitions during the crop year preceding the year in which nominations are held. | ||||
| 7:7:8.1.1.1.30.2.474.8 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.115 Independent handler, major cooperative marketing association handler, and small cooperative marketing association handler. | AMS | [49 FR 18730, May 2, 1984] | (a) Independent handler means any handler who is not a cooperative marketing association of producers. (b) Major cooperative marketing association handler means any handler who is a cooperative marketing association of producers which acquired not less than 10 percent of the total raisin acquisitions during the crop year preceding nominations. (c) Small cooperative marketing association handler means any handler who is a cooperative marketing association of producers which acquired less than 10 percent of the total raisin acquisitions during the crop year preceding nominations. | ||||
| 7:7:8.1.1.1.30.2.475.10 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.126 Representation of the Committee. | AMS | [49 FR 18730, May 2, 1984, as amended at 59 FR 27226, May 26, 1994] | (a) To provide independent and small cooperative producers equitable representation throughout the production area commencing with the term of office beginning May 1, 1984, representation shall be apportioned among the three districts specified in § 989.122. Districts 1 and 2 shall each have one producer member, and District 3 shall have the remaining producer members to which independent and small cooperative producers are entitled pursuant to § 989.26(c). (b) Pursuant to section 989.26(d) and commencing with the term of office beginning May 1, 1994, apportionment of the independent and small cooperative marketing association handlers shall be: (1) Two members selected from and representing the four handler(s) other than major cooperative marketing association handler(s) who acquired the largest percentage of the total raisin acquisitions during the preceding crop year; (2) Three members selected from and representing the six handlers other than major cooperative marketing association handler(s) who acquired the next largest percentage of the total raisin acquisitions during the preceding crop year; and (3) The remaining member(s) selected from and representing all other handlers, including small cooperative marketing association handler(s) and all processors. | ||||
| 7:7:8.1.1.1.30.2.475.11 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.129 Voting at nomination meetings. | AMS | [83 FR 53972, Oct. 26, 2018] | Any person (defined in § 989.3 as an individual, partnership, corporation, association, or any other business unit) who is engaged, in a proprietary capacity, in the production of grapes which are sun-dried or dehydrated by artificial means to produce raisins and who qualifies under the provisions of § 989.29(b)(2) shall be eligible to cast one ballot for a nominee for each producer member position and one ballot for a nominee for each producer alternate member position on the committee which is to be filled for his district. Such person must be the one who or which: Owns and farms land resulting in his or its ownership of such grapes produced thereon; rents and farms land, resulting in his or its ownership of all or a portion of such grapes produced thereon; or owns land which he or it does not farm and, as rental for such land, obtains the ownership of a portion of such grapes or the raisins. In this connection, a partnership shall be deemed to include two or more persons (including a husband and wife) with respect to land the title to which, or leasehold interest in which, is vested in them as tenants in common, joint tenants, or under community property laws, as community property. In a landlord-tenant relationship, wherein each of the parties is a producer, each such producer shall be entitled to one vote for a nominee for each producer member position and one vote for each producer alternate member position. Hence, where two persons operate land as landlord and tenant on a share-crop basis, each person is entitled to one vote for each such position to be filled. Where land is leased on a cash rental basis, only the person who is the tenant or cash renter (producer) is entitled to vote. A partnership or corporation, when eligible, is entitled to cast only one vote for a nominee for each producer position to be filled in its district. | ||||
| 7:7:8.1.1.1.30.2.475.12 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.139 Compensation for attendance of alternates at Committee meetings. | AMS | [42 FR 52376, Sept. 30, 1977, as amended at 49 FR 18731, May 2, 1984] | Whenever a member of the Raisin Administrative Committee has reason to believe that he will be unable to attend a Committee meeting and has so notified his alternate or the Committee manager, such notification or a request from the manager shall be held to be a request for the alternate to attend and he shall be reimbursed for reasonable expenses subject to the limitations contained in § 989.39. | ||||
| 7:7:8.1.1.1.30.2.475.13 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | §§ 989.154-989.156 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.30.2.475.9 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.122 Districts for independent and small cooperative producer representation on the Committee. | AMS | [49 FR 18730, May 2, 1984] | For the purposes of § 989.26(c) and commencing with the term of office beginning May 1, 1984, independent and small cooperative producer districts are as follows: (a) District No. 1. All of the counties north of Fresno County. (b) District No. 2. All of the counties south of Fresno County. (c) District No. 3 All of Fresno County. | ||||
| 7:7:8.1.1.1.30.2.476.14 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.157 Raisins produced from grapes grown outside of California. | AMS | [55 FR 28019, July 9, 1990] | (a) Any raisins produced from grapes grown outside the State of California that are received by a handler shall be observed and marked for identification by an inspector. As provided in § 989.173(b)(7), the inspection service may request information needed to properly mark such raisins for identification; it shall be the handler's responsibility to arrange for such identification and furnish required documentation promptly. (b) In the absence of an inspector to observe and mark such raisins for identification, the handler shall not permit the unloading to occur unless the handler has a written statement from the inspection service that an inspector cannot be furnished within a reasonable time: Provided, That raisins so unloaded shall be observed and marked properly upon an inspector being available. (c) The handler shall notify the inspection service in writing at least one business day in advance of the time such handler plans to begin receiving raisins produced from grapes grown outside the State of California, unless a shorter period is acceptable to the inspection service. (d) Raisins produced from grapes grown outside of the State of California and received by a handler shall be marked for identification by the inspector affixing to one container on each pallet or to each bin in each lot a prenumbered RAC control card (to be furnished by the Committee) which shall remain affixed until the raisins are processed and disposed of or disposed of as natural condition raisins. The cards shall be removed only by an inspector of the inspection service or authorized Committee personnel. (e) Each handler shall store raisins produced from grapes grown outside the State of California separate and apart from all other raisins held by such handler to the satisfaction of the Committee. Storage of such raisins shall be deemed “separate and apart” if the containers are marked as raisins produced from grapes grown outside the State of California and placed so as to be readily and clearly identified. (f) Any raisins rece… | ||||
| 7:7:8.1.1.1.30.2.476.15 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.158 Natural condition raisins. | AMS | [27 FR 3112, Mar. 31, 1962, as amended at 27 FR 10249, Oct. 19, 1962; 27 FR 10409, Oct. 25, 1962; 28 FR 13544, Dec. 14, 1963; 31 FR 16305, Dec. 21, 1966; 32 FR 15915, Nov. 21, 1967; 32 FR 17467, Dec. 6, 1967; 35 FR 16037, Oct. 13, 1970; 38 FR 20237, July 30, 1973; 42 FR 52377, Sept. 30, 1977; 49 FR 18731, May 2, 1984; 49 FR 33994, Aug. 28, 1984; 55 FR 2226, Jan. 23, 1990; 55 FR 36608, Sept. 6, 1990; 73 FR 42259, July 21, 2008; 83 FR 53972, Oct. 26, 2018; 84 FR 30863, June 28, 2019] | (a) Incoming inspection. (1)(i) The Committee shall, upon request of a handler who complies with the requirements of this part with respect to inspection points, designate as his inspection point any place (including his plant or receiving station) where the handler receives raisins. (ii) Each handler shall, at his expense, provide at each of his inspection points reasonably safe and adequate facilities for receiving raisins, drawing samples, and efficient inspection of natural condition raisins. At the time of inspection of any lot, the handler shall, at his expense, provide the inspector with any assistance necessary in the inspection of the raisins, including the movement of individual containers. Each handler, other than a processor, shall maintain with the Committee a current written description, defining the boundaries and other pertinent details, of each of his inspection points. In the event the Committee determines that any inspection point, or any modification thereof, does not comply with the definition or the requirements of this part, it shall notify the handler of the changes necessary for compliance. The handler shall make such changes promptly. In the event any of his inspection points is the same as that of another handler or person receiving raisins or grapes in any form, the handler shall maintain his raisins separate and apart from any other raisins. (iii) The weight of each lot of raisins tendered for receiving, storage, reconditioning, acquisition, or disposition shall be substantiated by an official “State Certificate of Weights and Measures” issued by a public weighmaster, whether located at the inspection point or otherwise, or such other document approved by the Committee which accurately reflects the weight of each lot tendered. The net weight of such raisins for the purposes of this part, shall be determined by deducting the sand tare and box tare from the gross weight of the raisins. The sand tare shall be the weight of the sand and other foreign material removed from the raisins … | ||||
| 7:7:8.1.1.1.30.2.476.16 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.159 Regulation of the handling of raisins subsequent to their acquisition. | AMS | [27 FR 3112, Mar. 31, 1962, as amended at 30 FR 6906, May 21, 1965; 31 FR 16306, Dec. 21, 1966; 36 FR 13980, July 29, 1971; 38 FR 13012, May 18, 1973; 38 FR 20237, July 30, 1973; 42 FR 52377, Sept. 30, 1977; 49 FR 18731, May 2, 1984; 84 FR 30863, June 28, 2019; 88 FR 82236, Nov. 24, 2023] | (a) Inspection facilities. At each of the premises where packed raisins are to be inspected each handler shall, at his expense provide reasonably safe and adequate space and other facilities necessary for the proper and efficient inspection of such raisins. (b) Identification of inspected raisins. (1) Each handler shall mark each shipping container with legible code or other identification, satisfactory to the Committee and the inspection service which shall indicate with respect to packed raisins, the date that the raisins in such shipping containers were packed, and with respect to shipments of natural condition raisins, the date on which such raisins were inspected. (2) Each handler shall furnish promptly to the Committee, through the inspection service, a certified report on a form furnished by the Committee showing the handler's count and weight of the raisins of each pack and varietal type packed each day. (c) Outgoing inspection. (1) Outgoing inspection and certification of raisins as required by § 989.59(d) shall be made as set forth in this paragraph. (2) Such inspection of natural condition raisins (which is subject to exceptions and exemptions provided in this part) shall be made of each individual lot and in each case not more than five days before the date of shipment or other final disposition of the lot. The certificate that the raisins meet the applicable minimum grade and condition standards for natural condition raisins, which the handler is required to obtain and submit to the Committee pursuant to § 989.59(d), shall be on Form SC-146 labeled “Certificate of Quality and Condition (Processed Foods).” If shipment involves exportation to a foreign country, the handler shall surrender to the United States Customs Service at the port of exit two copies of such inspection certificate. Such an inspection and certification (on Form SC-146) may, if requested by the handler, be made at the time of his receipt or acquisition of the raisins. In such an event, no additional inspection shall be req… | ||||
| 7:7:8.1.1.1.30.2.476.17 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.160 Exemptions. | AMS | [30 FR 6906, May 21, 1965, as amended at 38 FR 13013, May 18, 1973; 59 FR 44031, Aug. 26, 1994] | (a) Any processor may receive or acquire any raisins for use in eligible non-normal outlets, and dispose of them for such use, without having them inspected and certified. Processors receiving or acquiring raisins under such exemption, or otherwise receiving or acquiring raisins which do not meet the applicable minimum grade and condition standards, shall not ship or otherwise dispose of any such raisins except in conformity with the provisions of § 989.159(g)(2). Processors shall report receipts and acquisitions and make such other reports as are or may be required pursuant to §§ 989.73 and 989.173. (b) Disposition of raisins produced in Southern California. Raisins produced from grapes dried on the vine in the counties of Riverside, Imperial, San Bernardino, Ventura, Orange, Los Angeles, and San Diego, which are disposed of for use in distillation or livestock feed, shall be exempt from the provisions of this part. | ||||
| 7:7:8.1.1.1.30.2.476.18 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | §§ 989.166-989.167 [Reserved] | AMS | ||||||
| 7:7:8.1.1.1.30.2.477.19 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.173 Reports. | AMS | [27 FR 3112, Mar. 31, 1962] | (a) Inventory reports. Each handler shall submit to the Committee as of the close of business on July 31 of each crop year, and not later than the following August 6, an inventory report which shall show, with respect to each varietal type of raisins held by such handler, the quantity of off-grade raisins segregated as to those for reconditioning and those for disposition as such. Provided, That, for the Other Seedless varietal type, handlers shall report the information required in this paragraph separately for the different types of Other Seedless raisins. Upon request by the Committee, each handler shall file at other times, and as of other dates, any of the said information which may reasonably be necessary and which the Committee shall specify in its request. (b) Reports of raisins received or acquired —(1) General. (i) Except as otherwise provided in paragraph (i) of this section, each handler shall submit to the Committee (on forms furnished by it) for each week (Sunday through Saturday or such other 7-day period for which the handler has submitted a proposal to and received approval from the Committee) and not later than the following Wednesday, the reports specified in paragraphs (b)(2), (3), (4), and (5) of this section. (ii) For each report required to be submitted pursuant to this paragraph, the required information shall be shown separately for each varietal type: Provided , That, for the Other Seedless varietal type, the required information shall be shown separately for the different types of Other Seedless raisins. With each report, other than that specified in paragraph (b)(4) of this section, the handler shall submit a copy of the door receipt, weight certificate or such other document approved by the Committee that accurately reflects the weight of each lot tendered, for each lot of raisins received or acquired by him during the reporting period and for each lot of raisins stored on memorandum or warehouse receipt which was returned to the tenderer during such period, which shall show… | ||||
| 7:7:8.1.1.1.30.2.477.20 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | B | Subpart B—Administrative Requirements | § 989.176 Records. | AMS | Each handler shall maintain complete, accurate, and current records of all of his business affairs concerning which he is required to submit reports with the Committee, and shall maintain such records for at least two years after the termination of the crop year in which the transactions occurred. | |||||
| 7:7:8.1.1.1.30.3.478.1 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | C | Subpart C—Supplementary Requirements | § 989.210 Handling of varietal types of raisins acquired pursuant to a weight dockage system. | AMS | [53 FR 49296, Dec. 7, 1988, as amended at 67 FR 36792, May 28, 2002; 68 FR 42947, July 21, 2003; 83 FR 53973, Oct. 26, 2018] | (a) General. A handler may acquire as standard raisins lots of Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Monukka, Other Seedless, Sultana, Zante Currant, Muscat (including other raisins with seeds), and Other Seedless-Sulfured raisins under the weight dockage provisions described in §§ 989.212 and 989.213. The creditable weight of each lot of raisins acquired in this manner shall be that obtained by multiplying the net weight of the raisins in the lot by the applicable factor(s) from the appropriate dockage table(s) included in those sections. (b) Assessments. Assessments on any lot of raisins of the varietal types specified in paragraph (a) of this section acquired by a handler pursuant to a weight dockage system shall be applicable to the creditable weight of such lot. (c) Identification. Any lot of raisins of the varietal types specified in paragraph (a) of this section acquired pursuant to a weight dockage system shall be so identified by the inspection service affixing to one container on each pallet, or to each bin, in such lot, a prenumbered RAC control card (to be furnished by the Committee) which shall remain affixed to the container or bin until the raisins are processed or disposed of as natural condition raisins. The control card shall only be removed by, or under the supervision of an inspector of, the inspection service, or authorized Committee personnel. (d) Application of dockage factors. A lot of raisins acquired which may be subject to both a substandard and maturity dockage factor shall have only the highest of the two dockage factors applied to determine the creditable weight. | ||||
| 7:7:8.1.1.1.30.3.478.2 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | C | Subpart C—Supplementary Requirements | § 989.212 Substandard dockage. | AMS | [57 FR 28597, June 26, 1992, as amended at 63 FR 56785, Oct. 23, 1998; 67 FR 36792, May 28, 2002; 68 FR 42947, July 21, 2003; 88 FR 85823, Dec. 11, 2023] | (a) General. Subject to prior agreement between handler and tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins containing from 5.1 through 17.0 percent, by weight, of substandard raisins may be acquired by a handler under a weight dockage system: Provided, That, for the 2023-2024 crop year, such raisins containing from 5.1 through 21.0 percent, by weight, of substandard raisins may be acquired by a handler under a weight dockage system. A handler may also, subject to prior agreement, acquire as standard raisins any lot of Muscat (including other raisins with seeds), Sultana, and Zante Currant raisins containing from 12.1 through 20.0 percent, by weight, of substandard raisins under a weight dockage system: Provided, That, for the 2023-2024 crop year, a handler may acquire such raisins containing from 12.1 through 25.0 percent, by weight, of substandard raisins under a weight dockage system. The creditable weight of each lot of raisins acquired under the substandard dockage system shall be obtained by multiplying the net weight of the lot of raisins by the applicable dockage factor from the appropriate dockage table prescribed in paragraph (b) or (c) of this section. (b) Substandard dockage table applicable to Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins. 1 No dockage. Percentages in excess of the last percentage shown in the table shall be expressed in the same increments as the foregoing, and the dockage factor for each such increment shall be .001 less than the dockage factor for the preceding increment. Deliveries in excess of 17.0 percent would be off-grade; therefore, the dockage factor does not apply: Provided, That, for the 2023-2024 crop year, deliveries in excess of 21.0 percent would be off-grade; therefore, the dockage factor does not apply. (c) Substandard dockage table applicable to Muscat (including other raisins with seeds), Sul… | ||||
| 7:7:8.1.1.1.30.3.478.3 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | C | Subpart C—Supplementary Requirements | § 989.213 Maturity dockage. | AMS | [25 FR 12813, Dec. 14, 1960; 27 FR 2506, Mar. 16, 1962, as amended at 52 FR 32776, Aug. 31, 1987; 53 FR 34715, Sept. 8, 1988; 53 FR 49296, Dec. 7, 1988; 54 FR 43041, Oct. 20, 1989; 63 FR 56785, Oct. 23, 1998; 67 FR 36792, May 28, 2002; 68 FR 42947, July 21, 2003; 88 FR 85824, Dec. 11, 2023] | (a) General. Subject to prior agreement between handler and tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins containing from 35.0 percent through 49.9 percent, by weight, of well-matured or reasonably well-matured raisins may be acquired by a handler under a weight dockage system. Provided, That, for the 2023-2024 crop year, such raisins containing from 30.0 through 49.9 percent, by weight, of well-matured or reasonably well-matured raisins may be acquired by a handler under a weight dockage system. The creditable weight of each lot of raisins acquired under the maturity dockage system shall be obtained by multiplying the net weight of the lot of raisins by the applicable dockage factor from the dockage table prescribed in paragraphs (b), (c), (d), and (e) of this section. (b) Maturity dockage table applicable to lots of Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins which contain 45.0 percent through 49.9 percent well-matured or reasonably well-matured raisins: 1 No dockage. Percentages less than the last percentage shown in the table, down to 45.0 percent, shall be expressed in the same increments as the foregoing, and the dockage for each such increment shall be .0005 less than the dockage factor for the preceding increment. (c) Maturity dockage table applicable to lots of Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins which contain 40.0 percent through 44.9 percent well-matured or reasonably well-matured raisins: Percentages less than the last percentage shown in the table, down to 40.0 percent, shall be expressed in the same increments as the foregoing, and the dockage factor for each such increment shall be .001 less than the dockage factor for the preceding increment. (d) Maturity dockage table applicable to lots of Natural (sun-dried) Seedless, Golden Seedles… | ||||
| 7:7:8.1.1.1.30.3.478.4 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | C | Subpart C—Supplementary Requirements | §§ 989.221--989.257 [Reserved | AMS | ||||||
| 7:7:8.1.1.1.30.4.478.1 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | D | Subpart D—Assessment Rates | § 989.347 Assessment rate. | AMS | [89 FR 24339, Apr. 8, 2024] | On and after August 1, 2023, an assessment rate of $24 per ton is established for assessable raisins produced from grapes in California. | ||||
| 7:7:8.1.1.1.30.5.478.1 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | E | Subpart E—Conversion Factors | § 989.601 Conversion factors for raisin weight. | AMS | [54 FR 41587, Oct. 11, 1989, as amended at 67 FR 36792, May 28, 2002; 68 FR 42947, July 21, 2003] | The following factors for the named varietal types of raisins shall be used to convert the net weight of reconditioned raisins acquired by handlers as packed raisins to natural condition weight. The net weight of the raisins after the completion of processing shall be divided by the applicable factor to obtain the natural condition weight: Provided, That the adjusted weight does not exceed the original weight of the raisins prior to reconditioning; and Provided further, That, if the adjusted weight exceeds the original weight, the original weight will be used. | ||||
| 7:7:8.1.1.1.30.6.478.1 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | F | Subpart F—Quality Control | § 989.701 Minimum grade and condition standards for natural condition raisins. | AMS | [42 FR 52378, Sept. 30, 1977, as amended at 46 FR 39121, July 31, 1981; 48 FR 49215, Oct. 25, 1983; 49 FR 1669, Jan. 13, 1984; 49 FR 33994, Aug. 28, 1984; 50 FR 35771, Sept. 4, 1985; 53 FR 34715, Sept. 8, 1988; 67 FR 36793, May 28, 2002; 68 FR 42947, July 21, 2003] | Effective pursuant to § 989.58, raisins meeting the varietal standards hereinafter set forth shall be considered as standard raisins and those failing to meet such standards shall be considered as off-grade raisins. Where the raisins in any lot consist of two or more varietal types commingled within their containers, the lot shall be considered as a mixed lot and as standard raisins if they meet for each defect the most restrictive requirements for the varietal types of raisins comprising the lot. In the event layered Muscats (including other raisins with seeds) or Cluster Seedless raisins are commingled within their containers with loose Muscats (including other raisins with seeds) or loose Cluster Seedless raisins respectively, the entire lot shall be considered as loose Muscats (including other raisins with seeds) or Natural (sun-dried) Seedless raisins. The raisins shall be considered as standard raisins if the lot as a whole meets the minimum standards for loose Muscats (including other raisins with seeds) or Natural (sun-dried) Seedless raisins: Provided, That with respect to the requirements peculiar to a varietal type such as possessing characteristic color, flavor, or odor, the raisins shall be considered as meeting such requirements if they have been properly prepared as raisins. In each category, only those raisins which have been properly dried and cured in original natural condition, are free from active infestation, and are in such condition that they are capable of being received, stored, and packed without undue deterioration or spoilage, shall be considered as storable raisins. (a) Natural (sun-dried) Seedless, Monukka and Other Seedless raisins. Natural condition Natural (sun-dried) Seedless, Monukka and Other Seedless raisins shall have been prepared from sound, wholesome, matured grapes properly dried and cured, and shall meet the following additional requirements: (1) Shall be fairly free from damage by sugaring, mechanical injury, sunburn, or other similar injury; (2) shall have a norma… | ||||
| 7:7:8.1.1.1.30.6.478.2 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | F | Subpart F—Quality Control | § 989.702 Minimum grade standards for packed raisins. | AMS | [49 FR 33994, Aug. 28, 1984, as amended at 50 FR 35772, Sept. 4, 1985; 53 FR 34715, Sept. 8, 1988; 67 FR 36793, May 28, 2002; 68 FR 42947, July 21, 2003; 81 FR 84403, Nov. 23, 2016] | Effective pursuant to § 989.59, the minimum grade standards for packed raisins shall be as follows: (a) Natural (sun-dried) Seedless, Dipped Seedless, and Other Seedless-Sulfured raisins. Packed Natural (sun-dried) Seedless, Dipped Seedless, and Other Seedless-Sulfured raisins shall meet the requirements of U.S. Grade C as defined in the effective United States Standards for Grades of Processed Raisins (§§ 52.1841 through 52.1858 of this title): Provided, That at least 70.0 percent, by weight, of the raisins shall be well-matured or reasonably well-matured. With respect to select-sized and mixed-sized raisin lots, the raisins shall at least meet the U.S. Grade B tolerances for pieces of stem, and underdeveloped and substandard raisins, and small sized raisins shall meet the U.S. Grade C tolerances for those factors. (b) Golden Seedless Raisins. Packed Golden Seedless raisins shall at least meet the requirements prescribed in paragraph (a) of this section, and the color requirements for “colored” as defined in said standards. (c) Monukka and Other Seedless Raisins. Packed Monukka and Other Seedless raisins shall at least meet the requirements prescribed in paragraph (a) of this section, except that the tolerance for moisture shall be 19 percent rather than 18 percent. (d) Muscat (including other raisins with seeds) Raisins. Packed Muscat (including other raisins with seeds) raisins shall at least meet the requirements of U.S. Grade C of the said standards. Layer Muscat (including other raisins with seeds) raisins shall at least meet U.S. Grade B as defined for “Layer or Cluster Raisins With Seeds” in said standards, except for the provisions therein relating to moisture content. (e) Sultana Raisins. Packed Sultana raisins shall at least meet the requirements of U.S. Grade C as defined in said standards. (f) Zante Currant Raisins. Packed Zante Currant raisins shall at least meet the requirements of U.S. Grade B as defined in said standards. (g) Cluster Seedless Raisins —(1) Description. Rais… | ||||
| 7:7:8.1.1.1.30.7.478.1 | 7 | Agriculture | IX | 989 | PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA | G | Subpart G—Antitrust Immunity and Liability | § 989.801 Restrictions applicable to Committee personnel. | AMS | [46 FR 39984, Aug. 6, 1981] | Members and employees of the Raisin Administrative Committee are immune from prosecution under the United States antitrust laws only insofar as their conduct in administering the Raisin Marketing Order is authorized by the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. 601 et seq., or the provisions of the order. Under the antitrust laws. Committee members and employees may not engage in any unauthorized agreement or concerted action that unreasonably restrains United States domestic or foreign commerce. For example, Committee members and employees have no authority to participate, either directly or indirectly, whether on an informal or formal, written or oral basis, in any bilateral or international undertaking or agreement with any competing foreign producer or seller or with any foreign government, agency, or instrumentality acting on behalf of competing foreign producers or sellers to (a) raise, fix, stabilize, or set a floor for raisin, sultana, or currant prices, or (b) limit the quantity or quality of raisins, sultanas, or currants imported into or exported from the United States. Participation in any such unauthorized agreement or joint undertaking could result in prosecution under the antitrust laws by the United States Department of Justice and/or suit by injured private persons seeking treble damages, and could also result in expulsion of members from the Committee or termination of employment with the Committee. |
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