Proposed Rule2022-17825
Pistachios Grown in California, Arizona, and New Mexico; Continuance Referendum
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 19, 2022
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This document directs that a referendum be conducted among eligible pistachio producers to determine whether they favor continuance of the marketing order regulating the handling of pistachios grown in California, Arizona, and New Mexico.
Full Text
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<title>Federal Register, Volume 87 Issue 160 (Friday, August 19, 2022)</title>
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[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Proposed Rules]
[Page 51006]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17825]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 /
Proposed Rules
[[Page 51006]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Doc. No. AMS-SC-22-0040]
Pistachios Grown in California, Arizona, and New Mexico;
Continuance Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
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SUMMARY: This document directs that a referendum be conducted among
eligible pistachio producers to determine whether they favor
continuance of the marketing order regulating the handling of
pistachios grown in California, Arizona, and New Mexico.
DATES: The referendum will be conducted from October 31 through
November 18, 2022. To vote in this referendum, producers must have
produced pistachios within the designated production area during the
period September 1, 2021, through August 31, 2022.
ADDRESSES: Copies of the marketing order may be obtained from the
office of the referendum agents at 2202 Monterey Street, Suite 102B,
Fresno, California 93721-3129; Telephone: (559) 538-1670; or the Office
of the Docket Clerk, Market Development Division, Specialty Crops
Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington,
DC 20250-0237; Telephone: (202) 720-2491; or on the internet <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Peter R. Sommers or Gary D. Olson,
Western Region Branch, Market Development Division, Specialty Crops
Program, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno,
California 93721-3129; Telephone: (559) 538-1670, or Email:
<a href="/cdn-cgi/l/email-protection#174772637265453944787a7a726564576264737639707861"><span class="__cf_email__" data-cfemail="550530213027077b063a383830272615202631347b323a23">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#d097b1a2a994fe9fbca3bfbe90a5a3b4b1feb7bfa6"><span class="__cf_email__" data-cfemail="145375666d503a5b78677b7a54616770753a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Agreement and Order
No. 983, as amended (7 CFR part 983), hereinafter referred to as the
``Order,'' and the applicable provisions of the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act,'' it is hereby directed that a referendum be
conducted to ascertain whether continuance of the Order is favored by
the producers. The referendum shall be conducted from October 31 to
November 18, 2022, among eligible pistachio producers in the production
area. Only pistachio producers, who were engaged in the production of
pistachios during the period of September 1, 2021, through August 31,
2022, may participate in the continuance referendum.
USDA has determined that continuance referenda are an effective
means for determining whether producers favor continuation of marketing
order programs. The Order will be deemed as favored by the producers if
at least two-thirds of producers voting in the referendum, or producers
of at least two-thirds of the volume represented in the referendum,
approve its continuance. In evaluating the merits of continuance versus
termination, USDA will not exclusively consider the results of the
continuance referendum. USDA will also consider all other relevant
information regarding the operation of the Order and the relative
benefits and disadvantages to producers, handlers, and consumers in
order to determine whether continued operation of the Order would tend
to effectuate the declared policy of the Act.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballots used in the referendum have been approved by
the Office of Management and Budget (OMB) and have been assigned OMB
No. 0581-0215 Pistachios Grown in California, Arizona, and New Mexico.
It has been estimated that it will take an average of 20 minutes for
each of the approximately 1,624 producers of California, Arizona, and
New Mexico pistachios to cast a ballot. Participation is voluntary.
Ballots postmarked after November 18, 2022, will not be included in the
vote tabulation.
Peter R. Sommers and Gary D. Olson of the Western Region Branch,
Market Development Division, Specialty Crops Program, AMS, USDA, are
hereby designated as the referendum agents of the Secretary of
Agriculture to conduct this referendum. The procedure applicable to the
referendum shall be the ``Procedure for the Conduct of Referenda in
Connection with Marketing Orders for Fruits, Vegetables, and Nuts
Pursuant to the Agricultural Marketing Agreement Act of 1937, as
Amended'' (7 CFR part 900.400-900.407).
Ballots will be mailed to all producers of record and may also be
obtained from the referendum agents or their appointees.
List of Subjects in 7 CFR Part 983
Marketing agreements, Nuts, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-17825 Filed 8-18-22; 8:45 am]
BILLING CODE P
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