Proposed Rule2022-17992
Almonds Grown in California; Modification of Regulations; Withdrawal
Primary source
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Published
August 22, 2022
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) withdraws a proposed rule recommended by the Almond Board of California (Board) that would have amended administrative requirements in the California Almond Marketing Order's (Order) roadside stand exemption, credit for market promotion activities, quality control, exempt dispositions, and interest and late charges provisions. In addition, the rule proposed to stay two sections of the administrative requirements that define almond butter and stipulate disposition in reserve outlets by handlers established under the Order. After reviewing and considering the comments received, the proposed rule is being withdrawn.
Full Text
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<title>Federal Register, Volume 87 Issue 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Proposed Rules]
[Pages 51270-51271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17992]
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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. 161 / Monday, August 22, 2022 /
Proposed Rules
[[Page 51270]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 981
[Doc. No. AMS-SC-21-0076; SC21-981-1]
Almonds Grown in California; Modification of Regulations;
Withdrawal
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Withdrawal of proposed rule.
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SUMMARY: The Agricultural Marketing Service (AMS) withdraws a proposed
rule recommended by the Almond Board of California (Board) that would
have amended administrative requirements in the California Almond
Marketing Order's (Order) roadside stand exemption, credit for market
promotion activities, quality control, exempt dispositions, and
interest and late charges provisions. In addition, the rule proposed to
stay two sections of the administrative requirements that define almond
butter and stipulate disposition in reserve outlets by handlers
established under the Order. After reviewing and considering the
comments received, the proposed rule is being withdrawn.
DATES: As of August 22, 2022, the proposed rule published on February
22, 2022, at 87 FR 6455, is withdrawn.
FOR FURTHER INFORMATION CONTACT: Peter Sommers, Marketing Specialist,
or Gary Olson, Regional Director, Western Region Field Office, Market
Development Division, Specialty Crops Program, AMS, USDA; Telephone:
(559) 487-5901, Fax: (559) 487-5906, or Email: <a href="/cdn-cgi/l/email-protection#560633223324047805393b3b332425162325323778313920"><span class="__cf_email__" data-cfemail="560633223324047805393b3b332425162325323778313920">[email protected]</span></a>
or <a href="/cdn-cgi/l/email-protection#c582a4b7bc81eb8aa9b6aaab85b0b6a1a4eba2aab3"><span class="__cf_email__" data-cfemail="92d5f3e0ebd6bcddfee1fdfcd2e7e1f6f3bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This withdrawal is issued under Marketing
Order No. 981, as amended (7 CFR part 981), regulating the handling of
almonds grown in California. Part 981 (referred to as the ``Order'') is
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The
Board locally administers the Order and is comprised of growers and
handlers of almonds operating within the production area.
This action withdraws a proposed rule published in the Federal
Register on February 22, 2022 (87 FR 6455), to revise several sections
of the Order's administrative requirements. The proposed rule comment
period was reopened to provide for an additional 15 days of public
comment in a notice published in the Federal Register on June 22, 2022
(87 FR 37240). The proposed rule would have amended requirements in the
Order's roadside stand exemption, credit for market promotion
activities, quality control, exempt dispositions, and interest and late
charges provisions. In addition, it proposed to stay two sections of
the administrative requirements that define almond butter and stipulate
disposition in reserve outlets by handlers. The proposed changes were
intended to modify the Order's requirements to reflect updates in
industry practices and to facilitate the orderly administration of the
Order.
During the proposed rule's initial 60-day comment period, four
comments were received. All the comments may be viewed on the internet
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Of the comments received, two comments
favored the proposed rule, one comment was neutral, and one was
opposed. The comment opposed to the action was submitted by a large
cooperative marketing association which also contained embedded
comments from four individual growers. The opposing comments
specifically objected to the proposed revision of Sec. 981.441, credit
for market promotion activities, including paid advertising. Further,
the opposing comments questioned the Board's administrative process in
recommending the proposed changes to AMS.
As a result of the comments received during the initial 60-day
comment period, AMS decided to reopen the comment period for 15 days to
allow for additional comments on the proposed amendments to the
regulations. In the reopening announcement, AMS indicated that it is
specifically looking for comments on provisions related to credit-back
administrative requirements and further comment on perceived issues
related to the formulation of the recommendations for that provision.
During the proposed rule's reopened 15-day comment period, AMS
received 1,155 comments, after subtracting 19 duplicate comment
submissions. All comments may be viewed on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Of the 1,155 comments received, roughly 98 percent
(1,133) were opposed, 0.17 percent (2) were in support, and 1.9 percent
(22) were either non-specific or non-substantive with regards to the
merits of the proposal.
During the reopened comment period, commenters identified adverse
effects anticipated to both consumers and producers if the proposal
were effectuated. Approximately 93 percent of all comments cited the
proposed rule's negative impact on the ability of consumers to buy raw
almonds through e-commerce. They claimed the proposed rule, if
effectuated, would prevent them from purchasing raw almonds online,
directly from the almond producer. These commenters represent consumers
of raw almonds located in California and across the United States in
approximately 46 states, and Bermuda. Over half of all commenters
reference the proposed changes to the Roadside stand exemption (Sec.
981.413) and Handler Definition (Sec. 981.13). These comments stated
that the proposed changes in each section will likely prevent consumers
from being able to access raw almonds from producers through direct e-
commerce sales transactions. Almost 64 percent described the
disproportionate economic impact that the proposed rule would have on
small growers. Some commenters expressed that they lacked notice of the
rulemaking action altogether or described general dissatisfaction with
the rulemaking process.
The two comments expressing support for the proposed rule were
general. One commenter expressed support for excluding e-commerce under
the roadside stand exemption. The second comment supported the proposed
change and expressed concern that potentially unsafe products are being
sold online in the open market.
After reviewing and considering all comments received during both
public comment periods, AMS has determined that the proposed rule to
modify
[[Page 51271]]
administrative requirements for almonds grown in California should be
withdrawn. AMS intends to conduct outreach with California almond
industry stakeholders on the concerns expressed during the public
comment periods. Accordingly, the proposed rule to modify the
administrative rules and regulations in the Order that published in the
Federal Register on February 22, 2022, (87 FR 6455) is hereby
withdrawn.
List of Subjects in 7 CFR Part 981
Marketing agreements, Nuts, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-17992 Filed 8-19-22; 8:45 am]
BILLING CODE P
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