Proposed Rule2024-00492
Marketing Order for Raisins Produced From Grapes Grown in California (M.O. No. 989); Hearing
Primary source
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Published
January 12, 2024
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
Notice is hereby given of a public hearing to receive evidence on proposals recommended by the Raisin Administrative Committee (Committee) to amend Federal Marketing Order No. 989 (Order). The proposed amendments would reduce Committee membership, eliminate the designated cooperative bargaining association member seat, lower quorum requirements, remove producer district representation, remove the requirement for separate member and alternate nominations, remove factors for establishing marketing policy, add language to clarify the quality of reconditioned raisins, add authority to accept voluntary contributions, and add language regarding ownership of intellectual property. The Committee recommended the proposed amendments after determining a significant reduction in the size of the industry has made it increasingly difficult to fill Committee positions and conduct business. The Agricultural Marketing Service (AMS) also proposes to make additional changes to the Order as may be necessary to conform to any amendatory changes that result from the hearing.
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<title>Federal Register, Volume 89 Issue 9 (Friday, January 12, 2024)</title>
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[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Proposed Rules]
[Pages 2178-2182]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00492]
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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. 89, No. 9 / Friday, January 12, 2024 /
Proposed Rules
[[Page 2178]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 989
[Doc. No. AMS-SC-23-0039; 23-J-0080]
Marketing Order for Raisins Produced From Grapes Grown in
California (M.O. No. 989); Hearing
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notification of hearing on proposed rulemaking.
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SUMMARY: Notice is hereby given of a public hearing to receive evidence
on proposals recommended by the Raisin Administrative Committee
(Committee) to amend Federal Marketing Order No. 989 (Order). The
proposed amendments would reduce Committee membership, eliminate the
designated cooperative bargaining association member seat, lower quorum
requirements, remove producer district representation, remove the
requirement for separate member and alternate nominations, remove
factors for establishing marketing policy, add language to clarify the
quality of reconditioned raisins, add authority to accept voluntary
contributions, and add language regarding ownership of intellectual
property. The Committee recommended the proposed amendments after
determining a significant reduction in the size of the industry has
made it increasingly difficult to fill Committee positions and conduct
business. The Agricultural Marketing Service (AMS) also proposes to
make additional changes to the Order as may be necessary to conform to
any amendatory changes that result from the hearing.
DATES: The hearing will be held February 13-14, 2024, from 9:00 a.m. to
5:00 p.m. Pacific Time (PT) and, if deemed necessary by the presiding
administrative law judge, will continue until such time or day as
determined by the judge.
ADDRESSES: The hearing will be held at the office of the Raisin
Administrative Committee, 2445 Capitol Street, Suite 200, Fresno,
California 93721.
FOR FURTHER INFORMATION CONTACT: Christy Pankey, Marketing Specialist,
or Matthew Pavone, Chief, Rulemaking Services Branch, Market
Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, Stop 0237, Washington, DC 20250-0237;
Telephone: (202) 720-8085, or Email: <a href="/cdn-cgi/l/email-protection#a8ebc0dac1dbdcd186f8c9c6c3cdd1e8dddbccc986cfc7de"><span class="__cf_email__" data-cfemail="36755e445f45424f186657585d534f764345525718515940">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#eea38f9a9a868b99c0be8f9881808bae9b9d8a8fc0898198"><span class="__cf_email__" data-cfemail="75381401011d10025b2514031a1b1035000611145b121a03">[email protected]</span></a>.
Small businesses may request information on this proceeding by
contacting Richard E. Lower, Market Development Division, Specialty
Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237,
Washington, DC 20250-0237; Telephone: (202) 720-8085, or Email:
<a href="/cdn-cgi/l/email-protection#4b192228232a392f6507243c2e390b3e382f2a652c243d"><span class="__cf_email__" data-cfemail="a7f5cec4cfc6d5c389ebc8d0c2d5e7d2d4c3c689c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This administrative action is instituted
pursuant to the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' and
the applicable rules of practice and procedure governing amendments to
marketing agreements and orders (7 CFR part 900). This action is
governed by the provisions of sections 556 and 557 of title 5 of the
United States Code and, therefore, is excluded from the requirements of
Executive Order 12866, 13563 and 14094. AMS provided notice of the
hearing to Tribal Governments through the U.S. Department of
Agriculture's (USDA) Office of Tribal Relations.
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) seeks to
ensure that within the statutory authority of a program, the regulatory
and informational requirements are tailored to the size and nature of
small businesses. Interested persons are invited to present evidence at
the hearing on the possible regulatory and informational impacts of the
proposals on small businesses.
The amendments proposed herein have been reviewed under Executive
Order 12988, Civil Justice Reform. They are not intended to have
retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition. The
Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review USDA's ruling
on the petition, provided an action is filed no later than 20 days
after the date of the entry of the ruling.
The Raisin Administrative Committee (Committee) is established
under provisions of the Federal Marketing Order No. 989 (Order), which
regulates the handling of raisins produced from grapes grown in
California. The Order stipulates that the Committee may recommend to
the Secretary amendments to the Order, and subject to USDA's approval,
shall establish rules and procedures as may be necessary to accomplish
the purposes of the Act and the efficient administration of the Order.
On October 20, 2022, the Committee recommended to USDA proposals to
amend Committee size, composition, producer representation, and quorum
requirements; to amend nomination procedures for small cooperative and
independent producers; to remove two factors for establishing marketing
policy, and to add language to clarify the quality of reconditioned
raisins. The Committee voted on the above proposed amendments, 20 in
favor and 10 opposed, at its August 17, 2022, meeting. On August 16,
2023, the Committee also voted to recommend to USDA the inclusion of
additional proposals that would add authority to accept voluntary
contributions and add language regarding Committee ownership of
intellectual property. AMS received the Committee's unanimous proposal
for those two recommendations on August 21, 2023.
After reviewing the proposals and other information submitted by
the Committee, USDA has decided to schedule this matter for a public
hearing. Testimony is invited on the following proposals or appropriate
alternatives or modifications to such proposals as summarized below.
These proposals submitted by the Committee
[[Page 2179]]
have not received the approval of USDA.
Proposal 1--Amend Committee Membership Size and Composition, Lower
Quorum Requirements, and Remove Producer District Representation
The Committee recommended reducing the Committee's size and
lowering quorum requirements after determining that a substantial
reduction in the size of the California raisin industry over the past
20 years has made it increasingly difficult to fill Committee positions
and at times meet quorum requirements. Further, the Committee
recommended the elimination of the member and alternate position
dedicated to the cooperative bargaining association, removal of
producer district representation, and the addition of an unaffiliated
producer member seat. The Committee believes the designated cooperative
bargaining association position is no longer warranted after a
substantial decrease in total raisin acquisitions. The amendments
proposed are as follows:
<bullet> Amend Sec. 989.26 by reducing Committee membership from
47 to 21 members. Corresponding changes would also be made to Sec.
989.126.
<bullet> Remove producer district representation in Sec.
989.26(c), and add an unaffiliated producer member seat to Sec.
989.126(a)(1). Corresponding changes would also remove Sec. Sec.
989.22 and 989.122, and references to producer districts in Sec. Sec.
989.29(b)(2), 989.126(a) and 989.129.
<bullet> Remove the designated bargaining association seat in Sec.
989.26. Corresponding changes would also remove the reference to the
bargaining association position in Sec. 989.30.
<bullet> Amend Sec. 989.38 by lowering quorum requirements from 25
to 14.
Proposal 2--Remove Separate Nomination Procedures for Independent and
Small Cooperative Producers
Separate nomination procedures for independent producers or
producers affiliated with small cooperative marketing associations'
member and alternate positions were added to the Order in 2018 due to
the number of vacancies on the Committee, and to encourage
participation by alternate members. However, the Committee now
recommends eliminating the requirement that independent and small
cooperative producers must be nominated separately for either a member
or alternate position as it would not be necessary with a reduced
Committee size. The amendment proposed is as follows:
<bullet> Amend Sec. 989.29 to eliminate the requirement for
separate nominations for independent producers or producers affiliated
with small cooperative marketing associations.
Proposal 3--Update Marketing Policy and Quality Standards for
Reconditioned Raisins
The Committee recommended removing factor number 4, ``An estimated
desirable carryout at the end of the crop year;'' and part of factor
number 5, ``, considering the estimated world raisin supply and demand
situation'' from the Committee's marketing policy considerations. The
Committee determined that factor 4 is no longer necessary since the
Order no longer regulates volume, the authority for which was removed
in 2018. Factor number 5 will continue to be part of the marketing
policy. However, consideration of part of factor number 5 relied on
USDA's National Agricultural Statistic Service (NASS) ``Raisins: World
Market and Trade Report'' to determine the estimated world raisin
supply and demand situation. NASS no longer publishes the report, and
the Committee found it would be cost prohibitive to acquire such
information by other means.
Additionally, the Committee recommended adding language to
Sec. Sec. 989.24 and 989.58 clarifying that the quality of
reconditioned raisins is the same as that of standard fruit. The
Committee believes that there is a negative impression in the raisin
market that the quality of reconditioned raisins that have been
reworked and reinspected is somehow diminished. The Committee believes
that the proposed language will help to dispel this negative
impression, stating that natural condition raisins are any raisins that
have been inspected and meet the Order's minimum requirements, which
would include reconditioned fruit. The amendments proposed are as
follows:
<bullet> In Sec. 989.54(a), remove factor number 4 ``An estimated
desirable carryout at the end of the crop year;'' and the last part of
factor number 5 ``, considering the estimated world raisin supply and
demand situation.''
<bullet> Amend Sec. Sec. 989.24 and 989.58 by adding language to
clarify the quality of reconditioned raisins as standard raisins.
Proposal 4--Add Contribution Authority and Patent/Trademark Authority
The Committee recommended the addition of authority to accept
voluntary contributions, and recommended adding language that would
establish provisions for the collection of voluntary contributions by
the Committee. The Committee further recommended the addition of
authority related to Committee ownership of and rights to intellectual
property, including authority to collect royalties from intellectual
property. The amendments proposed are as follows:
<bullet> Add Sec. 989.63 to establish the authority to accept
voluntary contributions.
<bullet> Add Sec. 989.64 to establish authority related to
ownership of and rights to intellectual property and add authority for
the collection of rents/royalties from the same.
In addition to the proposed amendments submitted by the Committee,
AMS proposes to make any such conforming changes to the Order as may be
necessary to conform to any amendment that may result from the
proposals, or to correct minor inconsistencies and typographical
errors.
USDA will oversee this formal rulemaking proceeding. The issuance
of this notice of public hearing is the first of several steps in the
amendatory rulemaking process, including the issuance of a Recommended
Decision, public comment period, Secretary's Decision, and if the prior
steps prove favorable, a grower referendum.
At the hearing, interested persons may provide testimony in support
of or in opposition to the proposed amendments. Interested persons are
invited to testify on the possible regulatory and informational impacts
of the proposed amendments on small businesses.
Interested persons will also be provided the opportunity to file
briefs in support of or in opposition to the proposed amendments after
the hearing, as well as file exceptions to any Recommended Decision
that may be issued. Finally, any proposed amendments will be required
to be approved in a grower referendum before they can be implemented.
USDA will hold the public hearing for the purposes of: (i)
receiving evidence about the economic and marketing conditions which
relate to the proposed amendments of the Order; (ii) determining
whether there is a need for the proposed amendments to the Order; (iii)
determining if there are other alternatives to the proposed amendments
or duplicates of the proposed amendments; and (iv) determining whether
the proposed amendments or appropriate
[[Page 2180]]
modifications thereof will tend to effectuate the declared policy of
the Act.
All persons wishing to submit written material as evidence at the
hearing should be prepared to submit four copies of such material at
the hearing. Four copies of prepared testimony for presentation at the
hearing should also be made available. To the extent practicable, eight
additional copies of evidentiary exhibits and testimony prepared as an
exhibit should be made available to USDA representatives on the day of
appearance at the hearing. Any requests for preparation of USDA data
for this rulemaking hearing should be made at least 10 days prior to
the beginning of the hearing.
From the time the notice of hearing is issued until the issuance of
a final decision in this proceeding, USDA employees involved in the
decisional process are prohibited from discussing the merits of the
hearing issues on an ex parte basis with any person having an interest
in the proceeding. The prohibition applies to employees who are or may
reasonably be expected to be involved in the decisional process of the
proceeding in the following organizational units: Office of the
Secretary of Agriculture; Office of the Administrator, AMS; Office of
the General Counsel; and the Specialty Crops Program, AMS. Procedural
matters are not subject to the above prohibition and may be discussed
at any time.
Testimony is invited on the recommended proposals to amend 7 CFR
part 989, or appropriate alternatives or modifications to such
proposals, as follows:
List of Subjects in 7 CFR Part 989
Grapes, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.
PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA
0
1. The authority citation for part 989 continues to read as follows:
Authority: 7 U.S.C. 601-674.
Sec. 989.22 [Removed and Reserved]
0
2. Remove and reserve Sec. 989.22.
0
3. Amend Sec. 989.24 by revising paragraph (b) to read as follows:
Sec. 989.24 Standard raisins, off-grade raisins, other failing
raisins, and raisin residual material.
* * * * *
(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 as
standard raisins or become ``other failing raisins.''
* * * * *
0
4. Revise Sec. 989.26 to read as follows:
Sec. 989.26 Establishment and membership.
A Raisin Administrative Committee is hereby established consisting
of 21 members of whom 12 shall represent producers, 8 shall represent
handlers and 1 shall be a public member.
(a) The producer members shall be selected as follows:
(1) 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 12 by the ratio the cooperative
marketing association(s) raisin acquisitions are to the acquisitions of
all handlers during the preceding crop year.
(2) Producer members representing cooperative bargaining
association(s) shall be members of such association(s), and the number
of those members shall be equal to the product, rounded to the nearest
whole number, obtained by multiplying 12 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.
(3) 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 paragraphs (a)(1) or (2) of this
section and shall be selected as designated in the rules and
regulations.
(b) 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 preceding crop year, and the number of those
members shall be equal to the product, rounded to the nearest whole
number, obtained by multiplying 8 by the ratio of the cooperative
marketing association(s) raisin acquisitions are to the total
acquisitions of all handlers during the preceding crop year.
(2) The remaining handler members shall be selected from and
represent all other handlers, which would include all independent
handlers and small cooperative marketing association(s) who acquired
less than 10 percent of the total raisin acquisitions during the
preceding crop year. Handler nominees for this group shall be nominated
by all handlers in the group in a manner determined by the Committee,
with the approval of the Secretary, and specified in the rules and
regulations.
(c) The public member shall be nominated by the Committee and
selected by the Secretary as public member.
(d) For each member of the Committee there shall be an alternate
member who shall have the same qualifications as the member for whom
they are an alternate.
0
5. Amend Sec. 989.29 by revising paragraphs (a) and (b)(1) and (2) to
read as follows:
Sec. 989.29 Initial members and nomination of successor members.
(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, 2026, and until their respective successors have been
selected and qualified.
(b) * * *
(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 Sec.
989.26 (a)(3) and (b): 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
[[Page 2181]]
made to the Committee by mail in lieu of meetings.
(2)(i) Any producer representing independent producers 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.
(ii) Each such producer whose name is offered in nomination to
represent on the Committee independent producers or producers who are
affiliated with cooperative marketing association(s) handling less than
10 percent of the total raisin acquisitions during the preceding crop
year shall be given the opportunity to provide the Committee a short
statement outlining qualifications and desire to serve if selected.
These brief statements, together with a ballot and voting instructions,
shall be mailed to all independent producers and producers who are
affiliated with cooperative marketing associations handling less than
10 percent of the total raisin acquisitions during the preceding crop
year of record with the Committee. The producer candidate receiving the
highest number of votes shall be designated as the first member nominee
for a member position in which they qualify, the second highest shall
be designated as the second member nominee for a member position which
they qualify, until nominees for all producer member positions have
been filled. Similarly, after all producer member positions have been
filled, the producer candidate receiving the highest number of votes
shall be designated as the first alternate member nominee for a member
position in which they qualify, the second highest shall be designated
as the second alternate member nominee for a member position in which
they qualify, until nominees for all alternate member positions have
been filled.
(iii) In the event there are no qualified candidates for any
designated producer member or alternate member positions, such
positions may be filled by other producer candidates not otherwise
nominated for a position.
(iv) Each independent producer or producer affiliated with
cooperative marketing association(s) handling less than 10 percent of
the total raisin acquisitions during the preceding crop year shall cast
only one vote with respect to each position for which nominations are
to be made. Write-in candidates shall be accepted. The person receiving
the most votes with respect to each position to be filled, in
accordance with paragraph (b)(2)(ii) and (iii) of this section, shall
be the person to be certified to the Secretary as the nominee. The
Committee may, subject to the approval of the Secretary, establish
rules and regulations to effectuate this section.
* * * * *
0
6. Revise Sec. 989.30 to read as follows:
Sec. 989.30 Selection.
The Secretary shall select producer, handler, and public members
and alternate members in the number specified in Sec. 989.26, as
applicable, and with the qualifications specified in Sec. 989.27. Such
selections may be made from nominations certified pursuant to Sec.
989.29 or from other eligible producers, or handlers.
Sec. 989.38 [Amended]
0
7. Amend Sec. 989.38 by removing the numeral ``25'' and adding in its
place the numeral ``14''.
Sec. 989.54 [Amended]
0
8. Amend Sec. 989.54 by:
0
a. Removing paragraph (a)(4);
0
b. Redesignating paragraphs (a)(5) through (9) as paragraphs (a)(4)
through (8), respectively; and
0
c. In redesignated paragraph (a)(4), removing the text ``, considering
the estimated world raisin supply and demand situation''.
0
9. Amend Sec. 989.58 by adding paragraph (g) to read as follows:
Sec. 989.58 Natural condition raisins.
* * * * *
(g) All raisins which have been inspected and certified as meeting
the minimum grade, quality, and condition standards established
pursuant to this section, whether upon incoming inspection or upon
later inspection after reconditioning, shall be determined to be
standard raisins, labelled accordingly, and shall be eligible for
commercial disposition as natural condition raisins or packed raisins
in normal outlets.
0
10. Add Sec. 989.63 to read as follows:
Sec. 989.63 Contributions.
The Committee may accept voluntary contributions: Provided, That
such contributions shall only be used to pay expenses authorized under
Sec. 989.79. Furthermore, contributions shall be free from any
encumbrances by the donor and the Committee shall retain complete
control of their use.
0
11. Add Sec. 989.64 to read as follows:
Sec. 989.64 Patents, copyrights, trademarks, inventions, product
formulations, and publications.
(a) Any patents, copyrights, trademarks, inventions, product
formulations, and publications developed through the use of funds
received by the Committee under this subpart shall be the property of
the U.S. Government, as represented by the Committee, and shall, along
with any rents, royalties, residual payments, or other income from the
rental, sales, leasing, franchising, or other uses of such patents,
copyrights, trademarks, inventions, product formulations, or
publications, inure to the benefit of the Committee; shall be
considered income subject to the same fiscal, budget, and audit
controls as other funds of the Committee and may be licensed subject to
approval by the Secretary.
(b) Upon termination of this subpart, Sec. 989.92 shall apply to
determine disposition of any property, including patents, copyrights,
trademarks, inventions, product formulations, and publications
developed through the use of funds received by the Committee under this
subpart.
(c) Should patents, copyrights, trademarks, inventions, product
formulations, or publications be developed through the use of funds
collected by the Committee under this subpart and funds contributed by
another organization or person, ownership and related rights to such
patents, copyrights, trademarks, inventions, product formulations, or
publications shall be determined by agreement between the Committee and
the person or organization contributing funds towards the development
of such patents, copyrights, inventions, trademarks, product
formulations, or publications in a manner consistent with paragraph (a)
of this section.
(d) Should any patents, copyrights, trademarks, inventions, product
formulations, or publications, be licensed to the Committee by another
person or organization, the rights and obligations regarding such
licensed patents, copyrights, trademarks, inventions, product
formulations, or publications shall be determined by agreement between
the Committee and the person or organization permitting licensure in a
manner consistent with paragraph (a) of this section.
Sec. 989.122 [Removed and Reserved]
0
12. Remove and reserve Sec. 989.122.
0
13. Revise Sec. 989.126 to read as follows:
Sec. 989.126 Representation of the Committee.
(a) Pursuant to Sec. 989.26(a)(3), and commencing with the term of
office beginning May 1, 2026, apportionment of independent and small
cooperative producers shall be:
[[Page 2182]]
(1) One producer member, selected from and representing all
producers, who is unaffiliated with any handler (including, but not
limited to, ownership, employment, or agent of any handler, and whose
family members are similarly unaffiliated with any handler); and
(2) The remaining producer member(s) selected from and representing
all other independent and small cooperative producers.
(b) Pursuant to section Sec. 989.26(b)(2), and commencing with the
term of office beginning May 1, 2026, 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; and
(2) The remaining member(s) selected from and representing all
other handlers, including small cooperative marketing association
handler(s) and all processors.
0
13. Revise Sec. 989.129 to read as follows:
Sec. 989.129 Voting at nomination meetings.
Any person (defined in Sec. 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 Sec. 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. 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.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-00492 Filed 1-11-24; 8:45 am]
BILLING CODE 3410-02-P
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