Rule2025-09217
Tobacco Grading and Inspections Services-Rescission of Designated Tobacco Markets
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
May 22, 2025
Effective
July 21, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This action removes and reserves subpart D, titled "Orders of Designation of Tobacco Markets" from the Code of Federal Regulations (CFR). The regulations subpart D are obsolete and unnecessary because The Fair and Equitable Tobacco Reform Act of 2004 eliminated mandatory grading of types of tobacco eligible for price support programs and a referendum of eligible producers voted in favor of terminating the designations for tobacco auction markets in June of 2005.
Full Text
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[Federal Register Volume 90, Number 98 (Thursday, May 22, 2025)]
[Rules and Regulations]
[Page 21841]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09217]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 98 / Thursday, May 22, 2025 / Rules
and Regulations
[[Page 21841]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 29
[Docket No. AMS-CN-25-0025]
RIN 0581-AE43
Tobacco Grading and Inspections Services--Rescission of
Designated Tobacco Markets
AGENCY: Agricultural Marketing Service (AMS), Department of Agriculture
(USDA).
ACTION: Final rule.
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SUMMARY: This action removes and reserves subpart D, titled ``Orders of
Designation of Tobacco Markets'' from the Code of Federal Regulations
(CFR). The regulations subpart D are obsolete and unnecessary because
The Fair and Equitable Tobacco Reform Act of 2004 eliminated mandatory
grading of types of tobacco eligible for price support programs and a
referendum of eligible producers voted in favor of terminating the
designations for tobacco auction markets in June of 2005.
DATES: The final rule is effective July 21, 2025.
FOR FURTHER INFORMATION CONTACT: Angie Snyder, Deputy Administrator,
USDA-AMS-Cotton and Tobacco Program, 3275 Appling Road, Memphis, TN
38133; Telephone: (901) 384-3000; Email: <a href="/cdn-cgi/l/email-protection#6e0f0009070b401d00170a0b1c2e1b1d0a0f40090118"><span class="__cf_email__" data-cfemail="a1c0cfc6c8c48fd2cfd8c5c4d3e1d4d2c5c08fc6ced7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Fair and Equitable Tobacco Reform Act of
2004 (sec. 611(b), Pub. L. 108-357, 118 Stat. 1522; Oct. 22, 2004)
eliminated the price support and quota system for tobacco produced in
the United States and eliminates mandatory grading of types of tobacco
eligible for price support programs. Under the Tobacco Inspection Act
(ch. 623, sec. 9, 49 Stat. 733; Aug. 23, 1935), mandatory Federal
grading of any tobacco sold at auction on a designated market would
continue only if growers supported the designation of existing tobacco
auctions markets for the purpose of mandatory grading.
Under the Tobacco Inspection Act (7 U.S.C. 511d), the Secretary is
authorized to designate those auction markets where tobacco is bought
and sold thereon at auction. Once tobacco markets are designated by the
Secretary, no tobacco may be offered for sale at auction on such market
until it has been inspected and certified by an authorized
representative of the Secretary. It also provides that, before any
market is designated, the Secretary is required to determine by
referendum the desire of tobacco growers who sold tobacco at auction on
such market during the preceding marketing season.
A referendum (70 FR 20724; April 21, 2005), requested by the
National Advisory Committee for Tobacco Inspection Services, was
conducted May 9 through 13, 2005, to determine if tobacco producers
favored termination of designations for the auction markets, thus
eliminating the requirement for mandatory Federal inspection. The
referendum results, announced on June 15, 2005, showed 57 percent of
the producers of flue-cured tobacco, burley tobacco, Kentucky-Tennessee
fire cured tobacco, Virginia fire-cured tobacco, Virginia sun-cured
tobacco, and dark air-cured tobacco voted in favor of terminating the
market designations. A vote by a simple majority of eligible producers
was necessary to terminate the designations for auction markets
effective for the 2005 and subsequent marketing seasons.
Given that designated tobacco markets that require mandatory
grading have not been active since June of 2005, there are no known
costs or benefits associated with USDA's regulations governing
mandatory tobacco inspection/grading, which are contained in part 29 of
title 7 of the Code of Federal Regulations. Currently, subpart D of 7
CFR part 29 includes a policy statement and a list of 188 tobacco
markets designated for purposes of mandatory grading.
Upon reviewing these regulations, USDA has determined that subpart
D of 7 CFR part 29 should be rescinded for the reasons stated above. To
the extent there is any uncertainty about the costs and benefits of
these regulations, it is the policy of USDA to err on the side of
deregulation and focus resources on fairly and rationally enforcing a
discrete and manageable number of regulations. USDA has determined that
there is no reliance interest in the regulations to be removed.
Moreover, regardless of the lawfulness, USDA has no interest in
maintaining a regulation that is unnecessary for the reasons stated
above. The regulations in subpart D of 7 CFR part 29 are not a
priority.
List of Subjects in 7 CFR Part 29
Administrative practice and procedure, Advisory committees,
Government publications, Imports, Pesticides and pests, Reporting and
recordkeeping requirements, Tobacco.
For the reasons set forth in the preamble, AMS amends 7 CFR part 29
as follows:
PART 29--TOBACCO INSPECTION
0
1. The authority citation for part 29 continues to read as follows:
Authority: 7 U.S.C. 511-511s.
Subpart D--[Removed and Reserved]
0
2. Remove and reserve subpart D, consisting of Sec. 29.8001.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2025-09217 Filed 5-21-25; 8:45 am]
BILLING CODE 3410-02-P
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