Rule2025-10053
Paper and Paper-Based Packaging Promotion, Research and Information Order; Continuance Referendum and Moratorium on Assessment Collection
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
June 3, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This document directs that a referendum be conducted among eligible domestic manufacturers and importers of paper and paper-based packaging to determine whether they favor continuance of the Agricultural Marketing Service's (AMS) regulations regarding a national paper and paper-based packaging research and promotion program. AMS is also announcing an immediate moratorium on the collection of assessments under the program.
Full Text
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<title>Federal Register, Volume 90 Issue 105 (Tuesday, June 3, 2025)</title>
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[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Rules and Regulations]
[Pages 23421-23422]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10053]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1222
[Doc. No. AMS-SC-25-0035]
Paper and Paper-Based Packaging Promotion, Research and
Information Order; Continuance Referendum and Moratorium on Assessment
Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notification of referendum and moratorium on assessment
collection.
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SUMMARY: This document directs that a referendum be conducted among
eligible domestic manufacturers and importers of paper and paper-based
packaging to determine whether they favor continuance of the
Agricultural Marketing Service's (AMS) regulations regarding a national
paper and paper-based packaging research and promotion program. AMS is
also announcing an immediate moratorium on the collection of
assessments under the program.
DATES: This referendum will be conducted by express mail and electronic
ballot from July 14, 2025, through July 25, 2025. Ballots delivered to
AMS via express mail or electronic ballot must show proof of delivery
by no later than 11:59 p.m. Eastern Time on July 25, 2025. Eligible
persons will receive a ballot through mail and may cast a ballot
through express mail or electronic ballot. Each person who is an
eligible domestic manufacturer or importer at the time of the
referendum and during the representative period from January 1, 2024,
through December 31, 2024, shall be entitled to cast a ballot in the
referendum.
ADDRESSES: Copies of the Paper and Paper-Based Packaging Promotion,
Research and Information Order may be obtained from: Referendum Agent,
Market Development Division, Specialty Crops Program (SCP), AMS, USDA,
1400 Independence Avenue SW, Room 1406-S, Stop 0244, Washington, DC
20250-0244, telephone: (202) 720-8085 or contact George Webster at
(202) 365-4172 or via electronic mail: <a href="/cdn-cgi/l/email-protection#d097b5bfa2b7b5fe87b5b2a3a4b5a290a5a3b4b1feb7bfa6"><span class="__cf_email__" data-cfemail="0b4c6e64796c6e255c6e69787f6e794b7e786f6a256c647d">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: George Webster, Marketing Specialist,
Market Development Division, SCP, AMS, USDA, 1400 Independence Avenue
SW, Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (202)
365-4172 or via electronic mail: <a href="/cdn-cgi/l/email-protection#a6e1c3c9d4c1c388f1c3c4d5d2c3d4e6d3d5c2c788c1c9d0"><span class="__cf_email__" data-cfemail="6d2a08021f0a08433a080f1e19081f2d181e090c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion,
Research, and Information Act of 1996 (7 U.S.C. 7411-7425) (Act), it is
hereby directed that a referendum be conducted to ascertain whether
continuance of the Paper and Paper-Based Packaging Promotion, Research
and Information Order (Order) (7 CFR part 1222) is favored by a
majority of eligible domestic manufacturers and importers of paper and
paper-based packaging covered under the program. Until results of the
referendum are ascertained, a moratorium on the collection of
assessments from domestic manufacturers and importers under the Order
is announced effective immediately in order to effectuate the purposes
of the Act. The Order is authorized under the Act.
The representative period for establishing voter eligibility for
the referendum shall be the period from January 1, 2024, through
December 31, 2024. Persons who are currently domestic manufacturers and
have domestically manufactured 100,000 short tons or more of paper and
paper-based packaging, and persons who are currently importers and have
imported 100,000 short tons or more of paper and paper-based packaging,
during the representative period are eligible to vote in the
referendum. Persons who received an exemption from assessments pursuant
to Sec. 1222.53 for the entire representative period are ineligible to
vote. The U.S. Department of Agriculture (USDA) will provide the option
for electronic balloting. The referendum will be conducted by express
mail and electronic ballot from July 14, 2025, through July 25, 2025.
Further details will be provided in the ballot instructions.
Section 518 of the Act (7 U.S.C. 7411-7425) authorizes continuance
referenda. Under Sec. 1222.81(b) of the Order, USDA must conduct a
referendum no later than seven years after the program became effective
and every seven years thereafter; at the request of the Board
established in this Order; at the request of 10 percent or more of the
number of persons eligible to vote in a referendum as set forth under
the Order; or at any time as determined by the Secretary to determine
if persons subject to assessment favor continuance of the program. In
January 2025, USDA received a petition requesting a referendum, which
was signed by more than the required 10 percent of eligible entities.
This request initiated this referendum process. Effective immediately,
there will be a moratorium on the collection of assessments while USDA
conducts the continuance referendum, per the request of the Paper and
Packaging Board and in order to effectuate the purposes of the Act.
USDA would continue the Order if it is favored by a majority of
domestic manufacturers and importers of paper and paper-based packaging
voting in the referendum who also represent a majority of the volume of
paper and paper-based packaging represented in the referendum and who,
during the representative time period, have been engaged in the
manufacturing or importation of paper and paper-based
[[Page 23422]]
packaging. If continuance of the Order is favored, USDA would also lift
the moratorium on assessment collection. If, as a result of the
referendum, the Secretary determines that the Order is not approved,
USDA will comply with the termination procedures at 7 CFR 1222.82.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the referendum ballot has been approved by the Office of
Management and Budget (OMB) and assigned OMB No. 0581-0093. It has been
estimated that approximately 40 entities will be eligible to vote in
the referendum. It will take an average of 15 minutes for each voter to
read the voting instructions and complete the referendum ballot.
Referendum Order
George Webster, Marketing Specialist, and Kelly Robertson, Acting
Branch Chief, Mid-Atlantic Region Branch, Market Development Division,
SCP, AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue SW,
Washington, DC 20250-0244, are designated as the referendum agents to
conduct this referendum. The referendum procedures at 7 CFR 1222.100
through 1222.108, which were issued pursuant to the Act, shall be used
to conduct the referendum.
The referendum agents will express mail ballots and voting
instructions, including how to vote electronically, to all known,
eligible domestic manufacturers and importers prior to the first day of
the voting period. Any eligible domestic manufacturer or importer who
does not receive a ballot should contact a referendum agent no later
than three days before the end of the voting period. Ballots delivered
via express mail or electronic ballot must show proof of delivery by no
later than 11:59 p.m. Eastern Time on July 25, 2025.
List of Subjects in 7 CFR Part 1222
Administrative practice and procedure, Advertising, Consumer
information, Marketing agreements, Paper and paper-based-packaging
promotion, Reporting and recordkeeping requirements.
(Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401)
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2025-10053 Filed 6-2-25; 8:45 am]
BILLING CODE P
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