Gwen Sparks, (202) 260-8210gwen.sparks@ams.usda.gov
WASHINGTON, Nov. 10, 2011 – The U.S. Department of Agriculture is accepting comments on a proposed rule to amend the federal marketing order regulating tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin. The recommended decision was published in the Nov. 9, 2011, Federal Register.
The proposed rule, recommended by the Cherry Industry Administrative Board and based on evidence presented at USDA public hearings held April 20 and April 21, 2011 in Grand Rapids, Mich., and April 26, 2011, in Provo, Utah, would revise the:* Term “handle” within the order, so that the acquisition of grower diversion certificates is not considered handling.* Marketing policy provisions of the order so that grower-diverted cherries are not counted as production in the volume control formula. * Grower diversion privilege provisions of the order so that grower diverted cherries are not treated as actual harvested cherries.
USDA will review and evaluate written comments received by Nov. 25, 2011, to determine if a referendum is warranted. If a referendum is held, either two-thirds of the eligible growers voting or producers accounting for at least two-thirds of the volume of tart cherries represented must vote to approve the proposed rule. In addition, the referendum must be supported by processors who have processed over fifty percent of the total volume of tart cherries during the representative period.
Written comments should be sent to Hearing Clerk, Office of Administrative Law Judges, Room 1031-S/USDA Mail Stop 9203, 1400 Independence Avenue SW, Washington, D.C. 20250-9203; fax (202) 720-9776. To send comments online visit www.regulations.gov e-mail Parisa.Salehi@ams.usda.gov.
Visit www.regulations.gov for a copy of the proposed rule. You may also contact Parisa Salehi, Marketing Order and Agreement Division, Agricultural Marketing Service (AMS), USDA, 1400 Independence Avenue SW, Washington, DC 20250-0237, phone: (202) 720-9918 or Martin Engeler, Marketing Order and Agreement Division, AMS, USDA, 2202 Monterey Street, Suite 102-B, Fresno, CA 93721, phone: (559) 487-5110 to obtain a copy of the recommended decision.
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