What is the purpose of the amendatory hearing related to the federal marketing order for California walnuts?
The hearing is part of the administrative process conducted by the U.S. Department of Agriculture (USDA). USDA will analyze evidence presented during the hearing to determine whether to continue considering the California Walnut Board’s recommendation to amend the marketing order.
What is the federal marketing order for California walnuts?
Federal marketing orders are authorized by the Agricultural Marketing Agreement Act of 1937. With that authority, commodity groups, such as the California walnut industry, enter a structure in which producers vote on implementing and sometimes modifying product handling regulations. The regulations apply to commercial handlers of the product and may include minimum quality requirements, mandatory inspection, research, marketing promotion, and other initiatives that raise consumer awareness of the product and its attributes and increase financial returns to producers.
Implemented in 1948, the California Walnut Board is made up of producers, handlers, and a representative of the public who work with Board staff and USDA to develop regulations that support the interests of the California walnut industry. The marketing order enables the industry to maintain minimum grade and size regulations for walnuts grown in California. The marketing order also authorizes promotion, and research and development projects.
What is the purpose of the California Walnut Board’s recommendation to amend the marketing order?
The California walnut industry has grown exponentially over the past 73 years. The quality control programs of handlers across the industry have advanced significantly over time, ensuring specifications meet or exceed current grade standards. The proposed amendments will align the marketing order to industry practices and eliminate redundancies in inspection, while reducing costs and administrative burden for handlers and the California walnut board and providing cost savings to producers. The industry and consumers all benefit from the collective, equitable change that modernizes the marketing order to make it work harder for the California walnut industry.
How will the USDA conduct the hearing on April 19-20, 2022?
USDA will conduct the hearing remotely using the Zoom audio-video conferencing system.
How can I join the amendatory hearing related to the walnut marketing order?
Individuals wishing to access the hearing via video through the Zoom video conferencing platform should join at 11 a.m. ET/8 a.m. PT on April 19, 2022. Individuals wishing to listen to the proceeding by dialing the following Zoom generated phone numbers: 669-254-5252 or 646-828-7666 or 669-216-1590 or 551-285-1373. The same directions apply to accessing the hearing on April 20, 2022. While USDA is not charging a fee to access the hearing, your phone or Internet provider may charge carrier fees.
How can I register to testify during the amendatory hearing related to the walnut marketing order?
To testify and present evidence to the presiding judge, individuals should make arrangements by April 12, 2022, by contacting Andrew Hatch at Andrew.Hatch@usda.gov or Geronimo Quinones at Geronimo.Quinones@usda.gov. USDA requests that all witnesses submit electronic copies of any prepared statements and supporting documents via email to LaShawn Williams at LaShawn.Williams@usda.gov by 5 p.m. ET/2 p.m. PT on April 12, 2022, so that they can be made public at the time of the hearing.
How do I testify during the hearing once I have registered to testify?
You will be able to testify before the administrative law judge using your computer or any other technology that supports the Zoom application. If you are participating in the hearing via video technology, your computer must have operating camera, microphone and audio functions. Access the on-line hearing in Zoom. If you do not have access to a computer with operating camera, microphone and audio functions, you may use cellular or land-line telephones to testify during the hearing by dialing one of the following Zoom generated phone numbers: 669-254-5252 or 646-828-7666 or 669-216-1590 or 551-285-1373.
Do I need to download anything special onto my tablet, smartphone, desktop/laptop computer to access the hearing via video through Zoom?
Individuals wishing to access the online hearing need to ensure their chosen devise, either laptop, desktop, tablet, or smartphone, has the necessary Zoom client software. Individuals can load the software onto their laptop or desktop computer by going to the Zoom download page. Individuals choosing to use their tablet or smartphone need to load the Zoom app available from either the Apple or Android app store.
May I watch or listen to the hearing without participating in the hearing?
You may watch or listen to the hearing even if you are not a participant in the hearing. We advise you to pre-register by providing your name, phone number and email address to Andrew Hatch (andrew.hatch@usda.gov or (202) 720-2491) or Geronimo Quinones (Geronimo.Quinones@usda.gov or (202) 720-2491). In addition, prior to the hearing, all pre-registered individuals will receive an invite email with the details to access the hearing.
Will the hearing be transcribed and/or recorded?
The hearing will be transcribed by a court transcribing service and will be recorded for USDA training purposes.
Will the transcripts and/or recording be available to the public?
USDA will post the transcripts on its website within two weeks after the hearing. The recording will not be available to the public.
Can I submit a comment on the Board’s recommendation?
The Administrative Law Judge overseeing the hearing will likely provide a period of time when individuals can submit post-hearing briefs to USDA. These documents will supplement evidence submitted for the hearing record.
What are the next steps in USDA’s process of deciding whether to implement the Board’s recommendation?
After reviewing the hearing record and submitted briefs, USDA will prepare a Recommended Decision for publication in the Federal Register. The Recommended decision will provide an opportunity for individuals to submit exceptions along with a brief in support of such exceptions to the proposed marketing order. After considering all exceptions received, USDA will issue a final analysis and determination of merit of the proposed amendments. Before any of the proposed amendments can be finalized, producers must demonstrate a minimum of two-third support in favor of those changes in a producer referendum. If the vote is favorable, USDA will finalize the proposed amendments.
Is Zoom safe to use?
Zoom technicians have resolved system vulnerabilities that were highlighted in the national media over the last couple of weeks. Clients using the Zoom.us commercial platform should update their laptop or desktop with the newest version. Individuals choosing to use a tablet or smartphone should replace their app with the latest version that Zoom makes available.