Agricultural Marketing Service, USDA § 905.13

Pt. 905 7 CFR Ch. IX (1–1–21 Edition)

PART 905—ORANGES, GRAPEFRUIT, MISCELLANEOUS PROVISIONS TANGERINES, AND PUMMELOS 905.80 Fruit not subject to regulation. GROWN IN FLORIDA 905.81 Compliance. 905.82 Effective time. 905.83 Termination. Subpart A—Order Regulating Handling 905.84 Proceedings after termination. 905.85 Duration of immunities. DEFINITIONS 905.86 Agents. Sec. 905.87 Derogation. 905.1 Secretary. 905.88 Personal liability. 905.2 Act. 905.89 Separability. 905.3 Person. 905.4 Fruit. Subpart B—Administrative Requirements 905.5 Variety. 905.105 Tangerine and grapefruit classifica- 905.6 Producer. tions. 905.7 Handler. 905.107 Registered handler certification. 905.8 Prepare for market. 905.114 Redistricting of citrus districts and 905.9 Handle or ship. reapportionment of grower members. 905.10 Carton or standard packed carton. 905.120 Nomination procedure. 905.11 Fiscal period. 905.12 Committee. NON-REGULATED FRUIT 905.13 District. 905.14 Redistricting. 905.140 Gift packages. 905.141 Minimum exemption. 905.15 Regulation Area I. 905.142 Animal feed. 905.16 Regulation Area II. 905.145 Certification of certain shipments. 905.17 Production area. 905.146 Special purpose shipments. 905.18 Improved No. 2 grade and Improved 905.147 Certificate of privilege. No. 2 Bright grade. 905.148 Reports of special purpose shipments ADMINISTRATIVE BODIES under certificates of privilege. 905.149 Procedure for permitting growers to 905.19 Establishment and membership. ship tree run citrus fruit. 905.20 Term of office. 905.150 Eligibility requirements for public 905.21 Selection of initial members of the member and alternate member. committee. 905.153 Procedure for determining handlers’ 905.22 Nominations. permitted quantities of red seedless 905.23 Selection. grapefruit when a portion of sizes 48 and 905.27 Failure to nominate. 56 of such variety is restricted. 905.28 Qualification and acceptance. 905.161 Repacking shipper. 905.29 Inability of members to serve. 905.162 Repacking certificate of privilege. 905.30 Powers of the committee. 905.163 Reports of shipments under repack- 905.31 Duties of Citrus Administrative Com- ing certificate of privilege. mittee. 905.171 Handler supplier report. 905.33 Compensation and expenses of committee members. Subpart C—Assessment Rate 905.34 Procedure of committees. 905.35 Right of the Secretary. 905.235 Assessment rate. 905.36 Funds. Subpart D—Grade and Size Requirements EXPENSES AND ASSESSMENTS 905.306 Orange, Grapefruit, Tangerine and 905.40 Expenses. Tangelo Regulation. 905.41 Assessments. 905.350 [Reserved] 905.42 Handler’s accounts. Subpart E—Interpretations REGULATIONS 905.50 Marketing policy. 905.400 Interpretation of certain provisions. 905.51 Recommendations for regulation. AUTHORITY: 7 U.S.C. 601–674. 905.52 Issuance of regulations. 905.53 Inspection and certification. 905.54 Marketing, research and develop- Subpart A—Order Regulating ment. Handling

HANDLERS’ REPORTS SOURCE: 22 FR 10734, Dec. 27, 1957, unless 905.70 Manifest report. otherwise noted. Redesignated at 26 FR 12751, 905.71 Other information. Dec. 30, 1961.

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DEFINITIONS § 905.5 Variety. Variety or varieties means any one or § 905.1 Secretary. more of the following classifications or Secretary means the Secretary of Ag- groupings of fruit: riculture of the United States, or any (a) Oranges. (1) Early and Midseason officer or employee of the United oranges; States Department of Agriculture to (2) Valencia, Lue Gim Gong, and whom authority has heretofore been similar late maturing oranges of the delegated, or to whom authority may Valencia type; hereafter be delegated, to act in his (3) Navel oranges. stead. (b) Grapefruit. (1) Red Grapefruit, to include all shades of color; [42 FR 59368, Nov. 17, 1977] (2) White Grapefruit. (c) Tangerines and mandarins. (1) § 905.2 Act. Dancy and similar tangerines; Act means Public Act No. 10, 73d Con- (2) Robinson tangerines; gress (May 12, 1933), as amended and as (3) Honey tangerines; reenacted and amended by the Agricul- (4) Fall-Glo tangerines; tural Marketing Agreement Act of 1937, (5) US Early Pride tangerines; as amended. (48 Stat. 31, as amended; 7 (6) Sunburst tangerines; U.S.C. 601 et seq.; 68 Stat. 906, 1047.) (7) W-Murcott tangerines; (8) Tangors. § 905.3 Person. (d) Pummelos. (1) Hirado Buntan and Person means an individual, partner- other pink seeded pummelos; (2) [Reserved]. ship, corporation, association, business (e) Citrus hybrids—(1) Tangelos. (i) Or- trust, legal representative, or any or- lando tangelo; ganized group of individuals. (ii) Minneola tangelo. (2) Temple oranges. § 905.4 Fruit. (f) Other varieties of citrus fruits speci- Fruit means any or all varieties of fied in § 905.4, including hybrids, as rec- the following types of citrus fruits ommended and approved by the Secretary. grown in the production area: Provided, That in order to add any hy- (a) Citrus sinensis, Osbeck, com- brid variety of citrus fruit to be regu- monly called ‘‘oranges’’; lated under this provision, such variety (b) Citrus paradisi, MacFadyen, com- must exhibit similar characteristics monly called ‘‘grapefruit’’; and be subject to cultural practices (c) Citrus reticulata, commonly common to existing regulated vari- called ‘‘tangerines’’ or ‘‘mandarin’’; eties. (d) Citrus maxima Merr (L.); Osbeck, [81 FR 10454, Mar. 1, 2016] commonly called ‘‘pummelo’’; and, (e) ‘‘Citrus hybrids’’ that are hybrids § 905.6 Producer. between or among one or more of the Producer is synonymous with grower four fruits in paragraphs (a) through and means any person who is engaged (d) of this section and the following: in the production for market of fruit in Trifoliate orange (Poncirus trifoliata), the production area and who has a pro- sour orange (C. aurantium), lemon (C. prietary interest in the fruit so pro- limon), lime (C. aurantifolia), citron duced. (C. medica), kumquat (Fortunella spe- [42 FR 59368, Nov. 17, 1977] cies), tangelo (C. reticulata x C. paradisi or C. grandis), tangor (C. § 905.7 Handler. reticulata x C. sinensis), and varieties Handler is synonymous with shipper of these species. In addition, citrus hy- and means any person (except a com- brids include: Tangelo (C. reticulata x mon or contract carrier transporting C. paradisi or C. grandis), tangor (C. fruit for another person) who, as owner, reticulata x C. sinensis), Temple or- agent, or otherwise, handles fruit in anges, and varieties thereof fresh form, or causes fruit to be han- [81 FR 10454, Mar. 1, 2016] dled. Each handler shall be registered

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with the Committee pursuant to rules River and Brevard not included in Reg- recommended by the Committee and ulation Area II. approved by the Secretary. (c) Citrus District Three shall include [81 FR 10454, Mar. 1, 2016] the County of St. Lucie and that part of the Counties of Brevard, Indian § 905.8 Prepare for market. River, Martin, and Palm Beach de- Prepare for market means to wash, scribed as lying within Regulation grade, size, or place fruit (whether or Area II, and County Commissioner’s not wrapped) into any container what- Districts Four and Five of Volusia soever; but such term shall not include County. the harvesting of fruit. (d) Citrus District Four shall include the Counties of Manatee, Sarasota, § 905.9 Handle or ship. Hardee, Highlands, Okeechobee, Handle or ship means to sell, trans- Glades, De Sota, Charlotte, Lee, port, deliver, pack, prepare for market, Hendry, Collier, Monroe, Dade, grade, or in any other way to place Broward, and that part of the Counties fruit in the current of commerce with- of Palm Beach and Martin not included in the production area or between any in Regulation Area II. point in the production area and any (e) Citrus District Five shall include point outside thereof. the County of Polk. [81 FR 10455, Mar. 1, 2016] [42 FR 59368, Nov. 17, 1977] § 905.10 Carton or standard packed carton. § 905.14 Redistricting. Carton or standard packed carton (a) The Committee may, with the ap- means a unit of measure equivalent to proval of the Secretary, redefine the four-fifths (4⁄5) of a United States bush- districts into which the production el of fruit, whether in bulk or in any area is divided or reapportion or other- container. wise change the grower membership of districts, or both: Provided, That the [42 FR 59368, Nov. 17, 1977] membership shall consist of at least § 905.11 Fiscal period. eight but not more than nine grower members, and any such change shall be Fiscal period means the period of time based, insofar as practicable, upon the from August 1 of any year until July 31 respective averages for the imme- of the following year, both dates inclusive. diately preceding three fiscal periods of: § 905.12 Committee. (1) The number of bearing trees in Committee means the Citrus Adminis- each district; trative Committee established pursu- (2) The volume of fresh fruit produced ant to § 905.19. in each district; (3) The total number of acres of cit- [42 FR 59368, Nov. 17, 1977] rus in each district; and § 905.13 District. (4) Other relevant factors. (b) Each redistricting or reapportion- (a) Citrus District One shall include ment shall be announced on or prior to the Counties of Hillsborough, Pinellas, March 1 preceding the effective fiscal Pasco, Hernando, Citrus, Sumter, and Lake. period. (b) Citrus District Two shall include [81 FR 10455, Mar. 1, 2016] the Counties of Osceola, Orange, Semi- nole, Alachua, Putnam, St. Johns, § 905.15 Regulation Area I. Flagler, Marion, Levy, Duval, Nassau, Regulation Area I is defined as the Baker, Union, Bradford, Columbia, ‘‘Interior District’’, and shall include Clay, Gilchrist, and Suwannee, and all that part of the production area not County Commissioner, Districts One, included in Regulation Area II. Two, and Three of Volusia County, and that part of the Counties of Indian [54 FR 37292, Sept. 8, 1989]

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§ 905.16 Regulation Area II. of the U.S. No. 1 grade relating to Regulation Area II is defined as the shape (form) and color, as such require- ‘‘Indian River District’’, and shall in- ments are set forth in the U.S. Stand- clude that part of the State of Florida ards for Grades of Florida Grapefruit particularly described as follows: (§§ 51.750–51.783 of this title) or as such standards may hereafter be amended. Beginning at a point on the shore of the Atlantic Ocean where the line between [31 FR 15060, Dec. 1, 1966. Redesignated at 42 Flagler and Volusia Counties intersects said FR 59368, Nov. 17, 1977] shore, thence follow the line between said two counties to the Southwest corner of Sec- ADMINISTRATIVE BODIES tion 23, Township 14 South, Range 31 East; thence continue South to the Southwest cor- § 905.19 Establishment and member- ner of Section 35, Township 14 South, Range ship. 31 East; thence East to the Northwest corner of Township 15 South, Range 32 East; thence (a) There is hereby established a Cit- South to the Southwest corner of Township rus Administrative Committee con- 17 South, Range 32 East; thence East to the sisting of at least eight but not more Northwest corner of Township 18 South, Range 33 East; thence South to the St. Johns than nine grower members, and eight River; thence along the main channel of the shipper members. Grower members St. Johns River and through Lake Harney, shall be persons who are not shippers Lake Poinsett, Lake Winder, Lake Wash- or employees of shippers: Provided, ington, Sawgrass Lake, and Lake Helen that the committee, with the approval Blazes to the range line between Ranges 35 East and 36 East; thence South to the South of the Secretary, may establish alter- line of Brevard County; thence East to the native qualifications for such grower line between Ranges 36 East and 37 East; members. Shipper members shall be thence South to the Southwest corner of St. shippers or employees of shippers. The Lucie County; thence East to the line be- committee may be increased by one tween Ranges 39 East and 40 East; thence non-industry member nominated by South to the South line of Martin County; thence East to the line between Ranges 40 the committee and selected by the Sec- East and 41 East; thence South to the West retary. The committee, with approval Palm Beach Canal (also known as the Okee- of the Secretary, shall prescribe quali- chobee Canal); thence follow said canal east- fications, term of office, and the proce- ward to the mouth thereof; thence East to dure for nominating the non-industry the shore of the Atlantic Ocean; thence Northerly along the shore of the Atlantic member. Ocean to the point of beginning. (b) Each member shall have an alternate who shall have the same qualifica- [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, and further redesig- tions as the member for whom this per- nated at 42 FR 59368, Nov. 17, 1977, as amend- son is an alternate. ed at 42 FR 59370, Nov. 17, 1977; 54 FR 37292, [54 FR 37293, Sept. 8, 1989] Sept. 8, 1989]

§ 905.17 Production area. § 905.20 Term of office. Production area means that portion of The term of office of members and al- the State of Florida which is bounded ternate members shall begin on the by the Suwannee River, the Georgia first day of August of even-numbered border, the Atlantic Ocean, and the years and continue for two years and Gulf of Mexico. until their successors are selected and [22 FR 10734, Dec. 27, 1957. Redesignated at 26 have qualified. The consecutive terms FR 12751, Dec. 30, 1961, and further redesig- of office of a member shall be limited nated at 42 FR 59368, Nov. 17, 1977] to two terms. The terms of office of alternate members shall not be so lim- § 905.18 Improved No. 2 grade and Im- ited. Members, their alternates, and proved No. 2 Bright grade. their respective successors shall be Improved No. 2 grade and Improved No. nominated and selected by the Sec- 2 Bright grade means grapefruit meet- retary as provided in §§ 905.22 and 905.23. ing all of the respective requirements of the U.S. No. 2 grade and the U.S. No. [81 FR 10455, Mar. 1, 2016] 2 Bright grade and those requirements

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§ 905.21 Selection of initial members of alternates. The Committee, with the the committee. approval of the Secretary, shall pre- The initial members of the Citrus Ad- scribe uniform rules to govern each ministrative Committee and their re- such meeting and the balloting spective alternates shall be the mem- thereat. The chairperson of each such bers and alternates of the Growers Ad- meeting shall publicly announce at the ministrative Committee and the Ship- meeting the names of the persons nom- pers Advisory Committee serving on inated and the chairman and secretary the effective date of his amendment. of each such meeting shall transmit to Each member and alternate shall serve the Secretary their certification as to until completion of the term for which the number of votes cast, the weight by he was selected and until his successor volume of those shipments voted, and has been selected and qualified. such other information as the Sec- retary may request. All nominations [42 FR 59369, Nov. 17, 1977] shall be submitted to the Secretary on § 905.22 Nominations. or before the 20th day of June. (2) Nomination of at least two mem- (a) Grower members. (1) The Com- mittee shall give public notice of a bers and their alternates shall be made meeting of producers in each district to by bona fide cooperative marketing or- be held not later than June 10th of ganizations which are handlers. Nomi- even-numbered years, for the purpose nations for not more than six members of making nominations for grower and their alternates shall be made by members and alternate grower mem- handlers who are not so affiliated. In bers. The Committee, with the ap- voting for nominees, each handler or proval of the Secretary, shall prescribe his or her authorized representative uniform rules to govern such meetings shall be entitled to cast one vote, and the balloting thereat. The chair- which shall be weighted by the volume man of each meeting shall publicly an- of fruit by such handler during the nounce at such meeting the names of then current fiscal period. the persons nominated, and the chair- (c) Notwithstanding the provisions of man and secretary of each such meet- paragraphs (a) and (b) of this section, ing shall transmit to the Secretary nomination and election of members their certification as to the number of and alternate members to the Com- votes so cast, the names of the persons mittee may be conducted by mail, elec- nominated, and such other information tronic mail, or other means according as the Secretary may request. All to rules and regulations recommended nominations shall be submitted to the by the Committee and approved by the Secretary on or before the 20th day of Secretary. June. (2) Each nominee shall be a producer [42 FR 59369, Nov. 17, 1977, as amended at 74 in the district from which he or she is FR 46306, Sept. 9, 2009; 81 FR 10455, Mar. 1, 2016] nominated. In voting for nominees, each producer shall be entitled to cast § 905.23 Selection. one vote for each nominee in each of the districts in which he or she is a (a) From the nominations made pur- producer. At least two of the nominees suant to § 905.22(a) or from other quali- and their alternates so nominated shall fied persons, the Secretary shall select be affiliated with a bona fide coopera- one member and one alternate member tive marketing organization. to represent District 2 and two mem- (b) Shipper members. (1) The Com- bers and two alternate members each mittee shall give public notice of a to represent Districts 1, 3, 4, and 5 or meeting for bona fide cooperative mar- such other number of members and al- keting organizations which are han- ternate members from each district as dlers, and a meeting for other handlers may be prescribed pursuant to § 905.14. who are not so affiliated, to be held not At least two such members and their later than June 10th of even-numbered alternates shall be affiliated with bona years, for the purpose of making nomi- fide cooperative marketing organiza- nations for shipper members and their tions.

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(b) From the nominations made pur- the committee, a successor for the un- suant to § 905.22(b) or from other quali- expired term of such person shall be se- fied persons, the Secretary shall select lected by the Secretary. Such selection at least two members and their alter- may be made without regard to the nates to represent bona fide coopera- provisions of this subpart as to nomi- tive marketing organizations which are nations. handlers, and the remaining members and their alternates to represent han- [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 42 FR dlers who are not so affiliated. 59370, Nov. 17, 1977; 74 FR 46306, Sept. 9, 2009] [74 FR 46306, Sept. 9, 2009] § 905.30 Powers of the committee. § 905.27 Failure to nominate. The committee, in addition to the In the event nominations for a mem- power to administer the terms and pro- ber or alternate member of the com- visions of this subpart, as herein spe- mittee are not made pursuant to the cifically provided, shall have power (a) provisions of §§ 905.22 and 905.25, the to make, only to the extent specifi- Secretary may select such member or cally permitted by the provisions con- alternate member without regard to tained in this subpart, administrative nominations. rules and regulations; (b) to receive, in- [22 FR 10734, Dec. 27, 1957. Redesignated at 26 vestigate and report to the Secretary FR 12751, Dec. 30, 1961, as amended at 42 FR complaints of violations of this sub- 59370, Nov. 17, 1977] part; and (c) to recommend to the Sec- retary amendments to this subpart. § 905.28 Qualification and acceptance. [22 FR 10734, Dec. 27, 1957. Redesignated at 26 Any person nominated to serve as a FR 12751, Dec. 30, 1961, as amended at 42 FR member or alternate member of the 59370, Nov. 17, 1977] Committee shall, prior to selection by the Secretary, qualify by filing a writ- § 905.31 Duties of Citrus Administra- ten qualification and acceptance state- tive Committee. ment indicating such person’s quali- It shall be the duty of the Citrus Ad- fications and willingness to serve in ministrative Committee: the position for which nominated. (a) To select a chairman from its [81 FR 10455, Mar. 1, 2016] membership, and to select such other officers and adopt such rules and regu- § 905.29 Inability of members to serve. lations for the conduct of its business (a) An alternate for a member of the as it may deem advisable; committee shall act in the place and (b) To keep minutes, books, and stead of such member (1) in his ab- records which will clearly reflect all of sence, or (2) in the event of his re- its acts and transactions, which min- moval, resignation, disqualification, or utes, books, and records shall at all death, and until a successor for his un- times be subject to the examination of expired term has been selected. the Secretary; (b) If both a member and his or her (c) To act as intermediary between respective alternate are unable to at- the Secretary and the producers and tend a committee meeting, such mem- handlers; ber may designate another alternate to (d) To furnish the Secretary with act in his or her place in order to ob- such available information as he may tain a quorum: Provided, That such al- request; ternate member represents the same (e) To appoint such employees as it group affiliation as the absent member. may deem necessary and to determine If the member is unable to designate the salaries and define the duties of such an alternate, the committee such employees; members present may designate such (f) To cause its books to be audited alternate. by one or more certified or registered (c) In the event of the death, re- public accountants at least once for moval, resignation, or disqualification each fiscal period, and at such other of any person selected by the Secretary times as it deems necessary or as the as a member or an alternate member of Secretary may request, and to file with

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the Secretary copies of all audit re- the purpose of considering such a rec- ports; ommendation. If after such consider- (g) To prepare and publicly issue a ation the requesting area majority monthly statement of financial oper- present continues to favor such release ations of the committee; for their area, the request shall be con- (h) To provide an adequate system sidered a valid recommendation and for determining the total crop of each transmitted to the Secretary. The variety of fruit, and to make such de- votes of each member cast for or terminations, including determina- against any recommendation made tions by grade and size, as it may deem pursuant to this subpart shall be duly necessary, or as may be prescribed by recorded. Whenever an assembled the Secretary, in connection with the meeting is held each member must administration of this subpart; vote in person. (i) To perform such duties in connec- (c) The committee may provide for tion with the administration of section meeting by telephone, telegraph, or 32 of the act to amend the Agricultural other means of communication, and Adjustment Act and for other purposes, any vote cast at such a meeting shall Public Act No. 320, 74th Congress, as be promptly confirmed in writing: Pro- amended, as may from time to time be vided, That if any assembled meeting is assigned to it by the Secretary; held, all votes shall be cast in person. [22 FR 10734, Dec. 27, 1957. Redesignated at 26 (d) The committee shall give the Sec- FR 12751, Dec. 30, 1961, as amended at 30 FR retary the same notice of meetings as 13934, Nov. 4, 1965; 42 FR 59369, Nov. 17, 1977] is given to the members thereof. § 905.33 Compensation and expenses of [42 FR 59369, Nov. 17, 1977, as amended at 74 committee members. FR 46306, Sept. 9, 2009] The members and alternate members § 905.35 Right of the Secretary. of the Committee shall serve without compensation but may be reimbursed The members of the committee (infor expenses necessarily incurred by cluding successors and alternates), and them in attending committee meetings any agent or employee appointed or and in the performance of their duties employed by the committee, shall be under this part. subject to removal or suspension by the Secretary at any time. Each and [42 FR 59369, Nov. 17, 1977] every order, regulation, decision, determination, or other act of the com- § 905.34 Procedure of committees. mittee shall be subject to the con- (a) Ten members of the committee tinuing right of the Secretary to dis- shall constitute a quorum. approve of the same at any time and (b) For any decision or recommenda- upon his disapproval shall be deemed tion of the committee to be valid, ten null and void, except as to acts done in concurring votes, five of which must be reliance thereon or in compliance grower votes, shall be necessary: Pro- therewith. vided, That the committee may recommend a regulation restricting the [22 FR 10734, Dec. 27, 1957. Redesignated at 26 shipment of grapefruit grown in Regu- FR 12751, Dec. 30, 1961, as amended at 42 FR lation Area I or Regulation Area II 59370, Nov. 17, 1977] which meets the requirements of the § 905.36 Funds. Improved No. 2 grade or the Improved No. 2 Bright grade only upon the af- (a) All funds received by the com- firmative vote of a majority of its mittee pursuant to any provision of members present from the regulation this subpart shall be used solely for the area in which such restriction would purposes herein specified and shall be apply; and whenever a meeting to con- accounted for in the manner provided sider a recommendation for release of in this subpart. such grade is requested by a majority (b) The Secretary may, at any time, of the members from the affected area, require the committee and its members the committee shall hold a meeting to account for all receipts and dis- within a reasonable length of time for bursements.

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(c) Upon the removal or expiration of sions thereof are suspended or become the term of office of any member of the inoperative. committee, such member shall account (b) At any time during or after the for all receipts and disbursements and fiscal period, the Secretary may in- deliver all property and funds, together crease the rate of assessment so that with all books and records, in his pos- the sum of money collected pursuant session, to his successor in office, and to the provisions of this section shall shall execute such assignments and be adequate to cover the said expenses. other instruments as may be necessary Such increase shall be applicable to all or appropriate to vest in such successor fruit shipped during the given fiscal pe- full title to all of the property, funds, riod. In order to provide funds to carry and claims vested in such member pur- out the functions of the committee es- suant to this subpart. tablished under § 905.19, handlers may [22 FR 10734, Dec. 27, 1957. Redesignated at 26 make advance payment of assessments. FR 12751, Dec. 30, 1961, as amended at 42 FR (c) In the case of an extreme emer- 59370, Nov. 17, 1977] gency, the committee may borrow money on a short term basis to provide EXPENSES AND ASSESSMENTS funds for the administration of this part. Any such borrowed money shall § 905.40 Expenses. only be used to meet the committee’s The committee is authorized to incur current financial obligations, and the such expenses as the Secretary finds committee shall repay all such bor- are reasonable and likely to be in- rowed money by the end of the next fis- curred to carry out the functions of the cal period from assessment income. committee under this subpart during [22 FR 10734, Dec. 27, 1957. Redesignated at 26 each fiscal period. The funds to cover FR 12751, Dec. 30, 1961, as amended at 42 FR such expenses shall be acquired by the 59370, Nov. 17, 1977; 54 FR 37293, Sept. 8, 1989] levying of assessments upon handlers as provided in § 905.41. § 905.42 Handler’s accounts. [22 FR 10734, Dec. 27, 1957. Redesignated at 26 (a) If, at the end of a fiscal period, FR 12751, Dec. 30, 1961, as amended at 42 FR the assessments collected are in excess 59370, Nov. 17, 1977] of expenses incurred, the Committee, with the approval of the Secretary, § 905.41 Assessments. may carry over such excess into subse- (a) Each handler who first handles quent fiscal periods as a reserve: Pro- fruit shall pay to committee, upon de- vided, That funds already in the reserve mand, such handler’s pro rata share of do not exceed approximately two fiscal the expenses which the Secretary finds periods’ expenses. Such reserve funds will be incurred by the committee for may be used (1) to cover any expenses the maintenance and functioning, dur- authorized by this part and (2) to cover ing each fiscal period, of the com- necessary expenses of liquidation in mittee established under this subpart. the event of termination of this part. If Each such handler’s share of such ex- any such excess is not retained in a re- penses shall be that proportion thereof serve, each handler entitled to a pro- which the total quantity of fruit portionate refund shall be credited shipped by such handler as the first with such refund against the oper- handler thereof during the applicable ations of the following fiscal period un- fiscal period is of the total quantity of less he demands payment of the sum fruit so shipped by all handlers during due him, in which case such sum shall the same fiscal period. The Secretary be paid to him. Upon termination of shall fix the rate of assessment per this part, any funds not required to de- standard packed carton of fruit to be fray the necessary expenses of liquida- paid by each such handler. The pay- tion shall be disposed of in such man- ment of assessments for the mainte- ner as the Secretary may determine to nance and functioning of the com- be appropriate: Provided, That to the mittee may be required under this part extent practical, such funds shall be re- throughout the period it is in effect ir- turned pro rata to the persons from respective of whether particular provi- whom such funds were collected.

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(b) The committee may, with the ap- for market of each variety and the proval of the Secretary, maintain in its change in grades and sizes thereof as own name or in the name of its mem- the respective seasons advance. In the bers a suit against any handler for the event it is deemed advisable to alter collection of such handler’s pro rata such marketing policy or advisable share of the said expense. proportion as the shipping season pro- gresses, in view of changed demand and [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 34 FR supply conditions with respect to fruit, 12427, July 30, 1969; 42 FR 59371, Nov. 17, 1977; the said committee shall submit to the 81 FR 10455, Mar. 1, 2016] Secretary a report thereon. (d) The committee shall transmit a REGULATIONS copy of each marketing policy report or revision thereof to the Secretary § 905.50 Marketing policy. and to each producer and handler who (a) Before making any recommenda- files a request therefor. Copies of all tions pursuant to § 905.51 for any vari- such reports shall be maintained in the ety of fruit, the committee shall, with office of the committee where they respect to the regulations permitted by shall be available for examination by § 905.52, submit to the Secretary a de- producers and handlers. tailed report setting forth an advisable [22 FR 10734, Dec. 27, 1957. Redesignated at 26 marketing policy for such variety for FR 12751, Dec. 30, 1961, as amended at 30 FR the then current shipping season. Such 13934, Nov. 4, 1965; 42 FR 59371, Nov. 17, 1977] report shall set forth the proportion of the remainder of the total crop of such § 905.51 Recommendations for regula- variety of fruit (determined by the tion. committee to be available for shipment (a) Whenever the committee deems it during the remainder of the shipping advisable to regulate any variety in season of such variety) deemed advis- the manner provided in § 905.52, it shall able by the committee to be shipped give due consideration to the following during such season. factors relating to the citrus fruit pro- (b) In determining each such mar- duced in Florida and in other States: keting policy and advisable proportion, (1) Market prices, including prices by the committee shall give due consider- grades and sizes of the fruit for which ation to the following factors relating regulation is recommended; (2) matu- to citrus fruit produced in Florida and rity, condition, and available supply, in other States: including the grade and size thereof in (1) The available crop of each variety the producing areas; (3) other pertinent of citrus fruit in Florida, and in other market information; and (4) the level States, including the grades and sizes and trend in consumer income. The thereof, which grades and sizes in Flor- committee shall submit to the Sec- ida shall be determined by the com- retary its recommendations and sup- mittee pursuant to § 905.31; porting information respecting the fac- (2) The probable shipments of citrus tors enumerated in this section. fruit from other States; (b) The committee shall give notice (3) The level and trend in consumer of any meeting to consider the rec- income; ommendation of regulations pursuant (4) The prospective supplies of com- to § 905.52 by mailing a notice of meet- petitive commodities; and ing to each handler who has filed his (5) Other pertinent factors bearing on address with committee for this pur- the marketing of fruit. pose. The committee shall give the (c) In addition to the foregoing, the same notice of any such recommenda- committees shall set forth a schedule tion before the time it is recommended of proposed regulations for the remain- that such regulation become effective. der of the shipping season for each variety of fruit for which recommenda- [42 FR 59370, Nov. 17, 1977] tions to the Secretary pursuant to § 905.51 are contemplated. Such sched- § 905.52 Issuance of regulations. ules shall recognize the practical oper- (a) Whenever the Secretary shall find ations of harvesting and preparation from the recommendations and reports

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of the committee, or from other avail- any point outside thereof within the able information, that to limit the United States. shipment of any variety would tend to (6) Any regulations or requirements effectuate the declared policy of the pertaining to intrastate shipments act, he shall so limit the shipment of shall not be implemented unless Flor- such variety during a specified period ida statutes and regulations regulating or periods. Such regulations may: such shipments are not in effect. (1) Limit the shipments of any grade (b) Prior to the beginning of any such or size, or both, of any variety, in any regulations, the Secretary shall notify manner as may be prescribed, and any the committee of the regulation issued such limitation may provide that ship- by him, and the committee shall notify ments of any variety grown in Regula- all handlers by mailing a copy thereof tion Area II shall be limited to grades to each handler who has filed his ad- and sizes different from the grade and dress with said committee for this pur- size limitations applicable to ship- pose. ments of the same varieties grown in (c) Whenever the Secretary finds Regulation Area I: Provided, That from the recommendations and reports whenever any such grade or size limita- of the committee, or from other avail- tion restricts the shipment of a portion able information, that a regulation of a specified grade or size of a variety should be modified, suspended, or ter- the quantity of such grade or size that minated with respect to any or all may be shipped by a handler during a shipments of fruit in order to effec- particular week shall be established as tuate the declared policy of the act, he a percentage of the total shipments of shall so modify, suspend, or terminate such variety by such handler in such such regulation. If the Secretary finds prior period established by the com- that a regulation obstructs or does not mittee with the approval of the Sec- tend to effectuate the declared policy retary, in which he shipped such vari- of the act, he shall suspend or termi- ety. nate such regulation. On the same (2) Limit the shipment of any variety basis, and in like manner, the Sec- by establishing and maintaining, only retary may terminate any such modi- in terms of grades or sizes, or both, fication or suspension. minimum standards of quality and ma- (d) Whenever any variety is regulated turity; pursuant to paragraph (a)(3) of this sec- (3) Limit the shipment of the total tion, no such regulation shall be quantity of any variety by prohibiting deemed to limit the right of any person the shipment thereof: Provided, that to sell, contract to sell, or export such no such prohibition shall apply to ex- variety but no handler shall otherwise ports or be effective during any fiscal ship any fruit of such variety which period with respect to any variety was prepared for market during the ef- other than for one period not exceeding fective period of such regulation. five days during the week in which [22 FR 10734, Dec. 27, 1957. Redesignated at 26 Thanksgiving Day occurs, and for not FR 12751, Dec. 30, 1961, as amended at 34 FR more than two periods not exceeding a 12427, July 30, 1969; 42 FR 59370, Nov. 17, 1977; total of 14 days during the period De- 54 FR 37292, Sept. 8, 1989; 81 FR 10455, Mar. 1, cember 20 to January 20, both dates in- 2016] clusive. (4) Establish, prescribe, and fix the § 905.53 Inspection and certification. size, capacity, weight, dimensions, (a) Whenever the handling of a vari- marking (including labels and stamps), ety of a type of fruit is regulated pur- or pack of the container or containers suant to § 905.52, each handler who han- which may be used in the packaging, dles any variety of such type of fruit transportation, sale, shipment, or shall, prior to the handling of any lot other handling of fruit. of such variety, cause such lot to be in- (5) Provide requirements that may be spected by the Federal-State Inspec- different for the handling of fruit with- tion Service and certified by it as in the production area, the handling of meeting all applicable requirements of fruit for export, or for the handling of such regulation: Provided, That such fruit between the production area and inspection and certification shall not

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be required if the particular lot of fruit ard packed carton of fruit shipped by previously had been so inspected and him and may require such information certified unless such prior inspection to be mailed or delivered to the com- was not performed within such time mittee or its duly authorized rep- limitations as may be prescribed pursu- resentative, within 24 hours after such ant to paragraph (b) of this section. shipment is made, in a manner or by Each handler shall promptly submit, or such method as the said committee cause to be submitted, to the com- may prescribe, and upon such forms as mittee a copy of each certificate of in- may be prepared by it. spection issued to him covering varieties so handled. [42 FR 59371, Nov. 17, 1977] (b) With respect to any variety regulated pursuant to § 905.52(a)(4), the com- § 905.71 Other information. mittee may prescribe, with the ap- Upon request of the committee, made proval of the Secretary, such require- with the approval of the Secretary, ments with respect to time of inspec- every handler shall furnish the com- tion as it may deem necessary to in- mittee, in such manner and at such sure satisfactory condition of the fruit times as it prescribes, such other infor- at time of export. mation as will enable it to perform its [22 FR 10734, Dec. 27, 1957. Redesignated at 26 duties under this subpart. FR 12751, Dec. 30, 1961, as amended at 42 FR 59371, Nov. 17, 1977] [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 42 FR § 905.54 Marketing, research and de- 59371, Nov. 17, 1977] velopment. The committee may, with the ap- MISCELLANEOUS PROVISIONS proval of the Secretary, establish, or § 905.80 Fruit not subject to regula- provide for the establishment of, tion. projects including production research, marketing research and development Except as otherwise provided in this projects, and marketing promotion in- section, any person may, without re- cluding paid advertising, designed to gard to the provisions of §§ 905.52 and assist, improve, or promote the mar- 905.53 and the regulations issued there- keting, distribution, and consumption under, ship any variety for the fol- or efficient production of fruit. The ex- lowing purposes: (a) To a charitable in- penses of such projects shall be paid by stitution for consumption by such in- funds collected pursuant to § 905.41. stitution; (b) to a relief agency for dis- Upon conclusion of each project, but at tribution by such agency; (c) to a com- least annually, the committee shall mercial processor for conversion by summarize the program status and ac- such processor into canned or frozen complishments to its members and the products or into a beverage base; (d) by Secretary. A similar report to the com- parcel post; or (e) in such minimum mittee shall be required of any con- quantities, types of shipments, or for tracting party on any project carried such purposes as the committee with out under this section. Also, for each the approval of the Secretary may project, the contracting party shall be specify. No assessment shall be levied required to maintain records of money received and expenditures, and such on fruit so shipped. The committee shall be available to the committee shall, with the approval of the Sec- and the Secretary. retary, prescribe such rules, regulations, or safeguards as it may deem [74 FR 46306, Sept. 9, 2009] necessary to prevent varieties handled HANDLERS’ REPORTS under the provisions of this section from entering channels of trade for § 905.70 Manifest report. other than the purposes authorized by The committee may request informa- this section. Such rules, regulations, tion from each handler regarding the variety, grade, and size of each stand-

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and safeguards may include the re- who during a representative period, de- quirements that handlers shall file ap- termined by the Secretary, have been plications with the committee for au- engaged in the production for market thorization to handle a variety pursu- of the fruit in the production area. ant to this section, and that such ap- Such termination shall be announced plications be accompanied by a certifi- on or before July 31 of the fiscal period. cation by the intended purchaser or re- (d) The provisions of this part shall, ceiver that the variety will not be used in any event, terminate whenever the for any purpose not authorized by this provisions of the act authorizing it section. cease to be in effect. [22 FR 10734, Dec. 27, 1957. Redesignated at 26 [22 FR 10734, Dec. 27, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 42 FR FR 12751, Dec. 30, 1961, as amended at 54 FR 59371, Nov. 17, 1977] 37293, Sept. 8, 1989]

§ 905.81 Compliance. § 905.84 Proceedings after termination. Except as provided in this part, no (a) Upon the termination of the pro- person shall ship fruit the shipment of visions of this part, the then func- which has been prohibited by the Sec- tioning members of the committee retary in accordance with the provi- shall continue as joint trustees, for the sions of this part. purpose of liquidating the affairs of the committee, of all the funds and prop- § 905.82 Effective time. erty then in the possession of or under The provisions of this subpart shall control of committee, including claims become effective on and after 12:01 for any funds unpaid or property not a.m., e.s.t., September 1, 1946, and shall delivered at the time of such termi- continue in force until terminated in nation. one of the ways specified in § 905.83. (b) The said trustees (1) shall continue in such capacity until discharged § 905.83 Termination. by the Secretary, (2) shall, from time (a) The Secretary may at any time to time, account for all receipts and terminate the provisions of this part disbursements or deliver all property by giving at least one day’s notice by on hand, together with all books and means of a press release or in any other records of the committee and of the manner which he may determine. joint trustees, to such person as the (b) The Secretary shall terminate the Secretary may direct; and (3) shall, provisions of this part at the end of upon the request of the Secretary, exe- any fiscal period whenever he finds cute such assignments or other instru- that such termination is favored by a ments necessary or appropriate to vest majority of producers who, during the in such person full title and right to all preceding fiscal period, have been en- of the funds, property, and claims vest- gaged in the production for market of ed in the committee, or the joint trust- fruit: Provided, That such majority ees pursuant to this part. have, during such period, produced for (c) Any funds collected pursuant to market more than 50 percent of the § 905.41, over and above the amounts volume of such fruit produced for mar- necessary to meet outstanding obliga- ket, but such termination shall be ef- tions and expenses necessarily incurred fective only if announced on or before during the operation of this part and July 31 of the then current fiscal pe- during the liquidation period, shall be riod. returned to handlers as soon as prac- (c) The Secretary shall conduct a ref- ticable after the termination of this erendum six years after the effective part. The refund to each handler shall date of this paragraph and every sixth be represented by the excess of the year thereafter to ascertain whether amount paid by him over and above his continuance of this part is favored by pro rata share of the expenses. producers. The Secretary may termi- (d) Any person to whom funds, prop- nate the provisions of this part at the erty, or claims have been transferred end of any fiscal period in which the or delivered by the committee or its Secretary has found that continuance members, pursuant to this section, of this part is not favored by producers shall be subject to the same obligations

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imposed upon the members of the com- cumstance, or thing shall not be af- mittee and upon the said joint trust- fected thereby. ees. [22 FR 10734, Dec. 27, 1957. Redesignated at 26 Subpart B—Administrative FR 12751, Dec. 30, 1961, as amended at 42 FR Requirements 59371, Nov. 17, 1977]

§ 905.85 Duration of immunities. SOURCE: 42 FR 59371, Nov. 17, 1977, unless otherwise noted. The benefits, privileges, and immunities conferred upon any person by vir- § 905.105 Tangerine and grapefruit tue of this part shall cease upon its ter- classifications. mination, except with respect to acts (a) Pursuant to § 905.5(m), the fol- done under and during the existence of lowing classifications of grapefruit are this part. renamed as follows: (1) Marsh and other seedless grape- § 905.86 Agents. fruit, excluding pink grapefruit, are re- The Secretary may, by designation in named as Marsh and other seedless writing, name any person, including grapefruit, excluding red grapefruit; any officer or employee of the Govern- (2) Duncan and other seeded grape- ment, or name any bureau or division fruit, excluding pink grapefruit, are re- in the United States Department of Ag- named as Duncan and other seeded riculture, to act as his agent or rep- grapefruit, excluding red grapefruit; resentative in connection with any of (3) Pink seedless grapefruit is re- the provisions of this part. named as Red seedless grapefruit; (4) Pink seeded grapefruit is renamed § 905.87 Derogation. as Red seeded grapefruit. Nothing contained in this part is, or (b) Pursuant to § 905.5(m), the term shall be construed to be in derogation variety or varieties includes Sunburst or in modification of the rights of the and Fallglo tangerines. Secretary or of the United States (a) to exercise any powers granted by the act [56 FR 49132, Sept. 27, 1991, as amended at 63 FR 55500, Oct. 16, 1998] or otherwise, or (b) in accordance with such powers, to act in the premises § 905.107 Registered handler certifi- whenever such action is deemed advis- cation. able. Each handler who handles citrus § 905.88 Personal liability. grown in the production area must be certified as a registered handler by the No member or alternate of the com- Committee in order to ship such regu- mittee nor any employee or agent lated citrus outside of the regulated thereof, shall be held personally re- area. A handler who is certified as a sponsible, either individually or jointly registered handler is a handler who has with others, in any way whatsoever, to adequate facilities to meet the require- any handler or to any other person for ments for preparing citrus for market, errors in judgment, mistakes, or other obtains inspection on citrus handled, acts, either of commission or omission, agrees to handle citrus in compliance as such member, alternate, or em- with the Order’s grade, size and con- ployee, except for acts of dishonesty. tainer requirements, pays applicable [22 FR 10734, Dec. 27, 1957. Redesignated at 26 assessments on a timely basis, submits FR 12751, Dec. 30, 1961, as amended at 42 FR reports required by the Committee, and 59371, Nov. 17, 1977] agrees to comply with other regulatory requirements on the handling of citrus § 905.89 Separability. grown in the production area. If any provision of this part is de- (a) Eligibility. Based on the criteria clared invalid, or the applicability specified in this section, the Com- thereof to any person, circumstance, or mittee shall determine eligibility for thing is held invalid, the validity of the certification as a registered handler. remainder of this part or the applica- The Committee or its authorized agent bility thereof to any other person, cir- shall inspect a handler’s facilities to

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determine if the facilities are adequate mittee shall recertify the handler’s for preparing citrus for market. To be registration at such time as the han- adequate for such purposes, the facili- dler corrects the deficiencies which re- ties must be permanent, nonportable sulted in the cancellation and the Com- buildings located in the production mittee or its agent verifies compliance. area with equipment that is nonport- The Committee shall notify the han- able for the proper washing, grading, dler in writing of its recertification. sizing and packing of citrus grown in (e) Inspection certification. During any the production area. period in which the handling of citrus (b) Application for certification. Appli- is regulated pursuant to this part, no cation for certification shall be exe- handler shall obtain an inspection cer- cuted by the handler by August 1st of tifying that the handler’s citrus meets fiscal period and filed with the Com- the requirements of the Order unless mittee on a form, prescribed by and the handler has been certified as a reg- available at the principal office of the istered handler by the Committee. Any Committee, containing the following person who is not certified as a reg- information: istered handler may receive inspection (1) Business name, from the Federal-State Inspection (2) Address of handling facilities (in- Service, however, the inspection cer- cluding telephone, email and facsimile tificate shall state ‘‘Fails to meet the number), requirements of Marketing Order No. (3) Mailing address (if different from 905 because the handler is not a reg- handling facility address), istered handler.’’ (4) Number of years in the citrus (f) Contrary shipping. The Committee business in Florida, may cancel or deny a handler’s reg- (5) Type of business entity, and istration if the handler has shipped cit- (6) Names of senior officers, partners, rus contrary to the provisions of this or principal owners with financial in- part. The cancellation or denial of a terest in the business. handler’s registration shall be effective (c) Determination of certification. If the for a minimum of two weeks and not Committee determines from available exceed the applicable shipping season information that an applicant meets as determined by the Committee. the criteria specified in this section, (g) Appeals. Any handler who has the applicant shall be certified as a been denied a handler’s registration or registered handler and informed by who has had a handler’s registration written notice from the Committee. cancelled, may appeal to the Sec- Certification is effective for a fiscal pe- retary, supported by any arguments riod unless the Committee determines, and evidence the handler may wish to based on criteria herein, that cancella- offer as to why the application for cer- tion is warranted. If certification is de- tification or recertification should nied, the handler shall be informed by have been approved. The appeal shall the Committee in writing, stating the be in writing and received at the Spe- reasons for denial. cialty Crops Program office in Wash- (d) Cancellation of certification. A reg- ington, DC, within 90 days of the date istered handler’s certification shall be of notification of denial or cancella- cancelled by the Committee, with the tion. approval of the Secretary, if the handler fails to pay assessments within 90 [85 FR 55362, Oct. 8, 2020] days of the invoice date, fails to provide reports to the Committee, or no § 905.114 Redistricting of citrus dis- longer has adequate facilities as de- tricts and reapportionment of grower members. scribed in this section. Cancellation of a handler’s certification shall be made Pursuant to § 905.14, the citrus dis- in writing to the handler and shall tricts and membership allotted each specify the reason(s) for and effective district shall be as follows: date of the cancellation. Cancellation (a) Citrus District One shall include shall be for a minimum two-week pe- the counties of Alachua, Baker, Brad- riod if a handler is found to be shipping ford, Citrus, Clay, Columbia, Duval, without proper inspection. The Com- Flagler, Gilchrist, Hernando,

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Hillsborough, Lake, Levy, Marion, Nas- (e) At each meeting each eligible per- sau, Orange, Osceola, Pasco, Pinellas, son may cast one vote for each of the Polk, Putnam, Seminole, St. Johns, persons to be nominated to represent Sumter, Suwannee, and Union and the district or group, as the case may County Commissioner’s Districts One, be. Two, and Three of Volusia County, and (f) Voting may be by written ballot. that part of the counties of Indian If written ballots are used, all ballots River and Brevard not included in Reg- shall be delivered by the chairman or ulation Area II. This district shall have the secretary of the meeting to the two grower members and alternates. agent of the Secretary. If ballots are (b) Citrus District Two shall include not used, the committee’s representa- the counties of Broward, Charlotte, tive shall deliver to the Secretary’s Collier, Dade, De Soto, Glades, Hardee, agent a listing of each person nomi- Hendry, Highlands, Lee, Manatee, Mon- nated and a count of the number of roe, Okeechobee, Sarasota, and that votes cast for each nominee for grower part of the counties of Palm Beach and member and alternate. Said represent- Martin not included in Regulation ative shall also provide the agent the Area II. This district shall have three register of eligible voters present at grower members and alternates. each meeting, a listing of each person (c) Citrus District Three shall include nominated, the number of votes cast, the County of St. Lucie and that part and the weight by volume of shipments of the counties of Brevard, Indian voted for each nominee for shipper River, Martin, and Palm Beach de- member and alternate. scribed as lying within Regulation (g) Up to four grower members may Area II, and County Commissioner’s be growers who are also shippers, or Districts Four and Five of Volusia growers who are also employees of County. This district shall have four shippers. grower members and alternates. [43 FR 9455, Mar. 8, 1979, as amended at 78 FR [78 FR 13781, Mar. 1, 2013] 13781, Mar. 1, 2013]

§ 905.120 Nomination procedure. NON-REGULATED FRUIT Meetings shall be called by the com- § 905.140 Gift packages. mittee in accordance with the provi- Any handler may, without regard to sions of § 905.22, for the purpose of mak- the provisions of §§ 905.52 and 905.53 and ing nominations for members and al- the regulations issued thereunder, ship ternate members of the Citrus Admin- any varieties for the following purpose istrative Committee. The manner of and types of shipment: nominating members and alternate members of said committee shall be as (a) To any person gift packages con- follows: taining such varieties: Provided, That such packages are individually ad- (a) At each such meeting the com- dressed to such person, and shipped di- mittee’s representative shall announce rectly to the addressee for use by such the requirements as to eligibility for person other than for resale; or voting for nominees and the procedure (b) to any individual gift package dis- for voting, and shall explain the duties tributor of such varieties to be handled of the committee. by such distributor: Provided, That (b) A chairman and a secretary of such person is the original purchaser each meeting shall be selected. and the gift packages are individually (c) At each meeting there shall be addressed or marked ‘‘not for resale’’. presented for nomination and there This exemption does not apply to shall be nominated not less than the ‘‘commercially handled’’ shipments for number of nominees required under the resale. provisions of § 905.19, all of whom shall have the qualifications as specified in [58 FR 65539, Dec. 15, 1993] § 905.22. (d) At the meetings of handlers, any § 905.141 Minimum exemption. person authorized to represent a han- Any shipment of fruit which meets dler may cast a ballot for such handler. each of the following requirements

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may be transported from the produc- ment. Such certification shall accom- tion area during any one day by any pany the manifest of such shipment person or by the occupants of one vehi- which the handler furnishes to the Fed- cle exempt from the requirements of eral-State Inspection Service. §§ 905.52 and 905.53 and regulations issued thereunder: § 905.146 Special purpose shipments. (a) The shipment does not exceed a (a) A Special Purpose Shipper is one total of 15 standard packed cartons (12 who handles Florida citrus fruit that is bushels) of fruit, either a single fruit or certified by a Florida Department of a combination of two or more fruits; Agriculture and Consumer Services li- (b) The shipment consists of fruit not censed certifying agent as organically for resale; and grown under Florida law. In addition, (c) Such exempted quantity is not in- the shipper shall certify that ship- cluded as a part of a shipment exceed- ments will be limited to outlets han- ing 15 standard packed cartons (12 dling organically grown fruits. Any bushels) of fruit. such shipments shall be subject to a Certificate of Privilege issued by the § 905.142 Animal feed. committee. (a) The handling of citrus for animal (b) To qualify for a Certificate of feed shall be exempt from the provi- Privilege, each such shipper must no- sions of §§ 905.52 and 905.53 and the regu- tify the committee prior to the first lations issued thereunder under the fol- shipment of certified organically lowing conditions: grown Florida citrus fruit in the fiscal (1) The handler notifies the com- period of the shipper’s intent to ship mittee each fiscal period, prior to such such citrus, submit an application on handling of his/her intention to handle forms supplied by the committee, and such fruit, the quantity he/she antici- agree to other requirements as set pates handling and the destination forth in §§ 905.147 and 905.148 inclusive, point of each lot of fruit and receives with respect to such shipments. The from the committee a special shipping shipper shall certify that no claims permit for the shipment; will be made, written or verbal, con- (2) The fruit is used for animal feed cerning any alleged advantages of and is not offered for resale, disposed using, or any alleged superiority of, of, or in any way handled so as to enter fruit shipped under a Certificate of fresh fruit channels; Privilege, compared to other Florida (3) The quantity does not exceed 1,000 produced citrus. 4 ⁄5 bushel cartons per fiscal period or (c) Citrus meeting all other applica- such other quantity as may be speci- ble requirements may be handled with- fied by the committee; out regard to grade regulations issued (4) The fruit is placed in containers of under § 905.52 under the following con- uniform capacity; and ditions: (5) Each shipment is certified by the (1) Such fruit meets the requirements Federal-State Inspection Service as to of U. S. No. 2 Russet grade and those the quantity shipped. requirements of U. S. No. 1 grade relat- (b) [Reserved] ing to shape (form), as such require- [46 FR 47056, Sept. 24, 1981] ments are set forth in the revised U. S. Standards for Grades of Florida Or- § 905.145 Certification of certain ship- anges and Tangelos (7 CFR 51.1140 ments. through 51.1179), the revised Standards Whenever a regulation pursuant to for Florida Tangerines (7 CFR 51.1810 § 905.52 restricts the shipment of a por- through 51.1837), or the revised U. S. tion of a specified grade or size of a va- Standards for Grades of Florida Grape- riety, each handler shipping such vari- fruit (7 CFR 51.750 through 51.784). Such ety during the regulation period shall, fruit also meets applicable minimum with respect to each such shipment, size requirements in effect for domestic certify to the U.S. Department of Agri- shipments of citrus fruits. culture and the committee the quan- (2) All such citrus shall be inspected tity of the partially restricted grade or as required by § 905.53 by the Federal or size, or both, contained in such ship- Federal-state Inspection Service prior

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to the time such citrus is shipped from no event shall it extend beyond the end the packing facility, and certified as of the current fiscal period. In the case meeting the applicable requirements. of the denial of an application for the (3) Be reported as required in § 905.148. issuance of an initial certificate, such [59 FR 26928, May 25, 1994, as amended at 66 certificate shall be denied until the ap- FR 229, Jan. 3, 2001] plicant comes into compliance with the requirements and regulations applica- § 905.147 Certificate of privilege. ble to such certificates. Prior to sus- (a) Application. Application for Cer- pending or denying an application for a tificate of Privilege by a Special Pur- Certificate of Privilege, the committee pose Shipper shall be made on forms shall give the shipper or applicant rea- furnished by the committee. Each ap- sonable advance notice in writing of its plication may contain, but need not be intention and the facts and reasons limited to, the name and address of therefor, and afford the shipper or ap- each handler; a list of certified organic plicant an opportunity, either orally or citrus fruit growers, including address- in writing, to present opposing facts es; a list of receivers; the quantity and and reasons. The shipper or applicant variety of citrus to be shipped; a cer- shall be informed of the committee’s tification to the Secretary of Agri- determination in writing and in a time- culture and to the committee as to the ly manner. truthfulness of the information shown thereon; and any other appropriate in- [43 FR 9456, Mar. 8, 1978, as amended at 59 FR formation or documents deemed nec- 26929, May 25, 1994] essary by the committee or its duly authorized agents for the purposes stated § 905.148 Reports of special purpose in § 905.146. shipments under certificates of (b) Approval. The committee or its privilege. duly authorized agents shall give (a) Each handler of citrus shipping prompt consideration to each applica- under Certificates of Privilege shall tion for a Certificate of Privilege. Ap- supply the committee with reports on proval of an application based upon a each shipment as requested by the determination as to whether the infor- committee, on forms supplied by the mation contained therein and other in- committee, showing the name and ad- formation available to the committee dress of the shipper or shippers; name supports approval, shall be evidenced and address of the certified organic by the issuance of a Certificate of Florida citrus fruit grower or growers Privilege to the applicant. Each certifi- supplying fruit for such shipment; cate shall expire at the end of the fiscal truck or other conveyance identifica- period. tion; the loading point; destination, (c) Suspension or Denial of Certificate consignee; the inspection certificate of Privilege. The committee may investigate the handling of special purpose number; and any other information shipments under Certificates of Privi- deemed necessary by the committee. lege to determine whether Special Pur- (b) One copy of the report on each pose Shippers are complying with the shipment shall be forwarded by the requirements and regulations applica- shipper to the committee within 10 ble to such certificates. Whenever the days after such shipment, and two cop- committee finds that a Special Purpose ies of the report shall accompany each Shipper or consignee is failing to com- shipment to the receiver. Upon the re- ply with the requirements and regula- ceipt of each shipment, the receiver tions applicable to such certificates, shall complete the applicable portion the Certificate of Privilege issued to of the form and return one copy to the such Special Purpose Shipper may be committee within 10 days and one copy suspended or, in the case of an applica- shall be retained by the shipper. Such tion for the issuance of an initial Cer- completion shall contain a certifi- tificate of Privilege, may be denied. cation to the Secretary and the com- Such suspension of a certificate shall mittee that the citrus described shall be for a reasonable period of time as be distributed in the outlets described. determined by the committee, but in Failure to complete and return such

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forms will be cause to remove that re- may investigate the handling of tree ceiver’s name from the committee’s run shipments under a Grower Tree list of eligible receivers. Run Certificate to determine whether [43 FR 9456, Mar. 8, 1978, as amended at 59 FR growers are complying with the re- 26929, May 25, 1994] quirements and regulations applicable to such certificates. Whenever the § 905.149 Procedure for permitting committee finds that a grower is fail- growers to ship tree run citrus ing to comply with the requirements fruit. and regulations applicable to such cer- (a) Tree run citrus fruit. Tree run cit- tificates, the Grower Tree Run Certifi- rus fruit as referenced in this section is cate issued to such grower may be sus- defined in the Florida Department of pended or, in the case of an application Citrus (FDOC) regulation 20–35.006, for the issuance of an initial Grower which specifies that ‘‘Tree run grade is Tree Run Certificate, may be denied. that grade of naturally occurring Such suspension of a certificate shall sound and wholesome citrus fruit be for a reasonable period of time as which has not been separated either as determined by the committee, but in to grade or size after severance from no event shall it extend beyond the end the tree.’’ Wholesomeness is as defined of the fiscal period. In the case of the in FDOC regulation 20–62.002. The tree denial of an application for the run citrus fruit shipped under this pro- issuance of an initial certificate, such vision also must be from the applying certificate shall be denied until the ap- grower’s own grove. plicant comes into compliance with the (b) Application. A grower shall apply requirements and regulations applica- to ship tree run fruit using a Grower ble to such certificates. Prior to sus- Tree Run Certificate Application, fur- pending or denying an application for a nished by the committee. Such applica- Grower Tree Run Certificate, the com- tion shall contain, but not be limited mittee shall give the grower reasonable to: the name, address, and phone num- advance notice in writing of its inten- ber of the grower; legal description of tion and the facts and reasons therefor, the grove(s) from which citrus will be and afford the grower an opportunity, shipped; variety of citrus produced on either orally or in writing, to present the identified grove(s); approximate opposing facts and reasons. The grower number of boxes produced on the iden- shall be informed of the committee’s tified grove(s); and a certification to determination in writing and in a time- the U.S. Department of Agriculture ly manner. and to the committee as to the truth- (e) To qualify for a Grower Tree Run fulness of the information shown there- Certificate, each such grower must noon; and any other appropriate informa- tify the committee prior to the first tion or documents deemed necessary by shipment of tree run Florida citrus the committee or its duly authorized fruit of the grower’s intent to ship such agents. citrus, submit an application on forms (c) Approval. The committee or its supplied by the committee, and agree duly authorized agents shall give to other requirements as set forth in prompt consideration to each applica- this section with respect to such ship- tion for a Grower Tree Run Certificate. ments. Approval of an application will be (f) The handling of tree run citrus based upon a determination as to under a Grower Tree Run Certificate whether the information contained shall be exempt from the provisions of therein and on whether other informa- §§ 905.52 and 905.53 and the regulations tion available to the committee sup- issued thereunder, under the following ports an application’s approval. Ap- conditions: proval of an application shall be evi- (1) A grower may only ship up to 150 denced by the issuance of a Grower 13⁄5 bushel boxes per variety, per ship- Tree Run Certificate to the applicant. ment. Each certificate shall expire at the end (2) A grower may only ship up to 3,000 of the fiscal period. boxes per variety per season. (d) Suspension or denial of a Grower (3) Each grower shall apply to the Tree Run Certificate. The committee Citrus Administrative Committee and

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receive a Grower Tree Run Certificate § 905.153 Procedure for determining prior to shipping their own tree run handlers’ permitted quantities of Florida citrus fruit. red seedless grapefruit when a por- (4) Each grower of citrus shipping tion of sizes 48 and 56 of such vari- under a Grower Tree Run Certificate ety is restricted. shall supply the committee with re- (a) For the purposes of this section, ports on each shipment as requested by the prior period specified in § 905.52 is the committee, on forms supplied by hereby established as an average week the committee, providing the following within the immediately preceding information: The name and address of three seasons. Each handler’s average the grower, along with the grower’s week shall be computed by adding the Grower Tree Run Certificate number; total volume of red seedless grapefruit the legal description of the grove; the handled in the immediately preceding variety and amount of citrus shipped; three seasons and dividing the total by the date the fruit was shipped; and the 99. The average week for handlers with truck/trailer license number. A copy of less than three previous seasons of the form will be completed for each shipments shall be calculated by add- shipment. One copy of the report will ing the total volume of shipments for be forwarded by the grower to the com- the seasons they did ship red seedless mittee office within 10 days after such grapefruit, divide by the number of sea- shipment, and one copy of the report sons, divide further by 33. If crop condi- will accompany each shipment and be tions limit shipments from any or all given to the Road Guard Station. of the immediately preceding three (5) Each container of tree run fruit season(s), the committee may use a shipped under a Grower Tree Run Cer- prior season or seasons for the purposes tificate shall be labeled with or contain of calculating an average week. New the name and address of the grower handlers with no record of shipments could ship size 48 and 56 red seedless shipping under the Grower Tree Run grapefruit as a percentage of total Certificate. shipments equal to the percentage ap- [67 FR 62313, Oct. 7, 2002, as amended at 68 FR plied to other handlers’ average week; 52329, Sept. 3, 2003; 69 FR 50269, Aug. 16, 2004] once such handlers have recorded shipments, their average week shall be cal- § 905.150 Eligibility requirements for culated as an average of total ship- public member and alternate mem- ments for the weeks they have shipped ber. red seedless grapefruit during the cur- (a) The public member shall be nei- rent season. When used in the regula- ther a producer nor a handler of Flor- tion of red seedless grapefruit, the ida citrus fruit and shall have no direct term season means the weeks begin- financial interest in the production or ning the third Monday in September marketing of citrus fruit (except as a and ending the first Sunday in the fol- consumer of agricultural products). lowing May. The term regulation period (b) The public member should be able means the 22-week period beginning to devote sufficient time and express a the third Monday in September of the willingness to attend Committee ac- current season. tivities regularly and become familiar (b) When a size limitation restricts with the background and economics of the shipment of a portion of sizes 48 the industry. and 56 red seedless grapefruit during a (c) The public member must be a particular week as provided in § 905.52, resident of the production area. the committee shall compute the quan- (d) The public member should be tity of sizes 48 and 56 red seedless nominated by the Citrus Administra- grapefruit that may be shipped by each tive Committee and should serve a 1- handler by multiplying the handler’s year term which coincides with the calculated average week shipments of such grapefruit by the percentage es- term of office of producer and handler tablished by regulation for red seedless members of the Committee. grapefruit for that week. Such set per- [43 FR 32397, July 27, 1978] centage may vary from week to week

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but shall not be less than 25 percent in Division packinghouse registration any week. number, and the physical location of (c) The committee shall notify each the packinghouse where the red seed- handler of the quantity of size 48 and 56 less grapefruit is to be prepared for red seedless grapefruit such handler market. The committee shall notify may handle during a particular week. any new handlers of their allotments (d) During any regulation week for prior to the regulation period. which the Secretary has fixed the per- [61 FR 69015, Dec. 31, 1996, as amended at 62 centage of sizes 48 and 56 red seedless FR 52011, Oct. 6, 1997; 64 FR 51892, Sept. 27, grapefruit, any person who has re- 1999; 67 FR 809, Jan. 8, 2002; 69 FR 50278, Aug. ceived an allotment may handle, in ad- 16, 2004; 70 FR 54242, Sept. 14, 2005] dition to their total allotment available, an amount of size 48 and 56 red § 905.161 Repacking shipper. seedless grapefruit up to 10 percent (a) A repacking shipper is a person greater than their allotment. The who repacks and ships citrus fruit quantity of the overshipment shall be grown in the production area in Flor- deducted from the handler’s allotment ida which has been previously infor the following week. Overshipments spected and certified as meeting the re- will not be allowed during the last quirements specified under § 905.52 of week of regulation. If the handler fails the order, and who has obtained a cur- to use his or her entire allotment, the rently valid repacking certificate of undershipment is not carried forward privilege issued to him or her by the to the following week. Each handler committee as specified in § 905.162. shipping size 48 and/or 56 red seedless (b) Each repacking shipper, to qualify grapefruit during the regulation period for a repacking certificate of privilege, shall complete and submit to the com- must notify the committee 10 days mittee, no later than 2 p.m. of the busi- prior to his or her first shipment of re- ness day following the shipment, a repacked citrus fruit during a particular port of red seedless grapefruit ship- fiscal period of his or her intent to ship ments by day for each regulation week. such citrus fruit, submit an Applica- (e) Any handler may transfer or loan tion for a Repacking Certificate of any or all of their shipping allotment Privilege form supplied by the com- (excluding the overshipment allow- mittee, and agree to other require- ance) of size 48 and 56 red seedless ments as set forth in §§ 905.162 and grapefruit to any other handler. Each 905.163 inclusive, with respect to such handler party to such transfer or loan shipments. The repacking shipper shall shall no later than noon on the certify that he or she will only handle Wednesday following the regulation previously inspected and certified cit- week notify the committee so the prop- rus fruit. er adjustment of records may be made. (c) Any repacking shipper who han- In each case, the committee shall con- dles citrus fruit shipped under a re- firm in writing all such transactions, packing certificate of privilege must, prior to the following week, to the han- other order provisions not with- dlers involved. The committee may act standing, meet the following require- on behalf of handlers wanting to ar- ments: range allotment loans or participate in (1) All such citrus fruit must be posi- the transfer of allotments. tive lot identified by the Federal or (f) New handlers with no record of Federal/State Inspection Service and shipments planning to ship red seedless certified as meeting the applicable re- grapefruit covered by any percentage quirements for citrus fruit shipped to size regulation shall register with the the domestic market (fruit shipped committee prior to the regulation pe- from the production area to any point riod so their allotments can be prop- outside thereof in the 48 contiguous erly calculated. Each new handler shall States and the District of Columbia of provide on a form furnished by the the United States), prior to being re- committee their Florida citrus fruit packed and shipped by the repacking dealer’s license number, their Florida shipper. Each such citrus fruit ship- Department of Agriculture and Con- ment shall be accompanied by a Fed- sumer Services’ Fruit and Vegetable eral-State manifest that certifies the

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grade and amount of each load of citrus citrus fruit shipments under certifi- fruit received, which shall be retained cates of privilege to determine whether by the repacking shipper. repacking shippers are complying with (2) Be reported as required in § 905.163. the requirements and regulations ap- (3) The repacking facility used to re- plicable to such certificates. Whenever pack previously inspected and certified the committee finds that a repacking citrus fruit by the repacking shipper shipper is failing to comply with the shall not have operable equipment to requirements and regulations applica- wash, brush, wax, or dry citrus fruit. ble to such certificates, the certificate (4) All citrus fruit handled by a re- of privilege issued to such repacking packing shipper shall be packed in ap- shipper may be suspended or, in the proved Florida Department of Citrus case of an application for the issuance fruit containers. of an initial certificate of privilege, (5) Each container shipped with such may be denied. Such suspension of a citrus fruit shall be marked with the certificate shall be for a reasonable pe- repacking shipper’s repacking certifi- riod of time as determined by the com- cate of privilege number. mittee, but in no event shall it extend [59 FR 48782, Sept. 23, 1994] beyond the end of the then current fiscal period. In the case of the denial of § 905.162 Repacking certificate of an application for the issuance of an privilege. initial certificate, such certificate (a) Application. Application for a re- shall be denied until the applicant packing certificate of privilege by a re- comes into compliance with the repacking shipper shall be made on an quirements and regulations applicable Application for a Repacking Certificate to such certificates. Prior to sus- of Privilege form supplied by the com- pending or denying an application for a mittee. Each such application shall certificate of privilege, the committee contain, but need not be limited to, the shall give the shipper or applicant an name, address and Florida citrus fruit opportunity, either orally or in writ- dealer license number of the applicant; ing, to present opposing facts and rea- approximate number of boxes to be sons. The shipper or applicant shall be handled during the season; the various informed of the committee’s deter- types of containers to be used to ship mination in writing and in a timely the repacked citrus fruit; a certifi- manner. cation to the Secretary of Agriculture and to the committee as to the truth- [59 FR 48783, Sept. 23, 1994] fulness of the information shown thereon; and any other appropriate informa- § 905.163 Reports of shipments under tion or documents deemed necessary by repacking certificate of privilege. the committee or duly authorized (a) Each repacking shipper who han- agents for the purposes stated in dles citrus fruit under a repacking cer- § 905.161. tificate of privilege shall supply the (b) Approval. The committee or its committee with reports on each ship- duly authorized agents shall give ment as requested by the committee, prompt consideration to each applica- on a Report of Shipments Under Cer- tion for a repacking certificate of tificate of Privilege form supplied by privilege. Approval of an application the committee, showing the name and based upon a determination as to address of the repacking shipper; name whether the information contained and address of the handler supplying therein and other information avail- the inspected and certified citrus fruit able to the committee supports ap- for such shipment; number of packages; proval, shall be evidenced by the size and containers; brand; grade; cer- issuance of a repacking certificate of tificate number; and any other infor- privilege to the applicant. Each such mation deemed necessary by the com- certificate shall expire at the end of mittee. Each repacking shipper of cit- the fiscal period. rus fruit shall maintain on file a copy (c) Suspension or denial of certificate of of the Federal-State manifest that cer- privilege. The committee may inves- tifies the grade and amount of each tigate the handling of repacked fresh load of citrus fruit received. These

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manifests shall be readily available to Subpart C—Assessment Rate the committee upon request. (b) One copy of the Report of Ship- § 905.235 Assessment rate. ments Under Certificate of Privilege On and after August 1, 2018, an as- form on each shipment shall be for- sessment rate of $0.015 per 4/5-bushel warded to the committee promptly, carton or equivalent is established for one copy of such form shall be retained Florida citrus covered under the Order. by the repacking shipper, and one copy [84 FR 2049, Feb. 6, 2019] of such form shall accompany the shipment. Failure to complete and return such form shall be cause for suspension Subpart D—Grade and Size of the repacking shippers repacking Requirements certificate of privilege. § 905.306 Orange, Grapefruit, Tan- [59 FR 48783, Sept. 23, 1994] gerine and Tangelo Regulation. (a) No handler shall ship between the § 905.171 Handler supplier report. production area and any point outside Each handler shall furnish a supplier thereof, in the 48 contiguous States report to the Committee on an annual and the District of Columbia of the basis. Such reports shall be made on United States, any variety of fruit list- forms provided by the Committee and ed in column (1) of Table I, except for Ambersweet and Temple, unless such shall include the name and business ad- variety meets the applicable minimum dress of each grower whose fruit was grade and size (with tolerances for size shipped or acquired by the handler dur- as specified in paragraph (c) of this sec- ing the season. Handlers shall submit tion) specified for such variety in col- this report to the Committee not later umns (2) and (3) of Table I: Provided, than June 15 of each season. That all grapefruit meet the minimum [78 FR 32070, May 29, 2013] maturity requirements specified in paragraph (e) of this section.

TABLE I

Minimum Variety Regulation period Minimum grade diameter (inches)

(1) (2) (3) (4)

Oranges

Early and midseason ...... U.S. No. 1 ...... 24⁄16 Navel ...... U.S. No. 1 ...... 24⁄16 Valencia and other late September 1–May 14 ...... U.S. No. 1 ...... 24⁄16 type. May 15–June 14 ...... U.S. No. 1 Golden ...... 24⁄16 June 15–August 31 ...... U.S. No. 2, External/U.S. No. 1, In- 24⁄16 ternal. Grapefruit, Seedless ...... U.S. No. 1 ...... 3 Tangerines: Fallglo ...... U.S. No. 1 ...... 26⁄16 Honey ...... Florida No. 1 ...... 26⁄16 Sunburst ...... U.S. No. 1 ...... 26⁄16 Tangelos ...... U.S. No. 1 ...... 28⁄16

(b) No handler shall ship to any des- this section) specified for such variety tination outside the 48 contiguous in columns (2) and (3) of Table II: Pro- States and the District of Columbia of vided, That all grapefruit meet the the United States any variety of fruit minimum maturity requirements spec- listed in column (1) of Table II, except ified in paragraph (e) of this section. for Ambersweet and Temple, unless such variety meets the applicable minimum grade and size (with tolerances for size as specified in paragraph (c) of

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TABLE II

Minimum Variety Minimum grade diameter (inches)

(1) (2) (3)

Oranges ...... U.S. No. 1 ...... 24⁄16 Navels ...... U.S. No. 1 Golden ...... 24⁄16 Grapefruit, Seedless ...... U.S. No. 1 ...... 3 Tangerines: Fallglo ...... U.S. No. 1 ...... 26⁄16 Honey ...... Florida No. 1 ...... 26⁄16 Sunburst ...... U.S. No. 1 ...... 26⁄16 Tangelos ...... U.S. No. 1 ...... 28⁄16

(c) Size tolerances. To allow for vari- minimum ratio shall not drop below 7.2 ations incident to proper sizing in the even if the soluble solids (sugars) determination of minimum diameters reaches a level higher than 9.6. as prescribed in Tables I and II, not (2) Notwithstanding the provision of more than 10 percent, by count, of the paragraph (e)(1) of this section, for the fruit in any lot of containers may fail period December 23, 2004 to July 31, to meet the minimum diameter size re- 2005, all grapefruit shipped under the quirements, and not more than 15 per- order shall meet minimum maturity cent, by count, in any individual sam- requirements of 7.5 percent soluble sol- ple may fail to meet the minimum di- ids (sugars) and 7.5 to 1 solids to acid ameter size requirements specified: ratio or shall comply with one of the Provided, That such tolerances for alternate equivalent soluble solids and other than Navel and Temple oranges solids to acid ratio combinations set shall be based only on the oranges in forth in Table III: Provided, That the the lot measuring 214⁄16 inches or small- minimum ratio shall not drop below 7.2 er in diameter. even if the soluble solids (sugars) (d) Terms used in the marketing reaches a level higher than 9.6. order including Improved No. 2 grade for grapefruit, when used herein, mean TABLE III the same as is given to the terms in the Minimum total solids (sugars), order; Florida No. 1 grade for Honey % Solids to acid minimum ratio tangerines means the same as provided 8.0 to (not including) 9.1 7.50 to 1 in Rule No. 20–35.03 of the Regulations 9.1 to (not including) 9.2 7.45 to 1 of the Florida Department of Citrus, 9.2 to (not including) 9.3 7.40 to 1 and terms relating to grade, except Im- 9.3 to (not including) 9.4 7.35 to 1 proved No. 2 grade for grapefruit and 9.4 to (not including) 9.5 7.30 to 1 diameter, shall mean the same as is 9.5 to (not including) 9.6 7.25 to 1 given to the terms in the revised U. S. 9.6 and greater 7.20 to 1 Standards for Grades of Florida Or- anges and Tangelos (7 CFR 51.1140 [46 FR 60171, Dec. 8, 1981] through 51.1179), the revised U. S. EDITORIAL NOTE: For FEDERAL REGISTER ci- Standards for Florida Tangerines (7 tations affecting § 905.306, see the List of CFR CFR 51.1810 through 51.1837), or the re- Sections Affected, which appears in the vised U. S. Standards for Grades of Finding Aids section of the printed volume Florida Grapefruit (7 CFR 51.750 and at www.govinfo.gov. through 51.784). (e)(1) All grapefruit shipped under the § 905.350 [Reserved] order shall meet minimum maturity requirements of 8.0 percent soluble sol- Subpart E—Interpretations ids (sugars) and 7.5 to 1 solids to acid ratio or shall comply with one of the § 905.400 Interpretation of certain pro- alternate equivalent soluble solids and visions. solids to acid ratio combinations set (a) In interpreting the provisions of forth in Table III: Provided, That the paragraph (d) of § 905.52, the limitation

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on shipment of any variety of fruit reg- EXPENSES AND ASSESSMENTS ulated pursuant to paragraph (a)(3) of 906.32 Expenses. that section, which was prepared for 906.33 Budget. market during the effective period of 906.34 Assessments. such regulation, shall not be deemed to 906.35 Accounting. apply to shipment of such variety RESEARCH AND DEVELOPMENT which was prepared for market inciden- tally as part of a lot packed for export 906.37 Research and development. and shipped following the period of reg- REGULATION ulation. 906.38 Marketing policy. (b) Prior to shipment of any variety 906.39 Recommendations for regulations. of fruit so prepared, the handler shall 906.40 Issuance of regulations. provide the Citrus Administrative 906.41 Gift fruit shipments. Committee or its designated agent a 906.42 Shipments for special purposes. copy of the shipping manifest applica- 906.43 Notification of regulations. ble to such shipment with a notation 906.44 Safeguards. thereon that the fruit was packed inci- INSPECTION dentally as part of a lot packed for ex- 906.45 Inspection and certification. port. REPORTS [54 FR 46597, Nov. 6, 1989] 906.51 Reports.

PART 906—ORANGES AND GRAPE- MISCELLANEOUS PROVISIONS FRUIT GROWN IN LOWER RIO 906.52 Compliance. GRANDE VALLEY IN TEXAS 906.53 Right of the Secretary. 906.54 Effective time. Subpart A—Order Regulating Handling 906.55 Termination. 906.56 Proceedings after termination. DEFINITIONS 906.57 Effect of termination or amendment. Sec. 906.58 Duration of immunities. 906.59 Agents. 906.1 Secretary. 906.60 Derogation. 906.2 Act. 906.61 Personal liability. 906.3 Person. 906.62 Separability. 906.4 Production area. 906.5 Fruit. Subpart B—Administrative Requirements 906.6 Handler. 906.7 Handle. 906.120 Fruit exempt from regulations. 906.8 Producer. 906.121 Reestablishment of districts. 906.9 Grade and size. 906.122 [Reserved] 906.10 Pack. 906.123 Fruit for processing. 906.11 Maturity. 906.137 Handlers use of identifying marks 906.12 Container. utilized by the committee in pro- 906.13 Variety or varieties. motional and advertising projects. 906.14 Committee. 906.151 Reports. 906.15 Fiscal period. 906.235 Assessment rate. 906.16 District. Subpart C—Container and Pack COMMITTEE Requirements 906.18 Establishment and membership. 906.340 Container, pack, and container 906.19 Term of office. marking regulations. 906.20 Districts. 906.365 Texas Orange and Grapefruit Regu- 906.21 Redistricting. lation 34. 906.22 Selection. 906.23 Nominations. AUTHORITY: 7 U.S.C. 601–674. 906.24 Failure to nominate. 906.25 Acceptance. Subpart A—Order Regulating 906.26 Vacancies. 906.27 Alternate members. Handling 906.28 Procedure. 906.29 Expenses and compensation. SOURCE: 25 FR 9093, Sept. 22, 1960, unless 906.30 Powers. otherwise noted. Redesignated at 26 FR 12751, 906.31 Duties. Dec. 30, 1961.

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