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Agricultural Marketing Service, USDA § 905.13

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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 com- mittee 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. 50 VerDate Sep<11>2014 10:56 Apr 07, 2021 Jkt 253019 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Q:\07\7V8.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Agricultural Marketing Service, USDA § 905.7 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 51 VerDate Sep<11>2014 10:56 Apr 07, 2021 Jkt 253019 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Q:\07\7V8.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 905.8 7 CFR Ch. IX (1–1–21 Edition) 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 inclu- sive. 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.
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