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this subpart, be returned to the handlers pro rata in proportion to their contributions made pursuant to $ 918.41.

MISCELLANEOUS PROVISIONS

8 918.89 Personal liability.

No member or alternate of said Industry Committee, nor any employee thereof, shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any handler or to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member, alternate, or employee, except for acts of dishonesty.

8 918.85 Right of the Secretary.

The members of the Industry Committee, including successors and alternates thereof, and any agent or employee appointed or employed by the committee, shall be subject to removal or suspension at any time by the Secretary. Each and every order, regulation, determination, decision or other act of each committee provided for in this part shall be subject to the continuing right of the Secretary to disapprove of such order, regulation, decision, determination, or other act, and upon such disapproval, at any time, such action by a committee shall be deemed null and void except as to acts done in reliance thereon or in compliance therewith prior to such disapproval by the Secretary.

8 918.90 Separability.

If any provision of this part is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this part, or the applicability thereof to any other person, circumstance, or thing, shall not be affected thereby.

8 918.91 Amendments.

Amendments to this subpart may be proposed, from time to time, by the Industry Committee or by the Secretary.

8 918.86 Duration of immunities.

The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon the termination hereof, except with respect to acts done under and during the existence of this subpart.

8 918.92 Effect of termination or amend.

ment. Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant thereto, or the issuance of any amendment to either thereof, shall not (a) affect or waive any right, duty, obligation, or liability which shall have arisen prior thereto, or (b) release or extinguish any violation of this subpart or of any regulation issued hereunder, or (c) affect or impair any right or remedy of the United States, or of the Secretary or of any other person with respect to any such violation.

8 918.87 Agents.

The Secretary may, by designation in writing, name any person, including any officer or employee of the Government, or name any bureau or division in the United States Department of Agriculture to act as his agent or representative in connection with any of the provisions of this part.

Subpart-Industry Committee

Regulations

SOURCE: 16 FR 3402, Apr. 19, 1951, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

8 918.88 Derogation.

Nothing contained in this part is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the act or otherwise, or, in accordance with such powers, to act in the premises whenever such action is deemed advisable.

DEFINITIONS

8 918.100 Terms.

Terms used in this subpart shall have the same meaning as when used

Bateing agreement and order b) Piblic members should be able to

devote sižcient time and express a

willingness to attend committee activi公、

ties regulariy, and become familiar TS Order No. 918, as with the background and economics of STRANARE $. te 918.92), regulat

the industry. In tereiking fresh peaches

(c) Publie members must be resiovat de Georgia.

dents of Georgia.

(d) Public members should be nomiNA W Stingement.

nated by the committee prior to De& Selts tentent means Mar

cember 31 of each year, and should Pristina TRAIN NO. 98 as amended,

serve a 1-year term which coincides

with the term of office of other mem'talitse she hatching of fresh sho Uwain he state of Georgia.

bers of the committee

[43 FR 47486, Oct. 16, 1978) 8:08 Adjaceat market peaches. Adjacent market peaches" means

REGULATION OF SHIPMENTS 5. Me sida, nes which, in accordance with a UW00 issued pursuant

8 918.120 Adjacent market peaches, shipto

ments of. doub). are permitted to be wapped only to destinations in adja- During each period when a grade or httakels

size regulation is in effect pursuant to

§ 918.60(b) and prescribes separate rePAMUNICATIONS AND NOTICES quirements for shipments of adjacent

market peaches, such shipments may **0100 Communications.

be effected only if the adjacent L'ut otherwise provided in the market peaches are shipped in bulk 443 408 agreement and order or by (i.e., loose in the body of a truck, trailWilo direction of the Industry Com- er, or other conveyance, or loose in 2414210X, salt oommunications (including,

containers, without being place-packed Due to being limited to, reports, appli

or ring-faced, and without liners or 404 submittals, and requests) in cushions). wwwmoviton with the marketing agree1424 d order shall be addressed to

8 918.121 Exemption certificates. til y committee, P.O, Box 1239, (a) Application. Each application 4, (teoreta.

pursuant to § 918.62 (Exemption certif

icates) for an exemption certificate to ** Noticos,

ship peaches of a particular variety l'han collowing newspapers are desig

shall be submitted to the Industry te bied (w the giving of notice as re- Committee on form "Grower Applicaweathed by the marketing agreement

tion for Exemption Certificate.” Such

form may be obtained from the IndusArdui in app & 18.1 to 918.92:

try Committee; and the completed apAidu Journal, Atlanta, Ga.

plication shall contain the following 4*4* plegraph, Macon, Ga.

information: hd *** *044, June 10, 1954, Redesignated at (1) Name and address of the appli* 4* , 1394 30, 1961)

cant; and date;

(2) Variety of peaches for which exTRTOT REPRESENTATIVE

emption is requested;

(3) District in which the orchard 2011 Qualification requirements and

where such peaches are grown is locatmanation procedure for public mem

ed; bage of the Industry Committee.

(4) Location (by county highway, like bulle members shall not have a

rural route, distance from nearest

town, etc.) of each of applicant's orstatul interest in or be associated the production processing, fi chards of such variety in such district;

rept as con- (5) Number and age of trees of the

stated variety;

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to the respective shipment of peaches: Provided, That this requirement shall not apply to shipments of peaches in bulk to adjacent markets during periods when such shipments are exempt from inspection. Each such handler shall upon demand by an authorized agent or employee of the Industry Committee or any authorized agent or employee of the United States Department of Agriculture, make such copy of the certificate or memorandum available for examination by such agent or employee. [19 FR 3644, June 19, 1954. Redesignated at 26 FR 12751, Dec. 30, 1961)

REPORTS AND SAFEGUARDS

(6) Regulations from which exemption is requested;

(7) Estimated current crop (both harvested and unharvested) of such variety of peaches in such detail as required by the form of application for an exemption certificate;

(8) Estimated percentage of the aforesaid crop not meeting the requirements of the grade regulation then in effect and the reasons there. for;

(9) Estimated percentage of the aforesaid crop not meeting the minimum size requirements of the size regulation then in effect and the reasons therefor; and

(10) The aggregate number of bushels of the aforesaid crop which the applicant already (i) has shipped, and (ii) has had shipped for him.

(b) Issuance of exemption certificate; non-issuance. In the event the Industry Committee finds and determines, from proof satisfactory to the committee, that the applicant is entitled to an exemption certificate, the committee shall issue, or authorize the issuance of, an exemption certificate which shall permit the applicant to ship or have shipped the requisite quantity, as provided in § 918.62, of the particular variety of peaches. If the committee finds and determines that the applicant is not entitled to an exemption certificate, it shall so advise the applicant in writing, and give the reasons therefor.

(c) Shipments pursuant to an exemption certificate. Each grower who ships, or has shipped, any portion of his crop of such variety pursuant to an exemption certificate shall report the respective shipment promptly to the Industry Committee.

8 918.130 Peaches shipped to adjacent

markets. Each handler who ships, in closed containers, adjacent market peaches which do not meet the current regulations for nonadjacent markets issued pursuant to § 918.60(b) shall stamp or print on the ends or sides of such containers in letters not less than onehalf inch in height "For Sale In Adjacent Markets Only”, along with the handler's name and address; and have such fruit so shipped inspected as provided in § 918.64. [44 FR 25403, May 1, 1979)

8 918.122 Shipments by truck.

Each handler who ships peaches in a truck during any period in which a regulation is in effect pursuant to $ 918.54, § 918.55, § 918.60, or $918.61 shall keep and maintain in the truck, until the shipment has been completed, a copy of the certificate or memorandum issued by the Federal Inspection Service or the Federal-State Inspection Service or any other inspection service designated by the Secretary, as the case may be, with regard

8 918.131 Peaches not subject to regula

tion. Each handler who ships peaches (except peaches shipped by express or parcel post, or peaches included in shipments of peaches to any person during any day by any handler if such shipments do not aggregate more than the equivalent of five (5) bushels) pursuant to g 918.71 shall report promptly to the Industry Committee, on forms provided by that committee, the following information with respect to each such shipment:

(a) Name and address of the handler; date;

(b) Shipping point;

(c) Name and address of consignee; destination;

(d) Truck license number, trailer license number, car initials and number; or other identification of the conveyance in which shipment was made;

e) Stanisture fruies iriver:

Subpart-Maturity Regulations in Vunder und Juntainers * * T went gr. or total

$ 918.400 Maturity regulations. Tumor ( pustees it be satipment:

(a) Unless otherwise indicated, terms ' 'or wica soirrect and

used in this subpart shall have the vivertiment al te arors

same meaning as when used in the ten Vert U tursce

marketing agreement and

order

($ $ 918.1 to 918.92). *WISS * * Begitu

(b) The regulatory provisions in

$ 918.54 are modified as follows: No *** ut mer 398 70

handler shall ship peaches which do #tailyTVS

not meet the requirements for maturi. PUUR Vitet e 90

y set forth and defined in the U.S. れではさまざまで

Standards for Peaches ($ $ 51.1210 to atte i en 52.1223 of this title) or as such standris viris ***** 973 sris may be modified, revised, or new arriti *** la mates standards

promulgated: Provided, et saista 2** * Sous Tiat not more than an average of 10 station mere rent, by count, of the peaches conIstitut #X: ***** Hoe in any bulk lot or in any lot of " iter ***

alves may fail to meet the said re

purements for maturity, but not more ens ette si

3 15 percent, by count, of the IPS :: 本

es contained in any individual SI

ste in any lot may fail to meet Squirements for maturity.

3. Apr. 19, 1951. Redesignated at 400 R$

5 Dec. 30, 1961)
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Part 01 PEACHES GROWN IN

NESA COUNTY, COLO.

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