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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

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 918.91 Amendments.

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

§ 918.92 Effect of termination or amendment.

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.

Subpart-Industry Committee
Regulations

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

DEFINITIONS

§ 918.100 Terms.

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

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(b) Public members should be able to devote sufficient time and express a willingness to attend committee activities regularly, and become familiar with the background and economics of the industry.

(c) Public members must be residents of Georgia.

(d) Public members should be nominated by the committee prior to December 31 of each year, and should serve a 1-year term which coincides with the term of office of other members of the committee

[43 FR 47486, Oct. 16, 1978]

REGULATION OF SHIPMENTS

§ 918.120 Adjacent market peaches, shipments of.

During each period when a grade or size regulation is in effect pursuant to § 918.60(b) and prescribes separate requirements for shipments of adjacent market peaches, such shipments may be effected only if the adjacent market peaches are shipped in bulk (i.e., loose in the body of a truck, trailer, or other conveyance, or loose in containers, without being place-packed or ring-faced, and without liners or cushions).

§ 918.121 Exemption certificates.

(a) Application. Each application pursuant to § 918.62 (Exemption certificates) for an exemption certificate to ship peaches of a particular variety shall be submitted to the Industry Committee on form "Grower Application for Exemption Certificate.” Such form may be obtained from the Industry Committee; and the completed application shall contain the following information:

(1) Name and address of the applicant; and date;

(2) Variety of peaches for which exemption is requested;

(3) District in which the orchard where such peaches are grown is locat

ed;

(4) Location (by county highway, rural route, distance from nearest town, etc.) of each of applicant's orchards of such variety in such district;

(5) Number and age of trees of the stated variety;

(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 therefor;

(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.

§ 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

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

§ 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]

§ 918.131 Peaches not subject to regulation.

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 § 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;

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Title 7-Agriculture

Subpart-Maturity Regulations

§ 918.400 Maturity regulations.

(a) Unless otherwise indicated, terms used in this subpart shall have the same meaning as when used in the marketing agreement and (§§ 918.1 to 918.92). order

(b) The regulatory provisions in § 918.54 are modified as follows: No handler shall ship peaches which do not meet the requirements for maturi

buk e destacons i de accent ty set forth and defined in the U.S.

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S. No. 1" and "chameter" Then the same as defined in the Onlied States Standards for Peaches (7 CFR 51.1210-51.1223).

(47 PR 32514. July 28 1982)

ENTORIAL Nork After January 1, 1878 "Budget of Expenses and Rate of Asse theert regulations eg sections 200 through 299, and Handling" regulations lek sections 300-399 which are in effect for a year or less, will not be carried in the Code of Federal Regulations. For FEDERAL FLEGISTER Citations affecting these regulations, see the "List of CFR Sections Affected" in this volume.

51.1223 of this title) or as such standStandards for Peaches (§§ 51.1210 to ras may be modified, revised, or new standards That not more than an average of 10 promulgated: Provided, percent, by count, of the peaches con

uned in any bulk lot or in any lot of packages may fail to meet the said requirements for maturity, but not more aan 15 percent, by count, of the pesches contained in any individual age in any lot may fail to meet sd requirements for maturity.

3403. Apr. 19, 1951. Redesignated at $315 Dec. 30, 1961]

PART 919-PEACHES GROWN IN MESA COUNTY, COLO.

Order Regulating Handling DISFINITIONS

Jammissee Producer. Sandier.

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