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Sweet cherries grown in designated counties in
Washington .........

323
Fresh prunes grown in designated counties in
Washington and in Umatilla County, Oregon......

... 335
Grapes grown in a designated area of southeast-
ern California.........

346
Tokay grapes grown in San Joaquin County, Cali-
fornia .........

355
Beurre d'Anjou, Beurre Bosc, Winter Nelis,

Doyenne du Comice, Beurre Easter, and Beurre
Clairgeau varieties of pears grown in Oregon,
Washington, and California

377
Papayas grown in Hawaii.

391
Cranberries grown in States of Massachusetts,

Rhode Island, Connecticut, New Jersey, Wiscon-
sin, Michigan, Minnesota, Oregon, Washington,

and Long Island in the State of New York........... 403 Cherries grown in Michigan, New York, Wiscon

sin, Pennsylvania, Ohio, Virginia, West Virginia,
and Maryland.............

426 Fresh Bartlett pears grown in Oregon and Washington .....

441 Olives grown in California

451 Fruits; Import Regulations..

476 Irish potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon

482 Irish potatoes grown in Washington

494 Irish potatoes grown in Modoc and Siskiyou

Counties, Calif., and in all counties in Oregon,
except Malheur County ...... .......

508 Irish potatoes grown in Colorado .........

521 Irish potatoes grown in Maine ............

536
Irish potatoes grown in Southeastern States........... 552
Onions grown in certain designated counties in
Idaho, and Malheur County, Oregon ......

563 Onions grown in South Texas......

576 Tomatoes grown in the Lower Rio Grande Valley in Texas.............

589 Tomatoes grown in Florida..

604 Celery grown in Florida

619 Lettuce grown in Lower Rio Grande Valley in South Texas ...

637 Melons grown in South Texas..

653 Vegetables; import regulations

667 Almonds grown in California

675 Filberts/Hazelnuts grown in Oregon and Washington ...

698

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948 950 953 958

959 965

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Part 984 985

987

Page Walnuts grown in California ........

717 Marketing order regulating the handling of spearmint oil produced in the Far West..............

733 Domestic dates produced or packed in River wide County, California ......... ,

746 Raisins produced from grapes grown in California. 772 Hops of domestic production....

829 Dried prunes produced in California

846 Specialty crops; import regulations

884

989 991 993 999

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PART 900–GENERAL REGULATIONS

Subpart-Rules of Practice and Procedure Gov

erning Proceedings To Formulate Marketing Agreements and Marketing Orders

Sec. 900.69 Filing; service; extensions of time;

effective date of filing, and computation

of time. 900.70 Applications for interim relief. 900.71 Hearing before Secretary.

Subpart—Procedure Governing Meetings To

Arbitrate and Modiate Disputes Relating to Salos of Milk or Its Products

Sec. 900.1 Words in the singular form. 900.2 Definitions. 900.3 Proposals. 900.4 Institution of proceeding. 900.5 Docket number. 900.6 Judges. 900.7 Motions and requests. 900.8 Conduct of the hearing. 900.9 Oral and written arguments. 900.10 Certification of the transcript. 900.11 Copies of the transcript. 900.12 Administrator's recommended deci

sion. 900.13 Submission to Secretary. 900.13a Decision by Secretary. 900.14 Execution of marketing agreement

and issuance of marketing order. 900.15 Filing; extensions of time; effective

date of filing; and computation of time. 900.16 Ex parte communications. 900.17 Additional documents to be filed

with hearing clerk. 900.18 Hearing before Secretary.

900.100 Words in the singular form. 900.101 Definitions. 900.102 Filing of applications for media

tion or arbitration. 900.103 Application for mediation. 900.104 Inquiry by the Administrator. 900.105 Notification. 900.106 Assignment of mediator. 900.107 Meetings. 900.108 Mediator's report. 900.109 Mediation agreement. 900.110 Application for arbitration. 900.111 Inquiry by the Administrator. 900.112 Notification. 900.113 Submission. 900.114 Designation of arbitrator. 900.115 Hearing. 900.116 Award. 900.117 Approval of award. 900.118 Costs.

Subpart-Miscellaneous Regulations

Subpart-Rules of Practice Governing Proceed

ings on Petitions To Modify or To Be Exempted From Marketing Orders

900.200 Definitions. 900.201 Investigation and disposition of al

leged violations. 900.210 Disclosures of information. 900.211 Penalties.

Subpart-Procedure for Conduct of Referenda

to Determine Producer Approval of Milk Marketing Orders To Be Mad. Effective Pursuant to Agricultural Marketing Agreement Act of 1937, as Amended

900.50 Words in the singular form. 900.51 Definitions. 900.52 Institution of proceeding. 900.522 Answer to petition. 900.52b Amended pleadings. 900.53 Withdrawal of petition. 900.54 Docket number. 900.55 Judges. 900.56 Consolidated hearings. 900.57 Intervention. 900.58 Prehearing conferences. 900.59 Motions and requests. 900.60 Oral hearings before judge. 900.61 Depositions. 900.62 Subpenas. 900.63 Fees and mileage. 900.64 The Administrative Law Judge's de

cision. 900.65 Appeals to Secretary: Transmittal

of record. 900.66 Consideration of appeal by the Sec

retary and issuance of final order. 900.68 Applications for reopening hearings;

for rehearings or rearguments of proceedings; or for reconsideration of orders.

900.300 General. 900.301 Definitions. 900.302 Associations eligible to vote. 900.303 Conduct of referendum. 900.304 Who may vote. 900.305 Duties of referendum agent. 900.306 Notice of the referendum. 900.307 Time for voting. 900.308 Tabulation of ballots. 900.309 Confidential information. 900.310 Supplementary instructions. 900.311 Submittals or requests.

Subpart-Procedure for Determining the QualiSec. 900.353 Qualification standards. 900.354 Inspection and investigation. 900.355 Annual reporting. 900.356 Listing of qualified associations. 900.357 Denial of application; suspension

fication of Cooperative Milk Marketing Associations

900.350 General statement.
900.351 Applications for qualification.
900.352 Confidential information.

or revocation of determination of qualification.

Subpart-Procedure for the Conduct of Rotor

anda in Connection with Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937, as Amended

900.400 General. 900.401 Definitions. 900.402 Voting. 900.403 Instructions. 900.404 Subagents. 900.405 Ballots. 900.406 Referendum report. 900.407 Confidential information.

Subpart-Public Information AVAILABILITY OF PROGRAM INFORMATION,

STAFT MANUALS AND INSTRUCTIONS, AND RE

LATED MATERIAL 900.500 General. 900.501 Public inspection and copying. 900.502 Indexes. 900.503 Requests for records. 900.504 Appeals.

SOURCE: 25 FR 5907, June 28, 1960, unless otherwise noted.

NOMENCLATURE CHANGES: 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29, 1973.

Agreement Act of 1937 (50 Stat. 246), as amended.

(b) The term “Department” means the United States Department of Agriculture.

(c) The term “Secretary" means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(d) The terms Administrative Law Judge or Judge means any administrative law judge appointed pursuant to 5 U.S.C. 3105, and assigned to conduct the proceeding.

(e) The term “Administrator" means the Administrator of the Agricultural Marketing Service, with power to redelegate, or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act in his stead.

(f) [Reserved)

(g) The term “FEDERAL REGISTER" means the publication provided for by the act of July 26, 1935 (49 Stat. 500), and acts supplementary thereto and amendatory thereof.

(h) The term “hearing" means that part of the proceeding which involves the submission of evidence.

(i) The term “marketing agreement” means any marketing agreement or any amendment thereto which may be entered into pursuant to section 8b of the act.

(j) The term “marketing order” means any order or any amendment thereto which may be issued pursuant to section 8c of the act, and after notice and hearing as required by said section.

(k) The term “proceeding” means a proceeding upon the basis of which a marketing agreement may be entered into or a marketing order may be issued.

(1) The term “hearing clerk” means the hearing, clerk, United States Department of Agriculture, Washington, D.C.

Subpart-Rules of Practice and Proce

duro Governing Proceedings To Formulate Marketing Agroements and Marketing Orders

AUTHORITY: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.

8 900.1 Words in the singular form.

Words in this subpart in the singular form shall be deemed to import the plural, and vice versa, as the case may demand.

8 900.2 Definitions.

As used in this subpart, the terms as defined in the act shall apply with equal force and effect. In addition, unless the context otherwise requires:

(a) The term “Act” means Public Act No. 10, 73 Congress (48 Stat. 31), as amended and as reenacted and amended by the Agricultural Marketing

[25 FR 5907, June 28, 1960, as amended at 26 FR 7796, Aug. 22, 1961; 28 FR 579, Jan. 23, 1963; 37 FR 8059, Apr. 25, 1972; 38 FR 29798, Oct. 29, 1973)

13-014 0-83-4-2

8 900.3 Proposals.

(a) A marketing agreement or a marketing order may be proposed by the Secretary or by any other person. If any person other than the Secretary proposes a marketing agreement or marketing order, he shall file with the Administrator a written application, together with at least four copies of the proposal, requesting the Secretary to hold a hearing upon the proposal. Upon receipt of such proposal, the Administrator shall cause such investigation to be made and such consideration thereof to be given as, in his opinion, are warranted. If the investigation and consideration lead the Administrator to conclude that the proposed marketing agreement or marketing order will not tend to effectuate the declared policy of the act, or that for other proper reasons a hearing should not be held on the proposal, he shall deny the application, and promptly notify the applicant of such denial, which notice shall be accompanied by a brief statement of the grounds for the denial.

(b) If the investigation and consideration lead the Administrator to conclude that the proposed marketing agreement or marketing order will tend to effectuate the declared policy of the act, or if the Secretary desires to propose a marketing agreement or marketing order, he shall sign and cause to be served a notice of hearing, as provided in this subpart. 8 900.4 Institution of proceeding.

(a) Filing and contents of the notice of hearing. The proceeding shall be instituted by filing the notice of hearing with the hearing clerk. The notice of hearing shall contain a reference to the authority under which the marketing agreement or marketing order is proposed; shall define the scope of the hearing as specifically as may be practicable; shall contain either the terms or substance of the proposed marketing agreement or marketing order or a description of the subjects and issues involved and shall state the industry, area, and class of persons to be regulated, the time and place of such hearing, and the place where copies of such proposed marketing agreement or marketing order may be

obtained or examined. The time of the hearing shall not be less than 15 days after the date of publication of the notice in the FEDERAL REGISTER, as provided in this subpart, unless the Administrator shall determine that an emergency exists which requires a shorter period of notice, in which case the period of notice shall be that which the Administrator may determine to be reasonable in the circumstances: Provided, That, in the case of hearings on amendments to marketing agreements or marketing orders, the time of the hearing may be less than 15 days but shall not be less than 3 days after the date of publication of the notice in the FEDERAL REGISTER.

(b) Giving notice of hearing and supplemental publicity. (1) The Administrator shall give or cause to be given notice of hearing in the following manner:

(i) By publication of the notice of hearing in the FEDERAL REGISTER;

(ii) By mailing a true copy of the notice of hearing to each of the persons known to the Administrator, to be interested therein;

(iii) By issuing a press release containing the complete text or a summary of the contents of the notice of hearing and making the same available to such newspapers in the area proposed to be subjected to regulation as reasonably will tend to bring the ntoice to the attention of the persons interested therein;

(iv) By forwarding copies of the notice of hearing addressed to the governors of such of the several States of the United States and to executive heads of such of the Territories and possessions of the United States as the Administrator, having due regard for the subject matter of the proposal and the public interest, shall determine, should be notified.

(2) Legal notice of the hearing shall be deemed to be given if notice is given in the manner provided by paragraph (b)(1)(i) of this section; and failure to give notice in the manner provided in paragraph (b)(1) (ii), (iii), and (iv) of this section shall not affect the legality of the notice.

(c) Record of notice and supplemental publicity. There shall be filed with the hearing clerk or submitted to the

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