the committee and upon the said trustees.

8910.86 Effect of termination or amendment.

Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart, 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 or which may thereafter arise in connection with any provision of this subpart or any regulation issued under this subpart, or (b) release or extinguish any violation of this subpart or of any regulation under this subpart, or (c) affect or impair any rights or remedies of the Secretary or of any other person with respect to any such violation.

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.

§ 910.91 Separability.

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

§ 910.92 Amendments.

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

Subpart-Lemon Administrative Committee Rules and Regulations

SOURCE: 36 FR 17486, Sept. 1, 1971, unless otherwise noted.

GENERAL

§ 910.100 Application of terms.

Terms used in this subpart shall have the same meaning as when used in the marketing agreement and order (§§ 910.1 to 910.92). Commonly used terms are defined as follows:

(a) Marketing agreement. "Marketing agreement" means Marketing Agreement No. 94, as amended, regulating the handling of lemons grown in California and Arizona.

(b) Order. "Order" means Order No. 910, as amended (§§ 910.1 to 910.92) regulating the handling of lemons grown in California and Arizona.

(c) Carload. Pursuant to § 910.8, the quantity of lemons comprising a carload is the equivalent of 1,000 cartons of lemons.

(d) Week or weekly. The term "week" or "weekly" means the period Sunday through the following Saturday. "Weekly regulation period" applies to the same period of time.

(e) Time. Whenever a time of day is specified in this subpart, it shall relate to Pacific standard time or Pacific daylight saving time whichever is then in effect in California.

(f) Legal holiday. When the date for filing of applications, notices, requests or reports falls on a legal holiday, the due date shall be considered the next following business day.

(g) Scheduled weekly meeting. The term “scheduled weekly meeting” means the regularly scheduled weekly meeting, held on Tuesday, or such other day of the week as the committee designates: Provided, That when another day is designated notice thereof to handlers shall be published in the committee's weekly lemon bulletin and mailed to handlers at least 6 days prior to such meeting day.

(h) District 1 Handler, District 2 Handler, District 3 Handler. “District 1 handler," "District 2 handler," and "District 3 handler," shall mean a handler of lemons produced in District 1, District 2, and District 3, respectively.

(a) Submittals. Unless otherwise prescribed in this subpart, or in Order No. 910, or required by the Lemon Administrative Committee, all reports, applications, submittals, requests, and communications in connection with Order 910, shall be submitted to: Lemon Administrative Committee, 117 West Ninth Street, Room 905, Los Angeles, CA 90015.

(b) Filing of applications, notifications or requests. Handlers who desire consideration by the committee on matters subject to this subpart which require action be taken for a specific weekly regulatory period, shall (unless otherwise specifically provided in this subpart) file such applications, notifications, or requests on or before 12 o'clock noon of the day preceding the day of the scheduled weekly committee meeting during which matters relating to that weekly regulatory period are to be considered, except when such day is a legal holiday, such documents shall be filed at such time on the day of the committee's scheduled weekly meeting. The committee shall not take action on applications, notifications, or requests filed after such deadline. Except as otherwise provided herein, applications, notifications, and

re

quests shall be considered as filed when actually received in the committee offices specified in paragraph (a) of this section.

STORAGE AWAY FROM PACKING HOUSE

§ 910.107 Transportation of lemons.

Any handler who stores lemons within the production area other than on the premises where the lemons are packed shall notify the committee on LAC Form 8 of the transportation of such lemons to such storage. Such report shall show the location and name of the storage facility, and the quantity of lemons transported to such storage. Whenever any such stored lemons are thereafter handled, LAC Form 8 for the week in which the handling occurred shall show each quantity and date of shipment from the storage facilities.

NOMINATION PROCEDURES

handled during the fiscal year during which the nominations for members are submitted shall by resolution, adopted by its board of directors, nominate representatives as provided in § 910.20.

(b) Each cooperative marketing organization which markets lemons and which is not qualified under § 910.22(b), shall nominate by resolution adopted by its board of directors, representatives as provided in § 910.20. The vote of each such organization shall be weighted as provided in § 910.22(e) by the quantity of lemons which it handled during the fiscal year in which nominations are made.

(c) Not less than four meetings shall be held at such times and places throughout the production area as may be designated by the agent of the Secretary, at which growers who are not members of, or affiliated with, the organizations included under paragraphs (a) and (b) of this section may vote. At each such meeting, the growers present shall nominate committee representatives as provided in § 910.20. All growers voting at any such meeting shall submit their names and addresses to the agent of the Secretary. Votes shall be cast in the manner prescribed under § 910.22(e). Votes for grower member at all nomination meeting places shall be totaled and the nominee receiving the highest number of votes shall have his name submitted as the nominee for grower member. Persons nominated for member and failing to receive a majority vote shall have their names listed with those nominated for alternative grower member and shall have the votes cast for them as member included with such votes, if any, they received for alternate grower member. The nominee receiving the highest total number of votes in this manner shall have his name submitted as the nominee for alternate grower member. Persons nominated for grower member or alternate grower member who failed to receive a majority vote for either of such positions shall have their names listed with those nominated for additional alternate grower member and shall have the votes cast under member and alternate member included with such votes, if any, they

received for additional alternate grower member. The nominee securing the highest total number of votes in this manner shall have his name submitted as nominee for additional alternate grower member. The handler member and alternate handler member nominees shall be selected in the same manner as the grower member and alternate grower member nominees. Grower or handler ballots cast listing the same nominee for more than one position on the respective ballot shall be declared void.

§ 910.153 Prorate bases and allotments.

(a) Application for a prorate base and allotment. Any person who is handling or proposes to handle lemons as a first handler thereof, shall submit to the committee, at such time as the committee designates, an application on LAC Form 101 for a prorate base and allotment. Handlers of lemons produced in more than one district shall file a separate application covering the lemons produced in each district. Each application shall contain the following information:

(1) Name and address of applicant.

(2) Net capacity in pounds of each box or other container used by the applicant for the picking of lemons.

(3) Net capacity in pounds of each box or other container used by the applicant for the assembling and storage of lemons.

(4) The estimated production and the proposed picking schedule of lemons for the current season which the applicant owns or controls, and the bearing and nonbearing acreage of such lemons, including the acreage and number of trees planted to lemons during the preceding fiscal year, and the acreage and number of trees taken out of production during such fiscal year.

(5) Location of each of the applicant's packing houses and other designated receiving points, to which lemons are to be delivered to the applicant for which points the applicant seeks approval.

(6) If a handler desires a prorate base period different than that generally prevailing in the district in which the lemons are produced as provided

in § 910.53(g) he shall so specify and present information showing how his operations with respect to such lemons are substantially different than those generally prevailing in such district, including differences in: (i) Production, such as the time when lemons under his control are mature and ready to harvest; (ii) storage, such as the capacity and type of his storage facilities; and (iii) marketing practices, such as the interval of time between harvesting and marketing of lemons. In the case of District 2, requests for such adjustment must be at the time the handler submits his application for a prorate base and allotment, and in the case of Districts 1 and 3, requests must be made 3 weeks prior to the time the handler first picks and delivers lemons, other than off-bloom lemons covered by § 910.61a. Based upon such information and information otherwise available, the committee shall determine the extent to which the handler should be granted a different prorate base period and notify the handler of its determination.

(b) Computation of average weekly pick-(1) Determination of cartons of lemons picked and delivered. Each week the committee shall determine the number of cartons of lemons picked and delivered to each handler in each district during the preceding weekly prorate base period by application of the appropriate field box conversion factor to the number of field boxes of lemons picked and delivered to such handler as is reported pursuant to § 910.170(d). The appropriate field box conversion factor shall be computed for lemons produced in each district pursuant to § 910.153(b)(2).

(2) Field box conversion factor-(i) Computation. At least once every 8 weeks, the committee's designated employees shall take a detailed inventory by district of the lemons each handler has on hand in his packing house and at designated receiving points. The committee shall compute a field box conversion factor for each handler by district of production. This factor shall be applied each week to the handler's district picks and deliveries subsequent to this inventory and shall remain in effect until a revised factor

is computed from the date of a subsequent inventory. An inventory period is comprised of the number of weeks between two successive detailed inventories. Field box conversion factors shall be computed by dividing the total number of field boxes of lemons picked and delivered to each handler during the interval between the current and immediately preceding inventory periods by the number of cartons, or their equivalent, utilized by the handler during this period as determined by adding to the current detailed inventory of lemons on hand, the total number of cartons of lemons shipped in fresh fruit channels, handled for conversion into byproducts and otherwise utilized (except decayed lemons dumped) during the period, and subtracting therefrom the detailed inventory of cartons of lemons on hand at the beginning of such period.

same

(ii) Initial conversion factors. The Committee shall determine the initial conversion factor for all handlers at the beginning of the fiscal year. Such determination shall be based to the extent practicable upon a handler's average for the preceding 3 fiscal years. Such conversion factor shall be revised as provided in paragraph (b)(2)(i) of this section after the first detailed inventory by committee employees.

(3) Storage box conversion factor. In computing the quantity of lemons in terms of carloads that a handler has on hand, the standard storage box having a capacity of 50 pounds net weight of lemons shall be converted to cartons on the basis that one such box equals 1.316 cartons of lemons. If at any time the committee determines that such storage boxes or other containers do not substantially contain such net weight of lemons, appropriate adjustments may be made by the committee in such handler's storage box conversion factor to compensate for such difference.

(4) Access to premises and records of handlers. The committee, through its designated employees, shall have access at all reasonable hours to the premises and records of each handler whose application for a prorate base and allotment has been approved, for