as members must vote and one dissenting vote shall prevent its adoption. Each proposition to be voted upon by either of these methods shall specify a time limit for members to vote, after which the alternates shall be given the opportunity to vote. [40 FR 22267, May 22, 1975] § 984.450 Grade and size regulations. (a) Minimum kernel content requirements for inshell walnuts for reserve disposition credit. For the purposes of §§ 984.54 and 984.56, no lot of inshell walnuts may be held, exported, or disposed of for use by government agencies or charitable institutions unless it meets the minimum requirements for merchantable inshell walnuts effective pursuant to § 984.59(a). The disposition of any lot of inshell walnuts pursuant to § 984.64 having at least a certified kernelweight of not less than 10 percent of the inshell weight of the lot may be credited against a handler's reserve obligation. (b) Minimum kernel content requirements for shelled walnuts for reserve disposition credit. For the purposes of §§ 984.54 and 984.56, no lot of shelled walnuts may be held, exported, or disposed of for use by government agencies or charitable institutions unless it meets the minimum requirements for merchantable shelled walnuts effective pursuant to § 984.50(b). The disposition of any lot of shelled walnuts pursuant to § 984.64 having at least a certified kernelweight of kernels six sixty-fourths of an inch or larger of not less than 10 percent of the total weight of the lot may be credited against a handler's reserve obligation: Provided, That such minimum kernel content requirements shall not apply to any lot of walnut meal certified by the designated inspection service as having been derived from chopping, slicing, or dicing merchantable shelled walnuts. [41 FR 54476, Dec. 14, 1976] § 984.451 Inspection and certification of inshell and shelled walnuts. (a) The inspection service shall be the DFA of California. (b) Each handler shall make each container of each lot of walnuts acces sible for sampling and sealing or stamping in connection with the inspection and certification of any lot of inshell or shelled walnuts. (c) Inshell and shelled walnuts for export pursuant to § 984.56(b) shall have been inspected and certified not more than 60 days prior to shipment from the handler's plant. [41 FR 54476, Dec. 14, 1976] § 984.452 Certification of shelled walnuts for processing. Each certificate issued for shelled walnuts for processing pursuant to § 984.52(b) shall bear the notation "Certified for Processing Only." Shelled walnuts so certified for processing may not be processed by anyone other than the handler obtaining such certificate. [28 FR 1863, Feb. 28, 1963] § 984.456 Disposition of reserve walnuts and walnuts used for reserve disposition credit. (a) Beginning August 1 of any marketing year, a handler may become an agent of the Board to dispose of reserve walnuts of such marketing year. The agency shall be established upon execution of an "Agency Agreement for Reserve Walnuts" setting forth the terms and conditions specified by the Board for the sale of reserve walnuts in authorized outlets. (b) Any handler who desires to transfer disposition credit in excess of his reserve obligation to another handler shall submit a request to the Board for such transfer on WMB Form No. 17 signed by both handlers and the Board shall credit such transfer. (c) Any reserve walnuts that a handler has not disposed of by the end of the marketing year shall be delivered to the Board for pooling on demand. The Board may delay such demand with respect to reserve walnuts for which the handler has agreed to undertake disposition pursuant to the Board's authority. Each lot of reserve or substandard walnuts delivered to the Board for pooling and disposition shall be separately weighed at the handler's expense by a public weigh master either upon removal from the handler's premises or in transit to Board storage facilities or diversion point. A copy of each weighmaster's certificate showing the net weight of the walnuts shall be forwarded to the Board by the handler. Walnuts delivered to the Board shall be delivered F.O.B. handler's warehouse or point of storage. [41 FR 54476, Dec. 14, 1976] § 984.464 Disposition of substandard wal nuts. (a) Whenever free and reserve percentages are in effect during a marketing year substandard walnuts meeting the requirements of § 984.450 may be delivered by a handler to the Board for pooling at any time during the year and the disposition credited to the handler's reserve obligation. (b) The Board shall maintain a list of approved crushers, livestock feed manufacturers and livestock feeders, and of the locations of the facilities within the area of production to which substandard walnuts may be shipped. The Board may deny approval to any applicant or remove any approved crusher, feed manufacturer, or feeder from the list when such denial or removal is deemed necessary to insure control of substandard walnut disposition or the Board determines that substandard walnuts are not shipped to such facilities. Substandard walnuts disposed of to an approved crusher, livestock feed manufacturer, or livestock feeder, may only be shipped directly to an approved location where the crushing, feed manufacture, or feeding is to take place. Applications for approval to crush, manufacture livestock feed, or feed substandard walnuts shall be submitted to the Board on a form prescribed by the Board and which includes the location and a description of the disposal facilities to be used and a certification to the Board and the Secretary of Agriculture that the applicant will: (1) Crush, manufacture feed, or feed such walnuts at the location; (2) Use such walnuts for no other purpose than for crushing into oil, manufacturing into livestock feed, or livestock feeding; (3) Permit such inspection of his premises and of walnuts received and held by him, and such examination of his books and records covering walnut transactions as the Board may require; (4) Keep a record of his receipts, holdings, and use of substandard walnuts available for examination by authorized representatives of the Board and the U.S. Department of Agriculture for a period of two years after the end of the marketing year in which the recorded transactions are completed; and (5) Make such reports, certified to the Board and the Secretary as to their correctness, as the Board may require. (c) Each handler who disposes of substandard walnuts to an approved crusher, livestock feed manufacturer or livestock feeder shall upon shipment report to the Board on WMB Form No. 20, the quantities disposed of or shipped. [41 FR 54476, Dec. 14, 1976] REPORTS § 984.471 Reports of handler carryover. Reports of handler carryover as of August 1, January 1, and April 1 of each marketing year shall be submitted to the Board on WMB Form No. 4 for inshell walnuts and on WMB Form No. 5 for shelled walnuts, on or before August 15, January 15, and April 15 respectively, of that marketing year. [40 FR 22267, May 22, 1975] 8 984.472 Reports of merchantable walnuts shipped. (a) Reports of merchantable walnuts shipped during a month shall be subImitted to the Board on WMB Form No. 6 not later than the 5th day of the following month. Such reports shall include all shipments during the preceding month and shall show for inshell and shelled walnuts (1) the quantity shipped, (2) whether they were shipped into domestic or export channels, and (3) for exports, the quantity by country of destination. If a handler makes no shipments during any month he shall submit a report marked "None". If a handler has completed his shipments for the season he shall mark the report "Completed", and he shall not be required to submit any additional WMB Form No. 6 reports during the remainder of that marketing year. (b) Reports of walnuts purchased directly from growers by handlers who are manufacturers or retailers shall be submitted to the Board on WMB Form No. 6, not later than the 5th day of the month following the month in which the walnuts were purchased. Such reports shall show the quantity of walnuts purchased and the quantity inspected and certified as merchantable walnuts. [41 FR 54476, Dec. 14, 1976] § 984.473 Report of walnut receipts. Each handler shall file a report of his walnut receipts from growers on or before January 15 of each marketing year on forms supplied by the Board. [40 FR 22267, May 22, 1975] § 984.480 Books and other records. Each handler shall maintain true and complete records of all inshell and shelled walnuts and walnut material, by categories, received, held, or disposed of by him. The records shall be maintained in such form as to permit verification of all transactions involved and shall be made available during normal business hours to authorized representatives of the Board or the Secretary of Agriculture. These records shall include the following: (a) The names and addresses of the persons from whom received, and the quantities received from each such person; (b) The names and addresses of the persons to whom disposal is made, and the quantities disposed of to each such person; (c) The quantities used by the handler for such purposes as manufacturing, production of oil, and livestock feeding; and (d) The quantities held on August 1, January 1, and April 1 of each marketing year. [40 FR 22268, May 22, 1975] 85.73 Proceedings after termination. Subpart—Administrative Rules and Regulations ers. AUTHORITY: Secs. 1-19, 48 Stat. 31, as amended (7 U.S.C. 601-674). SOURCE: 45 FR 25040, Apr. 14, 1980, unless otherwise noted. Subpart-Order Regulating Handling DEFINITIONS § 985.1 Secretary. "Secretary" means the Secretary of Agriculture of the United States, or any other officer or employee of the U.S. Department of Agriculture who is, or who may be, authorized to perform the duties of the Secretary of Agriculture of the United States. § 985.2 Act. "Act" means Public Act No. 10, 73d Congress, as amended, and reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (Secs. 1-19, Stat. 31, as amended; 7 U.S.C. 601-674). § 985.3 Person. "Person" means an individual, partnership, corporation, association, or any other business unit. § 985.4 Spearmint oil. re "Spearmint oil", hereinafter ferred to as "oil", means essential oil extracted by distillation from plants, grown in the production area, of the genus Mentha, species Cardiaca (com- "Class 1"-Oil extracted from the first cut- "Class 2"-Oil extracted from the second "Class 3"-Oil extracted from Native Spear- "Class 4"-Oil which has a spearmint flavor, The Committee, with the approval § 985.5 Production area. "Production area" means all the area within the States of Washington, Idaho, Oregon, and that portion of California and Nevada north of the 37th parallel and that portion of Montana and Utah west of the 111th meridian. The area shall be divided into the following districts: (a) District 1. The State of Washington. (b) District 2. The State of Idaho and that portion of the States of Montana, Nevada, and Utah included in the production area. (c) District 3. The State of Oregon and that portion of the State of California included in the production area. 8 985.6 Producer. is synonymous with "Producer" "grower" and means any person engaged in a proprietary capacity in the commercial production of oil or who causes it to be produced. 8 985.7 Handler. "Handler" means any person who handles oil. 8 985.8 Handle. "Handle" means to prepare oil for market, acquire oil from a producer, use oil commercially of own production, or sell, transport, or ship (except as a common or contract carrier of oil owned by another), or otherwise place oil into the current of commerce within the production area or from the area to points outside thereof: Provided, That (a) the preparation for market of salable oil by producers who are not dealers or users, (b) the sale or transportation of salable oil by a producer to a handler of record within the production area, or (c) the transfer of excess oil by the producer to another producer to enable that producer to fill a deficiency in an annual allotment, or (d) the delivery of excess oil by the producer to the Committee or its designees, shall not be construed as handling. § 985.22 Term of office. The term of office of each member and alternate member of the Committee shall be for two calendar years: Provided, That one-half of the initial members and alternates shall serve for terms ending December 31, 1980, and one-half of the initial members and alternates shall serve for terms ending December 31, 1981. Members and alternates shall serve in such capacity for the term of office for which they are selected and have qualified and until their respective successors are selected and have qualified. No member shall serve more than two consecutive terms as member and no alternate shall serve more than two consecutive terms as alternate. |