[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
[Rules and Regulations]
[Pages 1269-1270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-422]


[[Page Unknown]]

[Federal Register: January 10, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 910

[FV93-910-3 FIR]

 

Lemons Grown in California and Arizona; Increase in the Organic 
Exemption Provision

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This document finalizes without change an interim final rule 
that amended the rules and regulations established under the marketing 
order covering California-Arizona lemons to increase from 350 to 500 
cartons per week, the amount of organic lemons handlers may ship 
without regard to volume and size regulations. The marketing order 
regulates the handling of lemons grown in California and Arizona and is 
administered locally by the Lemon Administrative Committee (Committee). 
This final rule recognizes additional opportunity to market organic 
lemons to organic or health food wholesalers and retailers.

EFFECTIVE DATE: February 9, 1994.

FOR FURTHER INFORMATION CONTACT: Kellee J. Hopper, Marketing 
Specialist, California Marketing Field Office, Marketing Order 
Administration Branch, F&V, AMS, USDA, 2202 Monterey Street, suite 
102B, Fresno, California, 93721; telephone: (209) 487-5901; or Kenneth 
G. Johnson, Marketing Specialist, Marketing Order Administration 
Branch, F&V, AMS, USDA, room 2522-S, P.O. Box 96456, Washington, DC 
20090-6456: telephone: (202) 720-5127.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order 
No. 910 [7 CFR part 910], as amended, regulating the handling of lemons 
grown in California and Arizona, hereinafter referred to as the 
``order.'' This order is effective under the Agricultural Marketing 
Agreement Act of 1937, as amended [7 U.S.C 601-674], hereinafter 
referred to as the ``Act.''
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any state or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
action.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with the Secretary a 
petition stating that the order, any provision of the order, or any 
obligation imposed in connection with the order is not in accordance 
with law and request a modification of the order or to be exempted 
therefrom. A handler is afforded the opportunity for a hearing on the 
petition. After the hearing the Secretary would rule on the petition. 
The Act provides that the district court of the United States in any 
district in which the handler is an inhabitant, or has his or her 
principal place of business, has jurisdiction in equity to review the 
Secretary's ruling on the petition, provided a bill in equity is filed 
not later than 20 days after date of the entry of the ruling.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of the Agricultural Marketing Service 
(AMS) has considered the economic impact of this action on small 
entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 2,000 producers of lemons in the production 
area and approximately 70 handlers subject to regulation under the 
marketing order. Small agricultural producers have been defined by the 
Small Business Administration [13 CFR 121.601] as those having annual 
receipts of less than $500,000, and small agricultural service firms 
are defined as those whose annual receipts are less than $3,500,000. 
The majority of these handlers and producers may be classified as small 
entities.
    Section 910.80 of the order authorizes the Committee, with the 
approval of the Secretary, to establish minimum quantities and types of 
shipments which shall be free from regulation under this order. Section 
910.180(d)(3) of the administrative rules and regulations prescribes 
procedures governing exemption from volume and size regulations for 
organic lemons handled in minimum quantities.
    On July 23, 1993, Mr. Rich Hart, President of Rainbow Valley 
Orchards, sent a letter to the Committee requesting an increase in the 
amount of organic lemons a handler may ship free of order regulations 
to 500 cartons per week. Currently, handlers can ship up to 350 cartons 
of such lemons weekly. At its August 3, 1993, meeting, the Committee 
recommended increasing the organic exemption provision from 350 to 500 
cartons per week that handlers may ship to organic or health food 
wholesalers and retailers without regard to volume and size 
regulations. The vote on the recommendation was 12 in favor and 1 
abstention. The person who abstained expressed a concern with the 
definition of organic.
    Shippers of organic lemons have indicated that organic fruit 
markets can absorb more fruit than in the past, and that they need to 
take advantage of the additional marketing opportunity. The Committee 
expects the increase in shipments allowed will provide shipping 
flexibility for organic shippers and will facilitate the marketing of 
organic lemons. The Committee also believes that sales of organic 
lemons will not adversely impact sales of regulated lemons.
    The interim final rule was issued on October 4, 1993, with an 
effective date of October 8, 1993, and published in the Federal 
Register [58 FR 52401, October 8, 1993]. The interim final rule 
provided a 30-day comment period ending November 8, 1993, and no 
comments were received.
    The interim final rule amended the rules and regulations of the 
lemon marketing order. This rule modifies language in the order's rules 
and regulations to increase from 350 to 500 cartons per week, the 
amount of organic lemons handlers may ship free of order regulations.
    Based on these considerations, the Administrator of the AMS has 
determined that this action will not have a significant economic impact 
on a substantial number of small entities.
    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
Chapter 35), the information collection requirements that are contained 
in this rule have been previously approved by the Office of Management 
and Budget (OMB) and have been assigned OMB No. 0581-0120.
    After consideration of all relevant matter presented, including the 
information and recommendations submitted by the Committee and other 
available information, it is hereby found that this rule as hereinafter 
set forth will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 910

    Lemons, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 910 is 
amended as follows:
    1. The authority citation for 7 CFR part 910 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

PART 910--LEMONS GROWN IN CALIFORNIA AND ARIZONA

    2. Accordingly, the interim final rule amending Sec. 910.180, which 
was published in the Federal Register [58 FR 52401, October 8, 1993], 
is adopted as a final rule without change.

    Dated: January 3, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-422 Filed 1-7-94; 8:45 am]
BILLING CODE 3410-02-P