[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10220]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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Agricultural Marketing Service
7 CFR Part 1240 
[AMS-FV-93-704C] 
RIN: 0581-AB23 
 

Honey Research, Promotion, and Consumer Information Order and 
Rules and Regulations Issued Thereunder; Termination of Order Provision 
and Conforming Correction of the Rules and Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document terminates a provision of the Honey Research, 
Promotion, and Consumer Information Order (Order) and deletes 
conflicting and confusing language in the Rules and Regulations issued 
under the Order. This action is being taken to clarify and correct the 
Order and rules and regulations which were amended in August 1991.

 DATES: This interim final rule is effective May 2, 1994. Comments must 
be received May 2, 1994.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this action. Comments must be sent in triplicate to the 
Docket Clerk, Research and Promotion Branch, F&V, AMS, USDA, Room 2535 
South Building, P.O. Box 96456, Washington, DC 20090-6456. Comments 
should reference the docket number and the date and page number of this 
issue of the Federal Register and will be available for public 
inspection in the Office of the Docket Clerk during regular business 
hours. Comments concerning the information collection requirements 
contained in this action should be sent to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, Washington DC 
20503, attn: Desk Officer for the Agricultural Marketing Service, USDA.

FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and 
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 
96456, Room 2535-So., Washington, DC 20090-6456; telephone (202) 720-
9915.

SUPPLEMENTARY INFORMATION: These amendments to the Plan are issued 
pursuant to the Honey Research, Promotion, and Consumer Information 
Act, as amended on November 28, 1990 [104 Stat. 3904, 7 U.S.C. 4601 et 
seq.], hereinafter referred to as the Act.
    This rule is being issued in conformance with Executive Order No. 
12866.
    This interim rule has been reviewed under Executive Order 12778, 
Civil Justice reform. It is not intended to have retroactive effect. 
This rule will not preempt any state or local laws, regulation, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 10 of the Act, a 
person subject to an order may file a petition with the Secretary 
stating that such order, any provision of such order, or any obligation 
imposed in connection with such order is not in accordance with law; 
and requesting a modification of the order or an exemption from the 
order. Such person is afforded the opportunity for a hearing on the 
petition. After the hearing, the Secretary would rule in the petition. 
The Act provides that the district court of the United States in any 
district in which such person is an inhabitant, or has a principal 
place of business, has jurisdiction to review the Secretary's ruling on 
the petition, provided that a complaint is filed within 20 days after 
the date of 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 proposed action on 
small entities.
    There are an estimated 145 handlers, 510 producer-packers, 8,300 
producers, and 350 importers who are currently subject to the 
provisions of the Order. The majority of these persons may be 
classified as small agricultural producers and small agricultural 
service firms. Small agricultural producers are 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, 
which include importers, are defined as those having annual receipts of 
less than $3,500,000.
    In accordance with the Paperwork Reduction Act (PRA) of 1980 (44 
U.S.C. chapter 35), and Office of Management and Budget (OMB) 
regulations (5 CFR part 1320), the information collection and 
recordkeeping requirements contained in this action were submitted to 
the OMB and approved under OMB control numbers 0581-0093 and 0505-0001. 
Comments concerning the information collection requirements contained 
in this action should be sent to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC, 
20503, attn: Desk Officer for the Agricultural Marketing Service, USDA.
    On November 28, 1990, the Act was amended by the Food, Agriculture, 
Conservation and Trade Act of 1990. One of the amendments to the Act 
redefined the requirements for honey that is exempted from assessments 
under the Act.
    Prior to the Act's 1990 amendment, a producer or a producer-packer 
who produced or handled or produced and handled less than 6,000 pounds 
of honey per year or an importer who imported less than 6,000 pounds of 
honey per year were exempt from assessment. Such producers, producer-
handlers, and importers applied to the Honey Board for a certificate of 
exemption which would be presented to the handler of the exemptee's 
honey. Reporting requirements for handlers included listing those 
producers claiming exemption.
    Under the 1990 amendment to the Act, however, producers, producer-
packers, and importers who produce or import during any year less than 
6,000 pounds of honey are exempt from paying assessments only if that 
honey is (1) consumed at home, (2) donated by the producer or importer 
to a nonprofit, government, or other entity that is determined 
appropriate by the Secretary, or (3) distributed directly through local 
retail outlets (e.g., farmers markets and roadside stands).
    Since exempted honey may no longer be sold through handlers, 
handlers are no longer required to provide information to the Board on 
exempted honey. However, in the amendment to the Order and rules and 
regulations published as a final rule in the August 7, 1991, Federal 
Register (50 FR 37453), conforming changes to sections 1240.50 and 
1240.114 which incorporated these changes to the Act were inadvertently 
not made. As published, these sections may be confusing and are in 
conflict with the amended Order and rules and regulations.
    Section 13 of the Act provides that whenever the Secretary finds 
that any provision of any order issued under the Act obstructs or does 
not tend to effectuate the declared purpose of the Act, the Secretary 
shall terminate such provisions. Therefore, this action deletes 
obsolete and confusing language from paragraph (a) of section 1240.50 
of the Order and from paragraph (b) of section 1240.114 of the 
regulations issued under the Order.
    Based on the above, the Administrator of the AMS has determined 
that the issuance of this interim final rule will not have a 
significant economic effect on a substantial number of small entities.
    After consideration of all relevant material presented with regard 
to the termination of provisions in the Order and the rules and 
regulations as hereinafter set forth, it is found that these provisions 
no longer tend to effectuate the declared policy of the Act.
    All written comments received in response to this publication by 
the date specified herein will be considered prior to finalizing this 
action.
    Pursuant to the provisions in 5 U.S.C. 553, it is found and 
determined upon good cause that it is impracticable, unnecessary, and 
contrary to the public interest to give preliminary notice prior to 
putting this rule into effect and that good cause exists for not 
postponing the effective date of this action until 30 days after 
publication in the Federal Register because: (1) This action terminates 
provisions of the Order and the rules and regulations consistent with 
the 1990 amendments to the Act; (2) a 30-day comment period is provided 
to allow interested parties to comment prior to finalization; and (3) 
no useful purpose would be served by a delay of the effective date.

List of Subjects in 7 CFR Part 1240

    Advertising, Agricultural research, Honey, Imports, Reporting and 
recordkeeping requirements.

PART 1240--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION 
ORDER

    1. The authority citation for 7 CFR Part 1240 is revised to read as 
follows:

    Authority: 7 U.S.C. 4601-4612.


Sec. 1240.50  [Amended]

    2. In Sec. 1240.50, paragraph (a), the words ``including those 
producers who claim exemption from assessment; copy of statement 
claiming exemption from assessment from those who claim such 
exemption'' are removed.


Sec. 1240.114  [Amended]

    3. In Sec. 1240.114, paragraph (b), the words ``Producers who are 
exempt from assessment must present their certificates of exemption to 
their first handler in order to not be subject to assessment on honey. 
First handlers, except as otherwise authorized by the Honey Board are 
required to maintain records showing the exemptee's name and address 
along with their certificate number assigned by the Board,'' are 
removed.

    Dated: April 20, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10220 Filed 4-29-94; 8:45 am]
BILLING CODE 3410-02-P