[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Rules and Regulations]
[Pages 9608-9609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4175]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR PART 1240

[AMS-FV-93-704CF]
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: Final rule.

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SUMMARY: This rule finalizes an interim final rule which terminated a 
provision of the Honey Research, Promotion, and Consumer Information 
Order (Order) and deleted 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.

EFFECTIVE DATE: March 23, 1995.
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 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.
    The Department is issuing this final rule in conformance with 
Executive Order 12866.
    This final 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 
[[Page 9609]] 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 compliant 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 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 $5,000,000.
    In accordance with the Paperwork Reduction Act (PRA) of 1980 [44 
U.S.C. chapter 35], and 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.
    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, an interim final rule 
deleted 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.
    The interim final rule with request for comments was published in 
the Federal Register on May 2, 1994 (59 FR 22492). The interim final 
rule erroneously stated that comment were due on May 2, 1994. 
Therefore, the Federal Register printed a correction on May 10, 1994 
(59 FR 24217) which stated that the comment period ended on June 1, 
1994. No comments were received.
    Based on the above, the Administrator of the AMS has determined 
that the issuance of this 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 effectuate the declared policy of the Act. Accordingly, the 
interim final rule is finalized, without change, as published in the 
Federal Register (59 FR 22492, May 2, 1994).

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

    Accordingly, the interim final rule amending 7 CFR part 1240, which 
was published at 59 FR 22492 on May 2, 1994, is adopted as a final rule 
without change.

    Dated: February 13, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 95-4175 Filed 2-17-95; 8:45 am]
BILLING CODE 3410-02-P