[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Rules and Regulations]
[Pages 13613-13615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6227]



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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[FV-92-701FR]
RIN 0581-AA49


Mushroom Promotion, Research, and Consumer Information Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture is adopting with change as a 
final rule an interim final rule which specified the general rules and 
regulations under the Mushroom Promotion, Research, and Consumer 
Information Order (Order). The interim final rule implemented 
provisions of the Order concerning the nomination and appointment of 
members to the Mushroom Council; the preparation and submission of 
financial statements; the payment of assessments, including the 
application of late payment and interest charges; the procedures for 
claiming an exemption from assessments; and the filing of reports.

EFFECTIVE DATE: March 14, 1995.

FOR FURTHER INFORMATION CONTACT: Richard Schultz, Research and 
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 
96456, Room 2535-S, Washington, D.C. 20090-6456, telephone: (202) 720-
5976.

SUPPLEMENTARY INFORMATION: This final rule is issued under the Mushroom 
Promotion, Research, and Consumer Information Order [7 CFR Part 1209], 
hereinafter referred to as the Order. The Order is authorized by the 
Mushroom Promotion, Research, and Consumer Information Act of 1990 [7 
U.S.C. 6101-6112], hereinafter referred to as the Act.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. It is not intended to have retroactive effect. Section 
1930 of the Act provides that nothing in the Act may be construed to 
preempt or supersede any other program relating to mushroom promotion, 
research, consumer information, and industry information organized and 
operated under the United States or any State.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under Sec. 1927 of the Act, a 
person subject to the Order may file with the Secretary of Agriculture 
(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 requesting a modification of the Order or an 
exemption from the Order. The petitioner is afforded the opportunity 
for a hearing on the petition. After such hearing, the Secretary will 
make a ruling on the petition, which will be final if in accordance 
with the law. The Act provides that the district courts, of the United 
States in any district in which a person who is a petitioner resides or 
carries on business, are vested with jurisdiction to review the ruling 
on such person's petition, if a complaint for that purpose is filed 
within 20 days after the date of the entry of such ruling of the 
Secretary.

Regulatory Flexibility Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act [5 U.S.C. 601 et seq.] (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.
    The most recent Department estimate of mushroom growers in the 
United States indicates that there are 355 [[Page 13614]] growers. 
There are approximately 125 growers who fall under the definition of 
producer as defined in the Act and are subject to the Order. In 
addition, there are approximately 100 handlers, including producers who 
are also handlers, and no more than 5 importers who are subject to the 
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, 
which include mushroom handlers and importers, have been defined as 
those having annual receipts of less than $5 million.
    While a majority of the handlers and importers who are subject to 
the Order are classified as small entities, a majority of the producers 
who are subject to the Order are not so classified.
    This action provides for the continuance of provisions implemented 
in an interim final rule. Generally, producers, first handlers, and 
importers will be most affected by the provisions on nominating members 
to the Mushroom Council (Council); paying assessments, including the 
application of late payment and interest charges; claiming an exemption 
from assessments; and filing reports.
    The nomination procedures specified in this action relate to the 
conduct of regional caucuses and mail balloting. Although there will be 
economic costs to persons participating in the nomination process 
relative to opportunity costs, travel costs, and postage costs, these 
costs will not be significant relative to the benefits to be gained. 
These procedures provide an opportunity for persons subject to the 
Order to nominate individuals and to be nominated as individuals to 
serve on the Council in an orderly and timely manner.
    The procedures for payment of assessments specified in this action 
relate to the collection and remittance of assessments and the 
application of late payment and interest charges. Although there will 
be economic costs to persons subject to the Order relative to 
opportunity costs, assessment collection costs, and assessment 
remittance costs, these costs will not be significant relative to the 
benefits to be gained. These procedures provide such persons with an 
equitable and practicable framework to collect and remit assessments in 
an orderly and timely manner.
    The exemption procedures specified in this action allow persons not 
subject to the Order to obtain an exemption from paying assessments or, 
in the case of importers, a reimbursement for assessments collected. 
Although there will be economic costs to persons applying for such 
exemption or reimbursement relative to opportunity costs and postage 
costs, these costs will not be significant relative to the benefits to 
be gained. These procedures provide such persons with a practicable 
means of obtaining exemptions or reimbursements in an orderly and 
timely manner.
    The filing of reports by persons subject to the Order is required 
by the Act. The economic costs to persons filing these reports has been 
reduced to a minimum and, consequently, these costs will not be 
significant relative to the potential benefits to be gained. These 
filings are necessary for the effective and efficient administration of 
the program.
    Accordingly, the Administrator of the AMS has determined that this 
action will not have a significant economic impact on a substantial 
number of small entities.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
chapter 35), the information collection requirements contained in this 
action regarding a nominee background statement form, a first handler's 
report, an exemption application, and an importer reimbursement 
application have been approved by the OMB. The first handler's report, 
the exemption application, and the importer reimbursement application 
are assigned OMB control number 0581-0093. The nominee background 
statement form is assigned OMB control number 0505-0001.

Background

    On January 8, 1993, the Order became effective. The Order 
authorizes the development of a nationally coordinated program of 
promotion, research, consumer information, and industry information 
designed to strengthen the mushroom industry's position in the fresh 
market; maintain and expand existing markets and uses for fresh 
mushrooms; and develop new markets and uses for fresh mushrooms. The 
Order is administered by the Council whose members were appointed by 
the Secretary in June 1993.
    An interim final rule was published in the February 11, 1993, issue 
of the Federal Register. The rule provided rules and regulations that 
were needed to implement provisions of the Order concerning the 
nomination and appointment of members to the Council; the preparation 
and submission of financial statements; the payment of assessments, 
including the application of late payment and interest charges; the 
procedures for claiming an exemption from assessments; and the filing 
of reports.
    The interim final rule provided that interested persons could file 
written comments through May 12, 1993. No written comments were 
received.
    One change is made to the rule by the Department for the purpose of 
conforming to industry practice.
    This change to Sec. 1209.260 of the rule is made to conform with 
the industry's practice of using a producer's tax identification number 
rather than farm identification number for reporting purposes. 
Therefore, a first handler will be required to provide the tax 
identification number, rather than the farm identification number, of 
each producer with whom the first handler has dealt with during the 
reporting period.
    It is found that the rules and regulations, as set forth in the 
February 11 interim final rule and adopted with change by this final 
rule, will tend to effectuate the declared policy of the Act.
    Pursuant to the provisions of 5 U.S.C. 553, it is found and 
determined 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 continues in effect rules and regulations 
which were previously implemented on an interim basis, except for one 
change to conform to industry practice; (2) producers, first handlers, 
and importers are already aware of this action and will not need any 
additional time to comply with it; and (3) no useful purpose will be 
served by a delay of the effective date.

List of Subjects in 7 CFR Part 1209

    Administrative practice and procedure, Advertising, Agricultural 
research, Marketing agreements, Mushrooms, Reporting and recordkeeping 
requirements.

    Accordingly, the interim final rule amending 7 CFR Part 1209 which 
was published at 58 FR 8194 on February 11, 1993, is adopted as a final 
rule with the following change:

PART 1209--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION 
ORDER

    1. The authority citation for Part 1209 continues to read as 
follows:

    Authority: 7 U.S.C. 6101-6112.


Sec. 1209.260  [Amended]

    2. Section 1209.260 is amended by removing the word ``farm'' and 
adding in its place ``tax''.

    [[Page 13615]] Dated: March 8, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-6227 Filed 3-13-95; 8:45 am]
BILLING CODE 3410-02-P