[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Rules and Regulations]
[Pages 33328-33329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15856]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 1
[FV-94-705FR]
Rules of Practice Governing Formal Adjudicatory Proceedings
Instituted by the Secretary Under Various Statutes
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
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SUMMARY: This amendment will expand the scope and applicability of the
Department of Agriculture's uniform rules of practice governing
adjudicatory proceedings to include actions initiated under the Fluid
Milk Promotion Act of 1990; the Fresh Cut Flowers and Fresh Cut Greens
Promotion and Consumer Information Act of 1993; the Lime Research,
Promotion, and Consumer Information Act of 1990, as amended; the
Mushroom Promotion, Research, and Consumer Information Act of 1990; the
Pecan Promotion and Research Act of 1990; the Sheep Promotion,
Research, and Information Act of 1994; and the Soybean Promotion,
Research, and Consumer Information Act.
EFFECTIVE DATE: June 28, 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: The Fluid Milk Promotion Act of 1990 [Pub.
L. 101-624, 7 U.S.C. 6401-6417]; the Fresh Cut Flowers and Fresh Cut
Greens Promotion and Consumer Information Act of 1993 [Pub. L. 103-190,
7 U.S.C. 6801-6814]; the Lime Research, Promotion, and Consumer
Information Act of 1990, as amended, [Pub. L. 101-624, 7 U.S.C. 6201-
6212]; the Mushroom Promotion, Research, and Consumer Information Act
of 1990 [Pub. L. 101-624, 7 U.S.C. 6101-6112]; the Pecan Promotion and
Research Act of 1990 [Pub. L. 101-624, 7 U.S.C. 6001-6013]; the Sheep
Promotion, Research, and Information Act of 1994 [7 U.S.C. 7101-7111];
and the Soybean Promotion, Research, and Consumer Information Act [Pub.
L. 101-624, 7 U.S.C. 6301-6311]; each authorizes the assessment of
civil penalties and the issuance of cease and desist orders against any
person found to be in violation of the respective Act, order, plan, or
regulation issued thereunder.
The Department of Agriculture has established uniform rules of
practice [7 CFR part 1, subpart H], which govern the conduct of
adjudicatory proceedings under numerous statutes. In order to insure
consistency and uniformity in the conduct of the Department's
administrative proceedings, it has been determined that proceedings
initiated under the Acts listed above should also be governed by these
uniform procedures.
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 rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect, and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
The provisions of the Administrative Procedure Act concerning
notice and opportunity for comment on agency rulemaking [5 U.S.C. 553]
do not apply to the promulgation of agency rules of practice. Further,
this action simply extends the applicability of the Department's
uniform rules of practice [[Page 33329]] to newly passed statutes.
Accordingly, this action is made effective upon publication in the
Federal Register.
In consideration of the foregoing, 7 CFR part 1, subpart H, is
amended as follows:
PART 1--AMENDED
1. The authority citation for part 1, subpart H is revised to read
as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e, 149, 150gg, 162, 163,
164, 228, 268, 499o, 608c(14), 1592, 1624(b), 2151, 2621, 2714,
2908, 3812, 4610, 4815, 4910, 6009, 6107, 6207, 6307, 6411, 6808,
7107; 15 U.S.C. 1828; 16 U.S.C. 620d, 1540(f), 3373; 21 U.S.C. 104,
111, 117, 120, 122, 127, 134e, 134f, 135a, 154, 463(b), 621, 1043;
43 U.S.C. 1740; 7 CFR 2.35, 2.41.
Sec. 1.131 [Amended]
Section 1.131(a) is amended by inserting the following statutory
references in the list of statutes in alphabetical order: Fluid Milk
Promotion Act of 1990, section 1999L [7 U.S.C. 6411], Fresh Cut Flowers
and Fresh Cut Greens Promotion and Consumer Information Act of 1993,
section 9 [7 U.S.C. 6808], Lime Research, Promotion, and Consumer
Information Act of 1990, as amended, section 1958 [7 U.S.C. 6207],
Mushroom Promotion, Research, and Consumer Information Act of 1990,
section 1928 [7 U.S.C. 6107], Pecan Promotion and Research Act of 1990,
section 1914 [7 U.S.C. 6009], Sheep Promotion, Research, and
Information Act of 1994 [7 U.S.C. 7107], and Soybean Promotion,
Research, and Consumer Information Act, section 1972 [7 U.S.C. 6307].
Dated: June 22, 1995.
Lon Hatamiya,
Administrator, Agricultural Marketing Service.
[FR Doc. 95-15856 Filed 6-27-95; 8:45 am]
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