[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Proposed Rules]
[Pages 3848-3849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1908]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[FV-97-705RO]


Mushroom Promotion, Research, and Consumer Information Order; 
Referendum Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This action gives notice that a referendum will be conducted 
to determine whether mushroom producers and importers favor continuance 
of the Mushroom Promotion, Research, and Consumer Information Order 
(Order). In order to continue, the Order must be approved by a majority 
of producers and importers voting in the referendum and that majority 
must represent more than 50 percent of the mushrooms produced and 
imported by those voting in the referendum. This action announces the 
voting period, representative period, and agents.

DATES: The referendum will be conducted by mail ballot from February 24 
through March 13, 1998. Faxed ballots will be accepted. The 
representative period for establishing voter eligibility shall be the 
period from July 1, 1996, through June 30, 1997.

ADDRESSES: Copies of the Mushroom Promotion, Research, and Consumer 
Information Order may be obtained from: Referendum Agent, Research and 
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, Room 2535-S, Stop Code 0244, Washington, DC 20090-
6456, telephone number (888) 720-9917, fax (202) 205-2800.

FOR FURTHER INFORMATION CONTACT: Stacey L. Bryson, Research and 
Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, Room 2535-S,

[[Page 3849]]

Stop Code 0244, Washington, DC 20090-6456, telephone (202) 720-6930 or 
(888) 720-9917.

SUPPLEMENTARY INFORMATION: A referendum will be conducted among 
mushroom producers and importers to determine whether the continuance 
of the Mushroom Promotion, Research, and Consumer Information Order 
(Order) [7 CFR 1209] is favored by persons voting in the referendum. 
The Order is authorized under the Mushroom Promotion, Research, and 
Consumer Information Act (Act) [7 U.S.C. 6101-6112].
    The representative period for establishing voter eligibility for 
the referendum shall be the period from July 1, 1996, through June 30, 
1997. Paragraph (b)(2) of Sec. 1926 of the Act requires that the Order 
be approved by a majority of producers and importers voting in the 
referendum which majority, on average, annually produces and imports 
into the United States more than 50 percent of mushrooms annually 
produced and imported by all those persons voting in the referendum. 
Only mushroom producers and importers who either produced or imported, 
on average, over 500,000 pounds of mushrooms annually during the 
representative period will be eligible to vote in the referendum. 
Persons who have received an exemption from assessment for the entire 
representative period are ineligible to vote. The referendum shall be 
conducted by mail ballot from February 24 through March 13, 1998. Faxed 
ballots will be accepted.
    Section 1926 of the Act provides that the Secretary of Agriculture 
(Secretary) shall conduct a referendum effective 5 years after the date 
on which the Order became effective. The Order became effective on 
January 8, 1993. The referendum must be conducted among mushroom 
producers and importers to ascertain whether they favor continuation, 
termination, or suspension of the Order. Persons voting in the 
referendum will certify their eligibility to vote and will designate 
their status either as a mushroom producer or importer. Producers and 
importers will be required to certify the pounds of mushrooms they 
either produced or imported during the representative period.
    The Order shall continue in effect if it is approved by a simple 
majority of producers and importers voting in the referendum and that 
majority represents more than 50 percent of the mushrooms produced and 
imported by those voting in the referendum. If the Secretary determines 
that suspension or termination of the Order is favored by a majority of 
the producers and importers voting in the referendum, which majority, 
on average, annually produces and imports into the United States more 
than 50 percent of the mushrooms annually produced and imported by all 
those voting in the referendum, the Secretary shall terminate or 
suspend the collection of assessments under the Order and suspend or 
terminate activities under the Order as soon as practicable.
    In accordance with the Paperwork Reduction Act of 1995 [Pub. L. 
104-13], the referendum ballot has been approved by the Office of 
Management and Budget (OMB) and has been assigned OMB number 0581-0093. 
There are approximately 138 eligible voters. It will take an average of 
15 minutes for each voter to read the voting instructions and complete 
the referendum ballot. The total burden on the total number of voters 
will be 34.5 hours.

Referendum Order

    It is hereby directed that a referendum be conducted among mushroom 
producers and importers to determine whether they favor the continuance 
of the Order. The representative period for establishing voter 
eligibility for the referendum shall be the period from July 1, 1996, 
through June 30, 1997. A referendum shall be conducted by mail ballot 
from February 24 through March 13, 1998. Faxed ballots will be 
accepted.
    By interim final rule, referendum procedures were published in the 
Federal Register on December 23, 1997 [62 FR 66973]. Comments 
concerning the provisions of the rule must be received by January 22, 
1998. The Procedure for the Conduct of Referenda in Connection with the 
Mushroom Promotion, Research, and Consumer Information Order [7 CFR 
1209.300-1209.307] shall be used to conduct the referendum. Ballots 
will be mailed to all known mushroom producers and importers on or 
before February 17, 1998. Eligible voters who do not receive a ballot 
by mail may call the following toll-free telephone number to receive a 
ballot: 1 (888) 720-9917. All ballots will be subject to verification. 
Ballots must be received by the referendum agents by mail or fax no 
later than March 13, 1998, to be counted.
    Stacey L. Bryson and Martha B. Ransom, Research and Promotion 
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, 
U.S. Department of Agriculture, Room 2535-S, Stop Code 0244, P.O. Box 
96456, Washington, D.C. 20090-6456, are designated as the referendum 
agents of the Secretary of Agriculture to conduct the referendum.
    Ballots to be cast in the referendum, and any related material 
relevant to the referendum, will be mailed by the referendum agents to 
all known mushroom producers and importers. Only mushroom producers and 
importers who either produced or imported, on average, over 500,000 
pounds of mushrooms annually during the representative period will be 
eligible to vote in the referendum. Persons who have received an 
exemption from assessment for the entire representative period are 
ineligible to vote.

List of Subjects in 7 CFR Part 1209

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

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

    Dated: January 21, 1998.
Enrique E. Figueroa,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 98-1908 Filed 1-26-98; 8:45 am]
BILLING CODE 3410-02-P