[Federal Register Volume 69, Number 142 (Monday, July 26, 2004)]
[Rules and Regulations]
[Pages 44460-44461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16941]


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DEPARTMENT OF AGRICULTURE

Agriculture Marketing Service

7 CFR Part 983

[Docket No. FV02-983-1 FR]


Pistachios Grown in California; Delay of the Effective Date for 
Aflatoxin, Size and Quality Requirements

AGENCY: Agriculture Marketing Service, USDA.

ACTION: Final rule; delay of effective date.

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SUMMARY: This document delays the effective date for aflatoxin, size 
and quality requirements established under Marketing Order No. 983 
(order). The order regulates the handling of pistachios produced in 
California. Sections 983.38 through 983.46 of the order establish 
maximum aflatoxin along with minimum size and quality requirements for 
California pistachios. The delayed effective date was requested by 
members of the California pistachio industry. Postponing the effective 
date of the regulations will provide pistachio handlers with 
preparation time needed to meet the aflatoxin, size and quality 
requirements of the order.

DATES: The effective date for Sec. Sec.  983.38 through 983.46 is 
delayed from August 1, 2004, to February 1, 2005.

FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing 
Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
Programs, AMS, USDA, PO Box 1035, Moab, Utah 84532; telephone: (435) 
259-7988, Fax: (435) 259-4945; or Rose Aguayo, Marketing Specialist, 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, 
suite 102B, Fresno, California 93721; telephone: (559) 487-5901, Fax: 
(559) 487-5906.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This document delays the effective date from 
August 1, 2004, to February 1, 2005, for aflatoxin, size and quality 
provisions established under Marketing Order No. 983 (order) (69 FR 
17844, April 5, 2004). The order, which became effective in April 2004, 
regulates the handling of pistachios produced in California. Sections 
983.38 through 983.46 of the order establish maximum aflatoxin along 
with minimum size and quality requirements for California pistachios, 
and were scheduled to become effective on August 1, 2004. The delay was 
requested by members of the California pistachio industry. Postponing 
the effective date of the aflatoxin, size and quality requirements will 
provide pistachio handlers with preparation time needed to comply with 
these requirements. For example, additional time is needed for handlers 
to arrange for accredited laboratories to test their pistachios and 
certify that they meet the order's aflatoxin requirements.
    In addition, administrative rules and regulations needed to 
implement the program (for example, handler reporting requirements) 
have not been established. These should be considered and recommended 
by the committee established to locally administer the order. The 
committee is in the process of being appointed by the Department. 
Postponing the effective date of the order's regulatory provisions 
would allow the new committee time to become established and actively 
participate in implementing the order.
    Thus, the effective date of Sec. Sec.  983.38 through 983.46 should 
be delayed until February 1, 2005. A 6-month delay should provide 
adequate time for pistachio handlers to prepare to meet the aflatoxin, 
size and quality requirements. It should also allow sufficient time for 
an administrative committee to be appointed and recommend any 
implementing rules and regulations deemed necessary.

List of Subjects in 7 CFR Part 983

    Marketing agreements, Pistachios, Reporting and recordkeeping 
requirements.

    Authority: 7 U.S.C. 601-674.


[[Page 44461]]


    Dated: July 21, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-16941 Filed 7-23-04; 8:45 am]
BILLING CODE 3410-02-P