[Federal Register Volume 69, Number 157 (Monday, August 16, 2004)]
[Rules and Regulations]
[Pages 50289-50293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18613]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV04-989-1 FIR]


Raisins Produced From Grapes Grown in California; Final Free and 
Reserve Percentages for 2003-04 Crop Natural (Sun-Dried) Seedless 
Raisins

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim final rule that established final 
volume regulation percentages for 2003-04 crop Natural (sun-dried) 
Seedless (NS) raisins covered under the Federal marketing order for 
California raisins (order). The order regulates the handling of raisins 
produced from grapes grown in California and is locally administered by 
the Raisin Administrative Committee (Committee). The volume regulation 
percentages are 70 percent free and 30 percent reserve. The percentages 
are intended to help stabilize raisin supplies and prices, and 
strengthen market conditions.

EFFECTIVE DATE: Effective September 15, 2004. The volume regulation 
percentages apply to acquisitions of NS raisins from the 2003-04 crop 
until the reserve raisins from that crop are disposed of under the 
order.

FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior 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; or George Kelhart, Technical Advisor, 
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.
    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 rule is issued under Marketing 
Agreement and Order No. 989 (7 CFR part 989), both as amended, 
regulating the handling of raisins produced from grapes grown in 
California, hereinafter referred to as the ``order.'' The order is 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
    USDA is issuing this rule in conformance with Executive Order 
12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the order provisions now in effect, final free 
and reserve percentages may be established for raisins acquired by 
handlers during the crop year. This rule continues to establish final 
free and reserve percentages for NS raisins for the 2003-04 crop year, 
which began August 1, 2003, and ends July 31, 2004. This rule will not 
preempt any State or local laws, regulations, 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 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA 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 
request a modification of the order or to be exempted therefrom. Such 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This rule continues in effect final volume regulation percentages 
for 2003-04 crop NS raisins covered under the order. The volume 
regulation percentages are 70 percent free and 30 percent reserve, and 
were established through an interim final rule published on April 22, 
2004 (69 FR 21695). Free tonnage raisins may be sold by handlers to any 
market. Reserve raisins must be held in a pool for the account of the 
Committee and are disposed of through various programs authorized under 
the order. For example, reserve raisins may be sold by the Committee to 
handlers for free use or to replace part of the free tonnage raisins 
they exported; used in diversion programs; carried over as a hedge 
against a short crop; or disposed of in other outlets not competitive 
with

[[Page 50290]]

those for free tonnage raisins, such as government purchase, 
distilleries, or animal feed.
    The volume regulation percentages are intended to help stabilize 
raisin supplies and prices, and strengthen market conditions. The 
Committee unanimously recommended final percentages on February 12, 
2004.

Computation of Trade Demands

    Section 989.54 of the order prescribes procedures and time frames 
to be followed in establishing volume regulation. This includes 
methodology used to calculate percentages. Pursuant to Sec.  989.54(a) 
of the order, the Committee met on August 14, 2003, to review shipment 
and inventory data, and other matters relating to the supplies of 
raisins of all varietal types. The Committee computed a trade demand 
for each varietal type for which a free tonnage percentage might be 
recommended. Trade demand is computed using a formula specified in the 
order and, for each varietal type, is equal to 90 percent of the prior 
year's shipments of free tonnage and reserve tonnage raisins sold for 
free use into all market outlets, adjusted by subtracting the carryin 
on August 1 of the current crop year, and adding the desirable carryout 
at the end of that crop year. As specified in Sec.  989.154(a), the 
desirable carryout for NS raisins shall equal the total shipments of 
free tonnage during August and September for each of the past 5 crop 
years, converted to a natural condition basis, dropping the high and 
low figures, and dividing the remaining sum by three, or 60,000 natural 
condition tons, whichever is higher. For all other varietal types, the 
desirable carryout shall equal the total shipments of free tonnage 
during August, September and one-half of October for each of the past 5 
crop years, converted to a natural condition basis, dropping the high 
and low figures, and dividing the remaining sum by three.
    At its August 2003 meeting, the Committee computed and announced 
the 2003-04 trade demand for NS raisins at 210,933 tons. The August 
trade demand, however, did not account for Oleate Seedless raisins 
(Oleates). Beginning with the 2003-04 crop year, the NS varietal type 
was modified to include Oleates (68 FR 42943; July 21, 2003). Prior to 
that time, Oleates were a separate varietal type. The Oleate and NS 
trade demands were calculated separately. Then the two individual trade 
demand figures were added together to obtain a combined trade demand 
reflecting the new combined varietal type. The Committee establishes a 
500-ton minimum trade demand for any varietal type for which the 
computed trade demand is zero or less. The computed trade demand for 
Oleates was less than zero, so the Committee established the trade 
demand for Oleates at 500 tons. At USDA's request, the Committee met on 
September 9, 2003, and recomputed the combined NS trade demand to 
account for Oleates at 211,493 tons (210,933 plus 500).

             Computed Trade Demands (natural condition tons)
------------------------------------------------------------------------
                                                              NS raisins
------------------------------------------------------------------------
Prior year's shipments......................................     297,176
Multiplied by 90 percent....................................        0.90
Equals adjusted base........................................     267,458
Minus carryin inventory.....................................     116,465
Plus desirable carryout.....................................      60,000
Equals computed trade demand................................     210,993
Plus Oleate minimum trade demand tons.......................         500
-------------------------------------------------------------
Equals revised trade demand.................................     211,493
------------------------------------------------------------------------

Computation of Preliminary Volume Regulation Percentages

    Section 989.54(b) of the order requires that the Committee 
announce, on or before October 5, preliminary crop estimates and 
determine whether volume regulation is warranted for the varietal types 
for which it computed a trade demand. That section allows the Committee 
to extend the October 5 date up to 5 business days if warranted by a 
late crop.
    The Committee met on October 2, 2003, and announced a preliminary 
crop estimate for NS raisins of 276,931 tons, which is about 20 percent 
lower than the 10-year average of 348,419 tons. NS raisins are the 
major varietal type of California raisin. Adding the carryin inventory 
of 116,465 tons, plus the 276,931-ton crop estimate resulted in a total 
available supply of 393,396 tons, which was significantly higher (186 
percent) than the 211,493-ton trade demand. Thus, the Committee 
determined that volume regulation for NS raisins was warranted. The 
Committee announced preliminary free and reserve percentages for NS 
raisins, which released 85 percent of the computed trade demand since 
the field price (price paid by handlers to producers for their free 
tonnage raisins) had been established. The preliminary percentages were 
65 percent free and 35 percent reserve.
    In addition, preliminary percentages were announced for Other 
Seedless raisins. It was ultimately determined that volume regulation 
was only warranted for NS raisins. As in past seasons, the Committee 
submitted its marketing policy to USDA for review.

Computation of Final Volume Regulation Percentages

    Pursuant to Sec.  989.54(c), at its February 12, 2004, meeting, the 
Committee announced interim percentages for NS raisins to release 
slightly less than the full trade demand. Based on a revised NS crop 
estimate of 304,072 tons (up from the October estimate of 276,931 
tons), interim percentages for NS raisins were announced at 69.75 
percent free and 30.25 percent reserve.
    Pursuant to Sec.  989.54(d), the Committee also recommended final 
percentages at its February 2004 meeting to release the full trade 
demand for NS raisins. Final percentages were recommended at 70 percent 
free and 30 percent reserve. The Committee's calculations to arrive at 
final percentages for NS raisins are shown in the table below:

      Final Volume Regulation Percentages (natural condition tons)
------------------------------------------------------------------------
                                                              NS raisins
------------------------------------------------------------------------
Trade demand................................................     211,493
Divided by crop estimate....................................     304,072
Equals free percentage......................................          70
100 minus free percentage equals reserve percentage.........          30
------------------------------------------------------------------------

    In addition, USDA's ``Guidelines for Fruit, Vegetable, and 
Specialty Crop Marketing Orders'' (Guidelines) specify that 110 percent 
of recent years' sales should be made available to primary markets each 
season for marketing orders utilizing reserve pool authority. This goal 
was met for NS raisins by the establishment of final percentages, which 
released almost 100 percent of the trade demand, and offers of 
additional reserve raisins for sale to handlers for free pursuant to 
Sec.  989.54(g) (``10 plus 10 offers''), and Sec.  989.67(j) of the 
order.
    As specified in Sec.  989.54(g), the 10 plus 10 offers are two 
offers of reserve pool raisins, which are made available to handlers 
during each season. For each such offer, a quantity of reserve raisins 
equal to 10 percent of the prior year's shipments is made available for 
free use. Handlers may sell their 10 plus 10 raisins to any market.
    For NS raisins, the first 10 plus 10 offer was made in February 
2004, and the second offer was made in April 2004. A total of 61,026 
tons was made available to raisin handlers through these offers, and 
all of the raisins were purchased. Adding the total figure of 61,026 
tons of 10 plus 10 raisins to the

[[Page 50291]]

207,638 tons of free tonnage raisins acquired by handlers from 
producers through the week ending June 19, 2004, plus 129,345 tons of 
2002-03 carryin NS and Oleate inventory, equates to 398,009 tons of 
natural condition raisins, or 373,117 tons of packed raisins, that are 
available to handlers for free use or primary markets. This is almost 
130 percent of the quantity of NS raisins shipped during the 2002-03 
crop year (305,133 natural condition tons or 286,260 packed tons). 
(Oleates were included in this computation because, as previously 
stated, Oleates were combined with the NS varietal type beginning with 
the 2003-04 crop year.)
    In addition to the 10 plus 10 offers, Sec.  989.67(j) of the order 
provides authority for sales of reserve raisins to handlers under 
certain conditions such as a national emergency, crop failure, change 
in economic or marketing conditions, inadequate carryover, or if free 
tonnage shipments in the current crop year exceed shipments of a 
comparable period of the prior crop year. Such reserve raisins may be 
sold by handlers to any market. When implemented, the additional offers 
of reserve raisins make even more raisins available to primary markets, 
which is consistent with USDA's Guidelines.
    The Committee plans to offer 5,714 tons of 2002-03 NS reserve 
raisins for sale to handlers for free use pursuant to Sec.  989.67(j). 
Free tonnage deliveries as of June 19, 2004, were 207,638 tons, which 
is 3,855 tons below the 211,493-ton trade demand. Offering 3,855 tons 
of reserve raisins for sale to handlers for free use would allow the 
industry to make available the full 211,493-ton trade demand. Free 
tonnage shipments from August 2003 through May 2004 are 1,859 tons 
greater than free tonnage shipments during the same period last year. 
Adding the 1,859 tons to the 3,855 tons equates to a total of 5,714 
tons of reserve being offered to handlers for free use under Sec.  
989.67(j) of the order.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this action on small entities. Accordingly, AMS has 
prepared this final regulatory flexibility analysis.
    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. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 20 handlers of California raisins who are 
subject to regulation under the order and approximately 4,500 raisin 
producers in the regulated area. Small agricultural service firms are 
defined by the Small Business Administration (13 CFR 121.201) as those 
having annual receipts of less than $5,000,000, and small agricultural 
producers are defined as those having annual receipts of less than 
$750,000. Thirteen of the 20 handlers subject to regulation have annual 
sales estimated to be at least $5,000,000, and the remaining 7 handlers 
have sales less than $5,000,000. No more than 7 handlers, and a 
majority of producers, of California raisins may be classified as small 
entities.
    Since 1949, the California raisin industry has operated under a 
Federal marketing order. The order contains authority to, among other 
things, limit the portion of a given year's crop that can be marketed 
freely in any outlet by raisin handlers. This volume control mechanism 
is used to stabilize supplies and prices and strengthen market 
conditions.
    Pursuant to Sec.  989.54(d) of the order, this rule continues in 
effect final volume regulation percentages for 2003-04 crop NS raisins. 
The volume regulation percentages are 70 percent free and 30 percent 
reserve. Free tonnage raisins may be sold by handlers to any market. 
Reserve raisins must be held in a pool for the account of the Committee 
and are disposed of through certain programs authorized under the 
order.
    Volume regulation is warranted this season for NS raisins because 
acquisitions of 296,625 tons through the week ending June 19, 2004, 
combined with the carryin inventory of 129,345 tons, results in a total 
available supply of 425,970 tons, which is about 200 percent higher 
than the 211,493-ton trade demand. (Oleate inventory was included in 
this computation because, as previously stated, Oleates were combined 
with the NS varietal type beginning with the 2003-04 crop year.)
    The current volume regulation procedures have helped the industry 
address its marketing problems by keeping supplies in balance with 
domestic and export market needs, and strengthening market conditions. 
The current volume regulation procedures fully supply the domestic and 
export markets, provide for market expansion, and help reduce the 
burden of oversupplies in the domestic market.
    Raisin grapes are a perennial crop, so production in any year is 
dependent upon plantings made in earlier years. The sun-drying method 
of producing raisins involves considerable risk because of variable 
weather patterns.
    Even though the product and the industry are viewed as mature, the 
industry has experienced considerable change over the last several 
decades. Before the 1975-76 crop year, more than 50 percent of the 
raisins were packed and sold directly to consumers. Now, over 60 
percent of raisins are sold in bulk. This means that raisins are now 
sold to consumers mostly as an ingredient in another product such as 
cereal and baked goods. In addition, for a few years in the early 
1970's, over 50 percent of the raisin grapes were sold to the wine 
market for crushing. Since then, the percent of raisin-variety grapes 
sold to the wine industry has decreased.
    California's grapes are classified into three groups--table grapes, 
wine grapes, and raisin-variety grapes. Raisin-variety grapes are the 
most versatile of the three types. They can be marketed as fresh 
grapes, crushed for juice in the production of wine or juice 
concentrate, or dried into raisins. Annual fluctuations in the fresh 
grape, wine, and concentrate markets, as well as weather-related 
factors, cause fluctuations in raisin supply. This type of situation 
introduces a certain amount of variability into the raisin market. 
Although the size of the crop for raisin-variety grapes may be known, 
the amount dried for raisins depends on the demand for crushing. This 
makes the marketing of raisins a more difficult task. These supply 
fluctuations can result in producer price instability and disorderly 
market conditions.
    Volume regulation is helpful to the raisin industry because it 
lessens the impact of such fluctuations and contributes to orderly 
marketing. For example, producer prices for NS raisins remained fairly 
steady from the 1993-94 through the 1997-98 seasons, although 
production varied. As shown in the table below, during those years, 
production varied from a low of 272,063 tons in 1996-97 to a high of 
387,007 tons in 1993-94, or about 42 percent. According to Committee 
data, the total producer return per ton during those years, which 
includes proceeds from both free tonnage plus reserve pool raisins, has 
varied from a low of $904.60 in 1993-94 to a high of $1,049 in 1996-97, 
or 16 percent. Total producer prices for the 1998-99 and 1999-2000 
seasons increased significantly due to back-to-back short crops during 
those years. Producer prices dropped dramatically for the last three 
seasons due to record-

[[Page 50292]]

size production, large carry-in inventories, and stagnant demand.

                    Natural Seedless Producer Prices
------------------------------------------------------------------------
                                       Deliveries
            Crop year                   (natural        Producer prices
                                    condition tons)      (per ton)($)
------------------------------------------------------------------------
2002-03..........................            388,010       \1\394.85
2001-02..........................            377,328          650.94
2000-01..........................            432,616          603.36
1999-2000........................            299,910        1,211.25
1998-99..........................            240,469     \2\1,290.00
1997-98..........................            382,448          946.52
1996-97..........................            272,063        1,049.20
1995-96..........................            325,911        1,007.19
1994-95..........................            378,427          928.27
1993-94..........................            387,007          904.60
------------------------------------------------------------------------
\1\ Return-to-date, reserve pool still open.
\2\ No volume regulation.

    There are essentially two broad markets for raisins--domestic and 
export. In recent years, both export and domestic shipments have been 
decreasing. Domestic shipments decreased from a high of 204,805 packed 
tons during the 1990-91 crop year to a low of 156,325 packed tons in 
1999-2000. In addition, exports decreased from 114,576 packed tons in 
1991-92 to a low of 91,600 packed tons in the 1999-2000 crop year.
    In addition, the per capita consumption of raisins has declined 
from 2.07 pounds in 1988 to 1.48 pounds in 2002. This decrease is 
consistent with the decrease in the per capita consumption of dried 
fruits in general, which is due to the increasing availability of most 
types of fresh fruit throughout the year.
    While the overall demand for raisins has been decreasing (as 
reflected in the decline in commercial shipments), production has been 
increasing. Deliveries of NS dried raisins from producers to handlers 
reached an all-time high of 432,616 tons in the 2000-01 crop year. This 
large crop was preceded by two short crop years; deliveries were 
240,469 tons in 1998-99 and 299,910 tons in 1999-2000. Deliveries for 
the 2000-01 crop year soared to a record level because of increased 
bearing acreage and yields. Deliveries for the 2001-02 crop year were 
377,328 tons, and deliveries for the 2002-03 crop year were 388,010 
tons. Deliveries through the week ending June 19, 2004, of the current 
crop year were at 296,625 tons. Three crop years of high production and 
a large 2001-02 carryin inventory have contributed to the industry's 
burdensome supply of raisins.
    The order permits the industry to exercise supply control 
provisions, which allow for the establishment of free and reserve 
percentages, and establishment of a reserve pool. One of the primary 
purposes of establishing free and reserve percentages is to equilibrate 
supply and demand. If raisin markets are over-supplied with product, 
producer prices will decline.
    Raisins are generally marketed at relatively lower price levels in 
the more elastic export market than in the more inelastic domestic 
market. This results in a larger volume of raisins being marketed and 
enhances producer returns. In addition, this system allows the U.S. 
raisin industry to be more competitive in export markets.
    To assess the impact that volume control has on the prices 
producers receive for their product, an econometric model has been 
constructed. The model developed is for the purpose of estimating 
nominal prices under a number of scenarios using the volume control 
authority under the Federal marketing order. The price producers 
receive for the harvest and delivery of their crop is largely 
determined by the level of production and the volume of carryin 
inventories. The Federal marketing order permits the industry to 
exercise supply control provisions, which allow for the establishment 
of reserve and free percentages for primary markets, and a reserve 
pool. The establishment of reserve percentages impacts the production 
that is marketed in the primary markets.
    The reserve percentage limits what handlers can market as free 
tonnage. Assuming the 30 percent reserve limits the total free tonnage 
to 207,638 natural condition tons (.70 x 296,625 tons delivered through 
June 19, 2004) and carryin is 129,345 natural condition tons, and 
purchases from reserve total 66,740 natural condition tons (which 
includes reserve raisins released through both 10 plus 10 offers plus 
the offer under Sec.  989.67(j)), then the total free supply is 
estimated at 403,723 natural condition tons. The econometric model 
estimates prices to be $63 per ton higher than under an unregulated 
scenario. This price increase is beneficial to all producers regardless 
of size and enhances producers' total revenues in comparison to no 
volume control. Establishing a reserve allows the industry to help 
stabilize supplies in both domestic and export markets, while improving 
returns to producers.
    Free and reserve percentages are established by varietal type, and 
usually in years when the supply exceeds the trade demand by a large 
enough margin that the Committee believes volume regulation is 
necessary to maintain market stability. Accordingly, in assessing 
whether to apply volume regulation or, as an alternative, not to apply 
such regulation, it has been determined that volume regulation is 
warranted this season for only one of the nine raisin varietal types 
defined under the order.
    The free and reserve percentages established by this rule release 
the full trade demand and apply uniformly to all handlers in the 
industry, regardless of size. For NS raisins, with the exception of the 
1998-99 crop year, small and large raisin producers and handlers have 
been operating under volume regulation percentages every year since 
1983-84. There are no known additional costs incurred by small handlers 
that are not incurred by large handlers. While the level of benefits of 
this rulemaking are difficult to quantify, the stabilizing effects of 
volume regulation impact small and large handlers positively by helping 
them maintain and expand markets even though raisin supplies fluctuate 
widely from season to season. Likewise, price

[[Page 50293]]

stability positively impacts small and large producers by allowing them 
to better anticipate the revenues their raisins will generate.
    There are some reporting, recordkeeping and other compliance 
requirements under the order. The reporting and recordkeeping burdens 
are necessary for compliance purposes and for developing statistical 
data for maintenance of the program. The requirements are the same as 
those applied in past seasons. Thus, this action imposes no additional 
reporting or recordkeeping burdens on either small or large handlers. 
The forms require information which is readily available from handler 
records and which can be provided without data processing equipment or 
trained statistical staff. The information collection and recordkeeping 
requirements have been previously approved by the Office of Management 
and Budget (OMB) under OMB Control No. 0581-0178. As with other similar 
marketing order programs, reports and forms are periodically studied to 
reduce or eliminate duplicate information collection burdens by 
industry and public sector agencies. In addition, USDA has not 
identified any relevant Federal rules that duplicate, overlap, or 
conflict with this rule.
    Further, Committee and subcommittee meetings are widely publicized 
in advance and are held in a location central to the production area. 
The meetings are open to all industry members, including small business 
entities, and other interested persons who are encouraged to 
participate in the deliberations and voice their opinions on topics 
under discussion.
    An interim final rule concerning this action was published in the 
Federal Register on April 22, 2004 (69 FR 21695). Copies of the rule 
were mailed to all Committee members and alternates, the Raisin 
Bargaining Association, handlers, and dehydrators. In addition, the 
rule was made available through the Internet by the Office of the 
Federal Register and USDA. That rule provided for a 60-day comment 
period that ended on June 21, 2004. No comments were received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html. Any questions about the compliance 
guide should be sent to Jay Guerber at the previously mentioned address 
in the FOR FURTHER INFORMATION CONTACT section.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.

List of Subjects in 7 CFR Part 989

    Grapes, Marketing agreements, Raisins, Reporting and recordkeeping 
requirements.

PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA

    Accordingly, the interim final rule amending 7 CFR part 989 which 
was published at 69 FR 21695 on April 22, 2004, is adopted as a final 
rule without change.

    Dated: August 10, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-18613 Filed 8-13-04; 8:45 am]
BILLING CODE 3410-02-P