[Federal Register Volume 72, Number 9 (Tuesday, January 16, 2007)]
[Rules and Regulations]
[Page 1657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-427]



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  Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Rules 
and Regulations  

[[Page 1657]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[Docket No. AMS-FV-06-0218, FV-05-710]


Mushroom Promotion, Research, and Consumer Information Order; 
Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This document summarizes the results of an Agricultural 
Marketing Service (AMS) review of the Mushroom Promotion, Research and 
Consumer Information Program under the criteria contained in section 
610 of the Regulatory Flexibility Act. Based on this review, AMS has 
determined that the Mushroom Promotion, Research, and Consumer 
Information Order should be continued without change.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to Deborah S. Simmons, Research and Promotion 
Branch, Fruit and Vegetable Programs (FV), Agricultural Marketing 
Service (AMS), USDA, Stop 0244, Room 0634-S, 1400 Independence Avenue, 
SW., Washington, DC 20250-0244 or [email protected].

FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and 
Promotion Branch, FV, AMS, USDA, Stop 0244, 1400 Independence Avenue, 
SW., Room 0634-S, Washington, DC 20250-0244; telephone: (888) 720-9917 
fax: (202) 205-2800; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Mushroom Promotion, Research, and 
Consumer Information Act of 1990 (Act), (7 U.S.C. 6101 et seq.) 
authorized the Mushroom Promotion, Research, and Consumer Information 
Program (Program) which is industry-operated and funded, with oversight 
by USDA. The Program's objective is to carry out an effective, 
continuous, and coordinated program of promotion, research, consumer 
information, and industry information. It is designed to strengthen the 
mushroom industry's position in the marketplace, maintain and expand 
existing markets and uses for mushrooms, develop new markets and uses 
for mushrooms, and to carry out programs, plans, and projects designed 
to provide maximum benefits to the mushroom industry.
    The Program became effective on January 8, 1993, when the Mushroom 
Promotion, Research, and Consumer Information Order (7 CFR part 1209) 
(Order) was issued. Assessments began in 1993 at the rate of 0.0025 
cents per pound and have fluctuated from 0.0010 to 0.0045 cents per 
pound. The current rate is 0.0035 cents per pound.
    Assessments under this Program are used to fund retail category 
management, research concerning nutritional attributes of mushrooms, 
foodservice training, and industry information, and to enable the 
Mushroom Council (Council) to exercise its duties in accordance with 
the Order.
    The program is administered by the Council which is composed of 
producers and may include importers, all of whom are appointed by the 
Secretary of Agriculture from nominations submitted by eligible 
producers or importers. Producer membership on the Council is based 
upon mushroom production within each of the four predesignated 
geographic regions within the U.S. and a fifth region representing 
importers (when imports, on average, equal or exceed 35,000,000 pounds 
of mushrooms annually). All members serve terms of three years.
    AMS published its plan to review the Mushroom Promotion, Research, 
and Consumer Information Order, (conducted under the Act), under 
criteria contained in Section 610 of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601-612) in the Federal Register on February 18, 1999. 
The plan was updated in the Federal Register on August 14, 2003 (68 FR 
48574), and updated again on March 24, 2006 (71 FR 14827).
    A notice of review and request for written comments was published 
in the Federal Register on December 14, 2005 (70 FR 73945). One comment 
was received, opposing the program in general. However, as discussed 
herein, AMS has determined that the Order should be continued without 
change.
    The purpose of the review was to determine whether the Mushroom 
Promotion, Research, and Consumer Information Order should be continued 
without change, amended, or rescinded (consistent with the objectives 
of the Mushroom Promotion, Research, and Consumer Information Act of 
1990) to minimize the impacts on small entities. In conducting this 
review, AMS considered whether there was a continued need for the 
Order; the nature of complaints or comments received from the public 
concerning the Order; the complexity of the Order; the extent to which 
the Order overlaps, duplicates, or conflicts with other Federal rules, 
and, to the extent feasible, with State and local regulations; and the 
length of time since the Order has been evaluated or the degree to 
which technology, economic conditions, or other factors have changed in 
the area affected by the Order.
    Currently there are 125 producers and 19 importers covered under 
the Order. AMS provides Federal oversight of the Mushroom research and 
promotion program. The Order is not unduly complex, and AMS has not 
identified regulations that duplicate, overlap, or conflict with the 
Order. Over the years, the Order has been amended to change the number 
of members in each district and to add a fifth district for 
representation by importers. The AMS has not received complaints about 
the Order.
    Based upon the review, AMS has determined that the Order should be 
continued without change. AMS plans to continue working with the 
mushroom industry in maintaining an effective program.

    Dated: January 10, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-427 Filed 1-12-07; 8:45 am]
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