[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Notices]
[Page 15122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5750]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket  AMS-FV-08-0013; FV08-379]


Regulations Under the Perishable Agricultural Commodities Act, 
1930; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of review and request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the Agricultural Marketing Service 
(AMS) plans to review the Regulations (Other than Rules of Practice) 
under the Perishable Agricultural Commodities Act, 1930, as amended, 
under the criteria contained in section 610 of the Regulatory 
Flexibility Act (RFA).

DATES: Comments received by May 20, 2008 will be considered.

ADDRESSES: Interested persons are invited to submit comments concerning 
this notice of review--the economic impact of the PACA Regulations on a 
substantial number of small businesses. You may submit written or 
electronic comments to:
    (1) PACA 610 Review Comments, AMS, F&V Programs, PACA Branch, 1400 
Independence Avenue, SW., Room 2095-S, Stop 0242, Washington, DC 20250-
0242.
    (2) Fax: 202-690-4413.
    (3) E-mail comments to [email protected].
    (4) Internet: http://www.regulations.gov.
    Instructions: All comments will become a matter of public record 
and should be identified as PACA 610 Review Comments. Comments will be 
available for public inspection from AMS at the above address or on the 
AMS Web site at www.ams.usda.gov/fv. Web site questions can be 
addressed to the PACA webmaster, [email protected].

SUPPLEMENTARY INFORMATION: The Perishable Agricultural Commodities Act 
(PACA or Act) (7 U.S.C. 499a-499t) establishes a code of fair trade 
practices covering the marketing of fresh and frozen fruits and 
vegetables in interstate and foreign commerce. The PACA protects 
growers, shippers, distributors, and retailers dealing in those 
commodities by prohibiting unfair and fraudulent trade practices. In 
this way, the law fosters an efficient nationwide distribution system 
for fresh and frozen fruits and vegetables, benefiting the whole 
marketing chain from farmer to consumer. AMS administers and enforces 
the PACA.
    The law provides a forum for resolving contract disputes, and a 
mechanism for the collection of damages from any licensee (or one 
subject to license) who fails to meet contractual obligations. In 
addition, the PACA provides for prompt payment to fruit and vegetable 
sellers and for revocation of licenses and sanctions against firms or 
principals found to have violated the law's standards of fair business 
practices. The PACA also imposes a statutory trust that attaches to 
perishable agricultural commodities received by regulated entities, 
products derived from the commodities, and any receivables or proceeds 
from the sale of the commodities. The trust exists for the benefit of 
produce suppliers, sellers, or agents that have not been paid, and 
continues until they have been paid in full.
    The PACA is enforced and financed through a licensing system. All 
commission merchants, dealers, and brokers engaged in business subject 
to the PACA must be licensed. Those who engage in practices prohibited 
by the PACA may have their licenses suspended or revoked.
    There are approximately 14,500 firms that are licensed under the 
PACA to operate in the produce industry. PACA licensees are located 
nationwide and include dealers, brokers and commission merchants who 
buy, sell, and negotiate to buy or sell fresh and frozen fruits and 
vegetables in interstate and/or foreign commerce.
    AMS initially published in the Federal Register (68 FR 48574, 
August 14, 2003) its plan to review certain regulations, including 
regulations (7 CFR part 46) under the PACA, under criteria contained in 
section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612). 
An updated plan was published in the Federal Register on March 24, 2006 
(71 FR 14827). Because many of AMS' regulations impact small entities, 
AMS decided, as a matter of policy, to review certain regulations 
which, although they may not have a significant economic impact on a 
substantial number of small entities as required in section 610 of the 
RFA (5 U.S.C. 610), merit review.
    The purpose of the review is to determine whether the PACA 
Regulations (Other than Rules of Practice) should be continued without 
change, or should be amended or rescinded (consistent with the 
objectives of the Act) to minimize any significant economic impact of 
the regulations upon a substantial number of small businesses. AMS will 
consider the following factors: (1) The continued need for the PACA 
regulations; (2) the nature of the complaints or comments received from 
the public concerning the PACA regulations; (3) the complexity of the 
PACA regulations; (4) the extent to which the PACA regulations overlap, 
duplicate, or conflict with other Federal rules, and, to the extent 
feasible, with State and local governmental rules; and (5) the length 
of time since the PACA regulations have been evaluated or the degree to 
which technology, economic conditions, or other factors have changed in 
the area affected by the PACA regulations.

    Dated: March 17, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E8-5750 Filed 3-20-08; 8:45 am]
BILLING CODE 3410-02-P