[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Rules and Regulations]
[Pages 78150-78151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30311]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 966

[Docket No. AMS-FV-08-0009; FV08-966-610 Review]


Tomatoes Grown in Florida; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This action summarizes the results under the criteria 
contained in section 610 of the Regulatory Flexibility Act (RFA), of an 
Agricultural Marketing Service (AMS) review of Marketing Order No. 966, 
regulating the handling of tomatoes grown in Florida (order). AMS has 
determined that the order should be continued.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to the Docket Clerk, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax: 
(202) 720-8938; or E-mail: [email protected]. A copy of the 
review may also be obtained via the Internet at: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: William G. Pimental or Christian D. 
Nissen, Southeast Marketing Field Office, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Winter 
Haven, Florida 33884; Telephone: (863) 324-3375; Fax: (863) 325-8793; 
or E-mail: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Marketing Order No. 966, as amended (7 CFR 
part 966), regulates the handling of tomatoes grown in Florida, 
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.''
    The order establishes the Florida Tomato Committee (Committee) as 
the administrative body charged with overseeing program operations. 
Staff is hired to conduct the daily administration of the program. The 
Committee consists of 12 grower members representing four districts. 
Each member has an alternate. Members and alternate members are elected 
through nomination meetings held in each district.

[[Page 78151]]

    Currently, there are approximately 100 producers and approximately 
70 handlers of Florida tomatoes. The majority of growers and handlers 
may be classified as small entities. The regulations implemented under 
the order are applied uniformly and are designed to benefit all 
entities, regardless of size.
    AMS published in the Federal Register on February 18, 1999 (64 FR 
8014), a plan to review certain regulations, including Marketing Order 
No. 966, under criteria contained in section 610 of the RFA (5 U.S.C. 
601-612). Updated plans were published in the Federal Register on 
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again 
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of 
review and request for written comments on the order in the March 18, 
2008, issue of the Federal Register (73 FR 14400). The deadline for 
comments ended May 19, 2008. While no comments were received in 
response to the notice, AMS had also published a notice of review in 
the June 24, 2002, issue of the Federal Register (67 FR 42530), as part 
of a previous schedule, and one written comment in support of the order 
was received. The comment is referenced in the AMS analysis below.
    The review was undertaken to determine whether the order should be 
continued without being changed, amended, or rescinded to minimize the 
impacts on small entities. In conducting this review, AMS considered 
the following factors: (1) The continued need for the order; (2) the 
nature of complaints or comments received from the public concerning 
the order; (3) the complexity of the order; (4) the extent to which the 
order overlaps, duplicates, or conflicts with other Federal rules, and, 
to the extent feasible, with State and local governmental rules; and 
(5) 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.
    The order authorizes grade, size, quality, maturity, and pack and 
container regulations, as well as research and promotion, and reporting 
and inspection requirements. The order also authorizes the Committee to 
establish marketing research and development projects designed to 
assist, improve, or promote the marketing, distribution, and 
consumption of tomatoes. Finally, the order authorizes the collection 
and dissemination of information for the benefit of the industry. The 
grade, size, maturity, and inspection regulations are also applied to 
imported tomatoes under section 608e of the Act.
    The grade, size, and maturity requirements have helped maintain 
demand for Florida tomatoes over the years by ensuring only quality 
product reaches the consumer. The compilation and dissemination of 
aggregate statistical information collection from handlers is used by 
the industry to make informed production and marketing decisions. Funds 
to administer the order are obtained from handler assessments.
    Regarding complaints or comments received from the public 
concerning the order, USDA received no comments as a result of the 
notice of review published on March 18, 2008. However, one comment was 
received from the then chairperson of the Committee in response to a 
separate notice of review published in the Federal Register on June 24, 
2002 (67 FR 42530). In the comment, the commenter noted that the order 
has contributed significantly to the success of the Florida tomato 
industry. He attributes dramatically increased yields to research 
authorized under the order, while crediting the marketing aspects of 
the order with contributing to the increase in consumption of fresh 
tomatoes. He also states that the most important aspect of the order 
has been its stabilizing effect on fresh tomato markets. The commenter 
believes the order has been a success in meeting the terms of the Act, 
and expressed his strongest support for its continuation.
    Marketing order issues and programs are discussed at public 
meetings, and all interested persons are allowed to express their 
views. All comments are considered in the decision making process by 
the Committee and AMS before any program changes are implemented.
    In considering the order's complexity, AMS has determined that the 
order is not unduly complex.
    During the review, the order was also checked for duplication and 
overlap with other regulations. AMS did not identify any relevant 
Federal rules, or State and local regulations that duplicate, overlap, 
or conflict with the order.
    The order was established in 1955 and was last amended in July 
1986. During the 53 years the order has been effective, AMS and the 
Florida tomato industry have continuously monitored marketing 
operations. Changes in regulations have been implemented to reflect 
current industry operating practices, and to solve marketing problems 
as they occur. The goal of periodic evaluations is to ensure that the 
order and the regulations implemented under it fit the needs of the 
industry and are consistent with the Act.
    The Committee meets several times a year to discuss the order and 
the various regulations issued thereunder, and to determine if, or 
what, changes may be necessary to reflect current industry practices. 
As a result, regulatory changes have been made numerous times over the 
years to address industry operation changes and to improve program 
administration.
    Based on the potential benefits of the order to producers, 
handlers, and consumers, AMS has determined that the Florida tomato 
marketing order should be continued. The order was established to help 
the industry work with USDA to solve marketing problems. The order's 
regulations on grade, size, quality, maturity, and pack, as well as 
research and promotion, and reporting requirements continue to be 
beneficial to producers, handlers, and consumers. AMS will continue to 
work with the Florida tomatoes industry in maintaining an effective 
marketing order program.

    Dated: December 16, 2008.
James E. Link,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-30311 Filed 12-19-08; 8:45 am]
BILLING CODE 3410-02-P