§931.231 7 cfr ch. ix (1–1–98 edition) · pdf filewest fresh bartlett...

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7 CFR Ch. IX (1–1–98 Edition)§ 931.231

(5) The name and address of suchhandler.

(b) Each handler shall transmit tothe Committee each Friday during theshipping season the ‘‘Weekly North-west Bartlett Packout Report’’ con-taining the following information foreach variety:

(1) The projected total packout;(2) The packout to date;(3) The volume sold export (shipped/

not shipped), sold domestic (shipped/not shipped) and shipped auction;

(4) The packout to date in controlledatmosphere (C.A.) storage and the vol-ume in C.A. storage which is sold; and

(5) The name and address of suchhandler.

(c) Each handler shall furnish to theCommittee, upon request, the ‘‘PearSize and Grade Storage Report’’ con-taining the quantity of specific gradesand sizes of pears in regular and C.A.storage by variety.

ASSESSMENT RATE

§ 931.231 Assessment rate.On and after July 1, 1997, an assess-

ment rate of $0.03 per western standardpear box is established for the North-west Fresh Bartlett Marketing Com-mittee.

[61 FR 42530, Aug. 16, 1996, as amended at 62FR 44886, Aug. 25, 1997]

PART 932—OLIVES GROWN INCALIFORNIA

Subpart—Order Regulating Handling

DEFINITIONS

Sec.932.1 Secretary.932.2 Act.932.3 Person.932.4 Area.932.5 Olives.932.6 Variety group 1.932.7 Variety group 2.932.8 Natural condition olives.932.9 Packaged olives.932.10 Lot.932.11 Grade.932.12 Size.932.13 Size-grade.932.14 Process.932.15 Handler.932.16 Handle.932.17 Producer.932.18 Committee.

932.19 Crop year and fiscal year.932.20 Part and subpart.932.21 District.932.22 Sublot.932.23 Undersize olives and limited use size

olives.932.23a Limited use.932.24 Noncanning use.

OLIVE ADMINISTRATIVE COMMITTEE

932.25 Establishment and membership.932.26 Term of office.932.27 Selection.932.28 Eligibility.932.29 Nominations.932.30 Alternates.932.31 Failure to nominate.932.32 Acceptance.932.33 Vacancies.932.34 Powers.932.35 Duties.932.36 Procedure.932.37 Compensation and expenses.

EXPENSES AND ASSESSMENTS

932.38 Expenses.932.39 Assessments.932.40 Accounting.

RESEARCH AND DEVELOPMENT

932.45 Production research, and marketingresearch and development projects.

REGULATIONS

932.50 Report of marketing policy.932.51 Incoming regulations.932.52 Outgoing regulations.932.53 Inspection and certification.932.54 Transfers.932.55 Exemption.

REPORTS AND RECORDS

932.60 Reports of acquisitions, sales, uses,shipments and creditable brand advertis-ing.

932.61 Records.932.62 Verification of reports.932.63 Confidential information.

MISCELLANEOUS PROVISIONS

932.65 Compliance.932.66 Right of the Secretary.932.67 Effective time.932.68 Termination.932.69 Proceedings after termination.932.70 Effect of termination or amendment.932.71 Duration of immunities.932.72 Agents.932.73 Derogation.932.74 Personal liability.932.75 Separability.

Subpart—Rules and Regulations

932.108 Noncanning olives.

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Agricultural Marketing Service, USDA § 932.11

932.109 Canned ripe olives of the tree-rip-ened type.

932.121 Producer districts.932.125 Producer representation on the com-

mittee.932.129 Nomination procedures for producer

members.932.130 Public member and alternate public

member eligibility requirements andnomination procedures.

932.139 Late payment and interest charges.932.149 Modified minimum quality require-

ments for specified styles of canned ol-ives of the ripe type.

932.150 Modified minimum quality require-ments for canned green ripe olives.

932.151 Incoming regulations.932.152 Outgoing regulations.932.153 Establishment of minimum quality

and size requirements for processed ol-ives for limited uses.

932.154 Handler transfer.932.155 Special purpose shipments.932.159 Reallocation of handler membership.932.160 Modification of provisions relative

to handler nominees.932.161 Reports.

Subpart—Assessment Rates

932.230 Assessment rate.

AUTHORITY: 7 U.S.C. 601–674.

SOURCE: 30 FR 12629, Oct. 2, 1965, unlessotherwise noted.

Subpart—Order RegulatingHandling

DEFINITIONS

§ 932.1 Secretary.Secretary means the Secretary of Ag-

riculture of the United States, or anyofficer or employee of the U.S. Depart-ment of Agriculture who is or who mayhereafter be authorized to exercise thepowers or to perform the duties of theSecretary of Agriculture.

§ 932.2 Act.Act means Public Act No. 10, 73d Con-

gress (May 12, 1933) as amended and asreenacted and amended by the Agricul-tural Marketing Agreement Act of 1937,as amended (48 Stat. 31, as amended; 7U.S.C. 601–674).

§ 932.3 Person.Person includes an individual, part-

nership, corporation, association, orany other business unit.

§ 932.4 Area.

Area means the State of California.

§ 932.5 Olives.

Olives means the fruit of any varietyof the species olea europaea, whetheror not processed, grown within thearea.

§ 932.6 Variety group 1.

Variety group 1 means the followingvarieties and any mutations, sports, orother derivations of such varieties:Aghizi Shami, Amellau, Ascolano,Ascolano dura, Azapa, Balady, Barouni,Carydolia, Cucco, Gigante di Cerignola,Gordale, Grosane, Jahlut, Polymorpha,Prunara, Ropades, Sevillano, SaintAgostino, Tafahi, and Touffahi.

§ 932.7 Variety group 2.

Variety group 2 means the followingvarieties and any mutations, sports, orother derivations of such varieties:Manzanillo, Mission, Nevadillo, Obliza,Redding Picholine.

§ 932.8 Natural condition olives.

Natural condition olives means olivesin their fresh harvested state, whetheror not placed in a water or other pre-serving medium.

[33 FR 11266, Aug. 8, 1968]

§ 932.9 Packaged olives.

Packaged olives means (a) processedolives in hermetically sealed contain-ers and heat sterilized under pressure,otherwise known as canned ripe olivesand including the three distinct types,ripe, green ripe, and tree-ripened; or (b)olives, packed in brine, and which havebeen fermented and cured, otherwiseknown as green olives.

§ 932.10 Lot.

Lot means the total net weight ofnatural condition olives of any one va-riety delivered to a handler at any onetime.

§ 932.11 Grade.

Grade means the classification of ol-ives as to quality according to thegrading specifications established pur-suant to the provisions of this part.

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7 CFR Ch. IX (1–1–98 Edition)§ 932.12

§ 932.12 Size.

Size means the number of whole ol-ives contained in a pound and may bereferred to in terms of size ranges.

§ 932.13 Size-grade.

Size-grade means to classify olives, orto cause olives to be classified, by sam-ple or otherwise, into separate size des-ignations.

§ 932.14 Process.

Process means to change olives in anyway from their natural condition byany commercial process.

§ 932.15 Handler.

Handler means any person who han-dles olives.

§ 932.16 Handle.

Handle means to: (a) Size-grade ol-ives, (b) process olives, or (c) use proc-essed olives in the production of pack-aged olives, within the productionarea, or (d) ship packaged olives fromthe area to any point outside thereof orwithin the area: Provided, This termshall not include natural condition ol-ives acquired and (1) used for olive oil,salt cured oil coated olives (also var-iously referred to as ‘‘Greek Olives,’’‘‘Greek Style Olives,’’ or ‘‘Oil Cured Ol-ives’’), or Silician Style Olives, or (2)shipped to fresh market outlets.

[36 FR 20356, Oct. 21, 1971]

§ 932.17 Producer.

Producer means any person engagedin a proprietary capacity in the pro-duction of olives for market as pack-aged olives.

§ 932.18 Committee.

Committee means the California OliveCommittee established pursuant to§ 932.25.

[47 FR 32906, July 30, 1982]

§ 932.19 Crop year and fiscal year.

(a) Crop year means the 12-month pe-riod beginning on August 1 of each yearand ending on July 31 of the followingyear or such other period that may berecommended by the committee andapproved by the Secretary.

(b) Fiscal year means the 12-monthperiod beginning on January 1 and end-ing on December 31 of each year orsuch other period that may be rec-ommended by the committee and ap-proved by the Secretary.

[47 FR 32906, July 30, 1982]

§ 932.20 Part and subpart.Part means the Order Regulating the

Handling of Olives Grown in Californiaand all rules and regulations, and sup-plementary orders issued thereunder.The aforesaid Order Regulating theHandling of Olives Grown in Californiashall be a subpart of such part.

§ 932.21 District.District means any of the following

geographical areas of the State of Cali-fornia:

(a) District 1 shall include the coun-ties of Glenn, Tehama, and Shasta.

(b) District 2 shall include the coun-ties of Mono, Mariposa, Merced, SanBenito, Monterey, Madera, Fresno,Tulare, and all counties to the souththereof.

(c) District 3 shall include all countiesnot included in Districts 1 and 2.

§ 932.22 Sublot.Sublot means a quantity of olives re-

sulting from the separation by the han-dler of a lot into two or more parts.

[36 FR 20356, Oct. 21, 1971]

§ 932.23 Undersize olives and limiteduse size olives.

Undersize olives means olives of a sizewhich, pursuant to § 932.51(a)(3), shallbe disposed of in noncanning use; andlimited use size olives means processedolives of any size which, pursuant to§ 932.52(a)(3), is authorized for limiteduse.

[36 FR 20356, Oct. 21, 1971, as amended at 47FR 32906, July 30, 1982]

§ 932.23a Limited use.Limited use means the use of proc-

essed olives in the production of pack-aged olives of the halved, segmented(wedged), sliced, or chopped styles, asdefined in the U.S. Standards forGrades of Canned Ripe Olives (7 CFRpart 52) or subsequent amendmentsthereto, including modifications of the


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requirements for such styles pursuantto this part, and such additional styles(and the requirements applicable there-to) as may be specified pursuant to§ 932.52(a)(7).

[47 FR 32906, July 30, 1982]

§ 932.24 Noncanning use.Noncanning use means the use of ol-

ives other than in the production ofcanned ripe olives, and is the author-ized outlet for undersize olives and thelimited use size olives which, pursuantto § 932.52(b), are not permitted for lim-ited use in any crop year in which lim-ited use is restricted to less than theavailable quantity of limited use sizeolives.

[36 FR 20356, Oct. 21, 1971]

OLIVE ADMINISTRATIVE COMMITTEE

§ 932.25 Establishment and member-ship.

A California Olive Committee con-sisting of 16 members, is hereby estab-lished to administer the terms and pro-visions of this part. Each member shallhave an alternate who meets the samequalifications as the member. Eight ofthe members and their alternates shallbe producers or officers or employees ofproducers, and eight of the membersand their alternates shall be handlersor directors, officers, or employees ofhandlers. The eight members of thecommittee who are producers or offi-cers or employees of producers are re-ferred to in this subpart as ‘‘producermembers’’ of the committee; and theeight members of the committee whoare handlers or directors, officers, oremployees of handlers are referred toin this subpart as ‘‘handler members’’of the committee. The committee maybe increased by one public member whoshall not be a producer or handler of ol-ives nor an officer or employee or di-rector of any producer or handler of ol-ives. District representation of the pro-ducer members shall be two from Dis-trict 1, four from District 2, and twofrom District 3. Allocation of the han-dler members shall be four members torepresent cooperative marketing orga-nizations, herein referred to as ‘‘coop-erative handlers’’, and four members torepresent handlers who are not cooper-

ative marketing organizations, hereinreferred to as ‘‘independent handlers’’:Provided, That whenever during thecrop year in which nominations aremade and in the preceding crop year,the cooperative handlers or the inde-pendent handlers handled as first han-dler 65 percent or more of the totalquantity of olives so handled by allhandlers, allocation shall be five mem-bers to represent the group which sohandled 65 percent or more of such ol-ives and three members to representthe group which handled 35 percent orless. The public member and alternatepublic member shall be selected fromany place within the area. The commit-tee may, with the approval of the Sec-retary, provide such other allocation ofproducer or handler membership, orboth, as may be necessary to assure eq-uitable representation.

[47 FR 32907, July 30, 1982]

§ 932.26 Term of office.The term of office of members and al-

ternate members of the committeeshall be 2 years beginning on June 1and ending on May 31 of odd numberedyears: Provided, That the term of officeof initial members and alternate mem-bers shall begin on the effective date ofthis subpart. Each such member and al-ternate member shall serve during thatportion of the term of office for whichhe is selected and has qualified andshall continue to serve until his succes-sor is selected and has qualified.

§ 932.27 Selection.Selection of members of the commit-

tee, and their respective alternates,shall be made in the appropriate num-bers specified in § 932.25 by the Sec-retary from nominees nominated pur-suant to this part or, in the discretionof the Secretary, from other persons el-igible for nominations for such posi-tions.

§ 932.28 Eligibility.Each producer member of the com-

mittee shall, at the time of selectionand during the member’s term of office,be a producer in the district for whichselected, and except for producers whoare members of cooperative handlersshall not be engaged in the handling of


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7 CFR Ch. IX (1–1–98 Edition)§ 932.29

olives either in a proprietary capacity,or as a director, officer, or employee.Each handler member of the commit-tee shall, at the time of selection andduring the member’s term of office, bea handler in the group that the mem-ber represents or a director, officer, oremployee of such handler. The publicmember and alternate public memberof the committee shall not at the timeof selection and during the term of of-fice be engaged in or have a financialinterest in the commercial production,marketing, buying, grading, or process-ing of olives, nor shall such member oralternate be an officer, director, mem-ber, or employee of any firm engaged insuch activities.

[47 FR 32907, July 30, 1982]

§ 932.29 Nominations.(a) Producer members. (1) Nominations

for producer members of the commit-tee, and their respective alternates,may be conducted according to the fol-lowing procedures, or other proceduresrecommended by the committee andapproved by the Secretary:

(i) Meetings shall be held in each pro-ducer district for the purpose of select-ing candidates for the member and al-ternate member nominations;

(ii) Those candidates selected at theproducer meetings shall be nominatedby mail balloting of producers in thatdistrict;

(iii) The committee shall adopt, withapproval of the Secretary, appropriateprocedures to be observed for conduct-ing producer nominations by mail: Pro-vided, That the names of nomineesshall be submitted to the Secretaryprior to April 16 of the year in whichnominations are made.

(2) Only producers, including duly au-thorized officers or employees of pro-ducers, shall participate in the nomina-tion of producer members and alter-nate members. Each producer shall beentitled to cast only one vote for eachnominee to be selected in the districtin which the producer produces olives.No producer shall participate in the se-lection of nominees in more than onedistrict. If a producer produces olivesin more than one district, such pro-ducer shall select the district in whichsuch producer will so participate andnotify the committee of such choice.

(b) Handler members. (1) At a meetingor meetings called by the committee,the cooperative handlers shall nomi-nate a qualified person for each mem-ber position and a qualified person foreach alternate member position allo-cated to cooperative handlers as pro-vided in § 932.25.

(2) At a meeting or meetings calledby the committee, the independenthandlers shall nominate a qualifiedperson for each member position and aqualified person for each alternatemember position allocated to independ-ent handlers as provided in § 932.25.

(3) Each handler shall be entitled tocast only one vote for each nominee forcooperative handler member or alter-nate member or independent handlermember or alternate member, as thecase may be, which vote shall beweighed by the tonnages of olives han-dled by such handler during the cropyear in which nominations are madeand in the previous crop year.

(c) Public member. Nominations forthe public member and alternate publicmember of the committee shall be sub-mitted to the Secretary prior to April16 of the year in which nominations aremade. The committee shall prescribeprocedures for the selection and votingfor each candidate.

[33 FR 11266, Aug. 8, 1968, as amended at 47FR 32907, July 30, 1982]

§ 932.30 Alternates.

An alternate for a member of thecommittee shall act in the place andstead of such member (a) during suchmember’s absence, and (b) in the eventof such member’s removal, resignation,disqualification or death, until a suc-cessor for such member’s unexpiredterm has been selected and has quali-fied. Except as otherwise specificallyprovided in this subpart, the provisionsof this part applicable to members alsoapply to alternate members. The com-mittee or the chariman of the commit-tee may request one or more alternatesto attend any or all meetings notwith-standing the expected or actual attend-ance of the respective member or mem-bers.

[47 FR 32907, July 30, 1982]


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§ 932.31 Failure to nominate.

If nominations for any position onthe committee are not received by theSecretary by May 1 of the year inwhich nominations are to be made, theSecretary may select an eligible indi-vidual without regard to nomination.

§ 932.32 Acceptance.

Any person selected by the Secretaryas a member or as an alternate memberof the committee shall qualify by filinga written acceptance with the Sec-retary promptly after being notified ofsuch selection.

§ 932.33 Vacancies.

To fill any vacancy occasioned by thefailure of any person selected as amember, or as an alternate member ofthe committee to qualify, or in theevent of the removal, resignation, dis-qualification, or death of any memberor alternate member, a successor forsuch person’s unexpired term shall benominated and selected in the mannerset forth in § 932.29 insofar as such pro-visions are applicable. If nomination tofill any such vacancy is not made with-in 60 calendar days after such vacancyoccurs, the Secretary may fill such va-cancy without regard to nominations,but on the basis of the applicable rep-resentations and qualifications setforth in §§ 932.25, 932.27, and 932.28.

§ 932.34 Powers.

The committee shall have the follow-ing powers:

(a) To administer this subpart in ac-cordance with its terms and provisions;

(b) To make rules and regulations toeffectuate the terms and provisions ofthis subpart;

(c) To receive, investigate, and reportto the Secretary complaints of viola-tions of the provisions of this subpart;and

(d) To recommend to the Secretaryamendments to this subpart.

§ 932.35 Duties.

The committee shall have, amongothers, the following duties:

(a) To act as intermediary betweenthe Secretary and any producer or han-dler;

(b) To keep minutes, books, andother records, which shall clearly re-flect all of its acts and transactions,and such minutes, books, and otherrecords shall be subject to examinationby the Secretary at any time;

(c) To make, subject to approval bythe Secretary, scientific and otherstudies, and assemble data on the pro-ducing, handling, shipping, and mar-keting conditions relative to olives,which are necessary in connection withthe performance of its official duties;

(d) To submit to the Secretary suchavailable information with respect toolives as he may request or as the com-mittee may deem desirable and perti-nent;

(e) To select, from among its mem-bers, a chairman and other officers,and to adopt such rules and regulationsfor the conduct of its business as itmay deem advisable;

(f) To appoint or employ such otherpersons as it may deem necessary, andto determine the salaries and definethe duties of each such person;

(g) To submit to the Secretary, priorto the beginning of each fiscal year andnot later than December 15, a budget ofthe anticipated expenses of the com-mittee and the proposed assessmentrate for such fiscal year, together witha report thereon.

(h) To cause the books of the com-mittee to be audited by one or morecertified public accountants at leastonce each fiscal year, and at such othertimes as the committee may deem nec-essary or as the Secretary may re-quest. The report of each such auditshall show, among other things, the re-ceipts and expenditures of funds, and atleast two copies of each such audit re-port shall be submitted to the Sec-retary.

(i) To prepare monthly statements ofits financial operations and make suchstatements, together with the minutesof its meetings, available at the officeof the committee for inspection by anyproducer or handler, and to submit cop-ies of such statements and minutes tothe Secretary;

(j) To give reasonable advance noticeof each meeting by mail addressed toeach member, and such notice shall begiven as widespread publicity as prac-ticable. The same notice of meetings


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7 CFR Ch. IX (1–1–98 Edition)§ 932.36

given to members shall be given to theSecretary;

(k) With the approval of the Sec-retary, to redefine the districts intowhich the area has been divided in§ 932.21 and to reapportion the member-ship in accordance therewith: Provided,That any such changes reflect insofaras practicable shifts in olive acreagewithin the districts and area, the num-bers of growers in the districts, thetonnage produced, and are equitable asto producers; and

(l) To investigate compliance withthe provisions of this part.

[30 FR 12629, Oct. 2, 1965, as amended at 33 FR11266, Aug. 8, 1968; 47 FR 32907, July 30, 1982]

§ 932.36 Procedure.Decisions of the committee shall be

by majority vote of the memberspresent and voting, and a quorum mustbe present: Provided, That decisions re-quiring a recommendation to the Sec-retary on matters pertaining to gradeand size regulations shall require atleast 10 affirmative votes, at least 5 ofwhich must be from producer membersand at least 5 of which must be fromhandler members and, if the committeeis increased by the addition of a publicmember, at least 11 affirmative votesshall be required, at least 5 of whichmust be from producer members and atleast 5 of which must be from handlermembers. A quorum shall consist of atleast 10 members of whom at least 5shall be producer members and at least5 shall be handler members and, if thecommittee is increased by the additionof a public member, a quorum shallconsist of at least 11 members of whichat least 5 shall be producer membersand at least 5 shall be handler mem-bers. Except in case of an emergency, aminimum of 5 days advance noticeshall be given with respect to anymeeting of the committee. In case ofan emergency, to be determined withinthe discretion of the chairman of thecommittee, as much advance notice ofa meeting as is practicable in the cir-cumstances shall be given. The com-mittee may vote by mail or telegramupon due notice to all members, butany proposition to be so voted uponfirst shall be explained accurately,fully, and identically by mail or tele-gram to all members. When voted on

by such method, at least 14 affirmativevotes, of which seven shall be producermember votes and seven shall be han-dler member votes, shall be requiredfor adoption and, if the committee isincreased by the addition of a publicmember, votes by mail or telegramshall require at least 15 affirmativevotes, of which at least 7 shall be pro-ducer member votes and at least 7 shallbe handler member votes. The commit-tee may recommend for the Secretary’sapproval changes in the number of af-firmative votes required for adoptionof any proposition voted upon bymeans of a mail or telegram ballot:Provided, That the number of affirma-tive votes required for adoption shallnot be less than ten, and in any case anequal number of producer member andhandler member votes shall be requiredfor adoption and, if the committee isincreased by the addition of a publicmember, the number of affirmativevotes required for adoption shall be in-creased by one.

[47 FR 32908, July 30, 1982]

§ 932.37 Compensation and expenses.

The members of the committee andalternates when acting as members orat the request of the committee or itschairman shall serve without com-pensation, but shall be reimbursed fornecessary expenses, as approved by thecommittee, incurred by them in theperformance of their duties under thispart.

[47 FR 32908, July 30, 1982]

EXPENSES AND ASSESSMENTS

§ 932.38 Expenses.

The committee is authorized to incursuch expenses as the Secretary findsare reasonable and likely to be in-curred by the committee for its main-tenance and functioning and to enableit to exercise its powers and performits duties in accordance with the provi-sions of this part. The funds to coversuch expenses shall be acquired in themanner prescribed in § 932.39.

§ 932.39 Assessments.

(a) As each handler’s pro rata shareof the expenses which the Secretary


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finds are reasonable and likely to be in-curred by the committee during a fis-cal year, each handler who first han-dles olives during the current crop yearshall pay to the committee, upon de-mand, assessments less any amountswhich may be credited pursuant to§ 932.45, on all olives to be used in theproduction of packaged olives, includ-ing olives to be used in canned ripe ol-ives of the ‘‘tree-ripened’’ type or greenolives when such are regulated as pack-aged olives pursuant to § 932.52. Thepayment of assessments for mainte-nance and functioning of the commit-tee may be required under this partthroughout the period it is in effect ir-respective of whether particular provi-sions thereof are suspended or becomeinoperative.

(b) The Secretary shall fix the rate ofassessment to be paid by each suchhandler during a fiscal year in anamount designed to secure sufficientfunds to cover the expenses which maybe incurred during such period. At anytime during or after the fiscal year, theSecretary may increase the rate of as-sessment in order to secure sufficientfunds to cover any later finding by theSecretary relative to the expenseswhich may be incurred. Such increaseshall be applied to all olives handledduring the applicable crop year. Inorder to provide funds for the adminis-tration of the provisions of this partduring the first part of a fiscal year be-fore sufficient operation income isavailable from assessments, the com-mittee may accept the payment of as-sessments in advance, and may alsoborrow money for such purpose.

(c) Any assessment not paid by ahandler within a period of time pre-scribed by the committee may be sub-ject to an interest or late paymentcharge, or both. The period of time,rate of interest and late paymentcharge shall be as recommended by thecommittee and approved by the Sec-retary. Subsequent to such approval,all assessments not paid within thepresecribed period of time shall be sub-ject to an interest or late paymentcharge or both.

[47 FR 32908, July 30, 1982, as amended at 47FR 51093, Nov. 12, 1982]

§ 932.40 Accounting.

(a) If, at the end of a fiscal year, theassessments collected are in excess ofexpenses incurred, such excess shall beaccounted for in accordance with oneof the following:

(1) If such excess is not retained in areserve as provided in paragraph (a)(2)of this section, the committee shall re-fund or credit to handler accounts theaforesaid excess. Each handler’s shareof such excess funds shall be theamount of assessments such handlerhas paid in excess of such handler’s prorata share of the actual net expenses ofthe committee for such fiscal year. Ex-cess funds may be used temporarily bythe committee to defray expenses ofthe subsequent fiscal year: Provided,That each handler’s share of such ex-cess shall be made available to thehandler by the committee within fivemonths after the end of the fiscal year.

(2) The committee, with the approvalof the Secretary, may carry over suchexcess into subsequent fiscal years as areserve: Provided, That funds already inthe reserve do not exceed approxi-mately one fiscal year’s expenses. Suchreserve funds may be used for any ex-penses authorized pursuant to § 932.38and for necessary expenses of liquida-tion in the event of termination of thispart. Upon such termination, any fundsnot required to defray the necessaryexpenses of liquidation shall be dis-posed of in such manner as the Sec-retary may determine to be appro-priate: Provided, That to the extentpracticable, such funds shall be re-turned pro rata to the persons fromwhom such funds were collected.

(b) All funds received by the commit-tee pursuant to the provisions of thispart shall be used solely for the pur-pose specified in this part and shall beaccounted for in the manner providedin this part. The Secretary may at anytime require the committee and itsmembers to account for all receiptsand disbursements.

(c) Upon the removal or expiration ofthe term of office of any member of thecommittee, such member shall accountfor all receipts and disbursements anddeliver all property and funds in hispossession to the committee, and shall


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7 CFR Ch. IX (1–1–98 Edition)§ 932.45

execute such assignments and other in-struments as may be necessary or ap-propriate to vest in the committee fulltitle to all of the property, funds, andclaims vested in such member pursuantto this part.

[30 FR 12629, Oct. 2, 1965, as amended at 47 FR32908, July 30, 1982]

RESEARCH AND DEVELOPMENT

§ 932.45 Production research and mar-keting research and developmentprojects.

(a) The following activities of thecommittee are authorized under thissection.

(1) The committee may, with the ap-proval of the Secretary, establish orprovide for the establishment of pro-duction research, and marketing re-search and development projects de-signed to assist, improve or promotethe marketing, distribution, and con-sumption or efficient production ofCalifornia olives. Such projects mayprovide for any marketing research anddevelopment projects designed to as-sist, improve, or promote the market-ing, distribution, and consumption orefficient production of California ol-ives. Such projects may provide for anyform of marketing promotion includingpaid advertising. The expenses of suchresearch and projects shall be paidfrom funds collected pursuant to§ 932.39 or from voluntary contribu-tions. Voluntary contributions may beaccepted by the committee only to paythe expenses of such projects: Provided,That the committee shall retain com-plete control over the use of such con-tributions which shall be free from anyencumbrances.

(2) The committee, with the approvalof the Secretary, may provide for cred-iting a portion of a handler’s direct ex-penditures for paid brand advertisingfor olives. Such expenditures may in-clude, but are not limited to, moneyspent for advertising space in maga-zines, newspapers, outdoor media andtransit or time charges for radio andtelevision. No handler shall receivecredit in excess of such handler’s prorata share of the total monies allottedby the committee for brand advertisingcredit. Each advertisement must bepublished, broadcast or displayed dur-

ing the fiscal year for which credit isrequested. Before any creditable brandadvertising may be undertaken pursu-ant to this paragraph (a)(2) of this sec-tion, the Secretary, upon recommenda-tion by the committee, shall prescribeappropriate rules and regulations asare necessary to effectively regulatesuch activity.

(b) In recommending marketing re-search and development projects pursu-ant to this section, the committeeshall give consideration to the follow-ing factors:

(1) The expected supply of olives inrelation to market requirements;

(2) The supply situation among com-peting areas and commodities; and

(3) The need for marketing researchwith respect to any marketing develop-ment activity and the need for a co-ordinated effort with USDA’s PlentifulFood Program.

(c) In recommending production re-search projects pursuant to this sec-tion, the committee shall give consid-eration to the extent and need for as-sistance to, and improvement of Cali-fornia olive production.

(d) If the committee should concludethat a program of production research,marketing research, or developmentshould be undertaken or continued pur-suant to this section in any fiscal year,it shall submit the following for the ap-proval of the Secretary:

(1) Its recommendations as to fundsto be obtained pursuant to § 932.39 orvoluntary contributions;

(2) Its recommendations as to anyproduction research or marketing re-search project; and

(3) Its recommendation as to pro-motion activity and paid advertising.

(e) The committee shall, as soon aspracticable, prepare and mail reportson current production research andmarketing research and developmentprojects to the Secretary and make acopy of such reports available at thecommittee office for examination byproducers, handlers, or other interestedparties.

[36 FR 20356, Oct. 21, 1971, as amended at 47FR 32908, July 30, 1982; 47 FR 51093, Nov. 12,1982]


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REGULATIONS

§ 932.50 Report of marketing policy.At least 14 days prior to the start of

each crop year (except that this periodmay be shortened by the committeenot more than 5 days if warranted), thecommittee shall hold a meeting for thepurpose of formulating a marketingpolicy for the coming crop year: Pro-vided, That with respect to the 1982–83crop year the committee shall hold ameeting for such purpose as soon aspracticable. The committee shall pre-pare and submit to the Secretarypromptly after each such meeting, a re-port setting forth its recommendedmarketing policy for the ensuing cropyear. In the event it becomes advisableto modify such policy, because ofchanged supply, demand, or other con-ditions, the committee shall formulatea new policy and shall submit a reportthereon to the Secretary. In developingthe marketing policy, the committeeshall give consideration to the handlercarryover, production, probable qualityand composition of olive sizes in thecrop, trade demand, probable imports,whether producer prices are likely toexceed parity, the probable assessabletonnage and such other factors as mayhave a bearing on the marketing of ol-ives or the administration of this part.Notice of the committee’s marketingpolicy, and of any modifications there-of, shall be given promptly by reason-able publicity to producers and han-dlers.


§ 932.51 Incoming regulations.(a) Minimum standards for natural con-

dition olives. (1) Except as otherwiseprovided in this section, no handlershall process any lot of natural condi-tion olives for use in the production ofpackaged olives which has not firstbeen:

(i) Weighed on scales sealed by theState of California Department ofWeights and Measures, an official cer-tified weight certificate issued thereon,and a copy of such certificate furnishedto the Federal or Federal-State Inspec-tion Service and the committee; and

(ii) Size-graded, either by sample orby lot, under the supervision of any

such inspection service and classifiedinto separate size designations and acertification issued with respect there-to by such inspection service. Such sizedesignations shall be in accordancewith those set forth in the U.S. Stand-ards for Grades of Canned Ripe Olives(7 CFR part 52) or subsequent amend-ments thereto, or such sizes as may berecommended by the committee andestablished by the Secretary: Provided,That, for the purpose of this part, thesize designations in said standardsshall be deemed to include the follow-ing additional size designations.

Designation(s)

Ap-proxi-matecount(per

pound)

Average countrange (per pound)

Subpetite ............................... ............ 181 and up.Petite ..................................... 160 141–180, inclusive.Extra Large Sevillano ‘‘L’’ ..... 82 76–88, inclusive.Extra Large Sevillano ‘‘C’’ .... 70 65–75, inclusive.

Provided further, That the additionalsize designations may be renamed and/or modified as recommended by thecommittee and approved by the Sec-retary. Such certification shall show,in addition to the quantities by weightof the olives in the lot that are classi-fied as being in each size or size des-ignation the quantity of olives classi-fied as culls by the handler: Provided,That when the Secretary, upon the rec-ommendation of the committee, issuesa definition of and classification for‘‘culls’’, the aforesaid quantity of cullsshall be determined on the basis ofsuch definition and in accordance withsuch classification.

(2) Each handler may satisfy the in-coming and outgoing size requirementsfor any lot of olives under the condi-tions set forth in subdivisions (i), (ii),and (iii) of this paragraph: Provided,That any such lot shall be kept intactunder surveillance by the inspectionservices:

(i) When the Secretary authorizes useof limited size olives for limited usestyles during any crop year, any lot oflimited use size olives may be used inthe production of packaged olives forlimited use styles without an outgoinginspection if such olives are within thefollowing average count range for thatvariety group, and meet such further


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size requirements as recommended bythe committee with the approval of theSecretary:

Variety Average countrange (per pound)

Group 1, except Ascolano, Barouni,and St. Agostino.

76–88, inclusive.

Group 1, Ascolano, Barouni and St.Agostino.

89–140, inclusive.

Group 2, except Obliza ........................ 141–180, inclusive.Group 2, Obliza .................................... 128–140, inclusive.

Provided, That the varietal groupingsand/or average count ranges may bechanged, and additional size certifi-cation procedures and requirementsmay be established as recommended bythe committee and approved by theSecretary;

(ii) When limited use size olives arenot authorized for limited use stylesduring any crop year, any lot of theminimum canning size olives may beused in the production of packaged ol-ives for limited use styles without anoutgoing inspection for size if such ol-ives are within the following averagecount range for that variety group, andmeet such further size requirements asrecommended by the committee withapproval of the Secretary:

Variety Average countrange (per pound)

Group 1, except Ascolano, Barouni,and St. Agostino.

65–75, inclusive.

Group 1, Ascolano, Barouni and St.Agostino.

65–88, inclusive.

Group 2, except Obliza ........................ 128–140, inclusive.Group 2, Obliza .................................... 106–121, inclusive.

Provided, That for whole and whole pit-ted styles of olives an additional sizegrading is required after processing,prior to canning, and those olives thatfail to meet the requirements in § 932.52may be used in limited use styles. Pro-vided further, That the varietalgroupings, average count ranges, and/or other size requirements may bechanged or modified as recommendedby the committee and approved by theSecretary;

(iii) The committee may recommend,subject to approval by the Secretary,size certification procedures for olivesused in the production of canned wholeor pitted styles of olives: Provided,That if size certification for cannedwhole or pitted styles is implemented,marketing order sizes shall be adopted

and size requirements in the U.S.Grade Standards shall not apply. Sizecertification of such styles shall be ap-plicable to any or all sizes of olives rec-ommended by the committee and ap-proved by the Secretary pursuant to§ 932.52(a)(2). Size certification proce-dures recommended to the Secretarymay include but are not limited to theestablishment of average count ranges,acceptable count ranges, and approxi-mate counts (midpoints) for each vari-ety or variety group.

(3) Each handler shall, under the su-pervision of any such inspection serv-ice, dispose of into noncanning use anaggregate quantity of olives, com-parable in size and characteristics andequal to the quantities shown on thecertification for each lot to be:

(i) Variety Group 1 olives, except theAscolano, Barouni, and St. Agostinovarieties, of a size which individuallyweigh less than 1⁄90 pound;

(ii) Variety Group 1 olives of theAscolano, Barouni, and St. Agostinovarieties of a size which individuallyweigh less than 1⁄140 pound;

(iii) Variety Group 2 olives, exceptthe Obliza variety, of a size which indi-vidually weigh less than 1⁄180 pound;

(iv) Variety Group 2 olives of theObliza variety of a size which individ-ually weigh less than 1⁄140 pound;

(v) Such other sizes for the foregoingvariety groups as are not authorizedfor limited use pursuant to § 932.52; and

(vi) Olives classified as culls.(4) Notwithstanding the provisions of

paragraph (a)(3) of this section, a han-dler may (i) meet any deficit in suchhandler’s undersize obligation in onevariety by disposing of, under super-vision of the inspection service, asother than canned ripe olives, an equalquantity of undersize olives, of anyother variety, or by so disposing of anequal quantity of olives of that or anyother variety of sizes larger thanundersize of a quality better than culls,and (ii) meet any deficit in such han-dler’s cull obligation in one variety byso disposing of an equal quantity ofcull olives of any other variety, or byso disposing of an equal quantity of ol-ives of any variety of sizes larger thanundersize of a quality better than culls.

(5) Each handler shall hold at alltimes a quantity of olives equal to the


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quantities required in paragraph (a)(3)of this section, less any quantity pre-viously disposed of as specified in suchsubparagraph.

(b) Whenever a handler receives a lotof natural condition olives, or makes aseparation resulting in a sublot, solelyfor use in the production of green ol-ives or canned ripe olives of the ‘‘tree-ripened’’ type, he may handle such lotor sublot without regard to the provi-sions of this section and § 932.52 only if(1) he notifies the committee upon re-ceiving such a lot or making such aseparation; (2) the identity of all suchlots and sublots of olives is maintainedby keeping them separate and apartfrom other olives he receives; (3) thepackaged olives produced from suchlots and sublots after processing arecanned ripe olives of the ‘‘tree-rip-ened’’ type or green olives; and (4)there are no outgoing regulations pur-suant to § 932.52 then applicable topackaged olives that are canned ripeolives of the ‘‘tree-ripened’’ type orgreen olives.

[30 FR 12629, Oct. 2, 1965, as amended at 33 FR11267, Aug. 8, 1968; 36 FR 20356, Oct. 21, 1971;47 FR 32909, July 30, 1982]

EFFECTIVE DATE NOTE: At 56 FR 49669, Oct.1, 1991, in § 932.51, paragraphs (a)(3) (i), (ii),(iii), (iv) and the words ‘‘for the foregoing va-riety groups’’ in paragraph (a)(3)(v) were sus-pended indefinitely.

§ 932.52 Outgoing regulations.(a) Minimum standards for packaged ol-

ives. No handler shall use processed ol-ives in the production of packaged ol-ives or ship such packaged olives un-less they have first been inspected asrequired pursuant to § 932.53 and meeteach of the following applicable re-quirements:

(1) Canned ripe olives, other thanthose of the ‘‘tree-ripened’’ type, shallgrade at least U.S. Grade C as suchgrade is defined in the U.S. Standardsfor Grades of Canned Ripe Olives (7CFR part 52) or subsequent amend-ments thereto, or as modified by thecommittee, with approval of the Sec-retary, for purposes of this part.

(2) Except as provided in § 932.51(a)(1)and (2), canned whole ripe olives, otherthan those of the ‘‘tree-ripened’’ type,shall conform to the single size des-ignations set forth in the U.S. Stand-

ards for Grades of Canned Ripe Olives(7 CFR part 52) or subsequent amend-ments thereto, or as modified by thecommittee, with the approval of theSecretary, and shall be of a size notsmaller than the following applicablesize requirements, tolerances and per-centages: Provided, That the Secretary,on the basis of a recommendation ofthe committee or other available infor-mation, may change such sizes, toler-ances or percentages:

(i) With respect to variety group 1 ol-ives, except the Ascolano, Barouni, andSt. Agostino varieties, the individualfruits shall each weigh no less than 1⁄75

pound, except that (A) for olives of theextra large size designation, not morethan 25 percent, by count, of such ol-ives may weigh less than 1⁄75 poundeach including not more than 10 per-cent, by count, of such olives thatweigh less than 1⁄82 pound each; and (B)for olives of any designation except theextra large size, not more than 5 per-cent, by count, of such olives mayweigh less than 1⁄75 pound each;

(ii) With respect to variety group 1olives of the Ascolano, Barouni and St.Agostino varieties, the individualfruits shall each weigh not less than 1⁄88

pound except that (A) for olives of theextra large size designation, not morethan 25 percent, by count, of such ol-ives may weigh less than 1⁄88 poundeach including not more than 10 per-cent, by count, of such olives thatweigh less than 1⁄98 pound each, and (B)for olives of any size designation, ex-cept the extra large size, not more than5 percent, by count, of such olives mayweigh less than 1⁄88 pound each;

(iii) With respect to variety group 2olives, except the Obliza variety, theindividual fruits shall each weigh notless than 1⁄140 pound except that (A) forolives of the small size designation, notmore than 35 percent, by count, of sucholives may weigh less than 1⁄140 poundeach including not more than 7 per-cent, by count, of such olives thatweigh less than 1⁄160 pound each; and (B)for olives of any size designation, ex-cept the small size, not more than 5percent, by count, of such olives mayweigh less than 1⁄140 pound each; and

(iv) With respect to Variety Group 2olives of the Obliza variety, the indi-vidual fruits shall each weigh not less


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than 1⁄121 pound except that (a) for ol-ives of the medium size designation,not more than 35 percent, by count, ofsuch olives may weigh less than 1⁄121

pound each including not more than 7percent, by count, of such olives thatweigh less than 1⁄135 pound each; and (b)for olives of any size designation, ex-cept the medium size, not more than 5percent, by count, of such olives mayweigh less than 1⁄121 pound each.

(3) Subject to the provisions set forthin paragraph (a)(4) of this section and§ 932.51(a)(1) and (2), processed olives tobe used in the production of canned pit-ted ripe olives, other than those of the‘‘tree-ripened’’ type, shall meet thesame requirements as prescribed pursu-ant to paragraph (a)(2) of this section:Provided, That olives smaller thanthose so prescribed, as recommendedannually by the committee and ap-proved by the Secretary, may be au-thorized for limited use but any suchlimited use size olives so used shall benot smaller than the following applica-ble minimum size: Provided further,That each such minimum size may alsoinclude a size tolerance (specified as apercent) as recommended by the com-mittee and approved by the Secretary.

(i) Variety Group 1 olives, except theAscolano, Barouni, and St. Agostinovarieties, of a size which individuallyweigh 1⁄90 pound;

(ii) Variety Group 1 olives of theAscolano, Barouni, or St. Agostino va-rieties, of a size which individuallyweigh 1⁄140 pound;

(iii) Variety Group 2 olives, exceptthe Obliza variety, of a size which indi-vidually weigh 1⁄180 pound;

(iv) Variety Group 2 olives of theObliza variety, of a size which individ-ually weigh 1⁄140 pound.

(4) The Secretary may, upon rec-ommendation of the committee, re-strict the total quantity of limited usesize olives for limited use during anycrop year. Such restricted quantityshall be apportioned among the han-dlers by applying a percentage, estab-lished annually by the Secretary uponrecommendation by the committee, toeach handler’s total receipts of limiteduse size olives during such crop year.

(5) Canned ripe olives of the ‘‘tree-ripened’’ type and green olives shallmeet such grade, size, and pack re-

quirements as may be established bythe Secretary based upon the rec-ommendation of the committee orother available information.

(6) The size designations used in thissection mean the size designations de-scribed in (a)(1)(ii) of § 932.51.

(7) For the purposes of this part thecommittee may, with the approval ofthe Secretary, specify the styles of ol-ives, including the requirements withrespect thereto, for limited use.

(b) Disposition requirements for limiteduse size olives. (1) The requirements ofthis paragraph are in addition to andnot in substitution of the requirementsof § 932.51(a)(5).

(2) Each handler shall, under the su-pervision of the Processed ProductsBranch, USDA, or the Federal or Fed-eral-State Inspection Service, disposeof limited use size olives into limiteduse or into noncanning use: Provided,That whenever a handler’s use of lim-ited use size olives is restricted pursu-ant to § 932.52(a)(4), such handler shalldispose of into noncanning use thatquantity of such limited use size oliveswhich is in excess of the quantity per-mitted for limited use.

(3) Notwithstanding the provisions ofparagraph (b)(2) of this section, a han-dler may meet any deficit in his obliga-tion to dispose of limited use size ol-ives into noncanning use pursuant tothis paragraph by disposing of, undersupervision of the inspection service,an equivalent quantity of olives of asize larger than the limited use sizeand of a quality better than culls.

(4) Each handler shall hold at alltimes a quantity of olives eligible tomeet the disposition requirements ofthis paragraph less any quantity pre-viously disposed of as specified in para-graphs (b)(2) and (3) of this section.

[36 FR 20357, Oct. 21, 1971, as amended at 47FR 32910, July 30, 1982]

EFFECTIVE DATE NOTE: At 56 FR 49669, Oct.1, 1991, in § 932.52, in paragraph (a)(3)introductury text and paragraphs (a)(3)(i)through (a)(3)(iv) the words ‘‘but any suchlimited use size olives so used shall be notsmaller than the following applicable mini-mum size: Provided further, That each suchminimum size may also include a size toler-ance (specified as a percent) as recommendedby the committee and approved by the Sec-retary’’ were suspended indefinitely.


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§ 932.53 Inspection and certification.

(a) Each handler shall have the olivessuch handler handles inspected and cer-tified as for conformance with all ap-plicable requirements pursuant to§§ 932.51 and 932.52 with respect to suchhandling. Inspection and certificationfor conformance with the requirementsof § 932.51 shall be by the Federal orFederal-State Inspection Service, in-cluding certification as to size, and in-spection for conformance with the re-quirements of § 932.52 shall be by theProcessed Products Branch, USDA, ex-cept that the disposition of olives,other than as canned ripe olives, in ac-cordance with the requirements of§ 932.51(a)(3) may be under the super-vision of any of such inspection serv-ices. A copy of each certification bythe said inspection services, pursuantto the provisions of this section, shallbe furnished to the committee.

(b) The committee may enter into anagreement with either or both of saidinspection services with respect to thecosts of the inspection required by thissection and may collect from handlerstheir respective pro rata share of suchcosts.


§ 932.54 Transfers.

Transfers within the area of olivesfrom one handler to another for furtherhandling within the area are per-mitted. Whenever such a transfer of ol-ives is made, the transferring handlershall comply with all applicable regu-lations up to the time of such transfer,and the receiving handler shall complywith all applicable regulations subse-quent to such transfer: Provided, Thatthe disposition obligations referable totransferred natural condition olivespursuant to § 932.51(a)(3) may be trans-ferred along with the olives, in whichevent the receiving handler shall com-ply with the disposition obligations.Transfers of olives from within thearea to any point outside the area shallbe subject to such requirements withrespect to inspection, holding, disposi-tion, and reporting as may be estab-lished by the Secretary on the basis of

recommendations by the committee orother available information.

[33 FR 11267, Aug. 8, 1968, as amended at 36FR 20357, Oct. 21, 1971; 47 FR 32910, July 30,1982]

§ 932.55 Exemption.(a) The provisions of this subpart

shall not be applicable to processed ol-ives on hand on the effective date ofthis subpart but only if the identity ofsuch olives is maintained and such ol-ives are not commingled with olivesprocessed after such effective date inthe production of packaged olives.However, olives on hand on such effec-tive date that are commingled with ol-ives processed after such date and areused in the production of packaged ol-ives shall be subject to all relevant pro-visions applicable to the handling ofpackaged olives.

(b) Upon the basis of the rec-ommendation submitted by the com-mittee or from other available infor-mation, the Secretary may relievefrom any or all requirements underthis part the handling of olives in suchminimum quantities, in such types ofshipments, or for such specified pur-poses (including shipments to facilitatethe conduct of marketing research anddevelopment projects established pur-suant to § 932.45) as the committee withthe approval of the Secretary may pre-scribe.

(c) The committee, with the approvalof the Secretary, shall prescribe rules,regulations, and safeguards as it maydeem necessary to ensure that olivesexempted under the provisions of thissection are handled only as authorized.

[30 FR 12629, Oct. 2, 1965, as amended at 33 FR11267, Aug. 8, 1968]

REPORTS AND RECORDS

§ 932.60 Reports of acquisitions, sales,uses, shipments and creditablebrand advertising.

(a) Each handler shall file such re-ports of his acquisitions, sales, uses,and shipments of olives, as may be re-quested by the committee.

(b) Upon the request of the commit-tee, each handler shall furnish suchother reports and information as areneeded to enable the committee to per-form its functions under this part.


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7 CFR Ch. IX (1–1–98 Edition)§ 932.61

(c) Each handler shall file such re-ports of creditable brand advertising asrecommended by the committee andapproved by the Secretary.

[30 FR 12629, Oct. 2, 1965, as amended at 47 FR51094, Nov. 12, 1982]

§ 932.61 Records.Each handler shall maintain such

records of olives acquired, held, anddisposed of by such handler as may beprescribed by the committee and need-ed by it to perform its functions underthis subpart. Such records shall be re-tained for at least two years beyondthe crop year in which the transactionoccurred. The committee, with the ap-proval of the Secretary, may prescriberules and regulations to include underthis section handler records that detailadvertising and promotion activitieswhich the committee may need to per-form its functions under § 932.45(a).

[47 FR 51094, Nov. 12, 1982]

§ 932.62 Verification of reports.For the purpose of checking and veri-

fying reports filed by handlers, thecommittee, through its duly authorizedrepresentatives, shall have access toany handler’s premises during regularbusiness hours, and shall be permittedat any such time to: (a) Inspect suchpremises and any olives held by suchhandler, and any and all records of thehandler with respect to such handler’sacquisition, sales, uses and shipmentsof olives; and (b) inspect any and allrecords of such handler with respect toadvertising and promotion activitiessubject to § 932.45(a) and maintained bythe handler pursuant to § 932.61. Eachhandler shall furnish all labor andequipment necessary to make such in-spections.

[47 FR 51094, Nov. 12, 1982]

§ 932.63 Confidential information.All reports and information submit-

ted by handlers pursuant to the provi-sions of this part shall be received by,and at all times be in the custody ofone or more designated employees ofthe committee. No such employeesshall disclose to any person, other thanthe Secretary upon request therefor,data, or information obtained or ex-tracted from such reports and records

which might affect the trade position,financial condition, or business oper-ation of the particular handler fromwhom received: Provided, That suchdata and information may be com-bined, and made available in the formof general reports in which the identi-ties of the individual handlers furnish-ing the information is not disclosed.

MISCELLANEOUS PROVISIONS

§ 932.65 Compliance.Except as provided in this part, no

person shall handle olives, the handlingof which has been prohibited by theSecretary in accordance with the pro-visions of this part, and no person shallhandle olives except in conformitywith the provisions of this part and theregulations issued hereunder.

§ 932.66 Right of the Secretary.The members of the committee (in-

cluding successors and alternates) andany agents or employees appointed oremployed by the committee, shall besubject to removal or suspension atany time by the Secretary. Each andevery order, regulation, determination,decision, or other act of the committeeshall be subject to the continuing rightof the Secretary to disapprove of thesame at any time. Upon such dis-approval, such disapproved action shallbe deemed null and void except as toacts done in reliance thereon or incompliance therewith prior to such dis-approval by the Secretary.

§ 932.67 Effective time.The provisions of this subpart, as

well as any amendments to this sub-part, shall become effective at suchtime as the Secretary may declare,above his signature, and shall continuein force until terminated in one of theways specified in § 932.68.

§ 932.68 Termination.(a) The Secretary may, at any time,

terminate the provisions of this sub-part by giving at least one day’s noticeby means of a press release or in anyother manner which he may determine.

(b) The Secretary shall terminate orsuspend the operation of any or all ofthe provisions of this subpart wheneverhe finds such provisions do not tend to


317


effectuate the declared policy of theact.

(c) The Secretary shall terminate theprovisions of this subpart at the end ofany crop year whenever the Secretaryfinds that such termination is favoredby a majority of producers who, duringa representative period determined bythe Secretary, have been engaged inthe area in the production of olives formarket as packaged olives: Provided,That such majority have during suchrepresentative period produced formarket more than 50 percent of thevolume of such olives produced formarket, but such termination shall beeffective only if announced on or beforeJuly 15 of the then current crop year.


§ 932.69 Proceedings after termination.

(a) Upon the termination of the pro-visions of this subpart, the members ofthe committee then functioning shallcontinue as joint trustees, for the pur-pose of liquidating the affairs of thecommittee, of all funds and propertythen in the possession or under thecontrol of the committee includingclaims for any funds unpaid or prop-erty not delivered at the time of suchtermination. Action by such trusteeshall require the concurrence of a ma-jority of the trustees.

(b) Said trustees shall continue insuch capacity until discharged by theSecretary; shall, from time to time, ac-count for all receipts and disburse-ments, and deliver all property onhand, together with all books andrecords of the committee and the jointtrustees, to such person as the Sec-retary may direct; and shall, upon therequest of the Secretary, execute suchassignments or other instruments nec-essary or appropriate to vest in suchperson full title and right to all of thefunds, property, and claims vested inthe committee or the joint trustees.

(c) Any person to whom funds, prop-erty, or claims have been transferredor delivered by the committee or thejoint trustees, pursuant to this section,shall be subject to the same obligationsimposed upon the members of the saidcommittee and upon said joint trust-ees.

§ 932.70 Effect of termination oramendment.

Unless otherwise expressly providedby the Secretary, the termination ofthis subpart or any regulation issuedpursuant thereto, or the issuance ofany amendment to either thereof, shallnot (a) affect or waive any right, duty,obligation, or liability which shallhave arisen, or which may thereafterarise, in connection with any provisionof this subpart, or any regulationissued thereunder; (b) release or extin-guish any violation of this subpart orof any regulation issued thereunder; or(c) affect or impair any rights or rem-edies of the Secretary or any other per-son with respect to any such violation.

§ 932.71 Duration of immunities.

The benefits, privileges, and immuni-ties conferred upon any person by vir-tue of this subpart shall cease upon thetermination of this subpart, exceptwith respect to acts done under andduring the existence of this subpart.

§ 932.72 Agents.

The Secretary may, by a designationin writing, name any person, includingany officer or employee of the U.S.Government or name any service or di-vision in the U.S. Department of Agri-culture, to act as his agent or rep-resentative in connection with any ofthe provisions of this subpart.

§ 932.73 Derogation.

Nothing contained in this subpart isor shall be construed to be, in deroga-tion or in modification of the rights ofthe Secretary or of the United Statesto exercise any powers granted by theact or otherwise, or, in accordancewith such powers, to act in the prem-ises whenever such action is deemedadvisable.

§ 932.74 Personal liability.

No member or alternate member ofthe committee or any employee oragent thereof shall be held personallyresponsible, either individually orjointly with others, in any way whatso-ever, to any person, for errors in judg-ment, mistakes, or other acts either of


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7 CFR Ch. IX (1–1–98 Edition)§ 932.75

commission or omission, as such mem-ber, alternate member, employee, oragent, except for acts of dis- honesty.

§ 932.75 Separability.

If any provision of this subpart is de-clared invalid or the applicabilitythereof to any person, circumstance, orthing is held invalid, the validity of theremainder of this subpart or the appli-cability thereof to any other person,circumstance, or thing shall not be af-fected thereby.

Subpart—Rules and Regulations

§ 932.108 Noncanning olives.Noncanning olives means those olives

which, pursuant to the requirements of§ 932.51(a)(2), are to be disposed of asother than canned ripe olives.

[31 FR 12634, Sept. 27, 1966]

§ 932.109 Canned ripe olives of thetree-ripened type.

(a) Canned ripe olives of the tree-rip-ened type means packaged olives, notoxidized in processing, that are pre-pared from a lot or sublot of naturalcondition olives of advanced maturitywhich:

(1) Range in color from pinkish red,with some greenish cast, to black; and

(2) Have not more than 10 percent, bycount, of off-color olives (off-colormeans those olives whose greenish castcovers more than 50 percent of the sur-face of the individual olives).

[40 FR 38146, Aug. 27, 1975]

§ 932.121 Producer districts.Pursuant to the authority in

§ 932.35(k), commencing with the termof office beginning June 1, 1987, districtmeans any of the following geographi-cal areas of the State of California:

(a) District 1 shall include the coun-ties of Glenn, Tehama, and Shasta.

(b) District 2 shall include the coun-ties of Mono, Mariposa, Merced, SanBenito, Monterey, and all countiessouth thereof excluding Tulare County.

(c) District 3 shall include all thecounties of Alpine, Tuolumne,Stanislaus, Santa Clara, Santa Cruz,and all counties north thereof exceptthose in District 1.

(d) District 4 shall include the countyof Tulare.

[52 FR 12135, Apr. 15, 1987]

§ 932.125 Producer representation onthe committee.

Pursuant to the authority in §§ 932.25and 932.35(k), commencing with theterm of office beginning June 1, 1987,representation shall be apportioned asfollows:

(a) District 1 shall be represented bytwo producer members and alternates.

(b) District 2 shall be represented byone producer member and alternate.

(c) District 3 shall be represented byone producer member and alternate.

(d) District 4 shall be represented byfour producer members and alternates.

[52 FR 12135, Apr. 15, 1987]

§ 932.129 Nomination procedures forproducer members.

Members and alternate members onthe Committee who represent produc-ers shall be nominated in accordancewith the procedures specified in eitherparagraph (a) or paragraph (b) of thissection as the Committee may deter-mine.

(a) Mail ballot voting. (1) The Commit-tee shall schedule a meeting, prior toMarch 1 of each odd-numbered year, ineach producing district for the purposeof selecting candidates for member andalternate member nominations. A no-tice of such meetings will be mailed toeach producer of record in each dis-trict. The nomination process is as fol-lows:

(i) Any person who produces olives ina particular district may offer thename of any producer from that dis-trict as a candidate for either a mem-ber or alternate member position insaid district.

(ii) A producer, who produces olivesin more than one district, can be se-lected as a candidate for a member oralternate member position in only onedistrict.

(iii) The Committee will notify bymail producers who are selected as can-didates but are not in attendance atsuch meetings. Such producers havethe right to decline such listing on theballot within 7 days of mailing such no-tice.


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(iv) In the event a producer cannotattend a meeting but wishes to be in-cluded on the ballot, that producermay notify the Committee office inwriting no later than 7 days after thedate of the nomination meeting for theproducer’s district and request that theproducer’s name be included on the bal-lot.

(v) In the event that no candidates oran insufficient number of candidatesare selected at such meetings for theproducer members and alternates inthe respective districts, the Committeewill give written notice to producers insaid district that additional namesmay be submitted for the specified po-sition(s).

(2) Following such meetings, and nolater than March 15 of each odd-num-bered year, the Committee shall pre-pare and mail a ballot to each producerthat delivered olives during that cropyear in each district.

(i) A producer who produces olives inmore than one district must choose thedistrict in which the producer will voteand notify the Committee of thatchoice. If the Committee is not notifiedand more than one ballot is receivedfrom such a producer, the first ballotreceived will be counted. Candidatesmay only vote in the district in whichthey are seeking nomination.

(ii) Each ballot will list separatelythe names of candidates for the mem-ber positions and the names of can-didates for the alternate member posi-tions for said district.

(iii) A ballot will be mailed to pro-ducers of record to give them an oppor-tunity to vote. Committee records willbe used to determine the list of produc-ers eligible to cast ballots. However,any producer who is not identified insuch records may receive a ballot if theCommittee determines that such pro-ducer is eligible to participate in nomi-nations in that district.

(iv) A producer may cast a vote for asmany candidates as there are memberor alternate positions in said district.

(v) The candidate on each list, as pre-scribed in paragraph (a)(2)(ii) of thissection, who receives the most voteswill be the nominee for the first posi-tion, and until all positions for thatdistrict are filled, the candidates re-ceiving the second, third and fourth

highest number of votes will be thenominees for the second, third andfourth position respectively.

(vi) In the event of a tie which wouldresult in elimination of a tied can-didate, a second ballot with the namesof those tied candidates will be mailedto producers in said district for an-other vote.

(b) Nomination meetings. In lieu of themail ballot nomination procedure spec-ified in paragraph (a) of this section,the Committee may schedule nomina-tion meetings. In such an event, thefollowing procedure will apply:

(1) Prior to March 15 of each odd-numbered year, the Committee shallschedule a nomination meeting to beheld in each district for the purpose ofobtaining nominees for producer mem-bers and alternate members for suchdistrict.

(2) Nominations for members and bal-loting thereon shall precede nomina-tions and balloting for alternate mem-bers.

(3) The candidate for each positionwho receives the highest number ofvotes shall be the nominee for the posi-tion: Provided, That such candidate re-ceives a majority of the ballots cast. Ifno candidate receives such a majority,the two candidates who received thehighest number of votes shall partici-pate in a run-off balloting to determinewhich is the nominee.

(c) For the purposes of this section, aproducer is a person engaged in a pro-prietary capacity as a single businessunit in the production of olives formarket as packaged olives and includesan individual (owner-operated), part-nership, corporation, association, insti-tution, or other legal business unit.

(d) Determination of producer eligi-bility. (1) Only producers (includingduly authorized officers or employeesof producers) who produced olives with-in the district shall participate in thenomination and election of producermembers and alternates.

(2) Each producer (as defined in para-graph (c) of this section) shall be enti-tled to cast only one vote for each posi-tion.

(3) A producer having olive acreage inmore than one district may participatein nominations and elections in onlyone district. The district in which the


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7 CFR Ch. IX (1–1–98 Edition)§ 932.130

producer wishes to participate shall bethe producer’s choice.

(4) Any member of a producer’s fam-ily (husband, wife, son or daughter)may vote on behalf of an owner-oper-ated, landlord-tenant, family enter-prise, or other farming unit.

(5) Any authorized officer or em-ployee of a corporation which is a pro-ducer may vote.

(6) Any authorized member of a part-nership which is a producer may vote.

(7) Power of attorney (proxies) forvoting purposes are not accepted.

[48 FR 24312, June 1, 1983, as amended at 54FR 46222, Nov. 2, 1989]

§ 932.130 Public member and alternatepublic member eligibility require-ments and nomination procedures.

(a) Eligibility requirements. (1) Thepublic member and alternate publicmember shall not be a producer, han-dler, or family member (husband, wife,son or daughter) of a producer or han-dler of olives and shall have no directfinancial interest in, nor be engaged in,the commercial production, marketing,buying, grading or processing of olives;nor shall they be either an officer, di-rector, or employee, or family memberof an officer, director, or employee ofany firm engaged in such activities.

(2) The public member and alternatepublic member should be able to devotesufficient time and must express a will-ingness to attend subcommittee andcommittee activities regularly and tofamiliarize themselves with the back-ground and economics of the olive in-dustry.

(3) The public member and alternatepublic member must be residents ofCalifornia.

(b) Nomination procedures. (1) Prior toApril 16 of the year in which nomina-tions are made, the Committee willrecommend to the Secretary a publicmember and alternate public memberfor the Committee for a two-year termof office beginning June 1 and endingMay 31 of odd numbered years.

(2) The Committee will solicit, inter-view and recommend to the Secretaryits nominees for public member and al-ternate public member.

(3) A majority vote is required inCommittee actions concerning thenomination of the public member andalternate public member.

[48 FR 24313, June 1, 1983]

§ 932.139 Late payment and interestcharges.

(a) The committee shall impose alate payment charge on any handlerwhose assessment has not been re-ceived in the committee’s office, or theenvelope containing the payment leg-ibly postmarked by the U.S. PostalService, within 30 days of the invoicedate shown on the handler’s assess-ment statement. The late paymentcharge shall be five percent of the un-paid balance.

(b) In addition to that specified inparagraph (a) of this section, the com-mittee shall impose an interest chargeon any handler whose assessment pay-ment has not been received in the com-mittee’s office, or the envelope con-taining the payment legibly post-marked by the U.S. Postal Service,within 30 days of the invoice date. Theinterest charge shall be the currentcommerical prime rate of the commit-tee’s bank plus two percent which shallbe applied to the unpaid balance andlate payment charge for the number ofdays all or any part of the assessmentspecified in the handler’s assessmentstatement is delinquent beyond the 30day payment period.

(c) The committee, upon receipt of alate payment equal to or greater thanthe assessment specified on the han-dler’s assessment statement, shallpromptly notify the handler (by reg-istered mail) of any late paymentcharge and/or interest due as providedin paragraphs (a) and (b) of this sec-tion. If such charges are not paid, orthe envelope containing payment is notlegibly postmarked by the U.S. PostalService, within 30 days of the date onsuch notification, late payment and in-terest charges as provided in para-graphs (a) and (b) of this section willaccrue on the unpaid amount.

[49 FR 29210, July 19, 1984]


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§ 932.149 Modified minimum qualityrequirements for specified styles ofcanned olives of the ripe type.

(a) Except as otherwise provided inthis section, the minimum quality re-quirements prescribed in §932.52(a)(1)are modified as follows, for specifiedstyles of canned olives of the ripe type:

(1) Canned whole and pitted olives ofthe ripe type shall meet the minimumquality requirements as prescribed intable 1 of this section;

(2) Canned sliced, segmented(wedged), and halved olives of the ripetype shall meet the minimum qualityrequirements as prescribed in table 2 ofthis section;

(3) Canned chopped olives of the ripetype shall meet the minimum qualityrequirements as prescribed in table 3 ofthis section; and shall be practicallyfree from identifiable units of pit caps,end slices, and slices (‘‘practically freefrom identifiable units’’ means thatnot more than 10 percent, by weight, ofthe unit of chopped style olives may beidentifiable pit caps, end slices, orslices); and,

(4) Canned broken pitted olives of theripe type shall meet the minimumquality requirements as prescribed intable 4 of this section;

(5) A lot of canned ripe olives is con-sidered to meet the requirements ofthis section if all or most of the sampleunits meet the requirements specifiedin tables 1 through 4 of this section:Provided, That the number of sampleunits which do not meet the require-ments specified in tables 1 through 4 ofthis section does not exceed the accept-ance number prescribed for in the sam-ple size provided in table I of 7 CFR52.38: Provided further, That there is nooff flavor in any sample unit.

TABLE 1—WHOLE AND PITTED STYLE[Defects by count per 50 olives]

FLAVOR .................... Reasonably good; no ‘‘off’’ flavorFLAVOR (Green Ripe

Type)Free from objectionable flavors of

any kindSALOMETER ............. Acceptable Range in degrees: 3.0 to

14.0COLOR ...................... Reasonably uniform with not less

than 60% having a color equal ordarker than the USDA CompositeColor Standard for Ripe Type

CHARACTER ............ Not more than 5 soft units or 2 ex-cessively soft units

TABLE 1—WHOLE AND PITTED STYLE—Continued

[Defects by count per 50 olives]

UNIFORMITY OFSIZE

60%, by visual inspection, of themost uniform in size. The diameterof the largest does not exceed thesmallest by more than 4mm

DEFECTS:Pitter Damage

(Pitted StyleOnly).

15

Major Blemishes 5Major Wrinkles .... 5Pits and Pit Frag-

ments (PittedStyle Only).

Not more than 1.3% average bycount

Major Stems ....... Not more than 3HEVM ................. Not more than 1 unit per sampleMutilated ............. Not more than 3Mechanical Dam-

age.Not more than 5

Split Pits or Mis-shapen.

Not more than 5

TABLE 2—SLICED, SEGMENTED (WEDGED), ANDHALVED STYLES

[Defects by count per 255 grams]

FLAVOR .................... Reasonably good; no ‘‘off’’ flavorSALOMETER ............. Acceptable Range in degrees: 3.0 to

14.0COLOR ...................... Reasonably uniform with no units

lighter than the USDA CompositeColor Standard for Ripe Type

CHARACTER ............ Not more than 13 grams excessivelysoft

DEFECTS:Pits and Pit Frag-

ments.Average of not more than 1 by count

per 300 gramsMajor Stems ....... Not more than 3HEVM ................. Not more than 2 units per sampleBroken Pieces

and End Caps.Not more than 125 grams by weight

TABLE 3—CHOPPED STYLE[Defects by count per 255 grams]






per 300 gramsMajor Stems ....... Not more than 3HEVM ................. Not more than 2 units per sample

TABLE 4—BROKEN PITTED STYLE[Defects by count per 255 grams]




CHARACTER ............ Not more than 13 grams excessivelysoft


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7 CFR Ch. IX (1–1–98 Edition)§ 932.150

TABLE 4—BROKEN PITTED STYLE—Continued[Defects by count per 255 grams]



per 300 gramsMajor Stems ....... Not more than 3HEVM ................. Not more than 2 units per sample

(b) Terms used in this section shallhave the same meaning as are given tothe respective terms in the currentU.S. Standards for Grades of CannedRipe Olives (7 CFR part 52): Provided,That the definition of ‘‘broken pittedolives’’ is as follows: ‘‘Broken pitted ol-ives’’ consist of large pieces that mayhave been broken in pitting but havenot been sliced or cut.

[62 FR 1242, Jan. 9, 1997]

§ 932.150 Modified minimum qualityrequirements for canned green ripeolives.

The minimum quality requirementsprescribed in § 932.52 (a)(1) of this partare hereby modified with respect tocanned green ripe olives so that no re-quirements shall be applicable with re-spect to color and blemishes of such ol-ives.

[62 FR 1244, Jan. 9, 1997]

§ 932.151 Incoming regulations.(a) Inspection stations. Natural condi-

tion olives shall be sampled and size-graded only at inspection stationswhich shall be a plant of a handler orother place having facilities for sam-pling and size-grading such olives: Pro-vided, That such location and facilitiesare satisfactory to the Inspection Serv-ice and the committee: Provided fur-ther, That upon prior application to,and approval by, the committee, a han-dler may have olives size-graded at aninspection station other than the onewhere the lot was sampled.

(b) Lot identification. Immediatelyupon receipt of each lot of natural con-dition olives for which inspection is re-quired, the handler shall completeForm COC 3A or 3C, weight and gradereport or such other lot identificationform as may be approved by the com-mittee, which shall contain at least thefollowing: (1) Lot number; (2) date; (3)variety; and (4) number and type con-tainers. Pending completion of size-grading of such lot, or the sampling of

such lot if it is to be size-graded bysample, the handler shall maintainidentity of such lot of olives with itscorresponding lot weight and grade re-port.

(c) Weighing. Each lot of natural con-dition olives for which inspection is re-quired shall be separately weighed todetermine the net weight of olives. Ifthe lot is to be size-graded by sample,the lot shall be weighed upon receiptby the hanlder. If the lot is to be size-graded by lot, the net weight shall bedetermined after size-grading byweighing all of the component parts re-sulting from the size-grading oper-ations (including culls), and totalingsuch weights.

(d) Incoming inspection—(1) General.The handler is responsible for the prop-er performance of all actions connectedwith the identification of lots of olives,the weighing of boxes or bins, the tak-ing of samples, the size-grading of sam-ples, and the furnishing of necessarypersonnel for the carrying out of suchactions. All such actions shall be per-formed under the supervision of the In-spection Service.

(2) Certification. For each lot of olivesthat are size-graded, the handler shallcomplete Form COC–3A or 3C weightand grade report, which shall containat least the following: (i) Name of han-dler; (ii) name of producer; (iii) countyof production; (iv) applicable lot num-ber; (v) weight certificate number; (vi)net weight; (vii) number and type ofcontainers; (viii) date received; (ix)time received; (x) method of size-gradedetermination (sample or lot); (xi)weight of sample, if size-graded bysample; and (xii) the quantity of olivesin each size designation. The com-pleted Form COC–3A or 3C shall be fur-nished to the Inspection Service whichshall certify thereon that the lot wassize-graded as required by § 932.51 if inaccordance with the facts.

(e) Disposition of noncanning olives—(1) Notification and inspection of noncan-ning olives. Prior to disposition of non-canning olives the handler shall com-plete Form COC–5, report of limitedand undersize and cull olives inspectionand disposition, which shall containthe following: (i) Type and number ofcontainers; (ii) type of olives (undersizeor culls); (iii) net weight; (iv) variety;


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(v) outlet (green olives, olive oil, etc.);and (vi) consignee. Before dispositionof such olives, the completed FormCOC–5 shall be furnished to the Inspec-tion Service which shall inspect the ol-ives for conformance with the informa-tion contained thereon, and, if correct,so certify in the space provided there-on.

(2) Control and surveillance. Noncan-ning olives that have been reported onForm COC–5 and inspected by the In-spection Service shall, unless such ol-ives are disposed of immediately afterbeing inspected under supervision ofthe inspector, be identified by fixing toeach bin or pallet of boxes an COC con-trol card which may be obtained fromthe committee. Such olives shall bekept separate and apart from other ol-ives in the handler’s possession andshall be disposed of only in the outletshown on Form COC–5 and under thesupervision of an inspector of the In-spection Service.

(3) Time period for disposition. All re-quired disposition of noncanning olivesshall be completed not later than Sep-tember 30 of the crop year followingthe one in which the obligation is in-curred or such later date that a han-dler may specify in a notice filed withthe committee at least 15 days prior toSeptember 15 of such subsequent cropyear: Provided, That such notice showsthat such handler has a sufficientquantity of olives held in storage tomeet his obligation and such later dateis not later than the date when he willhave completed his disposition of ol-ives of the crop year of obligation.

(4) Olives not subject to incoming in-spection. Except as otherwise prescribedin § 932.51(b), any lot of olives to beused solely in the production of greenolives or canned ripe olives of the ‘‘treeripened’’ type shall not be subject toincoming inspection: Provided, Thatthe applicable requirements of§ 932.51(b) are met and the handler noti-fies the Inspection Service, in writing,that such lot is to be so used. Noticemay be given by writing on the weightcertificate ‘‘Lot to be used solely foruse in the production of green olives ortree ripened olives’’ and a copy of suchweight certificate given to the Inspec-tion Service.

(f) Partially exempted lots. (1) Pursu-ant to § 932.55, any handler may processany lot of natural condition olives foruse in the production of packaged ol-ives which has not first been weighedand size-graded as an individual lot asrequired by § 932.51(a)(i) and (ii), butwas combined with any other lot orlots of natural condition olives, only if(i) all the olives in the combined lotare delivered to the handler in thesame day, (ii) the total net weight ofthe olives delivered to the handler byany person in such day does not exceed500 pounds, (iii) each such person hadauthorized combination of his lot withother lots, and (iv) the combined lot ofthe natural condition olives is weighedand size-graded as required by§ 932.51(a)(i) and (ii) prior to processingthe olives.

(2) Whenever the natural conditionolives in partially exempt individuallots are combined with other such ol-ives as provided in paragraph (f)(1) ofthis section, the provision of the sec-tion applicable on individual lots shallapply instead to a combined lot.

(3) Each such handler shall file withthe committee a weekly report show-ing for each day of the week the respec-tive quantity in combined lots togetherwith each person’s authorization forcombining lots. The report shall befiled upon a form supplied by the com-mittee.

(g) Additional Marketing Order SizeDesignations. Pursuant to the authorityin § 932.51(a)(1)(ii), the following addi-tional size designations are estab-lished:

Designation(s)

Ap-proxi-matecount(per

pound)

Average countrange (per pound)

Subpetite ............................... ........... 181 and up.Petite ..................................... 166 141–180, inclusive.Extra Large Sevillano ‘‘L’’ ...... 86 76–90, inclusive.Extra Large Sevillano ‘‘C’’ ..... 70 65–75, inclusive.

[31 FR 12635, Sept. 27, 1966, as amended at 33FR 15631, Oct. 23, 1968; 34 FR 15389, Oct. 2,1969; 49 FR 34440, Aug. 31, 1984; 49 FR 44448,Nov. 7, 1984; 52 FR 38224, Oct. 15, 1987; 52 FR49346, Dec. 31, 1987]

§ 932.152 Outgoing regulations.(a) Inspection stations. Processed ol-

ives shall be sampled and inspected


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7 CFR Ch. IX (1–1–98 Edition)§ 932.152

only at an inspection station whichshall be any olive processing plant hav-ing facilities for in-line or lot inspec-tion which are satisfactory to the In-spection Service and the Committee; oran olive processing plant which has anapproved Quality Assurance Programin effect.

(b) Inspection—General. Inspection ofpackaged olives for conformance with§ 932.52 shall be by a Quality AssuranceProgram approved by the ProcessedProducts Branch (PPB), USDA; or byin-line or lot inspection. A PPB ap-proved Quality Assurance Programshall be pursuant to a Quality Assur-ance contract as referred to in § 52.2.

(c) Certification. (1) Each handlershall furnish daily to the InspectionService a copy of a pack report for thepreceding work day which shall con-tain at least the following: (i) The totalnumber of cases of packaged olives; (ii)number of cans per case; (iii) can size;(iv) can code; (v) variety; (vi) fruit size;and (vii) style.

(2) The Inspection Service shall issuefor each day’s pack a signed certificatecovering the quantities of such pack-aged olives which meet all applicableminimum quality and size require-ments. Each such certificate shall con-tain at least the following:

(i) Date;(ii) Place of inspection;(iii) Name and address of handler;(iv) Can code;(v) Variety;(vi) Fruit size;(vii) Can size;(viii) Style;(ix) Total number of cases;(x) Number of cans per case;(xi) And statement that packaged ol-

ives meet the effective minimum qual-ity requirements for canned ripe olivesas warranted by the facts.

(d) Olives which fail to meet minimumquality and size requirements. (1) When-ever any portion of a handler’s dailypack of packaged olives fails to meetall applicable minimum quality andsize requirements, the Inspection Serv-ice shall issue a signed report coveringsuch olives. Each such report shall con-tain at least the following:

(i) Date;(ii) Place of inspection;(iii) Name and address of handler;

(iv) Can code;(v) Variety;(vi) Fruit size;(vii) Can size;(viii) Style;(ix) Total number of cases;(x) Number of cans per case; and(xi) Reason why the applicable re-

quirements were not met.(2) All such packaged olives shall be

kept separate and apart from otherpackaged olives and shall be so identi-fied by control cards or other meanssatisfactory to the Inspection Serviceand the committee that their identityis readily apparent. Such packaged ol-ives may be reprocessed under super-vision of the Inspection Service. Anysuch packaged olives that are not soreprocessed may be disposed of only inaccordance with § 932.155.

(e) Examination of certain olives re-ceived for use in the production of cannedripe olives of the tree-ripened type. Pur-suant to § 932.51(b), whenever a handlerreceives a lot of natural condition ol-ives or makes a separation resulting ina sublot, solely for use in the produc-tion of canned ripe olives of the tree-ripened type he shall, at the time of re-ceiving such lot or making such sepa-ration, notify the committee or the In-spection Service of the lot so receivedor the sublot so created which shallthen be subject to examination by thecommittee, or by the Inspection Serv-ice if so designated by the committee,to assure that the olives in such lot orsublot comply with the specificationsset forth in § 932.109. Each such handlershall identify all such lots and sublotsof natural condition olives and keepthem separate and apart from other ol-ives received. Such identification andseparation shall be maintainedthroughout the processing and produc-tion of such olives as canned ripe olivesof the tree-ripened type.

(f) Size designations. (1) In lieu of thesize designations specified in§ 932.52(a)(2), except as provided in§ 932.51(a)(1) and (2), canned whole ripeolives, other than those of the ‘‘tree-ripened’’ type, shall conform to themarketing order size designations list-ed in table 1 contained herein, andshall be of a size not smaller than the


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applicable size requirements, toler-ances, and percentages listed in para-graph (h) of this section.

TABLE I—CANNED WHOLE RIPE OLIVE SIZES AVERAGE COUNT RANGES[Per Pound]

Size designation

Variety group 1 Variety group 2

ExceptAscolano,

Barouni, St.Agostino

Ascolano,Barouni, St.

AgostinoObliza Except

Obliza

Small ...................................................................................................... N.A. N.A. N.A. 128–140Medium .................................................................................................. N.A. N.A. 106–127 106–127Large ...................................................................................................... N.A. 91–105 91–105 91–105Extra Large ............................................................................................ 65–75 65–90 65–90 65–90Jumbo .................................................................................................... 47–60 47–60 47–60 47–60Colossal ................................................................................................. 33–46 33–46 33–46 33–46Sup. Colossal ........................................................................................ (1) (1) (1) (1)

1 32 or fewer.N.A.—Not Applicable.

(2) The size of the canned whole ol-ives shall conform with the applicablecount per pound range indicated intable I of paragraph (f)(1) of this sec-tion. When the count per pound ofwhole olives falls between two countranges, the size designation shall bethat of the smaller size. The averagecount for canned whole ripe olives isdetermined from all containers in thesample and is calculated on the basis ofthe drained weight of the olives.

(3) Pitted olives must meet the sizerequirements for canned whole olivesspecified in paragraphs (f)(1) and (f)(2)of this section prior to pitting, or mustmeet the size designations specified in§ 52.3754 of the U.S. Standards forGrades of Canned Ripe Olives subse-quent to pitting, subject to the follow-ing minimum size requirements:

(i) Variety group 1 olives, exceptAscolano, Barouni, and St. Agostinovarieties, shall be at least ‘‘ExtraLarge;’’

(ii) Variety group 1 olives of theAscolano, Barouni, and St. Agostinovarieties shall be at least ‘‘Large;’’

(iii) Variety group 2 olives, exceptthe Obliza variety, shall be at least‘‘Small;’’

(iv) Variety group 2 olives of theObliza variety shall be at least ‘‘Me-dium.’’

(g) Size Certification. (1) When lim-ited-use size olives for limited-use

styles are authorized during a cropyear and a handler elects to have olivessized pursuant to § 932.51(a)(2)(i), anylot of limited-use size olives may beused in the production of packaged ol-ives for limited-use styles if such olivesare within the average count range intable II contained herein for that vari-ety group, and meet such further mid-point or acceptable count requirementsfor the average count range in eachsize as approved by the committee.

TABLE II.—LIMITED USE SIZE OLIVES

Variety Average count range (perpound)

Group 1, except Ascolano,Barouni, and St. Agostino.

76–90, inclusive.

Group 1, Ascolano, Barouni,and St. Agostino.

106–140, inclusive.

Group 2, except Obliza ......... 141–180, inclusive.Group 2, Obliza ..................... 128–140, inclusive.

(2) When limited-use size olives arenot authorized for limited-use stylesduring a crop year and a handler electsto have olives sized pursuant to§ 932.51(a)(2)(ii), any lot of canning-sized olives may be used in the produc-tion of packaged olives for whole, pit-ted, or limited-use styles if such olivesare within the average count range intable III contained herein for that vari-ety group, and meet such further mid-point or acceptable count requirementsfor the average count range in eachsize as approved by the committee.


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7 CFR Ch. IX (1–1–98 Edition)§ 932.153

TABLE III—CANNED WHOLE RIPE OLIVE SIZES AVERAGE COUNT RANGES[Per Pound]

Size designation

Variety group 1 Variety group 2

ExceptAscolano,

Barouni, St.Agostino

Ascolano,Barouni, St.

AgostinoObliza Except

Obliza

Small ...................................................................................................... N.A. N.A. N.A. 128–140Medium .................................................................................................. N.A. N.A. 106–127 106–127Large ...................................................................................................... N.A. 91–105 91–105 91–105Ex. Large ............................................................................................... 65–75 65–90 65–90 65–90Jumbo .................................................................................................... 47–60 47–60 47–60 47–60Colossal ................................................................................................. 33–46 33–46 33–46 33–46Sup. Colossal ........................................................................................ (1) (1) (1) (1)

1 32 or fewer.N.A.—Not Applicable.

(h) Canned whole ripe olives, otherthan those of the ‘‘tree-ripened’’ type,shall be of a size not smaller than thefollowing applicable size requirements,tolerances and percentages:

(1) With respect to variety group 1 ol-ives, except Ascolano, Barouni, and St.Agostino varieties, the individualfruits shall each weigh no less than 1/75pound, except that

(i) For olives of the extra large sizedesignation, not more than 25 percent,by count, of such olives may weigh lessthan 1/75 pound each including notmore than 10 percent, by count, of sucholives that weigh less than 1/82 poundeach; and

(ii) For olives of any designation ex-cept the extra large size, not more than5 percent, by count, of such olives mayweigh less than 1/75 pound each;

(2) With respect to variety group 1 ol-ives of the Ascolano, Barouni, and St.Agostino varieties, the individualfruits shall each weigh not less than 1/105 pound, except that

(i) For olives of the large size des-ignation, not more than 25 percent, bycount, of such olives may weigh lessthan 1/105 pound each including notmore than 10 percent, by count, of sucholives that weigh less than 1/116 poundeach; and

(ii) For olives of any designation ex-cept the large size, not more than 5percent, by count, of such olives mayweigh less than 1/105 pound each;

(3) With respect to variety group 2 ol-ives, except the Obliza variety, the in-dividual fruits shall each weigh notless than 1/140 pound, except that

(i) For olives of the small size des-ignation, not more than 35 percent bycount, of such olives may weigh lessthan 1/140 pound each including notmore than 7 percent, by count, of sucholives that weigh less than 1/160 poundeach; and

(ii) For olives of any designation ex-cept the small size, not more than 5percent, by count, of such olives mayweigh less than 1/140 pound each;

(4) With respect to variety group 2 ol-ives of the Obliza variety, the individ-ual fruit shall each weigh not less than1/127 pound, except that

(i) For olives of the medium size des-ignation, not more than 35 percent, bycount, of such olives may weigh lessthan >1/127 pound each including notmore than 7 percent, by count, of sucholives that weigh less than 1/135 poundeach; and

(ii) For olives of any designation ex-cept the medium size, not more than 5percent, by count, of such olives mayweigh less than 1/127 pound each.

[31 FR 12635, Sept. 27, 1966, as amended at 33FR 15632, Oct. 23, 1968; 36 FR 24795, Dec. 23,1971; 48 FR 54212, Dec. 1, 1983; 52 FR 38224,Oct. 15, 1987; 52 FR 49346, Dec. 31, 1987; 57 FR36353, Aug. 13, 1992; 59 FR 38106, July 27, 1994;59 FR 55341, Nov. 7, 1994; 62 FR 1244, Jan. 9,1997]

§ 932.153 Establishment of minimumquality and size requirements forprocessed olives for limited uses.

(a) Minimum quality requirements. Onor after August 1, 1996, any handlermay use processed olives of the respec-tive variety group in the production oflimited use styles of canned ripe olivesif such olives were processed after July


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31, 1996, and meet the minimum qualityrequirements specified in § 932.52(a)(1)as modified by § 932.149.

(b) Sizes. On and after August 1, 1996,any handler may use processed olivesin the production of limited-use stylesof canned ripe olives if such olives wereharvested after August 1, 1996, andmeet the following requirements:

(1) The processed olives shall be iden-tified and kept separate and apart fromany olives harvested before August 1,1996.

(2) Variety Group 1 olives, except theAscolano, Barouni, or St. Agostino va-rieties, shall be of a size which individ-ually weigh at least 1⁄105 pound: Pro-vided, That no more than 35 percent ofthe olives in any lot or sublot may besmaller than 1⁄105 pound.

(3) Variety Group 1 olives of theAscolano, Barouni, or St. Agostino va-rieties shall be of a size which individ-ually weigh at least 1⁄180 pound: Pro-vided, That no more than 35 percent ofthe olives in any lot or sublot may besmaller than 1⁄180 pound.

(4) Variety Group 2 olives, except theObliza variety, shall be of a size whichindividually weigh at least 1⁄205 pound:Provided, That not to exceed 35 percentof the olives in any lot or sublot maybe smaller than 1⁄205 pound.

(5) Variety Group 2 olives of theObliza variety shall be of a size whichindividually weigh at least 1⁄180 pound:Provided, That not to exceed 35 percentof the olives in any lot or sublot maybe smaller than 1⁄180 pound.

[61 FR 40510, Aug. 5, 1996, as amended at 62FR 1244, Jan. 9, 1997]

§ 932.154 Handler transfer.(a) Except as hereinafter provided in

paragraph (b) of this section, FormCOC–6 ‘‘Report of Interhandler Trans-fer’’ shall be completed by the transfer-ing handler for all lots of processed,but not packaged, olives transferred toanother handler within the area andfor all lots and sublots of natural con-dition olives transferred to anotherhandler within the area or shipped todestinations outside the area exceptfresh market outlets. For natural con-dition and processed, but not packaged,olives transferred between handlerswithin the area, two completed copiesof said form, signed by the transferring

handler, shall accompany the lot orsublot to the receiving handler whoshall certify on both copies as to re-ceipt of the olives and forward onecopy to the committee within 10 daysfollowing receipt of the olives. For nat-ural condition olives transferred by ahandler to a destination outside thearea, except fresh market outlets, twocopies of said form shall be completedby the transferring handler with thewords Outside the Area included in theupper right corner of the form and onecopy shall be returned to the commit-tee within 10 days following transfer ofthe olives. The completed form shallcontain at least the following informa-tion: (1) Name and address of both thetransferor and transferee; (2) date oftransfer; (3) condition (natural, proc-essed but not packaged); (4) weight,number and size of each type of con-tainer; (5) variety; and (6) other identi-fication (undersize olives, culls, style,etc.).

(b) Undersize or cull olives that aretransferred from one handler to an-other and for which the transferringhandler desires credit toward satisfac-tion of his obligation under § 932.51(a)(2)need only be accompanied by two cop-ies of Form COC–5, report of limitedand undersize and cull olives inspectionand disposition: Provided, That suchtransfers are carried out under the su-pervision of the Inspection Service.

(c) No handler may ship any lot orsublot of natural condition olives to adestination outside the area, exceptfresh market outlets, unless such ol-ives have first been size-graded andmeet the disposition and holding re-quirements applicable under para-graphs (a)(2) and (4) of § 932.51. The sizeof such transferred olives shall be veri-fied, prior to transfer, by certificationissued to the transferring handler bythe appropriate inspection service(Federal or Federal-State InspectionService or the Processed ProductsBranch, USDA).

[31 FR 12636, Sept. 27, 1966, as amended at 36FR 24795, Dec. 23, 1971; 49 FR 34440, Aug. 31,1984; 49 FR 44448, Nov. 7, 1984]

§ 932.155 Special purpose shipments.(a) The disposition of packaged olives

covered by § 932.152(d) which are not re-processed in accordance therewith


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7 CFR Ch. IX (1–1–98 Edition)§ 932.159

shall be in conformity with the appli-cable provisions of this section.

(1) Under supervision of the Inspec-tion Service, such packaged olives maybe disposed of for use in the productionof olive oil or dumped.

(2) Such packaged olives may be dis-posed of to a charitable organizationfor use by such organization; and anyhandler who wishes to so dispose of ol-ives shall first file a written applica-tion with, and obtain written approvalthereof from, the committee. Eachsuch application shall contain at least:(i) The name and address of the handlerand the charitable organization; (ii)the physical location of the charitableorganization’s facilities; (iii) the quan-tity in cases, the variety, size, can size,and can code of the packaged olives;and (iv) a certification from the chari-table organization that such olives willbe used by the organization and willnot be sold.

(b) Prior to approval of any such ap-plication, the committee shall makesuch investigation as it deems nec-essary to verify the information there-in. The committee may deny any appli-cation if it finds that the required in-formation is incomplete or incorrect,or has reason to believe that the in-tended receiver is not a charitable or-ganization, or that the handler or theorganization has disposed of packagedolives contrary to a previously ap-proved application. The committeeshall notify the applicant and the orga-nization in writing of its approval, ordenial, of the application. Any such ap-proval shall continue in effect so longas the packaged olives covered therebyare disposed of consistent therewith.The committee shall notify the handlerand the organization of each such ter-mination of approval. The handlershall furnish the committee upon de-mand such evidence of disposition ofthe packaged olives covered by an ap-proved application as may be satisfac-tory to the committee.

(c) In accordance with the provisionsof §932.55(b), any handler may use proc-essed olives in the production of pack-aged olives for repackaging, and shippackaged olives for repackaging, if thepackaged olives meet the minimumquality requirements, except for the re-quirement that the packaged olives

possess a reasonably good flavor: Pro-vided, That the failure to possess a rea-sonably good flavor is due only to ex-cessive sodium chloride.

[33 FR 15632, Oct. 23, 1968, as amended at 39FR 38221, Oct. 30, 1974; 62 FR 1244, Jan. 9,1997]

§ 932.159 Reallocation of handler mem-bership.

Pursuant to § 932.25, handler represen-tation on the committee is reallocatedto provide that two members shall rep-resent cooperative marketing organiza-tions and six members shall representhandlers who are not cooperative mar-keting organizations.

[58 FR 28340, May 13, 1993]

§ 932.160 Modification of provisionsrelative to handler nominees.

Pursuant to § 932.25 the nominationprocedure set forth in § 932.29(b) ismodified to provide that no more thantwo nominees for member and twonominees for alternate member posi-tions on the committee may be affili-ated with the same handler.

[39 FR 37762, Oct. 24, 1974]

§ 932.161 Reports.

(a) Reports of olives received. Eachhandler shall submit to the committee,on a form provided by the committee,for each week (Sunday through Satur-day, or such other 7-day period forwhich the handler has submitted a re-quest and received approval from thecommittee) and not later than thefourth day after the close of such week,a report showing by size designationand culls the respective quantities ofeach variety of olives received. In addi-tion thereto, he shall also report theseasonal totals to date of the report.

(b) Sales reports. (1) Each handlershall submit to the committee, on COCForm 21 as provided by the committee,for each month and not later than the15th day following the end of thatmonth, a report showing the handler’stotal sales of packaged olives to com-mercial outlets in the United States, togovernmental agencies, and to foreigncountries. Such sales shall be reportedin the following categories:


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(i) Whole and whole pitted styles ofcanned ripe olives in consumer sizecontainers;

(ii) Whole and whole pitted styles ofcanned ripe olives in institutional sizecontainers;

(iii) Chopped style of canned ripe ol-ives in all types of containers; and

(iv) Halved, segmented (wedged), andsliced styles of canned ripe olives in alltypes of containers.The quantity in each category shall bereported in terms of the equivalentnumber of cases of 24 No. 300 (300×407)size cans.

(2) Each handler shall submit to thecommittee, on a form provided by thecommittee, for each month and notmore than 15 days after the end of suchmonth, a report showing the totalquantity of packaged olives of the ripeand green ripe types sold during themonth. Such reports shall include thefollowing information, as applicable:

(i) With respect to the whole, pitted,and broken pitted styles of packagedolives of the ripe or green ripe type,each style shall be reported separatelyon COC Form 29a in terms of the quan-tity of each size of olives as designatedon the form. Such quantity, or quan-tities, shall be reported in terms of thetotal amount packaged in each of thecontainer sizes listed on said form ex-cept that the committee may requiresuch reporting in terms of the equiva-lent number of cases of 24 No. 300 (300x 407) size cans. Each handler shall re-port separately the total monthly salesof packaged olives of the green ripetype.

(ii) Limited use styles of packagedolives of the ripe or green ripe typeshall be reported in terms of the quan-tity of each style packaged in each ofthe container sizes listed on COC Form29b except that the committee may re-quire such reporting in terms of theequivalent number of cases of 24 No. 300(300 x 407) size cans.

(c) Report of handler’s utilization oflimited size olives. Each handler shallsubmit to the committee, on a formprovided by the committee, upon com-pletion of the handler’s canning season,but not later than August 1st of eachcrop year, a report showing the quan-tities of limited canning size olivesused in (1) halved; (2) segmented

(wedged); (3) sliced; (4) chopped; (5)acidified; (6) Spanish olives; (7) Sicilianstyle olives; (8) Greek style olives; (9)olive oil; (10) olives dumped; and (11)any other use (specify such use).

(d) Packaged olive inventory reports.Each handler shall submit an inven-tory report to the committee, on aform provided by the committee, notlater than the 15th day of each monthshowing the total quantity of packagedolives of the ripe and green ripe typesheld in storage at all locations on thelast day of the preceding month. Suchreports shall contain the following in-formation, as applicable:

(1) With respect to the whole, pitted,and broken pitted styles of packagedripe or green ripe type olives, eachstyle shall be reported separately onCOC Form 27a in terms of the packagedquantity of each size designated on theform. Such quantity, or quantities,shall be reported in terms of the totalamount packaged in each of the con-tainer sizes listed on said form exceptthat the committee may require suchreporting in terms of the equivalentnumber of cases of 24 No. 300 (300 x 407)size cans. Each handler shall reportseparately the total quantity of anypackaged olives of the green ripe typeheld in storage at all locations.

(2) Halved, sliced, segmented(wedged), and chopped styles of pack-aged olives of the ripe or green ripetype shall be reported in terms of thequantity of each style packaged ineach of the container sizes listed onCOC Form 27b except that the commit-tee may require such reporting interms of the equivalent number ofcases of 24 No. 300 (300×407) size cans.

(e) Processed olive bulk inventory re-ports. Each handler shall submit an in-ventory report to the committee, on aform provided by the committee, notlater than the 15th day of each monthshowing the total quantity of processedolives of the ripe and green ripe typesheld in bulk storage at all locations onthe last day of the preceding month.Such reports shall contain the follow-ing information, as applicable:

(1) The total tonnage of processed ol-ives of the ripe and green ripe types,held in storage by the handler, whichare of any size that may be used in theproduction of packaged olives of the


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7 CFR Ch. IX (1–1–98 Edition)§ 932.230

whole or the pitted styles shall be re-ported on COC Form 27c in terms of thetotal quantity of each size designatedon the form.

(2) The total tonnage of processed ol-ives of the ripe and green ripe types,held in storage by the handler, whichare of sizes that may be used in theproduction of packaged olives of thehalved, sliced, segmented (wedged), orchopped style shall be reported on COCForm 27b.

(f) Packout reports. Each handler shallsubmit to the committee, on a formprovided by the committee, for eachmonth and not more than 15 days afterthe end of such month, a report show-ing the total production of packagedolives of the ripe and green ripe types.Such reports shall include the follow-ing information, as applicable:

(1) With respect to the whole, pitted,and broken pitted styles of packagedolives of the ripe or the green ripetypes, each style shall be reported sep-arately on COC Form 28a in terms ofthe total quantity of each size of olivesas designated on the form. Such quan-tity, or quantities, shall be reported interms of the total amount packaged ineach of the container sizes listed onsaid form except that the committeemay require such reporting in terms ofthe equivalent number of cases of 24No. 300 (300×407) size cans. Each handlershall report separately the totalmonthly production of packaged olivesof the green ripe type.

(2) Halved, sliced, segmented(wedged), and chopped styles of pack-aged olives of the ripe or green ripetype shall be reported in terms of thequantity of each style packaged ineach of the container sizes listed onCOC Form 28b except that the commit-tee may require such reporting intermsof the equivalent number of cases of 24No. 300 (300×407) size cans.

[33 FR 15632, Oct. 23, 1968, as amended at 36FR 24795, Dec. 23, 1971; 47 FR 13118, Mar. 29,1982; 49 FR 34440, 34441, Aug. 31, 1984; 49 FR44448, Nov. 7, 1984]

Subpart—Assessment Rates

§ 932.230 Assessment rate.

On and after January 1, 1997, an as-sessment rate of $14.99 per ton is estab-

lished for assessable olives grown inCalifornia.

[62 FR 2550, Jan. 17, 1997]

EDITORIAL NOTE: After January 1, 1979,‘‘Budget of Expenses and Rate of Assess-ment’’ regulations (e.g., sections .200through .299) and ‘‘Handling’’ regulations(e.g., sections .300 through .399) which are ineffect for a year or less, will not be carriedin the Code of Federal Regulations. For FED-ERAL REGISTER citations affecting these reg-ulations, see the ‘‘List of CFR Sections Af-fected’’ in the Finding Aids section of thisvolume.

PART 944—FRUITS; IMPORTREGULATIONS

Sec.944.28 Avocado Import Grade Regulation.944.31 Avocado import maturity regulation.944.106 Grapefruit import regulation.944.209 Lime Import Regulation 10.944.312 Orange import regulation.944.350 Safeguard procedures for avocados,

grapefruit, kiwifruit, limes, olives, or-anges, prune variety plums (freshprunes), and table grapes, exempt fromgrade, size, quality, and maturity re-quirements.

944.400 Designated inspection services andprocedure for obtaining inspection andcertification of imported avocados,grapefruit, kiwifruit, limes, oranges,prune variety plums (fresh prunes), andtable grapes regulated under section 8e ofthe Agricultural Marketing AgreementAct of 1937, as amended.

944.401 Olive Regulation 1.944.503 Table Grape Import Regulation 4.944.550 Kiwifruit import regulation.944.700 Fresh prune import regulation.

AUTHORITY: 7 U.S.C. 601–674.

EDITORIAL NOTE: After January 1, 1979, Im-port regulations which are in effect for ayear or less, will not be carried in the Codeof Federal Regulations. For FEDERAL REG-ISTER citations affecting these regulations,see the ‘‘List of CFR Sections Affected’’ inthe Finding Aids section of this volume.

§ 944.28 Avocado Import Grade Regu-lation.

(a) Pursuant to section 8e of the actand Part 944-Fruits; Import Regula-tions, the importation into the UnitedStates of any avocados is prohibited onand after May 28, 1985, unless such avo-cados grade at least U.S. No. 2, as suchgrade is defined in the United StatesStandards for Florida Avocados (7 CFR


§931.231 7 cfr ch. ix (1–1–98 edition) · pdf filewest fresh bartlett...

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