[Federal Register: August 2, 2005 (Volume 70, Number 147)]
[Rules and Regulations]
[Page 44252-44256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au05-6]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Docket No. FV05-946-2 FR]
Irish Potatoes Grown in Washington; Modification of Special
Purpose Shipment Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule modifies the special purpose shipment regulations
currently prescribed under the Washington potato marketing order. The
marketing order regulates the handling of Irish potatoes grown in
Washington, and is administered locally by the State of Washington
Potato Committee (Committee). This rule modifies the reporting
requirements, procedures, and safeguard provisions for making certain
special purpose potato shipments. Under the marketing order, such
special purpose shipments may be exempted from the quality, assessment,
or inspection requirements. The changes include removal of the special
purpose exemption for exported potatoes, clarification of the reporting
procedures for potatoes diverted to processing, and addition of
safeguard provisions for shipments of seed potatoes and shipments to
charitable organizations. These changes will help facilitate special
purpose shipments, while enhancing the Committee's compliance program.
DATES: This final rule becomes effective August 3, 2005.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson, Marketing
Specialist, Northwest Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW
Third Avenue, Suite 385, Portland, Oregon 97204; Telephone: (503) 326-
2724, Fax: (503) 326-7440; or George Kelhart, Technical Advisor,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Agreement No. 113 and Marketing Order No. 946, both as amended (7 CFR
part 946), regulating the handling of Irish potatoes grown in
Washington, hereinafter referred to as the ``order.'' The order is
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This final rule modifies the special purpose shipment regulations
prescribed under the order. This rule modifies the reporting
requirements, procedures, and safeguard provisions for making certain
special purpose potato shipments. Under the marketing order, such
special purpose shipments may be exempt from the quality, assessment,
or inspection requirements. The modifications were recommended
unanimously by the Committee at a meeting on February 3, 2005.
[[Page 44253]]
Section 946.52 of the order authorizes the establishment of grade,
size, quality, maturity, and pack regulations for any variety or
varieties of potatoes grown in the production area. Section 946.51
further authorizes the modification, suspension, or termination of
regulations issued under Sec. 946.52. Section 946.60 provides that
whenever potatoes are regulated pursuant to Sec. 946.52 such potatoes
must be inspected by the Federal-State Inspection Service, and
certified as meeting the applicable requirements of such regulations.
Section 946.54 authorizes the modification, suspension, or termination
of any or all regulations to facilitate shipments of potatoes for
specified purposes. Section 946.55 authorizes safeguard requirements
for shipments authorized pursuant to Sec. 946.54.
Section 946.120 of the order's administrative rules specifies the
application process required when potatoes are shipped for special
purposes pursuant to Sec. 946.54. Section 946.336 of the order's
administrative rules prescribes the quality, maturity, cleanness, pack,
special purpose shipments, safeguards, minimum quantity exemption, and
inspection requirements for all fresh market Washington potatoes,
except for blue or purple flesh varieties of potatoes. Section
946.336(d) lists the types of special purpose shipments and the minimum
grade, size, cleanness, maturity, pack, assessment, and inspection
requirements from which such shipments are exempted. Finally, Sec.
946.336(e) prescribes the safeguard requirements that handlers must
meet to make the special purpose shipments specified under Sec.
946.336(d).
At its meeting on June 17, 2004, the Committee appointed a
subcommittee to review the order's handling regulations. The
subcommittee subsequently met on November 22, 2004, and while reviewing
the regulations, identified several potential changes to the special
purpose shipment procedures, safeguard requirements, and reporting
requirements. These changes were further discussed and ratified at an
Executive Committee meeting on January 20, 2005, and subsequently
recommended to the full Committee at its February 3, 2005, meeting in
Moses Lake, Washington.
At this meeting, the Committee unanimously adopted the subcommittee
recommendations which entailed modifications to Sec. 946.120
Application, Sec. 946.336(d) Special Purpose Shipments, and Sec.
946.336(e) Safeguards. To conform to the regulatory modifications, as
well as to ensure consistency in the administration of the special
purpose procedures, the Committee also recommended that the ``Shippers
Application for Special Purpose Certificate'' (Application) and
``Special Purpose Certificate Report'' (Report) forms be updated.
Procedures in effect prior to this final rule required that each
handler apply annually to the Committee for a Special Purpose Shipment
Certificate if planning to make certain specified special purpose
shipments. In addition, based on the safeguard provisions under each of
the special purpose shipment requirements, each handler and receiver of
special purpose potatoes may or may not have been required to submit a
report to the Committee for each such shipment depending upon the
specific provision. This rule not only clarifies these procedures by
making them consistent throughout the rules and regulations, but also
changes certain provisions in order to be consistent with the
Committee's current operating preferences.
For example, under the procedures in effect prior to this action,
any handler desiring to divert potatoes for livestock feed was required
to apply for a Special Purpose Shipment Certificate, but was not
required to follow up with a report to the Committee indicating the
actual quantity diverted. To bring the regulations in line with the
Committee's recommendation, this rule changes the procedures so that
neither an Application nor a Report are required when diverting
potatoes to livestock feed.
Although it varies from one special purpose shipment to another, in
most cases handlers of special purpose potatoes are the producers of
the potatoes and most receivers are the processors.
Currently, about 85 percent of the Washington potato crop is
produced for the processing market. Further, the majority of these
processing potatoes are produced specifically for the frozen French fry
market, with most of the processing taking place locally within the
state. This has been a steadily increasing trend ever since the fast-
food restaurant business began requiring an ever increasing portion of
the potato crop. Because a majority of the Washington potato crop is
diverted to a special purpose category, the Committee believes that the
paperwork burden on handlers and receivers can be reduced by obtaining
the information needed to ensure compliance with the order from
alternative sources.
The Committee contracts with the Washington State Potato Commission
(Commission) for its administrative services. Each processor within the
State of Washington provides reports to the Commission indicating the
quantity of potatoes received and processed, per producer. By entering
into an agreement with the Commission, the Committee will be able to
obtain all of the information it needs from this processor-generated
report and neither Washington processors nor grower/handlers of
processed potatoes will have to complete and return the Report to the
Committee. This action will significantly reduce the paperwork burden
on any person or entity previously required to submit reports on the
volume of processing potatoes shipped, received, and processed.
Processors outside of Washington, however, will generally continue to
complete and submit the Report form to the Committee unless specific
alternative reporting procedures can also be implemented as authorized
by this action.
To reduce the paperwork burden and more efficiently utilize
procedures already in place, the Committee's recommendation changes the
safeguard procedures for shipments of canning, freezing, or ``other
processing'' potatoes so that handlers may provide shipment information
in a format other than through the conventional Committee Report form.
To accomplish this, language in Sec. 946.336(e)(3)(iii) is changed
from ``Upon request by the Committee, furnish reports of each shipment
pursuant to the applicable Special Purpose Certificate'', to ``Upon
request by the Committee, furnish reports, or cause reports to be
furnished, of each shipment pursuant to the applicable Special Purpose
Certificate''. The Committee believes that the language change will
streamline the reporting procedures while clarifying its ability to
obtain information from alternative sources to verify compliance and
proper potato disposition.
The Committee also recommended changing Sec. 946.336(d)(vi) and
Sec. 946.336(e)(iii), which detail the procedures and reporting
requirements for potatoes shipped to locations other than the immediate
area of production for grading or temporary storage prior to marketing.
The regulations in effect prior to the finalization of this rule
required that handlers shipping potatoes for the purposes of grading or
storing to Morrow or Umatilla Counties in Oregon, or to District No. 5
or to Spokane County in District No. 1 (part of the regulated
production area), submit an annual Application form and to subsequently
report each shipment that is diverted to one of the other special
purposes (or to cause an inspection
[[Page 44254]]
certificate to be issued if shipped into the fresh market). Potatoes
shipped under this provision are exempt from the quality and inspection
requirements until such potatoes are subsequently sold in the fresh
market or diverted for any special purpose shipment.
Section 946.7 of the order authorizes, free of regulation, the
transportation of ungraded potatoes within the production area for the
purpose of having such potatoes prepared for market or stored. Since
Sec. 946.7 already provides the necessary authority for transporting
potatoes within the production area free from regulation, the Committee
recommended that the reference to ``District No. 5'' and to ``Spokane
County in District No. 1'' be removed from Sec. Sec. 946.336(d)(1)(vi)
and 946.336(e)(2). Reference to these two districts was already absent
from the language that refers to this special purpose in Sec. 946.120.
The specific authority for shipping potatoes to Umatilla and Morrow
Counties in Oregon for special purposes is in Sec. 946.54.
The Committee also reviewed the special purpose procedures for
handling potatoes for export. The regulations in effect prior to this
rule exempted potatoes for export from the quality and inspection
requirements of the order, with the exception that potatoes packed in
cartons grade at U.S. No. 1 or better. However, since most importing
countries require a quality product, it has been common industry
practice to have potatoes for export inspected for quality regardless
of this exemption. The Committee believes that all Washington potatoes
entering the export market should meet the minimum quality, cleanness,
maturity, pack, and inspection requirements of the order, and that the
regulations conform with industry practice. Therefore, the Committee
recommended that potatoes for export no longer be included as a special
purpose shipment exemption.
This change requires removal of Sec. Sec. 946.120(a)(2),
946.336(d)(1)(vii), and 946.336(e)(5) from the order's rules and
regulations. With export removed as a special purpose exemption,
paragraphs (a)(3), (a)(4), and (a)(5) in Sec. 946.120 are redesignated
as paragraphs (a)(2), (a)(3), and (a)(4), respectively. Similarly,
paragraphs (d)(1)(viii) and (e)(6) in Sec. 946.336 are redesignated as
Sec. Sec. 946.336(d)(1)(vii) and 946.336(e)(5), respectively. Finally,
Sec. 946.336(d)(2) is revised to reflect these modifications and to
correct an existing typographical error.
Sections 946.336(d)(1)(i) and 946.336 (d)(2) of the handling
regulations exempt potatoes shipped for livestock feed from the
quality, assessment, and inspection requirements of the order. However,
there were no corresponding reporting requirements or safeguard
provisions specified under Sec. Sec. 946.120 or 946.336(e) for such
shipments, although the Application form contained a check box for
livestock feed. Because potatoes that are diverted to livestock feed
are generally culls and thus unfit for any other market, the Committee
believes such shipments should remain exempt from the quality,
inspection, and assessment requirements of the order and that handlers
should not be required to submit the Application or Report forms for
such shipments.
The Committee thus recommended adding a new paragraph (e)(6) to
Sec. 946.336 (Safeguards) to clarify that handlers diverting potatoes
to livestock feed are not required to submit the Application and Report
forms. This change also potentially reduces the reporting burden on
handlers and receivers of such potatoes.
The Committee recommendation also included changes to the
procedures used for tracking potatoes shipped for charity. Potatoes
shipped for charity are exempt from the quality, assessment, and
inspection requirements. However, there were no safeguard or reporting
requirements delineated in Sec. 946.336. The Committee believes it is
important to have reporting requirements to safeguard such shipments,
and thus recommended adding a new paragraph (e)(7) to Sec. 946.336
(Safeguards) to require that handlers shipping potatoes for charity
submit both the Application and Report forms. Because the Committee
believes that small gifts to charity should be encouraged, the
safeguard and reporting requirements are changed to also specify that
charitable contributions of 1,000 pounds or less are exempt from the
application and reporting requirements. This will make diverting
potatoes a less burdensome process for handlers. A conforming change
noting the 1,000 pound provision is also being made to Sec.
946.120(a)(1).
The additions to the special purpose shipment procedures for
charitable contributions further specify that any handler of potatoes
being diverted to charity also informs the recipient that the gift
cannot be resold or otherwise placed into commercial market channels.
The Committee also recommended modifications to the special purpose
shipment exemption for seed potato shipments. Section
946.336(d)(1)(iii) provides for an exemption from the quality,
assessment, and inspection requirements of the order for potatoes
handled for seed. Although there were not any safeguard provisions or
reporting requirements outlined in either Sec. 946.120 or Sec.
946.336, the previous version of the Application form contained a check
box for handlers to mark when applying for a Special Purpose Shipment
Certificate. However, after discussing the seed potato issue, the
subcommittee's recommendation to the full Committee was to add
authorization to require a Report from handlers, but not to require an
Application form. The actual recommendation will add a new paragraph
(e)(8) to Sec. 946.336 (Safeguards) stating that handlers shipping
potatoes for seed must furnish, at the request of the Committee, a
report from handlers on the total volume of seed potatoes handled.
Seed potato handlers are almost always the producer of such
potatoes, and generally only produce potatoes for seed. As such, the
Committee does not want to require seed potato handlers to apply for a
Special Purpose Certificate, but for statistical purposes, wanted to
have a procedure in place for the submission of periodic reports.
Although potatoes produced for seed are traditionally segregated from
potatoes produced for other markets by the very nature of the cultural
practices used by farmers and by the various state and federal seed
regulations in place, the Committee believes this change will add
clarity to the special purpose regulations.
The final change recommended by the Committee relates to Sec.
946.336(g) Inspection. Language in this paragraph had referenced a form
which is no longer issued by the Federal-State Inspection Service. This
form had at one time been issued by the inspection service for
accompaniment with any bulk-load potato shipments not relieved by any
of the special purpose or minimum quantity exemptions of the order.
Since such potato shipments require inspection under the order's
provisions and thus should be accompanied by a valid inspection
certificate, the Committee recommended removing the sentence from Sec.
946.336(g) that refers to the ``Shipping Clearance Report'' form.
To ensure conformity with Sec. 946.336, Sec. 946.120 is updated
by removing reference to the special purpose use ``export'', and adding
reference to the special purpose use ``canning, freezing, and other
processing''. Furthermore, as previously noted, a proviso is added to
paragraph (1) of Sec. 946.120 stating that charitable shipments of
1,000 pounds or less are exempt from the application process. Also, as
noted earlier, minor
[[Page 44255]]
conforming changes have been made to the Committee's Application and
Report forms.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. Accordingly, AMS has
prepared this final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 51 handlers of Washington potatoes who are
subject to regulation under the marketing order and approximately 272
potato producers in the regulated area. Small agricultural service
firms are defined by the Small Business Administration (13 CFR 121.201)
as those having annual receipts of less than $6,000,000, and small
agricultural producers are defined as those having annual receipts of
less than $750,000.
During the 2003-2004 marketing year 10,652,495 hundredweight of
Washington potatoes were inspected under the order and sold into the
fresh market. Based on an estimated average f.o.b. price of $7.45 per
hundredweight, the Committee estimates that 48 handlers, or about 94
percent, had annual receipts of less than $6,000,000.
In addition, based on information provided by the National
Agricultural Statistics Service, the average producer price for
Washington potatoes for the 2003 marketing year (the most recent period
that final statistics are available) was $5.25 per hundredweight. The
average annual producer revenue for each of the 272 Washington potato
producers is therefore calculated to be approximately $205,609. In view
of the foregoing, the majority of the Washington potato producers and
handlers may be classified as small entities.
This rule modifies the reporting requirements, procedures, and
safeguard provisions for making certain special purpose potato
shipments as prescribed under Sec. Sec. 946.120, 946.336(d) and
946.336(e) of the order. The Committee recommended several changes to
the order's special purpose regulations, and conforming changes to the
Application and Report forms. These changes will help facilitate the
marketing of certain types of potato shipments, while also enhancing
the Committee's compliance efforts. The authority for the special
purpose shipments and safeguard requirements is provided in Sec. Sec.
946.54 and 946.55, respectively, of the order.
The Committee believes that these changes will minimally impact
handlers and producers in terms of cost. While there are some changes
that could require a few handlers of exported potatoes to undergo
inspections when they may not have previously, most of the changes will
actually lessen the regulatory and reporting burden on the industry
while clarifying the special purpose shipment reporting and safeguard
requirements.
During its review of the handling regulations, the subcommittee
discussed alternatives to these changes, and felt that the recommended
changes adequately met the Committee's originally stated goals of
reviewing and, if necessary, fine tuning the special purpose
regulations. The Committee reviewed the subcommittee's recommendation
carefully and unanimously concurred that, to facilitate the handling of
special purpose shipments and to enhance its compliance program
specific to such shipments, the changes would effectively improve its
administration of the special purpose shipment exemptions.
This rule modifies the reporting requirements, procedures, and
safeguard provisions for making certain special purpose potato
shipments. Under the order, such special purpose shipments may be
exempt from the quality, assessment, or inspection requirements. The
modified regulations clarify and update the procedures handlers must
follow to qualify for the special purpose exemptions. As previously
noted, minor conforming changes have subsequently been made to two of
the Committee's forms, the ``Shippers Application for Special Purpose
Certificate'', and the ``Special Purpose Shipment Report''.
Accordingly, this action will not impose any additional reporting or
recordkeeping requirements on either small or large potato handlers.
This information collection burden has been previously approved by the
Office of Management and Budget (OMB) under OMB No. 0581-0178,
Vegetable and Specialty Crops Marketing Orders. As with all Federal
marketing order programs, reports and forms are periodically reviewed
to reduce information requirements and duplication by industry and
public sector agencies.
As noted in the initial regulatory flexibility analysis, USDA has
not identified any relevant Federal rules that duplicate, overlap or
conflict with this final rule.
In addition, the Committee's meeting was widely publicized
throughout the Washington potato industry and all interested persons
were invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the February
3, 2005, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
A proposed rule concerning this action was published in the Federal
Register on May 16, 2005 (70 FR 25790). Copies of the rule were mailed
or sent via facsimile transmission to all Committee members and
handlers. Finally, the rule was made available through the Internet by
USDA and the Office of the Federal Register. A 30-day comment period
ending June 15, 2005, was provided to allow interested persons to
respond to the proposal. One response was received during that period.
However, that response did not address the substance of this rule.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html.
Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant matter presented, including the
information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
It is further found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553) because: (1) The Committee and
Washington potato industry handlers want to take advantage of these
regulatory improvements as soon as possible; (2) the Committee
unanimously recommended these changes at a public meeting and all
interested parties had an opportunity to provide input; and (3)
handlers are aware of this action and are ready to operate under the
changed procedures. Also, a 30-day comment period was provided for in
the proposed rule and a response not relevant to the proposed rule was
received.
[[Page 44256]]
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 946 is amended as
follows:
PART 946--IRISH POTATOES GROWN IN WASHINGTON
0
1. The authority citation for 7 CFR part 946 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. In Sec. 946.120, paragraph (a) is revised to read as follows:
Sec. 946.120 Application.
(a) Whenever shipments for special purposes pursuant to Sec.
946.54 are relieved in whole or in part from regulations issued under
Sec. 946.52, each handler desiring to make shipments of potatoes for
the following purposes shall submit an application to the committee,
prior to initiating such shipments, for a special purpose certificate
permitting such shipments:
(1) Charity: Provided, That handlers making shipments for charity
of 1,000 pounds or less are exempt from these application requirements;
(2) Prepeeling;
(3) Canning, freezing, and ``other processing'';
(4) Grading or storing at any specified location in Morrow or
Umatilla Counties in the State of Oregon; and
(5) Experimentation.
* * * * *
0
3. Section 946.336 is amended by:
0
A. Revising paragraph (d)(1)(vi);
0
B. Removing paragraph (d)(1)(vii);
0
C. Redesignating paragraph (d)(1)(viii) as paragraph (d)(1)(vii);
0
D. Revising paragraph (d)(2);
0
E. Revising the introductory text of paragraph (e)(2);
0
F. Revising paragraph (e)(3)(iii);
0
G. Removing paragraph (e)(5);
0
H. Redesignating paragraph (e)(6) as paragraph (e)(5);
0
I. Adding a new paragraph (e)(6), (e)(7), and (e)(8); and
0
J. Revising paragraph (g)(1) to read as follows:
Sec. 946.336 Handling regulation.
* * * * *
(d) * * *
(1) * * *
(vi) Grading or storing at any specified location in Morrow or
Umatilla Counties in the State of Oregon;
* * * * *
(2) Shipments of potatoes for the purposes specified in paragraphs
(d)(1)(i) through (vii) of this section shall be exempt from the
inspection requirements specified in paragraph (g) of this section,
except that shipments pursuant to paragraph (d)(1)(vi) of this section
shall comply with the inspection requirements of paragraph (e)(2) of
this section. Shipments specified in paragraphs (d)(1)(i), (ii), (iii),
(v) and (vii) of this section shall be exempt from assessment
requirements as specified in Sec. 946.248 and established pursuant to
Sec. 946.41
(e) * * *
(2) Handlers desiring to ship potatoes for grading or storing to
any specified location in Morrow or Umatilla Counties in the State of
Oregon shall:
* * * * *
(3) * * *
(iii) Upon request by the committee, furnish reports, or cause
reports to be furnished, for each shipment pursuant to the applicable
Special Purpose Certificate;
* * * * *
(6) Handlers diverting potatoes to livestock feed are not required
to apply for a Special Purpose Certificate nor report such shipments to
the committee.
(7) Each handler desiring to make shipments of potatoes for charity
shall:
(i) First apply to the committee for, and obtain, a Special Purpose
Certificate for the purpose of making shipments for charity: Provided,
That shipments for charity of 1,000 pounds or less are exempt from the
application and reporting requirements: And provided further, That
potatoes previously graded, assessed, and inspected in preparation for
shipment to the fresh market are exempt from the application and
reporting requirements.
(ii) Each handler shipping potatoes to charity must inform the
recipient that the potatoes cannot be resold or otherwise placed in
commercial market channels.
(8) Each handler making shipments of seed potatoes shall furnish,
at the request of the committee, reports on the total volume of seed
potatoes handled.
* * * * *
(g) * * *
(1) Except when relieved by paragraphs (d) or (f) of this section,
no person may handle any potatoes unless a Federal-State Inspection
Notesheet or certificate covering them has been issued by an authorized
representative of the Federal-State Inspection Service and the document
is valid at the time of shipment.
* * * * *
Dated: July 27, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-15170 Filed 8-1-05; 8:45 am]
BILLING CODE 3410-02-U