[Federal Register: May 16, 2005 (Volume 70, Number 93)]
[Proposed Rules]
[Page 25790-25794]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my05-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 25790]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Docket No. FV05-946-2 PR]
Irish Potatoes Grown in Washington; Modification of Special
Purpose Shipment Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule invites comments on modifications to 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 would
modify 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,
clarify the reporting procedures for potatoes diverted to processing,
and add safeguard provisions for shipments of seed potatoes and
shipments to charitable organizations. These changes would help
facilitate special purpose shipments, while enhancing the Committee's
compliance program.
DATES: Comments must be received by June 15, 2005.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; e-mail: moab.docketclerk@usda.gov; or
Internet: http://www.regulations.gov. All comments should reference the
docket number and the date and page number of this issue of the Federal
Register and will be made available for public inspection in the Office
of the Docket Clerk during regular business hours, or can be viewed at:
http://www.ams.usda.gov/fv/moab.html.
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 proposal 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 proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This proposal would 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 proposed rule invites comments on modifications to the special
purpose shipment regulations currently prescribed under the order. This
rule would modify 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.
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,
[[Page 25791]]
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 proposed 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 proposed 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.
The current procedures require that each handler apply annually to
the Committee for a Special Purpose Shipment Certificate if planning to
make special purpose shipments. In addition, based on the current
provisions under each of the special purpose shipment requirements,
each handler and receiver of special purpose potatoes may be required
to submit a Report to the Committee for each such shipment.
Under current procedures, for example, any handler desiring to
divert potatoes for livestock feed must apply for a Special Purpose
Shipment Certificate, but would not be required to follow up with a
report to the committee indicating the actual quantity diverted.
Similarly, a handler opting to take advantage of the provisions that
allow uninspected bulk potatoes to leave the State of Washington for
grading or storing in Morrow or Umatilla Counties in Oregon, must
complete and submit the Committee's Application for a Special Purpose
Shipment Certificate to the Committee. If these potatoes were later
diverted to processing, a Report would be required from both the
handler and the processor. If, however, the potatoes were inspected and
shipped into the fresh market, a Report would not be required because
the Committee is apprised of the shipment via the inspection
certificate received from the Federal-State Inspection Service.
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.
In recent years, about 85 percent of the Washington potato crop is
produced for processing. Most of this amount is produced specifically
for the frozen French fry market, with 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 it needs to reduce the paperwork burden on handlers
and receivers by obtaining the information it needs to ensure
compliance with the order from alternative sources.
The Committee contracts with the Washington State Potato Commission
(Commission) for it 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 could receive all
of the information it needs on the processor generated report and would
not require processors to complete and return the Committee's processor
form. This would significantly reduce the paperwork burden on any
person or entity currently required to submit reports on the volume of
processing potatoes shipped, received, and processed.
To achieve this, the Committee recommended changing 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. Under this
proposal, this would be accomplished by changing Sec.
946.336(e)(3)(iii) 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 proposed language change would streamline the reporting procedures
while clarifying its ability to obtain the information it needs from
alternative sources to verify compliance and proper 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 current regulations require 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 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 is in Sec. 946.54.
The Committee also reviewed the current special purpose procedures
for handling potatoes for export. Currently, potatoes for export are
exempt from the quality and inspection requirements of the order,
except that potatoes packed in cartons must be U.S. No. 1 grade or
better. Largely because most importing countries require a quality
product, it has been common industry practice to
[[Page 25792]]
have potatoes for export inspected for quality. 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 would require 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 would be
redesignated as paragraphs (a)(2), (a)(3), and (a)(4), respectively.
Similarly, paragraphs (d)(1)(viii) and (e)(6) in Sec. 946.336 would be
redesignated as Sec. Sec. 946.336(d)(1)(vii) and 946.336(e)(5),
respectively. Finally, Sec. 946.336(d)(2) would be 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 are no corresponding reporting requirements or safeguard
provisions specified under Sec. Sec. 946.120 or 946.336(e) for such
shipments, although the Application form contains 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 would not be required to submit the Application and
Report forms. This change would also have the potential of reducing the
reporting burden on handlers and receivers of such potatoes.
The Committee recommendation also includes proposed changes to the
procedures used for tracking potatoes shipped for charity. Currently,
potatoes shipped for charity are exempt from the quality, assessment,
and inspection requirements. However, there are currently 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 proposed safeguard and reporting requirements would also specify
that charitable contributions of 1,000 pounds or less would be exempt
from the application and reporting requirements. This would make
diverting potatoes a much less burdensome process for handlers. A
conforming change noting the 1,000 pound provision would also be made
to Sec. 946.120(a)(1).
The proposed additions to the special purpose shipment procedures
for charitable contributions would further specify that the handler of
potatoes being diverted to charity would inform 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. Currently, Sec.
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 are not any safeguard provisions or
reporting requirements outlined in either Sec. 946.120 or Sec.
946.336, the current Application form contains 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 require a Report from
handlers, but not to require an Application form. The actual
recommendation would 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, would like
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 proposed change would
add necessary clarity to the special purpose regulations.
The final change recommended by the Committee relates to Sec.
946.336(g) Inspection. Language in this paragraph currently references
a form which is no longer issued by the Federal-State Inspection
Service. The 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 would be
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
would be added to paragraph (1) of Sec. 946.120 stating that
charitable shipments of 1,000 pounds or less would be exempt from the
application process. Also, as noted earlier, minor conforming changes
would be made to the Committee's Application and Report forms.
Initial 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 initial 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
[[Page 25793]]
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 would modify 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 would 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 proposed changes would, at the
most, 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 would 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 proposed changes, and felt that its
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 proposed herein would
effectively improve its administration of the special purpose shipment
exemptions.
This proposed rule would modify 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. Modifying these regulations would clarify and update the
procedures handlers must follow to qualify for the special purpose
exemptions. Minor conforming changes would subsequently be made to two
of the Committee's forms, the ``Shippers Application for Special
Purpose Certificate'', and the ``Special Purpose Shipment Report''.
Accordingly, this action would 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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this proposed 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. Finally, interested
persons are invited to submit information on the regulatory and
informational impacts of this action on small businesses.
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.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. Thirty days is deemed appropriate because:
(1) Any changes resulting from this proposed rule should be effective
at the beginning of the Washington potato shipping season (July 1); (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 want to take advantage of these
improvements as soon as possible. All written comments timely received
will be considered before a final determination is made on this matter.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 946 is
proposed to be amended as follows:
PART 946--IRISH POTATOES GROWN IN WASHINGTON
1. The authority citation for 7 CFR part 946 continues to read as
follows:
Authority: 7 U.S.C. 601-674
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.
* * * * *
3. Section 946.336 is amended by:
A. Revising paragraph (d)(1)(vi);
B. Removing paragraph (d)(1)(vii);
C. Redesignating paragraph (d)(1)(viii) as paragraph (d)(1)(vii);
D. Revising paragraph (d)(2);
E. Revising the introductory text of paragraph (e)(2);
F. Revising paragraph (e)(3)(iii);
G. Removing paragraph (e)(5);
H. Redesignating paragraph (e)(6) as paragraph (e)(5);
I. Adding a new paragraph (e)(6), (e)(7), and (e)(8); and
J. Revising paragraph (g)(1) to read as follows:
Sec. 946.336 Handling regulation.
* * * * *
(d) * * *
(1) * * *
[[Page 25794]]
(vi) Grading or storing at any specified location in Morrow or
Umatilla Counties in the State of Oregon; or
* * * * *
(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: May 11, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-9696 Filed 5-13-05; 8:45 am]
BILLING CODE 3410-02-P