[Federal Register: December 22, 2008 (Volume 73, Number 246)]
[Rules and Regulations]
[Page 78150-78151]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de08-2]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Docket No. AMS-FV-08-0009; FV08-966-610 Review]
Tomatoes Grown in Florida; Section 610 Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
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SUMMARY: This action summarizes the results under the criteria
contained in section 610 of the Regulatory Flexibility Act (RFA), of an
Agricultural Marketing Service (AMS) review of Marketing Order No. 966,
regulating the handling of tomatoes grown in Florida (order). AMS has
determined that the order should be continued.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202) 720-8938; or E-mail: moab.docketclerk@usda.gov. A copy of the
review may also be obtained via the Internet at: http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: William G. Pimental or Christian D.
Nissen, Southeast Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Winter
Haven, Florida 33884; Telephone: (863) 324-3375; Fax: (863) 325-8793;
or E-mail: William.Pimental@usda.gov or Christian.Nissen@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order No. 966, as amended (7 CFR
part 966), regulates the handling of tomatoes grown in Florida,
hereinafter referred to as the ``order.'' The order is effective under
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C.
601-674), hereinafter referred to as the ``Act.''
The order establishes the Florida Tomato Committee (Committee) as
the administrative body charged with overseeing program operations.
Staff is hired to conduct the daily administration of the program. The
Committee consists of 12 grower members representing four districts.
Each member has an alternate. Members and alternate members are elected
through nomination meetings held in each district.
[[Page 78151]]
Currently, there are approximately 100 producers and approximately
70 handlers of Florida tomatoes. The majority of growers and handlers
may be classified as small entities. The regulations implemented under
the order are applied uniformly and are designed to benefit all
entities, regardless of size.
AMS published in the Federal Register on February 18, 1999 (64 FR
8014), a plan to review certain regulations, including Marketing Order
No. 966, under criteria contained in section 610 of the RFA (5 U.S.C.
601-612). Updated plans were published in the Federal Register on
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of
review and request for written comments on the order in the March 18,
2008, issue of the Federal Register (73 FR 14400). The deadline for
comments ended May 19, 2008. While no comments were received in
response to the notice, AMS had also published a notice of review in
the June 24, 2002, issue of the Federal Register (67 FR 42530), as part
of a previous schedule, and one written comment in support of the order
was received. The comment is referenced in the AMS analysis below.
The review was undertaken to determine whether the order should be
continued without being changed, amended, or rescinded to minimize the
impacts on small entities. In conducting this review, AMS considered
the following factors: (1) The continued need for the order; (2) the
nature of complaints or comments received from the public concerning
the order; (3) the complexity of the order; (4) the extent to which the
order overlaps, duplicates, or conflicts with other Federal rules, and,
to the extent feasible, with State and local governmental rules; and
(5) the length of time since the order has been evaluated or the degree
to which technology, economic conditions, or other factors have changed
in the area affected by the order.
The order authorizes grade, size, quality, maturity, and pack and
container regulations, as well as research and promotion, and reporting
and inspection requirements. The order also authorizes the Committee to
establish marketing research and development projects designed to
assist, improve, or promote the marketing, distribution, and
consumption of tomatoes. Finally, the order authorizes the collection
and dissemination of information for the benefit of the industry. The
grade, size, maturity, and inspection regulations are also applied to
imported tomatoes under section 608e of the Act.
The grade, size, and maturity requirements have helped maintain
demand for Florida tomatoes over the years by ensuring only quality
product reaches the consumer. The compilation and dissemination of
aggregate statistical information collection from handlers is used by
the industry to make informed production and marketing decisions. Funds
to administer the order are obtained from handler assessments.
Regarding complaints or comments received from the public
concerning the order, USDA received no comments as a result of the
notice of review published on March 18, 2008. However, one comment was
received from the then chairperson of the Committee in response to a
separate notice of review published in the Federal Register on June 24,
2002 (67 FR 42530). In the comment, the commenter noted that the order
has contributed significantly to the success of the Florida tomato
industry. He attributes dramatically increased yields to research
authorized under the order, while crediting the marketing aspects of
the order with contributing to the increase in consumption of fresh
tomatoes. He also states that the most important aspect of the order
has been its stabilizing effect on fresh tomato markets. The commenter
believes the order has been a success in meeting the terms of the Act,
and expressed his strongest support for its continuation.
Marketing order issues and programs are discussed at public
meetings, and all interested persons are allowed to express their
views. All comments are considered in the decision making process by
the Committee and AMS before any program changes are implemented.
In considering the order's complexity, AMS has determined that the
order is not unduly complex.
During the review, the order was also checked for duplication and
overlap with other regulations. AMS did not identify any relevant
Federal rules, or State and local regulations that duplicate, overlap,
or conflict with the order.
The order was established in 1955 and was last amended in July
1986. During the 53 years the order has been effective, AMS and the
Florida tomato industry have continuously monitored marketing
operations. Changes in regulations have been implemented to reflect
current industry operating practices, and to solve marketing problems
as they occur. The goal of periodic evaluations is to ensure that the
order and the regulations implemented under it fit the needs of the
industry and are consistent with the Act.
The Committee meets several times a year to discuss the order and
the various regulations issued thereunder, and to determine if, or
what, changes may be necessary to reflect current industry practices.
As a result, regulatory changes have been made numerous times over the
years to address industry operation changes and to improve program
administration.
Based on the potential benefits of the order to producers,
handlers, and consumers, AMS has determined that the Florida tomato
marketing order should be continued. The order was established to help
the industry work with USDA to solve marketing problems. The order's
regulations on grade, size, quality, maturity, and pack, as well as
research and promotion, and reporting requirements continue to be
beneficial to producers, handlers, and consumers. AMS will continue to
work with the Florida tomatoes industry in maintaining an effective
marketing order program.
Dated: December 16, 2008.
James E. Link,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-30311 Filed 12-19-08; 8:45 am]
BILLING CODE 3410-02-P