[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR929.48]

[Page 244-245]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 929_CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND, 
 
                    Subpart_Order Regulating Handling
 
Sec. 929.48  Sales history.

    (a) Determination of sales history. (1) The initial sales history 
shall be computed by the committee for each grower using the best four 
out of six years of such grower's sales history, which shall include all 
commercial sales from the first complete crop year following adoption of 
this amendment, plus the prior five years' history of commercial sales, 
except as otherwise provided in paragraph (a)(5) of this section. For a 
grower with four years or less of commercial sales history, the initial 
sales history shall be computed by the committee using all available 
years of such grower's commercial sales history.
    (2) A new sales history shall be computed for each grower after each 
crop year during which no volume regulation was established, in the same 
manner as for the initial sales history, except that the most recent 
crop year shall be used instead of the earliest crop year, and except as 
otherwise provided in paragraph (a)(4) of this section. The committee, 
with the approval of the Secretary, may, by regulation, alter the number 
and identity of years to be used in computing these subsequent sales 
histories.
    (3) A new sales history shall be calculated for each grower after 
each crop year, during which a volume regulation has been established, 
using a formula determined by the committee, with the approval of the 
Secretary.
    (4) Beginning with the first complete crop year following the 
adoption of this section, if a grower has no commercial sales from such 
grower's cranberry acreage for three consecutive crop years due to 
forces beyond the grower's control, the committee shall compute a level 
of commercial sales for the fourth year for that acreage using an 
estimated production, obtained by crediting the grower with the average 
sales from the preceding three years during which sales occurred. Any 
and all relevant factors regarding the grower's lost production may be 
considered by the committee prior to establishing a sales history for 
such acreage.
    (5) The committee shall compute a sales history for a grower who has 
no history of sales associated with such grower's cranberry acreage 
during a crop year when a volume regulation

[[Page 245]]

has been established, using the greater of the following:
    (i) The total estimated commercial sales from a grower's cranberry 
acreage, or
    (ii) The state average yield per acre multiplied by the grower's 
cranberry producing acreage. Provided, That a grower having unused 
allotment and received a sales history computed under either of these 
methods shall forfeit such unused allotment.
    (b) Grower report. Each grower shall file a report with the 
committee by January 15 of each crop year, indicating the total acreage 
harvested, the total commercial cranberry sales in barrels from such 
acreage, and the amount of any new or renovated acreage planted, to 
allow the committee to compute a sales history for each grower.
    (c) The committee may establish, with the approval of the Secretary, 
rules and regulations necessary for the implementation and operation of 
this section.

[57 FR 38749, Aug. 27, 1992]