[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: 7CFR929.49]

[Page 245-246]
 
                          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. 929.49  Marketable quantity, allotment percentage, and annual 
allotment.

    (a) Marketable quantity and allotment percentage. If the Secretary 
finds, from the recommendation of the committee or from other available 
information, that limiting the quantity of cranberries purchased from or 
handled on behalf of growers during a crop year would tend to effectuate 
the declared policy of the Act, the Secretary shall determine and 
establish a marketable quantity for that crop year.
    (b) The marketable quantity shall be apportioned among growers by 
applying the allotment percentage to each grower's sales history, 
established pursuant to Sec. 929.48. Such allotment percentage shall be 
established by the Secretary and shall equal the marketable quantity 
divided by the total of all growers' sales histories. Except as provided 
in paragraph (f) of this section, no handler shall purchase or handle on 
behalf of any grower cranberries not within such grower's annual 
allotment.
    (c) In any crop year in which the production of cranberries is 
estimated by the committee to be equal to or less than its recommended 
marketable quantity, the committee may recommend and the Secretary may 
increase or suspend the allotment percentage applicable to that year. In 
the event it is found that market demand is greater than the marketable 
quantity previously set, the committee may recommend and the Secretary 
may increase such quantity.
    (d) Issuance of annual allotments. The committee shall require all 
growers to qualify for that allotment by filing with the committee, on 
or before April 15 of each year, a form wherein growers include the 
following information: The location of their cranberry producing acreage 
from which their annual allotment will be produced; the amount of 
acreage which will be harvested; changes in location, if any, of annual 
allotment; and such other information, including a copy of any lease 
agreement, as is necessary for the committee to administer this part. On 
or before June 1, the committee shall issue to each grower an annual 
allotment determined by applying the allotment percentage established 
pursuant to paragraph (b) of this section to the grower's sales history.
    (e) On or before June 1 of any year in which an allotment percentage 
is established by the Secretary, the committee shall notify each handler 
of the annual allotment that can be handled for each grower whose total 
crop will be delivered to that handler. In cases where a grower delivers 
a crop to more than one handler, such grower's annual allotment will be 
apportioned equitably among the handlers.
    (f) Growers who do not produce cranberries equal to their computed 
annual allotment shall transfer their unused allotment to such growers' 
handlers. The handler shall equitably allocate the unused annual 
allotment to growers with excess cranberries who deliver to such 
handler. Unused annual allotment remaining after all such transfers have 
occurred shall be transferred to the committee pursuant to paragraph (g) 
of this section.
    (g) Handlers who receive cranberries more than the sum of their 
growers' annual allotments have ``excess cranberries,'' pursuant to 
Sec. 929.59, and shall so notify the committee. Handlers who

[[Page 246]]

have remaining unused allotment pursuant to paragraph (f) of this 
section are ``deficient'' and shall so notify the committee. The 
committee shall equitably distribute unused allotment to all handlers 
having excess cranberries.
    (h) The committee may establish, with the approval of the Secretary, 
rules and regulations necessary for the implementation and operation of 
this section.

[33 FR 11641, Aug. 16, 1968, as amended at 57 FR 38749, Aug. 27, 1992]

    Effective Date Note: At 65 FR 42614, July 11, 2000, in Sec. 
929.49(d), the phrase ``On or before June 1'', and in Sec. 929.49(e), 
the phrase ``On or before June 1 of any year in which an allotment 
percentage is established by the Secretary'' were suspended 
indefinitely.