[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: 7CFR929.54]

[Page 247-248]
 
                          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. 929.54  Withholding.

    (a) Whenever the Secretary has fixed the free and restricted 
percentages for any fiscal period, as provided for in Sec. 929.52(a), 
each handler shall withhold from handling a portion of the cranberries 
he acquires during such period: Provided, That such withholding 
requirements shall not apply to any lot of cranberries for which such 
withholding requirement previously has been met by another handler in 
accordance with Sec. 929.55. The withheld portion shall be equal to the 
sum of the products obtained by multiplying each of the following 
quantities, as applicable, by the restricted percentage:
    (1) The quantity of screened cranberries acquired:
    (2) The quantity of screened cranberries obtained at the time 
unscreened lots of cranberries are screened: Provided, That, if the 
cranberries have not been screened by a date specified by the committee, 
with the approval of the Secretary, as the date by which each handler 
shall have met the withholding requirement, the quantity of screened 
cranberries shall be determined as set forth in paragraph (a)(3) of this 
section; and
    (3) The quantity of screened cranberries contained in unscreened 
lots of cranberries acquired (i) which are destined for disposition 
without screening, or (ii) but which have not been screened prior to the 
date referred to in paragraph (a)(2) of this section. The committee, 
with the approval of the Secretary, shall prescribe uniform rules to be 
followed in determining the quantity of screened cranberries in each lot 
of unscreened cranberries.
    (b) The committee, with the approval of the Secretary, shall 
prescribe the manner in which, and date or dates during the fiscal 
period by which, handlers shall have complied with the withholding 
requirements specified in paragraph (a) of this section.
    (c) Withheld cranberries shall meet such standards of grade, size, 
quality, or condition as the committee, with the approval of the 
Secretary, may prescribe. All such cranberries shall be inspected by the 
Federal or Federal-State Inspection Service. A certificate of such 
inspection shall be issued which shall show, among other things, the 
name and address of the handler, the number and type of containers in 
the lot, the location where the lot is stored, identification marks, 
including lot stamp, if used, and a certification

[[Page 248]]

of the quantity of cranberries in such lot that meet the prescribed 
standards. Promptly after inspection and certification, each such 
handler shall submit, or cause to be submitted, to the committee at the 
place designated by the committee a copy of the certificate of 
inspection issued with respect to such cranberries.
    (d) Any handler who withholds from handling a quantity of 
cranberries in excess of that required pursuant to paragraph (a) of this 
section shall have such excess quantity credited toward the next fiscal 
year's withholding obligation, if any, of such handler: Provided, That 
such credit shall be applicable only (1) if the restricted percentage 
established pursuant to Sec. 929.52 was modified pursuant to Sec. 
929.53; (2) to the extent such excess was disposed of prior to such 
modification; and (3) after such handler furnishes the committee with 
such information as it prescribes regarding such withholding and 
disposition.

[27 FR 8101, Aug. 15, 1962, as amended at 29 FR 6617, May 21, 1964; 38 
FR 29801, Oct. 29, 1973]