[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: 7CFR929.56]

[Page 248-249]
 
                          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. 929.56  Special provisions relating to withheld (restricted) 
cranberries.

    (a) Except as otherwise directed by the Secretary, as near as 
practicable to the beginning of the marketing season of each fiscal 
period with respect to which the marketing policy proposes regulation 
pursuant to Sec. 929.52(a), the committee shall determine the amount 
per barrel each handler shall deposit with the committee for it to 
release to him, in accordance with paragraph (b) of this section, all or 
part of the cranberries he is withholding; and the committee shall give 
notice of such amount of deposit to handlers. Such notice shall state 
the period during which such amount of deposit shall be in effect. 
Whenever the committee determines that, by reason of changed conditions 
or otherwise, a different amount should thereafter be deposited for the 
release of withheld cranberries, it shall give notice to handlers of the 
new amount and the effective period thereof. Each determination as to 
the amount of deposit shall be on the basis of the committee's 
evaluation of the following factors:
    (1) The prices at which growers are selling cranberries to handlers,
    (2) The prices at which handlers are selling fresh market 
cranberries to dealers,
    (3) The prices at which cranberries are being sold for processing 
into products, and
    (4) The prices the committee has paid to purchase cranberries to 
replace released cranberries in accordance with this section.
    (b) Any handler may make a written request to the committee for the 
release of all or part of the cranberries he is withholding from 
handling pursuant to Sec. 929.54(a). Each such request shall state, in 
addition to all other information as may be prescribed by the committee, 
the quantity of cranberries for which release is requested and shall be 
accompanied by a deposit (in cash, or a cashier's or certified check 
made payable to the Cranberry Marketing Committee) in an amount equal to 
the

[[Page 249]]

product of the number of barrels stated in the request multiplied by the 
then effective amount per barrel to be deposited. If the committee 
determines such request is properly filled out, is accompanied by the 
required deposit, and contains a certification that the handler is 
withholding such cranberries, it shall release to such handler the 
quantity of cranberries specified in his request. Such determination 
shall be made not later than 72 hours after the request is received by 
the committee.
    (c) Funds deposited for the release of withheld cranberries, 
pursuant to paragraph (a) of this section, shall be used by the 
committee to purchase from handlers unrestricted (free percentage) 
cranberries in an aggregate amount as nearly equal to, but not in excess 
of, the total quantity of the released cranberries as it is possible to 
purchase to replace the released cranberries. All handlers shall be 
given an opportunity to participate in such purchase. If a larger 
quantity is offered than can be purchased, the purchases shall be made 
at the lowest prices possible. If two or more handlers offer at the same 
price, purchases from such handlers shall be in proportion to the 
quantity of their respective offerings insofar as such division is 
practicable. The cranberries so purchased shall be disposed of by the 
committee as restricted cranberries in accordance with Sec. 929.57. Any 
funds received by the committee for cranberries so disposed of, which 
are in excess of the costs incurred by the committee in making such 
disposition, shall be paid or credited proportionately to handlers on 
the basis of the volume of cranberries withheld by each handler.
    (d) In the event any portion of the funds deposited with the 
committee pursuant to paragraph (a) of this section cannot, for reasons 
beyond the committee's control, be expended to purchase unrestricted 
(free percentage) cranberries to replace those released, such unexpended 
funds shall, after deducting expenses incurred by the committee in 
connection with the purchase and disposition of cranberries pursuant to 
paragraph (c) of this section, be offered and paid or credited 
proportionately to handlers on the basis of the volume of cranberries 
withheld by each handler. In the event that the offer is not accepted or 
directions given by a handler to credit the funds within 90 days, the 
funds will accrue to the committees's general account.
    (e) Cranberries purchased by the committee to replace released 
cranberries shall be inspected and shall meet such standards as are 
prescribed for withheld cranberries.
    (f) Inspection of withheld cranberries released to a handler is not 
required.

[29 FR 6618, May 21, 1964, as amended at 38 FR 29801, Oct. 29, 1973; 43 
FR 29765, July 11, 1978]