[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: 7CFR929.61]

[Page 250-251]
 
                          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. 929.61  Outlets for excess cranberries.

    (a) Noncommercial outlets. Excess cranberries may be disposed of 
only in the following noncommercial outlets that the committee finds, 
with the approval of the Secretary, meet the requirements outlined in 
paragraph (c) of this section:
    (1) Charitable institutions; and
    (2) Research and development projects approved by the U.S. 
Department of Agriculture for the development of foreign and domestic 
markets, including, but not limited to, dehydration, radiation, freeze 
drying, or freezing of cranberries.
    (b) Noncompetitive outlets. Excess cranberries may be sold to 
outlets that the committee finds, with the approval of the Secretary, 
are noncompetitive with established markets for regulated cranberries 
and meet the requirements outlined in paragraph (c) of this section. 
These outlets include:
    (1) Any nonhuman food use; and
    (2) Foreign markets, except Canada.
    (c) Requirements for diversion. The following requirements, as 
applicable, shall be met by the handler diverting excess cranberries 
into noncompetitive or noncommercial outlets:
    (1) Diversion to charitable institutions. A statement from the 
charitable institution shall be submitted to the committee showing the 
quantity of cranberries received and certifying that the cranberries 
will be utilized by the institution;
    (2) Diversion to research and development projects. A report shall 
be given to the committee describing the project, quantity of 
cranberries diverted, and date of disposition;
    (3) Diversion to a nonhuman food use. Notification shall be given to 
the committee at least 48 hours prior to such disposition; and
    (4) Diversion to foreign markets, except Canada. A copy of the on-
board bill of lading shall be submitted to the committee showing the 
amount of cranberries loaded for export.
    (d) The storage and disposition of all excess cranberries withheld 
from handling shall be subject to the supervision and accounting control 
of the committee.
    (e) The committee, with the approval of the Secretary, may establish 
as

[[Page 251]]

needed rules and regulations for the implementation and operation of 
this section.

[57 FR 38751, Aug. 27, 1992]