[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: 7CFR930.52]

[Page 270-271]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 930_TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, 
PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 930.52  Establishment of districts subject to volume regulations.

    (a) The districts in which handlers shall be subject to any volume 
regulations implemented in accordance with this part shall be those 
districts in which the average annual production of cherries over the 
prior 3 years has exceeded 6 million pounds. Handlers shall become 
subject to volume regulation implemented in accordance with this part in 
the crop year that follows any 3-year period in which the 6-million 
pound average production requirement is exceeded in that district.
    (b) Handlers in districts which are not subject to volume regulation 
would only be so regulated to the extent that they handled cherries 
which were grown in a district subject to regulation as specified in 
paragraph (a) of this section. In such a case, the handler must place in 
inventory reserve pursuant to Sec. 930.55 or Sec. 930.57 or divert 
pursuant to Sec. 930.59 the required restricted percentage of the crop 
originating in the regulated district.
    (c) Handlers in districts not meeting the production requirement 
described in paragraph (a) of this section in a given year would not be 
subject to volume regulation in the next crop year.
    (d) Any district producing a crop which is less than 50 percent of 
the average annual processed production in that district in the previous 
five years

[[Page 271]]

would be exempt from any volume regulation if, in that year, a 
restricted percentage is established.
    (e) The Board, with the approval of the Secretary, may establish 
rules and regulations necessary and incidental to the administration of 
this section.

[61 FR 49942, Sept. 24, 1996 as amended at 67 FR 51714, Aug. 8, 2002]