[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: 7CFR930.58]

[Page 272-273]
 
                          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. 930.58  Grower diversion privilege.

    (a) In general. Any grower may voluntarily elect to divert, in 
accordance with the provisions of this section, all or a portion of the 
cherries which otherwise, upon delivery to a handler, would become 
restricted percentage cherries. Upon such diversion and compliance with 
the provisions of this section, the Board shall issue to the diverting 
grower a grower diversion certificate which such grower may deliver to a 
handler, as though there were actual harvested cherries. Any grower 
diversions completed in accordance with this section, but which are 
undertaken in districts subsequently exempted by the Board from volume 
regulation under Sec. 930.52(d), shall qualify for diversion credit.
    (b) Eligible diversion. Grower diversion certificates shall be 
issued to growers only if the cherries are diverted in accordance with 
the following terms and conditions or such other terms and conditions 
that the Board, with the approval of the Secretary, may establish. 
Diversion may take such of the following forms which the Board, with the 
approval of the Secretary, may designate: uses exempt under Sec. 
930.62; nonhuman food uses; or other uses, including diversion by 
leaving such cherries unharvested.
    (c) Application/mapping. The Board, with the approval of the 
Secretary, shall develop rules and regulations providing for the 
diversion of cherries by growers. Such regulations may include, among 
other things:

[[Page 273]]

    (1) The form and content of applications and agreements relating to 
the diversion, including provisions for supervision and compensation; 
and
    (2) Provisions for mapping areas in which cherries will be left 
unharvested.
    (d) Diversion certificate. If the Board approves the application it 
shall so notify the applicant and conduct such supervision of the 
applicant's diversion of cherries as may be necessary to assure that the 
cherries have been diverted. After the diversion has been accomplished, 
the Board shall issue to the diverting grower a diversion certificate 
stating the weight of cherries diverted. Where diversion is carried out 
by leaving the cherries unharvested, the Board shall estimate the weight 
of cherries diverted on the basis of such uniform rule prescribed in 
rules and regulations as the Board, with the approval of the Secretary, 
may recommend to implement this section.

[61 FR 49942, Sept. 24, 1996, as amended at 67 FR 51715, Aug. 8, 2002]