[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: 7CFR982.50]

[Page 546]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 982_HAZELNUTS GROWN IN OREGON AND WASHINGTON--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 982.50  Restricted obligation.

    (a) No handler shall handle inshell hazelnuts unless prior to or 
upon shipment thereof, he: (1) Has withheld from handling a quantity, by 
weight, of certified merchantable hazelnuts determined by dividing the 
quantity handled, or to be handled, by the applicable free percentage 
and multiplying the quotient by the restricted percentage; (2) has 
withheld from handling an equivalent quantity of creditable ungraded 
inshell hazelnuts under Sec. 982.51(a); or (3) has under Sec. 
982.51(b), declared in lieu of a quantity of certified merchantable 
hazelnuts, under paragraph (a)(1) of this section, the equivalent 
quantity, by weight as determined under that section, of shelled 
hazelnuts certified as meeting the standards in effect for Oregon No. 1 
grade for shelled hazelnuts as contained in Oregon Grade Standards for 
Hazelnut Kernels or such other standards as may be recommended by the 
Board and established by the Secretary. Any handler who intends to 
withhold shelled hazelnuts in satisfaction of a restricted obligation 
must make such declaration to the Board prior to shelling any such 
hazelnuts. Withholding may be temporarily deferred under the bonding 
provisions in Sec. 982.54. The quantity of hazelnuts required to be 
withheld shall be the restricted obligation. Certified merchantable 
hazelnuts handled in accordance with this subpart shall be deemed to be 
the handler's quota fixed by the Secretary within the meaning of section 
8a(5) of the Act.
    (b) Inshell hazelnuts withheld by a handler in satisfaction of his 
restricted obligation shall not be handled and shall be held by him 
subject to examination by and accounting control of, the Board until 
disposed of pursuant to this part.
    (c) A handler having certified merchantable hazelnuts which have not 
been handled at the end of a marketing year may elect to have those 
hazelnuts bear the restricted and assessment obligations of that year or 
of the marketing year in which handled. The Board shall establish such 
procedures as are necessary to facilitate the administration of this 
option among handlers.
    (d) Whenever the restricted percentage for a marketing year is 
reduced, each handler's restricted obligation shall be reduced to 
conform with the new restricted percentage. Any handler who, upon such 
reduction, is withholding restricted hazelnuts in excess of his new 
restricted obligation may have the excess freed from withholding by 
complying with such procedures as the Board may require to insure 
identification of the remaining hazelnuts withheld.

[40 FR 53227, Nov. 17, 1975, as amended at 46 FR 26039, May 11, 1981]