[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: 7CFR982.51]

[Page 546-547]
 
                          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. 982.51  Restricted credit for ungraded inshell hazelnuts and 
for shelled hazelnuts.

    (a) A handler may withhold ungraded inshell hazelnuts in lieu of 
certified merchantable hazelnuts in satisfaction of that handler's 
restricted obligations, and the weight on which credit may be received 
shall be the shelled hazelnut equivalent weight as inspected by the

[[Page 547]]

Federal-State Inspection Service multiplied by 2.5. Any lot of ungraded 
hazelnuts not meeting the moisture requirements for certified 
merchantable hazelnuts shall not be eligible for credit. All 
determinations as to the shelled hazelnut equivalent weight shall be 
made by the Federal-State Inspection Service at the handler's expense. 
Hazelnuts so withheld shall be subject to the applicable requirements of 
Sec. 982.50. The weight of all such lots for which a handler has 
received credit shall be adjusted by the Board when the lots are handled 
or disposed of so that the creditable weight is equal to the amount of 
certified merchantable inshell hazelnuts or certified shelled hazelnuts 
that are subsequently handled or disposed of from those lots. If this 
adjustment causes the handler to no longer be in satisfaction of that 
handler's restricted obligation as required by Sec. 982.50, the 
deficiency shall be satisfied in the subsequent marketing year. If this 
adjustment results in a handler disposing of, in restricted outlets, a 
quantity in excess of that handler's restricted obligation, such excess 
shall not be credited to such handler's restricted obligation during the 
subsequent marketing year.
    (b) A handler may withhold, in accordance with Sec. 982.50(a), 
certified shelled hazelnuts in lieu of merchantable hazelnuts in 
satisfaction of such handler's restricted obligation, subject to such 
terms and conditions as are recommended by the Board and established by 
the Secretary. The inshell equivalent of such hazelnuts shall be 
determined by multiplying the weight of the shelled hazelnuts by 2.5.
    (c) The Secretary upon recommendation of the Board and other 
available data may modify these procedures, change the conversion 
factors, and specify factors for conversion for different varieties of 
hazelnuts.

[51 FR 29548, Aug. 19, 1986, as amended at 61 FR 17560, Apr. 22, 1996]