[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: 7CFR982.52]

[Page 547-548]
 
                          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. 982.52  Disposition of restricted hazelnuts.

    Hazelnuts withheld from handling as inshell hazelnuts pursuant to 
Sec. Sec. 982.50 and 982.51 may be disposed of as follows:
    (a) Shelling. Any handler may dispose of such hazelnuts by shelling 
them under the direction or supervision of the Board or by delivering 
them to an authorized sheller. Any person who desires to become an 
authorized sheller in any marketing year may submit written application 
during such year to the Board. Such application shall be granted only 
upon condition that the applicant agrees:
    (1) To use such restricted hazelnuts as he may receive for no 
purpose other than shelling;
    (2) To dispose of or deliver such restricted hazelnuts, as inshell 
hazelnuts, to no one other than another authorized sheller;
    (3) To comply fully with all laws and regulations applicable to 
shelling of hazelnuts; and
    (4) To make such reports, certified to the Board and to the 
Secretary as to their correctness, as the Board may require.
    (b) Export. Sales of certified merchantable restricted hazelnuts for 
shipment to destinations outside the continental United States and such 
other distribution areas as may be recommended by the Board and 
established by the Secretary shall be made only by the Board. Any 
handler desiring to export any part or all of that handler's certified 
merchantable restricted hazelnuts shall deliver to the Board the 
certified merchantable restricted hazelnuts to be exported, but the 
Board shall be obligated to sell in export only such quantities for 
which it may be able to find satisfactory export outlets. Any hazelnuts 
so delivered for export which the Board is unable to export shall be 
returned to the handler delivering them. Sales for export shall be made 
by the Board only on execution of an agreement to prevent exportation 
into the area designated in Sec. 982.16. A handler may be permitted to 
act as an agent of the Board, upon such terms and conditions as the 
Board may specify, in negotiating export sales, and when so acting shall 
be entitled to receive a selling commission as authorized by the Board. 
The proceeds of all export sales, after deducting all expenses actually 
and necessarily incurred, shall be paid to the handler whose certified 
merchantable restricted hazelnuts are so sold by the Board.

[[Page 548]]

    (c) Other outlets. In addition to the dispositions authorized in 
paragraphs (a) and (b) of this section, the Board may designate such 
other outlets into which such hazelnuts may be disposed which it 
determines are noncompetitive with normal market outlets for inshell 
hazelnuts. Such dispositions shall be made under the direction or 
supervision of the Board.
    (d) Restricted credits. During any marketing year, handlers who 
dispose of a quantity of eligible hazelnuts in restricted outlets in 
excess of their restricted obligations, may transfer such excess credits 
to another handler or handlers. Upon a handler's written request to the 
Board during a marketing year, the Board shall transfer any or all of 
such excess restricted credits to such other handler or handlers that 
the handler may designate. The Board, with the approval of the 
Secretary, shall establish rules and regulations for the transfer of 
excess restricted credits.

[40 FR 53227, Nov. 17, 1975, as amended at 51 FR 29549, Aug. 19, 1986; 
61 FR 17560, Apr. 22, 1996]