[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: 7CFR985.53]

[Page 599-600]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 985_MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL 
PRODUCED IN THE FAR WEST--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec. 985.53  Allotment base.

    (a) Initial issuance. Each producer desiring an allotment base for 
one or more classes of oil shall register with the Committee and furnish 
to it, on forms provided by the Committee, a report of the number of 
pounds of each class of oil sold during each of the marketing years of 
1977, of 1978, and of 1979, which is the representative base period, and 
the number of pounds of each class of oil currently available for sale 
and the location of such oil, the name and address of each handler, the 
quantity of oil by class sold to each handler, the acreage and location 
of each year's production of spearmint, and any additional information 
requested by the Committee. A producer who has changed or changes 
identity from an individual producer to a partnership or corporate 
producer, or from a partnership to a corporate or individual producer, 
or from a corporate to a partnership or individual producer, may for the 
purpose of establishing the initial and subsequent allotment base, 
register with the Committee as one and the same person.
    (b)(1) Initially, the allotment base for each class of oil shall be 
established by

[[Page 600]]

the Committee for each registered producer, at the option of such 
producer, as follows:
    (i) The average annual number of pounds of oil of that class sold 
during any two marketing years of the representative base period; or
    (ii) The average annual number of pounds of that class of oil sold 
during the representative period plus 33\1/3\ percent of oil of that 
class currently available for sale; or
    (iii) The quantity of that class of oil sold during the 1979 
marketing year, plus the quantity of that class of oil currently 
available for sale.
    (2) If a producer has spearmint planted by February 27, 1979, but 
has no sales history during the representative period, the producer's 
allotment base shall be established by multiplying its acreage to be 
harvested for spearmint oil by the average amount of oil per acre sold 
in the allotment base of other producers in the state or area, whichever 
is more representative, in which the acreage is located: Provided, That, 
the Committee shall review and adjust these allotment bases in 
accordance with paragraph (c) of this section on the basis of the 
producer's sales of spearmint oil.
    (c) Periodically, but at least once every five years, the Committee 
shall review and adjust each producer's allotment base to recognize 
changes and trends in production and demand. Any such adjustment shall 
be made in accordance with a formula prescribed by the Committee with 
the approval of the Secretary.
    (d)(1) Beginning with the 1982-83 marketing year, the Committee 
annually shall make additional allotment bases available for each class 
of oil in the amount of no more than 1 percent of the total allotment 
base for that class of oil. Fifty percent of these additional allotment 
bases shall be made available for new producers and 50 percent made 
available for existing producers.
    (2) Any person may apply for an additional allotment base for any 
class of oil by filing an application with the Committee on or before 
December 1 of the marketing year preceding the marketing year for which 
the additional allotment bases will be made available.
    (3) The Committee shall, with the approval of the Secretary, 
establish rules and regulations to be used for determining the 
distribution of additional allotment bases. In establishing such rules, 
the Committee shall take into account, among other things, the minimum 
economic enterprise requirements for oil production, the applicant's 
ability to produce oil, the area where the oil will be produced and 
other economic and marketing factors.
    (e) The right to each producer receiving an allotment base, or any 
legal successor in interest, to retain all or part of an allotment base, 
shall be dependent on continuance to make a bona fide effort to produce 
the annual allotment referable thereto and failing to do so, such 
allotment base shall be reduced by an amount equivalent to such 
unproduced portions.

    Effective Date Note: At 50 FR 41480, Oct. 11, 1985, in Sec. 985.53, 
paragraph (d)(2) was suspended indefinitely.