[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR929.48]

[Page 250-251]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
   PART 929_CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE ISLAND,
 
                    Subpart_Order Regulating Handling
 
Sec.  929.48  Sales history.

    (a) A sales history for each grower shall be computed by the 
committee in the following manner:
    (1) For growers with acreage with 6 or more years of sales history, 
the sales history shall be computed using an average of the highest four 
of the most recent six years of sales.
    (2) For growers with 5 years of sales history from acreage planted 
or replanted 2 years prior to the first harvest on that acreage, the 
sales history is computed by averaging the highest 4 of the 5 years.
    (3) For growers with 5 years of sales history from acreage planted 
or replanted 1 year prior to the first harvest on that acreage, the 
sales history is computed by averaging the highest 4 of the 5 years and 
in a year prior to a year of a producer allotment volume regulation 
shall be adjusted as provided in paragraph (a)(6) of this section.
    (4) For a grower with 4 years or less of sales history, the sales 
history shall be computed by dividing the total sales from that acreage 
by 4 and in a year prior to a year of a producer allotment volume 
regulation shall be adjusted as provided in paragraph (a)(6) of this 
section.
    (5) For growers with acreage having no sales history, or for the 
first harvest of replanted acres, the sales history will be the average 
first year yields (depending on whether first harvested 1 or 2 years 
after planting or replanting) as established by the committee and 
multiplied by the number of acres.
    (6) In a year prior to a year of a producer allotment volume 
regulation, in addition to the sales history computed in accordance with 
paragraphs (a)(3) and (a)(4) of this section, additional sales history 
shall be assigned to growers using the formula x=(a-b)c. The letter 
``x'' constitutes the additional number of barrels to be added to the

[[Page 251]]

grower's sales history. The value ``a'' is the expected yield for the 
forthcoming year harvested acreage as established by the committee. The 
value ``b'' is the total sales from that acreage as established by the 
committee divided by four. The value ``c'' is the number of acres 
planted or replanted in the specified year. For acreage with five years 
of sales history: a = the expected yield for the forthcoming sixth year 
harvested acreage (as established by the committee); b = an average of 
the most recent 4 years of expected yields (as established by the 
committee); and c = the number of acres with 5 years of sales history.
    (b) A new sales history shall be calculated for each grower after 
each crop year, using the formulas established in paragraph (a) of this 
section, or such other formula(s) as determined by the committee, with 
the approval of the Secretary.
    (c) The committee, with the approval of the Secretary, may adopt 
regulations to change the number and identity of years to be used in 
computing sales histories, including the number of years to be used in 
computing the average. The committee may establish, with the approval of 
the Secretary, rules and regulations necessary for the implementation 
and operation of this section.
    (d) Sales histories, starting with the crop year following adoption 
of this part, shall be calculated separately for fresh and processed 
cranberries. The amount of fresh fruit sales history may be calculated 
based on either the delivered weight of the barrels paid for by the 
handler (excluding trash and unusable fruit) or on the weight of the 
fruit paid for by the handler after cleaning and sorting for the retail 
market. Handlers using the former calculation shall allocate delivered 
fresh fruit subsequently used for processing to growers' processing 
sales. Fresh fruit sales history, in whole or in part, may be added to 
process fruit sales history with the approval of the committee in the 
event that the grower's fruit does not qualify as fresh fruit at 
delivery.
    (e) The committee may recommend rules and regulations, with the 
approval of the Secretary, to adjust a grower's sales history to 
compensate for catastrophic events that impact the grower's crop.

[70 FR 7641, Feb. 15, 2005]