[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: 7CFR958.52]

[Page 446]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 958_ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND 
 
                    Subpart_Order Regulating Handling
 
Sec.  958.52  Issuance of regulations.

    (a) Except as otherwise provided in this part, the Secretary shall 
limit the shipment of onions by any one or more of the methods 
hereinafter set forth whenever he finds from the recommendations and 
information submitted by the committee, or from other available 
information, that such regulation would tend to effectuate the declared 
policy of the act. Such limitation may:
    (1) Regulate in any or all portions of the production area, the 
handling of particular grades, sizes, or qualities of any or all 
varieties of onions, or combinations thereof, during any period or 
periods;
    (2) Regulate the handling of particular grades, sizes, or qualities, 
of onions differently, for different varieties, for different portions 
of the production area, for different packs, or for any combination of 
the foregoing, during any period or periods;
    (3) Provide a method, through rules and regulations issued pursuant 
to this part, for fixing the size, capacity, weight, dimensions, or pack 
of the container, or containers, which may be used in the packaging or 
handling of onions, including appropriate container markings to identify 
the contents thereof;
    (4) Regulate the handling of onions by establishing, in terms of 
grades, sizes, or both, minimum standards of quality and maturity; or
    (5) Limit the shipment of the total quantity of onions by 
prohibiting the handling thereof during a specified period or periods. 
No regulation issued pursuant to this subparagraph shall be effective 
for more than 96 consecutive hours: Provided, That not less than 72 
consecutive hours shall elapse between the termination of any such 
period of prohibition and the beginning of the next such period.
    (6) Regulate the handling of onions by establishing, in terms of 
total weight or total number of layers of containers of onions, the 
maximum load in railcars, taking into account types of containers and 
sizes of railcars used, potential resulting damage, and other relevant 
factors.
    (b) In the event the handling of onions is regulated pursuant to 
paragraph (a)(5) of this section, no handler shall handle any onions 
which were prepared for market or loaded during the effective period of 
such regulation. However, during any such period, no such regulation 
shall be deemed to limit the right of any person to sell or contract to 
sell onions for future shipment or delivery.
    (c) The Secretary may amend any regulation issued under this part 
whenever he finds that such amendment would tend to effectuate the 
declared policy of the act. The Secretary may also terminate or suspend 
any regulation or amendment thereof whenever he finds that such 
regulation or amendment obstructs or no longer tends to effectuate the 
declared policy of the act.

[22 FR 26, Jan. 3, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, and 
amended at 32 FR 11262, Aug. 3, 1967; 47 FR 8000, Feb. 24, 1982]