[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: 7CFR959.52]

[Page 460]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 959_ONIONS GROWN IN SOUTH TEXAS--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  959.52  Issuance of regulations.

    (a) The Secretary shall limit the handling of onions by regulations 
specified in this section whenever he finds from the recommendations and 
information submitted by the committee, or from other available 
information, that such regulations would tend to effectuate the declared 
policy of the act.
    (b) Such regulations may:
    (1) Limit in any or all portions of the production area the handling 
of particular grades, sizes, qualities or packs, or any combination 
thereof, of any or all varieties of onions during any period;
    (2) Limit the handling of particular grades, sizes, qualities, or 
packs of onions differently for different varieties, for different 
containers, for different portions of the production area, or any 
combination of the foregoing, during any period;
    (3) Limit the handling of onions by establishing, in terms of 
grades, sizes, or both, minimum standards of quality and maturity;
    (4) Fix the size, capacity, weight, dimensions, or pack of the 
container or containers which may be used in the packaging, 
transportation, sale, preparation for market, shipment, or other 
handling of onions;
    (5) Establish holidays by prohibiting throughout the entire 
production area, the packaging or loading, or both, of onions on 
Sundays;
    (6) Prohibit the packaging or loading, or both, of onions except 
during specified consecutive hours of any calendar day or days: 
Provided, That, any handler may, upon such notice to the committee as it 
may prescribe with approval of the Secretary, package or load onions 
during a different period in such day consisting of the same number of 
consecutive hours: Provided further, That any handler who, due to 
conditions specified in regulations established by the committee with 
the approval of the Secretary as being beyond a handler's reasonable 
control, is prevented for more than one of such consecutive hours from 
so packaging or loading onions may, in accordance with such regulations, 
obtain permission from the committee to package or load onions, or both, 
during a comparable number of additional hours in the same day or a 
later day as specified by the committee.
    (c) Regulations issued hereunder may be amended, modified, 
suspended, or terminated whenever it is determined:
    (1) That such action is warranted upon recommendation of the 
committee or other available information;
    (2) That such action is essential to provide relief from inspection, 
assessment, or regulations under paragraph (b) of this section for 
minimum quantities less than customary commercial transactions; or
    (3) That regulations issued hereunder no longer tend to effectuate 
the declared policy of the act.
    (d) No handler may handle onions that were packaged or loaded or 
both during any period when such packaging or loading or both was 
prohibited by any regulation issued pursuant to paragraphs (b)(5) or (6) 
of this section, except such onions as were exempted thereunder.

[26 FR 704, Jan. 25, 1961. Redesignated at 26 FR 12751, Dec. 30, 1961, 
and amended at 34 FR 6440, Apr. 12, 1969]