[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: 7CFR984]

[Page 565]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 984_WALNUTS GROWN IN CALIFORNIA--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  984.49  Volume regulation.

    (a) Free, reserve, and export percentages. Whenever the Secretary 
finds, on the basis of the Board's recommendation or other information, 
that limiting the quantity of walnuts that may be handled in domestic 
markets for merchantable free walnuts during a marketing year will tend 
to effectuate the declared policy of the act, he shall establish a free 
percentage to prescribe the portion of such walnuts which may be handled 
as free walnuts, and a reserve percentage to prescribe the portion that 
must be withheld as reserve walnuts. Whenever the Board recommends an 
export percentage pursuant to Sec.  984.48(a)(7), the Secretary shall 
establish a percentage if he finds it would tend to effectuate the 
declared policy of the act.
    (b) Revision of percentages. (1) On or before February 15 of the 
marketing year, the Board may recommend that the free percentage be 
increased and the reserve percentage be decreased. On the basis of the 
Board's recommendation or other information the Secretary may establish 
such revisions. If the reserve percentage is reduced when an export 
percentage is in effect, an increase shall be made in the export 
percentage so that the quantity previously authorized for export will 
not be reduced. If the revised reserve quantity is less than the 
quantity previously authorized for export the export percentage shall be 
100 percent. Upon revision, all reserve obligations that are theretofore 
accrued on merchantable walnuts certified during such year on the basis 
of the previously effective percentages shall be adjusted accordingly.
    (2) Any time prior to July 1, the Board may recommend an increase in 
the export percentage, if it finds that there is an insufficient volume 
of reserve walnuts available for export and additional demand exists, 
which would not adversely affect the disposition of the oncoming crop. 
On the basis of the Board's recommendation or other information, the 
Secretary may establish such revision.

[41 FR 31543, July 29, 1976]

    Effective Date Note: At 60 FR 40064, Aug. 7, 1995, in Sec.  989.49, 
in paragraph (b)(1), the words ``On or before February 15 of the 
marketing year,'' were suspended.

                             Quality Control