[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: 7CFR989]

[Page 627-629]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 989_RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA--Table of
 
                    Subpart_Order Regulating Handling
 
Sec.  989.58  Natural condition raisins.

    (a) Regulation. No handler shall acquire or receive natural 
condition raisins which fail to meet such minimum grade and condition 
standards as the committee may establish, with the approval of the 
Secretary, in applicable rules and regulations: Provided, That a handler 
may receive raisins for inspection, may receive off-grade raisins for 
reconditioning and may receive or acquire off-grade raisins for use in 
eligible non-normal outlets: And provided further, That a handler may 
acquire natural condition raisins which exceed the tolerance established 
for maturity under a weight dockage system established pursuant to rules 
and regulations recommended by the committee and approved by the 
Secretary. Nothing contained in this paragraph shall apply to the 
acquisition or receipt of natural condition raisins of a particular 
varietal type for which minimum grade and condition standards are not 
applicable or then in effect pursuant to this part.
    (b) Changes in minimum grade and condition standards for natural 
condition raisins. The committee may recommend to the Secretary changes 
in the minimum grade and condition standards for natural condition 
raisins of any varietal type and may recommend to the Secretary that 
minimum grade and condition standards for any varietal type be added to 
or deleted. The committee shall submit with its recommendation all data 
and information upon which it acted in making its recommendation, and 
such other information as the Secretary may request. The Secretary shall 
approve any such change if he finds, upon the basis of data submitted to 
him by the committee or from other pertinent information available to 
him, that to do so would tend to effectuate the declared policy of the 
act.
    (c) Publicity and notice. The committee shall give prompt and 
reasonable publicity to producer, dehydrators, and handlers of each 
recommendation submitted by it to the Secretary and of each regulation 
issued by the Secretary. Notice of such regulation shall be given to all 
handlers by registered or certified mail.
    (d) Inspection and certification. (1) Each handler shall cause an 
inspection and certification to be made of all natural condition raisins 
acquired or received by him, except with respect to: (i) An interplant 
or interhandler transfer of offgrade raisins as described in paragraph 
(e)(2) of this section, unless such inspection and certification are 
required by rules and procedures made effective pursuant to this amended 
subpart; (ii) an interplant or interhandler transfer of free tonnage 
raisins as described in Sec.  989.59(e); (iii) raisins received from a 
dehydrator which have been previously inspected pursuant to paragraph 
(d)(2) of this section; (iv) any raisins for which minimum grade and 
condition standards are not then in effect; (v) raisins received from a 
cooperative bargaining association which have been inspected and are in 
compliance with requirements established pursuant to paragraph (d)(3) of 
this section; and (vi) any raisins, if permitted in accordance with such 
rules and procedures as the committee may establish with the approval of 
the Secretary, acquired or received for disposition in eligible 
nonnormal outlets. The handler shall be reimbursed by the committee for 
inspection costs incurred by him and applicable to pool tonnage held for 
the account of the committee. Except as otherwise provided in this 
section, prior to blending raisins, acquiring raisins, storing raisins, 
reconditioning raisins, or acquiring raisins which have been 
reconditioned, each handler shall obtain an inspection certification 
showing whether or not the raisins meet the applicable grade and 
condition standards: Provided, That the initial inspection for 
infestation shall not be required if the raisins are fumigated in 
accordance with such rules and procedures as the committee shall 
establish with the approval of the Secretary. The handler shall submit 
or cause to be submitted to the committee a copy of such certification, 
together with such other documents or records as the committee may 
require. Such certification shall be issued by inspectors of the 
Processed Products Standardization and Inspection Branch of the U.S. 
Department of Agriculture,

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unless the committee determines, and the Secretary concurs in such 
determination, that inspection by another agency would improve the 
administration of this amended subpart. The committee may require that 
raisins held on memorandum receipt be reinspected and certified as a 
condition for their acquisition by a handler.
    (2) The committee may, in accordance with rules and procedures 
established with the approval of the Secretary, authorize handlers to 
receive or acquire natural condition raisins which have been produced by 
any dehydrator by dehydrating grapes by artificial means and have been 
inspected and certified on his premises. In the event there shall have 
been compliance with committee requirements, any handler who receives or 
acquires such inspected and certificated raisins shall be deemed to have 
satisfied the requirements contained in paragraph (d)(1) of this section 
with respect to inspection and certification of natural condition 
raisins received or acquired by him.
    (3) The committee may, in accordance with rules and the procedures 
established with the approval of the Secretary, authorize handlers to 
receive or acquire without further inspection and certification, natural 
condition raisins, standard or offgrade, which have been inspected, 
certified and held, in compliance with committee requirements, at a 
receiving station of a cooperative bargaining association.
    (e) Off-grade raisins. (1) Any natural condition raisins tendered to 
a handler which fail to meet the applicable minimum grade and condition 
standards may: (i) Be received or acquired by the handler for 
disposition, without further inspection, in eligible non-normal outlets; 
(ii) be returned unstemmed to the person tendering the raisins; or (iii) 
be received by the handler for reconditioning. Off-grade raisins 
received by a handler under any one of the three described categories 
may be changed to any other of the categories under such rules and 
procedures as the committee, with the approval of the Secretary, shall 
establish. No handler shall ship or otherwise dispose of off-grade 
raisins which he does not return to the tenderer, transfer to another 
handler as provided in paragraph (e)(2) of this section, or recondition 
so that they at least meet the minimum standards prescribed in or 
pursuant to this amended subpart, except into eligible non-normal 
outlets.
    (2) Off-grade raisins may be transferred from the plant of the 
handler where received to another plant of his or to that of another 
handler within the State of California under such rules and procedures 
as the committee, with the approval of the Secretary, shall establish to 
safeguard the objectives of this part.
    (3) Each handler shall, while holding any off-grade raisins, store 
them separate and apart from other raisins and the off-grade raisins 
shall be stored in accordance with disposition and reconditioning 
categories. The committee with the approval of the Secretary may 
prescribe rules and procedures for the storage of the raisins.
    (4) If the handler is to acquire the raisins after they are 
reconditioned, his obligation with respect to such raisins shall be 
based on the weight of the raisins (if stemmed, adjusted to natural 
condition weight) after they have been reconditioned. If, after such 
reconditioning, such raisins meet the minimum standards but are no 
longer natural condition raisins, any handler who acquires such raisins 
shall meet his reserve tonnage obligations from natural condition 
standard raisins acquired by him.
    (5) The committee shall establish, with the approval of the 
Secretary, such additional rules and procedures as may be necessary to 
insure adequate control of off-grade raisins, including, but not limited 
to, the reconditioning of off-grade raisins, the disposition and use of 
unsuccessfully reconditioned raisins, and the disposition and use of 
residual matter from reconditioning operations.
    (f) Blending. No handler shall blend raisins except: (1) Incidental 
to reconditioning raisins as permitted under rules and procedures 
established by the committee, with the approval of the Secretary; (2) 
blending standard raisins with standard raisins; or (3) blending raisins 
which meet the minimum grade

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standards for packed raisins with other raisins which meet such 
standards.

[25 FR 12813, Dec. 14, 1960, as amended at 29 FR 9483, July 11, 1964; 32 
FR 12161, Aug. 24, 1967; 32 FR 18086, Dec. 19, 1967; 42 FR 37201, July 
20, 1977]