Honey Research, Promotion, and Consumer Information Order and Rules and Regulations Issued Thereunder; Termination of Order Provision and Conforming Correction of the Rules and Regulations

Agricultural Marketing Service

7 CFR Part 1240

[AMS-FV-93-704C]

RIN: 0581-AB23

Honey Research, Promotion, and Consumer Information Order and

Rules and Regulations Issued Thereunder; Termination of Order Provision

and Conforming Correction of the Rules and Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document terminates a provision of the Honey Research,

Promotion, and Consumer Information Order (Order) and deletes

conflicting and confusing language in the Rules and Regulations issued

under the Order. This action is being taken to clarify and correct the

Order and rules and regulations which were amended in August 1991.

DATES: This interim final rule is effective May 2, 1994. Comments must

be received May 2, 1994.

ADDRESSES: Interested persons are invited to submit written comments

concerning this action. Comments must be sent in triplicate to the

Docket Clerk, Research and Promotion Branch, F&V, AMS, USDA, Room 2535

South Building, P.O. Box 96456, Washington, DC 20090-6456. Comments

should reference the docket number and the date and page number of this

issue of the Federal Register and will be available for public

inspection in the Office of the Docket Clerk during regular business

hours. Comments concerning the information collection requirements

contained in this action should be sent to the Office of Information

and Regulatory Affairs, Office of Management and Budget, Washington DC

20503, attn: Desk Officer for the Agricultural Marketing Service, USDA.

FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and

Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box

96456, Room 2535-So., Washington, DC 20090-6456; telephone (202) 720-

9915.

SUPPLEMENTARY INFORMATION: These amendments to the Plan are issued

pursuant to the Honey Research, Promotion, and Consumer Information

Act, as amended on November 28, 1990 [104 Stat. 3904, 7 U.S.C. 4601 et

seq.], hereinafter referred to as the Act.

This rule is being issued in conformance with Executive Order No.

12866.

This interim rule has been reviewed under Executive Order 12778,

Civil Justice reform. It is not intended to have retroactive effect.

This rule will not preempt any state or local laws, regulation, or

policies, unless they present an irreconcilable conflict with this

rule.

The Act provides that administrative proceedings must be exhausted

before parties may file suit in court. Under section 10 of the Act, a

person subject to an order may file a petition with the Secretary

stating that such order, any provision of such order, or any obligation

imposed in connection with such order is not in accordance with law;

and requesting a modification of the order or an exemption from the

order. Such person is afforded the opportunity for a hearing on the

petition. After the hearing, the Secretary would rule in the petition.

The Act provides that the district court of the United States in any

district in which such person is an inhabitant, or has a principal

place of business, has jurisdiction to review the Secretary's ruling on

the petition, provided that a complaint is filed within 20 days after

the date of entry of the ruling.

Pursuant to requirements set forth in the Regulatory Flexibility

Act (RFA), the Administrator of the Agricultural Marketing Service

(AMS) has considered the economic impact of this proposed action on

small entities.

There are an estimated 145 handlers, 510 producer-packers, 8,300

producers, and 350 importers who are currently subject to the

provisions of the Order. The majority of these persons may be

classified as small agricultural producers and small agricultural

service firms. Small agricultural producers are defined by the Small

Business Administration [13 CFR 121.601] as those having annual

receipts of less than $500,000, and small agricultural service firms,

which include importers, are defined as those having annual receipts of

less than $3,500,000.

In accordance with the Paperwork Reduction Act (PRA) of 1980 (44

U.S.C. chapter 35), and Office of Management and Budget (OMB)

regulations (5 CFR part 1320), the information collection and

recordkeeping requirements contained in this action were submitted to

the OMB and approved under OMB control numbers 0581-0093 and 0505-0001.

Comments concerning the information collection requirements contained

in this action should be sent to the Office of Information and

Regulatory Affairs, Office of Management and Budget, Washington, DC,

20503, attn: Desk Officer for the Agricultural Marketing Service, USDA.

On November 28, 1990, the Act was amended by the Food, Agriculture,

Conservation and Trade Act of 1990. One of the amendments to the Act

redefined the requirements for honey that is exempted from assessments

under the Act.

Prior to the Act's 1990 amendment, a producer or a producer-packer

who produced or handled or produced and handled less than 6,000 pounds

of honey per year or an importer who imported less than 6,000 pounds of

honey per year were exempt from assessment. Such producers, producer-

handlers, and importers applied to the Honey Board for a certificate of

exemption which would be presented to the handler of the exemptee's

honey. Reporting requirements for handlers included listing those

producers claiming exemption.

Under the 1990 amendment to the Act, however, producers, producer-

packers, and importers who produce or import during any year less than

6,000 pounds of honey are exempt from paying assessments only if that

honey is (1) consumed at home, (2) donated by the producer or importer

to a nonprofit, government, or other entity that is determined

appropriate by the Secretary, or (3) distributed directly through local

retail outlets (e.g., farmers markets and roadside stands).

Since exempted honey may no longer be sold through handlers,

handlers are no longer required to provide information to the Board on

exempted honey. However, in the amendment to the Order and rules and

regulations published as a final rule in the August 7, 1991, Federal

Register (50 FR 37453), conforming changes to sections 1240.50 and

1240.114 which incorporated these changes to the Act were inadvertently

not made. As published, these sections may be confusing and are in

conflict with the amended Order and rules and regulations.

Section 13 of the Act provides that whenever the Secretary finds

that any provision of any order issued under the Act obstructs or does

not tend to effectuate the declared purpose of the Act, the Secretary

shall terminate such provisions. Therefore, this action deletes

obsolete and confusing language from paragraph (a) of section 1240.50

of the Order and from paragraph (b) of section 1240.114 of the

regulations issued under the Order.

Based on the above, the Administrator of the AMS has determined

that the issuance of this interim final rule will not have a

significant economic effect on a substantial number of small entities.

After consideration of all relevant material presented with regard

to the termination of provisions in the Order and the rules and

regulations as hereinafter set forth, it is found that these provisions

no longer tend to effectuate the declared policy of the Act.

All written comments received in response to this publication by

the date specified herein will be considered prior to finalizing this

action.

Pursuant to the provisions in 5 U.S.C. 553, it is found and

determined upon good cause that it is impracticable, unnecessary, and

contrary to the public interest to give preliminary notice prior to

putting this rule into effect and that good cause exists for not

postponing the effective date of this action until 30 days after

publication in the Federal Register because: (1) This action terminates

provisions of the Order and the rules and regulations consistent with

the 1990 amendments to the Act; (2) a 30-day comment period is provided

to allow interested parties to comment prior to finalization; and (3)

no useful purpose would be served by a delay of the effective date.

List of Subjects in 7 CFR Part 1240

Advertising, Agricultural research, Honey, Imports, Reporting and

recordkeeping requirements.

PART 1240--HONEY RESEARCH, PROMOTION, AND CONSUMER INFORMATION

ORDER

1. The authority citation for 7 CFR Part 1240 is revised to read as

follows:

Authority: 7 U.S.C. 4601-4612.

Sec. 1240.50 [Amended]

2. In Sec. 1240.50, paragraph (a), the words ``including those

producers who claim exemption from assessment; copy of statement

claiming exemption from assessment from those who claim such

exemption'' are removed.

Sec. 1240.114 [Amended]

3. In Sec. 1240.114, paragraph (b), the words ``Producers who are

exempt from assessment must present their certificates of exemption to

their first handler in order to not be subject to assessment on honey.

First handlers, except as otherwise authorized by the Honey Board are

required to maintain records showing the exemptee's name and address

along with their certificate number assigned by the Board,'' are

removed.

Dated: April 20, 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-10220 Filed 4-29-94; 8:45 am]

BILLING CODE 3410-02-P