Lime Research, Promotion, and Consumer Information Order

DEPARTMENT OF AGRICULTURE

7 CFR Part 1212

[FV-95-703]

Lime Research, Promotion, and Consumer Information Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; termination order.

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SUMMARY: This document removes the Lime Research, Promotion, and

Consumer Information Order (Order) in its entirety. A referendum was

conducted in November 1995 to determine whether continuance of the

Order was favored by a majority of the producers, producer-handlers,

and importers voting in the referendum. A majority of the persons

voting in the referendum did not favor continuance of the Order.

EFFECTIVE DATE: December 18, 1995.

FOR FURTHER INFORMATION CONTACT: Richard B. Schultz, Research and

Promotion Branch, Fruit and Vegetable Division, AMS, USDA, Box 96456,

Room 2535-S, Washington, D.C. 20090-6456, telephone (202) 720-5976.

SUPPLEMENTARY INFORMATION:

The Department of Agriculture (Department) is issuing this rule in

conformance with Executive Order 12866.

This termination order 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,

regulations, or policies, unless they present an irreconcilable

conflict with this termination order.

This action is governed by section 1960 of the Lime Research,

Promotion, and Consumer Information Act of 1990, as amended (Act).

Section 1960 of the Act provides that the Secretary of Agriculture

(Secretary) shall conduct a referendum not later than 30 months after

the date on which the collection of assessments begins to determine

whether the issuance of the Order is favored by a majority of the

producers, producer-handlers, and importers voting in the referendum.

Paragraph (b) of section 1960 of the Act requires that the Order

continue in effect only if favored by such majority.

Background

The Lime Research, Promotion, and Consumer Information Act of 1990

(1990 Act) (Pub. L. 101-624, 7 U.S.C. 6201-6212) was enacted on

November 28, 1990, for the purpose of establishing an orderly procedure

for the development and financing of an effective and coordinated

program of research, promotion, and consumer information to strengthen

the domestic and foreign markets for limes. The Order required by the

1990 Act became effective on January 27, 1992 (57 FR 2985), after

notice and comment rulemaking.

In March 1992 the Department conducted nomination meetings to

nominate lime producers and importers for appointment to the Lime Board

(Board). The Board members were appointed by the Secretary in September

1992 and the Board conducted its first meeting at the Department in

Washington, D.C. in October 1992. During the course of this meeting,

the Board and the Department concluded that a technical amendment to

the 1990 Act was needed before an order could be implemented.

Consequently, full implementation of the Order was delayed until the

enactment of such technical amendment.

The Lime Research, Promotion, and Consumer Information Improvement

Act (1993 Act) (Pub. L. 103-194, Dec. 14, 1993) contained the necessary

technical amendment to properly cover the regulated commodity. The 1993

Act also provided for increasing the exemption level from less than

35,000

[[Page 65020]]

pounds annually to less than 200,000; terminating the initial Board;

changing the size and composition of the Board; and delaying the

initial referendum date.

A proposed rule was published in the April 7, 1994, issue of the

Federal Register (58 FR 3446) inviting comments on amending the Order

to reflect the provisions of the 1993 Act. A final rule was published

in the February 8, 1995, issue of the Federal Register (60 FR 7435).

In March 1995, as a result of terminating the initial Board under

the 1993 Act, the Department conducted nomination meetings to nominate

lime producers and importers for appointment to the new Board. The

Board members were appointed by the Secretary in June 1995 and the

newly constituted Board met at the Department in Washington, D.C. in

August 1995. At this meeting, amid concern over the changing character

of the lime industry, the Board voted that a referendum be conducted

before the Order is fully implemented to determine industry support.

Since the enactment of the 1990 Act, the character of the lime

industry has significantly changed. As a result of the extensive damage

to lime orchards in Florida by Hurricane Andrew in August 1992,

domestic production has plummeted and the volume of imports has

increased dramatically. Domestic production is not expected to reach

pre-Hurricane Andrew levels for several more years because Florida

accounted for a majority of domestic production. Imports currently

represent roughly 94 percent of lime shipments in the United States.

In response to the Board's vote, an interim final rule with request

for comments containing a referendum order and procedures was published

in the October 11, 1995, issue of the Federal Register (60 FR 52835).

No comments were received.

A representative period from September 1, 1994, through August 31,

1995, was established to determine voter eligibility in the referendum.

Persons who produced, produced and handled, or imported 200,000 more

pounds of limes for the fresh market during this period were eligible

to vote. A voting period from November 1, 1995, through November 15,

1995, was established to allow eligible persons an opportunity to vote.

Continuance of the Order was favored by only 28 percent of the

producers, producer-handlers, and importers casting valid ballots in

the referendum. Thus, it is found and determined that a majority of

persons casting valid ballots in the referendum do not favor

continuance of the Order. Accordingly, it is found and determined that

the Order does not tend to effectuate the declared policy of the Act.

For these reasons, in accordance with the provisions of the Act, this

action will terminate 7 CFR 1212 in its entirety.

It is also found and determined that good cause exists for not

postponing the effective date of this action until 30 days after

publication in the Federal Register because: (1) A continuance

referendum was conducted in November 1995 and a majority of persons

voting in the referendum did not favor continuance of the Order; (2) it

has been determined that the Order does not tend to effectuate the

declared policy of the Act; and (3) no useful purpose would be served

in delaying the effective date of the termination order.

Termination Order

It is, therefore, ordered, That 7 CFR part 1212 is hereby

terminated effective on December 18, 1995.

List of Subjects in 7 CFR Part 1212

Administrative practice and procedure, Advertising, Limes,

Marketing agreements, Reporting and recordkeeping requirements.

PART 1212--[REMOVED]

For the reasons set forth in the preamble, and under the authority

of 7 U.S.C. 6201-6212, 7 CFR Part 1212 is removed.

Dated: December 12, 1995,

Lon Hatamiya,

Acting Assistant Secretary, Marketing and Regulatory Programs.

[FR Doc. 95-30671 Filed 12-15-95; 8:45 am]

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