Mushroom Promotion, Research, and Consumer Information Order; Referendum Order

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[FV-97-705RO]

Mushroom Promotion, Research, and Consumer Information Order;

Referendum Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Referendum order.

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SUMMARY: This action gives notice that a referendum will be conducted

to determine whether mushroom producers and importers favor continuance

of the Mushroom Promotion, Research, and Consumer Information Order

(Order). In order to continue, the Order must be approved by a majority

of producers and importers voting in the referendum and that majority

must represent more than 50 percent of the mushrooms produced and

imported by those voting in the referendum. This action announces the

voting period, representative period, and agents.

DATES: The referendum will be conducted by mail ballot from February 24

through March 13, 1998. Faxed ballots will be accepted. The

representative period for establishing voter eligibility shall be the

period from July 1, 1996, through June 30, 1997.

ADDRESSES: Copies of the Mushroom Promotion, Research, and Consumer

Information Order may be obtained from: Referendum Agent, Research and

Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400

Independence Avenue, Room 2535-S, Stop Code 0244, Washington, DC 20090-

6456, telephone number (888) 720-9917, fax (202) 205-2800.

FOR FURTHER INFORMATION CONTACT: Stacey L. Bryson, Research and

Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400

Independence Avenue, Room 2535-S,

[[Page 3849]]

Stop Code 0244, Washington, DC 20090-6456, telephone (202) 720-6930 or

(888) 720-9917.

SUPPLEMENTARY INFORMATION: A referendum will be conducted among

mushroom producers and importers to determine whether the continuance

of the Mushroom Promotion, Research, and Consumer Information Order

(Order) [7 CFR 1209] is favored by persons voting in the referendum.

The Order is authorized under the Mushroom Promotion, Research, and

Consumer Information Act (Act) [7 U.S.C. 6101-6112].

The representative period for establishing voter eligibility for

the referendum shall be the period from July 1, 1996, through June 30,

1997. Paragraph (b)(2) of Sec. 1926 of the Act requires that the Order

be approved by a majority of producers and importers voting in the

referendum which majority, on average, annually produces and imports

into the United States more than 50 percent of mushrooms annually

produced and imported by all those persons voting in the referendum.

Only mushroom producers and importers who either produced or imported,

on average, over 500,000 pounds of mushrooms annually during the

representative period will be eligible to vote in the referendum.

Persons who have received an exemption from assessment for the entire

representative period are ineligible to vote. The referendum shall be

conducted by mail ballot from February 24 through March 13, 1998. Faxed

ballots will be accepted.

Section 1926 of the Act provides that the Secretary of Agriculture

(Secretary) shall conduct a referendum effective 5 years after the date

on which the Order became effective. The Order became effective on

January 8, 1993. The referendum must be conducted among mushroom

producers and importers to ascertain whether they favor continuation,

termination, or suspension of the Order. Persons voting in the

referendum will certify their eligibility to vote and will designate

their status either as a mushroom producer or importer. Producers and

importers will be required to certify the pounds of mushrooms they

either produced or imported during the representative period.

The Order shall continue in effect if it is approved by a simple

majority of producers and importers voting in the referendum and that

majority represents more than 50 percent of the mushrooms produced and

imported by those voting in the referendum. If the Secretary determines

that suspension or termination of the Order is favored by a majority of

the producers and importers voting in the referendum, which majority,

on average, annually produces and imports into the United States more

than 50 percent of the mushrooms annually produced and imported by all

those voting in the referendum, the Secretary shall terminate or

suspend the collection of assessments under the Order and suspend or

terminate activities under the Order as soon as practicable.

In accordance with the Paperwork Reduction Act of 1995 [Pub. L.

104-13], the referendum ballot has been approved by the Office of

Management and Budget (OMB) and has been assigned OMB number 0581-0093.

There are approximately 138 eligible voters. It will take an average of

15 minutes for each voter to read the voting instructions and complete

the referendum ballot. The total burden on the total number of voters

will be 34.5 hours.

Referendum Order

It is hereby directed that a referendum be conducted among mushroom

producers and importers to determine whether they favor the continuance

of the Order. The representative period for establishing voter

eligibility for the referendum shall be the period from July 1, 1996,

through June 30, 1997. A referendum shall be conducted by mail ballot

from February 24 through March 13, 1998. Faxed ballots will be

accepted.

By interim final rule, referendum procedures were published in the

Federal Register on December 23, 1997 [62 FR 66973]. Comments

concerning the provisions of the rule must be received by January 22,

1998. The Procedure for the Conduct of Referenda in Connection with the

Mushroom Promotion, Research, and Consumer Information Order [7 CFR

1209.300-1209.307] shall be used to conduct the referendum. Ballots

will be mailed to all known mushroom producers and importers on or

before February 17, 1998. Eligible voters who do not receive a ballot

by mail may call the following toll-free telephone number to receive a

ballot: 1 (888) 720-9917. All ballots will be subject to verification.

Ballots must be received by the referendum agents by mail or fax no

later than March 13, 1998, to be counted.

Stacey L. Bryson and Martha B. Ransom, Research and Promotion

Branch, Fruit and Vegetable Programs, Agricultural Marketing Service,

U.S. Department of Agriculture, Room 2535-S, Stop Code 0244, P.O. Box

96456, Washington, D.C. 20090-6456, are designated as the referendum

agents of the Secretary of Agriculture to conduct the referendum.

Ballots to be cast in the referendum, and any related material

relevant to the referendum, will be mailed by the referendum agents to

all known mushroom producers and importers. Only mushroom producers and

importers who either produced or imported, on average, over 500,000

pounds of mushrooms annually during the representative period will be

eligible to vote in the referendum. Persons who have received an

exemption from assessment for the entire representative period are

ineligible to vote.

List of Subjects in 7 CFR Part 1209

Administrative practice and procedure, Advertising, Agricultural

research, Marketing agreements, Mushrooms, Reporting and recordkeeping

requirements.

Authority: 7 U.S.C. 6101-6112.

Dated: January 21, 1998.

Enrique E. Figueroa,

Acting Administrator, Agricultural Marketing Service.

[FR Doc. 98-1908 Filed 1-26-98; 8:45 am]

BILLING CODE 3410-02-P