Proposed Blueberry Promotion, Research, and Information Order

SUMMARY: The U.S. Department of Agriculture (USDA) is seeking comments

regarding the establishment of an industry-funded promotion, research,

and information program for cultivated blueberries. A proposed

program--the Blueberry Promotion, Research, and Information Order

(Order)--was submitted to USDA by the North American Blueberry Council,

Inc. Under the Order, blueberry producers and importers would pay an

assessment of $12 per ton, which would be paid to the proposed U.S.A.

Blueberry Council. Producers and importers of less than 2,000 pounds of

fresh and processed blueberries annually would be exempt from the

assessment. The proposed program would be implemented under the

Commodity Promotion, Research, and Information Act of 1996 (Act).

DATES: Comments must be received by September 20, 1999.

ADDRESSES: Interested persons are invited to submit written comments

concerning this proposed rule to the Docket Clerk, Research and

Promotion Branch, Fruit and Vegetable Programs, Agricultural Marketing

Service, USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, S.W.,

Washington, D.C. 20250-0244. Comments should be submitted in triplicate

and will be made available for public inspection at the above address

during regular business hours. Comments may also be submitted

electronically to: [email protected]. All comments should

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

issue of the Federal Register. A copy of this rule may be found at:

www.ams.usda.gov/fv/rpdocketlist.htm.

Pursuant to the Paperwork Reduction Act (PRA), send comments

regarding the accuracy of the burden estimate, ways to minimize the

burden, including the use of automated collection techniques or other

forms of information technology, or any other aspect of this collection

of information to the above address. Comments concerning the

information collection under the PRA should also be sent to the Desk

Officer for Agriculture, Office of Information and Regulatory Affairs,

Office of Management and Budget, Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Oliver L. Flake, Research and

Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, Stop 0244,

1400 Independence Avenue, S.W., Room 2535-S, Washington, D.C. 20250-

0244; telephone 202) 720-5976 or fax (202) 205-2800.

SUPPLEMENTARY INFORMATION: This proposed Order is issued pursuant to

the Commodity Promotion, Research, and Information Act of 1996, 7

U.S.C. 7401-7425; Public Law 104-127, enacted April 4, 1996,

hereinafter referred to as the Act.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

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

Section 524 of the Act provides that the Act shall not affect or

preempt any other Federal or state law authorizing promotion or

research relating to an agricultural commodity.

Under Section 519 of the Act, a person subject to the Order may

file a petition with the Secretary of Agriculture (Secretary) stating

that the Order, any provision of the Order, or any obligation imposed

in connection with the Order, is not established in accordance with the

law, and requesting a modification of the Order or an exemption from

the Order. Any petition filed challenging the Order, any provision of

the Order, or any obligation imposed in connection with the Order,

shall be filed within two years after the effective date of the Order,

provision, or obligation subject to challenge in the petition. The

petitioner will have the opportunity for a hearing on the petition.

Thereafter, the Secretary of Agriculture (Secretary) will issue a

ruling on a petition. The Act provides that the district court of the

United States for any district in which the petitioner resides or

conducts business shall have the jurisdiction to review a final ruling

on the petition, if the petitioner files a complaint for that purpose

not later than 20 days after the date of the entry of the Secretary's

final ruling.

Executive Order 12866

This proposed rule has been determined not significant for purposes

of Executive Order 12866 and therefore has not been reviewed by the

Office of Management and Budget (OMB).

Regulatory Flexibility Act

In accordance with the Regulatory Flexibility Act (RFA) [5 U.S.C.

601 et seq.], the Agency is required to examine the impact of the

proposed rule on small entities. The purpose of the RFA is to fit

regulatory actions to the scale of businesses subject to such actions

so that small businesses will not be disproportionately burdened.

The Act authorizes generic programs of promotion, research, and

information for agricultural commodities. Congress found that it is in

the national public interest and vital to the welfare of the

agricultural economy of the United States to maintain and expand

existing markets and develop new markets and uses for agricultural

commodities through industry-funded, government-supervised, generic

commodity promotion programs.

This program is intended to develop and finance an effective and

coordinated program of promotion, research, and consumer information to

maintain and expand the markets for cultivated blueberries (hereinafter

referred to as blueberries). A proposal was submitted by the North

American Blueberry Council, Inc. (proponent or NABC). The proponent has

proposed that blueberry producers and importers approve the program in

a referendum in advance of its implementation. In addition, NABC

proposed that producers, importers, exporters, and a first handler

would serve on a 13-member U.S.A. Blueberry Council (USABC) that would

administer the program under USDA's oversight. In addition, any person

subject to the program may file with the Secretary a petition stating

that the Order or any provision is not in accordance with law and

requesting a modification of the Order or an exemption from the Order.

While the proposed Order would impose certain record keeping

requirements on first handlers, information required under the proposed

Order could be compiled from records currently maintained. First

handlers would collect and remit the assessments on domestic

blueberries to the Council. Their responsibilities would include

accurate recordkeeping and accounting of all blueberries purchased or

contracted for, including the number of pounds handled, the names of

their producers, and when blueberries are purchased. The forms require

the minimum information necessary to effectively carry out the

requirements of the program, and their use is necessary to fulfill the

intent of the Act. Such records shall be retained for at least two

years. These

[[Page 39791]]

requirements are already being conducted as a normal business practice.

In addition, first handlers of blueberries who seek nomination to

serve on the USABC would be required to complete a nomination form

which would be submitted to the Secretary.

The added burden to first handlers for a blueberry promotion,

research, and information program is therefore expected to be minimal.

There is also a minimal burden on producers. The burden relates to

those producers who would seek nomination to serve on the USABC and

those who vote in referenda. In addition, the proposed Order would

require producers to keep records and to provide information to the

USABC or the Secretary when requested. However, it is not anticipated

that producers would be required to submit forms to the USABC. Most

likely, the information would be obtained through an audit of a

producer's records to confirm information provided by a first handler

or if a first handler did not file the required reports as part of the

USABC's compliance operation. When seeking nomination to serve on the

USABC, producers would be required to complete one form which would be

submitted to the Secretary.

In addition, there is a minimal burden on importers. The import

assessments would be collected by the U.S. Customs Service (Customs) at

time of entry into the United States. Importers would be required to

keep records and to provide information to the USABC or the Secretary

when requested. However, it is not anticipated that importers would be

required to submit forms to the USABC. Importers who seek nomination to

serve on the USABC would be required to complete one form which would

be submitted to the Secretary.

Further, there would be a minimal burden on exporters who seek

nomination to serve on the USABC. They would be required to complete

one form which would be submitted to the Secretary.

The estimated annual cost of providing the information to the USABC

by an estimated 1,611 respondents (1,287 producers, 200 first handlers,

120 importers, and 4 exporters) would be $12,995 or $7,185 for all

producers or $5.58 per producer, $2,000 for all first handlers or

$10.00 per first handler, $3,800 for all importers or $31.66 per

importer, and $10 for all exporters or $2.50 per exporter

USDA would oversee program operations and, if the program is

implemented, would conduct a referendum (1) every five years to

determine whether blueberry producers and importers support

continuation of the program, (2) at the request of the USABC

established under the Order, or (3) at the request of 10 percent or

more of the number of persons eligible to vote in referenda.

Additionally, the Secretary may conduct a referendum at any time to

determine whether the continuation, suspension, or termination of the

Order or a provision of the Order is favored by those eligible to vote

in referenda.

There are approximately 1,287 producers, 200 first handlers, and

120 importers, and 4 exporters of blueberries who would be subject to

the program. Most of the producers would be classified as small

businesses under the criteria established by the Small Business

Administration (SBA) [13 CFR 121.601]. Most importers and first

handlers would not be classified as small businesses and while most

exporters are large we assume that some are small. The SBA defines

small agricultural handlers as those whose annual receipts are less

than $5 million, and small agricultural producers are defined as those

having annual receipts of not more than $500,000 annually.

The blueberry, along with the cranberry and Concord grape, is one

of only three native North American fruits. Blueberries were

domesticated from wild highbush blueberries in the early 1900's. Over

the years, they have been bred for flavor, size, color, vigor, and

yield.

North America is the world's leading producer of blueberries. From

1993 to 1997, cultivated blueberries represented an average of

approximately 70 percent of all blueberries produced in the United

States with the remainder, known as lowbush (wild) blueberries,

produced primarily in Maine. There are over 37 varieties of

blueberries, but not all are actively produced for market.

Blueberries are harvested from April through October, with more

than 60 percent harvested from mid-June though mid-August. Blueberries

are grown in 35 states. Commercial production operations are located in

Michigan (44 percent), New Jersey (19 percent), Oregon (12 percent),

Georgia 9 percent), North Carolina (5 percent), Washington (5 percent),

Indiana and Florida (2 percent each), and all other states (2 percent).

A majority of blueberry growers are relatively small business

owners, operating 20 to 30-acre farms which have been in their families

for a number of generations. Blueberry acreage is expanding in the

United States, with considerable growth in the high-yielding areas of

the Northwest and South. Harvested acreage in the United States has

more than doubled over the past 15 years, from 21,850 harvested acres

in 1980 to an estimated 46,685 harvested acres in 1996.

U.S. blueberry production has more than doubled since the late

1970's, from an average of 35,693 tons during the five-year period 1977

through 1981 to an average of more than 75,500 tons from 1993 through

1997. According to USDA's National Agricultural Statistics Service

(NASS), total production of blueberries was 79,485 tons in 1998, a

decrease from 84,990 tons in 1997. Approximately 39,493 tons of the

total were utilized for fresh market sale and 37,608 tons were

processed (primarily frozen).

Farm value of the 1997 blueberry crop was $141 million, compared

with $113.6 million a year earlier.

U.S. frozen blueberry per capita consumption has been declining

rapidly in recent years, decreasing from 0.38 pounds in 1996 to 0.33

pounds in 1997. From calendar year 1991 through 1995, U.S. per capita

consumption of frozen blueberries averaged 0.43 pounds.

The United States exported 6.3 million pounds of fresh blueberries

in 1997, valued at $7.9 million. Canada is the principal destination

for U.S. exports--accounting for nearly 79 percent of the total in

1997. Other key markets included Switzerland (7 percent), the United

Kingdom (5 percent), and Germany (3 percent). The remaining export

volume went mostly to other European and Asian countries.

U.S. exports of frozen blueberries totaled 11,050 tons in 1997, and

were valued at $9.9 million. The largest U.S. export market for frozen

blueberries is Canada, accounting for 90 percent of the total quantity

exported in 1997. Japan was the second largest U.S. market, accounting

for 8 percent of the total. The remaining 2 percent of U.S. exports

were sent mainly to other Asian and European countries.

In 1997, the United States imported 6,950 tons of fresh blueberries

worth $10.8 million. Imports from Canada accounted for 89 percent of

the total. Other major suppliers of fresh blueberries were Chile, with

9 percent of the total, and New Zealand with 2 percent.

In 1997, total imports of frozen blueberries reached 4,900 tons,

valued at $8.5 million. The bulk of U.S. frozen blueberry imports

(about 96 percent) in 1997 came from Canada. U.S. imports of frozen

blueberries from Chile represented 2 percent of the total, while Mexico

accounted for 1 percent of the total. The rest of the 1997 import

volume originated from the Netherlands, Costa Rica and Colombia.

[[Page 39792]]

During the 1997 season, average annual production per U.S. producer

was approximately 66.04 tons of blueberries. Blueberries produced

during this growing season provided average annual gross sales of

$109,557 per blueberry producer.

The proposed Order would authorize a fixed assessment paid by

producers (to be collected by first handlers) and importers (to be

collected by Customs) at a rate of $12 per ton.

Section 516(a)(1) of the Act provides authority to the Secretary to

exempt from the Order any de minimis quantity of an agricultural

commodity otherwise covered by the Order. The proponent has recommended

that producers and importers of less than 2,000 pounds of blueberries

annually be exempt from assessment.

At the proposed rate of assessment of $12 per ton, the USABC would

collect approximately $1.1 million annually. It is expected that the

assessment would represent less than 1 percent of producers' average

return. In 1997, the average price for blueberries was $1,659 per ton.

USDA will keep all individuals informed throughout the referendum

process to ensure that they are aware of and are able to participate in

the referendum. USDA will publicize information regarding the

referendum process so that trade associations and related industry

media can be kept informed. If the program is implemented, the newly

established USABC would recommend to USDA regulations for the program.

In addition, the blueberry industry would nominate producers,

importers, exporters, and a first handler to serve as members and

alternates on the USABC. The USABC would recommend the assessment rate,

programs, projects, a budget, and any rules and regulations that might

be necessary for the administration of the program. USDA would ensure

that the nominees represent the blueberry industry in accordance with

the proposed Order.

The USABC would consist of 13 members: one producer representative

from each of four regions, one producer representative for each of the

top five producing states, one importer, one exporter, one first

handler, and one public member. The regional and state members would be

nominated from within the respective regions or states by the state

commissions or the NABC as applicable for initial nominations, and the

importer, exporter, and first handler members would be nominated by the

USABC. There would be an alternate for each member. The importer

position would be filled by a person who imports fresh or processed

blueberries from outside of the United States for sale in the United

States. The exporter position would be filled by a representative of

the foreign production area which, based on a 3-year average, produces

the most blueberries that are shipped to the United States.

In order to provide the opportunity for public input into USABC

deliberations, the Secretary has added one public member and alternate

to the proponent's proposed USABC. The public member and alternate

would be nominated by the USABC.

Proposed record keeping and reporting requirements for the

blueberry promotion, research, and information program would be

designed to minimize the burden on the blueberry industry. The

blueberry promotion program would be designed to strengthen the

position of blueberries in the marketplace, maintain and expand

existing domestic and foreign markets, and develop new uses and markets

for blueberries.

The estimated annual cost of providing the information to the USABC

by an estimated 1,611 respondents (1,287 producers, 200 first handlers,

120 importers, and 4 exporters) would be $12,995 or $7,185 for all

producers or $5.58 per producer, $2,000 for all first handlers or

$10.00 per first handler, $3,800 for all importers or $31.66 per

importer, and $10 for all exporters or $2.50 per exporter.

With regard to alternatives to this proposed rule, the Act itself

does provide for authority to tailor a program according to the

individual needs of an industry. Provision is made for permissive terms

in an order in Section 516 of the Act, and other sections provide for

alternatives. For example, Section 514 of the Act provides for orders

applicable to (1) producers, (2) first handlers and other persons in

the marketing chain as appropriate, and (3) importers (if imports are

subject to assessment). Section 516 authorizes an order to provide for

exemption of de minimis quantities of an agricultural commodity;

different payment and reporting schedules; coverage of research,

promotion, and information activities to expand, improve, or make more

efficient the marketing or use of an agricultural commodity in both

domestic and foreign markets; provision for reserve funds; provision

for credits for generic and branded activities; and assessment of

imports. In addition, Section 518 of the Act provides for referenda to

ascertain approval of an order to be conducted either prior to its

going into effect or within 3 years after assessments first begin under

the order. An order also may provide for its approval in a referendum

to be based upon (1) a majority of those persons voting; (2) persons

voting for approval who represent a majority of the volume of the

agricultural commodity; or (3) a majority of those persons voting for

approval who also represent a majority of the volume of the

agricultural commodity. Section 515 of the Act provides for

establishment of a board from among producers, first handlers, and

others in the marketing chain as appropriate and importers, if

importers are subject to assessment.

This proposal includes provisions for both domestic and foreign

market expansion and improvement; reserve funds; and an initial

referendum to be conducted prior to the Order going into effect.

Approval would be based upon a majority of the blueberry production and

imports represented by those voting in the referendum.

While we have performed this Initial Regulatory Flexibility

Analysis regarding the impact of this proposed Order on small entities,

in order to obtain all the data necessary for a comprehensive analysis,

we invite comments concerning potential effects of the proposed Order.

In particular, we are seeking information on the number of first

handlers and importers that would be covered by the program and the

number of exporters that would be eligible to serve on the USABC. In

addition, we are interested in more information on the number and kind

of small entities that may incur benefits or costs from implementation

of the proposed Order and information on the expected benefits or

costs.

Paperwork Reduction Act

In accordance with the Office of Management and Budget (OMB)

regulation [5 CFR Part 1320] which implements the Paperwork Reduction

Act of 1995 [44 U.S.C. Chapter 35], the information collection and

record keeping requirements that may be imposed by this Order have been

submitted to OMB for approval.

Title: National Research, Promotion, and Consumer Information

Programs.

OMB Number for background form (number 1 below): 0505-0001.

Expiration Date of Approval: November 30, 1999.

OMB Number for other information collections: 0581-0093.

Expiration Date of Approval: November 30, 2000.

Type of Request: Revision of currently approved information

collections for advisory committees and boards and for research and

promotion programs.

[[Page 39793]]

Abstract: The information collection requirements in the request

are essential to carry out the intent of the Act.

In addition, there will be the additional burden on producers and

importers voting in referenda. The referendum ballot, which represents

the information collection requirement relating to referenda, is

addressed in a proposed rule on referendum procedures which is

published separately in this issue of the Federal Register.

Under the proposed program, first handlers would be required to

collect assessments from producers and file reports with and submit

assessments to the USABC. While the proposed Order would impose certain

record keeping requirements on first handlers, information required

under the proposed Order could be compiled from records currently

maintained. Such records shall be retained for at least two years

beyond the marketing year of their applicability. The estimated annual

cost of providing the information to the USABC by an estimated 1,611

respondents (1,287 producers, 200 first handlers, 120 importers, and 4

exporters) would be $12,995 or $7,185 for all producers or $5.58 per

producer, $2,000 for all first handlers or $10.00 per first handler,

$3,800 for all importers or $31.66 per importer, and $10 for all

exporters or $2.50 per exporter.

The proposed Order's provisions have been carefully reviewed, and

every effort has been made to minimize any unnecessary record keeping

costs or requirements, including efforts to utilize information already

submitted under other blueberry programs administered by USDA.

The proposed forms would require the minimum information necessary

to effectively carry out the requirements of the program, and their use

is necessary to fulfill the intent of the Act. Such information can be

supplied without data processing equipment or outside technical

expertise. In addition, there are no additional training requirements

for individuals filling out reports and remitting assessments to the

USABC. The forms would be simple, easy to understand, and place as

small a burden as possible on the person required to file the

information.

Collecting information yearly would coincide with normal industry

business practices. Reporting other than yearly would impose an

additional and unnecessary record keeping burden on first handlers. The

timing and frequency of collecting information are intended to meet the

needs of the industry while minimizing the amount of work necessary to

fill out the required reports. In addition, the information to be

included on these forms is not available from other sources because

such information relates specifically to individual producers and first

handlers who are subject to the provisions of the Act.

Therefore, there is no practical method for collecting the required

information without the use of these forms.

Information collection requirements that are included in this

proposal include:

(1) A Background Information Form

Estimate of Burden: Public reporting for this collection of

information is estimated to average 0.5 hours per response for each

producer.

Respondents: Producers, importers, exporters, and first handlers.

Estimated number of Respondents: 18 (52 for initial nominations to

the USABC, 28 in the second year, and 24 in the fourth year).

Estimated number of Responses per Respondent: 1 every 3 years.

Estimated Total Annual Burden on Respondents: 26 hours for the

initial nominations to the promotion board and 9 hours annually

thereafter.

(2) An Annual Report by Each First Handler of Blueberries

Estimate of Burden: Public reporting burden for this collection of

information is estimated to average 0.5 hours per each first handler

reporting on blueberries handled.

Respondents: First handlers.

Estimated number of Respondents: 200.

Estimated number of Responses per Respondent: 1.

Estimated Total Annual Burden on Respondents: 100 hours.

(3) A Request for Certificate of Exemption

Estimate of Burden: Public reporting burden for this collection of

information is estimated to average 0.5 hours per first handler,

producer, or importer reporting on blueberries handled. Upon approval

of an application, producers and importers will receive exemption

certification.

Respondents: Producers and importers.

Estimated number of Respondents: 200.

Estimated number of Responses per Respondent: 1.

Estimated Total Annual Burden on Respondents: 100 hours.

(4) Importer Application for Reimbursement of Assessment

Estimate of Burden: Public reporting burden for this collection of

information is estimated to average 0.5 hours per importer requesting a

refund.

Respondents: Producers and importers.

Estimated number of Respondents: 45.

Estimated number of Responses per Respondent: 12.

Estimated Total Annual Burden on Respondents: 270 hours.

(5) A Requirement to Maintain Records Sufficient to Verify Reports

Submitted Under the Order

Estimate of Burden: Public record keeping burden for keeping this

information is estimated to average 0.5 hours per recordkeeper

maintaining such records.

Recordkeepers: Producers, first handlers, and importers.

Estimated number of recordkeepers: 1,607.

Estimated total record keeping hours: 803.5 hours.

Comments are invited on: (a) Whether the proposed collection of

information is necessary for the proper performance of functions of the

Order and the USDA's oversight of the program, including whether the

information will have practical utility; (b) the accuracy of USDA's

estimate of the burden of the proposed collection of information,

including the validity of the methodology and assumption used; (c) ways

to enhance the quality, utility, and clarity of the information to be

collected; and (d) ways to minimize the burden of the collection of

information on those who are to respond, including the use of

appropriate automated, electronic, mechanical, or other technological

collection techniques or other forms of information technology.

The Act provides for the submission of proposals for a blueberry

promotion, research, and information order by industry organizations or

any other interested person affected by the Act.

Comments concerning the information collection requirements

contained in this action should reference OMB No. 0581-0093. Comments

addressing the nomination background information form should reference

OMB No. 0505-0001. In addition, the docket number, date, and page

number of this issue of the Federal Register also should be referenced.

Comments should be sent to the USDA Docket Clerk and the OMB Desk

Officer for Agriculture at the addresses and within the time frames

listed above. All

[[Page 39794]]

comments received will be available for public inspection during

regular business hours at the same address. All responses to this

notice will be summarized and included in the request for OMB approval.

OMB is required to make a decision concerning the collection of

information contained in this rule between 30 and 60 days after

publication. Therefore, a comment to OMB is best assured of having its

full effect if OMB receives it within 30 days of publication.

Background

The Act authorizes the Secretary, under a generic authority, to

establish agricultural commodity research and promotion orders. The Act

provides for a number of optional provisions that allow the tailoring

of orders for different commodities. Section 516 of the Act provides

permissive terms for orders, and other sections provide for

alternatives. For example, Section 514 of the Act provides for orders

applicable to (1) producers, (2) first handlers and others in the

marketing chain as appropriate, and (3) importers (if importers are

subject to assessment). Section 516 authorizes an order to provide for

exemption of de minimis quantities of an agricultural commodity;

different payment and reporting schedules; coverage of research,

promotion, and information activities to expand, improve, or make more

efficient the marketing or use of an agricultural commodity in both

domestic and foreign markets; provision for reserve funds; provision

for credits for generic and branded activities; and assessment of

imports. In addition, Section 518 of the Act provides for referenda to

ascertain approval of an order to be conducted either prior to its

going into effect or within 3 years after assessments first begin under

the order. The order also may provide for its approval in a referendum

based upon different voting patterns. Section 515 provides for

establishment of a board from among producers, first handlers and

others in the marketing chain as appropriate, and importers, if imports

are subject to assessment.

This proposed Order includes provisions for both domestic and

foreign market expansion and improvement, reserve funds, and an initial

referendum to be conducted prior to the Order going into effect.

Approval would be based upon a majority of the blueberry production and

imports represented by the persons voting in the referendum.

The proponent has requested the establishment of a national

blueberry promotion, research, and information order pursuant to the

Act. The Act authorizes the establishment and operation of generic

promotion programs which may include a combination of promotion,

research, industry information, and consumer information activities

funded by mandatory assessments. These programs are designed to

maintain and expand markets and uses for agricultural commodities. This

proposal would provide for the development and financing of an

effective and coordinated program of research, promotion, and

information for blueberries. The purpose of the program would be to

strengthen the position of blueberries in domestic and foreign markets,

and to develop, maintain, and expand markets for blueberries.

The program would not become effective until approved in a

referendum conducted by USDA. Section 518 of the Act provides for USDA

(1) to conduct an initial referendum, preceding a proposed order's

effective date, among persons who would pay assessments under the

program or (2) to implement a proposed order, pending the conduct of a

referendum, among persons subject to assessments, within three years

after assessments first begin.

In accordance with Section 518(e) of the Act, the results of the

referendum must be determined one of three ways: (1) approval by a

majority of those persons voting; (2) approval by persons voting who

represent a majority of the volume of the commodity covered by the

program; or (3) approval by a majority of the persons voting who also

represent a majority of the volume of the commodity produced, handled,

or imported by the persons voting.

The proponent has recommended that the Secretary conduct a

referendum in which approval of the Order would be based on producers

and importers voting for approval who represent a majority of the

volume of blueberries. The proponent has also recommended that a

referendum be conducted prior to the proposed order going into effect.

In accordance with the Act, USDA would oversee the program's

operations. In addition, the Act requires the Secretary to conduct

subsequent referenda: (1) not later than 7 years after assessments

first begin under the Order; or (2) at the request of the board

established under the Order; or (3) at the request of 10 percent or

more of the number of persons eligible to vote. The proponent group has

requested that a referendum be conducted every five years to determine

if producers and importers want the program to continue.

In addition to these criteria, the Act provides that the Secretary

may conduct a referendum at any time to determine whether the

continuation, suspension, or termination of the Order or a provision of

the Order is favored by persons eligible to vote.

A national research and promotion program for blueberries would

help the industry to address the many market problems it currently

faces. According to the proponent, three main factors currently

affecting blueberry sales, both here in the domestic market and abroad,

are increasing production, aggressive competition, and changing

consumer habits.

Over the years, increased blueberry production has led to depressed

grower prices and increasing cold storage inventory levels. Though

slightly lower production and inventory levels in 1996 and early 1997

improved grower returns to more profitable levels, record production in

1997 led once again to a build up in cold storage inventory of frozen

blueberries and a downturn in grower prices in late 1997 and early

1998. The potential for continued increases in tonnage from new

plantings, expected to come into full production in the future, will

continue to affect the balance of supply and demand and threaten to

depress grower returns.

The blueberry industry has seen tremendous growth in the Northwest

and Southern states which accounted for an estimated 19.9 percent of

total U.S. blueberry acreage in 1980 and an estimated 38.6 percent of

acres by 1996. The growth in the Northwest is an important factor for

the future of the industry, given its production potential. Over the

years, yield per acre in the Northwest has been substantially above

that of the major growing regions of Michigan and New Jersey. On

average, from 1990 to 1996, Oregon produced 71 percent more blueberries

per acre than New Jersey (3.6 tons per acre versus 2.1 tons per acre)

and more than twice the yield of Michigan (3.6 tons per acre versus 1.6

tons per acre). During this same time period, Washington produced an

average of 38 percent more blueberries per acre than New Jersey (2.9

tons per acre compared to 2.1 tons per acre) and 81 percent more than

Michigan (2.9 tons per acre versus 1.6 tons per acre).

The blueberry industry is facing strong competition in the

marketplace from both indirect and direct competitors. Like all food

products, the blueberry must compete for a share of the consumer

dollar. As competition in the supermarket increases, the blueberry

industry must work harder to gain its share of consumer attention at a

time when the industry's direct and indirect

[[Page 39795]]

competitors expand their promotional activities.

A recent informal survey conducted by the proponent showed that

from 1991 to 1995, the blueberry industry committed an average of 0.26

percent of farm gate value to the voluntary NABC domestic marketing

program, far below the average of products such as prunes, kiwifruit,

figs, pears, grapes, apples, citrus, and avocados whose domestic

marketing expenditures averaged 2.10 percent of crop value. Though some

individual members of the blueberry industry conduct promotional

efforts on their own as well as contribute to the NABC program, it is

extremely difficult to compete for a share of consumer and industrial

user attention when the national generic marketing expenditure is

slightly more than one-tenth the average amount of competitive

products.

The blueberry industry must also address direct competition with

the lowbush blueberry industry which is very active and aggressive in

the industrial market both in the United States and abroad. The

blueberry industry must also contend with artificial blueberries which

are making their presence felt in a wide range of national and regional

branded food products.

Changing consumer trends are also having an impact on the use of

blueberries. Of great concern to the blueberry industry is the overall

decline in home baking, given the fact that consumers perceive

blueberries as the primary baking berry. As consumers move away from

home baking of blueberry muffins and pies and decide to buy rather than

bake, the industry must increase its efforts in the industrial market

to be sure that manufacturers maintain and expand their use of

blueberries in baked applications.

It is also necessary for the industry to expand the awareness of

the versatility of blueberries and encourage new consumer and food

manufacturer uses.

In 1965, the NABC was established as a voluntary association of

U.S. and Canadian lowbush (native) and cultivated (highbush) blueberry

growers and marketers who collectively worked to promote blueberry

awareness and consumption. Over the years, the structure of the

organization changed to where the association now represents only the

cultivated blueberry industry in the United States and Canada. The 31

U.S.-based NABC members account for an estimated 78 percent of the U.S.

blueberry crop. These members, along with members from British Columbia

and Quebec, voluntarily assess themselves at a rate of $9 per ton to

fund domestic publicity and promotion efforts directed to both the

consumer and industrial user, as well as to support international

market development. The NABC generates approximately $500,000 annually.

As the only national organization funding blueberry market

development efforts, the voluntary NABC has not been able to generate

the funds necessary to support the aggressive marketing efforts needed

to help expand blueberry consumption and improve the profitability of

the industry. In order to deal with increased production, aggressive

competition, and changing consumer habits, the proponent states that a

more extensive marketing program is needed. A mandatory national

program could solve this problem. In addition, a mandatory national

program would place all domestic growers, first handlers, and importers

on an equal playing field with each investing a fair share in promoting

blueberries.

Additional funds generated through a national program would allow

the blueberry industry to take advantage of a wide range of promotional

opportunities. At a minimum, increased funding would allow the industry

to expand its current consumer, food service, and food manufacturer

promotion efforts. It would also allow for increased participation in

the USDA's Market Access Program and the opportunity to develop

stronger markets overseas. Increased funding would allow for a more

aggressive school effort (educational films, educational booklets,

Internet lesson plans, and the like) and help increase awareness and

demand among children. In addition, such a program would create the

opportunity to explore tie-in promotional activities with nationally

branded food products which would help the blueberry industry gain

advertising and in-store exposure. Further, a mandatory national

program would generate the funds for the industry to support expanded

varietal research activities, new product development efforts, and

nutritional and health research proposals.

Section 516(f) of the Act allows an order to authorize the levying

of assessments on imports of the commodity covered by the program or on

products containing that commodity, at a rate comparable to the rate

determined for the domestic agricultural commodity covered by the

order. The proponent has proposed to assess imports.

The assessment levied on domestically-produced and imported

blueberries would be used to pay for promotion, research, and consumer

and industry information as well as administration, maintenance, and

functioning of the Council. Expenses incurred by the Secretary in

implementing and administering the Order, including referenda costs,

also would be paid from assessments.

Sections 516(e)(1) and (2) of the Act state that the Secretary may

provide credits of assessments for generic and branded activities. The

proponent has elected not to propose credits for generic or branded

activities. Therefore, the terms ``generic activities'' and ``branded

activities'' are not defined in the Order, and credits for assessments

would not be made.

First handlers would be responsible for the collection of

assessments from the producer and payment to the Council. First

handlers would be required to maintain records for each producer for

whom blueberries are handled, including blueberries produced by the

first handler. In addition, first handlers would be required to file

reports regarding the collection, payment, or remittance of the

assessments.

Assessments on imported fresh and processed blueberries would be

collected by Customs at the time of entry into the United States and

remitted to the Council.

All information obtained from persons subject to this Order as a

result of record keeping and reporting requirements would be kept

confidential by all officers, employees, and agents of USDA and of the

Council. However, this information may be disclosed only if the

Secretary considers the information relevant, and the information is

revealed in a judicial proceeding or administrative hearing brought at

the direction or on the request of the Secretary or to which the

Secretary or any officer of USDA is a party. Other exceptions for

disclosure of confidential information would include the issuance of

general statements based on reports or on information relating to a

number of persons subject to an order if the statements do not identify

the information furnished by any person or the publication, by

direction of the Secretary of the name of any person violating the

Order and a statement of the particular provisions of the Order

violated by the person.

The proposed Order provides for USDA to conduct an initial

referendum preceding the proposed Order's effective date. Therefore,

the proposed Order must be approved by producers and importers voting

in the referendum. Approval will be determined by producers and

importers voting who represent a majority of the volume of

[[Page 39796]]

blueberries covered by the program. The proposed Order also provides

for subsequent referenda to be conducted (1) every 5 years after the

program is in effect, (2) at the request of the Board established under

the Order, or (3) when requested by 10 percent or more of blueberry

producers and importers covered by the Order. In addition, the

Secretary may conduct a referendum at any time.

The Act requires that such a proposed order provide for the

establishment of a board to administer the program under USDA

supervision. The proponent's proposal provides for a 12-member U.S.A.

Blueberry Council to which the Secretary would add a public member, as

stated earlier.

To ensure fair and equitable representation of the blueberry

industry on the USABC, the Act requires membership on the USABC to

reflect the geographical distribution of the production of blueberries

and the quantity or value of imports. To that end, this proposal

divides the production area into four relatively equal regions which

would each have one member on the USABC. Regions were based on the most

recent 3-year average of blueberries produced in each region. The

proposal also provides for a representative from each of the top five

blueberry producing states based on the most recent 3-year average of

blueberries produced in each state. In addition, the proposal provides

for one importer, a first handler, and a exporter position to be filled

by a representative of the foreign production area which, based on a 3-

year average, produces the most blueberries that are shipped to the

United States. Each member would have an alternate.

Upon implementation of the Order and pursuant to the Act, the USABC

would at least once in each five-year period, but not more frequently

than once in each three-year period, review the geographical

distribution of blueberries in the United States and the quantity of

blueberries imported into the United States and make a recommendation

to the Secretary after considering the results of its review and other

information it deems relevant regarding the reapportionment of the

USABC.

Members and alternates would serve for three-year terms, except

that the members and alternates appointed to the initial USABC would

serve proportionately for two, three, and four years. No member or

alternate would serve more than two consecutive three-year terms.

The proposed Order submitted by the proponent is summarized as

follows:

Sections 1218.1 through 1218.23 of the proposed Order define

certain terms, such as blueberries, producer, and importer, which are

used in the proposed Order.

Sections 1218.40 through 1216.47 include provisions relating to the

USABC. These provision cover establishment and membership, nominations,

selections, acceptance, term of office, vacancies, procedures for

conducting USABC business, alternate members, compensation and

reimbursement, and powers and duties of the USABC, which is the

governing body authorized to administer the Order through the

implementation of programs, plans, projects, budgets, and contracts to

promote and disseminate information about blueberries, subject to

oversight of the Secretary. These sections also include maintenance of

books and records by the USABC and prohibited activities of the USABC,

its employees, and agents.

Sections 1218.50 through 1218.56 cover budget review and approval;

authorize the collection of assessments; specify how assessments would

be used, including reimbursement of necessary expenses incurred by the

USABC for the performance of its duties and expenses incurred for

USDA's oversight responsibilities; specify who pays the assessment and

how; authorize the imposition of a late-payment charge on past-due

assessments; address programs, plans, and projects; require the USABC

to periodically conduct an independent review of its overall program;

specify a program operating reserve; cover the investment of assessment

funds; and address patents, copyrights, trademarks, information,

publications, and product formulations developed through the use of

assessment funds.

The proponent recommends a proposed assessment rate of $12 per ton

for domestic blueberries and imported fresh and processed blueberries.

The assessment rate may be raised or lowered after the initial

continuance referendum which would be conducted after the program has

been in operation 5 years. A referendum on a new assessment rate is not

required.

The federal debt collection procedures referenced in

Sec. 1218.52(e) include those set forth in 7 CFR 3.1 through 3.36 for

all research and promotion programs administered by AMS [60 FR 12533,

March 7, 1995].

Sections 1218.60 through 1218.62 concern reporting and

recordkeeping requirements for persons subject to the Order and protect

the confidentiality of information from such books, records, or

reports.

Sections 1218.70 through 1218.78 describe the rights of the

Secretary; authorize the Secretary to suspend or terminate the Order

when deemed appropriate; prescribe proceedings after suspension or

termination; and address personal liability, separability, and

amendments.

USDA has modified the proponent's proposal to make it consistent

with the Act and other similar national research and promotion

programs; for consistency throughout the text; and for clarity.

In the definitions, ``commodity covered'' was changed to

``blueberries,'' ``consumer information'' and ``producer information''

were combined into a definition of ``information'' to conform with the

Act. Additionally, the definition of ``research,'' and ``importer''

were altered to conform with the Act.

In the definitions and throughout the proposed Order, ``grower/

producer'' was changed to ``producer,'' ``handler'' was changed to

``first handler,'' the term ``board'' was eliminated, and ``council''

was changed to ``U.S.A. Blueberry Council'' or ``USABC.'' The terms

``plans, projects, and programs'' were deleted because they were deemed

unnecessary, and a definition for ``processed blueberries'' and ``part

and subpart'' were added. Throughout the proposed Order, the term

``blueberry products'' was changed to ``fresh and processed

blueberries,'' and, for clarity, time periods were changed to match

definitions.

The following terms were removed from the definitions:

``association,'' ``buyer,'' ``broker,'' ``distributor,'' ``packer,''

``processor,'' and ``shipper.'' These terms were removed because they

are not necessary for the administration of the proposed program.

In Sec. 1218.40 Establishment and membership, the two exporter/

importer positions on the proposed USABC have been changed to an

importer position and an exporter position. The industry's proposal

made importer representation optional. However, Sec. 515(a)(1)(B) of

the Act requires importers to have representation on boards when

imports are assessed under a program. It is estimated that imports will

represent approximately 12 percent of the assessments under this

proposed program. One of the optional importer/exporter positions has

been changed to provide for an importer position, and the other

position has been changed to provide for an exporter position. The

exporter position will be filled by a representative of the foreign

production area which, based on a 3-year average, produces the most

blueberries that are shipped to the United States. In

[[Page 39797]]

addition, to provide the opportunity for public input into USABC

deliberations, the Secretary has added a public member and alternate to

the proponent's proposed USABC. The public member and alternate would

be nominated by the USABC.

In this same section, a statement indicating that the addition of

importer members and alternates will be accomplished by notice and

rulemaking, was deleted as unnecessary.

In Sec. 1218.43 Vacancies, additional information was added to

specify that alternate members would assume the position of member if

the member position becomes vacant during a term of office. In

Sec. 1218.44, a new paragraph (g) was added to clarify that proxy

voting is not authorized. In addition, a new paragraph (h) was added to

allow the chairperson to have a vote during the USABC meetings.

In Sec. 1218.60, the date all reports are due was changed from

November 30 of the crop year to 30 days after the end of the crop year.

This phrase was changed for clarity.

In Sec. 1218.61, the length of time records must be maintained by

first handlers, producers, and importers was changed from seven years

to two years beyond the fiscal period to be consistent with other

research and promotion programs. Also, the following sections were

added to the proponent's proposal: Sec. 1218.73 Proceedings after

termination; Sec. 1218.74 Effect of termination or amendment; and

Sec. 1218.76 Separability.

Minor grammatical changes and other minor changes which do not

materially affect the text were made.

USDA has determined that this proposed Order is consistent with and

will effectuate the purposes of the Act.

The proposal set forth below has not received the approval of the

Secretary.

List of Subjects in 7 CFR Part 1218

Administrative practice and procedure, Advertising, Blueberries,

Consumer information, Marketing agreements, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, it is proposed that

chapter XI of title 7 of the Code of Federal Regulations be amended by

adding part 1218 to read as follows:

PART 1218--BLUEBERRY PROMOTION, RESEARCH, AND INFORMATION ORDER

Subpart A--Blueberry Promotion, Research, and Information Order

Definitions

Sec.

1218.1 Act.

1218.2 Blueberries.

1218.3 Conflict of interest.

1218.4 Crop year.

1218.5 Department.

1218.6 Exporter.

1218.7 First handler.

1218.8 Fiscal period.

1218.9 Importer.

1218.10 Information.

1218.11 Market or marketing.

1218.12 Order.

1218.13 Part and subpart.

1218.14 Person.

1218.15 Processed blueberries.

1218.16 Producer.

1218.17 Promotion.

1218.18 Research.

1218.19 Secretary.

1218.20 Suspend.

1218.21 Terminate.

1218.22 United States.

1218.23 USABC.

U.S.A. Blueberry Council

1218.40 Establishment and membership.

1218.41 Nominations and appointments.

1218.42 Term of office.

1218.43 Vacancies.

1218.44 Alternate members.

1218.45 Procedure.

1218.46 Compensation and reimbursement.

1218.47 Powers and duties of the U.S.A. Blueberry Council.

1218.48 Prohibited activities.

Expenses and Assessments

1218.50 Budget and expenses.

1218.51 Financial statements.

1218.52 Assessments.

1218.53 Exemption procedures.

1218.54 Programs, plans, and projects.

1218.55 Independent evaluation.

1218.56 Patents, copyrights, trademarks, information, publications,

and product formulations.

Reports, Book, and Records

1218.60 Reports.

1218.61 Books and records.

1218.62 Confidential treatment.

Miscellaneous

1218.70 Right of the Secretary.

1218.71 Referenda.

1218.72 Suspension and termination.

1218.73 Proceedings after termination.

1218.74 Effect of termination or amendment.

1218.75 Personal liability.

1218.76 Separability.

1218.77 Amendments.

1218.78 OMB control numbers.

Authority: 7 U.S.C. 7401-7425.

Subpart A--Blueberry Promotion, Research, and Information Order

Definitions

Sec. 1218.1 Act.

Act means the Commodity Promotion, Research, and Information Act of

1996 (7 U.S.C.7401-7425; Pub. L. 104-127; 110 Stat. 1029), or any

amendments thereto.

Sec. 1218.2 Blueberries.

Blueberries means cultivated blueberries grown in or imported into

the United States of the genus Vaccinium Corymbosum and Ashei,

including the northern highbush, southern highbush, and rabbit eye

varieties and excluding the lowbush (native) blueberry Vaccinium

Angustifolium.

Sec. 1218.3 Conflict of interest.

Conflict of interest means a situation in which a member or

employee of the U.S.A. Blueberry Council has a direct or indirect

financial interest in a person who performs a service for, or enters

into a contract with, the Council for anything of economic value.

Sec. 1218.4 Crop year.

Crop year means the 12-month period from November 1 through October

31 of the following year or such other period approved by the

Secretary.

Sec. 1218.5 Department.

Department means the U.S. Department of Agriculture.

Sec. 1218.06 Exporter.

Exporter means a person involved in exporting blueberries from

another country to the United States.

Sec. 1218.7 First handler.

First handler means any person, (excluding a common or contact

carrier), receiving blueberries from producers and who as owner, agent,

or otherwise ships or causes blueberries to be shipped as specified in

the order. This definition includes those engaged in the business of

buying, selling and/or offering for sale; receiving; packing; grading;

marketing; or distributing blueberries in commercial quantities. This

does not include a retailer, except a retailer who purchases or

acquires from, or handles on behalf of any producer, blueberries.

Sec. 1218.8 Fiscal period.

Fiscal period means a calendar year from January 1 through December

31, or such other period as approved by the Secretary.

[[Page 39798]]

Sec. 1218.09 Importer.

Importer means any person who imports fresh or processed

blueberries into the United States as a principal or as an agent,

broker, or consignee of any person who produces or handles fresh or

processed blueberries outside of the United States for sale in the

United States, and who is listed in the import records as the importer

of record for such blueberries.

Sec. 1218.10 Information.

Information means information and programs that are designed to

increase efficiency in processing and to develop new markets, marketing

strategies, increase market efficiency, and activities that are

designed to enhance the image of blueberries on a national or

international basis. These include:

(a) Consumer information, which means any action taken to provide

information to, and broaden the understanding of, the general public

regarding the consumption, use, nutritional attributes, and care of

blueberries; and

(b) Industry information, which means information and programs that

will lead to the development of new markets, new marketing strategies,

or increased efficiency for the blueberry industry, and activities to

enhance the image of the blueberry industry.

Sec. 1218.11 Market or marketing.

(a) Marketing means the sale or other disposition of blueberries in

any channel of commerce.

(b) To market means to sell or otherwise dispose of blueberries in

interstate, foreign, or intrastate commerce.

Sec. 1218.12 Order.

Order means an order issued by the Secretary under section 514 of

the Act that provides for a program of generic promotion, research, and

information regarding agricultural commodities authorized under the

Act.

Sec. 1218.13 Part and subpart.

Part means the Blueberry Promotion, Research, and Information Order

and all rules, regulations, and supplemental orders issued pursuant to

the Act and the Order. The Order shall be a subpart of such part.

Sec. 1218.14 Person.

Person means any individual, group of individuals, partnership,

corporation, association, cooperative, or any other legal entity.

Sec. 1218.15 Processed blueberries.

Processed blueberries means blueberries which have been frozen,

dried, pureed, or made into juice.

Sec. 1218.16 Producer.

Producer means any person who grows blueberries in the United

States for sale in commerce, or a person who is engaged in the business

of producing, or causing to be produced for any market, blueberries

beyond the person's own family use and having value at first point of

sale.

Sec. 1218.17 Promotion.

Promotion means any action taken to present a favorable image of

blueberries to the general public and the food industry for the purpose

of improving the competitive position of blueberries both in the United

States and abroad and stimulating the sale of blueberries. (This

includes paid advertising and public relations.)

Sec. 1218.18 Research.

Research means any type of test, study, or analysis designed to

advance the image, desirability, use, marketability, production,

product development, or quality of blueberries, including research

relating to nutritional value, cost of production, new product

development, varietal development, nutritional value, health research,

and marketing of blueberries.

Sec. 1218.19 Secretary.

Secretary means the Secretary of Agriculture of the United States,

or any officer or employee of the Department to whom authority has

heretofore been delegated, or to whom authority may hereafter be

delegated, to act in the Secretary's stead.

Sec. 1218.20 Suspend.

Suspend means to issue a rule under section 553 of title 5, U.S.C.,

to temporarily prevent the operation of an order or part thereof during

a particular period of time specified in the rule.

Sec. 1218.21 Terminate.

Terminate means to issue a rule under section 553 of title 5,

U.S.C., to cancel permanently the operation of an order or part thereof

beginning on a date certain specified in the rule.

Sec. 1218.22 United States.

United States means collectively the 50 states, the District of

Columbia, the Commonwealth of Puerto Rico, and the territories and

possessions of the United States.

Sec. 1218.23 USABC.

USABC, or U.S.A. Blueberry Council, means the administrative body

established pursuant to Sec. 1218.40.

U.S.A. Blueberry Council

Sec. 1218.40 Establishment and membership.

(a) Establishment of the U.S.A. Blueberry Council. There is hereby

established a U.S.A. Blueberry Council, hereinafter called the USABC,

composed of no more than 13 members and alternates, appointed by the

Secretary from the nominations as follows:

(1) One producer member and alternate from each of the following

regions:

(i) Region #1 Western Region (all states from the Pacific east to

the Rockies): Alaska, Arizona, California, Colorado, Hawaii, Idaho,

Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

(ii) Region #2 Midwest Region (all states east of the Rockies to

the Great Lakes and south to the Kansas/Missouri/Kentucky state line)

Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota,

Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.

(iii) Region #3 Northeast Region (all states east of the Great

Lakes and North of the North Carolina/Tennessee state line)

Connecticut, Delaware, New York, Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, Pennsylvania, Rhode Island, Virginia, Vermont,

Washington, D.C., and West Virginia.

(iv) Region #4 Southern Region (all states south of the Virginia/

Kentucky/Missouri/Kansas state line and east of the Rockies) Alabama,

Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina,

Oklahoma, Puerto Rico, South Carolina, Tennessee, and Texas.

(2) One producer member and alternate from each of the top five

blueberry producing states, based upon the average of the total tons

produced over the previous three years. Average tonnage will be based

upon North American Blueberry Council production figures for the

initial election and production and assessment figures generated by the

USABC thereafter.

(3) One importer and alternate.

(4) One exporter and alternate shall be filled by foreign blueberry

producers currently shipping blueberries into the United States from

the largest foreign blueberry production area, based on a 3-year

average.

(5) One first handler member and alternate shall be filled by a

United States based independent or cooperative organization which is a

producer/shipper of domestic blueberries.

[[Page 39799]]

(6) One public member and alternate.

(b) Adjustment of membership. At least once every five years, the

USABC will review the geographical distribution of United States

production of blueberries and the quantity of imports. The review will

be conducted through an audit of state crop production figures and

USABC assessment receipts. If warranted, the USABC will recommend to

the Secretary that membership on the USABC be altered to reflect any

changes in geographical distribution of domestic blueberry production

and the quantity of imports. If the level of imports increases,

importer members and alternates may be added to the USABC.

Sec. 1218.41 Nominations and appointments.

(a) Nominations for regional and state representatives will be made

by mail ballot.

(b) In a case where a state has a state blueberry commission or

marketing order in place, the state commission or committee will

nominate members and alternates to serve on the USABC. At least two

nominees shall be submitted to the Secretary for each member and each

alternate.

(c) Nomination and election of regional, and state representatives

where no commission or order is in place will be handled by the USABC,

provided that the initial nominations will be handled by the North

American Blueberry Council. The USABC will seek nominations for members

and alternates from the specific states and/or regions. Nominations

will be returned to the USABC and placed on a ballot which will then be

sent to producers in the state and/or region for vote. The final

nominee for member will have received the highest number of votes cast.

The person with the second highest number of votes cast will be the

final nominee for alternate. The persons with the third and fourth

place highest number of votes cast will be designated as additional

nominees for consideration by the Secretary.

(d) Nominations for the importer, exporter, first handler, and

public member positions will be made by the USABC. Two nominees for

each member and alternate position will be submitted to the Secretary

for consideration.

(e) From the nominations, the Secretary shall select the members of

the USABC and alternates for each position on the USABC.

Sec. 1218.42 Term of office.

USABC members and alternates will serve for a term of three years

and be able to serve a maximum of two consecutive terms. A USABC member

may serve as an alternate during the years the member is ineligible for

a member position. When the USABC is first established, the state

representatives, first handler member, and their respected alternates

will be assigned initial terms of three years. Regional

representatives, the importer member, the exporter member, public

member, and their alternates will serve an initial term of two years.

Thereafter, each of these positions will carry a full three-year term.

USABC nominations and appointments will take place in two out of every

three years. Each term of office will end on December 31, with new

terms of office beginning on January 1.

Sec. 1218.43 Vacancies.

(a) In the event any member of the USABC ceases to be a member of

the category of members from which the member was appointed to the

USABC, such position shall automatically become vacant.

(b) If a member of the USABC consistently refuses to perform the

duties of a member of the USABC, or if a member of the USABC engages in

acts of dishonesty or willful misconduct, the USABC may recommend to

the Secretary that the member be removed from office. If the Secretary

finds the recommendation of the USABC shows adequate cause, the

Secretary shall remove such member from office.

(c) Should any member position become vacant, the alternate of that

member shall automatically assume the position of said member. Should

the positions of both a member and such member's alternate become

vacant, successors for the unexpired terms of such member and alternate

shall be appointed in the manner specified in Sec. 1218.40 and

Sec. 1218.41, except that said nomination and replacement shall not be

required if said unexpired terms are less than six months.

Sec. 1218.44 Alternate members.

An alternate member of the USABC, during the absence of the member

for whom the person is the alternate, shall act in the place and stead

of such member and perform such duties as assigned. In the event of

death, removal, resignation, or disqualification of any member, the

alternate for that member shall automatically assume the position of

said member. In the event that both a producer member of the USABC and

the alternate are unable to attend a meeting, the USABC may not

designate any other alternate to serve in such member's or alternate's

place and stead for such a meeting.

Sec. 1218.45 Procedure.

(a) At a USABC meeting, it will be considered a quorum when a

minimum of seven members, or their alternates serving in the absence,

are present.

(b) At the start of each fiscal period, the USABC will select a

chairperson and vice chairperson who will conduct meetings throughout

that period.

(c) All USABC members and alternates will receive a minimum of 10

days advance notice of all USABC and committee meetings.

(d) Each member of the USABC will be entitled to one vote on any

matter put to the USABC, and the motion will carry if supported by one

vote more than 50 percent of the total votes represented by the USABC

members present.

(e) It will be considered a quorum at a committee meeting when at

least one more than half of those assigned to the committee are

present. Alternates may also be assigned to committees as necessary.

(f) In lieu of voting at a properly convened meeting and, when in

the opinion of the chairperson of the USABC such action is considered

necessary, the USABC may take action if supported by one vote more than

50 percent of the members by mail, telephone, electronic mail,

facsimile, or any other means of communication, and all telephone votes

shall be confirmed promptly in writing. In that event, all members must

be notified and provided the opportunity to vote. Any action so taken

shall have the same force and effect as though such action had been

taken at a properly convened meeting of the USABC. All votes shall be

recorded in USABC minutes.

(g) There shall be no voting by proxy.

(h) The chairperson shall be a voting member.

(i) The organization of the USABC and the procedures for the

conducting of meetings of the USABC shall be in accordance with its

bylaws, which shall be established by the USABC and approved by the

Secretary.

Sec. 1218.46 Compensation and reimbursement.

The members of the USABC, and alternates when acting as members,

shall serve without compensation but shall be reimbursed for reasonable

travel expenses, as approved by the USABC, incurred by them in the

performance of their duties as USABC members.

Sec. 1218.47 Powers and duties of the U.S.A. Blueberry Council.

The USABC shall have the following powers and duties:

(a) To administer the Order in accordance with its terms and

conditions and to collect assessments;

[[Page 39800]]

(b) To develop and recommend to the Secretary for approval such

bylaws as may be necessary for the functioning of the USABC, and such

rules as may be necessary to administer the Order, including activities

authorized to be carried out under the Order;

(c) To meet, organize, and select from among the members of the

USABC a chairperson, other officers, committees, and subcommittees, as

the USABC determines to be appropriate;

(d) To employ persons, other than the members, as the USABC

considers necessary to assist the USABC in carrying out its duties and

to determine the compensation and specify the duties of such persons;

(e) To develop programs and projects, and enter into contracts or

agreements, which must be approved by the Secretary before becoming

effective, for the development and carrying out of programs or projects

of research, information, or promotion, and the payment of costs

thereof with funds collected pursuant to this subpart. Each contract or

agreement shall provide that any person who enters into a contract or

agreement with the USABC shall develop and submit to the USABC a

proposed activity; keep accurate records of all of its transactions

relating to the contract or agreement; account for funds received and

expended in connection with the contract or agreement; make periodic

reports to the USABC of activities conducted under the contract or

agreement; and make such other reports available as the USABC or the

Secretary considers relevant. Any contract or agreement shall provide

that:

(1) The contractor or agreeing party shall develop and submit to

the USABC a program, plan, or project together with a budget or budgets

that shall show the estimated cost to be incurred for such program,

plan, or project;

(2) The contractor or agreeing party shall keep accurate records of

all its transactions and make periodic reports to the USABC of

activities conducted, submit accounting for funds received and

expended, and make such other reports as the Secretary or the USABC may

require;

(3) The Secretary may audit the records of the contracting or

agreeing party periodically; and

(4) Any subcontractor who enters into a contract with a USABC

contractor and who receives or otherwise uses funds allocated by the

USABC shall be subject to the same provisions as the contractor.

(f) To prepare and submit for approval of the Secretary fiscal year

budgets in accordance with Sec. 1218.50;

(g) To maintain such records and books and prepare and submit such

reports and records from time to time to the Secretary as the Secretary

may prescribe; to make appropriate accounting with respect to the

receipt and disbursement of all funds entrusted to it; and to keep

records that accurately reflect the actions and transactions of the

USABC;

(h) To cause its books to be audited by a competent auditor at the

end of each fiscal year and at such other times as the Secretary may

request, and to submit a report of the audit directly to the Secretary;

(i) To give the Secretary the same notice of meetings of the USABC

as is given to members in order that the Secretary's representative(s)

may attend such meetings, and to keep and report minutes of each

meeting of the USABC to the Secretary;

(j) To act as intermediary between the Secretary and any producer,

first handler, importer, or exporter;

(k) To furnish to the Secretary any information or records that the

Secretary may request;

(l) To receive, investigate, and report to the Secretary complaints

of violations of the Order;

(m) To recommend to the Secretary such amendments to the Order as

the USABC considers appropriate; and

(n) To work to achieve an effective, continuous, and coordinated

program of promotion, research, consumer information, evaluation, and

industry information designed to strengthen the blueberry industry's

position in the marketplace; maintain and expand existing markets and

uses for blueberries; and to carry out programs, plans, and projects

designed to provide maximum benefits to the blueberry industry.

Sec. 1218.48 Prohibited activities.

The USABC may not engage in, and shall prohibit the employees and

agents of the USABC from engaging in:

(a) Any action that would be a conflict of interest; and

(b) Using funds collected by the USABC under the Order to undertake

any action for the purpose of influencing legislation or governmental

action or policy, by local, state, national, and foreign governments,

other than recommending to the Secretary amendments to the Order;

Expenses and Assessments

Sec. 1218.50 Budget and expenses.

(a) At least 60 days prior to the beginning of each fiscal year,

and as may be necessary thereafter, the USABC shall prepare and submit

to the Secretary a budget for the fiscal year covering its anticipated

expenses and disbursements in administering this subpart. Each such

budget shall include:

(1) A statement of objectives and strategy for each program, plan,

or project;

(2) A summary of anticipated revenue, with comparative data for at

least one preceding year (except for the initial budget);

(3) A summary of proposed expenditures for each program, plan, or

project; and

(4) Staff and administrative expense breakdowns, with comparative

data for at least one preceding year (except for the initial budget).

(b) Each budget shall provide adequate funds to defray its proposed

expenditures and to provide for a reserve as set forth in this subpart.

(c) Subject to this section, any amendment or addition to an

approved budget must be approved by the Secretary, including shifting

funds from one program, plan, or project to another. Shifts of funds

which do not cause an increase in the USABC's approved budget and which

are consistent with governing bylaws need not have prior approval by

the Secretary.

(d) The USABC is authorized to incur such expenses, including

provision for a reasonable reserve, as the Secretary finds are

reasonable and likely to be incurred by the USABC for its maintenance

and functioning, and to enable it to exercise its powers and perform

its duties in accordance with the provisions of this subpart. Such

expenses shall be paid from funds received by the USABC.

(e) With approval of the Secretary, the USABC may borrow money for

the payment of administrative expenses, subject to the same fiscal,

budget, and audit controls as other funds of the USABC. Any funds

borrowed by the USABC shall be expended only for startup costs and

capital outlays and are limited to the first year of operation of the

USABC.

(f) The USABC may accept voluntary contributions, but these shall

only be used to pay expenses incurred in the conduct of programs,

plans, and projects. Such contributions shall be free from any

encumbrance by the donor and the USABC shall retain complete control of

their use.

(g) The USABC may also receive funds provided through the

Department's Foreign Agricultural Service or from other sources, with

the approval of the Secretary, for authorized activities.

(h) The USABC shall reimburse the Secretary for all expenses

incurred by the Secretary in the implementation, administration, and

supervision of the

[[Page 39801]]

Order, including all referendum costs in connection with the Order.

(i) The USABC may not expend for administration, maintenance, and

functioning of the USABC in any fiscal year an amount that exceeds 15

percent of the assessments and other income received by the USABC for

that fiscal year. Reimbursements to the Secretary required under

paragraph (h) are excluded from this limitation on spending.

Sec. 1218.51 Financial statements.

(a) As requested by the Secretary, the USABC shall prepare and

submit financial statements to the Secretary on a periodic basis. Each

such financial statement shall include, but not be limited to, a

balance sheet, income statement, and expense budget. The expense budget

shall show expenditures during the time period covered by the report,

year-to-date expenditures, and the unexpended budget.

(b) Each financial statement shall be submitted to the Secretary

within 30 days after the end of the time period to which it applies.

(c) The USABC shall submit annually to the Secretary an annual

financial statement within 90 days after the end of the fiscal year to

which it applies.

Sec. 1218.52 Assessments.

(a) The funds to cover the Board's expenses shall be acquired by

the levying of assessments upon producers and importers.

(b) The collection of assessments on domestic blueberries will be

the responsibility of the first handler receiving the blueberries. In

the case of the producer acting as its own first handler, the producer

will be required to collect and remit its individual assessments.

(c) Such assessments shall be levied at a rate of $12 per ton on

all blueberries. The assessment rate will be reviewed, and may be

modified with the approval of the Secretary, after the first referendum

is conducted as stated in Sec. 1218.71(b).

(d) Each importer of fresh and processed blueberries shall pay an

assessment to the USABC on blueberries imported for marketing in the

United States, through the U.S. Customs Service.

(1) The assessment rate for imported fresh and processed

blueberries shall be the same or equivalent to the rate for fresh

blueberries produced in the United States.

(2) The import assessment shall be uniformly applied to imported

fresh and frozen blueberries that are identified by the numbers

0810.40.0028 and 0811.90.2028, respectively, in the Harmonized Tariff

Schedule of the United States or any other numbers used to identify

fresh and frozen blueberries. Assessments on other types of imported

processed blueberries, such as dried blueberries, puree, and juice, may

be added at the recommendation of the USABC with the approval of the

Secretary.

(3) The assessments due on imported fresh and processed blueberries

shall be paid when they enter or are withdrawn for consumption in the

United States.

(e) All assessment payments and reports will be submitted to the

office of the USABC. All final payments for a crop year are to be

received no later than November 30 of that year. Payments received

after that date will be subject to a late payment charge to be

determined by the USABC with the approval of the Secretary. The late

payment charge will be in the form of interest on the outstanding

portion of any amount for which the person is liable. The rate of

interest shall be prescribed by the Secretary.

(f) Persons failing to remit total assessments due in a timely

manner may also be subject to actions under federal debt collection

procedures.

(g) The USABC may authorize other organizations to collect

assessments on its behalf with the approval of the Secretary.

Sec. 1218.53 Exemption procedures.

(a) Any producer who produces less than 2,000 pounds of blueberries

annually who desires to claim an exemption from assessments during a

fiscal year as provided in Sec. 1218.52 shall apply to the USABC, on a

form provided by the USABC, for a certificate of exemption. Such

producer shall certify that the producer's production of blueberries

shall be less than 2,000 pounds for the fiscal year for which the

exemption is claimed. Any importer who imports less than 2,000 pounds

of fresh and processed blueberries annually who desires to claim an

exemption from assessments during a fiscal year as provided in

Sec. 1218.52 shall apply to the USABC, on a form provided by the USABC,

for a certificate of exemption. Such importer shall certify that the

importer's importation of fresh and processed blueberries shall not

exceed 2,000 pounds, for the fiscal year for which the exemption is

claimed.

(b) On receipt of an application, the USABC shall determine whether

an exemption may be granted. The USABC then will issue, if deemed

appropriate, a certificate of exemption to each person who is eligible

to receive one. Each producer who is exempt from assessment must

provide an exemption number to the first handler in order to be exempt

from the collection of an assessment on blueberries. First handlers and

importers, except as otherwise authorized by the USABC, shall maintain

records showing the exemptee's name and address along with the

exemption number assigned by the USABC.

(c) Importers who are exempt from assessment shall be eligible for

reimbursement of assessments collected by the U.S. Customs Service and

shall apply to the USABC for reimbursement of such assessments paid. No

interest will be paid on assessments collected by the U.S. Customs

Service. Requests for reimbursement shall be submitted to the USABC

within 90 days of the last day of the year the blueberries were

actually imported.

(d) Any person who desires an exemption from assessments for a

subsequent fiscal year shall reapply to the USABC, on a form provided

by the USABC, for a certificate of exemption.

(e) The USABC may require persons receiving an exemption from

assessments to provide to the USABC reports on the disposition of

exempt blueberries and, in the case of importers, proof of payment of

assessments.

Sec. 1218.54 Programs, plans, and projects.

(a) The USABC shall receive and evaluate, or on its own initiative

develop, and submit to the Secretary for approval any program, plan, or

project authorized under this subpart. Such programs, plans, or

projects shall provide for:

(1) The establishment, issuance, effectuation, and administration

of appropriate programs for promotion, research, and information,

including producer and consumer information, with respect to fresh and

processed blueberries; and

(2) The establishment and conduct of research with respect to the

use, nutritional value, sale, distribution, and marketing of fresh and

processed blueberries, and the creation of new products thereof, to the

end that the marketing and use of blueberries may be encouraged,

expanded, improved, or made more acceptable and to advance the image,

desirability, or quality of fresh and processed blueberries.

(b) No program, plan, or project shall be implemented prior to its

approval by the Secretary. Once a program, plan, or project is so

approved, the USABC shall take appropriate steps to implement it.

(c) Each program, plan, or project implemented under this subpart

shall be reviewed or evaluated periodically by

[[Page 39802]]

the USABC to ensure that it contributes to an effective program of

promotion, research, or consumer information. If it is found by the

USABC that any such program, plan, or project does not contribute to an

effective program of promotion, research, or consumer information, then

the USABC shall terminate such program, plan, or project.

(d) No program, plan, or project including advertising shall be

false or misleading or disparaging another agricultural commodity.

Blueberries of all origins shall be treated equally.

Sec. 1218.55 Independent evaluation.

The USABC shall, not less often than every five years, authorize

and fund, from funds otherwise available to the USABC, an independent

evaluation of the effectiveness of the Order and other programs

conducted by the USABC pursuant to the Act. The USABC shall submit to

the Secretary, and make available to the public, the results of each

periodic independent evaluation conducted under this paragraph.

Sec. 1218.56 Patents, copyrights, trademarks, information,

publications, and product formulations.

Patents, copyrights, trademarks, information, publications, and

product formulations developed through the use of funds received by the

USABC under this subpart shall be the property of the U.S. Government

as represented by the USABC and shall, along with any rents, royalties,

residual payments, or other income from the rental, sales, leasing,

franchising, or other uses of such patents, copyrights, trademarks,

information, publications, or product formulations, inure to the

benefit of the USABC; shall be considered income subject to the same

fiscal, budget, and audit controls as other funds of the USABC; and may

be licensed subject to approval by the Secretary. Upon termination of

this subpart, Sec. 1218.73 shall apply to determine disposition of all

such property.

Reports, Book, and Records

Sec. 1218.60 Reports.

(a)(1) Each first handler subject to this subpart may be required

to provide to the USABC periodically such information as may be

required by the USABC, with the approval of the Secretary, which may

include but not be limited to the following:

(i) Number of pounds handled;

(ii) Number of pounds on which an assessment was collected;

(iii) Name and address of person from whom the first handler has

collected the assessments on each pound handled; and

(iv) Date collection was made on each pound handled.

(2) All reports are due to the USABC 30 days after the end of the

crop year.

(b)(1) Each producer and importer subject to this subpart may be

required to provide to the USABC periodically such information as may

be required by the USABC, with the approval of the Secretary, which may

include but not be limited to the following:

(i) Number of pounds produced;

(ii) Number of pounds on which an assessment was paid;

(iii) Name and address of the producer;

(iv) Date collection was made on each pound produced.

(2) All reports are due to the USABC 30 days after the end of the

crop year.

Sec. 1218.61 Books and records.

Each first handler, producer, and importer subject to this subpart

shall maintain and make available for inspection by the Secretary such

books and records as are necessary to carry out the provisions of this

subpart and the regulations issued thereunder, including such records

as are necessary to verify any reports required. Such records shall be

retained for at least 2 years beyond the fiscal period of their

applicability.

Sec. 1218.62 Confidential treatment.

All information obtained from books, records, or reports under the

Act, this subpart, and the regulations issued thereunder shall be kept

confidential by all persons, including all employees and former

employees of the USABC, all officers and employees and former officers

and employees of contracting and subcontracting agencies or agreeing

parties having access to such information. Such information shall not

be available to USABC members, producers, importers, exporters, or

first handlers. Only those persons having a specific need for such

information to effectively administer the provisions of this subpart

shall have access to such information. Only such information so

obtained as the Secretary deems relevant shall be disclosed by them,

and then only in a judicial proceeding or administrative hearing

brought at the direction, or on the request, of the Secretary, or to

which the Secretary or any officer of the United States is a party, and

involving this subpart. Nothing in this section shall be deemed to

prohibit:

(a) The issuance of general statements based upon the reports of

the number of persons subject to this subpart or statistical data

collected therefrom, which statements do not identify the information

furnished by any person; and

(b) The publication, by direction of the Secretary, of the name of

any person who has been adjudged to have violated this subpart,

together with a statement of the particular provisions of this subpart

violated by such person.

Miscellaneous

Sec. 1218.70 Right of the Secretary.

All fiscal matters, programs, plans, or projects, rules or

regulations, reports, or other substantive actions proposed and

prepared by the USABC shall be submitted to the Secretary for approval.

Sec. 1218.71 Referenda.

(a) Initial referendum. The Order shall not become effective

unless:

(1) The Secretary determines that the Order is consistent with and

will effectuate the purposes of the Act; and

(2) The Order is approved by a simple majority of the blueberry

volume represented by the eligible producers and importers voting in a

referendum who, during a representative period determined by the

Secretary, have been engaged in the production or importation of

blueberries.

(b) Subsequent referenda. Every five years, the Secretary shall

hold a referendum to determine whether blueberry producers and

importers favor the continuation of the Order. The Order shall continue

if it is approved by a simple majority of the blueberry volume

represented by the eligible producers and importers voting in a

referendum who, during a representative period determined by the

Secretary, have been engaged in the production or importation of

blueberries. The Secretary will also conduct a referendum if 10 percent

or more of all eligible blueberry producers and importers request the

Secretary to hold a referendum. In addition, the Secretary may hold a

referendum at any time.

Sec. 1218.72 Suspension and termination.

(a) The Secretary shall suspend or terminate this part or subpart

or a provision thereof if the Secretary finds that the subpart or a

provision thereof obstructs or does not tend to effectuate the purposes

of the Act, or if the Secretary determines that this subpart or a

provision thereof is not favored by persons voting in a referendum

conducted pursuant to the Act.

(b) The Secretary shall suspend or terminate this subpart at the

end of the marketing year whenever the Secretary determines that its

suspension or termination is approved or favored by a

[[Page 39803]]

simple majority of the blueberry volume represented by eligible

producers and importers voting in a referendum who, during a

representative period determined by the Secretary, have been engaged in

the production or importation of blueberries.

(c) If, as a result of a referendum the Secretary determines that

this subpart is not approved, the Secretary shall:

(1) Not later than 180 days after making the determination, suspend

or terminate, as the case may be, collection of assessments under this

subpart; and

(2) As soon as practical, suspend or terminate, as the case may be,

activities under this subpart in an orderly manner.

Sec. 1218.73 Proceedings after termination.

(a) Upon the termination of this subpart, the USABC shall recommend

not more than three of its members to the Secretary to serve as

trustees for the purpose of liquidating the affairs of the USABC. Such

persons, upon designation by the Secretary, shall become trustees of

all of the funds and property then in the possession or under control

of the USABC, including claims for any funds unpaid or property not

delivered, or any other claim existing at the time of such termination.

(b) The said trustees shall:

(1) Continue in such capacity until discharged by the Secretary;

(2) Carry out the obligations of the USABC under any contracts or

agreements entered into pursuant to the Order;

(3) From time to time account for all receipts and disbursements

and deliver all property on hand, together with all books and records

of the USABC and the trustees, to such person or persons as the

Secretary may direct; and

(4) Upon request of the Secretary execute such assignments or other

instruments necessary and appropriate to vest in such persons title and

right to all funds, property and claims vested in the USABC or the

trustees pursuant to the Order.

(c) Any person to whom funds, property or claims have been

transferred or delivered pursuant to the Order shall be subject to the

same obligations imposed upon the USABC and upon the trustees.

(d) Any residual funds not required to defray the necessary

expenses of liquidation shall be turned over to the Secretary to be

disposed of, to the extent practical, to the blueberry producer

organizations in the interest of continuing blueberry promotion,

research, and information programs.

Sec. 1218.74 Effect of termination or amendment.

Unless otherwise expressly provided by the Secretary, the

termination of this subpart or of any regulation issued pursuant

thereto, or the issuance of any amendment to either thereof, shall not:

(a) Affect or waive any right, duty, obligation or liability which

shall have arisen or which may thereafter arise in connection with any

provision of this subpart or any regulation issued thereunder; or

(b) Release or extinguish any violation of this subpart or any

regulation issued thereunder; or

(c) Affect or impair any rights or remedies of the United States,

or of the Secretary or of any other persons, with respect to any such

violation.

Sec. 1218.75 Personal liability.

No member or alternate member of the USABC shall be held personally

responsible, either individually or jointly with others, in any way

whatsoever, to any person for errors in judgment, mistakes, or other

acts, either of commission or omission, as such member or alternate,

except for acts of dishonesty or willful misconduct.

Sec. 1218.76 Separability.

If any provision of this subpart is declared invalid or the

applicability thereof to any person or circumstances is held invalid,

the validity of the remainder of this subpart or the applicability

thereof to other persons or circumstances shall not be affected

thereby.

Sec. 1218.77 Amendments.

Amendments to this subpart may be proposed from time to time by the

USABC or by any interested person affected by the provisions of the

Act, including the Secretary.

Sec. 1218.78 OMB control numbers.

The control number assigned to the information collection

requirements by the Office of Management and Budget pursuant to the

Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, is OMB control

number 0581-0093, except for the USABC nominee background statement

form which is assigned OMB control number 0505-001.

Dated: July 16, 1999.

Enrique E. Figueroa,

Administrator, Agricultural Marketing Service.

[FR Doc. 99-18691 Filed 7-21-99; 8:45 am]

BILLING CODE 3410-02-P