Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Establishment of Reporting Requirements and New Information Collection
| Citation | 85 FR 27159 |
| Record Number | 2020-09346 |
| Published date | 07 May 2020 |
| Section | Proposed rules |
| Court | Agricultural Marketing Service |
Federal Register, Volume 85 Issue 89 (Thursday, May 7, 2020)
[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Proposed Rules]
[Pages 27159-27163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09346]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 85, No. 89 / Thursday, May 7, 2020 / Proposed
Rules
[[Page 27159]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 905
[Doc. No. AMS-SC-19-0008; SC19-905-1 PR]
Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida;
Establishment of Reporting Requirements and New Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule invites comments on a recommendation from
the Citrus Administrative Committee (Committee) to establish reporting
requirements under the Federal marketing order for oranges, grapefruit,
tangerines, and pummelos grown in Florida. This action would require
Florida citrus handlers who handle citrus grown within the production
area to register with the Committee. This proposal also announces the
Agricultural Marketing Service's (AMS) intention to request approval
from the Office of Management and Budget (OMB) of a new information
collection.
DATES: Comments must be received by July 6, 2020. Pursuant to the
Paperwork Reduction Act, comments on the information collection burden
must be received by July 6, 2020.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or internet: https://www.regulations.gov.
All comments should reference the document number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours, or can be viewed at: https://www.regulations.gov. All
comments submitted in response to this proposal will be included in the
record and will be made available to the public. Please be advised that
the identity of the individuals or entities submitting the comments
will be made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing
Specialist, or Christian D. Nissen, Regional Director, Southeast
Marketing Field Office, Marketing Order and Agreement Division,
Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax:
(863) 291-8614, or Email: [email protected] or
[email protected].
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491,
Fax: (202) 720-8938, or Email: [email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes an amendment to regulations issued to carry out a marketing
order as defined in 7 CFR 900.2(j). This proposed rule is issued under
Marketing Order No. 905, as amended (7 CFR part 905), regulating the
handling of oranges, grapefruit, tangerines, and pummelos grown in
Florida. Part 905 (referred to as the ``Order'') is effective under the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.'' The Committee locally
administers the Order and is comprised of producers and handlers of
citrus operating within the area of production, and a public member.
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 13563 and 13175. This action falls
within a category of regulatory actions that the Office of Management
and Budget (OMB) exempted from Executive Order 12866 review.
Additionally, because this proposed rule does not meet the definition
of a significant regulatory action, it does not trigger the
requirements contained in Executive Order 13771. See OMB's Memorandum
titled ``Interim Guidance Implementing Section 2 of the Executive Order
of January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs'[thinsp]'' (February 2, 2017).
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule is not intended to have
retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to a marketing order may file with USDA a
petition stating that the marketing order, any provision of the
marketing order, or any obligation imposed in connection with the
marketing order, is not in accordance with law and request a
modification of the marketing order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This proposed rule would establish handler reporting requirements
under the Order. This action would require Florida citrus handers to
register annually with the Committee. This would allow the Committee to
verify citrus handler information and would assist with the
administration of the Order, including compliance. These changes were
unanimously recommended by the Committee at a public meeting on
November 14, 2019.
Section 905.7 of the Order provides the authority to require
handlers to be registered with the Committee pursuant to rules
recommended by the Committee and approved by the Secretary. This
proposed rule would use this authority to establish a new Sec. 905.107
in the administrative provisions of the Order, which would require
Florida citrus handlers to be registered with the Committee at the
beginning of each fiscal year and establish the requirements for
registration. It would also require that handlers must be registered
and obtain the Committee's certification as a registered handler to
[[Page 27160]]
ship any citrus outside the production area.
A final rule published in the Federal Register on March 1, 2016,
(81 FR 10451) amended the Order to, in part, provide the authority to
the Committee to require handlers to register with the Committee. Based
on the formal rulemaking hearing record, the Committee recommended this
action to provide an accurate and timely record of handlers for the
purposes of fostering more efficient communication with handlers and
strengthening the compliance provisions of the Order. The addition of
this proposed authority, along with the other amendments included in
the 2016 amendatory action, were supported by 96 percent of the growers
voting and by 99 percent of the volume voted in the amendatory grower
referendum.
The Committee met on November 14, 2019, and discussed establishing
a requirement for handlers to register with the Committee under the
Order. The issue had been raised over the course of previous meetings
and Committee members recognized the need to maintain an accurate list
of handlers in operation for the purposes of administering the Order
and communicating with the industry. The Committee believes requiring
handlers to register with the Committee at the beginning of each fiscal
period would provide current and accurate handler information, improve
communication between the Committee and the handlers, and assist with
administering the Order, including compliance.
Currently, the Committee depends on third-party handler data from
the Florida Department of Agriculture and Consumer Services (FDACS).
FDACS licenses handlers pursuant to a State program and carries out the
inspections required by the Order. The Committee contracts with FDACS
annually to provide handler data and shipment information used to
calculate handler assessments. However, given the continuing changes in
the industry, and the timing of when this information is collected by
FDACS, it is not always current and accurate.
During the above-mentioned Committee meetings, participants
discussed that consolidation and other changes within the Florida
citrus handler community have made it difficult for the Committee to
maintain accurate information. Implementing the proposed handler
registration in the Order would assist the Committee in its
administration of the Order by updating handler contact information
each fiscal period.
In recent years, citrus greening has significantly reduced
Florida's fresh citrus production. For fiscal year 2012-2013, Committee
data indicate fresh citrus production totaled 5.9 million boxes and was
being handled by 45 handler businesses. By fiscal year 2018-2019, fresh
citrus production dropped to 4.5 million boxes handled by approximately
20 handlers. These numbers obtained from the Committee represent a 24-
percent decline in fresh production and a 60-percent decline in the
number of handlers over a five-year period.
Due to the rapid consolidation and changing resources within the
fresh citrus industry, the Committee is concerned that FDACS may, at
some point, stop collecting and providing handler information.
Implementing a handler registration requirement would serve as an
efficient means to obtain accurate and timely handler data and assist
the Committee in administering the Order relying on its own information
and resources.
In accordance with the proposed registered handler requirements,
handlers would need to apply for registration with the Committee prior
to beginning of each fiscal year on forms provided by the Committee.
The application would require handler information, including: The
address for each packing facility; contact information (including
telephone and email if available); and handler business classification
as an individual, partnership, corporation or cooperative. Handlers
would need to submit this form to the Committee no later than August 1
of each fiscal period.
To meet the requirements to become a registered handler, the
handler's facilities would need to be in the production area in
permanent, nonportable buildings with nonportable equipment for
grading, sizing, washing and packing Florida-grown citrus.
Additionally, each handler would be annually inspected by Committee
staff or its authorized agents to verify compliance with these
requirements. The Committee indicated all current handlers already meet
these criteria. Committee staff would also verify that all assessments,
reporting, and any other Order requirements have been met by the
handler prior to approval of the application. If the applicant meets
all of the above criteria, the applicant would be certified as a
registered handler and be notified in writing by email or mail.
The Committee also agreed that the registered handler requirement
would assist with administering compliance under the Order, including
encouraging the timely payment of assessments. While the Committee and
industry are not currently experiencing major compliance issues, given
the ongoing changes to the industry and resource allocation, the
Committee believes unforeseen compliance issues may arise. The handler
registration requirement would serve as a preemptive measure for
compliance and enforcement.
With this proposed change, the Committee would be able to cancel or
deny a handler's registration certification, for good cause, with
approval of Secretary. Should the handler fail to pay assessments
within 90 days of the date of invoice, fail to provide required
reports, or no longer have adequate facilities, the Committee would
have the authority to cancel a registered handler's certification with
the approval of the Secretary. Under the Committee's compliance plan,
Committee staff currently refers cases of nonpayment of assessments to
USDA for possible enforcement action at 60 days after the invoice is
issued. The Committee determined that allowing an additional 30 days
before cancellation of registration would afford handlers sufficient
notice and opportunity to comply with the assessment requirements. The
enforcement process for failure to submit required reports is similar.
Should a handler ship fruit without inspection, the handler's
certification would be cancelled for a minimum of two weeks. In this
type of situation where there is no opportunity to correct the
violation, the Committee determined that a brief cancellation of
certification was the most appropriate penalty. Handlers could remain
in business but would not be able to ship regulated citrus out of
State. The time period of cancellation could be extended, up to the
maximum of the remainder of the shipping season, with the approval of
the Secretary, if the violation were more serious or repetitive.
If a handler's certification is cancelled, the Committee would
notify the handler in writing outlining the effective date and the
reason(s) for the cancellation. If the handler corrects the
deficiencies which resulted in cancellation, and notifies the Committee
in writing of the correction, the Committee would recertify the handler
after verification of compliance. If the handler opts to appeal the
cancellation, the handler may do so by appealing to the Secretary.
If a handler is not certified as a registered handler, inspection
certificates issued for lots handled by that handler would include a
statement to that effect. The inspection certificate for all such lots
would read ``Fails to
[[Page 27161]]
meet the requirements of Marketing Order 905 because the handler is not
a registered handler.'' These failing certificates would be issued,
regardless of the grade, size or container of the citrus inspected. The
Committee would keep FDACS apprised of each handler's certification
status.
The FDACS Office of Agricultural Law Enforcement releases citrus
shipments for interstate commerce only if the inspection certificates
indicate the shipments meet the Order's requirements. Thus, if the
proposal is implemented, handlers not certified as a registered handler
by the Committee would not be able to ship regulated citrus outside of
the regulated area. This proposed action should serve as a strong tool
to encourage compliance with the Order requirements, helping the
industry to avoid potential compliance issues moving forward, or to
address compliance issues without having to move to other enforcement
actions.
Any handler who is denied a registered handler certificate or has a
registered handler certificate cancelled would be able to appeal to the
Secretary for consideration. An appeal would have to be submitted in
writing to the Secretary within 90 days of the denial. After the appeal
request is reviewed and considered by the Secretary, the handler would
be notified of the Secretary's decision in writing.
This proposed action would require that all Florida citrus handlers
register with the Committee annually. Establishing this handler
registration requirement would help facilitate operations under the
Order and assist with compliance, including ensuring that product is
correctly inspected, and assessments are paid in a timely manner.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this initial regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought through group action of essentially small
entities acting on their own behalf.
There are approximately 20 handlers of Florida citrus who are
subject to regulation under the Order and approximately 500 citrus
producers in the regulated area. Small agricultural service firms are
defined by the Small Business Administration (SBA) as those having
annual receipts of less than $30,000,000, and small agricultural
producers are defined as those having annual receipts of less than
$1,000,000 (13 CFR 121.201).
According to data from the National Agricultural Statistics Service
(NASS), the industry, and the Committee, the weighted average free on
board price for fresh Florida citrus for the 2018-19 season was
approximately $16.69 per carton with total shipments of around 9
million cartons. Using the number of handlers, and assuming a normal
bell-curve distribution, the majority of handlers have average annual
receipts of less than $30,000,000 ($16.69 times 9,023,704 cartons
equals $150,605,620 divided by 20 handlers equals $7,530,281 per
handler).
In addition, based on the NASS data, the weighted average grower
price for the 2018-19 season was estimated at $11.05 per carton of
fresh citrus. Based on grower price, shipment data, and the total
number of Florida citrus growers, and assuming a normal bell-curve
distribution, the average annual grower revenue is below $1,000,000
($11.05 x 9,023,704 million cartons equals $99,711,929 divided by 500
growers equals $199,424 per grower). Thus, the majority of Florida
citrus handlers and growers may be classified as small entities.
This proposed rule would establish handler reporting requirements
in the Order. This action would require Florida citrus handlers to
register annually with the Committee. This would allow the Committee to
collect information to verify who is handling Florida citrus and would
be used to assist with administering the Order, including compliance.
This proposal would establish a new Sec. 905.107 in Subpart B,
Administrative Requirements, of the Order using the authority provided
in Sec. 905.7.
It is not anticipated that this change would result in any
significant cost to the industry. Requiring handlers to register with
the Committee would impose an increase in the reporting burden on all
Florida citrus handlers. However, the information requested is readily
available and would only be required to be submitted once a year.
Regarding the other requirements to qualify as a registered handler,
such as nonportable buildings and having the necessary equipment to
prepare fruit for market, all current handlers already meet these
requirements. Consequently, no additional cost would be needed to
comply with the requirements to be a registered handler.
Should a handler fall out of compliance with Order requirements and
lose its registered handler status, there could be some cost relative
to not being able to ship regulated citrus outside of the regulated
area. However, such a handler would still be able to market fruit
within the regulated area and be able to address and rectify the
problems that resulted in the cancellation of its registered handler
status. Therefore, these costs should be minimal, and only impact
handlers that have failed to comply with requirements.
This proposed action would assist the Committee in administering
compliance with the Order, including the timely collection of
assessments. The benefits of this proposed rule are expected to be
equally available to all citrus growers and handlers, regardless of
their size.
The Committee discussed the alternative of not establishing a
registered handler requirement but determined that obtaining current
and accurate handler information and having another enforcement tool
under the Order are important.
The Committee considered multiple options regarding the potential
problem of a handler shipping fruit without inspection. The Committee
discussed cancelling a handler's certification indefinitely or for the
rest of the fiscal period. However, the Committee recognized that there
could be varying degrees of noncompliance with the inspection
requirement. The Committee determined that the two-week cancellation
minimum would serve as an appropriate deterrent and afford the
Committee the flexibility to extend that period up to the maximum of
the end of the shipping season, if the handler repeatedly violates the
inspection requirements or any other requirements of the Order.
The Committee also discussed several options regarding the proposed
appeals process, ranging from 30 days to appeal to an open-ended
process, and whether Committee members should review appeals
themselves. After discussion, the Committee determined that a 90-day
period from the date of denial or cancellation would allow the handler
sufficient time to contact the Committee staff and resolve the issue in
a timely manner. To maintain confidentiality of information, the
Committee also agreed that members themselves would not be involved in
the appeal review process. The Committee agreed that an appeal could be
made to the Secretary. Thus, the alternatives were rejected.
[[Page 27162]]
This proposal would establish one new reporting requirement for
handlers and would require one new Committee form. Therefore, this
proposed rule would impose an increase in the reporting burden for all
handlers, which is discussed in the Paperwork Reduction Act section of
this document.
As with all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. USDA has not
identified any relevant Federal rules that duplicate, overlap, or
conflict with this rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
The 2019 Committee meeting was widely publicized throughout the
citrus industry, and all interested persons were invited to attend the
meeting and participate in Committee deliberations. Like all Committee
meetings, the November 14, 2019 meeting was a public meeting, and all
entities, both large and small, were able to express their views on
this issue, and both producer and handler Committee members were able
to assist in the development of the recommended form and procedures
submitted to USDA. Interested persons are invited to submit comments on
this proposed rule, including the regulatory and information collection
impacts of this action on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any
questions about the compliance guide should be sent to Richard Lower at
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), this notice announces AMS's intent to request approval
from OMB for a new information collection under OMB No. 0581-NEW. The
new form will be merged with the forms currently approved under OMB No.
0581-0189 Fruit Crops.
This proposed rule would create a new form for Florida citrus
handlers, titled Application for Registration as Fresh Citrus Handler.
Title: Oranges, Grapefruit, Tangerines, and Pummelos Grown in
Florida; Marketing Order No. 905.
OMB Number: 0581-NEW.
Type of Request: New Collection.
Abstract: The information requirements in this request are
essential to carry out the intent of the Act to provide the respondents
the type of service they request, and to administer the Federal
marketing order for oranges, grapefruit, tangerines, and pummelos grown
in Florida. USDA is responsible for overseeing the Order regulating the
handling of Florida citrus. The Order is effective under the Act.
The Committee unanimously recommended that Florida citrus handlers
subject to the Order provide the Committee with location and contact
information at the beginning of each fiscal period. This form, titled
``Application for Registration as Fresh Citrus Handler'' would be
submitted directly to the Committee once each year no later than August
1. The report would provide the Committee with information on each
handler location, the type of business, and the names and contact
information of individuals having a financial interest in each
business.
The Order authorizes the Committee to collect certain information
from handlers. The information collected would only be used by
authorized representatives of the USDA, including the AMS Specialty
Crops Program regional and headquarters staff, and authorized employees
of the Committee. All proprietary information would be kept
confidential in accordance with the Act and the Order.
The proposed request for new information collection under the Order
is as follows:
Application for Registration as Fresh Citrus Handler
Estimate of Burden: Public reporting burden for this collection of
information is estimated to be an average of 0.165 hours per response.
Respondents: Handlers subject to the marketing order regulating
oranges, grapefruit, tangerines, and pummelos grown in Florida.
Estimated Number of Respondents: 20.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Responses: 20.
Estimated Total Annual Burden on Respondents: 3.3 hours.
Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Agency, including whether the information will have practical
utility; (2) the accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) 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.
Comments should reference OMB No. 0581-NEW and the Marketing Order
for Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida and
should be sent to the USDA in care of the Docket Clerk at the
previously mentioned address or at https://www.regulations.gov.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments received will become a matter of
public record and will be available for public inspection during
regular business hours at the address of the Docket Clerk or at https://www.regulations.gov.
If this proposed rule is finalized, this information collection
will be merged with the forms currently approved under OMB No. 0581-
0189, Fruit Crops.
List of Subjects 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Pummelos, Reporting and
recordkeeping requirements, Tangerines.
For the reasons set forth in the preamble, 7 CFR part 905 is
proposed to be amended as follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND PUMMELOS GROWN IN
FLORIDA
0
1. The authority citation for 7 CFR part 905 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Add Sec. 905.107 to read as follows:
Sec. 905.107 Registered handler certification.
Each handler who handles citrus grown in the production area must
be certified as a registered handler by the Committee in order to ship
such regulated citrus outside of the regulated area. A handler who is
certified as a registered handler is a handler who has
[[Page 27163]]
adequate facilities to meet the requirements for preparing citrus for
market, obtains inspection on citrus handled, agrees to handle citrus
in compliance with the Order's grade, size and container requirements,
pays applicable assessments on a timely basis, submits reports required
by the Committee, and agrees to comply with other regulatory
requirements on the handling of citrus grown in the production area.
(a) Eligibility. Based on the criteria specified in this section,
the Committee shall determine eligibility for certification as a
registered handler. The Committee or its authorized agent shall inspect
a handler's facilities to determine if the facilities are adequate for
preparing citrus for market. To be adequate for such purposes, the
facilities must be permanent, nonportable buildings located in the
production area with equipment that is nonportable for the proper
washing, grading, sizing and packing of citrus grown in the production
area.
(b) Application for certification. Application for certification
shall be executed by the handler by August 1st of fiscal period and
filed with the Committee on a form, prescribed by and available at the
principal office of the Committee, containing the following
information:
(1) Business name,
(2) Address of handling facilities (including telephone, email and
facsimile number),
(3) Mailing address (if different from handling facility address),
(4) Number of years in the citrus business in Florida,
(5) Type of business entity, and
(6) Names of senior officers, partners, or principal owners with
financial interest in the business.
(c) Determination of certification. If the Committee determines
from available information that an applicant meets the criteria
specified in this section, the applicant shall be certified as a
registered handler and informed by written notice from the Committee.
Certification is effective for a fiscal period unless the Committee
determines, based on criteria herein, that cancellation is warranted.
If certification is denied, the handler shall be informed by the
Committee in writing, stating the reasons for denial.
(d) Cancellation of certification. A registered handler's
certification shall be cancelled by the Committee, with the approval of
the Secretary, if the handler fails to pay assessments within 90 days
of the invoice date, fails to provide reports to the Committee, or no
longer has adequate facilities as described in this section.
Cancellation of a handler's certification shall be made in writing to
the handler and shall specify the reason(s) for and effective date of
the cancellation. Cancellation shall be for a minimum two-week period
if a handler is found to be shipping without proper inspection. The
Committee shall recertify the handler's registration at such time as
the handler corrects the deficiencies which resulted in the
cancellation and the Committee or its agent verifies compliance. The
Committee shall notify the handler in writing of its recertification.
(e) Inspection certification. During any period in which the
handling of citrus is regulated pursuant to this part, no handler shall
obtain an inspection certifying that the handler's citrus meets the
requirements of the Order unless the handler has been certified as a
registered handler by the Committee. Any person who is not certified as
a registered handler may receive inspection from the Federal-State
Inspection Service, however, the inspection certificate shall state
``Fails to meet the requirements of Marketing Order No. 905 because the
handler is not a registered handler.''
(f) Contrary shipping. The Committee may cancel or deny a handler's
registration if the handler has shipped citrus contrary to the
provisions of this part. The cancellation or denial of a handler's
registration shall be effective for a minimum of two weeks and not
exceed the applicable shipping season as determined by the Committee.
(g) Appeals. Any handler who has been denied a handler's
registration or who has had a handler's registration cancelled, may
appeal to the Secretary, supported by any arguments and evidence the
handler may wish to offer as to why the application for certification
or recertification should have been approved. The appeal shall be in
writing and received at the Specialty Crops Program office in
Washington, DC within 90 days of the date of notification of denial or
cancellation.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-09346 Filed 5-6-20; 8:45 am]
BILLING CODE P
