Paper and Paper-Based Packaging Promotion, Research and Information Order; Continuance Referendum

Published date03 September 2020
Citation85 FR 54945
Record Number2020-17547
SectionProposed rules
CourtAgricultural Marketing Service
Federal Register, Volume 85 Issue 172 (Thursday, September 3, 2020)
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
                [Proposed Rules]
                [Pages 54945-54946]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-17547]
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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.
                ========================================================================
                Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 /
                Proposed Rules
                [[Page 54945]]
                DEPARTMENT OF AGRICULTURE
                Agricultural Marketing Service
                7 CFR Part 1222
                [Document No. AMS-SC-19-0110]
                Paper and Paper-Based Packaging Promotion, Research and
                Information Order; Continuance Referendum
                AGENCY: Agricultural Marketing Service, USDA.
                ACTION: Notification of referendum order.
                -----------------------------------------------------------------------
                SUMMARY: This document directs that a referendum be conducted among
                eligible domestic manufacturers and importers of paper and paper-based
                packaging to determine whether they favor continuance of the
                Agricultural Marketing Service's (AMS) regulations regarding a national
                paper and paper-based packaging research and promotion program.
                DATES: This referendum will be conducted by express mail and electronic
                ballot from October 12, 2020, through October 23, 2020. Persons who
                domestically manufactured and imported 100,000 short tons or more of
                paper and paper-based packaging during the representative period from
                January 1 through December 31, 2019, are eligible to vote in the
                referendum. Ballots delivered to AMS via express mail or email must
                show proof of delivery by no later than 11:59 p.m. Eastern Time (ET) on
                October 23, 2020.
                ADDRESSES: Copies of the Paper and Paper-Based Packaging Promotion,
                Research, and Information Order may be obtained from: Referendum Agent,
                Promotion and Economics Division (PED), Specialty Crops Program (SCP),
                AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244,
                Washington, DC 20250-0244, telephone: (202) 720-9915; facsimile: (202)
                205-2800.
                FOR FURTHER INFORMATION CONTACT: Stacy Jones King, Marketing
                Specialist, Promotion and Economics Division, Specialty Crops Program,
                AMS, USDA, 1400 Independence Avenue SW, Room 1406-S, Stop 0244,
                Washington, DC 20250-0244; Stacy Jones King at (202) 720-4140 or via
                electronic mail: [email protected].
                SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion,
                Research, and Information Act of 1996 (7 U.S.C. 7411-7425) (1996 Act),
                it is hereby directed that a referendum be conducted to ascertain
                whether continuance of the Paper and Paper-Based packaging Research,
                Promotion, Consumer Education and Industry Information Order (7 CFR
                part 1222) is favored by eligible domestic manufacturers and importers
                of paper and paper-based packaging. The program is authorized under the
                1996 Act.
                 The representative period for establishing voter eligibility for
                the referendum shall be the period from January 1 through December 31,
                2019. Persons who domestically manufactured and imported 100,000 short
                tons or more of paper and paper-based packaging during the
                representative period are eligible to vote in the referendum. Persons
                who received an exemption from assessments pursuant to Sec. 1222.53
                for the entire representative period are ineligible to vote. The
                Department will provide the option for electronic balloting. The
                referendum will be conducted by express mail and electronic ballot from
                October 12 through October 23, 2020. Further details will be provided
                in the ballot instructions.
                 The program took effect in 2013. Section 518 of the 1996 Act (7
                U.S.C. 7417) authorizes continuance referenda. Under Sec. 1222.81(b)
                of the Order, the U.S. Department of Agriculture (USDA) must conduct a
                referendum no later than seven years after the program became effective
                and every seven years thereafter or when 10 percent or more of persons
                eligible to vote petition the Secretary of Agriculture to hold a
                referendum to determine if persons subject to assessment favor
                continuance of the program. USDA would continue the program if
                continuance is favored by a majority of domestic manufacturers and
                importers of paper and paper-based packaging voting in the referendum
                who also represent a majority of the volume of paper and paper-based
                packaging represented in the referendum.
                 In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
                chapter 35), the referendum ballot has been approved by the Office of
                Management and Budget (OMB) and assigned OMB No. 0581-0093. It has been
                estimated that approximately 40 entities will be eligible to vote in
                the referendum. It will take an average of 15 minutes for each voter to
                read the voting instructions and complete the referendum ballot.
                Referendum Order
                 Stacy Jones King, Agricultural Marketing Specialist, and Heather
                Pichelman, Director, Promotion and Economics Division, Specialty Crops
                Program, AMS, USDA, Stop 0244, Room 1406-S, 1400 Independence Avenue
                SW, Washington, DC 20250-0244, are designated as the referendum agents
                to conduct this referendum. The referendum procedures at 7 CFR 1222.100
                through 1222.108, which were issued pursuant to the 1996 Act, shall be
                used to conduct the referendum.
                 The referendum agents will express mail or email the ballots to be
                cast in the referendum and voting instructions to all known, eligible
                domestic manufacturers and importers prior to the first day of the
                voting period. Persons who domestically manufactured and imported
                100,000 short tons or more of paper and paper-based packaging during
                the representative period are eligible to vote. Persons who received an
                exemption from assessments pursuant to Sec. 1222.53 during the entire
                representative period are ineligible to vote. Any eligible domestic
                manufacturer or importer who does not receive a ballot should contact a
                referendum agent no later than one week before the end of the voting
                period. Ballots delivered via express mail or email must show proof of
                delivery by no later than 11:59 p.m. Eastern Time (ET) on October 23,
                2020.
                List of Subjects in 7 CFR Part 1222
                 Administrative practice and procedure, Advertising, Consumer
                information, Marketing agreements, Promotion, Reporting and
                recordkeeping requirements, Paper and Paper-based Packaging.
                [[Page 54946]]
                 Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.
                Bruce Summers,
                Administrator, Agricultural Marketing Service.
                [FR Doc. 2020-17547 Filed 9-2-20; 8:45 am]
                BILLING CODE 3410-02-P
                

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