Pecan Promotion, Research, and Information Order: Referendum
| Published date | 11 April 2024 |
| Record Number | 2024-07725 |
| Court | Agricultural Marketing Service |
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.
Proposed Rules Federal Register
25543
Vol. 89, No. 71
Thursday, April 11, 2024
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1223
[Doc. No. AMS–SC–23–0078]
Pecan Promotion, Research, and
Information Order: Referendum
AGENCY
: Agricultural Marketing Service,
USDA.
ACTION
: Notification of referendum.
SUMMARY
: Notice is hereby given of a
referendum to be conducted among
eligible producers and importers of
pecans to determine whether they favor
continuance of the Agricultural
Marketing Service’s (AMS) regulations
regarding a national pecan research and
promotion program.
DATES
: This referendum will be
conducted by mail and electronic ballot
from May 10, 2024, through June 10,
2024. Ballots delivered to AMS via mail
or electronic ballot must show proof of
delivery by no later than 11:59 p.m.
Eastern Time on June 10, 2024, to be
counted.
ADDRESSES
: Copies of the Pecan
Promotion, Research, and Information
Order may be obtained from:
Referendum Agents, Market
Development Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, Room 1406–
S, Stop 0244, Washington, DC 20250–
0244, Telephone: (202) 720–8085 or
contact Matthew Collins at (972) 210–
9109 or via Email: MatthewB.Collins@
usda.gov, or Katie Cook at (202) 617–
4760 or via Email: Katie.Cook@
usda.gov.
FOR FURTHER INFORMATION CONTACT
:
Matthew Collins, Marketing Specialist,
Market Development Division, SCP,
AMS, USDA, 1400 Independence
Avenue SW, Room 1406–S, Stop 0244,
Washington, DC 20250–0244, Matthew
Collins (972) 210–9109 or via Email:
MatthewB.Collins@usda.gov or Katie
Cook, Marketing Specialist, Market
Development Division, SCP, AMS,
USDA, 1400 Independence Avenue SW,
Room 1406–S, Stop 0244, Washington,
DC 20250–0244, Katie Cook (202) 617–
4760 or via Email: Katie.Cook@
usda.gov.
SUPPLEMENTARY INFORMATION
: Pursuant
to the Commodity Promotion, Research,
and Information Act of 1996 (7 U.S.C.
7411–7425) (Act), it is hereby directed
that a referendum be conducted to
ascertain whether continuance of the
Pecan Promotion, Research, and
Information Order (Order) (7 CFR part
1223) is favored by eligible producers
and importers of pecans covered under
the program. The Order is authorized
under the Act. The Order is
administered by the American Pecan
Promotion Board (Board) with oversight
by the U.S. Department of Agriculture
(USDA).
The representative period for
establishing voter eligibility for the
referendum shall be the period from
October 1, 2022, through September 30,
2023. Persons who are producers or
importers who have produced or
imported 50,000 pounds of inshell
pecans (25,000 pounds of shelled
pecans) during the representative period
are eligible to vote in the referendum.
Persons who received an exemption
from assessments pursuant to § 1223.53
for the entire representative period are
ineligible to vote. AMS will provide the
option for electronic balloting. The
referendum will be conducted by mail
and electronic ballot from May 10
through June 10, 2024. Further details
will be provided in the ballot
instructions.
Section 518 of the Act (7 U.S.C. 7417)
authorizes required referenda. Under
§ 1223.71(a)(1) of the Order, the USDA
must conduct a referendum not later
than three years after assessments first
begin. The program became effective on
February 12, 2021, with the collection of
assessments, as required by §§ 1223.52
and 1223.53, and compliance with
reporting and recordkeeping
requirements under §§ 1223.60 and
1223.61, beginning on October 1, 2021.
USDA would continue the Order, if
continuance is favored by a majority of
producers and importers voting in the
referendum, and who, during the
representative time period engaged in
the production or importation of pecans.
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. 0581–0328. It is
estimated that approximately 725
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
Matthew Collins, Marketing
Specialist; Katie Cook, Marketing
Specialist; and Alexandra Caryl, Branch
Chief, Market Development Division,
SCP, 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
1223.100 through 1223.107, which were
issued pursuant to the Act, shall be used
to conduct the referendum.
The referendum agents will mail or
provide electronically the ballots to be
cast in the referendum and voting
instructions to all known, eligible
producers and importers prior to the
first day of the voting period. Any
eligible producers or importers who do
not receive a ballot should contact a
referendum agent no later than three
days before the end of the voting period.
Ballots delivered via mail or electronic
ballot must show proof of delivery by no
later than 11:59 p.m. Eastern Time on
June 10, 2024, to be counted.
List of Subjects in 7 CFR Part 1223
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Pecan promotion, Nuts, Reporting and
recordkeeping requirements.
(Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401)
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–07725 Filed 4–10–24; 8:45 am]
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