Fresh produce discussion

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-----Original Message-----
From: freshproduce group <noreply@googlegroups.com>

Date: Thu, 10 Sep 2009 08:53:52
To: freshproduce digest subscribers<freshproduce@googlegroups.com>
Subject: freshproduce - 7 new messages in 6 topics - digest



Fresh Produce Industry Discussion Group
http://groups.google.com/group/freshproduce?hl=en

freshproduce@googlegroups.com

Today's topics:

* Chairmanship of the Senate health committee may fall to Tom Harkin of Iowa. -
1 messages, 1 author
http://groups.google.com/group/freshproduce/t/5a4612f82fca6970?hl=en
* ACTION: Final rule. amends the marketing order for oranges, grapefruit,
tangerines, and tangelos grown in Florida. - 1 messages, 1 author
http://groups.google.com/group/freshproduce/t/6524d3e6ee388bba?hl=en
* ACTION: Notice. Meeting of the National Organic Standards Board - 1 messages,
1 author
http://groups.google.com/group/freshproduce/t/0680e99de80d3c5e?hl=en
* ACTION: Notice and request for comments. Import regulations - 1 messages, 1
author
http://groups.google.com/group/freshproduce/t/1268bfb4492187e3?hl=en
* ACTION: Notice of availability and request for comments. Citrus Greening and
Asian Citrus Psyllid - 1 messages, 1 author
http://groups.google.com/group/freshproduce/t/4a227cf3b4f2b7cb?hl=en
* (Fresh Produce) Mr. Mom Goes Shopping - 2 messages, 2 authors
http://groups.google.com/group/freshproduce/t/c607e2b08b5a3bc1?hl=en

==============================================================================
TOPIC: Chairmanship of the Senate health committee may fall to Tom Harkin of
Iowa.
http://groups.google.com/group/freshproduce/t/5a4612f82fca6970?hl=en
==============================================================================

== 1 of 1 ==
Date: Wed, Sep 9 2009 12:07 am
From: Luis


Dodd not replacing Kennedy on health panel, aide says
The chairmanship of the Senate health committee may fall to Tom Harkin
of Iowa.
Washington Post
September 9, 2009
http://www.latimes.com/news/nationworld/nation/la-na-dodd9-2009sep09,0,7487336.story

Washington - Sen. Christopher J. Dodd (D-Conn.) has decided against
succeeding his close friend and mentor, the late Edward M. Kennedy, as
chairman of the Senate's health committee, a senior Senate aide said
Tuesday.

The decision sets in motion a game of musical chairs involving
committee chairmanships after Kennedy's death.

Sen. Tom Harkin (D-Iowa) is next in line after Dodd to assume the
chairmanship of the Senate Health, Education, Labor and Pensions
Committee. Multiple sources, who requested anonymity when discussing
internal deliberations, said Harkin was sure to take over the post.

The Iowa lawmaker chairs the agriculture committee, and he would have
to give up that position to take over the health committee. He would
probably be replaced on the agriculture panel by Sen. Blanche Lincoln
(D-Ark.), who faces a difficult reelection bid in 2010.

Three other Democrats on the committee have more seniority than
Lincoln: Sens. Patrick J. Leahy of Vermont, Kent Conrad of North
Dakota and Max Baucus of Montana. But each already holds a more
prestigious chairmanship.

Dodd scheduled a news conference for today to announce his decision.

His aides did not respond to questions about the decision Tuesday, and
the senator declined to answer reporters' questions as he entered the
chamber for an evening vote.

While Kennedy battled brain cancer for 15 months, Dodd, Harkin and
other Democrats on the committee divided up the chairman's duties,
with Dodd overseeing the panel's healthcare legislation. When the
Senate takes up that crucial legislation this year, Dodd is expected
to continue being the public face of the committee's effort.

By remaining chairman of the Senate's banking committee, Dodd will
oversee a complex rewrite of the regulations overseeing the financial
services industry.





==============================================================================
TOPIC: ACTION: Final rule. amends the marketing order for oranges, grapefruit,
tangerines, and tangelos grown in Florida.
http://groups.google.com/group/freshproduce/t/6524d3e6ee388bba?hl=en
==============================================================================

== 1 of 1 ==
Date: Wed, Sep 9 2009 4:04 am
From: Big Apple


[Federal Register: September 9, 2009 (Volume 74, Number 173)]
[Rules and Regulations]
[Page 46303-46306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se09-1]


========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are
keyed
to and codified in the Code of Federal Regulations, which is
published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of
Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of
each
week.

========================================================================



[[Page 46303]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 905

[Doc. No. AO-85-A10; AMS-FV-07-0132; FV08-905-1]


Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Order Amending Marketing Order No. 905

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the marketing order for oranges,
grapefruit, tangerines, and tangelos grown in Florida. The amendments
were proposed by the Citrus Administrative Committee (committee),
which
is responsible for local administration of the order. The amendments
will modify committee representation by cooperative entities; allow
substitute alternates to temporarily represent absent members at
committee meetings; authorize the committee to conduct meetings by
telephone or other means of communication; and authorize the
committee
to conduct research and promotion programs, including paid
advertising,
for fresh Florida citrus. The amendments are intended to improve the
operation and administration of the order and provide the industry
with
additional tools for the marketing of fresh citrus.

DATES: This rule is effective October 9, 2009.

FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220
SW. Third Avenue, Room 385, Portland, OR 97204; Telephone: (503) 326-
2724, Fax: (503) 326-7440, or E-mail:
Melissa.Schmaedick@ams.usda.gov;
or Laurel May, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax:
(202)
720-8938, or E-mail: Laurel.May@ams.usda.gov.
Small businesses may request information on this proceeding by
contacting Jay Guerber, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW.,
Stop
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax:
(202)
720-8938, or E-mail: Jay.Guerber@ams.usda.gov.

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice
of Hearing issued on January 24, 2008, and published in the January
29,
2008, issue of the Federal Register (73 FR 5130); a Recommended
Decision issued on December 19, 2008, and published in the December
24,
2008, issue of the Federal Register (73 FR 79028); and a Secretary's
Decision and Referendum Order issued on April 6, 2009, and published
in
the April 13, 2009, issue of the Federal Register (74 FR 16798).
This action is governed by the provisions of sections 556 and 557
of Title 5 of the United States Code and is therefore excluded from
the
requirements of Executive Order 12866.

Preliminary Statement

This final rule was formulated on the record of a public hearing
held on February 12, 2008, in Winter Haven, Florida. Notice of this
hearing was issued on January 24, 2008, and published in the January
29, 2008, issue of the Federal Register (73 FR 5130). The hearing was
held to consider the proposed amendment of Marketing Order No. 905,
hereinafter referred to as the ``order''.
The hearing was held pursuant to the provisions of the
Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act,'' and the applicable rules of
practice and procedure governing the formulation of marketing
agreements and marketing orders (7 CFR part 900).
The Notice of Hearing contained four amendment proposals
submitted
by committee. Upon the basis of evidence introduced at the hearing
and
the record thereof, the Administrator of AMS on December 19, 2008,
filed with the Hearing Clerk, U.S. Department of Agriculture, a
Recommended Decision and Opportunity to File Written Exceptions
thereto
by January 23, 2009. No exceptions were filed.
A Secretary's Decision and Referendum Order was issued on April
6,
2009, directing that a referendum be conducted during the period May
4
through May 18, 2009, among growers of fresh oranges, grapefruit,
tangerines, and tangelos to determine whether they favored the
proposed
amendments to the order. To become effective, the amendments had to
be
approved by at least two-thirds of those producers voting or by
voters
representing at least two-thirds of the volume of citrus represented
by
voters in the referendum. Three of the proposed amendments were
favored
by 95 percent of the voters, representing 99 percent of the volume.
One
amendment was favored by 88 percent of voters, who represented 49
percent of the volume.
The amendments approved by voters and included in this order will:
1. Modify committee representation by cooperative committees;
2. Allow substitute alternates to temporarily represent absent
members at committee meetings;
3. Authorize the committee to conduct meetings by telephone or
other means of communication; and
4. Add authority for research and promotion programs, including
paid advertising, for fresh Florida citrus.
The Agricultural Marketing Service (AMS) also proposed to make
such
changes to the order as might be necessary to ensure that all of the
order's provisions conform to the effectuated amendments. AMS
proposed
replacing the word ``he'' in the second sentence of Sec. 905.22(a)
(2)
with the words ``he or she'' to conform to other proposed changes to
Sec. 905.22.
An amended marketing agreement was subsequently provided to all
fresh orange, grapefruit, tangerine, and tangelo handlers in the
production area for their approval. The marketing agreement was not
approved by handlers representing at least 50 percent of the volume
of
fresh oranges, grapefruit, tangerines, and tangelos handled by all
handlers during the representative period of August 1, 2007 through
July 31, 2008.

Small Business Considerations

Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA)

[[Page 46304]]

(5 U.S.C. 601-612), AMS has considered the economic impact of this
action on small entities. Accordingly, AMS has prepared this final
regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale
of
business subject to such actions so that small businesses will not be
unduly or disproportionately burdened. Marketing orders and
amendments
thereto are unique in that they are normally brought about through
group action of essentially small entities for their own benefit.
Small agricultural service firms, which include handlers
regulated
under the order, have been defined by the Small Business
Administration
(SBA) (13 CFR 121.201) as those having annual receipts of less than
$7,000,000. Small agricultural producers have been defined as those
with annual receipts of less than $750,000.
There are approximately 48 handlers of fresh citrus subject to
regulation under the order and approximately 7,700 producers of fresh
citrus in the regulated area. Information provided at the hearing
indicates that over 90 percent of the handlers would be considered
small agricultural service firms. Hearing testimony also suggests
that
the majority of producers would also be considered small entities
according to the SBA's definition.
The order regulates the handling of fresh citrus grown in the
state
of Florida. Total bearing citrus acreage has declined from a peak of
approximately 800,000 acres in 1996-97 to about 550,000 acres in 2006-
07, largely due to hurricane damage and the removal of diseased
citrus
trees. Approximately 7.236 million tons of citrus were produced in
Florida during the 2006-07 season--a decline of approximately 6
million
tons compared to the 1996-97 season. According to evidence provided
at
the hearing, approximately 10 percent of Florida citrus is used in
the
fresh market, while the remainder is used in the production of
processed juice products. Generally, 40 percent of Florida's fresh
citrus is shipped to export markets, including the Pacific Rim
countries, Europe, and Canada.
Under the order, outgoing quality regulations are established for
fresh citrus shipments, and statistical information is collected.
Program activities administered by the committee are designed to
support large and small citrus producers and handlers. The 18-member
committee is comprised of both producer and handler representatives
from the production area, as well as a public member. Committee
meetings where regulatory recommendations and other decisions are
made
are open to the public. All members are able to participate in
committee deliberations, and each committee member has an equal vote.
Others in attendance at meetings are also allowed to express their
views.
After discussions within the citrus industry, the committee
considered developing its own research and marketing promotion
programs
focusing on fresh Florida citrus. An amendment study subcommittee was
formed to explore this idea and other possible order revisions. The
subcommittee developed a list of proposed amendments to the order,
which was then presented to the committee and shared with other
industry organizations. The proposed amendments were also posted on
the
committee's Web site for review by the Florida citrus industry at
large.
The committee met to review and discuss the subcommittee's
proposals at its meeting on May 29, 2007. At that time, the committee
voted unanimously to support the four proposed amendments that were
forwarded to AMS.
In addition, the hearing to receive evidence on the proposed
changes was open to the public and all interested parties were
invited
and encouraged to participate and provide their views.
The amendments are intended to provide the committee and the
industry with additional flexibility in administering the order and
producing and marketing fresh Florida citrus. Record evidence
indicates
that the amendments are intended to benefit all producers and
handlers
under the order, regardless of size. All producer and handler
witnesses
supported the amendments at the hearing. Some witnesses commented on
the implications of implementing specific marketing, research, and
development programs. In that context, witnesses stated that they
expected the benefits to producers and handlers to outweigh any
potential costs.
The amendment reducing the required number of cooperative
producer
and cooperative handler seats on the committee from three each to two
each will have no economic impact on producers or handlers of any
size.
The number of cooperative entities in the industry has diminished
considerably since the order's promulgation. Reducing the number of
cooperative seats on the committee at this time will reflect the
current composition of the industry. The reduction will help ensure
that the interests of all large and small producers and handlers,
whether independent or members of cooperatives, are represented
appropriately during committee deliberations.
Allowing substitute alternates to represent absent members at
committee meetings, will have no adverse economic impact on producers
or handlers of any size. Members who are unable to attend committee
meetings will be allowed to designate available alternates to
represent
them if their own alternates are also unavailable in order to achieve
a
quorum. If members are unable to designate substitute alternates, the
committee can designate substitutes at the meeting, if necessary to
secure a quorum. Substitute alternates will be required to represent
the same group affiliation (producer or handler) as the absent
members
and alternates. The amendment will allow alternates not otherwise
representing absent members to represent other members at committee
meetings in order to secure a quorum. This will help ensure that
quorum
requirements are met and that committee business is addressed in a
timely manner.
Adding authority to conduct committee meetings by telephone or
other means of communication is expected to benefit producers and
handlers of all sizes by improving committee efficiencies and
encouraging greater participation in industry deliberations. It is
not
expected to result in any significant increased costs to producers or
handlers. Using modern communication technology will allow the
committee to respond more quickly to urgent industry needs and will
provide greater access to meetings by members and other industry
participants. Greater meeting flexibility will make it easier for the
committee to hold additional meetings where there is a need for
lengthier discussion and consensus building. These changes are
consistent with current practices in other citrus industry settings.
Adding authority to establish research and promotion programs
will
enable the committee to address the specific needs of the Florida
fresh
citrus industry by recommending, conducting, and funding research
projects and promotional programs, including paid advertising, that
focus on the production, handling, and marketing of fresh citrus.
Hearing witnesses testified that the committee's assessment rate
could increase to cover the costs of any newly authorized research
and
promotion projects, but that there may be an offset by decreases in
payments by the industry to fund projects through other entities. Any
increased assessment costs would be based on the volume of fresh

[[Page 46305]]

citrus shipped by each handler and would, therefore, be applied
proportionately to all handlers.
The benefits expected to accrue to producers and handlers
following
implementation of this amendment should outweigh the costs. Witnesses
advocated the establishment of production research programs that
would
assist with the development of new varieties and post-harvest
handling
methods to improve the marketability of fresh Florida citrus.
Marketing
programs specific to fresh citrus are expected to increase consumer
demand and sales, which should in turn increase returns to producers
and handlers. Improved production and marketing strategies developed
under the authorized programs are expected to outweigh any additional
costs to the Florida fresh citrus industry. In addition, any
increased
costs would be proportional to a handler's size and would not unduly
or
disproportionately impact small entities. Witness support for this
amendment was unanimous at the hearing.
Interested persons were invited to present evidence at the
hearing
on the probable regulatory and informational impact of the proposed
amendments to the order on small entities. The record evidence is
that
implementation of the amendments will have little or no impact on
producers and handlers.
USDA has not identified any relevant Federal rules that
duplicate,
overlap or conflict with this proposed rule. These amendments are
intended to improve the operation and administration of the order and
to assist in the marketing of fresh Florida citrus.

Paperwork Reduction Act

Information collection requirements for Part 905 are currently
approved by the Office of Management and Budget (OMB), under OMB
Number
0581-0189--``Generic OMB Fruit Crops.'' No changes in these
requirements are anticipated as a result of these amendments. Should
any such changes become necessary, they will be submitted to OMB for
approval.
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.
AMS is committed to complying with the Government Paperwork
Elimination Act, which requires Government agencies in general to
provide the public the option of submitting information or
transacting
business electronically to the maximum extent possible.
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.

Civil Justice Reform

The amendments to Marketing Order 905 as stated herein have been
reviewed under Executive Order 12988, Civil Justice Reform. They are
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 an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law
and
request a modification of the 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 no later than 20 days after the date of
the
entry of the ruling.

Order Amending the Order Regulating the Handling of Oranges,
Grapefruit, Tangerines, and Tangelos Grown in Florida

Findings and Determinations

The findings and determinations set forth hereinafter are
supplementary and in addition to the findings and determinations
previously made in connection with the issuance of the order; and all
of said previous findings and determinations are hereby ratified and
affirmed, except insofar as such findings and determinations may be
in
conflict with the findings and determinations set forth herein.
(a) Findings and Determinations Upon the Basis of the Hearing
Record.
Pursuant to the provisions of the Agricultural Marketing
Agreement
Act of 1937, as amended (7 U.S.C. 601-674) and the applicable rules
of
practice and procedure effective thereunder (7 CFR part 900), a
public
hearing was held upon the proposed amendments to Marketing Order No.
905 (7 CFR part 905), regulating the handling of oranges, grapefruit,
tangerines, and tangelos grown in Florida.
Upon the basis of the evidence introduced at such hearing and the
record thereof, it is found that:
(1) The marketing order, as amended, and as hereby further
amended,
and all of the terms and conditions thereof, will tend to effectuate
the declared policy of the Act;
(2) The marketing order, as amended, and as hereby further
amended,
regulates the handling of oranges, grapefruit, tangerines, and
tangelos
grown in the production area in the same manner as, and is applicable
only to persons in the respective classes of commercial and
industrial
activity specified in the marketing order upon which hearings have
been
held;
(3) The marketing order, as amended, and as hereby further
amended,
is limited in application to the smallest regional production area
which is practicable, consistent with carrying out the declared
policy
of the Act, and the issuance of several orders applicable to
subdivision of the production area would not effectively carry out
the
declared policy of the Act;
(4) The marketing order, as amended, and as hereby further
amended,
prescribes, insofar as practicable, such different terms applicable
to
different parts of the production area as are necessary to give due
recognition to the differences in the production and marketing of
oranges, grapefruit, tangerines, and tangelos grown in the production
area; and
(5) All handling of oranges, grapefruit, tangerines, and tangelos
grown in the production area is in the current of interstate or
foreign
commerce or directly burdens, obstructs, or affects such commerce.
(b) Determinations. It is hereby determined that:

(1) Handlers (excluding cooperative associations of producers who
are not engaged in processing, distributing, or shipping oranges,
grapefruit, tangerines, and tangelos covered by the order as hereby
amended) who, during the period August 1, 2007 through July 31, 2008,
handled 50 percent or more of the volume of such oranges, grapefruit,
tangerines, and tangelos covered by said order, as hereby amended,
have
not signed an amended marketing agreement; and,
(2) The issuance of this amendatory order, further amending the
aforesaid order, is favored or approved by at least two-thirds of the
producers who participated in a referendum on the question of
approval
and who, during the period of August 1, 2007 through July 31, 2008
(which has been deemed to be a representative period), have been
engaged within the production area in the production of such oranges,
grapefruit, tangerines, and tangelos; and

[[Page 46306]]

(3) In the absence of a signed marketing agreement, the issuance
of
this amendatory order is the only practical means pursuant to the
declared policy of the Act of advancing the interests of producers of
oranges, grapefruit, tangerines, and tangelos in the production area.

Order Relative to Handling of Oranges, Grapefruit, Tangerines, and
Tangelos Grown in Florida

It is therefore ordered, That on and after the effective date
hereof, all handling of oranges, grapefruit, tangerines, and tangelos
grown in Florida shall be in conformity to, and in compliance with,
the
terms and conditions of the said order as hereby amended as follows:
The provisions of the proposed order further amending the order
contained in the Secretary's Decision issued by the Administrator on
April 6, 2009, and published in the Federal Register on April 13,
2009
(74 FR 16798), shall be and are the terms and provisions of this
order
amending the order and set forth in full herein.

List of Subjects in 7 CFR Part 905

Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.


0
For the reasons set forth in the preamble, Title 7, Chapter IX of the
Code of Federal Regulations is amended by amending part 905 to read
as
follows:

PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS 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. Amend Sec. 905.22 by revising paragraphs (a)(2) and (b)(2) to
read
as follows:


Sec. 905.22 Nominations.

(a) * * *
(2) Each nominee shall be a producer in the district from which
he
or she is nominated. In voting for nominees, each producer shall be
entitled to cast one vote for each nominee in each of the districts
in
which he or she is a producer. At least two of the nominees and their
alternates so nominated shall be affiliated with a bona fide
cooperative marketing organization.
(b) * * *
(2) Nomination of at least two members and their alternates shall
be made by bona fide cooperative marketing organizations which are
handlers. Nominations for not more than six members and their
alternates shall be made by handlers who are not so affiliated. In
voting for nominees, each handler or his or her authorized
representative shall be entitled to cast one vote, which shall be
weighted by the volume of fruit by such handler during the then
current
fiscal period.

0
3. Revise Sec. 905.23 to read as follows:


Sec. 905.23 Selection.

(a) From the nominations made pursuant to Sec. 905.22(a) or from
other qualified persons, the Secretary shall select one member and
one
alternate member to represent District 2 and two members and two
alternate members each to represent Districts 1, 3, 4, and 5 or such
other number of members and alternate members from each district as
may
be prescribed pursuant to Sec. 905.14. At least two such members and
their alternates shall be affiliated with bona fide cooperative
marketing organizations.
(b) From the nominations made pursuant to Sec. 905.22(b) or from
other qualified persons, the Secretary shall select at least two
members and their alternates to represent bona fide cooperative
marketing organizations which are handlers, and the remaining members
and their alternates to represent handlers who are not so affiliated.

0
4. In Sec. 905.29, redesignate paragraph (b) as paragraph (c), and
add
a new paragraph (b) to read as follows:


Sec. 905.29 Inability of members to serve.

* * * * *
(b) If both a member and his or her respective alternate are
unable
to attend a committee meeting, such member may designate another
alternate to act in his or her place in order to obtain a quorum:
Provided, That such alternate member represents the same group
affiliation as the absent member. If the member is unable to
designate
such an alternate, the committee members present may designate such
alternate.
* * * * *

0
5. Revise paragraph (c) of Sec. 905.34 to read as follows:


Sec. 905.34 Procedure of committees.

* * * * *
(c) The committee may provide for meeting by telephone,
telegraph,
or other means of communication, and any vote cast at such a meeting
shall be promptly confirmed in writing: Provided, That if any
assembled
meeting is held, all votes shall be cast in person.
* * * * *

0
6. Add a new Sec. 905.54 to read as follows:


Sec. 905.54 Marketing, research and development.

The committee may, with the approval of the Secretary, establish,
or provide for the establishment of, projects including production
research, marketing research and development projects, and marketing
promotion including paid advertising, designed to assist, improve, or
promote the marketing, distribution, and consumption or efficient
production of fruit. The expenses of such projects shall be paid by
funds collected pursuant to Sec. 905.41. Upon conclusion of each
project, but at least annually, the committee shall summarize the
program status and accomplishments to its members and the Secretary.
A
similar report to the committee shall be required of any contracting
party on any project carried out under this section. Also, for each
project, the contracting party shall be required to maintain records
of
money received and expenditures, and such shall be available to the
committee and the Secretary.

Dated: September 2, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-21656 Filed 9-8-09; 8:45 am]

BILLING CODE 3410-02-P






==============================================================================
TOPIC: ACTION: Notice. Meeting of the National Organic Standards Board
http://groups.google.com/group/freshproduce/t/0680e99de80d3c5e?hl=en
==============================================================================

== 1 of 1 ==
Date: Wed, Sep 9 2009 4:06 am
From: Big Apple


[Federal Register: September 9, 2009 (Volume 74, Number 173)]
[Notices]
[Page 46411-46413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se09-39]

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-TM-09-0060; TM-09-07]


Notice of Meeting of the National Organic Standards Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Federal Advisory Committee Act, as
amended, the Agricultural Marketing Service (AMS) is announcing a
forthcoming meeting of the National Organic Standards Board (NOSB).

DATES: The meeting dates are Tuesday, November 3, 2009, 9 a.m. to 5
p.m.; Wednesday, November 4, 2009, 8 a.m. to 5 p.m.; and Thursday,
November 5, 2009, 8 a.m. to 5 p.m. Requests from individuals and
organizations wishing to make oral presentations at the meeting are
due
by the close of business on October 19, 2009.

ADDRESSES: The meeting will take place at the Washington Plaza Hotel,
10 Thomas Circle, NW., Washington, DC 20005.
Requests for copies of the NOSB meeting agenda, may be
sent to Ms. Valerie Frances, Executive Director, NOSB, USDA-AMS-TMP-
NOP, 1400 Independence Ave., SW., Room 4004-So., Ag Stop 0268,
Washington, DC 20250-0268. The NOSB meeting agenda and proposed
recommendations may also be viewed at http://www.ams.usda.gov/nop.
Comments on proposed NOSB recommendations may be submitted
by the close of business of October 19, 2009, in writing to Ms.
Valerie
Frances at either the postal address above or via the Internet at
http://www.regulations.gov only. The comments should identify Docket
No. AMS-TM-09-0060. It is our intention to have all comments to this
notice whether they are submitted by mail or the Internet available
for
viewing on the http://www.regulations.gov Web site.
Requests to make an oral presentation at the meeting may
also be sent by October 19, 2009, to Ms. Valerie Frances at the
postal
address above, by e-mail at valerie.frances@ams.usda.gov, via
facsimile
at (202) 205-7808, or phone at (202) 720-3252.

FOR FURTHER INFORMATION CONTACT: Valerie Frances, Executive Director,
NOSB, National Organic Program (NOP), (202) 720-3252, or visit the
NOP
Web site at: http://www.ams.usda.gov/nop.

SUPPLEMENTARY INFORMATION: Section 2119 (7 U.S.C. 6518) of the
Organic
Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 et
seq.)
requires the establishment of the NOSB. The purpose of the NOSB is to
make recommendations about whether a substance should be allowed or
prohibited in organic production or handling, to assist in the
development of standards for substances to be used in organic
production, and to advise the Secretary on other aspects of the
implementation of the OFPA. The NOSB met for the first time in
Washington, DC, in March 1992, and currently has six subcommittees
working on various aspects of the organic program. The committees
are:
Compliance, Accreditation, and Certification; Crops; Handling;
Livestock; Materials; and Policy Development.
In August of 1994, the NOSB provided its initial recommendations
for the NOP to the Secretary of Agriculture. Since that time, the
NOSB
has submitted 170 addenda to its recommendations and reviewed more
than
353 substances for inclusion on the National List of Allowed and
Prohibited Substances. The Department of Agriculture (USDA) published
its final National Organic Program regulation in the Federal Register
on December 21, 2000, (65 FR 80548). The rule became effective April
21, 2001.
In addition, the OFPA authorizes the National List of Allowed and
Prohibited Substances and provides that no allowed or prohibited
substance would remain on the National List for a period exceeding
five
years unless the exemption or prohibition is reviewed and recommended
for renewal by the NOSB and adopted by the Secretary of Agriculture.
This expiration is commonly referred to as sunset of the National
List.
The National List appears at 7 CFR part 205, subpart G.
The principal purposes of the NOSB meeting are to provide an
opportunity for the NOSB to receive an update from the USDA/NOP and
hear progress reports from NOSB committees regarding work plan items
and proposed action items. The last NOSB meeting was held on May 4-6,
2009, in Washington, DC.
At its last meeting, the Board recommended the addition of three
materials with one on the National List Sec. 205.601 for use in
crops,
one on Sec. 205.603 for use in livestock and with one on Sec.
205.606
for use in handling.
At this meeting, the NOSB will conclude its review of 11 of the
12
materials scheduled to expire after September 12, 2011. There are two

[[Page 46412]]

synthetic substances: Hydrogen chloride (CAS 7647-01-0) and
Ferric phosphate (CAS 10045-86-0), currently allowed for use
in organic crop production, that will no longer be allowed for use
after September 12, 2011. There are ten materials: Egg white lysozyme
(CAS 9001-63-2), L-Malic acid (CAS 97-67-6),
Microorganisms, Activated charcoal (CAS s 7440-44-0; 64365-11-
3), Cyclohexylamine (CAS 108-91-8), Diethylaminoethanol (CAS
100-37-8), Octadecylamine (CAS 124-30-1), Peracetic
acid/Peroxyacetic acid (CAS 79-21-0), Sodium acid
pyrophosphate (CAS 7758-16-9), and Tetrasodium pyrophosphate
(CAS 7722-88-5), currently allowed for use in organic
handling, that will no longer be allowed for use after September 12,
2011. The sunset review process must be concluded no later than
September 12, 2011. If renewal is not concluded by those dates, the
use
of these 12 materials will no longer be in compliance with the NOP.
The NOSB will also begin its review pertaining to the continued
exemption (use) of 37 agricultural products not commercially
available
as organic that are scheduled to expire after June 27, 2012. These
products are allowed for use in organic handling in or on processed
products based on final commercial availability determinations by
accredited certifying agents. The NOSB will also begin its review
pertaining to the continued exemption (use) and prohibition of 166
substance listings used in organic production and handling scheduled
to
expire after October 7, 2012.
At this meeting, the Policy Development Committee will present
recommendations regarding revisions to the NOSB Policy and Procedures
Manual.
The Compliance, Accreditation, and Certification Committee will
present their recommendation to the NOP for use as guidance for
retailers, accredited certifying agents, and the NOP on the allowance
and use of voluntary retail certification, and their recommendation
for
rule change on the regulation of personal body care products under
the
NOP.
The Crops Committee will present recommendations on the materials
peracetic acid and manganese sulfate monohydrate petitioned for use
in
crops on Sec. 205.601.
The Crops Committee will conclude their review on the continued
use
of the material exemptions for Hydrogen chloride (CAS 7647-
01-0) and will continue their review on the continued use of Ferric
phosphate (CAS 10045-86-0), with their respective annotations
and limitations, currently allowed for use in organic crop
production,
that will no longer be allowed for use after September 12, 2011.
The Crops Committee will begin their review pertaining to the
continued exemption (use) the following synthetic substances allowed
for use in on Sec. 205.601 that are scheduled to expire after
October
7, 2012 from use in organic crop production: Ethanol; Isopropanol;
Calcium hypochlorite; Chlorine dioxide; Sodium hypochlorite; Hydrogen
peroxide; Soap-based algicide/demossers; Herbicides, soap-based;
Newspaper or other recycled paper, without glossy or colored inks;
Plastic mulch and covers; Newspapers or other recycled paper, without
glossy or colored inks; Soaps, ammonium; Ammonium carbonate; Boric
acid; Elemental sulfur (3 uses); Lime sulfur; Oils, horticultural-
narrow range oils as dormant, suffocating, and summer oils (2 uses);
Soaps, insecticidal; Sticky traps/barriers; Pheromones; Sulfur
dioxide;
Vitamin D3; Copper hydroxide; Copper oxide; Copper
oxychloride; Copper sulfate (2 uses); Hydrated lime; Hydrogen
peroxide;
Lime sulfur; Potassium bicarbonate; Streptomycin; Tetracycline
(oxytetracycline calcium complex); Aquatic plant extracts (other than
hydrolyzed); Humic acids; Lignin sulfonate; Magnesium sulfate;
Soluble
boron products; Sulfates, carbonates, oxides, or silicates of zinc,
copper, iron, manganese, molybdenum, selenium, and cobalt; Liquid
fish
products; Vitamin B1; Vitamin C; Vitamin E; Ethylene gas;
Lignin sulfonate; Sodium silicate; and EPA List 4-Inerts of Minimal
Concern.
The Crops Committee will begin their review pertaining to the
continued prohibition of the following synthetic substances on Sec.
205.602 which are scheduled to expire and be allowed for use after
October 7, 2012 in organic crop production: Ash from manure burning;
Arsenic; Lead salts; Potassium chloride; Sodium fluoaluminate
(mined);
Sodium nitrate; Strychnine; and Tobacco dust (nicotine sulfate).
The Materials Committee will present its recommendation to the
NOP
for rule change on various definitions and the use of nanotechnology
in
organic standards.
The Livestock Committee will present their recommendations on the
material Eprinomectin petitioned for use in livestock production on
Sec. 205.603.
The Livestock Committee will present its recommendations on
technical corrections to the annotations for the materials: Vaccines,
Excipients, Chlorhexidine, and Xylazine currently allowed on Sec.
205.603 for use in organic livestock production.
The Livestock Committee will also present their recommendations
to
the NOP in regards to the development of more specific standards for
the improvement of animal welfare under organic management and for
the
development of organic aquaculture standards for bivalves.
The Livestock Committee will begin their review pertaining to the
continued exemption (use) of the following synthetic substances
allowed
for use in organic livestock production on Sec. 205.603 that are
scheduled to expire after October 7, 2012: Ethanol; Isopropanol;
Aspirin; Vaccines; Chlorhexidine; Calcium hypochlorite. Chlorine
dioxide; Sodium hypochlorite; Electrolytes; Glucose; Glycerine;
Hydrogen peroxide; Iodine; Magnesium sulfate; Oxytocin; Ivermectin;
Phosphoric acid; Copper sulfate; Iodine; Lidocaine; Lime, hydrated;
Mineral oil; Procaine; Trace minerals; Vitamins; EPA List 4-Inerts of
Minimal Concern.
The Livestock Committee will also begin their review pertaining
to
the continued prohibition of the following synthetic substance on
Sec.
205.604 which is scheduled to expire and be allowed for use after
October 7, 2012 in organic livestock production: Strychnine.
The Materials and Handling Committees will jointly present their
recommendations to the NOP to clarify the definitions of the National
List.
The Handling Committee will conclude their review on the
continued
use of the material exemptions for ten materials: Egg White Lysozyme
(CAS 9001-63-2), L-Malic acid (CAS 97-67-6),
Microorganisms, Activated charcoal (CAS s 7440-44-0; 64365-11-
3), Cyclohexylamine (CAS 108-91-8), Diethylaminoethanol (CAS
100-37-8), Octadecylamine (CAS 124-30-1), Peracetic
acid/Peroxyacetic acid (CAS 79-21-0), Sodium acid
pyrophosphate (CAS 7758-16-9), and Tetrasodium pyrophosphate
(CAS 7722-88-5), with their respective annotations and
limitations currently allowed for use in organic handling on Sec.
205.605, that will no longer be allowed for use after September 12,
2011.
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the nonorganically produced agricultural
products allowed as ingredients in or on processed products labeled
as
``organic'' on Sec. 205.606 depending on final commercial
availability
determinations performed by accredited certifying agents scheduled to
expire after June 27, 2012.

[[Page 46413]]

The following are allowed as color ingredients from agricultural
products: Annatto extract color (pigment CAS 1393-63-1)--
water and oil soluble; Beet juice extract color (pigment CAS
7659-95-2); Beta-Carotene extract color from carrots (CAS
1393-63-1); Black currant juice color (pigment CAS 's: 528-58-
5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Black/
Purple
carrot juice color (pigment CAS 's: 528-58-5, 528-53-0, 643-
84-5, 134-01-0, 1429-30-7, and 134-04-3); Blueberry juice color
(pigment CAS 's: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-
30-7, and 134-04-3); Carrot juice color (pigment CAS 1393-63-
1); Cherry juice color (pigment CAS 's: 528-58-5, 528-53-0,
643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Chokeberry--Aronia
juice
color (pigment CAS 's: 528-58-5, 528-53-0, 643-84-5, 134-01-0,
1429-30-7, and 134-04-3); Elderberry juice color (pigment CAS
's: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and
134-04-3); Grape juice color (pigment CAS 's: 528-58-5, 528-
53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Grape skin
extract
color (pigment CAS 's: 528-58-5, 528-53-0, 643-84-5, 134-01-0,
1429-30-7, and 134-04-3); Paprika color--dried powder and vegetable
oil
extract (CAS 68917-78-2); Pumpkin juice color (pigment CAS
127-40-2); Purple potato juice color (pigment CAS
's: 528-58-5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and
134-04-3); Red cabbage extract color (pigment CAS 's: 528-58-
5, 528-53-0, 643-84-5, 134-01-0, 1429-30-7, and 134-04-3); Red radish
extract color (pigment CAS 's: 528-58-5, 528-53-0, 643-84-5,
134-01-0, 1429-30-7, and 134-04-3); Saffron extract color (pigment
CAS
1393-63-1), and Turmeric extract color (CAS 458-37-
7).
The following are allowed as ingredients or processing aids from
agricultural products: Casings, from processed intestines (no CAS
); Celery powder (No CAS ); Chia (Salvia hispanica
L.) (no CAS ); Dillweed oil (CAS 8006-75-5); Fish
oil (Fatty acid CAS 's: 10417-94-4, and 25167-62-8);
Fructooligosaccharides (CAS 308066-66-2); Galangal, frozen
(no CAS ); Gelatin (CAS 9000-70-8); Hops (Humulus
lupulus) (no CAS ); Inulin, oligofructose enriched (CAS
9005-80-5); Konjac flour (CAS 37220-17-0);
Lemongrass, frozen (no CAS ); Orange shellac, unbleached (CAS
9000-59-3); Pepper, chipotle chile (no CAS ); Sweet
potato starch, for bean thread production only (no CAS );
Turkish bay leaves (no CAS ); Wakame seaweed (Undaria
pinnatifida) (no CAS ); and Whey protein concentrate (no CAS
).
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the following nonagricultural
(nonorganic)
substances allowed as ingredients in or on processed products labeled
as ``organic'' or ``made with organic (specified ingredients or food
groups(s)) currently scheduled for expiration after October 7, 2012
from Sec. 205.605 as (a) Nonsynthetics allowed: Acids (Alginic;
Citric; and Lactic); Bentonite; Calcium carbonate; Calcium chloride;
Carageenan; Dairy cultures; Diatomaceous earth; Enzymes; Flavors;
Kaolin; Magnesium sulfate; Nitrogen; Oxygen; Perlite; Potassium
chloride; Potassium iodide; Sodium bicarbonate; Sodium carbonate;
Waxes; Yeast (Autolysate; Bakers; Brewers; Nutritional; and Smoked).
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the following nonagricultural
(nonorganic)
substances allowed as ingredients in or on processed products labeled
as ``organic'' or ``made with organic (specified ingredients or food
groups(s)) currently scheduled for expiration after October 7, 2012
listed on Sec. 205.605 as (b) Synthetics allowed: Alginates;
Ammonium
bicarbonate; Ammonium carbonate; Ascorbic acid; Calcium citrate;
Calcium hydroxide; Calcium phosphates (monobasic, dibasic, and
tribasic); Carbon dioxide; Chlorine materials (Calcium hypochlorite;
Chlorine dioxide; and Sodium hypochlorite); Ethylene; Ferrous
sulfate;
Glycerides (mono and di) Glycerin; Hydrogen peroxide; Lecithin--
bleached; Magnesium carbonate; Magnesium chloride; Magnesium
stearate;
Nutrient vitamins and minerals; Ozone; Pectin (low-methoxy);
Phosphoric
acid; Potassium acid tartrate; Potassium carbonate; Potassium
citrate;
Potassium hydroxide; Potassium iodide; Potassium phosphate; Silicon
dioxide; Sodium citrate; Sodium hydroxide; Sodium phosphates; Sulfur
dioxide; Tocopherols; and Xanthan gum.
The Handling Committee will begin their review pertaining to the
continued exemption (use) of the nonorganically produced agricultural
products allowed as ingredients in or on processed products labeled
as
``organic'' on Sec. 205.606 depending on final commercial
availability
determinations performed by accredited certifying agents that are
scheduled to expire after October 7, 2012. They are as follows:
Cornstarch (native); Gums-water extracted only (arabic, guar, locust
bean, carob bean); Kelp; Lecithin-unbleached; and Pectin (high-
methoxy).
The Meeting is Open to the Public. The NOSB has scheduled time
for
public input for Tuesday, November 3, 2009, from 10:45 a.m. to 5 p.m.
and Wednesday, November 4, 2009, from 3:30 p.m. to 5 p.m. Individuals
and organizations wishing to make oral presentations at the meeting
may
forward their requests by mail, facsimile, e-mail, or phone to Ms.
Valerie Frances as listed in ADDRESSES above. Individuals or
organizations will be given approximately five minutes to present
their
views. All persons making oral presentations are requested to provide
their comments in writing. Written submissions may contain
information
other than that presented at the oral presentation. Anyone may submit
written comments at the meeting. Persons submitting written comments
are asked to provide 30 copies.
Interested persons may visit the NOSB portion of the NOP Web site
at http://www.ams.usda.gov/nop to view available meeting documents
prior to the meeting, or visit http://www.regulations.gov to submit
and
view comments as provided for in ADDRESSES above. Documents presented
at the meeting will be posted for review on the NOP Web site
approximately six weeks following the meeting.

Dated: August 28, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-21610 Filed 9-8-09; 8:45 am]

BILLING CODE 3410-02-P






==============================================================================
TOPIC: ACTION: Notice and request for comments. Import regulations
http://groups.google.com/group/freshproduce/t/1268bfb4492187e3?hl=en
==============================================================================

== 1 of 1 ==
Date: Wed, Sep 9 2009 4:10 am
From: Big Apple


[Federal Register: September 9, 2009 (Volume 74, Number 173)]
[Notices]
[Page 46408-46409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se09-36]

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. AMS-FV-09-0025; FV09-900-1NC]


Request for New Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), this notice announces the Agricultural Marketing
Service's (AMS) intention to request approval for an information
collection for the AMS Survey of Marketing Order Online System (MOLS)
Users, the automated FV-6 form used by importers and receivers for
exempt imported fruits, vegetables and specialty crops.

DATES: Comments on this notice must be received by November 9, 2009.

ADDRESSES: Interested persons are invited to submit written comments
concerning this notice. Comments can be sent to Valerie L. Emmer-
Scott,
Marketing Specialist, Marketing Order Administration Branch, Fruit
and
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW.,
Washington, DC 20250-0237; (202) 205-2829, Fax: (202) 720-8938, or
Internet: http://www.regulations.gov. All comments should reference
the
docket 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:
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Nicole Nelson, Compliance Team,
Marketing Order Administration Branch, AMS, USDA, (202) 720-6467, or
E-
mail: nicole.nelson@ams.usda.gov.; or Greg Breasher, Compliance Team,
Marketing Order Administration Branch, AMS, USDA, (559) 487-5003, or
E-
mail: gregory.breasher@ams.usda.gov.

SUPPLEMENTARY INFORMATION:
Title: Marketing Order Online System (MOLS) Survey, Form FV-660.
OMB Number: 0581-NEW.
Type of Request: New information collection.
Abstract: Section 8e of the Agricultural Marketing Agreement Act
of
1937 (7 U.S.C. 601-674), hereinafter referred to as the ``Act'',
requires that when the Secretary of Agriculture issues grade, size,
quality, or maturity regulations under domestic marketing orders for
certain commodities, the same or comparable regulations apply to
imports of those commodities. Import regulations apply only during
those periods when domestic marketing order regulations are in effect.
Currently, the following commodities are subject to Section 8e
import regulations: avocados, dates (other than dates for
processing),
hazelnuts, grapefruit, table grapes, kiwifruit, olives (other than
Spanish-style olives), onions, oranges, Irish potatoes, dried prunes
(suspended), fresh prunes, raisins, tomatoes, and walnuts. However,
imports of these commodities are exempt from such requirements if
they
are imported for such outlets as processing, charity, animal feed,
seed
and distribution to relief agencies under the applicable marketing
orders.
Safeguard procedures in the form of importer and receiver
reporting
requirements ensure that the imported commodities are shipped to
authorized exempt outlets. Reports required under the safeguard
procedures are similar to the reports currently required by most
domestic marketing orders. The following import regulations require
importers and receivers of imported fruit, vegetable and specialty
crops to submit reports: (1) Fruits; import regulations (7 CFR part
944.350); (2) Vegetables; import regulations (7 CFR part 980.501);
and
(3) Specialty crops; import regulations (7 CFR part 999.500).
When required to do so under the above regulations, an importer
wishing to import commodities for exempt purposes completes Form
FV-6,
``Importer's Exempt Commodity Form,'' prior to importation. In August
2008, the web-based application, ``Marketing Order Online System
(MOLS)'' was launched allowing fruit, vegetable and specialty crop
importers and receivers to submit, review and search for FV-6
certificates online. The MOLS was developed to not only help USDA
manage incoming FV-6 forms, but to also help importers reduce
paperwork, streamline operations and allows the most efficient
clearance through U.S. Customs and Border Protection. The FV-6 form
and
the MOLS are currently approved by the Office of Management and
Budget
(OMB) under OMB No. 0581-0167, ``Specified Commodities Imported into
the United States Exempt from Import Requirements.''
The MOLS requires the minimum amount of information necessary to
effectively carry out the requirements of the Act. It fulfills the
intent of the Act and administers Section 8e compliance activities.
AMS offered MOLS to a test group of importers and receivers in
November 2008. In January 2009, AMS opened the system to all
importers
and receivers. Although the MOLS is the recommended form of FV-6
submission, paper copies are occasionally used by those respondents
who
do not have internet access.
AMS has developed a customer satisfaction survey, Form FV-660, to
gather specific information from approximately 200 respondents
currently registered and utilizing the MOLS. Information will be
collected on a voluntary basis, and the respondents' identities will
not be revealed in the survey results. The survey will allow AMS to
better serve the fruit, vegetable and specialty crop importing and
handling community. AMS is seeking OMB approval of the survey, under
OMB No. 0581-NEW. Upon approval, we request that the burden be merged
into OMB No. 0581-0167.
The information collected through this package will be used and
analyzed by authorized representatives of USDA, including AMS' Fruit
and Vegetable Programs' headquarters staff. The survey, FV-660, would
be distributed

[[Page 46409]]

by e-mail to the respondents. Respondents would return the survey by
e-
mail to the address on the survey form.
Estimate of Burden: Public reporting burden for this collection
of
information is estimated to average .25 hours per response.
Respondents: Importers and receivers.
Estimated Number of Respondents: 200.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 50 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.
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.

Dated: September 2, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-21655 Filed 9-8-09; 8:45 am]

BILLING CODE 3410-02-P






==============================================================================
TOPIC: ACTION: Notice of availability and request for comments. Citrus
Greening and Asian Citrus Psyllid
http://groups.google.com/group/freshproduce/t/4a227cf3b4f2b7cb?hl=en
==============================================================================

== 1 of 1 ==
Date: Wed, Sep 9 2009 4:11 am
From: Big Apple


[Federal Register: September 9, 2009 (Volume 74, Number 173)]
[Notices]
[Page 46409-46411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se09-38]

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0015]


Citrus Greening and Asian Citrus Psyllid; Availability of an
Environmental Assessment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that an environmental assessment
has been prepared by the Animal and Plant Health Inspection Service
relative to a proposed control program for citrus greening disease
and
the Asian citrus psyllid. The environmental assessment documents our
review and analysis of the potential environmental impacts associated
with the implementation of this program. We are making this
environmental assessment available to the public for review and
comment.

[[Page 46410]]


DATES: We will consider all comments that we receive on or before
November 9, 2009.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0015 to submit or view comments
and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0015, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2008-0015.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141
of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there
to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Patrick Gomes, APHIS, PPQ, 920
Main Campus Drive, Suite 200, Raleigh, NC 27606-5213; (919) 855-7313.

SUPPLEMENTARY INFORMATION:

Background

Citrus greening, also known as huanglongbing disease of citrus,
is
considered to be one of the most serious citrus diseases in the
world.
Citrus greening is a bacterial disease caused by strains of the
bacterial pathogen ``Candidatus Liberibacter asiaticus'' that attacks
the vascular system of host plants. The bacteria are phloem-limited,
inhabiting the food-conducting tissue of the host plant, and causes
yellow shoots, blotchy mottling and chlorosis, reduced foliage, and
tip
dieback of citrus plants. Citrus greening greatly reduces production,
destroys the economic value of the fruit, and can kill trees. Once a
tree is infected with citrus greening, there is no cure for the
disease. In areas of the world where citrus greening is endemic,
citrus
trees decline and die within a few years and may never produce usable
fruit. Citrus greening was first detected in the United States in
Miami-Dade County, FL, in 2005, and is only known to be present in
the
United States in the States of Florida and Georgia, two parishes in
Louisiana, and two counties in South Carolina.
The bacterial pathogen causing citrus greening can be transmitted
by grafting, and under laboratory conditions, by dodder. There also
is
some evidence that seed transmission may occur. The pathogen can also
be transmitted by two insect vectors in the family Psyllidae:
Diaphorina citri Kuwayama, the Asian citrus psyllid (ACP), and Trioza
erytreae (del Guercio), the African citrus psyllid. ACP can also
cause
economic damage to citrus in groves and nurseries by direct feeding.
Both adults and nymphs feed on young foliage, depleting the sap and
causing galling or curling of leaves. High populations feeding on a
citrus shoot can kill the growing tip. ACP is currently present in
Alabama, California, Florida, Georgia, Guam, Hawaii, Louisiana,
Mississippi, Puerto Rico, South Carolina, and Texas. Based on regular
surveys of domestic commercial citrus-producing areas, the African
citrus psyllid is not present in the United States.
The Animal and Plant Health Inspection Service (APHIS) of the
United States Department of Agriculture (USDA) has undertaken
measures
to control the artificial spread of citrus greening to noninfested
areas of the United States since its introduction in 2005. On
September
16, 2005, APHIS issued a Federal Order designating one affected
county
in Florida as a quarantined area, and imposing restrictions on the
interstate movement all citrus greening and ACP host material from
this
area.\1\
---------------------------------------------------------------------------

\1\ To view the September 2005 Federal Order or any other
Federal order referenced in this document, go to http://
www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/
regs.shtml.
---------------------------------------------------------------------------

In January 2006, we issued an environmental assessment titled
``Citrus Greening Control Program in Florida Nurseries'' (January
2006).\2\ This document assessed the environmental impacts associated
with the use of the pesticide treatments acetamiprid, chlorpyrifos,
fenpropathrin, imidacloprid, kaolin, and a cyfluthrin/imidacloprid
mixture as part of a disease control program for citrus greening and
ACP.
---------------------------------------------------------------------------

\2\ To view the 2006 environmental assessment, go to http://
www.aphis.usda.gov/plant_health/ea/downloads/citrusgreening1-
06ea.pdf.
---------------------------------------------------------------------------

On November 2, 2007, we issued a revised order that designated
additional counties in Florida as areas quarantined for citrus
greening, and that quarantined 32 counties in Texas, the entire
States
of Florida and Hawaii, the entire Territory of Guam, and the entire
Commonwealth of Puerto Rico for ACP. The November 2007 order also
contained treatments that could be performed on ACP regulated
articles
to allow their movement from a quarantined area to areas of the
United
States other than commercial citrus-producing States. The order
stated
that, prior to movement, host material (other than Bergera (Murraya)
koenigii, or curryleaf) had to be treated using an Environmental
Protection Agency-approved product labeled for use in nurseries. The
articles had to subsequently be treated with a drench containing
imidacloprid as the active ingredient within 30 days prior to
movement
and with a foliar spray with a product containing acetamiprid,
chlorpyrifos, or fenpropathrin as the active ingredient within 10
days
prior to movement. Provided that it did not originate from an area
quarantined for citrus greening, curryleaf could be moved interstate
to
any State following treatment with methyl bromide according to the
APHIS-approved treatment schedule MB T101-n-2, found in 7 CFR part
305.
We accompanied this revised order with a notice \3\ published in
the Federal Register on November 2, 2007 (72 FR 62204-62205; Docket
No.
APHIS-2007-0135), in which we announced to the public the
availability
of an environmental assessment titled ``Movement of Regulated
Articles
from Citrus Greening and Asian Citrus Psyllid Quarantine Zones''
(October 2007). The assessment evaluated the possible environmental
impacts associated with implementation of the revised Federal Order,
and, in particular, the treatment schedules specified within it.
---------------------------------------------------------------------------

\3\ To view the notice and the environmental assessment, go to
http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0135.
---------------------------------------------------------------------------

Since issuance of these documents, we have issued six additional
Federal Orders to designate new areas as quarantined areas for citrus
greening or ACP. In these orders, we have added irradiation treatment
at 400 gray as an approved treatment for ACP host articles, provided
that the articles do not originate from an area that is quarantined
for
citrus greening. The latest Federal Order was issued on July 29, 2009.
Concurrent with the issuance of these Federal Orders, we have
also
received requests from citrus industry representatives and State
plant
health officials in several States with

[[Page 46411]]

commercial citrus production to examine the efficacy of in-ground
granular applications containing dinotefuran and foliar sprays
containing bifenthrin, deltamethrin, dinotefuran, or a mixture of
imidacloprid and cyfluthrin as pesticide treatments for ACP. We have
found them to be effective in treating regulated nursery stock for
ACP.
Accordingly, we have completed an assessment of the environmental
impacts anticipated from a control program that would incorporate the
provisions of the latest Federal order, the use of these new granular
applications and foliar sprays as treatments for ACP, and additional
measures that are currently not included in the July 29, 2009 Federal
Order but that we consider necessary to prevent the spread of citrus
greening and ACP to currently unaffected areas of the United States.
APHIS' review and analysis of these potential environmental
impacts
are documented in detail in an environmental assessment titled
``Quarantine and Interstate Movement of Citrus Greening and Asian
Citrus Psyllid'' (July 2009). We are making this assessment available
to the public for review and comment. We will consider all comments
that we receive on or before the date listed under the heading DATES
at
the beginning of this notice.
The environmental assessment may be viewed on the Regulations.gov
Web site or in our reading room (see ADDRESSES above for instructions
for accessing the document on Regulations.gov and information on the
location and hours of the reading room). You may request paper copies
of the environmental assessment by calling or writing to the person
listed under FOR FURTHER INFORMATION CONTACT. Please refer to title
of
the assessment when requesting copies.
The environmental assessment has been prepared in accordance
with:
(1) The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321 et seq.), (2) regulations of the Council on
Environmental Quality for implementing the procedural provisions of
NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR
part 372).

Done in Washington, DC, this 2nd day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-21669 Filed 9-8-09; 8:45 am]

BILLING CODE 3410-34-P






==============================================================================
TOPIC: (Fresh Produce) Mr. Mom Goes Shopping
http://groups.google.com/group/freshproduce/t/c607e2b08b5a3bc1?hl=en
==============================================================================

== 1 of 2 ==
Date: Wed, Sep 9 2009 6:55 am
From: Pamela Riemenschneider


I think whomever analyzed this data is a little off. This list sounds
EXACTLY like what a guy would buy at the store to me who is not shopping for
someone else.

this stuff is EXACTLY what my husband buys when I'm out of town. Although I
have to give him credit, he does buy lots of produce (when I'm in town) and
has been the primary shopper for the past year or so.

Lasagna?
canned stew?
canned seafood? tuna, anyone?
clif bars?
lunch meat?
drinkable yogurt?


From the story:
More than half of the principal male's shopping basket consists of
items that indicate they are not just shopping for themselves.
Examples include:

• Men's external breathing aids (61 percent)
• Canned seafood (61 percent)
• Refrigerated juices, Drinks (61 percent)
• Prepared Food, ready-to-serve stew (59 percent)
• Herbal packaged tea (57 percent)
• Prepared food, ready-to-serve lasagna (55 percent)
• Health bars & sticks (54 percent)
• Non-sliced refrigerated lunch meat (53 percent)
• Refrigerated yogurt and shakes (52 percent)
• Dishwasher rinsing aids (52 percent)

On Wed, Sep 9, 2009 at 1:20 AM, Luis <padilla.luis2@gmail.com> wrote:

>
> {When used to crack numbers on F&V consumption, it was always striking/
> depressing to repeteadly find that males, particularly males on the
> prime of life, show some of lowest FV consumption and the worse eating
> habits.
> Young women and children usually give the greatest bang for the buck
> in terms of nutition intervention and are arguably more receptive but
> I've always wondered if males are just being overlooked. The health
> stats (i.e. morbidity etc.) and just looking at older couples tell the
> story. Should it be that way? What would be effective ways to reach
> this demographic? Specially the young, tough and indestructible
> crowd. Hmm... Warning: A lot of beer and bratwurst may cause you
> certain disfunctions}
>
> Role Reversal: Mr. Mom Goes Shopping
> July 1, 2009
> By Peter Leimbach
> Brandweek
>
> http://brandweek.printthis.clickability.com/pt/cpt?action=cpt&title=Role+Reversal%3A+Mr.+Mom+Goes+Shopping&expire=&urlID=406012507&fb=Y&url=http%3A%2F%2Fwww.brandweek.com%2Fbw%2Fcontent_display%2Fspecial-reports%2Fstudies%2Fe3i1a1890f91e4cda9a4dfe18ff7b2114b5&partnerID=3622
>
>
> The past two decades has seen a role reversal of sorts taking place:
> the traditional roles of men and women are being redefined to better
> reflect today's social norms. Today's American households are looking
> less like Donna Reed -- the paradigm for the ideal 1950s family -- and
> more like Mr. Mom.
>
> Shifting norms
>
> Since 1985 there has been a dramatic shift in the composition of male
> principal shoppers in the U.S. Several factors are contributing to
> this trend. First, the traditional family unit has multiple variations
> today. From two working parents to single-parent homes, a younger
> generation is being exposed to new norms. Second, Americans are
> waiting longer to get married. According to the U.S. Census Bureau, in
> 2008, the median age at first marriage was 27.4 for men and 25.6 for
> women vs. 25.9 for men and 23.6 for women in 1988. Lastly, Americans
> are living longer and as baby boomers retire, the men of that
> generation are shopping more than their fathers or grandfathers ever
> did.
>
> Today, almost one-third of men are now the principal shoppers in the
> household. With more men in store aisles, marketers need to better
> understand how to reach this growing segment of shoppers.
>
> Increasing presence
>
> BusinessWeek reported in a September 2006 article, "Secrets of the
> Male Shoppers", that "men buy, women shop: the sexes have different
> priorities when walking down the aisles." This is an important
> distinction for marketers to consider when targeting male shoppers.
>
> Nielsen data shows that while females dominate shopping trips in all
> channels except convenience/gas stores, their share of trips has
> declined in all outlets from 2004 to 2008/2009. On the other hand,
> men's share of retail shopping trips has done just the opposite --
> increased in all outlets. The channels with the greatest relative
> importance to men include convenience/gas outlets, warehouse clubs and
> grocery stores.
>
> And while females outspend male shoppers per trip across all retail
> channels, the average basket size spend differential is not as large
> as might be expected. The fact that women conduct more "planned"
> shopping trips than men is one explanation for the higher dollar
> amount.
>
> Overall, men are substantially increasing their average dollar basket
> size across all channels -- especially in grocery where they have
> increased spending by 56 percent over a five-year span. Additionally,
> while their share of spending is growing across all retail outlets,
> women's share of spending has declined. In the grocery channel, men's
> share of dollars increased from 30-38 percent -- a 27 percent
> increase versus women's decline of 11 percent.
>
> Not just beer and brawn
>
> A shopping report commissioned by ESPN to evaluate Nielsen sales data
> based on the presence of the male head of house as the primary or
> secondary shopper on a trip revealed some unexpected findings.
>
> From 2006 to 2008, there has been an upward trend in both the amount
> of dollars spent by men and their shopping frequency. The occasions
> when males were the primary or primary/secondary shopper have
> increased by 4 percent and 3 percent during this two-year time period
> and the total dollars spent has increased by 8 percent and 7 percent,
> respectively.
>
> And while a high percentage of dollars spent by men are in fairly
> predictable categories such as grooming care products and alcoholic
> beverages -- men's hair coloring (86 percent); men's depilatories (84
> percent); gin (83 percent); scotch (81 percent) -- and pre-shave
> cosmetics (80 percent), a peek inside their shopping basket reveals
> they are likely shopping for the family too.
> More than half of the principal male's shopping basket consists of
> items that indicate they are not just shopping for themselves.
> Examples include:
>
> • Men's external breathing aids (61 percent)
> • Canned seafood (61 percent)
> • Refrigerated juices, Drinks (61 percent)
> • Prepared Food, ready-to-serve stew (59 percent)
> • Herbal packaged tea (57 percent)
> • Prepared food, ready-to-serve lasagna (55 percent)
> • Health bars & sticks (54 percent)
> • Non-sliced refrigerated lunch meat (53 percent)
> • Refrigerated yogurt and shakes (52 percent)
> • Dishwasher rinsing aids (52 percent)
>
> Impact on media strategy
>
> Advertisers need to evaluate the importance of men's purchase volume
> for their brand and competitive brands and determine whether the
> current media mix appropriately reaches male purchasers. Traditional
> media tend to fall into three categories:
>
> • Programming that skew primarily female (network soap operas and
> female-targeted cable networks like Lifetime and Oxygen)
>
> • Programming with evenly skews male/female (network prime time, broad-
> based cable networks like USA Network)
>
> • Programming that skews male (primarily sports networks)
>
> Nielsen conducted an analysis to determine how well a given media
> schedule was delivering both male and female brand users for a leading
> brand in the cold remedy category. The findings revealed that men
> accounted for 48 percent of brand users and 48 percent of brand sales
> came from shopping trips where the male head of house was the primary/
> secondary shopper.
>
> And while the advertiser's schedule included a wide mix of broadcast
> and cable networks, it focused primarily on targeting women and
> adults. Sports networks accounted for only 2 percent of the schedule's
> GRPs. This mix resulted in a schedule where only 38 percent of the
> brand target impressions fell against men -- far less than their share
> of brand spend.
>
> Continued quest
>
> The male as a principal shopper is not an emerging trend, as marketers
> have been struggling to understand this segment for over 20 years. But
> as marketers learn more about where and what this consumer segment
> buys, they are better able to guide brand positioning and media
> targeting to capitalize on this target when they are in the aisles.
>
> >
>


--
"The clash of ideas is the sound of freedom."
-- Lady Bird Johnson




== 2 of 2 ==
Date: Wed, Sep 9 2009 3:00 pm
From: Luis


Yes, quite a bit off. The breathing aids, stew and lunch meats are
highly suspect while arguably, the herbal tea, dishwasher, health bars
and yogurt looks more "family oriented". The trend in more male
shopping trips and the forecast that women are poised to surpass men
in the workforce due to trends + recession, makes it more interesting
to know what's going on with this demographic. I know I have some
friends I rather not see shopping and "preparing" food to feed their
families.





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