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Notes

7 C.F.R. §§ 948.23–948.30

5 sections in range

§948.23. Handling for special purposes.

7 C.F.R. § 948.23

Upon the basis of recommendations and information submitted by an area committee, or other available information, the Secretary, whenever he finds that it will tend to effectuate the declared purposes of the Act, shall modify, suspend, or terminate requirements in effect pursuant to §§ 948.20 to 948.22, inclusive, or § 948.40 or § 948.77, or any combination thereof, to facilitate handling of potatoes for
(a)
Relief or charity;
(b)
Livestock feed;
(c)
Export;
(d)
Seed;
(e)
Potatoes, other than certified seed, sold to a producer exclusively for planting within specific geographic limits;
(f)
Manufacture or conversion into specified products;
(g)
Other purposes recommended by the committees and approved by the Secretary.
Notes, amendments, and revision history

Source

Source: 25 FR 7092, July 27, 1960, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Authority

Authority: 7 U.S.C. 601-674.

§948.24. Safeguards.

7 C.F.R. § 948.24

(a)
Each area committee, with the approval of the Secretary, shall prescribe adequate safeguards for potatoes handled pursuant to § 948.23 from entering trade channels other than those authorized by regulations and by such rules as may be necessary and incidental thereto.
(b)
Such safeguards may include requirements that handlers or processors desiring to handle potatoes pursuant to § 948.23 shall:
(1)
Apply for and obtain Certificates of Privilege from the area committee for handling potatoes affected or to be affected under the provisions of § 948.23;
(2)
Obtain inspection as required by § 948.40, or pay the assessment levied pursuant to § 948.77, or both, except as modified pursuant to § 948.23 in connection with shipments made under any such certificate; and
(3)
Furnish the committee such information, and execute or obtain execution of such documents, as the committee may require.
(c)
An area committee may rescind or deny to any handler permission to handle potatoes pursuant to § 948.23 of this subpart if proof satisfactory to the committee is obtained that potatoes handled by him for a purpose stated in § 948.23 were handled contrary to the provisions of this subpart.
(d)
The committee shall make reports to the Secretary, as requested, showing the number of applications for such certificates, the quantity of potatoes covered by such applications, the number of such applications denied and certificates granted, the quantity of potatoes handled under duly issued certificates, and such other information as may be requested.
Notes, amendments, and revision history

Source

Source: 25 FR 7092, July 27, 1960, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Authority

Authority: 7 U.S.C. 601-674.

§948.28. Policy.

7 C.F.R. § 948.28

Any producer whose potatoes have been adversely affected by acts beyond the control or reasonable expectation of a prudent grower and who, by reason of any regulation issued pursuant to this part, is or will be prevented from shipping or having shipped during the then current marketing season, or a specific portion thereof, as large a proportion of his potato crop as the average proportion shipped or to be shipped during comparable portions of the season by all producers in his immediate area of production, may apply to the committee for exemptions from such regulations for the purpose of obtaining equitable treatment under such regulations.
Notes, amendments, and revision history

Source

Source: 25 FR 7092, July 27, 1960, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Authority

Authority: 7 U.S.C. 601-674.

§948.29. Procedure.

7 C.F.R. § 948.29

Rules and procedures for granting exemptions may be issued by the Secretary, upon recommendation of area committees. Such rules and procedures may provide for methods of determinations by area committees of average proportions of crops shipped or being shipped in respective areas or subdivisions thereof during any or all portions of a season, for processing applications for exemption, for issuing or denying certificates of exemption, for administrative compliance with certificates issued, for reports by handlers thereon, and for such other procedures as may be necessary to administration hereof.
Notes, amendments, and revision history

Source

Source: 25 FR 7092, July 27, 1960, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Authority

Authority: 7 U.S.C. 601-674.

§948.30. Granting exemptions.

7 C.F.R. § 948.30

An area committee may issue certificates of exemption to any qualified applicant who furnishes adequate evidence to such committee:
(a)
That the grade, size, or quality of the applicant's potatoes have been adversely affected by acts beyond his control or reasonable expectations;
(b)
That by reason of regulations issued pursuant to § 948.20 or § 948.22, the applicant will be prevented as a producer from shipping or having shipped as large a proportion of his production as the average proportion of production shipped by all producers in said applicant's immediate area of production during the season, or a specific portion thereof.
(c)
Each such certificate issued shall permit the person identified therein to ship or have shipped the potatoes described thereon, and evidence of such certificates shall be made available to subsequent handlers thereof.
Notes, amendments, and revision history

Source

Source: 25 FR 7092, July 27, 1960, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Authority

Authority: 7 U.S.C. 601-674.