7 C.F.R. §§ 966.1–966.92

§966.1. Secretary.

7 C.F.R. § 966.1

Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.2. Act.

7 C.F.R. § 966.2

Act means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 Stat. 906, 1047).

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.3. Person.

7 C.F.R. § 966.3

Person means an individual, partnership, corporation, association, or any other business unit.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.4. Production area and regulated area.

7 C.F.R. § 966.4

(a)

Production area means the counties of Pinellas, Hillsborough, Polk, Osceola, and Brevard in the State of Florida, and all the counties of that State situated south of such counties.

(b)

Regulated area means that portion of the State of Florida which is bounded by the Suwannee River, the Georgia border, the Atlantic Ocean, and the Gulf of Mexico.

Notes, amendments, and revision history

Amendments

[33 FR 8585, June 12, 1968, as amended at 34 FR 19186, Dec. 4, 1969]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[33 FR 8585, June 12, 1968, as amended at 34 FR 19186, Dec. 4, 1969]

§966.5. Tomatoes.

7 C.F.R. § 966.5

Tomatoes means all varieties of the edible fruit (Lycopersicon esculentum) commonly known as tomatoes and grown within the production area.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.6. Handler.

7 C.F.R. § 966.6

Handler is synonymous with shipper and means any person (except a common or contract carrier transporting tomatoes for another person) who, as owner, agent, or otherwise, handles fresh tomatoes or causes fresh tomatoes to be handled.

Notes, amendments, and revision history

Amendments

[33 FR 8585, June 12, 1968]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[33 FR 8585, June 12, 1968]

§966.7. Handle.

7 C.F.R. § 966.7

Handle or ship means to sell, transport, deliver, or in any other way to place fresh tomatoes, produced in the production area, in the current of commerce within the regulated area or between any point in the regulated area and any point outside thereof. Such term shall not include the transportation, sale or delivery of field-run tomatoes within the production area by the producer thereof to a registered handler for the purpose of having such tomatoes prepared for market. A registered handler is a handler who has adequate facilities in the production area for grading and packing tomatoes and who is registered with the committee pursuant to rules established with the approval of the Secretary.

Notes, amendments, and revision history

Amendments

[34 FR 19186, Dec. 4, 1969]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[34 FR 19186, Dec. 4, 1969]

§966.8. Producer.

7 C.F.R. § 966.8

Producer means any person engaged in a proprietary capacity in the production of tomatoes for market.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.9. Grading.

7 C.F.R. § 966.9

Grading is synonymous with preparation for market and means the sorting or separation of tomatoes into grades, sizes, maturities, and packs for market purposes.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.10. Grade and size.

7 C.F.R. § 966.10

Grade means any one of the established grades of tomatoes and size means any one of the established sizes of tomatoes as defined and set forth in U.S. Standards for Fresh Tomatoes (§§ 51.1855 to 51.1877 of this title or U.S. Consumer Standards for Fresh Tomatoes (§§ 51.1900 to 51.1913 of this title), both issued by the United States Department of Agriculture, or amendments thereto, or modifications thereof, or variations based thereon recommended by the committee and approved by the Secretary.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.11. Pack.

7 C.F.R. § 966.11

Pack means any of the packs of tomatoes as defined and set forth in the United States Standards for Fresh Tomatoes issued by the United States Department of Agriculture (§§ 51.1855 to 51.1877 of this title), or any pack of tomatoes recommended by the committee and approved by the Secretary.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.12. Maturity.

7 C.F.R. § 966.12

Maturity means any of the various degrees of ripeness of tomatoes as established by the committee with approval of the Secretary as determined at the time of the inspection, pursuant to § 966.60(a).

Notes, amendments, and revision history

Amendments

[34 FR 19186, Dec. 4, 1969]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[34 FR 19186, Dec. 4, 1969]

§966.13. Container.

7 C.F.R. § 966.13

Container means a box, bag, crate, hamper, basket, package, tube, bulk load or any other type of unit used in the packaging, transportation, sale, shipment, or handling of tomatoes.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.14. Varieties.

7 C.F.R. § 966.14

Varieties means and includes all classifications or subdivisions of tomatoes according to those definitive characteristics now or hereafter recognized by the United States Department of Agriculture.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.15. Committee.

7 C.F.R. § 966.15

Committee means the Florida Tomato Committee, established pursuant to § 966.22.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.16. Fiscal period.

7 C.F.R. § 966.16

Fiscal period means the period beginning August 1 and ending July 31 following.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.17. District.

7 C.F.R. § 966.17

District means each one of the geographic divisions of the production area initially established pursuant to § 966.24, or as reestablished pursuant to § 966.25.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.18. Export.

7 C.F.R. § 966.18

Export means shipment of tomatoes beyond the boundaries of the 48 contiguous States (including the District of Columbia) of the United States.

Notes, amendments, and revision history

Amendments

[34 FR 19186, Dec. 4, 1969]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[34 FR 19186, Dec. 4, 1969]

§966.22. Establishment and membership.

7 C.F.R. § 966.22

(a)

The Florida Tomato Committee, consisting of 10 producer members, is hereby established. For each member of the committee there shall be an alternate who shall have the same qualifications as the member.

(b)

Each person selected as a committee member or alternate shall be an individual who is a producer, or an officer or an employee of a corporate producer, in the district for which selected and a resident of the production area.

Notes, amendments, and revision history

Amendments

[33 FR 8586, June 12, 1968, as amended at 85 FR 72916, Nov. 16, 2020]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[33 FR 8586, June 12, 1968, as amended at 85 FR 72916, Nov. 16, 2020]

§966.23. Term of office.

7 C.F.R. § 966.23

(a)

The term of office of committee members, and their respective alternates, shall be for 2 years and shall begin as of August 1 and end as of July 31.

(b)

Committee members and alternates shall serve during the term of office for which they are selected and have qualified, or during that portion thereof beginning on the date on which they qualify during such term of office and continuing until the end thereof, and until their successors are selected and have qualified.

Notes, amendments, and revision history

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 85 FR 72916, Nov. 16, 2020]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 85 FR 72916, Nov. 16, 2020]

§966.24. Districts.

7 C.F.R. § 966.24

For the purpose of determining the basis for selecting committee members the following districts of the production area are hereby initially established.

Notes, amendments, and revision history

Amendments

[33 FR 8586, June 12, 1968]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[33 FR 8586, June 12, 1968]

§966.25. Redistricting.

7 C.F.R. § 966.25

The committee may recommend, and pursuant thereto, the Secretary may approve, the reapportionment of members among districts, and the reestablishment of districts within the production area. In recommending any such changes, the committee shall give consideration to: (a) Shifts in tomato acreage within districts and within the production area during recent years; (b) the importance of new production in its relation to existing districts; (c) the equitable relationship of committee membership and districts; (d) economies to result for producers in promoting efficient administration due to redistricting or reapportionment of members within districts; and (e) other relevant factors. No change in districting or in apportionment of members within districts may become effective within less than 30 days prior to the date on which terms of office begin each year and no recommendations for such redistricting or reapportionment may be made less than six months prior to such date.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.26. Selection.

7 C.F.R. § 966.26

The Secretary shall select initially 3 members of the committee with their respective alternates, from each district.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.27. Nomination.

7 C.F.R. § 966.27

The Secretary may select the members of the committee and alternates from nominations which may be made in the following manner:

(a)

A meeting or meetings of producers shall be held in each district to nominate members and alternates for the committee. The committee shall hold such meetings or cause them to be held prior to June 15 of each year or by such other date as may be approved by the Secretary pursuant to recommendation of the committee.

(b)

At each such meeting at least one nominee shall be designated for each position as member and for each position as alternate on the committee.

(c)

Nominations for committee members and alternates shall be supplied to the Secretary in such manner and form as he may prescribe, not later than July 15 of each year, or by such other date as may be approved by the Secretary pursuant to recommendation of the committee.

(d)

Only producers may participate in designating nominees for members and alternates on the committee. In the event a person is engaged in producing tomatoes in more than one district, such person shall elect the district within which he may participate as aforesaid in designating nominees; and

(e)

Regardless of the number of districts in which a person produces tomatoes, each such person is entitled to cast only one vote on behalf of himself, his agents, subsidiaries, affiliates, and representatives in designating nominees for committee members and alternates. An eligible voter's privilege of casting only one vote as aforesaid shall be construed to permit a voter to cast one vote for each position to be filled in the respective district in which he elects to vote.

Notes, amendments, and revision history

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 33 FR 8586, June 12, 1968]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 33 FR 8586, June 12, 1968]

§966.28. Failure to nominate.

7 C.F.R. § 966.28

If nominations are not made within the time and in the manner specified in § 966.27, the Secretary may, without regard to nominations, select the committee members and alternates, which selection shall be on the basis of the representation provided for in §§ 966.24 through 966.26 inclusive.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.29. Acceptance.

7 C.F.R. § 966.29

Any person selected as a committee member or alternate shall qualify by filing a written acceptance with the Secretary within ten days after being notified of such selection.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.30. Vacancies.

7 C.F.R. § 966.30

To fill committee vacancies, the Secretary may select such members or alternates from unselected nominees on the current nominee list from the district involved, or from nominations made in the manner specified in § 966.27. If the names of nominees to fill any such vacancy are not made available to the Secretary within 30 days after such vacancy occurs, such vacancy may be filled without regard to nominations, which selection shall be made on the basis of the representation provided for in §§ 966.24 through 966.26 inclusive.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.31. Alternate members.

7 C.F.R. § 966.31

An alternate member of the committee shall act in the place and stead of the member for whom he is an alternate, during such member's absence. In the event of the death, removal, resignation, or disqualification of a member, his alternate shall act for him until a successor of such member is selected and has qualified.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.32. Procedure.

7 C.F.R. § 966.32

(a)

Six members of the committee shall be necessary to constitute a quorum and the same number of concurring votes shall be required to pass any motion or approve any committee action.

(b)

If both a member and respective alternate are unable to attend a committee meeting, the committee may designate any other alternate present from the same district to serve in place of the absent member.

(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.

Notes, amendments, and revision history

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 33 FR 8586, June 12, 1968; 51 FR 30474, Aug. 27, 1986; 85 FR 72916, Nov. 16, 2020; 85 FR 72916, Nov. 16, 2020]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 33 FR 8586, June 12, 1968; 51 FR 30474, Aug. 27, 1986; 85 FR 72916, Nov. 16, 2020; 85 FR 72916, Nov. 16, 2020]

§966.33. Expenses and compensation.

7 C.F.R. § 966.33

Committee members and alternates may be reimbursed for expenses necessarily incurred by them in the performance of duties and in the exercise of powers under this part.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.34. Powers.

7 C.F.R. § 966.34

The committee shall have the following powers:

(a)

To administer the provisions of this part in accordance with its terms;

(b)

To make rules and regulations to effectuate the terms and provisions of this part;

(c)

To receive, investigate, and report to the Secretary complaints of violation of the provisions of this part; and

(d)

To recommend to the Secretary amendments to this part.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.35. Duties.

7 C.F.R. § 966.35

It shall be, among other things, the duty of the committee:

(a)

At the beginning of each term of office, to meet and organize, to select a chairman and such other officers as may be necessary, to select subcommittees of committee members, and to adopt such rules and regulations for the conduct of its business as it may deem advisable;

(b)

To act as intermediary between the Secretary and any producer or handler;

(c)

To furnish to the Secretary such available information as he may request;

(d)

To appoint such employees, agents, and representatives as it may deem necessary and to determine the salaries and define the duties of each such person;

(e)

To investigate from time to time and to assemble data on the growing, harvesting, shipping, and marketing conditions with respect to tomatoes;

(f)

To prepare a marketing policy;

(g)

To recommend marketing regulations to the Secretary;

(h)

To recommend rules and procedures for, and to make determinations in connection with, issuance of certificates of privilege or exemptions, or both;

(i)

To investigate an applicant's claim for exemptions;

(j)

To keep minutes, books, and records which clearly reflect all of the acts and transactions of the committee and such minutes, books and records shall be subject to examination at any time by the Secretary or his authorized agent or representative. Minutes of each committee meeting shall be reported promptly to the Secretary;

(k)

At the beginning of each fiscal period, to prepare a budget of its expenses for such fiscal period, together with a report thereon;

(l)

To cause the books of the committee to be audited by a competent accountant at least once each fiscal period, and at such other time as the committee may deem necessary or as the Secretary may request. The report of such audit shall show the receipt and expenditure of funds collected pursuant to this part; a copy of each such report shall be furnished to the Secretary and a copy of each such report shall be made available at the principal office of the committee for inspection by producers and handlers; and

(m)

To consult, cooperate, and exchange information with other marketing agreement committees and other individuals or agencies in connection with all proper committee activities and objectives under this part.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.40. Expenses.

7 C.F.R. § 966.40

The committee is authorized to incur such expenses as the Secretary may find are reasonable and likely to be incurred during each fiscal period for its maintenance and functioning, and for such purposes as the Secretary, pursuant to this subpart, determines to be appropriate. Handlers shall share expenses upon the basis of a fiscal period. Each handler's share of such expense shall be proportionate to the ratio between the total quantity of tomatoes handled by him as the first handler thereof during a fiscal period and the total quantity of tomatoes handled by all handlers as first handlers thereof during such fiscal period.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.41. Budget.

7 C.F.R. § 966.41

At the beginning of each fiscal period and as may be necessary thereafter, the committee shall prepare an estimated budget of income and expenditures necessary for the administration of this part. The committee may recommend a rate of assessment calculated to provide adequate funds to defray its proposed expenditures. The committee shall present such budget to the Secretary with an accompanying report showing the basis for its calculations.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.42. Assessments.

7 C.F.R. § 966.42

(a)

The funds to cover the committee's expenses shall be acquired by the levying of assessments upon handlers as provided in this subpart. Each handler who first handles tomatoes shall pay assessments to the committee upon demand, which assessments shall be in payment of such handler's pro rata share of the committee's expenses.

(b)

Assessments shall be levied upon handlers at rates established by the Secretary. Such rates may be established upon the basis of the committee's recommendations and other available information. Such rates may be applied to specified containers used in the production area.

(c)

At any time during, or subsequent to, a given fiscal period the committee may recommend the approval of an amended budget and an increase in the rate of assessment. Upon the basis of such recommendations, or other available information, the Secretary may approve an amended budget and increase the rate of assessment. Such increase shall be applicable to all tomatoes which were regulated under this part and which were shipped by the first handler thereof during such fiscal period.

(d)

The payment of assessments for the maintenance and functioning of the committee may be required under this part throughout the period it is in effect irrespective whether particular provisions thereof are suspended or become inoperative.

(e)

In order to provide funds for the administration of the provisions of this part, the committee may accept the payment of assessments in advance, or may borrow money on a short-term basis not to exceed one full-year coinciding with the existing committee's term of office. The authority of the committee to borrow money may be used only to meet financial obligations as they occur and to allow the committee a season to adjust its reserve funds to meet any additional obligations.

Notes, amendments, and revision history

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 51 FR 30474, Aug. 27, 1986]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 51 FR 30474, Aug. 27, 1986]

§966.43. Accounting.

7 C.F.R. § 966.43

(a)

All funds received by the committee pursuant to the provisions of this subpart shall be used solely for the purposes specified in this part.

(b)

The Secretary may at any time require the committee, its members and alternates, employees, agents and all other persons to account for all receipts and disbursements, funds, property, or records for which they are responsible. Whenever any person ceases to be a member of the committee or alternate, he shall account to his successor, the committee, or to the person designated by the Secretary, for all receipts, disbursements, funds and property (including but not being limited to books and other records) pertaining to the committee's activities for which he is responsible, and shall execute such assignments and other instruments as may be necessary or appropriate to vest in such successor, committee, or designated person, the right to all of such property and funds and all claims vested in such person.

(c)

The committee may make recommendations to the Secretary for one or more of the members thereof, or any other person, to act as a trustee for holding records, funds, or any other committee property during periods of suspension of this subpart, or during any period or periods when regulations are not in effect and, if the Secretary determines such action appropriate, he may direct that such person or persons shall act as trustee or trustees for the committee.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.44. Excess funds.

7 C.F.R. § 966.44

(a)

If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following:

(1)

If such excess is not retained in a reserve, as provided in paragraph (a)(2) of this section, to the extent practical it shall be refunded proportionately to the persons from whom it was collected.

(2)

The committee, with the approval of the Secretary, may establish an operating monetary reserve and may carry over to subsequent fiscal periods excess funds in a reserve so established: Provided, That funds in the reserve shall not exceed approximately one fiscal period's expenses. Such reserve funds may be used (i) to defray any expenses authorized under this part, (ii) to defray expenses during any fiscal period prior to the time assessment income is sufficient to cover such expenses, (iii) to cover deficits incurred during any fiscal period when assessment income is less than expenses, (iv) to defray expenses incurred during any period when any or all provisions of this part are suspended or are inoperative, and (v) to cover necessary expenses of liquidation in the event of termination of this part. Upon such termination any funds not required to defray the necessary expenses of liquidation, and after reasonable effort by the committee it is found impracticable to return such remaining funds to handlers, such funds shall be disposed of in such manner as the Secretary may determine to be appropriate.

(b)

[Reserved]

Notes, amendments, and revision history

Amendments

[33 FR 8586, June 12, 1968]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[33 FR 8586, June 12, 1968]

§966.45. Contributions.

7 C.F.R. § 966.45

The committee may accept voluntary contributions but these shall only be used for production research, market research and development and marketing and promotion including paid advertising pursuant to § 966.48. Furthermore, such contributions shall be free from any encumbrances by the donor and the committee shall retain complete control of their use. The committee is prohibited from accepting contributions from handlers subject to the order, or any person whose contributions would constitute a conflict of interest.

Notes, amendments, and revision history

Amendments

[51 FR 30474, Aug. 27, 1986]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[51 FR 30474, Aug. 27, 1986]

§966.48. Research and promotion.

7 C.F.R. § 966.48

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 tomatoes. The expenses of such projects shall be paid by funds collected pursuant to §§ 966.42 and 966.45. 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.

Notes, amendments, and revision history

Amendments

[51 FR 30474, Aug. 27, 1986]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[51 FR 30474, Aug. 27, 1986]

§966.50. Marketing policy.

7 C.F.R. § 966.50

Prior to or at the same time as initial recommendations are made pursuant to § 966.51, the committee shall submit to the Secretary a report setting forth the marketing policy it deems desirable for the industry to follow in shipping tomatoes from the production area during the ensuring season. Additional reports shall be submitted from time to time if it is deemed advisable by the committee to adopt a new or modified marketing policy because of changes in the demand and supply situation with respect to tomatoes. The committee shall publicly announce the submission of each such marketing policy report and copies thereof shall be available at the committee's office for inspection by any producer or any handler. In determining each such marketing policy the committee shall give due consideration to the following:

(a)

Market prices of tomatoes, including prices by grades, sizes, and quality in different packs, and such prices by foreign competing areas;

(b)

Supply of tomatoes, by grade, size, and quality in the production area, and in other production areas, including foreign competing production areas;

(c)

Trend and level of consumer income;

(d)

Marketing conditions affecting tomato prices; and

(e)

Other relevant factors.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.51. Recommendations for regulations.

7 C.F.R. § 966.51

The committee, upon complying with the requirements of § 966.50, may recommend regulations to the Secretary whenever it finds that such regulations, as are provided for in this subpart, will tend to effectuate the declared policies of the act.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.52. Issuance of regulations.

7 C.F.R. § 966.52

The Secretary shall limit the handling of tomatoes whenever he finds from the recommendation and information submitted by the Committee, or from other available information, that such regulation would tend to effectuate the declared policy of the act. Such regulation may:

(a)

Limit, in any or all portions of the production area, the handling of particular grades, sizes, qualities (including maturity as a factor of grade or quality), or packs of any or all varieties of tomatoes, during any period; or

(b)

Limit the handling of particular grades, sizes, qualities, or packs of tomatoes differently, from different varieties, for different stages of maturity, for different portions of the production area, for different containers, for different markets, for different purposes specified in § 966.54, or any combination of the foregoing, during any period; or

(c)

Limit the handling of tomatoes by establishing, in terms of grades, sizes, or both, minimum standards of quality and maturity; or

(d)

Fix the size, weight, capacity, dimensions, markings (including labels and stamps), or pack of the container or containers which may be used in the packaging, transportation, sale, shipment, or other handling of tomatoes.

Notes, amendments, and revision history

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 33 FR 8586, June 12, 1968; 34 FR 19186, Dec. 4, 1969]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[20 FR 7357, Oct. 4, 1955. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 33 FR 8586, June 12, 1968; 34 FR 19186, Dec. 4, 1969]

§966.53. Minimum quantities.

7 C.F.R. § 966.53

The committee, with the approval of the Secretary, may establish, for any or all portions of the production area, minimum quantities below which handling will be free from regulations issued or effective pursuant to §§ 966.42, 966.52, 966.54, 966.60, or any combination thereof.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.54. Shipments for special purposes.

7 C.F.R. § 966.54

Upon the basis of recommendations and information submitted by the committee, or other available information, the Secretary, whenever he finds that it will tend to effectuate the declared policy of the act, shall modify, suspend, or terminate regulations issued pursuant to §§ 966.42, 966.52, 966.53, 966.60, or any combination thereof, in order to facilitate handling of tomatoes for the following purposes:

(a)

For export;

(b)

For relief or for charity;

(c)

For processing; or

(d)

For other purposes which may be specified by the committee, with the approval of the Secretary.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.55. Notification of regulation.

7 C.F.R. § 966.55

The Secretary shall notify the committee of any regulations issued or of any modification, suspension, or termination thereof. The committee shall give reasonable notice thereof to handlers.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.56. Safeguards.

7 C.F.R. § 966.56

(a)

The committee, with the approval of the Secretary, may prescribe adequate safeguards to prevent handling of tomatoes pursuant to § 966.53 or § 966.54 from entering channels of trade for other than the specific purpose authorized therefor, and rules governing the issuance and the contents of Certificates of Privilege if such certificates are prescribed as safeguards by the committee. Such safeguards may include requirements that:

(1)

Handlers shall file applications with the committee to ship tomatoes pursuant to §§ 966.53 and 966.54; or

(2)

Handlers shall obtain inspection provided by § 966.60, or pay the assessment levied pursuant to § 966.42, or both, in connection with shipments made under § 966.54; or

(3)

Handlers shall obtain Certificates of Privilege from the committee to handle tomatoes effected or to be effected under the provisions of §§ 966.53 and 966.54.

(b)

The committee may rescind or deny Certificates of Privilege to any handler if proof is obtained that tomatoes handled by him for the purposes stated in §§ 966.53 and 966.54 were handled contrary to the provisions of this part.

(c)

The Secretary shall have the right to modify, change, alter, or rescind any safeguards prescribed and any certificates issued by the committee pursuant to the provisions of this section.

(d)

The committee shall make reports to the Secretary, as requested, showing the number of applications for such certificates, the quantity of tomatoes covered by such applications, the number of such applications denied and certificates granted, the quantity of tomatoes handled under duly issued certificates, and such other information as may be requested.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.60. Inspection and certification.

7 C.F.R. § 966.60

(a)

During any period in which the handling of tomatoes is regulated pursuant to this subpart no handler shall handle tomatoes unless such tomatoes have been inspected and certified as meeting the requirements of this subpart by an authorized representative of the Federal or Federal-State Inspection Service, or such other inspection service as the Secretary shall designate, and such tomatoes are covered by a valid inspection certificate except when relieved from such requirements pursuant to § 966.53 or § 966.54 or both.

(b)

Insofar as the requirements of this section are concerned, the length of time for which an inspection certificate is valid may be established by the Secretary upon the recommendation of the committee.

(c)

When tomatoes are inspected in accordance with the requirements of this section a copy of each inspection certificate issued shall be made available to the committee by the inspection service.

Notes, amendments, and revision history

Amendments

[34 FR 19186, Dec. 4, 1969]

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

Amendments

[34 FR 19186, Dec. 4, 1969]

§966.70. Procedure.

7 C.F.R. § 966.70

The committee may adopt, with approval of the Secretary, the procedures pursuant to which certificates of exemption will be issued to producers or handlers.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.71. Granting exemptions.

7 C.F.R. § 966.71

The committee shall issue certificates of exemption to any producer who applies for such exemption and furnishes adequate evidence to the committee, that by reason of a regulation issued pursuant to § 966.52 he will be prevented from handling as large a proportion of his production as the average proportion of production handled during the entire season, or such portion thereof as may be determined by the committee, by all producers in said applicant's immediate production area and that the grade, size, or quality of the applicant's tomatoes have been adversely affected by acts beyond the applicant's control and by acts beyond reasonable expectation. Each certificate shall permit the producer to handle the amount of tomatoes specified thereon. Such certificate shall be transferred with such tomatoes at time of transportation or sale.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.72. Investigation.

7 C.F.R. § 966.72

The committee shall be permitted at any time to make a thorough investigation of any producer's or handler's claim pertaining to exemptions.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.73. Appeal.

7 C.F.R. § 966.73

If any applicant for exemption certificates is dissatisfied with the determination by the committee with respect to his application, said applicant may file an appeal with the committee. Such an appeal must be taken promptly after the determination by the committee from which the appeal is taken. Any applicant filing an appeal shall furnish evidence satisfactory to the committee for a determination on the appeal. The committee shall thereupon reconsider the application, examine all available evidence, and make a final determination concerning the application. The committee shall notify the appellant of the final determination, and shall furnish the Secretary with a copy of the appeal and a statement of considerations involved in making the final determination.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.74. Records.

7 C.F.R. § 966.74

(a)

The committee shall maintain a record of all applications submitted for exemption certificates, a record of all exemption certificates issued and denied, the quantity of tomatoes covered by such exemption certificates, a record of the amount of tomatoes handled under exemption certificates, a record of appeals for reconsideration of applications, and such information as may be requested by the Secretary. Periodic reports on such records shall be compiled and issued by the committee upon request of the Secretary.

(b)

The Secretary shall have the right, to modify, change, alter, or rescind any procedure and any exemptions granted pursuant to §§ 966.70, 966.71, 966.72, 966.73, or any combination thereof.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.80. Reports.

7 C.F.R. § 966.80

Upon request of the committee, made with approval of the Secretary, each handler shall furnish to the committee, in such manner and at such time as it may prescribe, such reports and other information as may be necessary for the committee to perform its duties under this part.

(a)

Such reports may include, but are not necessarily limited to, the following: (1) The quantities of tomatoes received by a handler; (2) the quantities disposed of by him, segregated as to the respective quantities subject to regulation and not subject to regulation; (3) the date of each such disposition and the identification of the carrier transporting such tomatoes; and (4) identification of the inspection certificates and the exemption certificates, if any, pursuant to which the tomatoes were handled, together with the destination of each exempted disposition, and of all tomatoes handled pursuant to §§ 966.53 and 966.54.

(b)

All such reports shall be held under appropriate protective classification and custody by the committee, or duly appointed employees thereof, so that the information contained therein which may adversely affect the competitive position of any handler in relation to other handlers will not be disclosed. Compilations of general reports from data submitted by handlers is authorized, subject to prohibition of disclosure of individual handlers identities or operations.

(c)

Each handler shall maintain for at least two succeeding years such records of the tomatoes received and disposed of by such handler as may be necessary to verify the reports he submits to the committee pursuant to this section.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.81. Compliance.

7 C.F.R. § 966.81

Except as provided in this subpart, no handler shall handle tomatoes, the handling of which has been prohibited by the Secretary in accordance with provisions of this subpart, and no handler shall handle tomatoes except in conformity to the provisions of this subpart.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.82. Right of the Secretary.

7 C.F.R. § 966.82

The members of the committee (including successors and alternates), and any agent or employee appointed or employed by the committee, shall be subject to removal or suspension by the Secretary at any time. Each and every order, regulation, decision, determination or other act of the committee shall be subject to the continuing right of the Secretary to disapprove of the same at any time. Upon such disapproval, the disapproved action of the said committee shall be deemed null and void, except as to acts done in reliance thereon or in compliance therewith prior to such disapproval by the Secretary.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.83. Effective time.

7 C.F.R. § 966.83

The provisions of this subpart, or any amendment thereto, shall become effective at such time as the Secretary may declare and shall continue in force until terminated in one of the ways specified in this subpart.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.84. Termination.

7 C.F.R. § 966.84

(a)

The Secretary may, at any time, terminate the provisions of this subpart by giving at least one day's notice by means of a press release or in any other manner which he may determine.

(b)

The Secretary may terminate or suspend the operations of any or all of the provisions of this subpart whenever he finds that such provisions do not tend to effectuate the declared policy of the act.

(c)

The Secretary shall terminate the provisions of this subpart at the end of any fiscal period whenever he finds that such termination is favored by a majority of producers, who during a representative period, have been engaged in the production for market of tomatoes: Provided, That such majority has, during such representative period, produced for market more than fifty percent of the volume of such tomatoes produced for market.

(d)

The provisions of this subpart shall, in any event, terminate whenever the provisions of the act authorizing them cease to be in effect.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.85. Proceedings after termination.

7 C.F.R. § 966.85

(a)

Upon the termination of the provisions of this subpart the then functioning members of the committee shall continue as joint trustees for the purpose of liquidating the affairs of the committee of all the funds and property then in the possession of or under control of the committee, including claims for any funds unpaid or property not delivered at the time of such termination. Action by said trusteeship shall require the concurrence of a majority of the said trustees.

(b)

The said trustees shall continue in such capacity until discharged by the Secretary; shall, from time to time, account for all receipts and disbursements and deliver all property on hand, together with all books and records of the committee and of the trustees, to such person as the Secretary may direct; and shall, upon request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person full title and right to all of the funds, property and claims vested in the committee or the trustees pursuant to this subpart.

(c)

Any person to whom funds, property, or claims have been transferred or delivered by the committee or its members pursuant to this section, shall be subject to the same obligations imposed upon the members of the committee and upon the said trustees.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.86. Effect of termination or amendment.

7 C.F.R. § 966.86

Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart, or the issuance of any amendments to either thereof, shall not (a) affect or waive any right, duty, obligation, or liability which shall have arisen or which may thereafter arise in connection with any provision of this subpart or any regulation issued under this subpart, or (b) release or extinguish any violation of this subpart or of any regulations issued under this subpart, or (c) affect or impair any rights or remedies of the Secretary or of any other person with respect to any such violations.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.87. Duration of immunities.

7 C.F.R. § 966.87

The benefits, privileges, and immunities conferred upon any person by virtue of this subpart shall cease upon the termination of this subpart, except with respect to acts done under and during the existence of this subpart.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.88. Agents.

7 C.F.R. § 966.88

The Secretary may, by designation in writing, name any person, including any officer or employee of the United States, or name any agency in the United States Department of Agriculture, to act as his agent or representative in connection with any of the provisions of this subpart.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.89. Derogation.

7 C.F.R. § 966.89

Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the act or otherwise, or, in accordance with such powers, to act in the premises whenever such action is deemed advisable.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.90. Personal liability.

7 C.F.R. § 966.90

No member or alternate of the committee nor any employee or agent thereof, shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any handler or to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member, alternate, agent, or employee except for acts of dishonesty, willful misconduct, or gross negligence.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.91. Separability.

7 C.F.R. § 966.91

If any provision of this subpart is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder of this subpart, or the applicability thereof to any other person, circumstance, or thing, shall not be affected thereby.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.

§966.92. Amendments.

7 C.F.R. § 966.92

Amendments to this subpart may be proposed, from time to time, by the committee or by the Secretary.

Notes, amendments, and revision history

Authority

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

Source

Source: 20 FR 7357, Oct. 4, 1955, unless otherwise noted. Redesignated at 26 FR 12751, Dec. 30, 1961.