7 C.F.R. §§ 987.61–987.72

§987.61. Reports of handler carryover.

7 C.F.R. § 987.61

Each handler shall file each year with the Committee written reports of his carryover of dates as of March 1, October 1, and at such other times as the Committee may prescribe: Provided, That during those seasons when volume regulations are established by the Secretary, the handler shall file an additional report on his January 1 carryover. Such reports shall be filed within 10 days of the date of the carryover. These reporting dates specified may be changed, upon recommendation of the Committee, together with substantiation of the need therefore, with the approval of the Secretary.

Notes, amendments, and revision history

Amendments

[43 FR 4253, Feb. 1, 1978]

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

Amendments

[43 FR 4253, Feb. 1, 1978]

§987.62. Reports of dates shipped.

7 C.F.R. § 987.62

Each handler who ships dates during a crop year shall submit to the Committee, in such form and at such intervals as the Committee may prescribe, reports showing the net weight of dates shipped by him and such other information pertinent thereto as the Committee may specify.

Notes, amendments, and revision history

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

§987.63. Reports on restricted dates withheld.

7 C.F.R. § 987.63

Each handler from time to time, on demand of the Committee, shall file with it a report of the restricted dates withheld by him in satisfaction of his withholding obligation. Such reports shall show such information as the Committee may require and may be in such form as the Committee may prescribe.

Notes, amendments, and revision history

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

§987.64. Reports on disposition of restricted, other marketable, utility, and cull dates.

7 C.F.R. § 987.64

Each handler disposing of any dates pursuant to §§ 987.55 and 987.56 shall promptly thereafter report such disposition to the Committee in such form as the Committee may prescribe.

Notes, amendments, and revision history

Amendments

[43 FR 4253, Feb. 1, 1978]

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

Amendments

[43 FR 4253, Feb. 1, 1978]

§987.65. Other reports.

7 C.F.R. § 987.65

Upon request of the Committee each handler shall furnish to it in such manner and at such times as it prescribes, such other information as will enable the Committee to perform its duties and exercise its powers hereunder.

Notes, amendments, and revision history

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

§987.66. Certification of reports.

7 C.F.R. § 987.66

All reports submitted to the Committee as required in this part shall be certified to the United States Department of Agriculture and to the Committee as to the completeness and correctness of the information therein.

Notes, amendments, and revision history

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

§987.67. Confidential information.

7 C.F.R. § 987.67

All data or other information constituting a trade secret or disclosing a trade position or business condition shall be received by, and kept in the custody of, one or more designated employees of the Committee and information which would reveal the circumstances of a single handler shall be disclosed to no person other than the Secretary.

Notes, amendments, and revision history

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

§987.68. Verification of reports and records.

7 C.F.R. § 987.68

For the purpose of checking compliance with record keeping requirements and verifying reports filed by handlers, the Secretary and the Committee, through its duly authorized employees, shall have access to any premises where dates are held and, at any time during reasonable business hours, shall be permitted to examine any dates held and any and all records with respect to matters within the purview of this part. Handlers shall furnish labor necessary to facilitate such examinations at no expense to the Committee. All handlers shall maintain complete records establish and which accurately show the quantity of dates handled, disposed of, and withheld. The Committee, with the approval of the Secretary, may establish the type of records to be maintained. Such records shall be retained by handlers for not less than two years subsequent to the termination of each crop year.

Notes, amendments, and revision history

Amendments

[27 FR 6818, July 19, 1962, as amended at 36 FR 15039, Aug. 12, 1971; 43 FR 4253, Feb. 1, 1978]

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

Amendments

[27 FR 6818, July 19, 1962, as amended at 36 FR 15039, Aug. 12, 1971; 43 FR 4253, Feb. 1, 1978]

§987.71. Expenses.

7 C.F.R. § 987.71

The Committee is authorized to incur such expenses, including maintenance of an operating reserve fund, as the Secretary may find are reasonable and are likely to be incurred by it during each crop year for the maintenance and functioning of the Committee and for such other purposes as he determines to be appropriate. The recommendation of the Committee as to total expenses and allocation thereof for each crop year, together with all data supporting such recommendation, shall be submitted to the Secretary within a reasonable time after the marketing policy for each crop year is recommended.

Notes, amendments, and revision history

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

§987.72. Assessments.

7 C.F.R. § 987.72

(a)

Requirement for payment. Each handler shall pay to the Committee upon demand, on all dates he has certified as meeting the requirements for marketable dates and utility dates utilized in product outlets including the eligible portion of any field-run dates certified and set aside or disposed of pursuant to § 987.45(f), his pro rata share of all expenses which the Secretary finds are reasonable and likely to be incurred by the Committee during each crop year. Should the condition arise wherein the utility portion of dates handled in certain other outlets should not be, in the opinion of the Committee, subject to the payment of assessments on that portion, the Committee may recommend and the Secretary approve by rulemaking, such exclusion. Each handler's pro rata share shall be the rate of assessment per hundredweight fixed by the Secretary. At any time during or after a crop year the Secretary may increase such assessment rate to secure sufficient funds to cover unanticipated expenses or a deficit in assessable poundage. Any such increase shall apply to all assessable poundage of the crop year. The Committee may accept payments of assessments in advance and may borrow money in any amount not to exceed 10 percent of the estimated expenses set forth in its budget for the then crop year. The assessment weight of pitted dates shall be determined by dividing the weight of such dates by a divisor established by the Committee with the approval of the Secretary.

(b)

Delinquent payments. Any assessment not paid by a handler within a period of time prescribed by the Committee may be subject to an interest or late payment charge, or both. The period of time, rate of interest, and late payment charge shall be as recommended by the Committee and approved by the Secretary.

(c)

Surplus expenses. The Committee is authorized to use temporarily funds derived from assessments collected pursuant to paragraph (a) of this section to defray expenses incurred in disposing of surplus dates. All such expenses shall be deducted from the proceeds obtained by the Committee from such disposal.

(d)

Operating reserve. The Committee, with the approval of the Secretary, may establish and maintain during one or more crop years an operating monetary reserve in an amount not to exceed the average of one year's expenses incurred during the most recent five preceding crop years, except that an established reserve need not be reduced to conform to any recomputed average. Funds in reserve shall be available for use by the Committee for expenses authorized pursuant to § 987.71.

(e)

Refunds. Funds held by the Committee at the conclusion of the crop year in excess of the crop year's expenses, including reserve requirements, may be used to defray expenses for no more than the ensuing four months, and thereafter within a reasonable time the Committee shall credit, or upon demand, refund the aforesaid excess to handlers who contributed to such excess: Provided, That the excess due any handler may be applied, in whole or in part, by the Committee to any outstanding obligation due the Committee from such handler. A handler's share of the excess funds shall be the amount of assessments he paid in excess of his actual pro rata share of the expenses, including reserve requirements, of the Committee for the preceding crop year. Upon termination of this subpart any money in possession of the Committee shall be distributed in such manner as the Secretary may direct: Provided, That, to the extent practicable, such funds shall be returned pro rata to the persons from whom such funds were collected.

Notes, amendments, and revision history

Amendments

[27 FR 6818, July 19, 1962, as amended at 29 FR 9707, July 18, 1964; 43 FR 4253, Feb. 1, 1978; 77 FR 37765, June 25, 2012]

Source

Source: 27 FR 6818, July 19, 1962, unless otherwise noted.

Authority

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

Amendments

[27 FR 6818, July 19, 1962, as amended at 29 FR 9707, July 18, 1964; 43 FR 4253, Feb. 1, 1978; 77 FR 37765, June 25, 2012]