To aid the Secretary in fixing the salable and reserve percentages, the Board shall furnish to the Secretary, not later than September 1, the following estimates (kernel weight basis) and recommendations for the crop year, each of which, or any later revisions thereof, shall be adopted by the affirmative vote of at least six members:
(a) The quantity of marketable almonds to be produced;
(b) The estimated handler carryover and the estimated reserve inventory as of July 31;
(c) The desirable handler carryover and the probable reserve inventory at the end of the crop year;
(d) The trade demand, taking into consideration anticipated imports, economic conditions and the anticipated market price (within the limitations of the act); and
(e) The recommended salable and reserve percentages to be established.
The Board shall also furnish to the Secretary a complete report of the proceedings of the Board meeting at which the recommended salable and reserve percentages were considered. If, for any reason, the Board fails to make these estimates or to recommend to the Secretary salable and reserve percentages as required hereby, reports representing the views of members with respect to such matters may be submitted to the Secretary who may act on the basis of such reports or other information available to him.
[35 FR 11372, July 16, 1970, as amended at 41 FR 26853, June 30, 1976; 61 FR 32921, June 26, 1996; 89 FR 37968, May 7, 2024]
Notes of Decisions
Cal-Almond, Inc. v. Yeutter, 756 F. Supp. 1351 (E.D. Cal. 1991).
“7 C.F.R. § 981.49 . If the Secretary approves the recommendation, the Order requires each handler to “withhold from handling a quantity of almonds having a kernel weight equal to the reserve percentage of the kernel weight of all almonds such handler receives for his own account…”
Cal-Almond, Inc. v. United States Dep't of Agric., 14 F.3d 429 (9th Cir. 1993).
“7 C.F.R. § 981.49 (1993). Handlers may only sell the salable percentage of almonds they receive; they must withhold from marketing an amount equal to the reserve percentage.”
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