C.F.R. » Title 7 » CHAPTER IX—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE › PART 981—ALMONDS GROWN IN CALIFORNIA › Subpart A—Order Regulating Handling

7 C.F.R. § 981.50

Reserve obligation

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Whenever salable and reserve percentages are in effect for a crop year, each handler shall 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 during the crop year: Provided, That, any quantity of almonds delivered to outlets such as poultry or animal feed or crushing into oil, in a manner permitting accountability to the Board, shall not be included in such receipts. The quantity of almonds hereby required to be withheld from handling shall constitute, and may be referred to as the “reserve” or “reserve obligation” of a handler. The almonds handled as salable almonds by any handler, in accordance with the provisions of this part, shall be deemed to be that handler's quota fixed by the Secretary within the meaning of section 8a(5) of the act.

[41 FR 26853, June 30, 1976]
Notes of Decisions
Cited in 4 cases, 1991–2000 · leading case: Vito Balice, Individually & as the Agent of O. R. C. Co. v. U.S. Dep't of Agric., Opinion, 203 F.3d 684 (9th Cir. 2000).
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Vito Balice, Individually & as the Agent of O. R. C. Co. v. U.S. Dep't of Agric., Opinion, 203 F.3d 684 (9th Cir. 2000). “7 C.F.R. § 981.50 (1987). 9 . The Secretary explained the possible disposition of reserve almonds for the 1987-1988 crop year: Reserve almonds could be transferred to the salable category at a later date if it is found that the salable percentage is insufficient to satisfy…”
Cal-Almond, Inc. v. United States Dep't of Agric., 14 F.3d 429 (9th Cir. 1993). · cites it 2× “7 C.F.R. § 981.50 (1993). The Secretary designates the final percentage based on the Board’s recommendation and “any other available information.”
Cal-Almond, Inc. v. United States, 30 Fed. Cl. 244 (Fed. Cl. 1994). “7 C.F.R. § 981.50 . To satisfy this obligation, a handler may either (i) deliver the required percentage to the Almond Board for sale into non-competitive channels, with the net proceeds of the sale being remitted to the handler, 7 C.”
Cal-Almond, Inc. v. Yeutter, 756 F. Supp. 1351 (E.D. Cal. 1991). “” 7 C.F.R. § 981.50 . The final rule dictating the reserve amount is not published until some of the crop in question has been received by the handlers.”
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