C.F.R. » Title 7 » CHAPTER IX—AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND ORDERS; FRUITS, VEGETABLES, NUTS), DEPARTMENT OF AGRICULTURE › PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA › Subpart A—Order Regulating Handling

7 C.F.R. § 989.35

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The Committee shall have the following powers:

(a) To administer the terms and provisions of this part;

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

(c) To recommend to the Secretary amendments to this part; and

(d) To receive, investigate, and report to the Secretary complaints of violations of this part.

[41 FR 32412, Aug. 3, 1976, as amended at 48 FR 32975, July 20, 1983]
Notes of Decisions
Cited in 5 cases, 1999–2012 · leading case: Lion Raisins, Inc. v. United States, 416 F.3d 1356 (Fed. Cir. 2005).
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Lion Raisins, Inc. v. United States, 416 F.3d 1356 (Fed. Cir. 2005). “The statute authorizes the Secretary to delegate the responsibility of implementing marketing orders to marketing committees and to empower those committees to issue rules and regulations.”
Evans v. United States, 74 Fed. Cl. 554 (Fed. Cl. 2006). “§ 608c(7)(C); see 7 C.F.R. § 989.35 (2006). 3 The raisin marketing order, originally issued in 1949, Handling of Raisins Produced from Raisin Variety Grapes Grown in California, 14 Fed.”
Horne v. United States Dep't of Agric., 673 F.3d 1071 (9th Cir. 2012). · cites it 2× “§ 608c(7)(C); see 7 C.F.R. § 989.35 (2006). Marketing orders under the AMAA apply only to “handlers,” i.”
Midway Farms, a California Corp. v. United States Dep't of Agric., 188 F.3d 1136 (9th Cir. 1999). “A review of the Secretary’s own regulations reveals that the Committee has the power to “administer the terms and provisions of [the Raisin Marketing Order],” 7 C.F.R. § 989.35 (a). The authority to “administer” the Raisin Marketing Order is essentially the power to apply the…”
Marvin Horne v. Agri (9th Cir. 2011). · cites it 2× “§ 608c(7)(C); see 7 C.F.R. § 989.35 (2006). Marketing orders under the AMAA 2 According to the specific promulgation procedures mandated by the AMAA, the Secretary may only issue a marketing order if, after providing notice and opportunity for hearing, he finds that “the…”
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