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. § 989.53

Research and development

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(a) General. The Committee, with the approval of the Secretary, may establish or provide for the establishment of projects involving production research, market research and development, marketing promotion including paid advertising, designed to assist, improve, or promote the production, marketing, distribution, and consumption of raisins in domestic and foreign markets. These projects may include, but need not be limited to those designed to:

(1) Improve through research the accuracy of raisin production estimates;

(2) Improve through research the preparation for market, sanitation, quality, condition, storability, processing, or packaging of raisins;

(3) Ascertain through research the factors affecting acceptance of raisins by manufacturers or consumers;

(4) Promote the marketing, distribution, or consumption of raisins in domestic and foreign markets by collecting data thereon, consulting with members of the trade, and making the information available to producers, handlers, and exporters; and

(5) Promote the marketing, distribution, or consumption of raisins in foreign markets through the use of merchandising programs.

(b) Creditable expenditures. The Committee, with the approval of the Secretary, may provide for crediting all or any portion of a handler's direct expenditures for marketing promotion, including paid advertising, that promotes the sale of raisins, raisin products, or their use. No handler shall receive credit for any allowable direct expenditures that would exceed the total of his assessment obligation which is attributable to that portion of his assessment designated for marketing promotion including paid advertising.

(c) Criteria. Before any project involving marketing promotion, including paid advertising, and the

crediting of the handler's pro rata expense assessment obligation of handlers is undertaken pursuant to this section, the Secretary after recommendation by the Committee, shall approve appropriate criteria to effectively regulate such activity. [48 FR 32976, July 20, 1983, as amended at 83 FR 53969, Oct. 26, 2018]
Notes of Decisions
Cited in 9 cases, 1988–2016 · leading case: Evans v. United States, 74 Fed. Cl. 554 (Fed. Cl. 2006).
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Evans v. United States, 74 Fed. Cl. 554 (Fed. Cl. 2006). “See 7 C.F.R. §§ 989.53 , 989.79, 989.80(a), 989.”
Horne v. United States Dep't of Agric., 673 F.3d 1071 (9th Cir. 2012). “See 7 C.F.R. §§ 989.53 , 989.79, 989.80(a), 989.”
Newark Gardens, Inc. v. Michigan Potato Indus. Comm'n, 847 F.2d 1201 (6th Cir. 1988). “See 7 C.F.R. § 989.53 (4). Similar programs exist for avocados grown in South Florida, 7 C.”
Lion Farms, LLC v. United States, 129 Fed. Cl. 336 (Fed. Cl. 2016). “7 C.F.R. §§ 989.53 (a), 989.66(h). On June 22, 2015, the Supreme Court held in Horne v.”
Ciapessoni v. United States, 129 Fed. Cl. 332 (Fed. Cl. 2016). “7 C.F.R. §§ 989.53 (a), 989.66(h). Plaintiffs allege that, in each of the 2002-03, 2003-04, 2005-06, 2006-07, 2007-08, 2008-09, and 2009-10 crop years, plaintiffs were only paid for their free tonnage raisins.”
Boyajian v. United States, 129 Fed. Cl. 336 (Fed. Cl. 2016). “7 C.F.R. §§ 989.53 (a), 989.66(h). On June 22, 2015, the Supreme Court held in Horne v.”
Lion Farms, LLC v. United States, 129 Fed. Cl. 521 (Fed. Cl. 2016). “7 C.F.R. §§ 989.53 (a), 989.66(h). On June 22, 2015, the Supreme Court held in Horne v.”
Boyajian v. United States, 129 Fed. Cl. 521 (Fed. Cl. 2016). “7 C.F.R. §§ 989.53 (a), 989.66(h). On June 22, 2015, the Supreme Court held in Horne v.”
Marvin Horne v. Agri (9th Cir. 2011). “See 7 C.F.R. §§ 989.53 , 989.79, 989.80(a), 989.”
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