(a) Marketing policy. Each crop year, the Committee shall prepare and submit to the Secretary a report setting forth its recommended marketing policy, including quality regulations for the pending crop. In developing the marketing policy, the Committee may give consideration to the production, harvesting, processing, and storage conditions of that crop, as well as the following factors:
(1) The estimated tonnage held by producers and handlers at the beginning of the crop year;
(2) The expected general quality and any modifications of the minimum grade standards;
(3) The estimated tonnage of standard and off-grade raisins which will be produced;
(4) An estimated desirable carryout at the end of the crop year;
(5) The estimated market demand for raisins, considering the estimated world raisin supply and demand situation;
(6) Current prices being received and the probable general level of prices to be received for raisins by producers and handlers;
(7) The trend and level of consumer income;
(8) Any prohibition of trade practices, pursuant to § 989.62 intended for the crop year; and
(9) Any other pertinent factors bearing on the marketing of raisins including the estimated supply of and demand for other varietal types and regulations applicable thereto.
(b) Modification. In the event the Committee subsequently deems it advisable to modify its marketing policy on any crop, because of national emergency, crop failure, or other major change in economic conditions, it shall hold a meeting for that purpose, and file a report thereof with the Secretary within 5 days (exclusive of Saturdays, Sundays, and holidays) after the holding of such meeting, which report shall show such modification and the basis therefor.
(c) Publicity. The Committee shall promptly give reasonable publicity to producers, dehydrators, handlers, and the cooperative bargaining association(s) of each meeting to consider a marketing policy or any modification thereof, and each such meeting shall be open to them. Similar publicity shall be given to producers, dehydrators, handlers, and the cooperative bargaining association(s) of each marketing policy report or modification thereof, filed with the Secretary and of the Secretary's action thereon. Copies of all marketing policy reports shall be maintained in the office of the Committee, where they shall be made available for examination by any producer, dehydrator, handler, or cooperative bargaining association representative. The Committee shall notify handlers, dehydrators and the cooperative bargaining association(s), and give reasonable publicity to producers of its computation.
[48 FR 32976, July 20, 1983, as amended at 50 FR 1831, Jan. 14, 1985; 54 FR 24670, June 9, 1989; 83 FR 53969, Oct. 26, 2018]
Notes of Decisions
Evans v. United States, 74 Fed. Cl. 554 (Fed. Cl. 2006).
· cites it 4× “See 7 C.F.R. §§ 989.54 (d), 989.65. Based on the RAC’s recommendations and after obtaining the approval of two-thirds of the raisin producers 5 or of producers of two-thirds of the raisins “produced for market,” the Secretary promulgates a regulation fixing the percentages of…”
Horne v. Dep't of Agric., 133 S. Ct. 2053 (2013).
“§ 608c(6)(E) ; 7 CFR §§ 989.54 (d) and 989.65. Each year, the RAC reviews crop yield, inventories, and shipments and makes recommendations to the Secretary whether or not there should be a reserve pool.”
Horne v. United States Dep't of Agric., 673 F.3d 1071 (9th Cir. 2012).
“§ 608c(6)(E); 7 C.F.R. §§ 989.54 (d), 989.65. By February 15 of each year, the Raisin Administrative Committee (“RAC”)—an industry committee charged with administration of the Raisin Marketing Order, 9 see 7 C.”
Lion Farms, LLC v. United States, 129 Fed. Cl. 336 (Fed. Cl. 2016).
“” 7 C.F.R. § 989.54 (a). After the review, the Committee typically recommends a reserve pool, at which point the USDA usually implements the reserve by issuance of a final rule, which determines the percentage of each farmer’s crop that will be “free tonnage” and the percentage…”
Ciapessoni v. United States, 129 Fed. Cl. 332 (Fed. Cl. 2016).
“the percentage of each farmer’s crop that will be “free tonnage” and the percentage that will be “reserve tonnage.”
Boyajian v. United States, 129 Fed. Cl. 336 (Fed. Cl. 2016).
“After the review, the Committee typically recommends a reserve pool, at which point the USDA usually implements the reserve by issuance of a final rule, which determines the percentage of each farmer’s crop that will be “free tonnage” and the percentage that will be “reserve…”
Lion Farms, LLC v. United States, 129 Fed. Cl. 521 (Fed. Cl. 2016).
“” 7 C.F.R. § 989.54 (a). After the review, the Committee typically recommends a reserve pool, at which point the USDA usually implements the reserve by issuance of a final rule, which determines the percentage of each fanner’s crop that will be “free tonnage” and the percentage…”
Boyajian v. United States, 129 Fed. Cl. 521 (Fed. Cl. 2016).
“After the review, the Committee typically recommends a reserve pool, at which point the USDA usually implements the reserve by issuance of a final rule, which determines the percentage of each farmer’s crop that will be “free tonnage” and the percentage that will be “reserve…”
Marvin Horne v. Agri (9th Cir. 2011).
“§ 608c(6)(E); 7 C.F.R. §§ 989.54 (d), 989.65. By February 15 of each year, the Raisin Administrative Committee (“RAC”)—an industry committee charged with administration of the Raisin Marketing Order,9 7 The raisin industry has long been an important one in California, where 99.”
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