Federal Register, Volume 74, Number 73, April 17, 2009, Pages 17765-17898 Page: 17,767
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Rules and Regulations
Federal Register
Vol. 74, No. 73
Friday, April 17, 2009This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1240
[Document Number AMS-FV-09-0006; FV-
09-701]
Honey Research, Promotion, and
Consumer Information Order;
Termination
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Final rule; termination order.
SUMMARY: This final rule terminates the
Honey Research, Promotion, and
Consumer Information Order (Honey
Order) and its rules and regulations in
their entirety. The Department
previously proposed termination of the
Honey Order because of the duplicative
nature of the Honey Order with the new
honey packers and importers program.
This action is necessary because the
results of a referendum conducted
among honey first handlers and
importers between April 2 and April 16,
2008, favored implementation of a new
honey packers and importers program,
and that program is now in effect.
Therefore, termination of the Honey
Order is appropriate.
DATES: Effective Date: April 20, 2009.
FOR FURTHER INFORMATION CONTACT:
Kathie Notoro, Marketing Specialist,
Research and Promotion Branch, Fruit
and Vegetable Programs, AMS, USDA,
Stop 0244, Room 0632-S, 1400
Independence Ave., SW., Washington,
DC 20250-0244; telephone (202) 720-
9915 or (888) 720-9917 (toll free), Fax:
(202) 205-2800 or e-mail
kathie.notoro@ams. usda.gov.
SUPPLEMENTARY INFORMATION: This final
rule is issued under the Honey
Research, Promotion and Consumer
Information Act [7 U.S.C. 4601-4613]
(Act).This rule has been determined to be
not significant for purposes of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
This final rule terminates the Honey
Order and its rules and regulations. The
Act, which became effective in October
1984, authorized the creation of a
program of promotion and information
for honey and honey products. The
National Honey Board was appointed to
administer the Honey Order under the
Department's supervision. The Honey
Order covered an estimated 2,000
producers and 659 importers of honey
and honey products.
The National Honey Packers and
Dealers Association submitted a
proposal for a Honey Packers and
Importers Research, Promotion,
Consumer Education and Industry
Information Order (Packers Order) in
2006.
A proposed Packers Order was
published in the Federal Register on
June 4, 2007 [72 FR 30924], with a 60-
day request for comment period which
ended on August 3, 2007. That rule also
proposed termination of the Honey
Order and regulations in 7 CFR part
1240 if the Packers Order was
implemented. Honey associations and
related honey industry media received
news releases and other information
regarding the proposed implementation
of the Packers Order and termination of
the Honey Order.
After reviewing all timely comments
received, a second proposed rule and
referendum order was published in the
Federal Register on March 3, 2008 [73
FR 11470]. Also, a final rule concerning
referendum procedures was published
in the Federal Register the same day.
First handlers and importers who
handled 250,000 pounds or more of
honey or honey products, during the
period from January 1, 2007, through
December 31, 2007, were eligible to vote
in the April 2-16, 2008, referendum to
determine if they favored
implementation of the Packers Order.
Seventy-eight percent of those voting inthe referendum, covered under the
Packers Order, representing ninety-two
percent of the volume who voted in the
referendum, approved the new program.
With the implementation of the Packers
Order, the Honey Order would be
terminated as soon as practicable.
In accordance with section 1240.63, of
the Honey Order, the Board
recommended to the Secretary five of its
members to serve as trustees for the
purpose of liquidating the affairs of the
Board. These trustees were designated
by the Secretary and became responsible
for all funds and property then in
possession or under control of the
Board, including claims for any funds
unpaid or property not delivered or any
other claim existing at the time of the
final audit. Further, the Department
published a suspension of the collection
of assessments under the Honey Order
and a final rule establishing the Packers
Order in the Federal Register on May
21, 2008 [73 FR 29390]. The other
provisions of the Honey Order remained
in effect in order to facilitate the five
trustees' ability to liquidate the assets
and terminate the Honey program after
a final audit was conducted. A final
audit was conducted on January 14,
2009.
Therefore, this final rule terminates
all provisions of the Honey Order and
its rules and regulations.
Regulatory Flexibility Analysis
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-
612), the Agricultural Marketing Service
(AMS) is required to examine the
impact of the rule on small entities. The
purpose of the RFA is to fit regulatory
actions to the scale of businesses subject
to such actions so that small businesses
will not be disproportionately
burdened.
Under the Honey Order,
approximately 2,000 producers and 659
importers of honey and honey products
paid assessments. Approximately 45
handlers were also covered for
recordkeeping and reporting
requirements. The Small Business
Administration [13 CFR 121.201]
defines small agricultural producers as
those having annual receipts of
$750,000 or less annually and small
agricultural service firms as those
having annual receipts of $7 million or
less. Using these criteria under the
Honey Order, most producers, first
handlers, cooperative organizations and17767
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 73, April 17, 2009, Pages 17765-17898, periodical, April 17, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132935/m1/10/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.