and a copy of the report thereon shall be served upon the parties. If an answer is filed by respondent, a copy of any report or reports of investigation served upon the parties shall be filed with the Hearing Clerk and shall be considered as part of the evidence in the proceeding: Provided, That either party shall be permitted to submit evidence in rebuttal in the same manner as is provided in the regulations in this part for the submission of other evidence

(a) Persons engaged in the business of transporting, shipping, or receiving any eggs in commerce, or holding such articles so received, and all egg handlers, including hatcheries, shall maintain for 2 years records showing the receipt, delivery, sale, movement, and disposition of all eggs handled by them, and upon the request of an authorized representative of the Secretary, shall permit the representative, at reasonable times, to have access to and to copy all such

After an appeal inspection has been completed, an appeal inspection certificate shall be issued showing the results of such appeal inspection; and such certificate shall supersede the inspection certificate previously issued for the seed involved. Each appeal inspection certificate shall clearly identify the number and date of the inspection certificate which it supersedes. The superseded certificate shall become null and void upon the issuance of the appeal inspection certificate and shall

(a) The Administrator shall accredit a qualified domestic or foreign applicant in the areas of crops, livestock, wild crops, or handling or any combination thereof to certify a domestic or foreign production or handling operation as a certified operation. (b) Accreditation shall be for a period of 5 years from the date of approval of accreditation pursuant to

. There shall be no subsequent rights of appeal to the Secretary. Final decisions of a State may be appealed to the United States District Court for the district in which such certified operation is located. (c) A State organic program's governing State official may review and investigate complaints of noncompliance with the Act or regulations concerning accreditation of certifying agents operating in the State. When such review or investigation reveals any

agency has failed to comply with the requirements of this part. (b) Confidentiality. No State or local agency, participant, or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege under this part because that person has made a complaint or formal allegation, or has testified, assisted, or participated in any manner in an investigation

agency has failed to comply with the requirements of this part. (b) Confidentiality. No State or local agency, recipient, or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege under this part because that person has made a complaint or formal allegation, or has testified, assisted, or participated in any manner in an investigation

failed to comply with the requirements of this Part. (b) Confidentiality. No State or local agency, participant, or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege under this Part because that person has made a complaint or formal allegation, or has testified, assisted, or participated in any manner in an investigation, proceeding

, and it has not been used for the production of sugarcane while in the regulated area.

for sampling and samples shall not be drawn until the inspector has so authorized and has prescribed the conditions and safeguards under which such samples shall be obtained.

description of the complete contents of the shipment for the shipment's delivery manifest entry. (c) In addition to the export certificate required in §322.30 (if applicable), a restricted article that is imported by mail or commercial express delivery must be accompanied by an invoice or packing list accurately indicating the complete contents of the shipment.

used for particular types of handling of any products or articles subject to this part may be specified generally in administrative instructions or in permits in specific cases. When ports are specified in permits or otherwise, the arrival, unloading, landing, or possession of the products or articles involved at other ports will not be allowed except as the inspector may authorize changes in the ports specified. [25 FR 1929, Mar. 5, 1960, as amended

(a) The Uniform Rules of Practice for the Department of Agriculture promulgated in subpart H of part 1, subtitle A, title 7 CFR are the Rules of Practice applicable to adjudicatory administrative proceedings under the following statutory provisions: (1) The Plant Protection Act, section 424 (7 U.S.C. 7734),

(a) The purpose of this part is for the U.S. Department of Agriculture (USDA), with the concurrence of the U.S. Environmental Protection Agency (EPA), to set forth regulations to carry out a Rural Clean Water Program (RCWP) under section 35, Pub. L. 95-217; 91 Stat. 1579; 33 U.S.C. 1288. (b) The Rural Clean Water Program provides financial

withhold taking any action which is not in accordance with this part. (b) The State committee shall submit to the Deputy Administrator requests to deviate from deductions prescribed in §718.109, or the error amount or percentage for refunds of redetermination costs as prescribed in

commerical market. (b) The name of the pesticide causing the removal of the product from the commerical market and, to the extent possible, the source of the pesticide. (c) A record of the quantity of milk or butterfat used to produce the product for which an indemnity payment is requested. (d) The identity of any pesticide used by the affected manufacturer. (e) Such other

(c) Guarantee period. The guarantee period is 10 years for either plan regardless of the term of the land contract.

maintain a complete record of requests for official inspection or weighing services that are withdrawn by the applicant or that are conditionally withheld or dismissed. The record shall be prepared and maintained according to the instructions. (c) Licensee record. Licensees, including licensed warehouse samplers, shall (1) keep the license issued to them by the Service and (2) keep or have reasonable access to a complete record of

(c) All other determinations. The basis of determination for all other factors is contained in the individual standards.

(a) General. Requests shall be made with the field office responsible for the area in which the original inspection service was performed. Verbal requests shall be confirmed in writing, upon request, as specified in §868.21. Copies of request forms may be obtained from the field office upon request. If at the time the request is

If a person fails to comply with any requirement of the Act, the regulations set forth in this part or any applicable licensing or provider agreement, AMS may assess, after an opportunity for a hearing as provided in §869.8, a civil penalty: (a) Of not more than the amount specified in

Committee or the Processed Pear Committee, or duly appointed employees thereof, so that the information contained therein which may adversely affect the competitive position of any handler in relation to other handlers will not be disclosed. Compilations of general reports from data submitted by handlers are authorized subject to the prohibition of disclosure of individual handler's identities or operations. (c) Each handler shall maintain for at least two succeeding

information, the Secretary may relieve from any or all requirements pursuant to this part the handling of such forms or types of cranberries as the committee, with the approval of the Secretary, may prescribe. Forms of cranberries could include cranberries intended for fresh sales or organically grown cranberries. (c) The committee, with the approval of the Secretary, shall prescribe such rules, regulations, and safeguards as it may deem necessary to ensure that cranberries

, the name of the handler responsible for compliance with the applicable requirements pursuant to this part relating to such hazelnuts. [54 FR 46721, Nov. 7, 1989]

(a) The names and addresses of the persons from whom received, and the quantities received from each such person; (b) The names and addresses of the persons to whom disposal is made, and the quantities disposed of to each such person; (c) The quantities used by the handler for such purposes as manufacturing, production of oil, and livestock feeding; and (d) The quantities held on September 1, January 1

(a) Grower is synonymous with producer and means any person engaged within the production area in a proprietary capacity in the production of pecans if such person: (1) Owns an orchard and harvests its pecans for sale (even if a custom harvester is used); or (2) Is a lessee of a pecan orchard and has the right to sell the harvest (even if the lessee must remit a

report must be renewed each fiscal year. The report shall contain the following information: (1) The fiscal year covered by the report; (2) The names and signatures for both the transferring and receiving handler; and (3) Handler assuming the reporting and assessment obligations on the pecans transferred. (b) [Reserved] [

) the variety of dates and weight of the lot; (e) the number and type of containers in the lot; and (f) if the dates (1) are other than field-run dates, a certification as to the grade of the dates and whether or not they meet the applicable grade, size, container, and identification requirements, or (2) are field-run dates, a certification showing the percentage by weight, of sound dates in the lot, and whether or not they meet the identification requirements for such dates.

. (c) Mushrooms produced in the United States that are exported are exempt from assessment and are subject to such safeguards as prescribed in rules and regulations to prevent improper use of this exemption. (d) Domestic and imported mushrooms used for processing are exempt from assessment and are subject to such safeguards as prescribed in rules and regulations to prevent improper use of this exemption.

Each first handler required to remit assessments to the Board for live lambs pursuant to §1280.217, each first handler marketing lamb products of that person's own production, and each exporter of lambs, shall report to the Board information pursuant to regulations recommended by the Board and prescribed by the Secretary. Such information may include but is not limited