7 CFR 993.157 - Holding and delivery of reserve prunes.

§ 993.157 Holding and delivery of reserve prunes.

(a)Sales and deliveries. Committee sales and deliveries of reserve prunes from the holdings of any handler shall not exceed the quantity of reserve prunes required to be held by him. The reserve prune holding requirement of the handler shall be reduced by the tonnage so sold or delivered.

(b)Assistance to handlers. As assistance to handlers, the committee shall furnish each handler a monthly tabulation, beginning as soon as possible after the start of the crop year, showing his reserve obligation and holding requirement based on records on file with the committee.

(c)Failure to hold and deliver reserve prunes in accordance with reserve obligation. In the event a handler fails to hold for the committee and deliver his total reserve prune obligation in any category and is unable to rectify such a deficiency with salable prunes, he shall compensate the committee in an amount computed by multiplying the pounds of natural condition prunes so deficient by the applicable values established by the committee: Provided, That the remedies prescribed herein shall be in addition to, and not exclusive of, any of the remedies or penalties prescribed in the act with respect to noncompliance. The determination of any such deficiency shall include application of any tolerance allowance for shrinkage in weight, increase in the number of prunes per pound, and normal and natural deterioration and spoilage which may then be in effect.

(d)Excess delivery of prunes to the committee. In the event a handler delivers to the committee as reserve prunes a quantity of prunes in excess of his holding requirement for reserve prunes, the committee shall make such practical adjustments as are consistent with this part and this may include compensating the handler for such excess (nonreserve prunes) by paying to him the proceeds received by the committee for such excess.

(e)Holding reserve prunes on other than a handler's premises. No handler shall hold reserve prunes on the premises of another handler, or in approved commercial storage other than on his own premises, unless prior thereto he notifies the committee in a certified report on Form PMC 5.1 “Notice of Proposed Intent to Store Reserve Prunes” which shall contain at least the following information: (1) The date and the name and address of the handler; (2) the name and address of the person on whose premises the reserve prunes will be stored for the handler; (3) the approximate quantity to be so stored and the exact location and description of the storage facilities; and (4) the proposed date that such storage will begin. The report shall be accompanied by a signed statement by the persons on whose premises the reserve prunes are to be stored agreeing to hold such prunes under conditions of proper storage and further agreeing to permit access to such premises by the committee at any time during business hours for the purpose of examining or taking delivery of such prunes in accordance with the provisions of this part. No handler shall be permitted to hold reserve prunes on any premises outside the area.

(f)Exchange of salable prunes for reserve prunes. No handler shall exchange salable prunes for reserve prunes unless he has entered into a sales agreement authorized pursuant to § 993.65(b) whereby the value of any such exchange, and payment therefor to the committee, shall be determined.

(g)Delivery by nonsignatory handlers. Any handler not signing the sales agreement authorized pursuant to § 993.65(b), shall deliver to the Committee, upon demand, the total weight of his reserve obligation by such variety, grade, and size categories, and at the count per pound for each size category as is required by the reserve control regulation of the applicable crop year. Such deliveries of prunes may be either graded prunes or any lot of ungraded prunes, or portion thereof, identifiable to the satisfaction of the committee as being in the same form as when received: Provided, That the percent of standard prunes in each lot shall be taken into account but with respect to any lot of graded prunes, no credit shall be given to the standard obligation of the handler if in a sample of 100 ounces, the count per pound of 10 ounces of the smallest prunes exceeds the count per pound of 10 ounces of the largest prunes by more than 45 prunes per pound.

[ 33 FR 19162, Dec. 24, 1968, as amended at 48 FR 57261, Dec. 29, 1983]
Effective Date Note:
At 70 FR 30613, May 27, 2005, § 993.157 was suspended indefinitely.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 7 - AGRICULTURE

§ 601 - Declaration of conditions

§ 602 - Declaration of policy; establishment of price basing period; marketing standards; orderly supply flow; circumstances for continued regulation

§ 603 - Government owned cotton; transfer to Secretary of Agriculture; powers of Secretary

§ 604 - Borrowing money; expenditures; authority of Secretary

§ 605 - Repealed. June 30, 1947, ch. 166, title II, § 206(d), 61 Stat. 208

§ 606 - Repealed. Aug. 24, 1935, ch. 641, § 34, 49 Stat. 775

§ 607 - Sale by Secretary; additional options; validation of assignments; publication of information

§ 608 - Powers of Secretary

7 U.S. Code § 608–1 - Omitted

§ 608a - Enforcement of chapter

7 U.S. Code § 608a–1 - Repealed. Sept. 1, 1937, ch. 898, title V, § 510, 50 Stat. 916

§ 608b - Marketing agreements; exemption from anti-trust laws; inspection requirements for handlers not subject to agreements

§ 608c - Orders

7 U.S. Code § 608c–1 - Repealed. June 29, 1945, ch. 196, 59 Stat. 263

§ 608d - Books and records

§ 608e - Repealed. July 3, 1948, ch. 827, title III, § 302(d), 62 Stat. 1258

7 U.S. Code § 608e–1 - Import prohibitions on specified foreign produce

§ 608f - Repealed. Pub. L. 89–106, § 9, Aug. 4, 1965, 79 Stat. 432

§ 609 - Processing tax; methods of computation; rate; what constitutes processing; publicity as to tax to avoid profiteering

§ 610 - Administration

§ 611 - “Basic agricultural commodity” defined; exclusion of commodities

§ 612 - Appropriation; use of revenues; administrative expenses

§ 612a, 612b - Omitted

§ 612c - Appropriation to encourage exportation and domestic consumption of agricultural products

7 U.S. Code § 612c–1 - Authorization for appropriations to increase domestic consumption of surplus farm commodities

7 U.S. Code § 612c–2 - Technical support to exporters and importers of United States agricultural products; scope of support provided by Department of Agriculture

7 U.S. Code § 612c–3 - Repealed. Pub. L. 101–624, title XV, § 1578, Nov. 28, 1990, 104 Stat. 3702

7 U.S. Code § 612c–4 - Purchase of specialty crops

7 U.S. Code § 612c–5 - Section 612c funds for purchase of fruits, vegetables, and nuts to support domestic nutrition assistance programs

7 U.S. Code § 612c–6 - Domestic food assistance programs

§ 613 - Termination date; investigations and reports

§ 613a - Repealed. Sept. 1, 1937, ch. 898, title V, § 510, 50 Stat. 916

§ 614 - Separability

§ 615 - Refunds of tax; exemptions from tax; compensating tax; compensating tax on foreign goods; covering into Treasury

§ 616 - Stock on hand when tax takes effect or terminates

§ 617 - Refund on goods exported; bond to suspend tax on commodity intended for export

§ 618 - Existing contracts; imposition of tax on vendee; collection

§ 619 - Collection of tax; provisions of internal revenue laws applicable; returns

§ 619a - Cotton tax, time for payment

§ 620 - Falsely ascribing deductions or charges to taxes; penalty

§ 621 - Machinery belting processed from cotton; exemption from tax

§ 622 - Omitted

§ 623 - Actions relating to tax; legalization of prior taxes

§ 624 - Limitation on imports; authority of President

§ 625 - Repealed. Pub. L. 108–357, title VI, § 611(s), Oct. 22, 2004, 118 Stat. 1523

§ 626 - Import inventory

§ 627 - Dairy forward pricing pilot program

§ 641 to 659 - Omitted

§ 671 - Arbitration of disputes concerning milk

§ 672 - Agreements; licenses, regulations, programs, etc., unaffected

§ 673 - Taxes under Agricultural Adjustment Act; laws unaffected

§ 674 - Short title

Title 7 published on 16-Jun-2018 03:56

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 7 CFR Part 993 after this date.

  • 2018-04-06; vol. 83 # 67 - Friday, April 6, 2018
    1. 83 FR 14736 - Subpart Nomenclature Change; Technical Amendment
      GPO FDSys XML | Text
      DEPARTMENT OF AGRICULTURE, Agricultural Marketing Service
      Final rule; technical amendment.
      This rule is effective May 7, 2018.
      7 CFR Parts 900, 915, 917, 923, 925, 932, 946, 948, 953, 955, 956, 958, 981, 984, 987, and 993