Voglio sapere a riguardo di…

RULES AND REGULATIONS

3614
daily from those handlers who do not have definite or established places of business in the production area, it is essential that the specification of the assessment rate be issued immediately so as to enable the said Industry Com mittee to perform its duties and func tions under said marketing agreement and order.
As used in this section, the terms han dler, handles, shipped, peaches, production area, and fiscal period shall have the same meaning as is given to each such term in the said marketing agreement and order. 48 Stat. 31, as amended; 7 U. S. C. and Sup. I, 601 et seq.; 7 CFR Part 962
Done at Washington, D. C., this 28th day of June 1949.
seal
C h a r l e s F. B r a n n a n , Secretary of Agriculture.

F . R. Doc. 49-5316; Filed, 8:53 a. m .j
June
P a r t 966 O r a n g e s G r o w n C a l i f o r n i a o r A r iz o n a
30,
1949;

in
ORDER AMENDING ORDER REGULATING
HANDLING

966.0 Findings and determinations.
The findings and determinations here inafter set forth are supplementary to and in addition to the findings and de terminations made in connection with the issuance of this order; and all of said previous findings and determina tions are hereby ratified and affirmed, except insofar as such findings and de terminations may be in conflict with the findings and determinations set forth herein.
a Findings upon the basis of the hearing record. Pursuant to Public Act No. 10, 73d Congress May 12, 1933, as amended and as reenacted and amended by the Agricultural Marketing Agree ment Act of 1937, as amended 7 U. S. C.
601 et seq., hereinafter referred to as the act, and the rules of practice and procedure, as amended, governing pro ceedings to formulate marketing agree ments and marketing orders 7 CFR, Supps., 900.1 et seq., a public hearing was held at Los Angeles, California, be ginning on April 6,1948, and at Phoenix, Arizona, on April 19, 1948, upon proposed amendments to the tentatively approved marketing agreement and marketing Order No. 66 7 CFR, Cum. Supp. 966.2
et seq., regulating the handling of or anges grown in the State of California or in the State of Arizona. .Upon the basis of the evidence introduced at such hearing, and the record thereof, it is found that:
1 The said order, as h e r e b y amended, and all of the terms and con ditions thereof will tend to effectuate the declared policy of the act;
2 The said order, as hereby amended, regulates the handling of oranges grown in the State of California or in the State of Arizona in the same manner as and is applicable only to persons in the respective classes of in dustrial and commercial activity speci-

fled in a marketing agreement upon which hearings have been held;
3 The said order, as hereby amended, prescribes, so far as practi cable, such different terms, applicable to different production areas, as are necessary to give due recognition to the difference in production and marketing of oranges grown in the State of Cali fornia or in the State of Arizona;
4 The said order, as hereby amended, is limited in its application to the smallest regional production area that is practicable, consistent with carry ing out the declared policy of thp act, and the issuance of several orders ap plicable to any subdivision of such regional production area would not eftfectively carry out the declared policy of the act; and 5 All handling of oranges in fresh form which are grown in the State of California or in the State of Arizona is in the current of interstate or foreign commerce, or directly burdens, obstructs, or affects such commerce.
b Additional findings. It ishereby found and determined to be necessary, in the public interest, that the provisions of this order shall be made effective November 1, 1949, to coincide with the beginning of a marketing season and to afford persons affected thereby ample op portunity to effect any changes in their operating procedures required by such amendments: Provided, That the provi sions of this order establishing the pro cedure for the addition of handler mem bers to the Orange Administrative Com mittee shall become effective on August 1, 194$, to enable the committee to or ganize . subsequent to the addition of such handler members and prior to No vember 1, 1949, and to afford such ex panded committee . an opportunity to make administrative decisions concern ing operating procedures under said or der, as hereby amended.
c Determinations. It is hereby de termined that handlers excluding co operative associations of producers who are not engaged in processing, distribut ing, or shipping oranges covered by this order, as hereby amended of more than 80 percent of the volume of oranges covered by said order, as hereby amended, refused or failed to sign the proposed marketing agreement regulat ing the handling of oranges grown in the State of California or in the State of Arizona; and it is hereby further de termined that:
1 The refusal or failure of such handlers to sign said proposed market ing agreement tends to prevent the ef fectuation of the declared policy of the act;
2 The issuance of said order, as hereby amended, is the only practical means pursuant to the act, of advanc ing the interests of producers of such oranges; and 3 The issuance of said order, as hereby amended, is approved or favored by the producers who participated in a referendum on the question of the ap proval of this order, as hereby amended, and who during the determined repre sentative period November 1, 1947 to October 31, 1948, produced for market
at least two-thirds of the volume of or anges produced for market within the States of California and Arizona.
I t is therefore ordered, That, on and after the effective date hereof, the han dling of oranges grown in the State of California or in the State of Arizona shall be in conformity to, and in com pliance with, the terms and conditions of the aforesaid order, as hereby amend ed; and such order is hereby amended as follows:
1 Delete paragraph j of 966.3
and substitute therefor the following:
j. Handle means to buy, sell, con sign, transport, ship except as a com mon carrier of oranges owned by another person, or in any other way to place oranges in fresh form in the current of commerce between the State of Cali fornia and any point outside thereof in the continental United States, Alaska, or Canada, or within the State of California, or between the State of Arizona and any point outside thereof in the continental United States, Alaska, or Canada, or within the State of Arizona. The term handle does not include 1 the sale of oranges on the tree, 2 the trans portation of oranges to a packing house for the purpose of having such oranges prepared for market, or 3 the sale of oranges at retail by a person in his ca pacity as such retailer.
2 Add to 966.3 the following:
o Export means shipments of or anges in fresh form to points outside the continental United States, Canada and Alaska.
3 Delete paragraph a of 966.4
and substitute therefor the following:
a Establishment and membership.
There is hereby established an Orange Administrative Committee consisting of eleven members, for each of whom there shall be an alternate member who shall be nominated and selected in the same manner and who shall have the same qualifications as the member for whom each is an alternate. Six of the mem bers and their respective alternates shall be growers who shall not be handlers, or employees of handlers, or employees of central marketing organizations. Four of the members and their respective al ternates shall be handlers, or employees of handlers, or employees of central mar keting organizations. One member of the committee and an alternate of such member shall be nominated as provided in paragraph c 6 of this section. The six members of the committee who shall be growers and who shall not be han dlers, or employees of handlers, or em ployees of central marketing organiza tions are hereinafter referred to as grower members of the committee and the four members who shall be handlers, or employees of handlers, or employees of central marketing organizations are hereinafter referred to as handler members of the committee.
4 Delete paragraph b of 966.4
and substitute therefor the following:
b Term of office. The term of office of committee members and alternate mehibers shall be for a period of two