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Saturday, April 8, 1950
merits will be made must have been produced in the States of Oregon or Washington, and must have been certi fied as salable by the Filbert Control Board, pursuant to the marketing agree ment and order 14 F. R. 5964, regulat ing the handling of filberts grown in Oregon and Washington. Diversion hereunder must be accomplished not later than May 31,1950, unless such time is extended by the Director or his des ignee.
539.154 Quantity to be diverted by each participant. Each participant shall state, in his application for participation in this program, the maximum quantity of salable filberts which he intends to divert under this program. In the event the total quantity stated by all partici pants in their applications to divert exceeds the maximum quantity author ized to be diverted under this program, the Director may allot to each partici pant such lesser maximum quantity as the Director determines will represent such participants equitable share of the total quantity. The maximum quantity of salable filberts authorized to be di verted under this program and on which payments may be made is 2,800,000
pounds.
539.155 Distribution of payments.
Distribution of payments made under this program shall be accomplished in the following manner:
If a participant is a cooperative mar keting association, the Secretary shall make a single benefit payment to the as sociation, within a reasonable time after receipt of the claim referred to in 539.156, on the quantity diverted here under by the association. The total of such benefit payment shall be segregated and handled by the association in a sepa rate fund apart from any other funds held by it, and shall be distributed among growers pro rata on the basis of the quantity of merchantable 1949 crop fil berts the association acquired from each grower through April 30, 1950. All such payments to growers shall be by checks of the association mailed to each grower at his last known address or delivered to him. The association agrees that each payment to a grower shall show that funds for such disbursement were re ceived from the United States Depart ment of Agriculture, as payment for diversion under this filbert diversion pro gram. No sale, assignment, or transfer of growers claims to payments made by the Secretary to the association shall be considered valid o f effective. Payments received by the association which are not distributed to growers, for any rea son. whatsoever, shall, within four months of date of receipt by the associa tion, be returned to the Director by check made payable to the Treasurer of the United States.
If a participant is a handler other than a cooperative marketing associa tion, the Secretary shall make payments on the quantity of filberts diverted here under by such participant. Such pay ments shall be made direct to growers based on the quantity of 1949 crop sal able filberts such handler acquired from each grower on or before April 30, 1950.
Each handler will be required to furnish a certification listing the names of grow-

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FEDERAL REGISTER

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ers from whom he acquired such filberts or for the examination of books, papers, and the quantities acquired. Distribu records, and memoranda, as provided for tion of payments to growers shall be herein, shall be final and conclusive.
in accordance with procedures to be de 539.158 Amendment and termina termined by the Director. All such pay tion. This program may be amended or ments shall be by checks of the terminated by the Secretary at any time Treasurer of the United States mailed upon not less than ten calendar days to each such grower at his last known notice by public announcement. Notice address or delivered to him. No sale, of such amendment or termination will assignment, or transfer of growers be transmitted to each participant in the claims to payments made by the Secre program. Any such amendment or tary shall be considered valid or effective. termination shall not affect any diversion 539.156 Claims supported by proof which was accomplished in accordance of diversion. Claims for payment here with this program before the effective under shall be filed not later than June date and time of such amendment or 15, 1950, unless such time is extended by termination.
the Director or his designee. Claims for 539.159 Persons not eligible. No payment shall be filed with Fruit and member or delegate to Congress, or resi Vegetable Branch, Production and Mar dent Commissioner, shall be admitted to keting Administration, United States any share or part of any payment made Department of Agriculture, 515 South under this offer or to any benefit th at west Tenth Avenue, Portland 5, Oregon. may arise therefrom, but this provision Each claim for payment shall be filed shall not be construed to extend to a in an original and three copies on payment made to a corporation for its voucher form FDA-564, and shall be ac general benefit, or to member or dele companied by supporting documents as gate to Congress, or a resident Commis listed below.
sioner, in his capacity as a farmer.
If a participant is a cooperative mar 539.160 Definitions. As used in this keting association such claim shall be supported by three copies each of the part, the following terms have the fol following: a Certification by the as lowing meanings:
a Secretary means the Secretary sociation on the form entitled, Han dlers Certification of Diversion of Salable of Agriculture of the United States, or Filberts, attached hereto and marked any authorized representative of the Exhibit A, b form executed by the Secretary.
b Director means the Director,
association entitled, Certification by Cooperative Marketing Association of Fruit and Vegetable Branch, Production Apportionment of Merchantable Filberts and Marketing Administration, United Among Growers From Whom Merchant States Department of Agriculture, or any able Filberts Were Acquired, showing authorized representative of the Secre the amount of payment which will be tary within such Branch to whom the made to each grower, attached hereto Director has subdelegated authority to and marked Exhibit B, and c such perform the functions delegated to him.
c Handler means any individual, other data or documents, as the Director corporation, partnership, cooperative may require.
If a participant is a handler other than marketing association, or other business a cooperative marketing association, entity, who packed or distributed not claims for payment shall be filed by in less than 250 pounds of unshelled filberts dividual growers from whom such han during the period beginning October 1, dler acquired 1949 crop salable filberts. 1949, and ending April 30, 1950.
d Diversion means the shelling of Such claims for payment shall be filed in accordance with instructions to be issued filberts, which have been certified as salable pursuant to the marketing agree by the Director.
ment and order on or before April 30, 539.157 Records and accounts. All 1950, for any commercial purpose.
participants under this program shall e Public announcement means maintain a system of records and ac the issuance of a press release or the counts which shall reflect accurately all publication of a notice in the F ederal transactions under this program; and R egister .
the Director or his duly authorized agnt 539.161 Information and forms.
may, during the usual hours of business, examine all books, papers, records, and Information pertaining to the operation 5
memoranda of the participant pertain of this program and forms prescribed for ing to said transactions for the purpose use hereunder can be obtained from of verifying the statements and declara W. J. Broadhead, United States Depart tions submitted to the Director by said ment of Agriculture, 515 Southwest participant under the terms of this pro Tenth Avenue, Portland 5, Oregon; or gram, and for the purpose of assisting from the Director, Fruit and Vegetable the Director in the execution of his duties Branch, Production and Marketing Ad under this program. Such records and ministration, United States Department accounts shall be retained by the partici of Agriculture, Washington 25, D. C.
pant for a period of two years after the 539.162 Effective date. This pro effective date hereof. The participant gram shall be effective as of the 13th day shall, from time to time, furnish such of March 1950.
information concerning said transactions Dated this 4th day of April 1950.
to the Director or his duly authorized agent as may be deemed necessary and seal !
M. W. B aker, may be requested by the Director or by Authorized Representative of said agent; and the determination of the the Secretary of Agriculture.
Director or his duly authorized agent as F. R. Doc. 50-2941; Filed, Apr. 7, 1980i to the necessity and justification for the 8:46 a. m.
furnishing of the information requested,