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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations maintain and expand existing markets, and to develop new markets, marketing strategies, increased market efficiency, and activities that are designed to enhance the image of lamb and lamb products on a national or international basis. These include:
1 Consumer information, which means any action taken to provide information to, and broaden the understanding of, the general public regarding the consumption, use, and nutritional attributes of lamb and lamb products; and 2 Industry information, which means information and programs that will lead to the development of new markets, new marketing strategies, or increased efficiency for the lamb industry, and activities to enhance the image of lamb.
Lamb means ovine animals of any age, including ewes and rams.
Lamb products means products produced in whole or in part from lamb, including pelts, and excluding wool and wool products.
Market agency means commission merchant, auction market, or livestock market in the business of receiving lambs or lamb products for sale or purchase on commission for or on behalf of a producer, feeder, seedstock producer, or first handler.
Order means an Order issued by the Secretary under 514 of the Act that provides for a program of generic promotion, research, and information regarding agricultural commodities authorized under the Act.
Part means the Lamb Promotion, Research, and Information Order and all rules and regulations issued pursuant to the Act and the Order. The Order shall be a subpart of the Part.
Person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity.
Producer means any person who owns and produces lambs in the United States for sale.
Producer information means activities designed to provide producers, feeders, and first handlers with information relating to production or marketing efficiencies, development of new markets, program activities, or other information that would facilitate an increase in the demand for lamb or lamb products.
Promotion means any action, including paid advertising and the dissemination of culinary and nutritional information and public relations with emphasis on new marketing strategies, to present a favorable image of U.S. lamb products to the public for the purpose of improving
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the competitive position of U.S. lamb and lamb products in the marketplace and to stimulate sales.
Referendum means a referendum to be conducted by the Secretary pursuant to the Act whereby producers, feeders, first handlers, and exporters shall be given the opportunity to vote to determine whether the continuance of this subpart is favored by a majority of eligible persons voting and a majority of volume voting.
Research means any type of test, study, or analysis designed to advance the image, desirability, use, marketability, production, product development, or quality of lamb or lamb products.
Secretary means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in the Secretarys stead.
Seedstock producer means any lamb producer in the U.S. who engages in the production and sale of breeding replacement lambs or semen or embryos.
State means each of the 50 States and the District of Columbia.
Suspend means to issue a rule under 553 of title 5 U.S.C., to temporarily prevent the operation of an Order or part thereof during a particular period of time specified in the rule.
Terminate means to issue a rule under 553 of title 5 U.S.C., to cancel permanently the operation of an Order or part thereof beginning on a date certain specified in the rule.
Unit means each State, group of States, or class designation producers, feeders, first handlers, or seedstock producers that is represented on the Board.
United States means collectively the 50 States and the District of Columbia.
Wool means fiber from the fleece of a lamb.
Wool products mean products produced, in whole or in part, from wool and products containing wool fiber, excluding pelts.

1280.217

1280.102 through 1280.129
and Reserved
Each person exporting live lambs or lamb products, including an exporter directly exporting his or her own lambs or lamb products, shall remit to the Board an assessment at the rate established in 1280.217a by the 15th day of the month following the month in which the live lambs were purchased for slaughter and export or live export.

Removed
3. Remove and reserve 1280.102
through 1280.129.
4. Section 1280.217 is amended by:
a. Revising paragraphs a, c, and d;
b. Removing paragraphs e and g;
and c. Redesignating paragraphs f and h as paragraphs e and f, respectively.
The revisions read as follows:

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Lamb purchases.

a Except as prescribed by regulations approved by the Secretary, each first handler or exporter making payment to a producer, seedstock producer, or feeder for lambs purchased from such producer, seedstock producer, or feeder shall collect an assessment from the producer, seedstock producer, or feeder.
Each producer, seedstock producer, or feeder shall pay such assessment to the first handler or exporter, at the rate of seven-tenths of a cent $.007 per pound of live lambs sold. The rate of assessment may be raised or lowered no more than twenty-hundredths of a cent $0.002 in any one year. The Board may recommend any change in the assessment rate to the Department. Prior to a change in the assessment rate, the Department will provide notice by publishing in the Federal Register any proposed changes with interested parties allowed to provide comment.

c Each person processing or causing to be processed lambs or lamb products of that persons own production and marketing such lambs or lamb products, shall pay an assessment on such lambs or lamb products on the live weight of the lamb at the time of slaughter at the rate established in subparagraph a of this section. In addition, pursuant to 1280.108, such an individual is considered a first handler and is required by 1280.219 to pay an additional assessment of $0.42 per head.
As the first handler, the individual must remit the total amount of assessments to the Board.
d A market agency shall collect an assessment from the producer, seedstock producer, feeder, or first handler and remit the collected assessment to the Board. Any person who pays more than one assessment on the same lamb may be eligible for a refund by submitting a request on a form provided by the Board.

5. Section 1280.218 is revised to read as follows:

1280.218

Exporter.

6. Section 1280.220 is amended by revising paragraph a to read as follows:

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