This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

45565 

Vol. 74, No. 170 

Thursday, September 3, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 970 

[Docket No. AO–FV–09–0138; AMS–FV–09– 

0029; FV09–970–1] 

Leafy Green Vegetables Handled in the 

United States; Hearing on Proposed 

Marketing Agreement No. 970 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule; notice of public 

hearing. 

SUMMARY: Notice is hereby given of a 

public hearing to consider a proposed 

marketing agreement under the 

Agricultural Marketing Agreement Act 

of 1937 to cover the handling of leafy 

green vegetables and products in the 

United States. The proposal was 

submitted by a cross-section of producer 

and handler representatives from the 

fresh produce industry, collectively 

referred to as the ‘‘proponent group.’’ 

The proposed agreement would 

authorize the development and 

implementation of production and 

handling regulations (metrics). Such 

metrics would reflect Good Agricultural 

Practices, Good Handling Practices, and 

Good Manufacturing Practices. The 

proposal would be voluntary in that 

only handlers who sign the marketing 

agreement would be subject to the 

requirements of the marketing 

agreement. Signatory handlers could 

only handle leafy green vegetables or 

product from the production area or 

imported that meets the requirements of 

the program. The program would be 

financed by assessments on first 

handlers of leafy green vegetables for 

the fresh market and would be 

administered by a twenty-three member 

committee, the majority of whom would 

be growers and handlers nominated by 

the industry and appointed by the 

Department of Agriculture (USDA). 

DATES: The hearing dates are: 

1. September 22 through 24, 2009, 

Monterey, California. 

2. September 30 through October 1, 

2009, Jacksonville, Florida. 

3. October 6, 2009, Columbus, Ohio. 

4. October 8, 2009, Denver, Colorado. 

5. October 14 and 15, 2009, Yuma, 

Arizona. 

6. October 20, 2009, in Syracuse, New 

York. 

7. October 22, 2009, in Charlotte, 

North Carolina. 

All hearing sessions are scheduled to 

begin at 8:30 a.m. and will conclude at 

5 p.m., or any other time as determined 

by the presiding administrative law 

judge. 

ADDRESSES: The hearing locations are: 

1. Hyatt Regency Monterey, 1 Old 

Golf Course Road, Monterey, California, 

(831) 372–1234. 

USDA will produce an on-demand 

video recording of the September 22–24, 

2009, hearing sessions. The on-demandvideo recordings will be available for 

viewing by interested parties beginning 

September 23, 2009, at http:// 

www.ams.usda.gov/moab. 

2. Wyndham Jacksonville Riverwalk, 

1515 Prudential Drive, Jacksonville, 

Florida, (904) 396–5100. 

3. Greater Columbus Convention 

Center, Room D130, 400 North High 

Street, Columbus, Ohio, (614) 827–2500. 

4. Denver Airport Marriot at Gateway 

Park, 16455 East 40th Circle, Aurora, 

Colorado, (303) 371–4333. 

5. Yuma Civic Center, Yuma Room, 

1440 Desert Hills Drive, Yuma, Arizona, 

(928) 373–5040. 

6. Renaissance Syracuse Hotel, 701 

East Genesee Street, Syracuse, New 

York, (315) 479–7000. 

7. Charlotte Marriott Executive Park, 

5700 Westpark Drive, Charlotte, North 

Carolina, (704) 527–9650. 

FOR FURTHER INFORMATION CONTACT: 

Antoinette Carter, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov; or 

Melissa Schmaedick, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, Northwest 

Marketing Field Office, AMS, USDA, 

1220 SW Third Avenue, Room 385, 

Portland, OR 97204; Telephone: (503) 

326–2724, Fax: (503) 326–7440, or Email: Melissa.Schmaedick@ams.

usda.gov. 

Small businesses may request 

information on this proceeding by 

contacting Jay Guerber, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or E-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

administrative action is instituted 

pursuant to the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’ The proposed marketing 

agreement is authorized under section 

8(b) of the Act. This action is governed 

by the provisions of sections 556 and 

557 of title 5 of the United States Code 

and, therefore, is excluded from the 

requirements of Executive Order 12866. 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) seeks to ensure that 

within the statutory authority of a 

program, the regulatory and 

informational requirements are tailored 

to the size and nature of small 

businesses. Interested persons are 

invited to present evidence at the 

hearing on the possible regulatory and 

informational impacts of the proposal 

on small businesses. 

The marketing agreement proposed 

herein has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. 

The hearing is called pursuant to the 

provisions of the Act and the applicable 

rules of practice and procedure 

governing the formulation of marketing 

agreements and orders (7 CFR part 900). 

Background 

In mid-September 2006, the FDA 

issued the first public alerts of a multistate Escherichia coli (E. coli) outbreak 

linked to fresh spinach grown in 

California’s Salinas Valley. The 

resulting recall was the largest ever for 

leafy green products. Investigations by 

the FDA and the California Department 

of Health Services, in cooperation with 

the Centers for Disease Control and 

Prevention and USDA’s Animal and 

Plant Health Inspection Service, 

concluded that the E. coli contamination 

might have been attributed to 

environmental factors in the production 

area. 


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45566 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 

In response to this outbreak, members 

of the California industry initiated the 

establishment of a State marketing 

agreement for handlers of leafy greens, 

which became effective February 10, 

2007. Currently, signatory handlers 

under the California state program 

represent 99 percent of leafy green 

vegetable production volume in that 

state. In October 2007, a similar program 

was implemented in Arizona, which 

covers approximately 75 percent of leafy 

green vegetables produced in the state. 

While both the California and Arizona 

programs are voluntary, the 

requirements of these state agreements 

are mandatory for all signatories. 

On October 4, 2007, USDA’s 

Agricultural Marketing Service (AMS) 

published an Advance Notice of 

Proposed Rulemaking (ANPR) in the 

Federal Register (72 FR 56678) in 

response to industry interest in the 

establishment of a national marketing 

program to address the handling of fresh 

leafy green vegetables. Proposals and 

comments were sought from the public, 

particularly from growers, handlers, 

buyers, and sellers of leafy green 

commodities. 

The ANPR resulted in the submission 

and consideration of 3,500 public 

comments on the need and level of 

support for a nationwide best practices 

program. These comments may be 

viewed at http://www.regulations.gov/

search/Regs/home.html#searchResults?

Ne=11+8+8053+8098+8074+8066+8084

+1&Ntt=AMS-FV-07-0090&Ntk=All&

Ntx=mode+matchall&N=0. 

Proposed Marketing Agreement 

On June 10, 2009, a petition for 

rulemaking requesting a public hearing 

on a proposed national marketing 

agreement for lettuce, spinach and other 

leafy greens was submitted to AMS. The 

proposal was submitted by a group of 

representatives (proponents) of a crosssection of producer and handler 

members of the fresh produce industry. 

The proponent group is comprised of: 

United Fresh Produce Association, 

Produce Marketing Association, Georgia 

Fresh Vegetable Association, Georgia 

Farm Bureau, Texas Fresh Vegetable 

Association, Arizona Farm Bureau, 

Leafy Greens Council, California Farm 

Bureau, California Leafy Greens 

Products Handler Marketing Agreement, 

Grower-Shipper Association of Central 

California, Western Growers, and the 

Imperial Valley Vegetable Growers 

Association. The proponents, whose 

membership includes both conventional 

and organic producers and handlers, 

claim to represent a majority of the 

volume of leafy green vegetables 

produced for the U.S. fresh market. 

Proponents of the proposed program 

support the systematic application of 

good agricultural production, handling, 

and manufacturing under an auditable, 

science-based program. Proponents state 

that the proposed program is intended 

to minimize the potential for microbial 

contamination in production and 

handling systems, and would improve 

consumer confidence of fresh leafy 

green vegetables and their products in 

the marketplace. 

Presently, there are no mandatory 

national food quality or safety 

requirements for the growing and 

handling of leafy green vegetables. 

Processing facilities, however, are 

subject to current good manufacturing 

practices as provided for in FDA Title 

21, Part 110 of the Code of Federal 

Regulations. 

USDA has quality grade standards for 

select leafy green vegetables (lettuce, 

endive, dandelion and cabbage), and 

offers voluntary quality related 

programs for fresh fruits and vegetables 

(Qualified Through Verification, 

Partners in Quality, Identity 

Preservation, and Domestic Origin 

Verification programs), as well as Good 

Agricultural and Good Handling 

Practices Audit Verification Programs. 

Two FDA documents provide 

guidelines for the fresh produce 

industry and leafy green supply chain: 

Guide to Minimize Microbial Food 

Safety Hazards for Fresh Fruits and 

Vegetables, and Commodity Specific 

Food Safety Guidelines for Lettuce and 

Leafy Greens Supply Chain. Recently, a 

third FDA document was published as 

draft guidelines for leafy greens. All 

these documents may be viewed at 

http://www.fda.gov. 

If the proposed national marketing 

agreement were implemented, the 

administrative committee, after 

consultation with the proposed 

Technical Review Board, would 

recommend audit metrics for USDA 

approval. These metrics would be 

science-based, scalable and regionally 

applicable in order to accommodate 

compliance of varying size and types of 

operations. 

As a voluntary program, only 

signatory handlers to the proposed 

agreement would be regulated. Under 

the proposed agreement, signatory 

handlers could only handle leafy green 

vegetables from (1) producers within the 

production area who meet the 

requirements of the program, or (2) 

producers and handlers outside the 

production area who meet the 

requirements of the program. The 

production area is defined as the 50 

states and the District of Columbia. 

Audits would be conducted by the 

USDA Inspection Service, and would 

include both domestic and imported 

product handled by signatory handlers. 

The proposed program would be 

financed by assessments collected from 

first handlers on the volume of leafy 

green vegetables handled for the fresh 

market. Such assessments would 

include costs of domestic audit 

verification for first handlers and their 

producers. First handlers would also be 

responsible for fees for audit verification 

services provided for their imported 

leafy green vegetables or products. 

Secondary signatory handlers would be 

responsible for fees for audit verification 

services for leafy green vegetables or 

products handled by such handler. 

The proponent group states that the 

proposed agreement has been discussed 

with leafy green vegetable growers, 

handlers, including those importing 

leafy greens, trade associations, and 

other industry stakeholders for more 

than a year. The proposal discussed 

herein has not received approval by the 

Secretary of Agriculture. 

Testimony is invited at the hearing on 

the proposed marketing agreement and 

all of its provisions, as well as any 

appropriate modifications or 

alternatives. 

The public hearing is held for the 

purpose of: 

(a) Receiving evidence about the 

economic and marketing conditions that 

relate to the proposed agreement and to 

appropriate modifications thereof; 

(b) Determining whether the handling 

of leafy green products within the 

production area is in the current of 

interstate commerce or directly burdens, 

obstructs, or affects interstate commerce 

and foreign commerce; 

(c) Determining whether there is a 

need for a marketing agreement for leafy 

green vegetables; 

(d) Determining the economic impact 

of the proposed agreement on the 

affected leafy green growers, handlers, 

other industry members and consumers; 

and, 

(e) Determining whether the proposed 

agreement or any appropriate 

modification thereof would effectuate 

the declared policy of the Act. 

All persons wishing to submit written 

material as evidence at the hearing 

should be prepared to submit four 

copies of such material at the hearing 

and should have prepared testimony 

available for presentation at the hearing. 

Where possible, all submitted written 

material should also be accompanied by 

an electronic copy in digital format. To 

the extent possible, all exhibits, 

including copies of prepared testimony, 

accepted into evidence during the 

hearing process will be available for 


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viewing by interested parties at http:// 

www.ams.usda.gov/moab. 

From the time the notice of hearing is 

issued and until the issuance of a 

Secretary’s decision in this proceeding, 

USDA employees involved in the 

decisional process are prohibited from 

discussing the merits of the hearing 

issues on an ex-parte basis with any 

person having an interest in the 

proceeding. The prohibition applies to 

employees in the following 

organizational units: Office of the 

Secretary of Agriculture; Office of the 

Administrator, AMS; Office of the 

General Counsel; and the Fruit and 

Vegetable Programs, AMS. 

Procedural matters are not subject to 

the above prohibition and may be 

discussed at any time. 

Provisions of the proposed marketing 

agreement follow. 

List of Subjects in Proposed 7 CFR Part 

970 

Marketing agreements, Reporting and 

recordkeeping requirements, Vegetables. 

The marketing agreement proposed by 

the proponent group would add a new 

part 970 to read as follows: 

PART 970—NATIONAL MARKETING 

AGREEMENT REGULATING LEAFY 

GREEN VEGETABLES 

Subpart—Agreement Regulating 

Signatory Handlers 

Definitions 

Sec. 

970.1 Act. 

970.2 Audit verification. 

970.3 Broker. 

970.4 Critical limit. 

970.5 Crop year. 

970.6 Foodservice distributor. 

970.7 Fresh-cut. 

970.8 Fresh-cut, packaged leafy green 

product. 

970.9 Good agricultural and handling 

practices. 

970.10 Good manufacturing practices. 

970.11 Handle. 

970.12 Handler. 

970.13 Importer. 

970.14 Inspection Service. 

970.15 Leafy green vegetables. 

970.16 Manufacture. 

970.17 Manufacturer. 

970.18 Packaged. 

970.19 Person. 

970.20 Producer. 

970.21 Process. 

970.22 Process control. 

970.23 Production area. 

970.24 Retailer. 

970.25 Secretary. 

970.26 Signatory. 

970.27 USDA. 

970.28 Zone. 

Purpose 

970.35 Purpose 

Leafy Green Vegetable Administrative 

Committee 

970.40 Establishment and membership. 

970.41 Eligibility. 

970.42 Term of office. 

970.43 Nominations. 

970.44 Alternate members. 

970.45 Technical Review Board. 

970.46 Market Review Board. 

970.47 Compensation and expenses. 

970.48 Procedure. 

970.49 Powers. 

970.50 Duties. 

Expenses and Assessments 

970.55 Expenses. 

970.56 Assessments. 

970.57 Accounting. 

970.58 Contributions. 

Duties and Responsibilities of Signatories 

970.65 Signatory parties. 

970.66 Verification audits. 

970.67 Audit metrics. 

970.68 Traceability. 

970.69 Official certification mark. 

970.70 Administrative review. 

970.71 Modification or suspension of 

regulations. 

970.72 Exemptions. 

Research and Promotion 

970.75 Research and promotion. 

Reports and Records 

970.80 Reports and recordkeeping. 

970.81 Confidential information. 

970.82 Verification of reports. 

970.83 Compliance. 

Miscellaneous 

970.85 Effective time. 

970.86 Rights of the Secretary. 

970.87 Personal liability. 

970.88 Separability. 

970.89 Derogation. 

970.90 Duration of immunities. 

970.91 Agents. 

970.92 Suspension or termination. 

970.93 Proceedings upon termination. 

970.94 Effect of termination or amendment. 

970.95 Amendments. 

970.96 Counterparts. 

970.97 Additional parties. 

970.98 Withdrawal. 

Authority: U.S.C. 601–674. 

Definitions 

§ 970.1 Act. 

Act means Public Act No. 10, 73d 

Congress (May 12, 1933), as amended 

and as re-enacted and amended by the 

Agricultural Marketing Agreement Act 

of 1937, as amended (48 Stat. 31, as 

amended; 7 U.S.C. 601 et seq.). 

§ 970.2 Audit verification. 

Audit verification means the physical 

visit to the farm and/or facility when it 

is in operation by an Inspection Service 

audit team to verify and document that 

good agricultural, handling, and 

manufacturing practices are adhered to 

throughout the growing, harvesting, 

packing operation and transportation as 

defined in § 970.9, and § 970.10. This 

verification shall take the form of an 

official audit conducted by the 

Inspection Service, § 970.14. An audit 

verification is a snapshot in time based 

on documentation reviewed, persons 

interviewed and operations observed, 

and is intended to represent the past 

and ongoing activities of the auditee. 

§ 970.3 Broker. 

Broker means an individual or entity 

that coordinates the sale and transport 

of fresh leafy green vegetable retail or 

foodservice buyers without taking 

ownership of the product. 

§ 970.4 Critical limit. 

Critical limit means a maximum and/ 

or minimum value established as part of 

a process control to which a biological, 

chemical, or a physical parameter must 

be controlled to prevent or minimize the 

occurrence of a food safety hazard to an 

acceptable level. 

§ 970.5 Crop year. 

Crop year is synonymous with fiscal 

year and means the 12-month period 

beginning with April 1 of any year and 

ending with March 31 of the following 

year. 

§ 970.6 Foodservice distributor. 

Foodservice distributor means an 

individual or entity that provides leafy 

green vegetables to restaurants, 

cafeterias, industrial caterers, hospitals 

and nursing homes. 

§ 970.7 Fresh-cut. 

Fresh-cut means fresh vegetables that 

have been altered from their natural 

form by cutting, dicing, peeling, slicing, 

chopping, shredding, coring, or 

trimming, with or without washing 

prior to being packaged for use by the 

consumer, foodservice industry, or a 

retail establishment. Fresh-cut products 

do not require additional preparation, 

processing, or cooking before human 

consumption. 

§ 970.8 Fresh-cut, packaged leafy green 

product. 

Fresh-cut, packaged leafy green 

product means any leafy green vegetable 

defined under § 970.15 that is fresh-cut 

and packaged for human consumption. 

This definition excludes from regulation 

all whole or cut non-leafy green 

vegetables or non-produce ingredients 

commingled with fresh-cut leafy green 

vegetables in packaged products (e.g. 

salad kits which may contain carrots, 

meat, cheese, and/or dressings). 


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§ 970.9 Good agricultural and handling 

practices. 

Good agricultural practices (GAP) and 

good handling practices (GHP) refer to 

general practices to reduce microbial 

food safety hazards as outlined in the 

current U.S. Food and Drug 

Administration (FDA) ‘‘Guide to 

Minimize Microbial Food Safety 

Hazards for Fresh Fruits and 

Vegetables’’ guidance document and the 

current Association of Food and Drug 

Officials (AFDO) model codes for food 

safety at the farm and packinghouse, or 

any other revised or modified versions 

thereof, or any other FDA document 

approved as a replacement thereof and 

as approved by the Secretary. 

§ 970.10 Good manufacturing practices. 

Good manufacturing practices (GMP) 

means any FDA regulations (21 CFR 

part 110) that describe the methods, 

equipment, facilities, and controls 

required for producing processed food, 

including fresh-leafy green vegetable 

products or any other FDA regulation 

approved as a replacement or 

supplement thereof as approved by the 

Secretary. 

§ 970.11 Handle. 

Handle means to receive, acquire, 

sell, process, ship, distribute, or import 

leafy green vegetables, including both 

raw agricultural commodities and fresh 

cut, packaged products: Provided, that 

handle does not include brokering, 

retail or foodservice sales of leafy green 

vegetables. 

§ 970.12 Handler. 

Handler means any person who 

handles: Provided, that, this definition 

does not include a retailer, a foodservice 

distributor, or a broker, except to the 

extent that such a person is otherwise 

engaged in handling. 

§ 970.13 Importer. 

Importer means a handler who 

imports leafy green vegetables that are 

produced or handled outside of the 

production area. 

§ 970.14 Inspection Service. 

Inspection Service means the Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, USDA, its designees, 

or any other entity approved by USDA 

to inspect/audit on its behalf. 

§ 970.15 Leafy green vegetables. 

Leafy greens means the fresh mature 

and immature leafy portions of any of 

the following: Arugula, cabbage (red, 

green and savoy), chard, cilantro, 

endive, escarole, kale, lettuce (iceberg, 

leaf, butter, head and romaine), parsley, 

raddichio, spinach, spring mix (baby 

leaf items including, but not limited to, 

cress, dandelion, endigia, mache, 

mizuna, tat soi, winter purslane) or any 

other leafy green vegetable 

recommended by the Committee and 

approved by the Secretary. The 

Committee may also recommend, 

subject to the approval of the Secretary, 

the removal of any leafy green vegetable 

from this definition. 

§ 970.16 Manufacture. 

Manufacture is synonymous with 

process and means to change fresh leafy 

green vegetables from their natural form 

into fresh-cut, packaged products: 

Provided, that manufacture does not 

apply to leafy green vegetables packed 

in the field or to a retailer or foodservice 

distributor except to the extent that such 

a person is otherwise engaged in 

manufacturing for non-retail purposes. 

§ 970.17 Manufacturer. 

Manufacturer means any person who 

manufactures: Provided, that, this 

definition does not include a retailer, a 

foodservice distributor, or a broker, 

except to the extent that such a person 

is otherwise engaged in handling. 

§ 970.18 Packaged. 

Packaged means a commodity or a 

unit of a product uniformly wrapped or 

sealed. 

§ 970.19 Person. 

Person means an individual, 

partnership, corporation, association, or 

any other business unit or legal entity. 

§ 970.20 Producer. 

Producer is synonymous with grower 

and means any person engaged in a 

proprietary capacity in the production 

of leafy green vegetables for sale or 

delivery to a signatory of this agreement. 

§ 970.21 Process. 

Process is synonymous with 

manufacture and means to change fresh 

leafy green vegetables from their natural 

form into fresh-cut, packaged products: 

Provided, that process does not apply to 

retailer or foodservice distributor except 

to the extent that such a person is 

otherwise engaged in processing for 

non-retail purposes. 

§ 970.22 Process control. 

Process control means an auditable 

step within a production, harvest, 

handling, manufacturing, or 

transportation process at which control 

can be applied and is essential to 

prevent or minimize a food safety 

hazard to an acceptable level. 

§ 970.23 Production area. 

Production area means all fifty states 

and the District of Columbia of the 

United States of America. 

§ 970.24 Retailer. 

Retailer means an individual or entity 

that sells leafy green vegetables direct to 

the consumer: Provided, that retailer 

does not include direct sales from a 

producer to a consumer. 

§ 970.25 Secretary. 

Secretary means the Secretary of 

Agriculture of the United States or any 

officer or employee of the United States 

Department of Agriculture who is, or 

who may hereafter be, authorized to act 

in his or her stead. 

§ 970.26 Signatory. 

Signatory means a handler who is 

party to this agreement. 

§ 970.27 USDA. 

USDA means the United States 

Department of Agriculture, including 

any officer, employee, service, program 

or branch of the Department of 

Agriculture, or any other person acting 

as the Secretary’s agent or representative 

in connection with any provisions of 

this part. 

§ 970.28 Zone. 

Zone means the applicable one of the 

following described subdivisions of the 

production area or such other 

subdivision as recommended by the 

Committee and approved by the 

Secretary: 

(a) Zone 1 shall include the states of 

California, Washington, Oregon, Hawaii, 

and Alaska. 

(b) Zone 2 shall include the states of 

Arizona, Montana, North Dakota, 

Wyoming, South Dakota, Idaho, Nevada, 

and Utah. 

(c) Zone 3 shall include the states of 

New Mexico, Colorado, Nebraska, 

Minnesota, Iowa, Kansas, Oklahoma, 

Texas, Missouri, Arkansas, and 

Louisiana. 

(d) Zone 4 shall include the states of 

Wisconsin, Michigan, Ohio, Illinois, 

Indiana, Kentucky, Tennessee, 

Mississippi, Alabama, and Georgia. 

(e) Zone 5 shall include the states of 

Maine, New Hampshire, Vermont, New 

York, Connecticut, Massachusetts, 

Pennsylvania, New Jersey, West 

Virginia, Virginia, Maryland, Delaware, 

Rhode Island, North Carolina, South 

Carolina, Florida, and the District of 

Columbia. 

Purpose 

§ 970.35 Purpose 

The purposes of this marketing 

agreement are: to provide a mechanism 


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to enable leafy green handlers to 

organize; to enhance the quality of fresh 

leafy green vegetable products available 

in the marketplace through the 

application of good agricultural 

production and handling practices; to 

implement a uniform, auditable, 

science-based food quality verification 

program; to provide for USDA 

validation and verification of program 

compliance; to foster greater 

collaboration with local, state and 

federal regulators; and, to improve 

consumer confidence in leafy green 

vegetables. 

Leafy Green Vegetable Administrative 

Committee 

§ 970.40 Establishment and membership. 

A National Leafy Green Vegetable 

Administrative Committee (hereinafter 

referred to as Committee) is hereby 

established to administer the terms and 

provisions of this agreement. 

(a) Such Committee shall consist of 

twenty-three members, each of whom 

shall have an alternate who shall have 

the same qualifications as the member 

for whom he or she is an alternate. 

Committee membership shall be 

allocated as follows: 

(1) Four handlers and two producers 

from Zone 1; 

(2) Three handlers and one producer 

from Zone 2; 

(3) Two handlers and one producer 

from Zone 3; 

(4) Two handlers and one producer 

from Zone 4; 

(5) Two handlers and one producer 

from Zone 5; 

(6) One retail representative from the 

production area; 

(7) One foodservice representative 

from the production area; 

(8) One public member from the 

production area; and, 

(9) One importer from the production 

area. 

(b) A majority of the producer 

members of the Committee shall not 

otherwise be engaged in the handling of 

leafy green vegetables or the 

manufacturing of fresh-cut, packaged 

leafy green products, and two producers 

must be small producers as defined in 

the rules and regulations. Furthermore, 

at least four handler members must be 

engaged in the manufacturing of freshcut leafy green products. 

(c) The Secretary, upon 

recommendation of the Committee, may 

reapportion members among zones, may 

change the number of members and 

alternates, and may change the 

composition by changing the ratio of 

members, including their alternates. In 

recommending any such changes, the 

following shall be considered: 

(1) Shifts in production within zones 

during recent years; 

(2) The importance of new production 

in its relation to existing zones; 

(3) The equitable relationship 

between membership and zones; 

(4) Economies to result in promoting 

efficient administration due to rezoning 

or reapportionment of membership 

among the zones; and, 

(5) Other relevant factors. 

§ 970.41 Eligibility. 

(a) Each producer or handler member 

of the Committee and their alternate 

member shall be, at the time of his or 

her selection and throughout his or her 

term of office, a producer or a handler, 

or an officer or employee of a producer 

or handler in the zone for which 

selected. 

(b) All handler members and their 

alternates must be signatories. 

(c) The retail, foodservice, and public 

members and their alternate members 

may not be engaged in the production 

or handling of leafy green vegetables. 

The retail and foodservice members and 

alternates shall be, at the time of their 

selection and throughout their term of 

office, an owner, officer or employee for 

the seat selected. 

§ 970.42 Term of office. 

Members and alternate members of 

the Committee shall serve for terms of 

two (2) years beginning on April 1 and 

ending on March 31. Each member and 

alternate member shall continue to serve 

until a successor is selected and has 

qualified. Members shall not serve more 

than three (3) consecutive two-year 

terms of office or for a total of six (6) 

consecutive years. 

§ 970.43 Nominations. 

Nomination of Committee members 

and alternates shall follow the 

procedure set forth in this section or as 

may be changed as recommended by the 

Committee and approved by the 

Secretary. 

(a) Initial members. Nominations for 

each of the initial producer and handler 

members and alternate members of the 

Committee shall be conducted by the 

Secretary by means of meetings of 

producer and handler representatives, 

by mail, or by any other form of 

electronically verifiable communication. 

Once selected and appointed by the 

Secretary, the producer and handler 

members shall nominate the retail, 

foodservice, importer and public 

members and alternate members, subject 

to final selection and appointment by 

the Secretary. 

(b) Successor members. Subsequent to 

the nomination and selection of the 

initial committee members and alternate 

members, nomination and selection of 

committee members and alternate 

members shall be pursuant to 

procedures recommended by the 

Committee and approved by the 

Secretary: Provided, that such 

procedures include the following: 

(1) Only persons eligible to serve on 

the Committee shall be eligible to 

nominate and vote for committee 

members and alternate members; 

(2) Committee producer and handler 

members and alternate members shall 

be nominated by zone; 

(3) Each producer or handler shall 

have but one vote, and may vote in only 

one zone in which he or she is a 

producer or handler; 

(4) All producer and handler member 

and alternate member nominations shall 

be certified by the Committee to the 

Secretary prior to the beginning of each 

two-year term of office, together with all 

necessary data and other information 

deemed by the Committee to be 

pertinent or requested by the Secretary. 

From these nominations, the Secretary 

shall select the producer and handler 

members and alternate members of the 

Committee; and 

(5) The producer and handler 

members of the Committee shall 

nominate the retail, foodservice, 

importer and public members and 

alternate members. 

(6) The Committee shall prescribe 

such additional qualifications, 

administrative rules and procedures for 

selection and voting for each candidate 

as it deems necessary and as the 

Secretary approves. 

(c) Acceptance. Each person to be 

selected by the Secretary as a member 

or as an alternate member of the 

Committee shall, prior to such selection, 

qualify by advising the Secretary that if 

selected, such person agrees to serve in 

the position for which that nomination 

has been made. 

(d) Failure to nominate. If 

nominations are not made within the 

time and manner specified in this part, 

the Secretary may, without regard to 

nominations, select the Committee 

members and alternate members on the 

basis of the representation provided for 

in § 970.40. 

(e) Vacancies. To fill a vacancy on the 

Committee occasioned by the failure of 

any person selected as member or 

alternate member to qualify, or in the 

event of the death, removal, resignation, 

or disqualification of any member or 

alternate member, a successor for the 

unexpired term of such member or 

alternate member shall be nominated 

and selected in the manner specified in 

paragraphs (b) and (c) of this section. If 


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the names of nominees to fill any such 

vacancy are not made available to the 

Secretary within a reasonable time after 

such vacancy occurs, the Secretary may 

fill such vacancy without regard to 

nominations on the basis of 

representation provided for in § 970.40. 

§ 970.44 Alternate members. 

An alternate for a member shall act in 

the place and stead of such member 

during the member’s absence, or in the 

event of the member’s removal, 

resignation, disqualification or death, 

until a successor for such member’s 

unexpired term has been selected and 

has qualified. In the event both a 

member and his/her alternate are unable 

to attend a meeting, the member or the 

Committee members of that group and 

zone present may designate any other 

alternate to serve in such member’s 

place and stead. 

§ 970.45 Technical Review Board. 

A Technical Review Board is hereby 

established for the purpose of assisting 

the Committee in developing audit 

metrics in § 970.67 and any other 

function that the Committee may 

recommend and the Secretary approve. 

The Technical Review Board shall 

consist of 13 members as follows: 1 

representative from each zone who is 

elected by the Committee producer and 

handler members from the 

corresponding zone; 1 produce food 

safety expert from a land grant 

university within each zone elected by 

the producer and handler members from 

the corresponding zone; 1 representative 

from USDA Natural Resources 

Conservation Service (NRCS) appointed 

by the Secretary; 1 representative of the 

US Environmental Protection Agency 

(EPA) designated by the Administrator, 

and 2 representatives from FDA 

designated by the Commissioner. The 

Technical Review Board may appoint 

subcommittees as necessary to facilitate 

input and review from regions 

throughout the production area. 

Subcommittees may consist of 

producers, handlers, and other 

interested parties as deemed appropriate 

by the Technical Review Board. 

§ 970.46 Market Review Board. 

A Market Review Board is hereby 

established for the purpose of providing 

advice to the Committee on retail, food 

service, and consumer issues that 

should be addressed to maximize 

consumer confidence through market 

acceptance and recognition of the 

program. The Market Review Board 

shall be appointed by the Committee 

and shall consist of 9 non-voting 

members as follows: 2 representatives of 

retail grocers; 2 representatives from 

food service companies; 3 consumers, 

and 2 representatives from land grant 

universities with expertise in fresh 

vegetable marketing, economics, or 

consumer acceptance. The Committee 

may additionally appoint 

representatives from consumer, retail, or 

foodservice organizations. 

§ 970.47 Compensation and expenses. 

All committee members, alternate 

members, and subcommittee members 

shall serve without compensation, but 

shall be reimbursed for necessary and 

reasonable expenses incurred in the 

performance of their duties under this 

part. 

§ 970.48 Procedure. 

(a) A majority of all the members of 

the Committee shall constitute a 

quorum: Provided, that each zone shall 

be represented by at least one member 

or his or her alternate at any meeting of 

the full Committee. Committee action 

shall require the concurrence of a 

majority of the members except that 

acceptance of Good Agricultural, 

Handling and Manufacturing Practices; 

assessment rates and termination of the 

agreement must be approved by a 2⁄3

majority of the Committee. 

(b) In the event that a member of the 

Committee and alternate are unable to 

attend the meeting, the member or the 

Committee may designate any other 

alternate from the same zone or group 

(handler, producer) who is present at 

the meeting to serve in the member’s 

place. 

(c) The Committee shall give to the 

Secretary the same notice of each 

meeting that is given to the members of 

the Committee. 

(d) The Committee may vote by 

telephone or other means of 

communication and any votes so cast 

shall be confirmed promptly in writing: 

Provided, that if an assembled meeting 

is held, all votes shall be cast in person. 

A videoconference shall be considered 

an assembled meeting and all votes 

shall be considered as cast in person. 

§ 970.49 Powers. 

The Committee shall have the 

following powers: 

(a) To administer the agreement in 

accordance with its terms and 

provisions; 

(b) To make such rules and 

regulations, with the approval of the 

Secretary, as may be necessary to 

effectuate the terms and provisions of 

the agreement; 

(c) To adopt, with the approval of the 

Secretary after notice and comment, 

audit metrics to administer the terms 

and provisions in §§ 970.9, 970.10, 

970.66, and 970.67; 

(d) To collaborate with existing state 

boards, commissions and agreements 

through memorandum of understanding 

to affect the purposes of the agreement; 

(e) To receive, investigate, and report 

to the Secretary complaints of violation 

of the provisions of the agreement; and, 

(f) To recommend to the Secretary 

amendments to the agreement. 

§ 970.50 Duties. 

The Committee shall have, among 

others, the following duties: 

(a) To act as intermediary between the 

Secretary and any signatory with respect 

to the operations of the agreement; 

(b) To select from among its members 

a chairperson and such other officers as 

may be necessary, and to define the 

duties of such officers; 

(c) To establish subcommittees and 

advisory boards to aid the Committee in 

the performance of its duties under the 

agreement; 

(d) To adopt such bylaws for the 

conduct of its business as it may deem 

advisable; 

(e) To keep minutes, books, and 

records which clearly reflect all the acts 

and transactions of the Committee and 

subcommittees, and these shall be 

subject to examination by the Secretary 

at any time; 

(f) To appoint such employees or 

agents as it may deem necessary, and to 

determine the compensation and define 

the duties of each; 

(g) To cause its financial statements to 

be audited by a certified public 

accountant at least once each crop year 

and at such other times as the 

Committee may deem necessary or as 

the Secretary may request. Such audit 

shall include an examination of the 

receipt of assessments and the 

disbursement of all funds. The 

Committee shall provide the Secretary 

with a copy of all audits and shall make 

copies of such audits, after the removal 

of any confidential information that may 

be contained in them, available for 

examination at the offices of the 

Committee; 

(h) To investigate the production, 

handling and marketing of leafy green 

vegetables and to assemble data in 

connection therewith; and, 

(i) To furnish such available 

information as may be deemed pertinent 

or as requested by the Secretary. 

Expenses and Assessments 

§ 970.55 Expenses. 

The Committee is authorized to incur 

such expenses as the Secretary finds are 

reasonable and likely to be incurred by 

it during each crop year for the 


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maintenance and functioning of the 

Committee, including the payment of 

audit and inspection fees, and for such 

other purposes as the Secretary may, 

pursuant to the provisions of this part, 

determine to be appropriate. Such 

expenses shall be paid from assessments 

received pursuant to § 970.56 and other 

funds available to the Committee. 

§ 970.56 Assessments. 

(a) Each first handler shall pay to the 

Committee such handler’s pro rata share 

of the Committee’s expenses authorized 

by the Secretary for each crop year. The 

payment of assessments for the 

maintenance and functioning of the 

Committee, as described in § 970.55, 

Expenses, may be required under this 

part throughout the period it is in effect 

irrespective of whether particular 

provisions thereof are suspended or 

become inoperative. 

(b) Based upon recommendation of 

the Committee, or other available data, 

the Secretary shall fix a base rate of 

assessment for all leafy green vegetables 

or products that first handlers shall pay 

during each crop year. The Committee 

may also recommend and the Secretary 

may approve supplemental assessments, 

but no combination of assessment and 

supplemental assessments may exceed 

the cap established in § 970.56(d). 

(c) Any signatories who are not first 

handlers shall pay inspection service 

fees based on time and travel as 

approved by the Committee. 

(d) Based on the recommendation of 

the Committee or other available data, 

the Secretary may change or modify the 

base rate classification defined in this 

section. The assessment shall be set at 

the lowest rate practical to carry out the 

objectives of the agreement. At no time 

shall the assessment rate exceed $0.05 

per 24 pound carton or equivalent. 

(e) Any assessment not paid by a 

handler within a period of time 

prescribed by the Committee may be 

subject to an interest or late payment 

charge, or both. The period of time, rate 

of interest and late payment charge shall 

be as recommended by the Committee 

and approved by the Secretary. 

Subsequent to such approval, all 

assessments not paid within the 

prescribed period of time shall be 

subject to an interest or late payment 

charge or both. 

(f) In order to provide funds for the 

administration of this part, the 

Committee may accept but not require, 

advance payments of assessments, 

which shall be credited toward 

assessments levied against such handler 

during the crop year. The Committee 

may also borrow money for such 

purposes when assessment and reserve 

funds are not sufficient to cover them. 

§ 970.57 Accounting. 

(a) If, at the end of a crop year, the 

assessments collected are in excess of 

expenses incurred, the Committee, with 

the approval of the Secretary, may carry 

over such excess into subsequent crop 

years as an operating monetary reserve, 

except that funds already in such 

reserve shall not exceed approximately 

two (2) fiscal periods’ budgeted 

expenses, or such lower limits as the 

Committee, with the approval of the 

Secretary, may establish. Funds in such 

reserve shall be available for use by the 

Committee for expenses authorized 

pursuant to § 970.55 and to cover 

necessary expenses of liquidation in the 

event of termination of this part. If any 

such excess is not retained in a reserve, 

each handler entitled to a proportionate 

refund shall be credited with such 

refund against the operations of the 

following crop year, or be paid such 

refund. 

(b) Upon termination of this part, any 

refunds not required to defray the 

necessary expenses of liquidation shall 

be used, to the extent practicable, to 

fulfill any obligations under § 970.75, 

Research and promotion. 

§ 970.58 Contributions. 

The committee may accept voluntary 

contributions but these shall only be 

used to pay expenses incurred pursuant 

to § 970.75, Research and promotion. 

Furthermore, such contributions shall 

be free from any encumbrances by the 

donor and the committee shall retain 

complete control of their use. 

Duties and Responsibilities of 

Signatories 

§ 970.65 Signatory parties. 

No signatory to this agreement shall 

handle leafy green vegetables for human 

consumption unless such are verified as 

meeting the provisions of this part. This 

verification shall take the form of an 

official audit conducted by the 

inspection service. 

§ 970.66 Verification audits. 

(a) GAP audits. 

(1) Signatory handlers shall ensure 

that any leafy green vegetables handled 

by their operation have been subject to 

GAP validation and verification audits. 

Such audits shall verify that such 

product was produced under auditable 

conditions that meet production and 

harvest requirements as outlined in the 

GAPs (§ 970.9) and as further defined in 

any applicable audit metrics provided 

for under § 970.67. 

(2) No signatory handlers subject to 

the provisions of this agreement shall 

receive leafy green vegetables produced 

in foreign countries that have not been 

subject to GAP validation and 

verification audits by USDA licensed 

inspectors. Such audits shall verify that 

such product was produced under 

auditable conditions that meet 

production and harvest requirements as 

outlined in the GAPs (§ 970.9) and as 

further defined in any applicable audit 

metrics provided for under § 970.67. 

(b) GHP or GMP audits. 

(1) All signatory handlers shall be 

subject to audit verifications. Such 

audits shall verify that such signatories 

operate under auditable conditions that 

meet requirements outlined in the GHPs 

or GMPs, (§ 970.9 and § 970.10) and as 

further defined in any applicable audit 

metrics provided for under § 970.67. 

(2) No signatory handlers subject to 

the provisions of this agreement shall 

receive leafy green vegetables from 

handlers in foreign countries that have 

not been subject to GHP, GMP 

validation and verification audits by 

Inspection Service or the FDA. Such 

audits shall verify that such product 

was produced under auditable 

conditions that meet production and 

harvest requirements as outlined in the 

GAPs (§ 970.9) and as further defined in 

any applicable audit metrics provided 

for under § 970.67. 

(c) All audits shall be conducted by 

the Inspection Service, and certified as 

to meeting the regulations of this part. 

(d) Audits shall be conducted on a 

regular schedule that ensures every 

handler is audited during their 

corresponding production season. In 

addition, random unannounced audits 

of handlers and associated producers 

will also be performed during the 

production season in each zone. 

§ 970.67 Audit metrics. 

Audit metrics shall be recommended 

by the Committee to USDA for approval 

after consultation with the Technical 

Review Board. 

(a) GAP audit metrics. GAP audit 

metrics shall include verification related 

but not limited to: Water quality, soil 

amendments, machine harvest, hand 

harvest (including direct contact with 

soil during harvest), transfer of human 

pathogens by field workers, field 

sanitation, equipment-facilitated cross 

contamination, flooding, water usage to 

prevent dehydration, and production 

location concerns, including climatic 

conditions and environment, and 

encroachment by animals of significant 

risk and urban settings, or any other 

factors defined under § 970.9, or as 


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recommended by the Committee and 

approved by the Secretary. 

(b) GHP or GMP audit metrics. Such 

audit metrics shall include verification 

of process controls related but not 

limited to: 

(1) Post-harvest handling process: 

Cooling, water, reuse of field containers, 

bulk-bin modified atmosphere process, 

condition and sanitation of 

transportation vehicles, and employee 

hygiene. 

(2) Handling and manufacturing 

process: Wash water, wash system 

capacity, bulk-bin modified atmosphere 

process, condition and sanitation of 

transportation vehicles, and employee 

hygiene, labeling of Raw Agricultural 

Commodity (RAC) versus ready-to-eat 

(RTE) products, and finished product 

packaging. 

(3) Distribution handling process: 

Condition and sanitation of 

transportation vehicles, condition and 

sanitation of distribution/cooler 

facilities, and temperature measurement 

of product. 

(4) Any other factors defined under 

§ 970.9 and § 970.10, or as 

recommended by the Committee and 

approved by the Secretary. 

(c) Critical limits for process controls 

for each of the quality factors identified 

in the audit metrics shall be prescribed 

by USDA in consultation with FDA and 

any other federal or state regulatory 

body administering regulations 

impacted by the provisions of this 

agreement; shall incorporate Committee 

recommendations with regard to 

industry production, harvest and 

handling technologies; shall be based on 

sound scientific practices; and shall be 

approved by the Secretary. 

(d) Audit metrics may be developed 

and recommended to accommodate 

differences in production and handling 

environments of different regions and 

different leafy green vegetable products. 

(e) The committee may, at any time, 

recommend changes to the audit metrics 

after consultation with the Technical 

Review Board for approval by the 

Secretary. 

(f) The Committee shall recommend, 

to the Secretary, for approval, a 

schedule for review of audit metrics 

such that audit metrics are reviewed a 

minimum of once every three years to 

ensure that they continually reflect the 

best industry practices, scientific 

information and industry knowledge. 

§ 970.68 Traceability. 

(a) The traceability of leafy green 

products subject to the terms of this 

agreement shall be established at all 

stages of production, processing, and 

distribution. 

(b) Signatory handlers shall have the 

ability to track their products from their 

supplier(s) to their customer(s). To this 

end, signatory handlers shall have in 

place systems and procedures which 

allow for this information to be made 

available for verification by the 

Inspection Service. 

(c) Documents necessary for 

verification shall be maintained for two 

years. 

§ 970.69 Official certification mark. 

(a) USDA will obtain and grant to the 

Committee the use of a U.S. registered 

certification mark that will be the 

agreement’s official mark (mark). This 

mark will be licensed to signatories who 

comply with the terms of this 

agreement. Signatories shall use the 

mark in accordance with this section 

and shall use the mark consistent with 

the mark registration. 

(b) The Committee may license 

signatories to affix the official 

certification mark to bills of lading or 

manifests, subject to the verification, 

suspension, revocation requirements, or 

any other such uses recommended by 

the Committee and approved by the 

Secretary to carry out the purposes of 

this Agreement. A signatory’s 

compliance with the regulations under 

this Agreement is a condition precedent 

and subsequent to the signatory’s 

entitlement to use the mark. 

§ 970.70 Administrative review. 

Any signatory denied the use of the 

official certification mark may request 

an administrative review if it is believed 

that a material fact of the original 

verification audit was misinterpreted. 

Administrative reviews would be 

conducted in accordance with the 

USDA audit verification procedures for 

any audit program in effect under this 

agreement. Any financially interested 

person may request an administrative 

review if it is believed that the original 

audit verification is in error. The person 

requesting the review would pay the 

cost of the review. The review results 

shall be issued to the person making the 

request. 

§ 970.71 Modification or suspension of 

regulations. 

(a) In the event that the Committee, at 

any time, finds that the provisions 

contained under this part should be 

modified or suspended, it shall by vote 

of a concurring majority of its members, 

so recommend to the Secretary. 

(b) Whenever the Secretary finds from 

the recommendations and information 

submitted by the Committee or from 

other available information, that the 

provisions of this part should be 

modified, suspended, or terminated in 

order to effectuate the declared policy of 

the Act, the Secretary shall modify or 

suspend such provisions. If the 

Secretary finds that a regulation 

obstructs or does not tend to effectuate 

the declared policy of the Act, the 

Secretary shall suspend or terminate 

such regulation. 

(c) The Committee, with the approval 

of the Secretary, may issue rules and 

regulations implementing this part. 

§ 970.72 Exemptions. 

The Committee, with the approval of 

the Secretary, may establish such rules, 

regulations, and safeguards that exempt 

from any or all requirements pursuant to 

this part such quantities of leafy green 

vegetables or products as do not 

interfere with the objectives of this part, 

and shall require such reports, 

certifications, or other conditions as are 

necessary to ensure that such leafy 

green vegetables are handled or used 

only as authorized. 

Research and Promotion 

§ 970.75 Research and promotion. 

The Committee, with the approval of 

the Secretary, may establish or provide 

for the establishment of marketing 

research, and development projects, 

and/or promotional activities, including 

paid advertising, designed to assist, 

improve, or promote the efficient 

adoption, implementation, and 

marketplace acceptance of the 

agreement and of leafy green vegetables 

or products handled by signatory 

members. The expenses of such projects 

shall be budgeted and paid from funds 

collected pursuant to § 970.56. 

Reports and Records 

§ 970.80 Reports and recordkeeping. 

(a) Each handler shall report 

acquisitions of all leafy green vegetables 

or products and such other reports or 

information as may be necessary to 

enable the Committee to carry out the 

provisions of this part. 

(b) Each handler shall maintain 

records of all receipts and acquisitions 

of leafy green vegetables or products, 

and all documentation relating to the 

verification audit reports. Such records 

shall be maintained for at least two 

years after the crop year of their 

applicability. Such recordkeeping shall 

be sufficient to document and 

substantiate the handler compliance 

with this part. 

(c) The Committee shall maintain 

copies of audit reports. 

§ 970.81 Confidential information. 

All reports and records furnished or 

submitted by handlers to the Committee 


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which include data or proprietary 

information constituting a trade secret, 

or disclosing a trade position, financial 

condition, or business operations of the 

particular handlers or their customers, 

shall be received by, and at all times 

kept in the custody and control of, one 

or more employees of the Committee, 

who shall disclose such data and 

information to no person except the 

Secretary. However, such data or 

information may be disclosed only with 

the approval of the Secretary, to the 

Committee, when reasonably necessary 

to enable the Committee to carry out its 

functions under this part. 

§ 970.82 Verification of reports. 

For the purpose of checking and 

verifying reports filed by signatories, 

authorized agents or employees of the 

Committee, and the Secretary shall have 

access to any premises of any signatory 

at any time during reasonable business 

hours to verify compliance with the 

requirements of the agreement. For the 

purpose of checking and verifying GAP 

compliance, authorized agents or 

employees of the Committee and the 

Secretary shall have access to audit 

verification records. 

§ 970.83 Compliance. 

Compliance with the provisions of 

this agreement will be overseen by the 

Committee and any staff hired or 

appointed to undertake this 

responsibility. In conjunction with 

USDA, the Committee shall establish a 

policy for signatory handlers for nonconformities identified through 

verification audits: 

(a) A signatory shall be subject to 

withdrawal of audit services, shall lose 

the privilege of the use of the official 

certification mark, and may be subject to 

misbranding or trademark violations, if 

the signatory: 

(1) Produces or acquires leafy green 

vegetables or products without an 

inspection service verification audit, 

pursuant to § 970.9 and § 970.10. 

(2) Fails to obtain audit verification 

on the production, handling or 

manufacturing of leafy green vegetable 

or products, pursuant to § 970.66, and 

ships such vegetables or products for 

human consumption; 

(3) Ships or places into the current of 

commerce leafy green vegetables or 

products that fail to meet requirements 

under this agreement, pursuant to 

§ 970.66 and § 970.67, for human 

consumption; 

(4) Commingles leafy green vegetables 

that fail to meet the requirements of this 

agreement with leafy green vegetables 

verified to meet the requirements of the 

agreement and ships the commingled lot 

for human consumption; 

(5) Fails to maintain and provide 

access to records, pursuant to § 970.80; 

or 

(6) Otherwise violates any provision 

of this part. 

(b) Any lot or portion thereof of leafy 

green vegetables which is deemed an 

immediate threat to public health by 

Inspection Service staff during the 

course of a verification audit shall be 

reported by USDA to FDA 

(c) Failure to comply with the 

provisions of this agreement may also 

result in additional remedies or 

penalties, such as injunctive relief, as 

authorized under the Act. 

Miscellaneous 

§ 970.85 Effective time. 

The provisions of this part, as well as 

any amendments, shall apply to 2010– 

2011 and subsequent crop year leafy 

green vegetables and shall continue in 

force and effect until modified, 

suspended, or terminated. 

§ 970.86 Rights of the Secretary. 

Members and alternates of the 

Committee, subcommittees, advisory 

boards, and any agents, employees, or 

representatives thereof, shall be subject 

to removal or suspension by the 

Secretary at any time. Each and every 

decision, determination, and other act of 

the Committee shall be subject to the 

continuing right of the disapproval by 

the Secretary at any time. Upon such 

disapproval, the disapproved action of 

the Committee shall be deemed null and 

void. 

§ 970.87 Personal liability. 

No member or alternate member of 

the Committee, and no employee or 

agent of the Committee, shall be held 

personally responsible, either 

individually or jointly with others, in 

any way whatsoever, to any person for 

errors in judgment, mistakes, or other 

acts, either of commission or omission, 

as such member, alternate, employee, or 

agent, except for acts of dishonesty, 

willful misconduct, or gross negligence. 

§ 970.88 Separability. 

If any provision of this part is 

declared invalid or the applicability 

thereof to any person, circumstance, or 

thing is held invalid, the validity of the 

remainder of this part or the 

applicability thereof to any other 

person, circumstance, or thing shall not 

be affected thereby. 

§ 970.89 Derogation. 

Nothing contained in this part is, or 

shall be construed to be, in derogation 

or in modification of the rights of the 

Secretary or of the United States (a) to 

exercise any powers granted by the Act 

or otherwise, or (b) in accordance with 

such powers, to act in the premises 

whenever such action is deemed 

advisable. 

§ 970.90 Duration of immunities. 

The benefits, privileges, and 

immunities conferred upon any person 

by virtue of this part shall cease upon 

its termination, except with respect to 

acts done under and during the 

existence of this part. 

§ 970.91 Agents. 

The Secretary may, by designation in 

writing, name any officer or employee of 

the United States, or name any agency 

or division in the USDA, to act as the 

Secretary’s agent or representative in 

connection with any of the provisions of 

this part. 

§ 970.92 Suspension or termination. 

(a) The Secretary may at any time 

terminate the provisions of this part. 

(b) The Secretary shall terminate or 

suspend the operations of any or all of 

the provisions of this part whenever it 

is found that such provisions do not 

tend to effectuate the declared policy of 

the Act. 

(c) The provisions of this part shall, 

in any event, terminate whenever the 

provisions of the Act authorizing them 

cease. 

§ 970.93 Proceedings upon termination. 

Upon the termination of this part, the 

members of the Committee then 

functioning shall continue as joint 

trustees, for the purpose of liquidating 

the affairs of the Committee. Action by 

such trustees shall require the 

concurrence of a majority of said 

trustees. Such trustees shall continue in 

such capacity until discharged by the 

Secretary, and shall account for all 

receipts and disbursements and deliver 

all property on hand, together with all 

books and records of the Committee and 

the joint trustees, to such persons as the 

Secretary may direct; and shall upon the 

request of the Secretary, execute such 

assignments or other instruments 

necessary or appropriate to vest in such 

person full title and right to all the 

funds, properties, and claims vested in 

the Committee or the joint trustees, 

pursuant to this part. Any person to 

whom funds, property, or claims have 

been transferred or delivered by the 

Committee or the joint trustees, 

pursuant to this section, shall be subject 

to the same obligations imposed upon 

the members of said Committee and 

upon said joint trustees. 


sroberts on DSKD5P82C1PROD with PROPOSALS
45574 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Proposed Rules 

§ 970.94 Effect of termination or 

amendment. 

Unless otherwise expressly provided 

by the Secretary, the termination of this 

part or any regulation issued pursuant 

thereto, or the issuance of any 

amendment to either thereof, shall not: 

(a) Affect or waive any right, duty, 

obligation, or liability which shall have 

arisen or which may thereafter arise, in 

connection with any provisions of this 

part or any regulation issued 

thereunder; 

(b) Release or extinguish any violation 

of this part or any regulation issued; or 

(c) Affect or impair any rights or 

remedies of the Secretary, or of any 

other persons, with respect to such 

violation. 

§ 970.95 Amendments. 

Amendments to this part may be 

proposed from time to time by the 

Committee, or by any interested person 

affected by its provisions, including the 

Secretary. 

§ 970.96 Counterparts. 

This agreement may be executed in 

multiple counterparts and, when one 

counterpart is signed by the Secretary, 

all such counterparts shall constitute, 

when taken together, one and the same 

instrument as if all signatures were 

contained in one original. 

§ 970.97 Additional parties. 

After the effective date of the 

agreement, any non-signatory handler 

may become a party hereto if a 

counterpart is executed by him or her 

and delivered to the Secretary. This 

agreement shall take effect as to such 

new contracting party at the time such 

counterpart is delivered to the 

Secretary. The obligations, benefits, 

privileges, and immunities conferred by 

this agreement shall then be effective as 

to such new contracting party. 

§ 970.98 Withdrawal. 

Release from this agreement may be 

obtained, provided that a signatory 

handler is not in violation of the 

provisions of this agreement and has 

fulfilled all of his or her obligations, 

including payment of any assessments 

or charges levied pursuant to this 

agreement, under any of the following 

conditions: 

(a) A signatory handler may file with 

the Committee a written request for 

withdrawal at the close of a crop year, 

effective for the succeeding crop year. 

(b) Immediate withdrawal may be 

effectuated when a signatory handler 

ceases to be a handler of leafy green 

vegetables or products and gives notice 

thereof to the Committee in writing. 

Dated: August 31, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–21295 Filed 9–2–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0677; Airspace 

Docket No. 09–AGL–17] 

Proposed Amendment of Class E 

Airspace; Mankato, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Mankato, MN. 

Additional controlled airspace is 

necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Mankato Regional 

Airport, Mankato, MN. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rules (IFR) operations for SIAPs at 

Mankato Regional Airport. 

DATES: Comments must be received on 

or before October 19, 2009. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2009– 

0677/Airspace Docket No. 09–AGL–17, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0677/Airspace 

Docket No. 09–AGL–17.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR) part 71 by adding additional Class 

E airspace extending upward from 700 

feet above the surface for SIAPs 

operations at Mankato Regional Airport, 

Mankato, MN. Controlled airspace is 

needed for the safety and management 

of IFR operations at the airport. 

Class E airspace areas are published 

in Paragraphs 6002 and 6005 of FAA 


sroberts on DSKD5P82C1PROD with PROPOSALS