30940 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Proposed Rules 

§ 1212.82 Suspension or termination. 

The Secretary shall suspend or 

terminate the operation of this part or 

subpart or any provision thereof, if the 

Secretary finds that this part or subpart 

or the provision obstructs or does not 

tend to effectuate the declared policy of 

the Act. 

§ 1212.83 Proceedings after termination. 

(a) If this subpart terminates, the 

Board shall recommend to the Secretary 

up to five of its members to serve as 

trustees for the purpose of liquidating 

the Board’s affairs. Such persons, upon 

designation by the Secretary, will 

become trustees of any funds and 

property the Board possesses or controls 

at that time and any existing claims it 

has, including, without limitation, 

claims for any unpaid or undelivered 

funds or property. 

(b) The trustees will: 

(1) Serve until discharged by the 

Secretary; 

(2) Carry out the Board’s obligations 

under any contracts or agreements 

entered into pursuant to the Order; 

(3) Account from time to time for all 

receipts and disbursements and deliver 

all property on hand, together with all 

the Board’s and trustees’ books and 

records to any person the Secretary 

directs; and 

(4) Execute at the Secretary’s direction 

any assignments or other instruments 

necessary or appropriate to vest in any 

person full title and right to all of the 

funds, property, and claims owned by 

the Board or the trustees under this 

subpart. 

(c) Any person to whom funds, 

property, or claims have been 

transferred or delivered pursuant to the 

Order will be subject to the same 

obligations imposed upon Board and the 

trustees. 

(d) Any residual funds not required to 

defray the necessary expenses of 

liquidation shall be turned over to the 

Department to be disposed of, to the 

extent practical, to one or more honey 

industry organizations in the interest of 

continuing honey promotion, research, 

and information programs. 

§ 1212.84 Effect of termination or 

amendment. 

Unless otherwise expressly provided 

by the Secretary, terminating or 

amending this subpart or any regulation 

issued under it will not: 

(a) Affect or waive any right, duty, 

obligation, or liability that arose or may 

arise in connection with any provision 

of this part; 

(b) Release or extinguish any violation 

of this part; or 

(c) Affect or impair any rights or 

remedies of the United States or any 

person with respect to any violation. 

§ 1212.85 Personal liability. 

No member, alternate member, or 

employee of the Board may 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 a member, alternate member, or 

employee, except for acts of dishonesty 

or willful misconduct. 

§ 1212.86 Separability. 

If any provision of this subpart is 

declared invalid or the applicability of 

it to any person or circumstance is held 

invalid, the validity of the remainder of 

this subpart, or the applicability of it to 

other persons or circumstances will not 

be affected. 

§ 1212.87 Amendments. 

Amendments to this Order may be 

proposed from time to time by the Board 

or any interested person affected by the 

provisions of the Act, including the 

Department. 

§ 1212.88 OMB control number. 

The control number assigned to the 

information collection requirements in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35, is OMB control 

number 0505–0001, OMB control 

number 0581–0217, and OMB control 

number 0581–[NEW, to be assigned by 

OMB]. 

Subpart B—[Reserved] 

Dated: May 29, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–2737 Filed 6–1–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1212 

[Docket No. AMS–FV–06–0176; FV–03–704–

PR–1B] 

RIN 0581–AC37 

Honey Packers and Importers 

Research, Promotion, Consumer 

Education and Industry Information 

Order; Referendum Procedures 

AGENCY: Agricultural Marketing Service, 

Agriculture, USDA. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The purpose of this rule is to 

establish procedures which the 

Department of Agriculture (USDA or the 

Department) will use in conducting a 

referendum to determine whether the 

issuance of the proposed Honey Packers 

and Importers Research, Promotion, 

Consumer Education and Industry 

Information Order (Order) is favored by 

first handlers and importers of honey or 

honey products. The Order will be 

implemented if it is approved by a 

majority of the eligible first handlers 

and importers voting in the referendum, 

who also represent a majority of the 

volume of honey and honey products 

handled and imported during the 

representative period. These procedures 

would also be used for any subsequent 

referendum under the Order, if it is 

approved in the initial referendum. The 

proposed Order is being published 

separately in this issue of the Federal 

Register. This proposed program would 

be implemented under the Commodity 

Promotion, Research, and Information 

Act of 1996. 

DATES: Comments must be received by 

August 3, 2007. Pursuant to the 

Paperwork Reduction Act, comments on 

the information collection burden that 

would result from this proposal must be 

received by August 3, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments can be 

made on the Internet at http:// 

www.regulations.gov or to the Research 

and Promotion Branch, Fruit and 

Vegetable Programs, Agricultural 

Marketing Service, USDA, Stop 0244, 

Room 0634–S, 1400 Independence 

Avenue, SW., Washington, DC 20250–

0244; Fax (202) 205–2800. Comments 

should reference the docket number, 

title of action, date, and page number of 

this issue of the Federal Register and 

will be made available for public 

inspection at the above address during 

regular business hours. 

Pursuant to the Paperwork Reduction 

Act (PRA), send comments regarding the 

accuracy of the burden estimate, ways to 

minimize the burden, including the use 

of automated collection techniques or 

other forms of information technology, 

or any other aspect of this collection of 

information, to the above address and to 

the Desk Office for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Room 725, Washington, DC 

20503. 


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FOR FURTHER INFORMATION CONTACT: 

Sonia Jimenez, Chief, Research and 

Promotion Branch, FV, AMS, USDA, 

Stop 0244, Room 0634–S, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0244; telephone 

202–720–9915 or (888) 720–9917 (toll 

free) or e-mail sonia.jimenez@usda.gov. 

SUPPLEMENTARY INFORMATION: A 

referendum will be conducted among 

eligible first handlers and importers of 

honey or honey products to determine 

whether they favor issuance of the 

proposed Honey Packers and Importers 

Research, Promotion, Consumer 

Education and Industry Information 

Order (Order) [7 CFR part 1212]. The 

program will be implemented if it is 

approved by a majority of the first 

handlers and importers voting in the 

referendum, who also represent a 

majority of the volume of honey and 

honey products handled and imported 

during the representative period. The 

Order is authorized under the 

Commodity Promotion, Research, and 

Information Act of 1996 (Act) [7 U.S.C. 

7411–7425]. It would cover domestic 

first handlers and importers of honey 

and honey products of 250,000 pounds 

or more. A proposed Order is being 

published separately in this issue of the 

Federal Register. 

Executive Order 12866 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by 

OMB. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have retroactive effect. 

Section 524 of the Act provides that 

the Act shall not affect or preempt any 

other Federal or State law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under Section 519 of the Act, a 

person subject to an order may file a 

petition with USDA stating that an 

order, any provision of an order, or any 

obligation imposed in connection with 

an order, is not established in 

accordance with the law, and requesting 

a modification of an order or an 

exemption from an order. Any petition 

filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The Act provides 

that the district court of the United 

States for any district in which the 

petitioner resides or conducts business 

shall be the jurisdiction to review a final 

ruling on the petition, if the petitioner 

files a complaint for that purpose not 

later than 20 days after the date of entry 

of USDA’s final ruling. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601 et 

seq.], the Agency is required to examine 

the impact of the proposed rule on small 

entities. The purpose of the RFA is to 

fit regulatory actions to the scale of 

businesses subject to such action so that 

small businesses will not be 

disproportionately burdened. 

The Act, which authorizes the 

Department to consider industry 

proposals for generic programs of 

promotion, research, and information 

for agricultural commodities, became 

effective on April 4, 1996. The Act 

provides for alternatives within the 

terms of a variety of provisions. 

Paragraph (e) of Section 518 of the Act 

provides three options for determining 

industry approval of a new research and 

promotion program: (1) By a majority of 

those persons voting; (2) by persons 

voting for approval who represent a 

majority of the volume of the 

agricultural commodity; or (3) by a 

majority of those persons voting for 

approval who also represent a majority 

of the volume of the agricultural 

commodity. In addition, Section 518 of 

the Act provides for referenda to 

ascertain approval of an order to be 

conducted either prior to its going into 

effect or within three years after 

assessments first begin under an order. 

The National Honey Packers and 

Dealers Association (Association) has 

recommended that the Department 

conduct a referendum in which 

approval of an order would be based on 

a majority of the first handlers and 

importers voting who also represent a 

majority of the volume voting in the 

referendum. The Department proposes 

that a referendum be conducted prior to 

the proposed Order going into effect. 

This proposed rule would establish 

the procedures under which first 

handlers and importers of honey or 

honey products may vote on whether 

they want a honey promotion, research, 

and information program to be 

implemented. This proposal would add 

a new subpart which establishes 

procedures to conduct an initial and 

future referenda. The proposed subpart 

covers definitions, voting instructions, 

use of subagents, ballots, the 

referendum report, and confidentiality 

of information. 

There are approximately 45 first 

handlers and 30 importers of honey and 

honey products who would be subject to 

the program and eligible to vote in the 

first referendum. The Small Business 

Administration [13 CFR 121.201] 

defines small agricultural producers as 

those having annual receipts of 

$750,000 or less annually and small 

agricultural service firms as those 

having annual receipts of $6.5 million 

or less. First handlers and importers 

would be considered agricultural 

service firms. Using these criteria, most 

first handlers would be considered 

small businesses while most importers 

would not. 

National Agricultural Statistic Service 

(NASS) data reports that U.S. 

production of honey, from producers 

with five or more colonies, totaled 155 

million pounds in 2006. The top ten 

producing States in 2006 included 

North Dakota, South Dakota, California, 

Florida, Minnesota, Montana, Texas, 

Wisconsin, Idaho, and New York. To 

avoid disclosing data for individual 

operations, NASS statistics do not 

include Connecticut, Delaware, 

Maryland, Massachusetts, New 

Hampshire, Oklahoma, Rhode Island, 

and South Carolina. NASS reported the 

value of honey sold in 2006 was 

$161,314,000. Honey prices increased 

during 2006 to 104.2 cents, up 14 

percent from 91.8 cents in 2005. 

There is a current Honey Research, 

Promotion, and Consumer Information 

Program in effect. Based on the 

assessment reports in connection with 

the current honey program, four 

countries account for 72 percent of the 

honey and honey products imported 

into the United States. These countries 

and their share of the imports are: China 

(28%); Argentina (21%); Vietnam 

(13%); and Canada (10%). Other 

countries combined totaled 28 percent 

of honey and honey products imported 

to the United States. In 2006, 155 

million pounds of honey were produced 

in the United States, 279.4 million 

pounds were imported and 7.6 million 

pounds were exported. 

This proposed rule provides the 

procedures under which first handlers 

and importers of honey or honey 

products may vote on whether they 

want the Order to be implemented. In 

accordance with the provisions of the 

Act, subsequent referenda may be 

conducted, and it is anticipated that the 

proposed procedures would apply. 

There are approximately 45 first 

handlers and 30 importers who will be 

eligible to vote in the first referendum. 

First handlers and importers of less than 


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30942 Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Proposed Rules 

250,000 pounds of honey and honey 

products annually will be exempt from 

assessments and not eligible to vote in 

the referendum. 

USDA will keep these individuals 

informed throughout the program 

implementation and referendum process 

to ensure that they are aware of and are 

able to participate in the program 

implementation process. USDA will 

also publicize information regarding the 

referendum process so that trade 

associations and related industry media 

can be kept informed. 

Voting in the referendum is optional. 

However, if first handlers and importers 

choose to vote, the burden of voting 

would be offset by the benefits of having 

the opportunity to vote on whether or 

not they want to be covered by the 

program. 

The information collection 

requirements contained in this proposed 

rule are designed to minimize the 

burden on first handlers and importers. 

This rule provides for a ballot to be used 

by eligible first handlers and importers 

to vote in the referendum. The 

estimated annual cost of providing the 

information by an estimated 45 first 

handlers and for an estimated 30 

importers would be $45.00 for all first 

handlers or $1.00 per first handler and 

$30.00 for all importers or $1.00 per 

importer. 

USDA considered requiring eligible 

voters to vote in person at various 

USDA offices across the country. USDA 

also considered electronic voting, but 

the use of computers is not universal. 

Conducting the referendum from one 

central location by mail ballot would be 

more cost effective and reliable. USDA 

will provide easy access to information 

for potential voters through a toll-free 

telephone line. 

There are no federal rules that 

duplicate, overlap, or conflict with this 

rule. 

We have performed this Initial 

Regulatory Flexibility Analysis 

regarding the impact of this proposed 

rule on small entities. 

Paperwork Reduction Act 

In accordance with the OMB 

regulation [5 CFR part 1320] which 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. Chapter 35], the 

referendum ballot, which represents the 

information collection and 

recordkeeping requirements that may be 

imposed by this rule, has been 

submitted to OMB for approval. 

Title: Honey Packers and Importers 

Research, Promotion, Consumer 

Education and Industry Information 

Order. 

OMB Number: 0581—NEW. 

Expiration Date of Approval: 3 years 

from OMB date of approval. 

Type of Request: New information 

collection for research and promotion 

programs. 

Abstract: The information collection 

requirements in this request are 

essential to carry out the intent of the 

Act, to provide the respondents the type 

of service they request, and to 

administer the Order. The ballot is 

needed for the referendum that will be 

held to determine whether first handlers 

and importers are in favor of the 

program. The information collected is 

used by USDA to determine whether a 

majority of the eligible first handlers 

and importers voting in a referendum, 

who also represent a majority of the 

volume of honey and honey products 

approve of this program. 

Referendum Ballot 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 0.25 hours per 

response for each first handler and 

importer. 

Respondents: First handlers and 

importers. 

Estimated Number of Respondents: 

75. 

Estimated Number of Responses per 

Respondent: 1 every 5 years (0.2). 

Estimated Total Annual Burden on 

Respondents: 3.75 hours. 

The ballot will be added to the other 

information collections approved for 

use under OMB Number 0581—NEW. 

Comments: Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of USDA’s estimate of 

the burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments should reference OMB No. 

0581—NEW and the Honey Packers and 

Importers Research, Promotion, 

Consumer Education and Industry 

Information Order, and should be sent 

to USDA in care of Sonia Jimenez at the 

address above and the Desk Office for 

Agriculture, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Room 725, Washington, DC 

20503. 

All comments received will be 

available for public inspection during 

regular business hours at the same 

address. All responses to this proposed 

rule will be summarized and included 

in the request for OMB approval. All 

comments will also become a matter of 

the public record. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

The estimated annual cost of 

providing the information by an 

estimated 45 first handlers would be 

$45.00 or $1.00 per first handler and for 

an estimated 30 importers would be 

$30.00 or $1.00 per importer. 

A 60-day comment period is provided 

to allow interested persons to comment 

on this proposed information collection. 

Background 

The Act, which became effective on 

April 4, 1996, authorizes the 

Department to establish a national 

research and promotion program 

covering domestic and imported honey 

and honey products. The Association 

submitted an entire proposed Order on 

March 17, 2006, and modifications were 

made to the proposal to make it 

consistent with the Act. The proposal is 

being published for public comment in 

this issue of the Federal Register. 

The proposed Order would provide 

for the development and financing of an 

effective and coordinated program of 

promotion, research, and consumer and 

industry information for honey and 

honey products in the United States. 

The program would be funded by an 

assessment levied on first handlers and 

importers (to be collected by the U.S. 

Customs Service at time of entry into 

the United States) at an initial rate of 1 

cent per pound. First handlers and 

importers of less than 250,000 pounds 

of honey and honey products per year 

would be exempt from paying 

assessments. 

The assessments would be used to 

pay for promotion, research, and 

consumer and industry information; 

administration, maintenance, and 

functioning of the Honey Packers and 

Importers Board; and expenses incurred 

by the Department in implementing and 

administering the Order, including 

referendum costs. 

Section 1206 of the Act requires that 

a referendum be conducted among 

eligible first handlers and importers of 

honey or honey products to determine 


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whether they favor implementation of 

the Order. That section also requires the 

Order to be approved by a majority of 

the first handlers and importers voting, 

who also represent a majority of the 

volume of honey and honey products 

handled an imported during the 

representative period. 

This proposed rule establishes the 

procedures under which first handlers 

and importers of honey or honey 

products may vote on whether they 

want the honey packer and importer 

promotion, research, and information 

program to be implemented. There are 

approximately 75 eligible voters. 

This proposed rule would add a new 

subpart which would establish 

procedures to be used in this and future 

referenda. This subpart covers 

definitions, voting, instructions, use of 

subagents, ballots, the referendum 

report, and confidentiality of 

information. 

All written comments received in 

response to this rule by the date 

specified will be considered prior to 

finalizing this action. We encourage the 

industry to pay particular attention to 

the definitions to be sure that they are 

appropriate for the honey industry. 

List of Subjects in 7 CFR Part 1212 

Administrative practice and 

procedure, Advertising, Consumer 

education, Honey and honey products, 

Marketing agreements, Promotion, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, it is proposed that Title 7, 

Chapter XI of the Code of Federal 

Regulations be amended as follows: 

PART 1212—HONEY PACKERS AND 

IMPORTERS RESEARCH, 

PROMOTION, CONSUMER 

EDUCATION AND INDUSTRY 

INFORMATION ORDER 

1. The authority citation for part 1212, 

as proposed elsewhere in this issue of 

the Federal Register, continues to read 

as follows: 

Authority: 7 U.S.C. 7401 and 7411–7425. 

2. Part 1212, as proposed elsewhere in 

this issue of the Federal Register,is 

proposed to be amended by adding 

subpart B to read as follows: 

Subpart B—Referendum Procedures 

Sec. 

1212.100 General. 

1212.101 Definitions. 

1212.102 Voting. 

1212.103 Instructions. 

1212.104 Subagents. 

1212.105 Ballots. 

1212.106 Referendum report. 

1212.107 Confidential information. 

1212.108 OMB control number. 

Subpart B—Referendum Procedures 

§ 1212.100 General. 

Referenda to determine whether 

eligible first handlers and importers of 

honey and honey products favor the 

issuance, continuance, amendment, 

suspension, or termination of the Honey 

Packers and Importers Research, 

Promotion, Consumer Education, and 

Industry Information Order shall be 

conducted in accordance with this 

subpart. 

§ 1212.101 Definitions. 

(a) Administrator means the 

Administrator of the Agricultural 

Marketing Service, with power to redelegate, or any officer or employee of 

the U.S. Department of Agriculture to 

whom authority has been delegated or 

may hereafter be delegated to act in the 

Administrator’s stead. 

(b) Department means the U.S. 

Department of Agriculture or any officer 

or employee of the Department to whom 

authority has heretofore been delegated, 

or to whom authority may hereafter 

delegated, to act in the Secretary’s stead. 

(c) Eligible first handler means any 

person (excluding a common or contract 

carrier) who handled 250,000 or more 

pounds of domestic honey and honey 

products during the representative 

period, who first buys or takes 

possession of honey or honey products 

from a producer for marketing. If a 

producer markets the honey directly to 

consumers, the producer shall be 

considered the first handler with respect 

to the honey produced by the producer. 

(d) Eligible importer means any 

person who imports 250,000 or more 

pounds of honey and honey products 

into the United States as a principal or 

as an agent, broker, or consignee of any 

person who produces or handles honey 

or honey products outside of the United 

States for sale in the United States, and 

who is listed as the importer of record 

for such honey or honey products that 

are identified in the Harmonized Tariff 

Schedule of the United States by the 

numbers 0409.00.00 and 2106.90.9988, 

during the representative period. 

Importation occurs when honey or 

honey products originating outside of 

the United States are released from 

custody by the U.S. Customs Service 

and introduced into the stream of 

commerce in the United States. 

Included are persons who hold title to 

foreign produced honey or honey 

products immediately upon release by 

the U.S. Customs Service, as well as any 

persons who acts on behalf of others, as 

agents or brokers, to secure the release 

of honey or honey products from the 

U.S. Customs Service when such honey 

or honey products are entered or 

withdrawn for consumption in the 

United States. 

(e) Handle means to process, package, 

sell, transport, purchase or in any other 

way place honey or honey products, or 

cause them to be placed, in commerce. 

This term includes selling unprocessed 

honey that will be consumed without 

further processing or packaging. This 

term does not include the transportation 

of unprocessed honey by the producer 

to a handler or transportation by a 

commercial carrier of honey, whether 

processed or unprocessed for the 

account of the first handler or producer. 

(f) Honey means the nectar and 

saccharine exudations of plants that are 

gathered, modified, and stored in the 

comb by honeybees, including comb 

honey. 

(g) Honey products mean products 

where honey is a principal ingredient. 

For purposes of this subpart, a product 

shall be considered to have honey as a 

principal ingredient, if the product 

contains at least 50 percent honey by 

weight. 

(h) Order means the Honey Packers 

and Importers Research, Promotion, 

Consumer Education and Industry 

Information Order. 

(i) Person means any individual, 

group of individuals, partnership, 

corporation, association, cooperative, or 

any other legal entity. For the purpose 

of this definition, the term 

‘‘partnership’’ includes, but is not 

limited to: 

(1) A husband and a wife who have 

title to, or leasehold interest in, honey 

bee colonies or beekeeping equipment 

as tenants in common, joint tenants, 

tenants by the entirety, or, under 

community property laws, as 

community property; and 

(2) So-called ‘‘joint ventures’’ wherein 

one or more parties to an agreement, 

informal or otherwise, contributed land 

and others contributed capital, labor, 

management, equipment, or other 

services, or any variation of such 

contributions by two or more parties, so 

that it results in the production, 

handling, or importation of honey or 

honey products for market and the 

authority to transfer title to the honey or 

honey products so produced, handled or 

imported. 

(j) Referendum agent or agent means 

the individual or individuals designated 

by the Department to conduct the 

referendum. 

(k) Representative period means the 

period designated by the Department. 

(l) United States or U.S. means 

collectively the 50 states, the District of 


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Columbia, the Commonwealth of Puerto 

Rico, and the territories and possessions 

of the United States. 

§ 1212.102 Voting. 

(a) Each eligible first handler and 

eligible importer of honey or honey 

products shall be entitled to cast only 

one ballot in the referendum. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate first handler or importer, or an 

administrator, executor, or trustee or an 

eligible entity may cast a ballot on 

behalf of such entity. Any individual so 

voting in a referendum shall certify that 

such individual is an officer or 

employee of the eligible entity, or an 

administrator, executive, or trustee of an 

eligible entity and that such individual 

has the authority to take such action. 

Upon request of the referendum agent, 

the individual shall submit adequate 

evidence of such authority. 

(c) All ballots are to be cast by mail, 

as instructed by the Department. 

§ 1212.103 Instructions. 

(a) Referenda. The Order shall not 

become effective unless the Department 

determines that the Order is consistent 

with and will effectuate the purposes of 

the Act; and for initial and subsequent 

referenda the Order is favored by a 

majority of eligible persons voting in the 

referendum and a majority of volume 

voting in the referendum who, during a 

representative period determined by the 

Department, have been engaged in the 

handling or importation of honey or 

honey products and are subject to 

assessments under this Order and 

excluding those exempt from 

assessment under Order. 

(b) The referendum agent shall 

conduct the referendum, in the manner 

provided in this subpart, under the 

supervision of the Administrator. The 

Administrator may prescribe additional 

instructions, not inconsistent with the 

provisions of this subpart, to govern the 

procedure to be followed by the 

referendum agent. Such agent shall: 

(1) Determine the period during 

which ballots may be cast. 

(2) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter. 

(3) Give reasonable public notice of 

the referendum: 

(i) By utilizing available media or 

public information sources, without 

incurring advertising expense, to 

publicize the dates, places, method of 

voting, eligibility requirements, and 

other pertinent information. Such 

sources of publicity may include, but 

are not limited to, print and radio; and 

(ii) By such other means as the agent 

may deem advisable. 

(4) Mail to eligible first handlers and 

importers whose names and addresses 

are known to the referendum agent, the 

instructions on voting, a ballot, and a 

summary of the terms and conditions of 

the proposed Order. No person who 

claims to be eligible to vote shall be 

refused a ballot. 

(5) At the end of the voting period, 

collect, open, number, and review the 

ballots and tabulate the results in the 

presence of an agent of a third party 

authorized to monitor the referendum 

process. 

(6) Prepare a report on the 

referendum. 

(7) Announce the results to the 

public. 

§ 1212.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. Each individual so 

appointed may be authorized by the 

agent to perform any or all of the 

functions which, in the absence or such 

appointment, shall be performed by the 

agent. 

§ 1212.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1212.106 Referendum report. 

Except as otherwise directed, the 

referendum agent shall prepare and 

submit to the Administrator a report on 

the results of the referendum, the 

manner in which it was conducted, the 

extent and kind of public notice given, 

and other information pertinent to the 

analysis of the referendum and its 

results. 

§ 1212.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1212.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35 is OMB control 

number 0505–0001, OMB control 

number 0581–0217, and OMB control 

number 0581–[NEW, to be assigned by 

OMB]. 

Dated: May 29, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–2736 Filed 6–1–07; 8:45 am] 

BILLING CODE 3410–02–P 


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