This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

1657 

Vol. 72, No. 9 

Tuesday, January 16, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1209 

[Docket No. AMS–FV–06–0218, FV–05–710] 

Mushroom Promotion, Research, and 

Consumer Information Order; Section 

610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This document summarizes 

the results of an Agricultural Marketing 

Service (AMS) review of the Mushroom 

Promotion, Research and Consumer 

Information Program under the criteria 

contained in section 610 of the 

Regulatory Flexibility Act. Based on this 

review, AMS has determined that the 

Mushroom Promotion, Research, and 

Consumer Information Order should be 

continued without change. 

ADDRESSES: Interested persons may 

obtain a copy of the review. Requests for 

copies should be sent to Deborah S. 

Simmons, Research and Promotion 

Branch, Fruit and Vegetable Programs 

(FV), Agricultural Marketing Service 

(AMS), USDA, Stop 0244, Room 0634– 

S, 1400 Independence Avenue, SW., 

Washington, DC 20250–0244 or 

deborah.simmons@usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sonia N. Jimenez, Research and 

Promotion Branch, FV, AMS, USDA, 

Stop 0244, 1400 Independence Avenue, 

SW., Room 0634–S, Washington, DC 

20250–0244; telephone: (888) 720–9917 

fax: (202) 205–2800; or e-mail: 

sonia.jimenez@usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990 

(Act), (7 U.S.C. 6101 et seq.) authorized 

the Mushroom Promotion, Research, 

and Consumer Information Program 

(Program) which is industry-operated 

and funded, with oversight by USDA. 

The Program’s objective is to carry out 

an effective, continuous, and 

coordinated program of promotion, 

research, consumer information, and 

industry information. It is designed to 

strengthen the mushroom industry’s 

position in the marketplace, maintain 

and expand existing markets and uses 

for mushrooms, develop new markets 

and uses for mushrooms, and to carry 

out programs, plans, and projects 

designed to provide maximum benefits 

to the mushroom industry. 

The Program became effective on 

January 8, 1993, when the Mushroom 

Promotion, Research, and Consumer 

Information Order (7 CFR part 1209) 

(Order) was issued. Assessments began 

in 1993 at the rate of 0.0025 cents per 

pound and have fluctuated from 0.0010 

to 0.0045 cents per pound. The current 

rate is 0.0035 cents per pound. 

Assessments under this Program are 

used to fund retail category 

management, research concerning 

nutritional attributes of mushrooms, 

foodservice training, and industry 

information, and to enable the 

Mushroom Council (Council) to exercise 

its duties in accordance with the Order. 

The program is administered by the 

Council which is composed of 

producers and may include importers, 

all of whom are appointed by the 

Secretary of Agriculture from 

nominations submitted by eligible 

producers or importers. Producer 

membership on the Council is based 

upon mushroom production within 

each of the four predesignated 

geographic regions within the U.S. and 

a fifth region representing importers 

(when imports, on average, equal or 

exceed 35,000,000 pounds of 

mushrooms annually). All members 

serve terms of three years. 

AMS published its plan to review the 

Mushroom Promotion, Research, and 

Consumer Information Order, 

(conducted under the Act), under 

criteria contained in Section 610 of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612) in the Federal Register 

on February 18, 1999. The plan was 

updated in the Federal Register on 

August 14, 2003 (68 FR 48574), and 

updated again on March 24, 2006 (71 FR 

14827). 

A notice of review and request for 

written comments was published in the 

Federal Register on December 14, 2005 

(70 FR 73945). One comment was 

received, opposing the program in 

general. However, as discussed herein, 

AMS has determined that the Order 

should be continued without change. 

The purpose of the review was to 

determine whether the Mushroom 

Promotion, Research, and Consumer 

Information Order should be continued 

without change, amended, or rescinded 

(consistent with the objectives of the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990) to 

minimize the impacts on small entities. 

In conducting this review, AMS 

considered whether there was a 

continued need for the Order; the nature 

of complaints or comments received 

from the public concerning the Order; 

the complexity of the Order; the extent 

to which the Order overlaps, duplicates, 

or conflicts with other Federal rules, 

and, to the extent feasible, with State 

and local regulations; and the length of 

time since the Order has been evaluated 

or the degree to which technology, 

economic conditions, or other factors 

have changed in the area affected by the 

Order. 

Currently there are 125 producers and 

19 importers covered under the Order. 

AMS provides Federal oversight of the 

Mushroom research and promotion 

program. The Order is not unduly 

complex, and AMS has not identified 

regulations that duplicate, overlap, or 

conflict with the Order. Over the years, 

the Order has been amended to change 

the number of members in each district 

and to add a fifth district for 

representation by importers. The AMS 

has not received complaints about the 

Order. 

Based upon the review, AMS has 

determined that the Order should be 

continued without change. AMS plans 

to continue working with the mushroom 

industry in maintaining an effective 

program. 

Dated: January 10, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–427 Filed 1–12–07; 8:45 am] 

BILLING CODE 3410–02–P 


cprice-sewell on PROD1PC66 with RULES