OMB No. 0581-0178

F/H Form C (Exp. 3/31/2024) Destroy previous editions.

HAZELNUT MARKETING BOARD

21595-A Dolores Way NE

Aurora, OR 97002-9738

Tel: (503) 678-6823; Fax: (503) 678-6825

BONDING UNDERTAKING

WHEREAS, certain handlers of hazelnuts grown in Oregon and Washington have entered into a 

Marketing Agreement with the Secretary of Agriculture of the United States, known as “Marketing 

Agreement Regulating the Handling of Hazelnuts Grown in Oregon and Washington,” and being 

Agreement No. 115 of the Marketing Agreement series of the United States Department of Agriculture; 

and that said Secretary of Agriculture has, pursuant to the provisions of the Agriculture Marketing 

Agreement Act of 1937, as amended, issued a Marketing Order for handlers of hazelnuts grown in 

Oregon and Washington, said Order being known as the “Marketing Order Regulating the Handling of 

Hazelnuts Grown in Oregon and Washington” (Order) and being Order No. 982 of the Order series of the 

United States Department of Agriculture; and said Marketing Agreement and said Order are each now in 

full force and effect; and

WHEREAS, Section 982.50 of said Marketing Agreement and said Order provides, subject to 

certain exceptions, that every handler shall withhold from handling a quantity of hazelnuts equal to the 

restricted percentage of the merchantable equivalent of all inshell hazelnuts handled by such handler for 

his account during the fiscal year; and 

WHEREAS, said Marketing Agreement and said Order each provide in section 982.54 as 

follows:

§ 982.54 Deferment of restricted obligation

(a) Bonding. Compliance by any handler with the requirements of § 982.50 when restricted

hazelnuts may be withheld shall be temporarily deferred to any date requested by the handler, but not later 

than 60 days prior to the end of the marketing year. Such deferment shall be conditioned upon the 

voluntary execution and delivery by the handler to the Hazelnut Marketing Board (Board) of a written 

undertaking before beginning to handle merchantable hazelnuts during the marketing year. Such written 

undertaking shall be secured by a bond or bonds with a surety or sureties acceptable to the Board that, on 

or prior to such date the handler will have fully satisfied the restricted obligation required by § 982.50, 

subject to any adjustment pursuant to § 982.51.

(b) Bonding requirement. Such bond or bonds shall, at all times during their effective 

period, be in such amounts that the aggregate thereof shall be no less than the total bonding value of the 

handler’s deferred restricted obligation. The bonding value shall be the deferred restricted obligation 

poundage bearing the lowest bonding rate or rates, which could have been selected from the packs 

handled or certified for handling, multiplied by the applicable bonding rate. The cost of such bond or 

bonds shall be borne by the handler filing same. 

(c) Bonding rate. Said bonding rate for each pack shall be an amount per pound as 

established by the Board. Until bonding rates for a marketing year are fixed, the rates in effect for the 

preceding marketing year shall continue in effect. The Board should make any necessary adjustments 

once such new rates are fixed; and

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OMB No. 0581-0178

F/H Form C (Exp. 3/31/2024) Destroy previous editions.

WHEREAS, the principal named herein is a handler of hazelnuts as defined in each said 

Marketing Agreement and said Order and is now about to ship hazelnuts, and desires to take advantage of 

the provisions of said Marketing Agreement and said Order, as set forth above, whereby a bond may be 

filed in lieu of immediately withholding his restricted hazelnuts; 

NOW THEREFORE, the undersigned handler, in consideration of being allowed to file said bond 

and thereby delay the time of withholding said restricted hazelnuts, does hereby undertake and agree that 

he will on or before April 30, 20___, comply with the provisions of section 982.54 of each said Marketing 

Agreement and Order, and fully satisfy his restricted obligation required by said section 982.54; and in 

the event of failure so to do, will pay the Board or its successors, in cash, a sum equal to the bonding 

value of such quantity or a part thereof which such packer so fails to withhold; which sum is hereby 

agreed upon as liquidated damages for such failure.

Dated this _____________ day of _________________________, 20___.

__________________________________________

Signature of Handler

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its 

Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on 

race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, 

family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in 

any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by 

program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American 

Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA 

through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. 

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at 

http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of 

the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to 

USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW 

Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, 

employer, and lender.