59622 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Docket No. FV05–915–2 FIR] 

Avocados Grown in South Florida; 

Changes in Container and Reporting 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that changed the container 

and reporting requirements prescribed 

under the marketing order for avocados 

grown in South Florida. The marketing 

order regulates the handling of avocados 

grown in South Florida and is 

administered locally by the Avocado 

Administrative Committee (Committee). 

This rule continues in effect the action 

prohibiting the handling of fresh market 

avocados in 20 bushel plastic field bins 

to destinations inside the production 

area. This rule also continues in effect 

the action requiring that handlers 

provide, at the time of inspection, 

information regarding the number of 

avocados packed per container (count 

per container). These changes are 

expected to help reduce packing costs 

and facilitate the distribution of useful 

marketing information. 

DATES: Effective date: November 14, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

William G. Pimental, Marketing 

Specialist, Southeast Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324–

3375; Fax: (863) 325–8793; or George 

Kelhart, Technical Advisor, 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. 

Small businesses may request 

information on complying with this 

regulation 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@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 121 and Marketing Order No. 915, 

both as amended (7 CFR part 915), 

regulating the handling of avocados 

grown in South Florida, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule continues in effect an action 

prohibiting the handling of fresh market 

avocados in 20 bushel plastic field bins 

to destinations inside the production 

area. This rule also continues in effect 

the requirement that handlers provide, 

at the time of inspection, information 

regarding the avocado count per 

container, which provides the 

Committee and the industry with 

information regarding the sizes of 

avocados packed. These changes are 

expected to decrease packing costs by 

reducing the annual loss of field bins 

and provide handlers with additional 

marketing information. The Committee 

unanimously recommended these 

changes at meetings held on September 

8, 2004, and November 10, 2004. 

Section 915.51(4) of the order 

provides authority for establishing 

container requirements for the handling 

of avocados. Section 915.51(6) of the 

order provides that any or all 

requirements effective pursuant to 

§ 915.51(4) shall be different for the 

handling of avocados within the 

production area and outside the 

production area. Section 915.305 of the 

order’s rules and regulations specifies 

the avocado container requirements. 

Section 915.60 of the order provides 

authority for the Committee to require 

handlers to file reports and provide 

other information as may be necessary 

for the Committee to perform its duties. 

Section 915.150 specifies the requisite 

reporting requirements. 

This rule amends § 915.305 by adding 

a prohibition to the handling of fresh 

market avocados in 20 bushel plastic 

field bins to all destinations within the 

regulated production area. This rule also 

amends § 915.150 by adding a 

requirement that handlers provide 

additional pack information at the time 

of inspection. 

There were no specific container net 

weight or dimension requirements for 

avocados handled to destinations within 

the production area before this rule. 

However, shipments of avocados within 

the production area must meet maturity 

requirements and be inspected. 

Prior to this action, 20 bushel plastic 

field bins (bins) were commonly being 

used for the purpose of moving 

avocados into the current of commerce 

within the production area (handling). 

Following the successful inspection of 

avocados packed in bins, the inspector 

would place a cardboard cover over the 

top of the bin and seal it with official 

Federal-State Inspection Service tape. 

The bins could then be transported and 

sold at the various markets throughout 

the production area. It should be noted 

that current container regulations do not 

authorize the use of field bins for 

shipments of avocados from within the 

production area to any point outside of 

the production area. 

At the September 8, 2004, meeting, 

Committee members raised the issue 

that, each year, a large number of bins 

are apparently misappropriated during 

the avocado season. Committee 

consensus is that the ongoing loss of the 

bins has been costly to the industry, 

with the average cost of a bin about 

$150 each. By Committee estimates, 

over 700 bins were lost during the 

previous season at a cost of over 

$100,000 to the bins’ owners. 

In the harvesting of avocados, field 

bins have the primary function of 

transporting avocados from grove to 

packing facility. These bins are usually 

owned by individual packinghouses, or 

handlers, and are either delivered to, or 

picked up at, the packing facility by the 

harvester. Handlers have found that, 

much too often, field bins are not 

returned to the proper packinghouse, 

but are instead apparently 

misappropriated and used for other 

purposes. Because of their durability, 

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 59623 

many of the bins are acquired and 

reused by small cash handlers to pack 

and transport fruit in the production 

area. Often these bins are then 

abandoned at various market locations 

throughout the production area. 

Once the bins are transported to 

different market locations throughout 

the production area, they become very 

difficult to recover. The avocado groves 

and packinghouses are situated around 

the Homestead, Florida area. However, 

the production area stretches into 

Central Florida. Consequently, bins 

often end up in locations over 100 miles 

away in cities such as Tampa and 

Orlando. Once the avocados have been 

marketed, the bins are purportedly used 

for many different purposes and may be 

dispersed even further from the 

originating packinghouse. Handlers are 

thus provided very little chance of 

recovering them for their own use. 

The Committee believes that once 

bins are no longer authorized for use as 

containers for inspection, 

transportation, and sale of fresh 

avocados to markets within the 

production area, the movement of these 

containers will be limited, helping to 

reduce the number of lost bins. Cash 

handlers—generally handlers without 

packing facilities that tend to buy bulk 

avocados directly from the growers—

now have to use different containers to 

pack and transport avocados within the 

production area. Committee members 

suggested that one such option could be 

a commonly available 20 bushel field 

bin constructed of cardboard rather than 

plastic, but at a much lower cost of 

about $10 each. 

The Committee believes this change 

will help to restrict the use of the 

expensive plastic field bins to their 

originally intended purpose as a method 

of conveyance of avocados from grove to 

packinghouse. Prohibiting the use of 

these bins for the purpose of handling 

fresh market avocados helps prevent 

them from being transported to 

locations far from the originating 

packinghouse. This, in turn, results in 

the majority of the bins remaining in the 

local area where they are much more 

easily recovered. Reducing the number 

of lost bins represents a significant 

potential cost savings for the industry. 

Therefore, the Committee voted 

unanimously to put this regulation in 

place. 

This rule also revises the reporting 

requirements under the order. Handlers 

are reporting to the inspector at the time 

of inspection the number of 1/4 bushel, 

1/2 bushel, and 4/5 bushel containers 

packed. This rule not only requires that 

handlers continue to provide the 

number and sizes of containers packed, 

but in addition, requires handlers to 

provide information regarding the 

number of avocados packed per type of 

container, or ‘‘count per container.’’

Knowing the actual number of avocados 

packed per container, in addition to the 

number and size of containers packed, 

the Committee and the industry are 

armed with information regarding the 

various sizes of avocados being packed, 

as well as the quantity of different sizes 

being marketed. For example, a handler 

might report to the inspector on duty 

that the current lot being inspected has 

500 1⁄4 bushel containers, 6 count each. 

This type of information would provide 

the Committee with information 

regarding the quantity of large avocados 

being packed. 

Prior to this change, no data was 

collected that provided information on 

the various sizes of avocados being 

packed. During the Committee’s 

discussion of this issue, handlers agreed 

that although they were getting 

information regarding the number of 

bushels packed, it would be valuable to 

have information regarding the volume 

of small, medium, and large avocados 

packed for market. The Committee 

believes the availability of such 

information helps both grower and 

handler when making harvesting and 

packing decisions. 

Committee members agreed having 

information to help determine if any 

sizes are overrepresented or 

underrepresented in the marketplace 

would be valuable when planning and 

making marketing decisions. There is a 

close correlation between size and price. 

An oversupply of one size of fruit can 

negatively impact the price for that size 

and all sizes. By reporting count per 

container, the industry is better able to 

gauge available markets by knowing the 

volume of what sizes are available. 

An avocado will never reach full 

maturity unless it is severed from the 

tree. Consequently, harvest can be 

delayed without affecting the flavor or 

the quality of the fruit. This fact, in 

combination with information on sizes, 

allows the industry to make harvesting 

and marketing decisions based on 

available markets. 

Without good information regarding 

the sizes available in the market, the 

market pipelines for certain sizes can 

become full, driving prices down. 

Having access to this information will 

help the industry better balance supply 

with demand. By knowing which sizes 

are in short supply, the industry can 

determine which sizes need to be 

harvested. Such information may help 

reduce periods of oversupply and the 

effect oversupply has on price, 

providing the industry with another tool 

to more efficiently market avocados and 

maximize industry returns. 

Previously, at the time of inspection, 

handlers were commonly reporting 

container size and quantity to the 

inspector, who then included this 

information on the inspection 

certificates. Inspection certificates were 

then provided to the Committee, which 

compiled the information into reports 

that were in turn provided to the 

avocado industry. Committee members 

believe this procedure has been working 

effectively, and that having handlers 

report the count per container in the 

same fashion will be equally effective. 

In most cases, this is information the 

handler already has available, and thus 

needs only to supply it to the inspector 

at the time of inspection. As with the 

previous report, the Committee is 

compiling the data received and 

reporting it to the industry on a 

composite basis to aid growers and 

handlers in planning their individual 

operations and in making marketing 

decisions during the season. 

This change provides the industry 

with an indication of the volume of 

small, medium, and large sized 

avocados being shipped to the fresh 

market. With this change, handlers 

believe they have more information on 

which to base their harvesting and 

marketing decisions. Consequently, the 

Committee voted unanimously to make 

this change. 

Section 8e of the Act provides that 

when certain domestically produced 

commodities, including avocados, are 

regulated under a Federal marketing 

order, imports of that commodity must 

meet the same or comparable grade, 

size, quality, and maturity requirements. 

As this rule changes the container and 

reporting requirements under the 

domestic handling regulations, no 

corresponding changes to the import 

regulations are required. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

59624 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 150 

producers of avocados in the production 

area and approximately 35 handlers 

subject to regulation under the order. 

Small agricultural producers are defined 

by the Small Business Administration 

(SBA) as those having annual receipts of 

less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $6,000,000 (13 CFR 121.201). 

According to the National 

Agricultural Statistics Service and 

Committee data, the average price for 

Florida avocados during the 2003–04 

season was around $22.22 per 55-pound 

bushel container, and total shipments 

were near 660,000 55-pound bushel 

equivalents. Approximately 11 percent 

of all handlers handled 76 percent of 

Florida avocado shipments. Using the 

average price and shipment information 

provided by the Committee, nearly all 

avocado handlers could be considered 

small businesses under the SBA 

definition. In addition, based on 

avocado production, grower prices, and 

the total number of Florida avocado 

growers, the average annual grower 

revenue is approximately $98,000. 

Thus, the majority of Florida avocado 

producers may also be classified as 

small entities. 

This rule changes the container and 

reporting requirements currently 

prescribed under the order. This rule 

continues in effect the action 

prohibiting the handling of fresh market 

avocados in 20 bushel plastic field bins 

to destinations within the production 

area. This rule also continues in effect 

the action requiring handlers to provide 

information regarding the avocado 

count per container, which in turn 

provides the Committee and the 

avocado industry with an indication of 

the sizes of avocados being packed. 

These changes are expected to decrease 

packing costs by reducing losses of field 

bins and to provide handlers with 

additional information on which to base 

their harvesting and marketing 

decisions. The Committee unanimously 

recommended these changes at meetings 

held on September 8, 2004, and 

November 10, 2004. This rule modifies 

the container and reporting 

requirements specified in §§ 915.305 

and 915.150 respectively. The 

authorities for these actions are 

provided for in §§ 915.51 and 915.60. 

It is not anticipated that this rule will 

generate any increased costs for 

handlers or producers. The Committee 

recommended the change in the 

container requirements in an effort to 

reduce the costs stemming from the 

misappropriation of bins. According to 

estimates, more than 700 bins were lost 

last season, at a cost to the industry of 

around $100,000. The primary purpose 

of these field bins is to provide bulk 

conveyance of harvested avocados from 

the groves to the packinghouses. 

However, a segment of the industry has 

been using them to pack and transport 

avocados to markets within the 

production area. Handlers have found 

that bins have been misappropriated, 

used for the handling of avocados for 

sale within the production area, and not 

subsequently returned to the rightful 

owner. With a prohibition on the use of 

the plastic bins in the handling of 

avocados to points within the 

production area, the Committee hopes 

to break this cycle and move those who 

prefer this size container to a lower cost 

alternative. While an alternative 

cardboard container that holds an 

equivalent volume costs only about $10, 

an individual plastic bin costs around 

$150. This change should result in a 

cost savings. 

By requiring handlers to supply 

information on the count per container 

at the time of inspection, the industry 

has access to additional shipment 

information. There is little or no cost 

associated with this action, as most 

handlers have this information readily 

available and are supplying it along 

with information already provided. 

However, the industry can use this data 

when making harvesting and marketing 

decisions. As previously noted, there 

previously was no reliable information 

widely available regarding the sizes of 

avocados in the channels of commerce. 

Without good information regarding the 

sizes available in the market, handlers 

had no way to tell whether a certain size 

was overly available or in short supply. 

Having access to this information will 

help the industry more efficiently 

balance supply with demand, thus 

reducing periods of oversupply and 

price variations, while providing the 

industry with another tool to better 

market its fruit, serve customers, and 

maximize returns. 

This rule will have a positive impact 

on affected entities. The changes were 

recommended to reduce costs and 

improve available industry information. 

The reduction in costs associated with 

lost bins is expected to benefit all 

handlers regardless of size. The 

availability of more timely and accurate 

industry information also benefits both 

large and small handling operations. 

Consequently, the opportunities and 

benefits of this rule are expected to be 

equally available to all. 

An alternative to the actions 

recommended by the Committee was 

considered prior to making the final 

recommendations. The alternative 

considered was requesting the count per 

container from handlers on a voluntary 

basis. However, by requiring the 

information under authority of the 

order, all handlers are required to 

participate, which means more accurate 

reporting and information. Therefore, 

this alternative was rejected. 

This rule will require small and large 

avocado handlers to provide some 

additional information at the time of 

inspection. However, handlers have 

access to this information and are 

already providing other information at 

the time of inspection. This action 

requires no additional forms. The 

information is recorded by the inspector 

on the inspection certificate. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), AMS has received OMB 

approval for the information collection 

requirements for this marketing order 

program. These requirements are 

approved under the Fruit Crops 

collection package, OMB No. 0581–0189 

OMB. The reporting modifications made 

by this rule are small and will have no 

impact on the overall total burden hours 

approved by OMB. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA), which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

As with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

Further, the Committee’s meetings 

were widely publicized throughout the 

avocado industry and all interested 

persons were invited to attend and 

participate in Committee deliberations. 

Like all Committee meetings, the 

September 8, 2004, and November 10, 

2004, meetings were public meetings 

and all entities, both large and small, 

were able to express their views on 

these issues. Finally, interested persons 

are invited to submit information on the 

regulatory and informational impacts of 

this action on small businesses. 

An interim final rule concerning this 

action was published in the Federal 

Register on June 24, 2005. Copies of the 

rule were mailed by the Committee’s 

staff to all Committee members and 

avocado handlers. In addition, the rule 

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 59625 

was made available through the Internet 

by USDA and the Office of the Federal 

Register. That rule provided for a 60-day 

comment period which ended August 

23, 2005. One response was received. 

However, it was not relevant to this 

rulemaking action. Therefore, no 

changes will be made as a result of this 

response. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendations, and 

other information, it is found that 

finalizing this interim final rule, 

without change, as published in the 

Federal Register (70 FR 36467, June 24, 

2005) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 915 

Avocados, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 915—AVOCADOS GROWN IN 

SOUTH FLORIDA 

■ Accordingly, the interim final rule 

amending 7 CFR part 915 which was 

published at 70 FR 36467 on June 24, 

2005, is adopted as a final rule without 

change. 

Dated: October 6, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–20472 Filed 10–12–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Docket No. FV05–927–2] 

Marketing Order Regulating the 

Handling of Pears Grown in Oregon 

and Washington; Control Committee 

Rules and Regulation 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Correcting amendment. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is adding provisions to 

the Code of Federal Regulations that 

include rules and regulations used in 

administering the marketing order 

regulating the handling of pears grown 

in Oregon and Washington. 

Inadvertently, Subpart—Control 

Committee Rules and Regulations was 

removed in May 2005 when the 

marketing order was amended. 

EFFECTIVE DATE: May 21, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Susan M. Hiller, Northwest Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440; or George Kelhart, Technical 

Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, D.C. 20250–0237; 

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

720–8938. 

SUPPLEMENTARY INFORMATION: A final 

rule published in the Federal Register 

on Friday, May 20, 2005 (70 FR 29388), 

was intended to only amend Subpart—

Order Regulating Handling of Part 927 

and to leave Subpart—Control 

Committee Rules and Regulations 

unchanged. However, amendatory 

language in the final rule resulted in 

Subpart—Control Committee Rules and 

Regulations being removed from 7 CFR 

part 927. 

The codified provisions of 7 CFR part 

927 do not include the Control 

Committee Rules and Regulations. This 

correction document adds Subpart—

Control Committee Rules and 

Regulations back into 7 CFR part 927. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Winter pears, 

Reporting and recording keeping 

requirements. 

■ Accordingly, 7 CFR Part 927 is 

corrected by adding the following 

provisions: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

Part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Part 927 is corrected by adding 

Subpart—Control Committee Rules and 

Regulations consisting of §§ 927.100 

through 927.316 to read as follows: 

Subpart—Control Committee Rules and 

Regulations 

Definitions 

Sec. 

927.100 Terms. 

927.101 Marketing agreement. 

927.102 Order. 

927.103 Organically produced pears. 

Communications 

927.105 Communications. 

Exemption Certificates 

927.110 Determination of district 

percentages. 

927.110a Application for exemption 

certification. 

927.111 Exemption committee. 

927.112 Issuance of exemption certificate. 

927.113 Appeal to Control Committee. 

927.114 Appeal to Secretary. 

Exemptions and Safeguards 

927.120 Pears for charitable or byproduct 

purposes. 

927.121 Pears for gift purposes. 

927.122 Shipments to designated storages. 

927.123 Interest and late payment charges. 

Reports 

927.125 Reports. 

927.142 Reserve fund. 

927.236 Assessment rate. 

927.316 Handling regulation. 

Subpart—Control Committee Rules 

and Regulations 

Definitions 

§ 927.100 Terms. 

Each term used in this subpart shall 

have the same meaning as when used in 

the marketing agreement and order. 

§ 927.101 Marketing agreement. 

Marketing agreement means 

Marketing Agreement No. 89, as 

amended, regulating the handling of 

Beurre D’Anjou, Beurre Bosc, Winter 

Nelis, Doyenne du Comice, Beurre 

Easter, and Beurre Clairgeau varieties of 

pears grown in the States of Oregon, 

Washington, and California. 

§ 927.102 Order. 

Order means Order No. 927, as 

amended (§§ 927.1 to 927.81), regulating 

the handling of Beurre D’Anjou, Beurre 

Bosc, Winter Nelis, Doyenne du Comice, 

Beurre Easter, and Beurre Clairgeau 

varieties of pears grown in the States of 

Oregon, Washington, and California. 

§ 927.103 Organically produced pears. 

Organically produced pears means 

pears that have been certified by an 

organic certification organization 

currently registered with the Oregon or 

Washington State Departments of 

Agriculture, or such certifying 

organization accredited under the 

National Organic Program. 

Communications 

§ 927.105 Communications. 

Unless otherwise prescribed in this 

subpart, or in the marketing agreement 

and order, or required by the Control 

Committee, all reports, applications, 

submittals, requests, inspection