Current through May 31, 2024
Section 929.162 - Handler diversion reports(a)Handler withholding report. Handlers shall submit to the Committee, by June 1, a handler withholding report. The report shall be submitted using Form CMC-JUN and contain the following information:(1) The name and address of the handler;(2) The amount of cranberries acquired;(3) The amount of cranberries withheld by disposal;(4) The amount of cranberries diverted to noncompetitive outlets;(5) The form of cranberry products withheld; and(6) The total withholding obligation.(b)Handler Withholding Final Report. Handlers shall submit to the Committee, by August 31, a final handler withholding report. The final report shall be submitted using Form CMC-AUG and contain the following information:(1) The name and address of the handler;(2) The seasonal total of cranberries acquired;(3) The seasonal total of cranberries withheld by disposal;(4) The seasonal total of cranberries diverted to noncompetitive outlets;(5) The form of cranberry products withheld during the season; and(6) The total withholding obligation.(c)Handler disposal certification. Handlers shall submit to the Committee Form CMC-DISP for each lot of cranberries or cranberry products to be diverted through disposal. The form shall contain the following information:(1) Name and address of the handler;(2) Marketable cranberries in whole fruit or processed cranberries converted to whole fruit equivalent disposed of in this lot;(4) Volume if in processed form;(6) Disposal site and method; and(7) Inspector certification of the completion of the disposal.(d)Handler application for outlets for withheld fruit. Handlers shall submit to the Committee Form CMC-OUT for approval for each lot of cranberries or cranberry products to be diverted to noncompetitive outlets in accordance with § 929.57 . The form shall contain the following information:(1) Name and address of the handler;(4) Quantity of cranberries in whole fruit or processed cranberries converted to whole fruit equivalent diverted;(5) A description of the project and how the cranberries will be used.(e)Third-party confirmation of receipt of withheld fruit. Handlers shall submit to the Committee Form CMC-CONF for each diversion to a noncompetitive outlet to verify the receipt of the cranberries or cranberry product by the approved outlet. The form shall contain the following information:(1) Name and address of the handler;(4) Quantity of cranberries in whole fruit or processed cranberries converted to whole fruit equivalent utilized; and(5) Confirmation or documentation of receipt from the receiving outlet.(f)Handler withholding appeal. Handlers may appeal a determination made by the Committee relating to a handler withholding regulation using the appeals process outlined in § 929.157(c) and Form CMC-APPL, which shall contain the following information:(1) Name and address of the handler;(2) Reason for appeal; and(3) Information in support of appeal.83 FR 32197, July 12, 2018