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Current as of January 02, 2025 | Updated by Findlaw Staff
(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;
(3) Form of cranberries;
(4) Volume if in processed form;
(5) Lot details;
(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;
(2) Project type;
(3) Product form;
(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;
(2) Project type;
(3) Product form;
(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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 7. Agriculture § 7.929.162 Handler diversion reports - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-7-agriculture/cfr-sect-7-929-162/
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