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Electronic Code of Federal Regulations

e-CFR data is current as of February 14, 2020

Title 7Subtitle BChapter IXPart 917Subpart A → Subject Group


Title 7: Agriculture
PART 917—FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
Subpart A—Order Regulating Handling


Miscellaneous Provisions

§917.60   Effective time.

The provisions of this part and of any amendment thereto, shall become effective at such time as the Secretary may declare above his signature and shall continue in force until terminated in one of the ways specified in §917.61.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.60 was suspended indefinitely, effective Oct. 28, 2011.

§917.61   Termination.

(a) The Secretary may at any time terminate the provisions of this part by giving at least one day's notice by means of a press release or in any other manner in which he may determine.

(b) The Secretary shall terminate or suspend the operation of any and all of the provisions of this part whenever he finds that such provisions do not tend to effectuate the declared policy of the act.

(c) The Secretary shall terminate the provisions of this part or the applicability of the provisions of this part as to a particular fruit whenever he finds by referendum or otherwise that such termination is favored by a majority of the growers of the fruit: Provided, That such majority has during the current fiscal period produced more than 50 percent of the volume of the fruit which was produced within the production area for shipment in fresh form. Such termination shall become effective on the first day of March subsequent to the announcement therof by the Secretary.

(d) The Control Committee shall consider all petitions from growers submitted to it for termination of this part provided such petitions are received by the Control Committee prior to October 1 of the then current fiscal period. Upon recommendation of the Control Committee, received not later than December 1 of the then current fiscal period, the Secretary shall conduct a referendum among the growers of the particular kind of fruit prior to February 15 of such fiscal period to ascertain whether continuance of this part is favored by producers.

(e) The Secretary shall conduct a referendum within the period beginning December 1, 1974, and ending February 15, 1975, to ascertain whether continuance of this part as to any fruit included in this part is favored by the growers. The Secretary shall conduct such a referendum within the same period of every fourth fiscal period thereafter.

(f) The provisions of this part shall, in any event, terminate whenever the provisions of the act authorizing them cease to be in effect.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.61 was suspended indefinitely, effective Oct. 28, 2011.

§917.62   Proceedings after termination.

(a) Upon the termination of the provisions of this part pertaining to any fruit or fruits, the Control Committee then functioning shall for the purpose of liquidating the affairs of the Control Committee with respect to such fruit continue as trustee of all the funds and property then in its possession, or under its control, including claims for any funds unpaid or property not delivered at the time of such termination.

(b) The said trustees shall (1) continue in such capacity until discharged by the Secretary; (2) from time to time account for all receipts and disbursements and deliver all property on hand, together with all books and records of the committee and of the trustees, to such persons as the Secretary may direct; and (3) upon the request of the Secretary, execute such assignments or other instruments necessary or appropriate to vest in such person, full title and right to all funds, property, and claims vested in the Control Committee or the trustees pursuant thereto.

(c) Any person to whom funds, property, or claims have been transferred or delivered, pursuant to this section, shall be subject to the same obligation imposed upon the Control Committee and upon the trustees.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.62 was suspended indefinitely, effective Oct. 28, 2011.

§917.63   Effect of termination or amendment.

Unless otherwise expressly provided by the Secretary, the termination of this subpart or of any regulation issued pursuant to this subpart, or the issuance of any amendment to either thereof, shall not (a) affect or waive any right, duty, obligation, or liability which shall have arisen or which may thereafter arise in connection with any provision of this subpart or any regulation issued under this subpart, or (b) release or extinguish any violation of this subpart or of any regulation issued under this subpart, or (c) affect or impair any rights or remedies of the Secretary or of any other person with respect to any such violation.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.63 was suspended indefinitely, effective Oct. 28, 2011.

§917.64   Compliance.

Each shipper shall comply with all regulations. No shipper shall ship fruit in violation of the provisions of this part or in violation of any regulation issued by the Secretary pursuant to the provisions of this part.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.64 was suspended indefinitely, effective Oct. 28, 2011.

§917.65   Duration of immunities.

The benefits, privileges, and immunities conferred by virtue of the provisions of this subpart shall cease upon its termination except with respect to acts done under and during the time the provisions of this part are in force and effect.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.65 was suspended indefinitely, effective Oct. 28, 2011.

§917.66   Agents.

The Secretary may by a designation in writing name any person, including any officer or employee of the Government or any agency or Division in the United States Department of Agriculture, to act as his agent or representative in connection with any of the provisions of this part.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.66 was suspended indefinitely, effective Oct. 28, 2011.

§917.67   Derogation.

Nothing contained in this part is or shall be construed to be in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the act or otherwise, and in accordance with such powers to act in the premises whenever such action is deemed advisable.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.67 was suspended indefinitely, effective Oct. 28, 2011.

§917.68   Liability of committee members.

No members of the Control Committee, any commodity committee, or other committee, or any subcommittee, or any employee of the Control Committee shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any shipper or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as such member or employee, except for acts of dishonesty.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.68 was suspended indefinitely, effective Oct. 28, 2011.

§917.69   Separability.

If any provision of this part is declared invalid or the applicability thereof to any person, circumstance, thing, or any particular kind of fruit is held invalid, the validity of the remainder of this part or the applicability thereof to any other person, circumstance, thing, or kind of fruit shall not be affected thereby.

Effective Date Note: At 76 FR 66605, Oct. 27, 2011, §917.69 was suspended indefinitely, effective Oct. 28, 2011.

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