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| Definitions | 989.1 – 989.25 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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25 FR 12813, Dec. 14, 1960; 27 FR 2506, Mar. 16, 1962, unless otherwise noted.
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Subscribe to: 7 CFR Part 989 Subpart A - Definitions
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Nomenclature changes to part 989 appear at 83 FR 53973, Oct. 26, 2018.
Secretary means the Secretary of Agriculture of the United States or any officer or employee of the United States Department of Agriculture to whom authority has heretofore been delegated or to whom authority may hereafter be delegated, to act in his stead.
Act means Public Act No. 10, 73d Congress, as amended, and as re-enacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674).
[42 FR 37201, July 20, 1977]
Person means an individual, partnership, corporation, association, or any other business unit.
Area means the State of California.
Raisins means grapes of any variety grown in the area, from which a significant part of the natural moisture has been removed by sun-drying or artificial dehydration, either prior to or after such grapes have been removed from the vines. Removal of a significant part of the natural moisture means removal which has progressed to the point where the grape skin develops wrinkles characteristic of wrinkles in fully formed raisins.
[37 FR 19622, Sept. 21, 1972]
Golden Seedless raisins means raisins, the production of which includes soda dipping, sulfuring, and artificial dehydration.
Natural condition raisins means raisins the production of which includes sun-drying or artificial dehydration but which have not been further processed to a point where they meet any of the conditions for “packed raisins”, as defined in § 989.9.
[25 FR 12813, Dec. 14, 1960, as amended at 42 FR 37201, July 20, 1977]
Packed raisins means raisins which have been stemmed, graded, sorted, cleaned, or seeded, and placed in any container customarily used in the marketing of raisins or in any container suitable or usable for such marketing. Raisins in the process of being packed or raisins which are partially packed shall be subject to the same requirements as packed raisins.
Varietal types means raisins generally recognized as possessing characteristics differing from other raisins in a degree sufficient to make necessary or desirable separate identification and classification. Varietal types are the following: Natural (sun-dried) Seedless, Dipped Seedless, Golden Seedless, Muscats (including other raisins with seeds), Sultana, Zante Currant, Monukka, and Oleate and Related Seedless: Provided, That the Committee may, subject to approval of the Secretary, change this list of varietal types.
[48 FR 32974, July 20, 1983]
Producer means any person engaged in a proprietary capacity in the production of grapes which are sun-dried or dehydrated by artificial means until they become raisins.
[83 FR 53968, Oct. 26, 2018]
Dehydrator means any person who produces raisins by dehydrating grapes by artificial means.
Cooperative bargaining association means a nonprofit cooperative association of raisin producers engaged within the area in bargaining with handlers as to price and otherwise arranging for the sale of natural condition raisin of its members.
[32 FR 12158, Aug. 24, 1967]
Processor means any person who receives or acquires natural condition raisins, off-grade raisins, other failing raisins or raisin residual material and uses them or it within the area, with or without other ingredients, in the production of a product other than raisins, for market or distribution.
[32 FR 12158, Aug. 24, 1967; 33 FR 2983, Feb. 15, 1968, as amended at 42 FR 37201, July 20, 1977]
Packer means any person who, within the area, stems, sorts, cleans, or seeds raisins, grades stemmed raisins, or packages raisins for market as raisins: Provided, That:
(a) No producer with respect to the raisins produced by him, and no group of producers with respect to raisins produced by the producers comprising the group, and not otherwise a packer, shall be deemed a packer if he or it sorts or cleans (with or without water) such raisins in their unstemmed form;
(b) Any dehydrator shall be deemed to be a packer, with respect to raisins dehydrated by him, only if he stems, cleans with water subsequent to such dehydration, seeds or packages them for market as raisin;
(c) The Committee may, with the approval of the Secretary restrict the exceptions as to permitted cleaning if necessary to cause delivery of sound raisins; and
(d) No person shall be deemed a packer by reason of the fact he repackages for market (with or without additional preparation) packed raisins which, in the hands of a previous holder, have been inspected and certified as meeting the applicable minimum grade standards for packed raisins.
[32 FR 12158, Aug. 24, 1967]
Handler means:
(a) Any processor or packer;
(b) any person who places, ships, or continues natural condition raisins in the current of commerce from within the area to any point outside thereof;
(c) any person who delivers off-grade raisins, other failing raisins or raisin residual material to other than a packer or other than into any eligible non-normal outlet; or
(d) any person who blends raisins: Provided, That blending shall not cause a person not otherwise a handler to be a handler on account of such blending if he is either:
(1) A producer who, in his capacity as a producer, blends raisins entirely of his own production in the course of his usual and customary practices of preparing raisins for delivery to processors, packers, or dehydrators;
(2) a person who blends raisins after they have been placed in trade channels by a packer with other such raisins in trade channels; or
(3) a dehydrator who, in his capacity as a dehydrator, blends raisins entirely of his own manufacture.
[37 FR 19622, Sept. 21, 1972]
Blend means to mix or commingle raisins.
Acquire means to have or obtain physical possession of raisins by a handler at his packing or processing plant or at any other established receiving station operated by him: Provided, That a handler shall not be deemed to acquire any raisins (including raisins produced or dehydrated by him) while:
(a) He stores them for another person or as handler-produced tonnage in compliance with the provisions of §§ 989.58 and 989.70;
(b) He reconditions them, or;
(c) He has them in his possession for the purpose of inspection; and Provided further, That the term shall apply only to the handler who first acquires the raisins.
Committee means the Raisin Administrative Committee established under § 989.26.
[41 FR 32412, Aug. 3, 1976]
Ton means a short ton of 2,000 pounds.
Crop year means the 12-month period beginning with August 1 of any year and ending with July 31 of the following year.
[41 FR 32412, Aug. 3, 1976]
District means any one of the geographical areas referred to in § 989.26, and designated in the rules and regulations.
[48 FR 32974, July 20, 1983]
File means transmit or deliver to the Secretary or Committee, as the case may be, and such act shall be deemed to have been accomplished at the time:
(a) Of actual receipt by the Secretary or Committee in the event of personal delivery;
(b) Of receipt at the office of the telegraph company, in case submission is by telegram; or
(c) Shown by the postmark, in case submission is by mail.
(a) Standard raisins means raisins which meet the then effective minimum grade and condition standards for natural condition raisins.
(b) Off-grade raisins means raisins which do not meet the then effective minimum grade and condition standards for natural condition raisins: Provided, That raisins which are certified as off-grade raisins shall continue to be such until successfully reconditioned or become “other failing raisins.”
(c) Other failing raisins means any raisins received or acquired by a handler, either as standard raisins or off-grade raisins, which are processed to a point where they qualify as packed raisins but fail to meet the applicable minimum grade standards for packed raisins.
(d) Raisin residual material means defective raisins, stemmer waste, sweepings, and other residue accumulated by a handler from reconditioning raisins or from processing standard raisins and other failing raisins.
[25 FR 12813, Dec. 14, 1960, as amended at 42 FR 37201, July 20, 1977]
Non-normal outlets means outlets other than those customarily used for commercial disposition of raisins meeting the then applicable minimum standards for natural condition raisins or packed raisins.
[29 FR 9483, July 11, 1964]
Part means the order regulating the handling of raisins produced from grapes grown in California, and all rules, regulations, and supplementary orders issued thereunder. This order regulating the handling of raisins produced from grapes grown in California shall be a subpart of such part.