PART 983—PISTACHIOS GROWN IN CALIFORNIA, ARIZONA, AND NEW MEXICO Authority: 7 U.S.C. 601-674. Source: 69 FR 17850, Apr. 4, 2004, unless otherwise noted. Subpart A—Order Regulating Handling Definitions § 983.1 Accredited laboratory. An accredited laboratory [74 FR 56539, Nov. 2, 2009] § 983.2 Act. Act et seq. § 983.3 Affiliation. Affiliation. § 983.4 Aflatoxin. Aflatoxin Aspergillus flavus Aspergillus parasiticus. § 983.5 Aflatoxin inspection certificate. Aflatoxin inspection certificate § 983.6 Assessed weight. Assessed weight Provided, Provided further, [74 FR 56539, Nov. 2, 2009] § 983.7 Certified pistachios. Certified pistachios [74 FR 56539, Nov. 2, 2009] § 983.8 Committee. Committee [74 FR 56539, Nov. 2, 2009] § 983.9 Confidential data or information. Confidential data or information § 983.10 Department or USDA. Department or USDA § 983.11 Districts. (a) Districts (1) District 1 (2) District 2 (3) District 3 (4) District 4 (b) With the approval of the Secretary, the boundaries of any district may be changed by the committee to ensure proper representation. The boundaries need not coincide with county lines. [69 FR 17850, Apr. 4, 2004, as amended at 72 FR 69141, Dec. 7, 2007; 74 FR 56539, Nov. 2, 2009] § 983.12 Domestic shipments. Domestic shipments § 983.14 Handle. Handle (a) Receiving pistachios; (b) Hulling and drying pistachios; (c) Further preparing pistachios by sorting, sizing, shelling, roasting, cleaning, salting, and/or packaging for marketing in or transporting to any and all markets in the current of interstate or foreign commerce; and/or (d) Placing pistachios into the current of commerce from within the production area to points outside thereof: Provided, § 983.15 Handler. Handler § 983.16 Inshell pistachios. Inshell pistachios § 983.17 Inspector. Inspector § 983.18 Lot. Lot § 983.20 Part and subpart. Part [74 FR 56539, Nov. 2, 2009] § 983.21 Person. Person [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56539, Nov. 2, 2009] § 983.22 Pistachios. Pistachios Pistacia vera [74 FR 56539, Nov. 2, 2009] § 983.23 Processing. Processing [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56539, Nov. 2, 2009] § 983.24 Producer. Producer [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56539, Nov. 2, 2009] § 983.25 Production area. Production Area [74 FR 56539, Nov. 2, 2009] § 983.26 Production year. Production year [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56539, Nov. 2, 2009] § 983.27 Proprietary capacity. Proprietary capacity [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56539, Nov. 2, 2009] § 983.28 Secretary. Secretary [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56539, Nov. 2, 2009] § 983.29 Shelled pistachios. Shelled pistachios [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56539, Nov. 2, 2009] § 983.30 Substandard pistachios. Substandard pistachios [74 FR 56540, Nov. 2, 2009] Administrative Committee § 983.41 Establishment and membership. There is hereby established an administrative committee for pistachios to administer the terms and provisions of this part. This committee, consisting of twelve (12) member positions, each of whom shall have an alternate, shall be allocated as follows: (a) Handlers. (1) One handler member nominated by one vote for each handler; and (2) One handler member nominated by voting based on each handler casting one vote for each ton (or portion thereof) of the assessed weight of pistachios processed by such handler during the two production years preceding the production year in which the nominations are made. (b) Producers. (c) Public member. [69 FR 17850, Apr. 4, 2004. Redesignated and amended at 74 FR 56541, Nov. 2, 2009] § 983.42 Initial members and nomination of successor members. Nomination of committee members and alternates shall follow the procedure set forth in this section or as may be changed as recommended by the committee and approved by the Secretary. (a) Initial members. (b) Successor members. Provided, (1) Any qualified individuals who seek nomination as a producer member shall submit to the committee an intent to seek office in one designated district on such form and with such information as the committee shall designate; ballots, accompanied by the names of all such candidates, with spaces to indicate voters' choices and spaces for write-in candidates, together with voting instructions, shall be mailed to all producers who are on record with the committee within the respective districts; the person(s) receiving the highest number of votes shall be the member nominee(s) for that district, and the person(s) receiving the second highest number of votes shall be the alternate member nominee(s). In case of a tie vote, the nominee shall be selected by a drawing. (2) Any qualified individuals who seek nomination as a handler member shall submit to the committee an intent to seek office with such information as the committee shall designate; ballots, accompanied by the names of all such candidates, with spaces to indicate voters' choices and spaces for write-in candidates, together with voting instructions, shall be mailed to all handlers who are on record with the committee. For the first handler member seat, the person receiving the highest number of votes shall be the handler member nominee for that seat, and the person receiving the second highest number of votes shall be the alternate member nominee. For the second handler member seat, the person receiving the highest number of votes representing handler volume shall be the handler member nominee for that seat, and the person receiving the second highest number of votes representing handler volume shall be the alternate member nominee. In case of a tie vote, the nominee shall be selected by a drawing. (c) Handlers. (1) For one handler member nomination, each handler entity shall be entitled to one vote; (2) For the second handler member nomination, each handler entity shall be entitled to cast one vote respectively for each ton of assessed weight of pistachios processed by that handler during the two production years preceding the production year in which the nominations are made. For the purposes of nominating handler members and alternates by volume, the assessed weight of pistachios shall be credited to the handler responsible under the order for the payment of assessments of those pistachios. The committee with the approval of the Secretary, may revise the handler representation on the committee if the committee ceases to be representative of the industry. (d) Producers. (e) Member's affiliation. (f) Cooperative affiliation. (g) Alternate members. (h) Selection by Secretary. (i) Acceptance. (j) Failure to nominate. (k) Term of office. Provided, (l) Qualifications. (2) Each handler member and alternate shall be, at the time of selection and during the term of office, a handler or an officer or employee of a handler. (3) Any member or alternate member who at the time of selection was employed by or affiliated with the person who is nominated, that member shall, upon termination of that relationship, become disqualified to serve further as a member and that position shall be deemed vacant. (4) No person nominated to serve as a public member or alternate public member shall have a financial interest in any pistachio growing or handling operation. (m) Vacancy. (n) The committee, with the approval of the Secretary, may issue rules and regulations implementing §§ 983.41, 983.42 and 983.43. [69 FR 17850, Apr. 4, 2004. Redesignated and amended at 74 FR 56541, Nov. 2, 2009] § 983.43 Procedure. (a) Quorum. Provided, (1) Actions of the committee with respect to the following issues shall require twelve (12) concurring votes of the voting members regarding any recommendation to the Secretary for adoption or change in: (i) Quality regulation; (ii) Aflatoxin regulation; (iii) Research under § 983.46; and (2) Actions of the committee with respect to the following issues shall require eight (8) concurring votes of the voting members regarding recommendation to the Secretary for adoption or change in: (i) Inspection programs; (ii) The establishment of the committee. (b) Voting. (c) Compensation. Provided, Provided further, [69 FR 17850, Apr. 4, 2004. Redesignated and amended at 74 FR 56541, Nov. 2, 2009] § 983.44 Powers. The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To make and adopt bylaws, rules and regulations to effectuate the terms and provisions of this part with the approval of the Secretary; (c) To receive, investigate, and report to the Secretary complaints of violations of this part; and (d) To recommend to the Secretary amendments to this part. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] § 983.45 Duties. The committee shall have, among others, the following duties: (a) To adopt bylaws and rules for the conduct of its meetings and the selection of such officers from among its membership, including a chairperson and vice-chairperson, as may be necessary, and define the duties of such officers; and adopt such other bylaws, regulations and rules as may be necessary to accomplish the purposes of the Act and the efficient administration of this part; (b) To employ or contract with such persons or agents as the committee deems necessary and to determine the duties and compensation of such persons or agents; (c) To select such subcommittees as may be necessary; (d) To submit to the Secretary a budget for each fiscal period, prior to the beginning of such period, including a report explaining the items appearing therein and a recommendation as to the rate of assessments for such period; (e) To keep minutes, books, and records which will reflect all of the acts and transactions of the committee and which shall be subject to examination by the Secretary; (f) To prepare periodic statements of the financial operations of the committee and to make copies of each statement available to producers and handlers for examination at the office of the committee; (g) To cause its financial statements to be audited by a certified public accountant at least once each fiscal year and at such times as the Secretary may request. Such audit shall include an examination of the receipt of assessments and the disbursement of all funds. The committee shall provide the Secretary with a copy of all audits and shall make copies of such audits, after the removal of any confidential individual or handler information that may be contained in them, available for examination at the offices of the committee; (h) To act as intermediary between the Secretary and any producer or handler with respect to the operations of this part; (i) To investigate and assemble data on the growing, handling, shipping and marketing conditions with respect to pistachios; (j) To apprise the Secretary of all committee meetings in a timely manner; (k) To submit to the Secretary such available information as the Secretary may request; (l) To investigate compliance with the provisions of this part; (m) To provide, through communication to producers and handlers, information regarding the activities of the committee and to respond to industry inquiries about committee activities; (n) To oversee the collection of assessments levied under this part; (o) To borrow such funds, subject to the approval of the Secretary and not to exceed the expected expenses of one fiscal year, as are necessary for administering its responsibilities and obligations under this part. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] Research § 983.46 Research. The committee, with the approval of the Secretary, may establish or provide for the establishment of projects involving research designed to assist or improve the efficient production and postharvest handling of quality pistachios. The committee, with the approval of the Secretary, may also establish or provide for the establishment of projects designed to determine the effects of pistachio consumption on human health and nutrition. Pursuant to § 983.43(a), such research projects may only be established with 12 concurring votes of the voting members of the committee. The expenses of such projects shall be paid from funds collected pursuant to §§ 983.71 and 983.72. [74 FR 56542, Nov. 2, 2009] Marketing Policy § 983.47 Marketing policy. Prior to August 1st each year, the committee shall prepare and submit to the Secretary a report setting forth its recommended marketing policy covering quality regulations for the pending crop. In the event it becomes advisable to modify such policy, because of changed crop conditions, the committee shall formulate a new policy and shall submit a report thereon to the Secretary. In developing the marketing policy, the committee shall give consideration to the production, harvesting, processing and storage conditions of that crop. The committee may also give consideration to current prices being received and the probable general level of prices to be received for pistachios by producers and handlers. Notice of the committee's marketing policy, and of any modifications thereof, shall be given promptly by reasonable publicity, to producers and handlers. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] Regulations § 983.50 Aflatoxin regulations. The committee shall establish, with the approval of the Secretary, such aflatoxin sampling, analysis, and inspection requirements applicable to pistachios to be shipped for domestic human consumption as will contribute to orderly marketing or be in the public interest. The committee may also establish, with the approval of the Secretary, such requirements for pistachios to be shipped for human consumption in export markets. No handler shall ship, for human consumption in domestic, or if applicable, export markets, pistachios that exceed an aflatoxin level established by the committee and approved by the Secretary. All shipments to markets for which requirements have been established must be covered by an aflatoxin inspection certificate. The committee may, with the approval of the Secretary, establish different sampling, analysis, and inspection requirements, and different aflatoxin level requirements, for different markets. [77 FR 36123, June 18, 2012] § 983.51 Quality regulations. For any production year, the committee may establish, with the approval of the Secretary, such quality and inspection requirements applicable to pistachios shipped for human consumption in domestic or export markets as will contribute to orderly marketing or be in the public interest. In such production year, no handler shall ship pistachios for human consumption in domestic, or if applicable, export markets unless they meet the applicable requirements as evidenced by certification acceptable to the committee. The committee may, with the approval of the Secretary, establish different quality and inspection requirements for different markets. [77 FR 36123, June 18, 2012] § 983.52 Failed lots/rework procedure. (a) Substandard pistachios. (b) Failed lot reporting. [74 FR 56542, Nov. 2, 2009] § 983.53 Testing of minimal quantities. (a) Aflatoxin. (1) The handler may have an inspector sample and test his or her entire inventory of hulled and dried pistachios for the aflatoxin certification before further processing. (2) The handler may segregate receipts into various lots at the handler's discretion and have an inspector sample and test each specific lot. Any lots that are found to have less aflatoxin than the level established by the committee and approved by the Secretary can be certified by an inspector to be negative as to aflatoxin. Any lots that are found to have aflatoxin exceeding the level established by the committee and approved by the Secretary may be tested after reworking in the same manner as specified in § 983.52. (b) Quality. [74 FR 56540, Nov. 2, 2009, as amended at 77 FR 36123, June 18, 2012] § 983.54 Commingling. Certified lots may be commingled with other certified lots, but the commingling of certified and uncertified lots shall cause the loss of certification for the commingled lots. [74 FR 56540, Nov. 2, 2009] § 983.55 Reinspection. The Secretary, upon recommendation of the committee, may establish rules and regulations to establish conditions under which pistachios would be subject to reinspection. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.56 Inspection, certification and identification. Upon recommendation of the committee and approval of the Secretary, all pistachios that are required to be inspected and certified in accordance with this part shall be identified by appropriate seals, stamps, tags, or other identification to be affixed to the containers by the handler. All inspections shall be at the expense of the handler, Provided, [74 FR 56540, Nov. 2, 2009] § 983.57 Substandard pistachios. The committee shall, with the approval of the Secretary, establish such reporting and disposition procedures as it deems necessary to ensure that pistachios which do not meet aflatoxin and quality requirements are not shipped for human consumption in those markets for which such requirements exist pursuant to §§ 983.50 and 983.51. [77 FR 36123, June 18, 2012] § 983.58 Interhandler transfers. Within the production area, any handler may transfer pistachios to another handler for additional handling, and any assessments, inspection requirements, aflatoxin testing requirements, and any other marketing order requirements with respect to pistachios so transferred may be assumed by the receiving handler. The committee, with the approval of the Secretary, may establish methods and procedures, including necessary reports, to maintain accurate records for such transfers. [74 FR 56541, Nov. 2, 2009] § 983.59 Modification or suspension of regulations. (a) In the event that the committee, at any time, finds that by reason of changed conditions, any regulations issued pursuant to §§ 983.50 through 983.58 should be modified or suspended, it shall, pursuant to § 983.43, so recommend to the Secretary. (b) Whenever the Secretary finds from the recommendations and information submitted by the committee or from other available information, that a regulation should be modified, suspended, or terminated with respect to any or all shipments of pistachios in order to effectuate the declared policy of the Act, the Secretary shall modify or suspend such provisions. If the Secretary finds that a regulation obstructs or does not tend to effectuate the declared policy of the Act, the Secretary shall suspend or terminate such regulation. (c) The Secretary, upon recommendation of committee, may issue rules and regulations implementing §§ 983.50 through 983.58. [74 FR 56541, Nov. 2, 2009] Reports, Books and Records § 983.64 Reports. Upon the request of the committee, with the approval of the Secretary, each handler shall furnish such reports and information on such forms as are needed to enable the Secretary and the committee to perform their functions and enforce the regulations under this part. The committee shall provide a uniform report format for the handlers. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] § 983.65 Confidential information. All reports and records furnished or submitted by handlers to the committee which include confidential data or information constituting a trade secret or disclosing the trade position, financial condition, or business operations of the particular handler or their customers shall be received by, and at all times kept in the custody and under the control of, one or more employees of the committee, who shall disclose such data and information to no person except the Secretary. However, such data or information may be disclosed only with the approval of the Secretary, to the committee when reasonably necessary to enable the committee to carry out its functions under this part. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] § 983.66 Records. Records of pistachios received, held and shipped by him, as will substantiate any required reports and will show performance under this part will be maintained by each handler for at least three years beyond the crop year of their applicability. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] § 983.67 Random verification audits. (a) All handlers' pistachio inventory shall be subject to random verification audits by the committee to ensure compliance with the terms of the order, and regulations adopted pursuant thereto. (b) Committee staff or agents of the committee, based on information from the industry or knowledge of possible violations, may make buys of handler product in retail locations. If it is determined that violations of the order have occurred as a result of the buys, the matter will be referred to the Secretary for appropriate action. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] § 983.68 Verification of reports. For the purpose of checking and verifying reports filed by handlers or the operation of handlers under the provisions of this part, the Secretary and the committee, through their duly authorized agents, shall have access to any premises where pistachios and records relating thereto may be held by any handler and at any time during reasonable business hours, shall be permitted to inspect any pistachios so held by such handler and any and all records of such handler with respect to the acquisition, holding, or disposition of all pistachios which may be held or which may have been shipped by him/her. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] Expenses and Assessments § 983.70 Expenses. The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by it during each production year for the maintenance and functioning of the committee and for such other purposes as the Secretary may, pursuant to the provisions of this part, determine to be appropriate. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009] § 983.71 Assessments. (a) Each handler who receives pistachios for processing in each production year, except as provided in § 983.58, shall pay the committee on demand, an assessment based on the pro rata (b) The committee, prior to the beginning of each production year, shall recommend and the Secretary shall set the assessment for the following production year, which shall not exceed one-half of one percent of the average price received by producers in the preceding production year. The committee, with the approval of the Secretary, may revise the assessment if it determines, based on information including crop size and value, that the action is necessary, and if the revision does not exceed the assessment limitation specified in this section and is made prior to the final billing of the assessment. [69 FR 17850, Apr. 4, 2004. Redesignated and amended at 74 FR 56540, Nov. 2, 2009] § 983.72 Contributions. The committee may accept voluntary contributions but these shall only be used to pay for committee expenses unless specified in support of research under § 983.46. Furthermore, research contributions shall be free of additional encumbrances by the donor and the committee shall retain complete control of their use. [74 FR 56540, Nov. 2, 2009] § 983.73 Delinquent assessments. Any handler who fails to pay any assessment within the time required by the committee, shall pay to the committee a late payment charge of 10 percent of the amount of the assessment determined to be past due and, in addition, interest on the unpaid balance at the rate of one and one-half percent per month. The late payment and interest charges may be modified by the Secretary upon recommendation of the committee. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.74 Accounting. (a) If, at the end of a production year, the assessments collected are in excess of expenses incurred, such excess shall be accounted for in accordance with one of the following: (1) If such excess is not retained in a reserve, as provided in paragraph (a)(2) of this section, it shall be refunded proportionately to the persons from whom it was collected in accordance with § 983.71: Provided, pro rata (2) The committee, with the approval of the Secretary, may carry over such excess into subsequent production years as a reserve: Provided, (i) To defray expenses, during any production year, prior to the time assessment income is sufficient to cover such expenses; (ii) To cover deficits incurred during any production year when assessment income is less than expenses; (iii) To defray expenses incurred during any period when any or all provisions of this part are suspended; and (iv) To cover necessary expenses of liquidation in the event of termination of this part. Upon such termination, any funds not required to defray the necessary expenses of liquidation shall be disposed of in such manner as the Secretary may determine to be appropriate: Provided, pro rata (b) All funds received by the committee pursuant to the provisions of this part shall be used solely for the purpose specified in this part and shall be accounted for in the manner provided in this part. The Secretary may at any time require the committee and its members to account for all receipts and disbursements. (c) Upon the removal or expiration of the term of office of any member of the committee, such member shall account for all receipts and disbursements for which that member was personally responsible, deliver all committee property and funds in the possession of such member to the committee, and execute such assignments and other instruments as may be necessary or appropriate to vest in the committee full title to all of the committee property, funds, and claims vested in such member pursuant to this part. [69 FR 17850, Apr. 4, 2004. Redesignated and amended at 74 FR 56540, Nov. 2, 2009] § 983.75 Implementation and amendments. The Secretary, upon the recommendation of a majority of the committee, may issue rules and regulations implementing or modifying §§ 983.64 through 983.74 inclusive. [74 FR 56540, Nov. 2, 2009] Miscellaneous Provisions § 983.80 Compliance. Except as provided in this part, no handler shall handle pistachios, the handling of which has been prohibited or otherwise limited by the Secretary in accordance with provisions of this part; and no handler shall handle pistachios except in conformity to the provision of this part. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.81 Right of the Secretary. The members of the committee (including successors or alternates) and any agent or employee appointed or employed by the committee, shall be subject to removal or suspension at the discretion of the Secretary, at any time. Each and every decision, determination, or other act of the committee shall be subject to the continuing right of the Secretary to disapprove of the same at any time, and upon such disapproval, shall be deemed null and void. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.82 Personal liability. No member or alternate member of the committee, nor any employee, representative, or agent of the committee shall be held personally responsible to any handler, either individually, or jointly with others, in any way whatsoever, to any person, for errors in judgment, mistakes, or other acts, either of commission or omission, as such member, alternate member, employee, representative, or agent, except for acts of dishonesty, willful misconduct, or gross negligence. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.83 Separability. If any provision of this part is declared invalid, or the applicability thereof to any person, circumstance, or thing is held invalid, the validity of the remainder, or the applicability thereof to any other person, circumstance, or thing, shall not be affected thereby. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.84 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, or, in accordance with such powers, to act in the premises whenever such action is deemed advisable. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.85 Duration of immunities. The benefits, privileges, and immunities conferred upon any person by virtue of this part shall cease upon its termination, except with respect to acts done under and during the existence thereof. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.86 Agents. The Secretary may, by a designation in writing, name any person, including any officer or employee of the United States Government, or name any service, division or branch in the United States Department of Agriculture, to act as agent or representative of the Secretary in connection with any of the provisions of this part. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.87 Effective time. The provisions of this part, as well as any amendments, shall become effective at such time as the Secretary may declare, and shall continue in force until terminated or suspended in one of the ways specified in § 983.88 or § 983.89. [74 FR 56540, Nov. 2, 2009] § 983.88 Suspension or termination. The Secretary shall terminate or suspend the operation of any or all of the provisions of this part, whenever he/she finds that such provisions do not tend to effectuate the declared policy of the Act. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.89 Termination. (a) The Secretary may at any time terminate the provisions of this part. (b) The Secretary shall terminate or suspend the operations of any or all of the provisions of this part whenever it is found that such provisions do not tend to effectuate the declared policy of the Act. (c) The Secretary shall terminate the provisions of this part at the end of any fiscal period whenever it is found that such termination is favored by a majority of producers who, during a representative period, have been engaged in the production of pistachios: Provided, (d) Within six years of the effective date of this part the Secretary shall conduct a referendum to ascertain whether continuance of this part is favored by producers. Subsequent referenda to ascertain continuance shall be conducted every six years thereafter. The Secretary may terminate the provisions of this part at the end of any fiscal period in which the Secretary has found that continuance of this part is not favored by a two thirds ( 2/3 2/3 (e) The provisions of this part shall, in any event, terminate whenever the provisions of the Act authorizing them cease. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.90 Procedure upon termination. Upon the termination of this part, the members of the committee then functioning shall continue as joint trustees, for the purpose of liquidating the affairs of the committee. Action by such trustees shall require the concurrence of a majority of said trustees. Such trustees shall continue in such capacity until discharged by the Secretary, and shall account for all receipts and disbursements and deliver all property on hand, together with all books and records of the committee and the joint trustees, to such persons as the Secretary may direct; and shall 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 the funds, properties, and claims vested in the committee or the joint trustees, pursuant to this part. Any person to whom funds, property, or claims have been transferred or delivered by the committee or the joint trustees, pursuant to this section, shall be subject to the same obligations imposed upon the members of said committee and upon said joint trustees. [69 FR 17850, Apr. 4, 2002. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.91 Effect of termination or amendment. Unless otherwise expressly provided by the Secretary, the termination of this part or of any regulation issued pursuant thereto, 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 provisions of this part or any regulation issued there under, (b) Release or extinguish any violation of this part or any regulation issued there under, or (c) Affect or impair any rights or remedies of the Secretary, or of any other persons, with respect to such violation. [69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56540, Nov. 2, 2009] § 983.92 Exemption. Any handler may handle pistachios within the production area free of the requirements in §§ 983.50 through 983.58 and § 983.71 if such pistachios are handled in quantities not exceeding 5,000 dried pounds during any production year. The Secretary, upon recommendation of the committee, may issue rules and regulations changing the 5,000-pound quantity applicable to this exemption. [74 FR 56540, Nov. 2, 2009, as amended at 88 FR 82235, Nov. 24, 2023] Subpart B—Administrative Requirements § 983.150 Aflatoxin regulations. (a) Maximum level. (b) Change in level. (c) Transfers between handlers. (d) Aflatoxin testing procedures. (1) Samples for testing. (i) At premises with mechanical sampling equipment (auto-samplers) approved by the USDA Federal-State Inspection Service, samples shall be drawn by the handler in a manner acceptable to the Committee and the USDA Federal-State Inspection Service. (ii) At premises without mechanical sampling equipment, sampling shall be conducted by or under the supervision of an inspector, or as approved under an alternative USDA-recognized inspection program. (2) Test samples for aflatoxin. Table 1 to § 983.150( d Lot weight Minimum number Total weight of Weight of test 220 or less 10 2.0 2.0 221-440 15 3.0 3.0 441-1,100 20 4.0 4.0 1,101-2,200 30 6.0 6.0 2,201-4,400 40 8.0 8.0 4,401-11,000 60 12.0 6.0 11,001-22,000 80 16.0 8.0 22,001-150,000 100 20.0 10.0 Table 2 to § 983.150( d Lot weight Minimum number Total weight of Weight of test 220 or less 10 1.0 1.0 221-440 15 1.5 1.5 441-1,100 20 2.0 2.0 1,101-2,200 30 3.0 3.0 2,201-4,400 40 4.0 4.0 4,401-11,000 60 6.0 3.0 11,001-22,000 80 8.0 4.0 22,001-150,000 100 10.0 5.0 (3) Testing of pistachios. (4) Certification of lots “negative” as to aflatoxin. (ii) Lots which require two test samples will be certified as “negative” on the aflatoxin inspection certificate if Test Sample #1 has an aflatoxin level at or below 10 ppb. If the aflatoxin level of Test Sample #1 is above 20 ppb, the lot fails and the accredited laboratory shall fill out a failed lot notification report as specified in §§ 983.52 and 983.152. If the aflatoxin level of Test Sample #1 is above 10 ppb and at or below 20 ppb, the accredited laboratory may at the handler's discretion analyze Test Sample #2 and the test results of Test Samples #1 and #2 will be averaged. Alternately, the handler may elect to withdraw the lot from testing, rework the lot, and resubmit it for testing after reworking. If the handler directs the laboratory to proceed with the analysis of Test Sample #2, a lot will be certified as negative to aflatoxin and the laboratory shall issue an aflatoxin inspection certificate if the averaged results of Test Sample #1 and Test Sample #2 is at or below 15 ppb. If the averaged aflatoxin level of Test Samples #1 and #2 is above 15 ppb, the lot fails and the accredited laboratory shall fill out a failed lot notification report as specified in §§ 983.52 and 983.152. (iii) The accredited laboratory shall send a copy of the failed lot notification report to the Committee and to the failed lot's owner within 10 working days of any failure described in this section. If the lot is certified as negative as described in this section, the aflatoxin inspection certificate shall certify the lot using a certification form identifying each lot by weight, grade, and date. The certification expires for the lot or remainder of the lot after 12 months. (5) Certification of aflatoxin levels. (6) Test samples that are not used for analysis. [74 FR 56530, Nov. 2, 2009, as amended at 75 FR 43048, July 23, 2010; 79 FR 37932, July 3, 2014] § 983.152 Failed lots/rework procedure. (a) Inshell rework procedure for aflatoxin. (b) Kernel rework procedure for aflatoxin. [74 FR 56531, Nov. 2, 2009] § 983.155 Reinspection. (a) Any lot of inshell pistachios that is pin-picked, hand-sorted, color-sorted, and/or resized is considered to be “materially changed.” Pistachios which are roasted, salted, flavored, air-legged, dyed, color-coated, cleaned, and otherwise subjected to similar processes are not considered to be materially changed. (b) Each handler who handles pistachios shall cause any lot or portion of a lot initially certified for aflatoxin, and subsequently materially changed, to be reinspected for aflatoxin and certified as a new lot or new lots: Provided [70 FR 61226, Oct. 21, 2005, as amended at 71 FR 51987, Sept. 1, 2006; 72 FR 69141, Dec. 7, 2007. Redesignated and amended at 74 FR 56530, Nov. 2, 2009] § 983.164 Reports. (a) ACP-2, Failed Lot Notification. (b) ACP-3, Failed Lot Disposition and Rework Report. (c) ACP-4, Federal Marketing Order Exempt Handler Notification. (d) ACP-5, Minimal Testing Form. (e) ACP-6, Inter-handler Transfer. (f) ACP-7 Monthly Report of Inventory/Shipments. (g) ACP-8, Producer Delivery Report. Provided, (h) Exemptions. (i) Records. [70 FR 39907, July 12, 2005, as amended at 71 FR 51987, Sept. 1, 2006; 72 FR 69141, Dec. 7, 2007; 73 FR 18705, Apr. 7, 2008. Redesignated and amended at 74 FR 56530, Nov. 2, 2009] Subpart C—Assessment Rate § 983.253 Assessment rate. On and after September 1, 2024, an assessment rate of $0.0003 per pound is established for California, Arizona, and New Mexico pistachios covered under the Order. [90 FR 45119, Sept. 19, 2025]