Pursuant to § 956.13, fiscal period shall mean the period beginning January 1 and ending December 31 of each year.
[68 FR 57326, Oct. 3, 2003]
For Walla Walla Sweet Onions handled prior to September 1, the Committee shall impose an interest charge on any handler who fails to pay his or her annual assessments within thirty (30) days of the due date of September 30. For Walla Walla Sweet Onions handled during the period September 1 through May 31, the Committee shall impose an interest charge on any handler who fails to pay his or her assessments within thirty (30) days of the last day of the month in which such shipments are made. The interest charge shall be 1
1/2 percent of the unpaid assessment balance. In the event the handler fails to pay the delinquent assessment amount within 60 days following the due date, the 1
1/2 percent interest charge shall be applied monthly thereafter to the unpaid balance, including any accumulated interest. Any amount paid by a handler as an assessment, including any charges imposed pursuant to this paragraph, shall be credited when the payment is received in the Committee office.
[75 FR 34347, June 17, 2010]
Effective April 15, 1997, no handler shall ship any container of Walla Walla Sweet Onions except in accordance with the following terms and provisions:
(a) Each container of Walla Walla Sweet Onions shall be conspicuously marked with the “Genuine Walla Walla Sweet Onion” logo. The marking may be in the form of a decal or a stamped imprint of any color and size: Provided, That the decal or stamped imprint must be placed in plain sight and easy to read.
(b) Walla Walla Sweet Onions may be handled not subject to the marking requirements of this section when handlers ship such onions pursuant to § 956.163, or ship such onions in field packed bulk bins containing more than 500 pounds net weight for sale to roadside stands and farmers' market operators for repacking and direct consumer sale: Provided, That subject to Committee verification of handler container inventories, handlers may use their existing inventories of unmarked containers until April 15, 1999.
[62 FR 18026, Apr. 14, 1997]
(a) Assessment and container marking requirements specified in this part shall not be applicable to shipments of onions for any of the following purposes:
(1) Shipments of Walla Walla Sweet Onions for relief or to charitable institutions: Provided, That such shipments must be donated and not sold in order for this exemption to apply;
(2) Shipments of Walla Walla Sweet Onions for livestock feed;
(3) Shipments of Walla Walla Sweet Onions for planting and for plants;
(4) Shipments of Walla Walla Sweet Onions as salad onions;
(5) Shipments of Walla Walla Sweet Onions for all processing uses including, pickling, peeling, dehydration, juicing, or other processing;
(6) Shipments of Walla Walla Sweet Onions for disposal;
(7) Shipments of Walla Walla Sweet Onions for seed.
(b) Market preparation outside the production area. (1) Persons desiring to ship or receive Walla Walla sweet onions for grading, packing, or storing outside the production area, but within Oregon and Washington, shall apply to the Committee on a “Shippers/Receivers Application for Certificate of Privilege” form. Such application shall contain the following:
(i) Company name, contact name, address, contact telephone numbers, date, and signature of the applicant;
(ii) Whether the applicant is the shipper or receiver;
(iii) Agreement to provide a Special Purpose Shipment Report to the Committee as required after shipping or receiving Walla Walla sweet onions for grading, packing, or storing out of the production area under a Certificate of Privilege.
(iv) Certification by the applicant that all provisions of the rules and regulations of this part will be adhered to including, but not limited to, any grade, size, quality, maturity, pack, or container requirements that may be currently in effect;
(v) Certification by the applicant, if a receiver under the Certificate of Privilege, that they will forward to the Committee office all assessments due on Walla Walla sweet onions handled.
(vi) Such other information as the Committee may require.
(2) Each approved applicant shall furnish to the Committee a Special Purpose Shipment Report form no later than thirty (30) days after the final shipment of sweet onions are shipped or received pursuant to the Certificate of Privilege. That report shall contain the following information:
(i) Company name, contact name, address, contact telephone numbers, signature, and date;
(ii) Names of shippers or receivers who have either shipped Walla Walla sweet onions out of the production area or received the same;
(iii) The total quantity of Walla Walla sweet onions shipped or received under this section during the period covered;
(iv) Certification by the receiver that all assessments due on Walla Walla sweet onions handled under the respective Certificate of Privilege are being forwarded to the Committee; and
(v) Such other information as the Committee may require.
(3) The Committee may cancel any Certificate of Privilege if proof satisfactory to the Committee is obtained that any Walla Walla sweet onions shipped or received were done so contrary to the provisions of this section. Upon cancellation of such Certificate of Privilege the shipper or receiver may appeal to the Committee for reconsideration.
[62 FR 18026, Apr. 14, 1997, as amended at 69 FR 22382, Apr. 26, 2004]
(a) Each handler shall furnish to the Committee, no later than May 31 each year, a preseason Walla Walla Sweet Onion Handler Registration Form. Such form shall include:
(1) Company name, contact name, mailing and physical addresses, contact telephone numbers, and signature of handler;
(2) Season covered by registration;
(3) Brand names or labels to be used; and
(4) Estimated number of acres of fall planted and spring planted Walla Walla Sweet Onions to be packed during the season.
(b) Each handler shall furnish to the Committee a Handler's Statement of Walla Walla Sweet Onion Shipments containing the information in paragraphs (a)(1), (a)(2), and (a)(3) of this section, except that gift box and roadside stand sales shall be exempt from paragraph (a)(2) of this section: Provided, That for Walla Walla Sweet Onions handled prior to September 1, such report shall be furnished to the Committee by September 30, and that for Walla Walla Sweet Onions handled during the period September 1 through May 31, such report shall be furnished to the Committee no later than thirty (30) days after the end of the month in which such onions were handled:
(1) The number of 50 lb. equivalents of Walla Walla Sweet Onions shipped by each handler during each week of the shipping season and the total for the season;
(2) The geographical regions as defined by the Committee to which each shipment is made;
(3) The name, address, and signature of each handler; and
(4) The name of each producer and the number of 50 lb. equivalents of Walla Walla Sweet Onions that were handled on behalf of or acquired from that producer.
[69 FR 22382, Apr. 26, 2004, as amended at 75 FR 34347, June 17, 2010]
On and after January 1, 2023, an assessment rate of $0.20 per 50-pound bag or equivalent is established for Walla Walla sweet onions.
[88 FR 69879, Oct. 10, 2023]