F/H Form C Hazelnuts Bonding Undertaking

F/H Fonn C
OMB CONT. NO.
0581-0178
HAZELNUT MARKETING BOARD
21595-A Dolores Way N.E.
Aurora, OR 97002-9738

BONDING UNDERTAKING

WHEREAS, certain handlers of hazelnuts grown in Oregon and Washington have entered into a
Marketing Agreement with the Secretary of Agriculture of the United States, known as "Marketing Agreement
Regulating the Handling of Hazelnuts Grown in Oregon and Washington" and being Agreement No.115 of the
Marketing Agreement series of the United States Department of Agriculture; and the said Secretary of
Agriculture has, pursuant to the provisions of the Agriculture Marketing Agreement Act of 1937, as amended,
issued an Order for handlers of hazelnuts grown in Oregon and Washington, said Order being known as "Order
Regulating the Handling of Hazelnuts Grown in Oregon and Washington" and being Order No. 982, Order
series of the United States Department of Agriculture; and said Marketing Agreement and said Order are each
of them now in full force and effect; and

WHEREAS, Section 982.50 of said Marketing Agreement and said Order provides, subject to certain
exceptions, that every handler shall withhold from handling a quantity of hazelnuts equal to the restricted
percentage of the merchantable equivalent of all inshell hazelnuts handled by such handler for his account
during the fiscal year; and
WHEREAS, said Marketing Agreement and said Order each provide in Section 982.54 as follows:
§982.54 Deferment of restricted obligation
(a) Bonding. Compliance by any handler with the requirements of §982.50 when restricted hazelnuts
may be withheld shall be temporarily deferred to any date requested by the handler, but not later than 60 days
prior to the end of the marketing year. Such deferment shall be conditioned upon the voluntary execution and
delivery by the handler to the Board of a written undertaking before beginning to handle merchantable hazelnuts
during the marketing year. Such written undertaking shall be secured by a bond or bonds with a surety or
sureties acceptable to the Board that, on or prior to such date the handler will have fully satisfied the restricted
obligation required by §982.50, subject to any adjustment pursuant to §982.51.
(b) Bonding requirement. Such bond or bonds shall, at all times during their effective period, be in such
amounts that the aggregate thereof shall be no less than the total bonding value of the handler's deferred
restricted obligation. The bonding value shall be the deferred restricted obligation poundage bearing the lowest
bonding rate or rates, which could have been selected from the packs handled or certified for handling,
multiplied by the applicable bonding rate. The cost of such bond or bonds shall be borne by the handler filing
same.
(c) Bonding rate. Said bonding rate for each pack shall be an amount per pound as established by the
Board. Until bonding rates for a marketing year are fixed, the rates in effect for the preceding marketing year
shall continue in effect. The Board should make any necessary adjustments once such new rates are fixed.

2
WHEREAS, the principal named here is a handler of hazelnuts as defined in each said Marketing
Agreement and said Order and is now about to ship hazelnuts and desires to take advantage of the provisions
of said Marketing Agreement and said Order, as above set forth, whereby a bond may be filed in lieu of
immediately withholding his restricted hazelnuts;
NOW THEREFORE, the undersigned handler, in consideration of being allowed to file said bond and
thereby delay the time of withholding said restricted hazelnuts, does hereby undertake and agree that he will
on or before April 30, 20-,
comply with the provisions of Section 982.54 of each said Marketing
Agreement and Order, and fully satisfy his restricted obligation required by said Section 982.54; and in the
event of failure so to do, will pay the Hazelnut Marketing Board or its successors, in cash a sum equal to the
bonding value of such quantity or part thereof which such packer so fails to withhold; which sum is hereby
agreed upon as liquidated damages for such failure.

Dated this

day of

,20

Signature of Handler

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid O}yfJ3control number. The valid O}yfJ3control number for this information collection is 0581-0178. The time
required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin,
age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political
beliefs, reprisal, or because all or pori of an individual's income is derived from any public assistance program (Not all prohibited bases apply to all
programs.) Persons with disabilities who require altemative means for communication of program information (Braille, large print, audiotape, etc.)
should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).
To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S. w., Washington, D.C. 202509410, or call (800) 795-3272 (voice) or (202) 720-6382 (IDD). USDA is an equal opporlunity provider and employer.