RAC-71 CA. Raisins--Storage Bin Agreement

RAC-71
Revised 12/06

1(aisin

lldministrative

Committee

3445 North First Street, Suite 101
P. O. Box 5217
Fresno,CA 93755

Office of Management and Budget
Control Number 0581-0178

RAC Storage Bin Agreement:
Crop Year
THIS AGREEMENT applies to all RAC storage bins that are: a) allocated to a packer based
on reserve pool holdings, b) rented from the RAC, or c) stored for the RAC by the packer.

Terms and conditions for use of RAC bins:
1. RAC bins will only be used to receive, handle, or store California raisins.
2. RAC bins are first allocated to raisin packers to store reserve raisins. The RAC will
allocate two (2) storage bins free of any rental charge for each ton of reserve raisins held
beyond the crop year of acquisition by the packer on August 1. If there are not sufficient
RAC bins (2 per reserve ton) available to store reserve raisins as of August 1, the RAC
will compensate the packer in accordance with Section 989.401(c) at a rate of 20 cents
per bin per day to a maximum of $10.00 per bin per year. Payment will be made as soon
as practicable, after January 31, in accordance to Section 989.66(f).
3. RAC storage bins in excess of those needed to store reserve raisins may be rented to a
packer, based on the packer's percentage share of acquisitions in the industry.
Remaining bins from packers who do not elect to rent their rental allocation, may be
rented to other packers. The rental charge will be $10.00 per bin for each bin the packer
agrees to rent. Rental payments will be due within ten (10) days of invoice with interest
assessed at prime rate plus two (2) percent for late payment. The packer authorizes the
RAC to deduct unpaid RAC bin charges and interest from any RAC payments due the
packer after January 31.
4. RAC bins in excess of the bins allocated for holding the reserve and those rented by the
packer will be made available to the RAC within 5 days of request. The bins must be
empty, clean and in good repair. A $2 per bin assessment will be charged for bins
delivered to the RAC that are not empty and clean. Excess RAC bins not made available
by a packer - RAC will charge the packer for costs incurred in securing bins from another
source plus a $20 per bin rental fee.
5. RAC bins to be rented in excess of those at the packer's location will be picked up at a
location designated by the RAC. The packer will be responsible for transportation costs.
6. RAC bins will not be released from handler locations to growers until the packer has
signed an RAC Storage Bin Agreement with the RAC.
7. The packer agrees that all RAC bins issued to growers will be returned by March 31 to
allow for proper accountability of bins and repairs if needed for the following crop year.
8. RAC bins needing repair are to be stacked separately and upon notification, the RAC field
staff will make arrangements to have the bins repaired.
9. The packer shall provide the RAC with a monthly accounting of RAC bin inventory on
Form RAC 9 - "RAC Bin Control Record."
1O.Prior to July 31, packer staff, accompanied by RAC staff, will conduct a physical inventory
of RAC bins held by the packer. (In-stack RAC bins may be estimated).

Misuse of RAC bins or failure to pay rental or other charges:
1. The RAe may deny use or rental of bins to a packer or require a bond or advance
payment for bins if: bins have been improperly used; required reports are not submitted;
or bin rental charges are not paid in a timely manner.
2. Normal "wear and tear" is considered to be 10% of bins allocated and rented. If a packer
has damaged RAe bins in excess of this amount, they will be repaired at the packer's
expense or the RAe will assess a replacement cost of $55 per bin.
3. The packer will pay a replacement cost of $55 per bin for RAe bins that are lost or
negligently damaged beyond repair while under the packer's control. If a packer is unable
to retrieve all bins it has allowed its producers to use, the $55 per bin charge will be
imposed on all missing bins. After March 31, if RAe staff informs a packer that RAe bins
are at one of their producers, and the packer does not retrieve the bins, the RAe will
retrieve the bins and bill the packer the $55 per bin replacement cost.
RAC BIN ALLOCATION AND PACKER INVENTORY
RAC'SBINOBLIGATIONON HOLDINGSAS OF AUGUST1,
PACKER'SBIN RESPONSIBILITY
BINS TO BE MOVED IN OR (OUT)
PACKER'S ALLOCATION
QUANTITY PACKER AGREES TO RENT
(RENTAL FEE OF $10 PER BIN)

(pACKER INITIAL)

BINS TO BE DELIVERED TO OR (REMOVED) FROM PACKER
(pACKER INITIAL)

Packer:

Date:

Signature:

Title:

Thisreport is required by law (7 u.s.e. 608(d), 7 e.F.R. 989.73 and 7 CPR 989.173(g)(1)). Failure to report can result in afine of
$1,100for each such violation and each day during which such violation continues shall be deemed a separate violation.
The making of any false statement or representations in any matter within the jurisdiction of any agency of the United States, knowing it
to be false, is a violation of Title 18, Section 1001, United States Code, which provides for a penalty of a fine of$10, 000 or imprisonment
of not more than five years, or both.
According to the Paperwork Reduction Act of 1995, an agency ~
not conduct or slZonsor, and a person is not required to respond to a
collection of inhrmation unless it displays a valid OAfB control number. The valid DAfB control number for this infonnation collection
is 0581-0178. The time required to complete this infonnation collection is estimated to average 5 minutes per response, including the
time for reviewing instructions, searchin~ existi7Jg Jata sources, gathering and maintaining tlie data needea, and completing and
reviewing the collection of infonnation. The U.S. Department of Agriculture (USDA) proliibits discrimination in all ItSprograms and
activities on the basis of race, color, national origin, age, disability, and where appncable, sex, marital status, familial status, parental
status, religion, sexual orientation, genetic inlonnation, political beliefs, reprisa~ or because all or part of.an individual's income is
derivedfrom any J1f!blic assistance p"
m (Not allyrohibited bases apply to all programs.) Persons wIth disabilities who require
alternative means or communication 0 rogram inJonnation (Braille, 1iirge print, auiliotalZe, etc.) should contact USDA's TARGET
8JD
Center at (202) //0-2600 (voice and
tb). Tojjle a complaint oldiscriminationJ, write to USD4 Director, Office of Civil Rights, 1400
Independence Avenue, S. w., Washington, D.e. 20250-9410 or call (800) 795-32/2 (voice) or (2v2) 720-638:t'(I'DD). USDA is an equal
opportunity provider and emplayer.