FV-71 920-Kiwifruit Marketing Agreement/Handler Agreement

REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB NO. 0581- 0189

UNITED STATES DEPARTMENT OF AGRICULTURE

AGRICULTURAL MARKETING SERVICE

FRUIT AND VEGETABLE PROGRAMS

MARKETING AGREEMENT, REGULATING

THE HANDLING OF KIWIFRUIT GROWN IN CALIFORNIA

The parties hereto, in order to effectuate the declared policy of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. §§ 601-674, the “Act”), as amended, and in accordance with the applicable rules of practice and procedure governing proceedings to formulate marketing agreements and orders (7 CFR Part 900), desire to enter into this Agreement amending the Marketing Agreement as amended, regulating the handling of kiwifruit grown in California and each party hereto agrees that such handling of kiwifruit shall be in conformity to, and in compliance with the provisions of the said Marketing Agreement, as amended and as hereby further amended in the following respect:

1. The provisions of sections 920.1 to 920.70, inclusive, of Marketing Order No. 920, as amended (7 CFR Part 920) regulating the handling of kiwifruit grown in California, plus the additional provisions hereinafter set forth shall be, and the same hereby are, the terms and conditions hereof are hereby incorporated into this Marketing Agreement as if set forth in full herein.

2. The additional provisions are as follows:

Section 920.71 Counterparts.

This agreement may be executed in multiple counterparts and when one counterpart is signed by the Secretary of Agriculture, all such counterparts shall constitute, when taken together, one and the same instrument as if all signatures were contained in one original.

Section 920.72 Additional Parties.

After the effective date hereof, any handler may become a party of this Agreement if a counterpart hereof is executed by such handler and delivered to the Secretary. This Agreement shall take effect as to such new contracting party at the time such counterpart is delivered to the Secretary, and the benefits, privileges, and immunities conferred by this agreement shall then be effective as to such new contracting party.

Section 920.73 Order with Marketing Agreement.

Each contracting handler hereby requests the Secretary issue, pursuant to the Act, an order regulating the handling of kiwifruit in the same manner as provided for in this Agreement.

Authorization to correct typographical errors.

The undersigned hereby authorizes the Deputy Administrator or Associate Deputy Administrator, Fruit and Vegetable Programs, Agricultural Marketing Service, United States Department of Agriculture, to correct any typographical errors which may have been made in this Marketing Agreement.

IN WITNESS WHEREOF, the contracting parties, acting under the provisions of the Act, for the purpose and subject to the limitations therein contained, and not otherwise, have hereto set their respective signatures and seals.

	By:
(Firm name)		(Signature)
(Mailing address)		(Title)
(City, State, and ZIP Code)
(Corporate Seal: if none, so state)		(Date of Execution)

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The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative 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 USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call 202-720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

FV-71 (Rev. 7/10. Destroy previous editions.)