Memorandum of Agreement between Handlers Regarding Respo

REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB No. 0581-0177

Memorandum of Agreement

Between Handlers

Regarding Responsibilities for Tart Cherry Production under

The Marketing Order for Red Tart Cherries

Crop Year June _____ through July _____

There are circumstances when a handler might process cherries under agreement to and for the benefit of another handler. This causes some confusion regarding treatment of products

processed under this arrangement.

This agreement delineates the responsibilities between handlers with respect to red tart cherries handled by the respective parties. The parties to this transaction are:

___________________________________ , the Selling Handler, and

___________________________________ , the Buying Handler,

who shall be referred to as “Seller” and “Buyer,” respectively.

The default position of the order is that the originating handler, the handler that first receives tart cherries, is responsible for all aspects, duties and responsibilities relating to the requirements of the marketing order for tart cherries. This default position will control unless there is written agreement between the seller and buyer by which the responsibilities are acknowledged and accepted.

The handlers hereby assign the duties and responsibilities relating to the requirements of the marketing order for tart cherries in the manner and by the entity as indicated below:

Responsibility: Seller Buyer

Form 1 reporting

Form 2 reporting

Form 4 reporting and restriction

Assessment obligation

The parties hereby acknowledge and agree to the allocation of responsibilities as outlined above.

Selling Handler: ______________________

By:

Signature

Print Name

Date:

___ / ___ / ___

Buying Handler: ______________________

By:

Signature

Print Name

Date:

___ / ___ / ___

ORIGINAL, signed by both parties, and sent to the CIAB. BLUE, with Selling Party’s signature, sent to CIAB at time of agreement. YELLOW, retained by Selling Party. PINK, with both signatures, returned to Selling Party. GOLD, retained by Buying Party for records

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In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected]. USDA is an equal opportunity provider, employer, and lender.

Exp. X/XXXX. Destroy previous versions.