Justification of Change-Civil Penality Amount

Justification of Change Worksheet

Fruit Crops

OMB No. 0581-0189

Texas Citrus Marketing Order No. 906 (7 CFR Part 906)

September 7, 2022

This justification of change seeks Office of Management and Budget’s (OMB) approval on two Texas Citrus forms to update the civil penalty amount for each violation that is currently in effect. These forms are part of OMB No. 0581-0189, Texas Citrus Marketing Order No. 906 (7 CFR part 906). The Texas Valley Citrus Committee (Committee) uses these forms to administer the Federal marketing order that regulates the handling of oranges and grapefruit grown in the Lower Rio Grande Valley of Texas under the Agricultural Marketing Service’s oversight. The two forms that require civil penalty amount update are:

1. Seller/Buyer Certification (No form number)

Sellers submit this form to the Committee any time they sell over 400 pounds of citrus fruit that is destined for resale inside the production area. The Committee uses this information to monitor compliance with the marketing order and to ensure that fruit does not leave the production area in violation of the marketing order’s requirements.

2. Certificate of Privilege (No form number)

Commodities that are shipped to the fresh market must meet certain requirements in grade, size, quality, maturity, pack, container, and inspection. The same commodities shipped to other outlets are exempt from these requirements, provided that they meet certain safeguards, one of which is a certification that a commodity shipped to an exempt outlet will not enter fresh market channels. To receive this exemption, a handler must apply to the Committee and acquire this certificate permitting each such shipment. The Committee uses this form to verify compliance with these requirements.

Civil penalty in these forms is $1100. This amount must be replaced with $3147 to reflect the current civil penalty amount.

The correction in these forms will not affect the burden hours for sellers (handler/producer) since the changes are minimal and only updating the civil penalty amount.