RAC-35 (989) CA Raisins Cmte.- Application for Sale, Shipment,

OMB No. 0581-0178

RAISIN ADMINISTRATIVE COMMITTEE

2445 Capitol Street, Suite 200

Fresno, California 93721

Phone: (559) 225-0520

APPLICATION FOR SALE, SHIPMENT, OR DISPOSITION

OF RAISINS OR RAISIN RESIDUAL MATERIAL

Application No. _________________

Date _________________

The undersigned handler hereby requests approval of this application for the sale or disposition of the raisins or raisin residual material, in the quantity, of the description, to the person, and for the usage as shown herein, subject to the provisions of § 989.159(g)(2) of the Rules and Regulations of Federal Marketing Order Number 989 and all other applicable provisions of the Marketing Order, including that for payment of liquidated damages as set forth on the reverse side of this application.

1. Name of Buyer

Address

Phone Number

2. Name of Consignee

Address

Phone Number

3. Ultimate User

Address

Phone Number

4. Use or Disposition

5. Present Location

6. Quantity

	lbs. raisins		lbs. residual
Type of Holding Container:
	raisins		residuals

7. Description of raisins or materials

8. Estimated Shipping Date

Carrier

9. Sales Contract Filed (Date)

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 of the United States Code, which provides for a penalty of a fine or imprisonment of not more than five years, or both.

Handler			APPROVED
Address			Raisin Administrative Committee
By		Name
Title		Signature

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 OMB control number. The valid OMB control number for this information collection is 0581-0178. The time required to complete this information collection is estimated to average 5 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.

INSTRUCTIONS FOR COMPLETING FORM RAC-35

The Rules and Regulations promulgated pursuant to Marketing Order No. 989 require, except for specific exemptions stated in the Rules, the filing and approval of an application before the handler ships or otherwise disposes of off-grade raisins, other failing raisins and raisin residual material for use within the continental United States, other than Alaska, and in eligible non-normal outlets. Non-normal outlets include the sale or processing for stock feed, distillation or in any other outlet than those customarily used for the commercial disposition of raisins meeting the then applicable grade and condition standards for natural condition or packed raisins.

If the name and address of the user or consignee, or the use to be made of the raisins or residuals is not known to the handler, the handler shall arrange for the submission of such information to the Raisin Administrative Committee (RAC) by the buyer. The RAC will not approve the application until this information has been received, or if any other information called for herein is lacking. The basis for approving or disapproving the application or revoking previously approved applications is set out in the Rules and Regulations, as amended.

The handler shall submit to the RAC on every sale or shipment, within twenty (20) days (exclusive of Saturdays, Sundays and holidays) after such shipment, a certified invoice showing the quantity, type of container, and destination specified in the handler’s approved application.

This application shall be accompanied by the handler’s sales contract with the buyer and the RAC-36. The sales contract shall contain provisions relating to the disposition of the raisins or raisin material, the submission of documents and the maintenance and examination of records as set out in the Rules and Regulations.

In the event raisins or raisin residual material covered by an approved application should be shipped to points outside the continental United States or to Alaska, or disposed of in other than eligible non-normal outlets by any person, it will cause serious and substantial damage to the RAC and to the producers and handlers of raisins, and it will be difficult, if not impossible, to prove the extent of such damage and, therefore, the handler shall pay to the RAC the sum of an amount equal to the established field price as liquidated damages for each ton so shipped or disposed of, such sum being a fair measure of damages and not a penalty.

This report is required by law (7 U.S.C. 608d, 7 CFR 989.159(g)(2)(i)(e)). Failure to report can result in a fine of $2,750 for each such violation and each day during which such violation continues shall be deemed a separate violation.

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.

RAC-35 (Exp. x/xxxx) Destroy previous versions.