CMC-DISP Handler Disposal Certification (with attachments)

OMB No. 0581-0304

Filing Date

Disposal Date

Crop Year

Cranberry Marketing Committee
219A Main Street
Wareham, MA 02571
Phone: (508) 291-1510; Fax: (508) 291-1511
Website: www.usacranberries.com

HANDLER DISPOSAL CERTIFICATION

For any crop year in which a handler withholding is established under §929.54 of the Marketing Order, this certificate is required to be completed by all handlers of cranberries to certify to the Cranberry Marketing Committee (CMC) that cranberries acquired by the handler have been withheld from handling. All definitions used in this form shall have the same meaning as those in §§929.1-929.17 of the Marketing Order.

Note: This form applies to disposal activities. Handlers wishing to receive credit for withheld cranberries diverted to non-commercial outlets should use the “Application for Outlets for Excess Fruit.” This form must be filed no more than two weeks following the disposal date.

Handler Name: _________________________________________ Contact Name: __________________________________

Business Address: ______________________________________________________________________________________

Telephone No.: _____________________________ Email Address: ______________________________________________

4. Lot Details

Container Type:

• Bins

• Drums

• Bulk

• Other __________

_______________

# Containers_________

Reference #_________

Storage/Delivery
Location: ___________
___________________

3. Amount of Processed Cranberries in Lot

If form in Box 2 is other than Whole Fruit, identify volume in processed form.

Concentrate/Low Brix

Juice: ________________(gallons)

SDCs: _______________(pounds)

Other:___________

2. Form of Disposed Cranberries

• Whole Fruit

• 50 Brix Concentrate

• Low Brix Juice

• Dried Cranberries

• Other _______

____________

____________

1. Marketable Cranberries Disposed in this Lot:*

______________ (bbl.)

*Disposal of forms other than whole fruit requires appropriate conversion applying approved CMC conversion rates.

Withhold Cranberry Details

Withheld cranberries must meet the standards of grade, size, quality and condition established by the CMC under the applicable volume regulation.

5. Lot Quantity

Percent Marketable: ________________ %

Percent Defect: ____________________ %

Total Marketable: __________________ %

Complete This Section if Disposing Whole Fruit

6. Receiving Information (Optional)

Grower Name: _______________________________________

Delivery Date: _______________________________________

Receiving #: _________________________________________

Receiving Location: _____________________________________

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 0581-0304. The time required to complete this information collection is estimated to average 10 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.

Complete This Section for All Disposals

Disposal Site/Lot Recipient:____________________________________________________________________________ Address: ___________________________________________________________________________________________ Contact Name: ______________________ Phone: ____________________ Email: _______________________________
Truck Info:	Transport Co:____________________	Truck #:__________________	Bin Weight:____________
	Gross Weight:____________________	Net Weight:_______________	Tare Weight____________
Disposal Method (Choose one):
Sanitary Landfill Composting Fermentation Incineration Other (Describe):___________________ Disposal of Concentrate/Low Brix Juice via Wastewater Treatment Process (*Attach documentation to confirm volumes.)

HANDLER CERTIFICATION
I, _____________________hereby certify to the CMC and the Secretary of Agriculture that this is a true and correct record of information regarding the undersigned Handler for the current crop year, and that the undersigned handler has a good faith intent to withhold cranberries in accord with the Marketing Order as described herein. I further certify that I have the authority to make such representation on behalf of the undersigned handler.
Name: ___________________________________________	Title: _________________________________________
Signature: _______________________________________	Date: __________________________________________

INSPECTOR CERTIFICATION (If Applicable)
The undersigned recipient of the lot of withheld cranberries that are described herein has received them for the purposes of disposing of them in the manner described herein. I hereby certify to the CMC and to the Secretary of Agriculture that the withheld cranberries have been disposed as described herein.
Company Name: _____________________________________________________________________________________
Name: ___________________________________________	Title: __________________________________________
Signature: ________________________________________	Date: __________________________________________

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: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.

HANDLER WITHHOLDING CONVERSION

PROCESSED CRANBERRY PRODUCTS TO BARRELS

This form establishes the guidelines for the quantities of processed cranberries that must be withheld in lieu of raw cranberries in any crop year in which a handler withholding is established under §929.54 of the Marketing Order. The purpose of the form is to allow the Cranberry Marketing Committee (CMC) and handlers to ascertain that for such crop year, a quantity of processed cranberries acquired by the handler, has been withheld in lieu of withheld cranberries during such crop year. All definitions used in this form shall have the same meaning as those in §§929.1-929.17 of the Marketing Order.

Handlers wishing to withhold Cranberry Juice Concentrate (Conc.), Low Brix juice, or Sweetened Dried Cranberries (SDC), can use the % Solids Brix Chart, Exhibit 1, and the Processed Cranberry Conversions Sheet to determine raw fruit equivalencies when disposing of processed cranberry products.

Disposal Conversions
Cranberry Concentrate (50 Brix) Withholding	Gallons of Conc.	/	Area Avg. Brix / FSP per gal.	=	Barrels of Raw Fruit
	Sample (MA handler)
Gallons of Concentrate to Barrels of Raw Fruit	6,000 gal.	/	1.64	=	3,658.54 bbls.
Cranberry Concentrate (50 Brix) Withholding	Barrels of Raw Fruit	X	Area Avg. Brix / FSP per gal.	=	Gallons of Conc.
	Sample (MA handler)
Barrels of Raw Fruit to Gallons of Concentrate	4,500 bbls.	X	1.64	=	7,380 gal. of 50 brix Conc.

* Refer to Exhibit 1 for data needed in this calculation

Disposal Conversions
Low Brix Juice Withholding	Gallons of Juice	/	(FSP per gal. of Conc./FSP per gal. Juice)	/	Area Avg. Brix / FSP per gal.	=	Barrels of Raw Fruit
Gallons of Low Brix Juice to Barrels of Raw Fruit	Sample: MA handler disposing of 11,000 gallons of 5.0 brix juice
	11,000 gal.	/	(5.126 / .4243)	/	1.64	=	555.24 bbls.

* Refer to % Solids Brix Chart for data needed in this calculation

Disposal Conversions
SDC Withholding	Pounds of SDC	/	Conversion Factor (from section D in Processed Cranberry Conversion Sheet)	/	100 lbs. (barrel)	=	Barrels of Raw Fruit
Pounds SDCs to Barrels of Raw Fruit	Sample: MA handler disposing of 24,000 lbs. of SDCs
	24,000	/	1.026	/	100	=	233.92

* Refer to Processed Cranberry Conversion Sheet for data needed in this calculation

NOTICE: For cranberry products other than Concentrate, Juice, or SDCs, a handler must submit a written request to the CMC for approval of product and conversion calculations prior to disposal.

EXHIBIT 1 EQUIVALENCIES ETC.

The following explains the calculations of Barrel equivalents for disposal of concentrates in lieu of disposing of whole fruit for the 2017 volume regulation. These calculations are designed to reduce the costs of refining product to 50 brix concentrate, when a product is being disposed of, though it is not intended to keep any company from being allowed to dispose of 50 brix concentrate should it chose to.

The following conversions rely on using the figures from the attached Brix chart:

The industry standard for concentrate is 50 Brix.

To calculate the approximate number of gallons of 50 Brix concentrate you will get from 1 barrel of cranberries, you divide the average brix of the barrel of fruit by the amount of fruit solid pounds in 50 brix concentrate as listed on the brix chart, 5.1260. Fruit with 10 brix yields 1.95 gallons of 50 brix concentrate.

The proposed average brix per region are as follows, with the following regional conversions:

To calculate the equivalencies for product coming off an SDC line, product is tested at least daily to measure the amount of brix. If the Brix level is 5.0, you divide the fruit solid pounds in 50 brix concentrate by the fruit solid pounds in 5.0 brix concentrate, to realize you need 12 gallons of 5.0 brix concentrate to make 50 brix concentrate. This calculation works for any number on the brix chart.

Lastly, you use the regional adjustment, in proportion to the source of fruit inputted into the process to calculate barrel equivalents. See formula, then example below:

Gallons of concentrate divided by (FSP per gallon of 50 brix concentrate/FSP per gallon of measured concentrate) divided by regional conversion gallons = barrel equivalents

For example: 200,000 gallons of 5.0 brix concentrate from a Wisconsin SDC line would calculate as follows with calculations shown

(200,000 gallons/ (5.1260/.4243)FSP per gal) / 1.70 gallons per barrel = 9,739 barrel equivalents

(200,000 gallons/ (12.08) FSP per gal) / 1.70 gallons per barrel = 9,739 barrel equivalents

(16,556.29 gallons) / 1.70 gallons per barrel = 9,739 barrel equivalents

MARKETABLE FRUIT DEFINITIONS

For Use by Handlers for Compliance with any Volume Regulation
under Marketing Order 929

Except to the extent explicitly modified below, all definitions used in this form shall have the
same meaning as those in §§929.1-929.17 of the Marketing Order.

Marketable Cranberries

• Fresh – 9/32 inch or larger fruit that is not processed in any method. Usually dry harvested, but can be wet harvested depending on region.

• Processed – 9/32 inch or larger fruit that is classified as canned, frozen, or dehydrated and processed by any other method to be used including but not limited to the following categories:

  • SDC

  • Concentrate

  • Sauce

  • Powders

  • Frozen

• “Marketable cranberries” does not include fruit that is poor or unusable, as described herein.

Poor or Unusable Fruit:

Poor or unusable fruit is defined as fruit less than 9/32” in diameter, fruit damaged by frost, mold, rot, mechanical abuse, decay, crushed, contamination from insects, or fruit which is uncolored. When the damage exceeds 25% of the piece of fruit, a berry will be considered unusable. A berry will be considered uncolored if less than 25% of the surface of the individual piece of fruit, in the aggregate, shows pink or red color characteristic of the cranberry. However, fruit destined for further processing and sale will not be considered unusable based on color alone. Poor or unusable fruit also includes any fruit that is considered unsuitable for human consumption. The percent Marketable Cranberries will be determined from the sample and applied against the entire load from which the sample was taken.

Fruit considered to be counted for Handler Withholding:

• Fruit that is considered Marketable Cranberries defined above, will be the only form of fruit to be counted as part of the Hander Withholding percentage for each handler.

CMC-DISP (03/2018)