ND Department of Agriculture
Comments

October 30, 2000

Rebecca Davis
Production, Emergencies and Compliance Division
Farm Service Agency
USDA
STOP 0517
1400 Independence Avenue, SW
Washington, DC 20250-0517

Dear Ms. Davis:

I respectfully submit the following comments on the proposed rule regarding contract violations and diminution in payments with respect to fruit and vegetable planting payment reductions (Federal Register, Vol. 65, No. 195, pgs. 59759-59761).

As you know, I also submitted comments during the advanced proposed rulemaking in 1999. My comments relayed concern over the large monetary penalties given to farmers who inadvertently committed violations of section 118 (b) (1) of the Federal Agriculture Improvement and Reform Act of 1996.

The current proposed rule issued by USDA has addressed many of my concerns. I believe that the penalty formula provided in the proposed rule is fair and far less burdensome than current regulation. Further, by making this rule retroactive, producers who inadvertently violated this law in previous years and had payment reductions applied will be eligible for a refund based on the new formula calculations. I strongly support this provision of the proposed rule.

Thank you for your consideration of these comments. If I can provide additional information, please do not hesitate to contact me.

Sincerely,

Roger Johnson
Commissioner of Agriculture

RJ:pe

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