Almond Disposition of Reserve
Except as provided in §§981.66 and 981.67, almonds that are withheld as reserve pursuant to the requirements of §981.50 or are creditable in satisfaction of a reserve withholding obligation there under, shall not be used or disposed of by any handler or any other person.
Section 981.66 Conditions governing disposition of reserve.
(a) General. The Board shall have power and authority to sell or dispose of any and all reserve almonds withheld upon the best terms and at the highest return obtainable consistent with the ultimate complete disposition of reserve, subject to all conditions of this section.
(b) Exclusion from salable normal trade channels. No reserve almonds shall be sold in the United States, Puerto Rico, and the Canal Zone other than to governmental agencies or to charitable institutions for charitable purposes, except for diversion into almond oil, almond butter, poultry or animal feed, or into other channels which the Board finds are noncompetitive with existing normal markets for almonds, and with proper safeguards in each case to prevent such almonds thereafter entering the channels of trade in such normal markets.
(c) Disposition after December 31. Any reserve almonds remaining unsold as of December 31 shall be disposed of by the Board as soon as practicable through the most readily available reserve outlets. The date of December 31 herein specified may be extended to a later date by the Secretary, upon recommendation of the Board or other information.
(d) Expenses. Direct expenses incurred by the Board in the maintenance and disposition of reserve almonds shall be charged against the proceeds of sales of such almonds.
(e) Distribution of proceeds. Net proceeds from the disposition of reserve almonds by the Board shall be distributed to each handler in proportion to his relative share of such disposition in terms of creditable reserve kernel weight pursuant to §981.51 or such other basis as the Board may adopt with the approval of the Secretary.