AMS No. 135-09

Jimmie Turner (202) 720-8998

jimmie.turner@usda.gov

Billy Cox (202) 720-8998

billy.cox@usda.gov

WASHINGTON, Aug. 5, 2009 -- The U.S. Department of Agriculture will conduct a referendum on proposed amendments to the federal marketing order regulating the handling of pistachios produced in California.

The referendum will be held from Aug. 10-22, 2009, to determine support for the amendments. Ballot materials will be mailed to all known producers eligible to participate in the referendum. To be eligible to vote, a grower must have produced pistachios in California, Arizona or New Mexico during the representative period of Sept. 1, 2008, through July 31, 2009.

The proposed amendments are based on the hearing record and evidence presented at a public hearing held by USDA in Fresno, Calif., on July 29 and 30, 2008. The proposed amendments submitted by the Administrative Committee for Pistachios, which administers the order locally, include:

-- Expanding the production area covered under the order to include Arizona and New Mexico, in addition to California;

-- Authorizing the committee to reimburse handlers for a portion of their inspection and certification costs in certain situations;

-- Authorizing the committee to recommend research projects;

-- Modifying existing order authorities concerning aflatoxin and quality regulations;

-- Modifying the authority for interhandler transfers of order obligations; and

-- Other related technical and administrative changes.

The proposed amendments would become effective only if approved either by two-thirds of the growers voting in the referendum, or by those representing at least two-thirds of the pistachios grown by those voting in the referendum. Authority for marketing orders rests in the Agricultural Marketing Agreement Act of 1937.

Notice of the referendum will be published in the Aug. 6, 2009, Federal Register. USDA will mail ballots and voting instructions to all eligible growers of record. Eligible growers not receiving ballots may request them from Kurt Kimmel at: USDA California Marketing Field Office, 2202 Monterey Street, Fresno, CA, 93721; by calling (559) 487-5901; or faxing (559) 487-5906.