The U.S. Department of Agriculture (USDA) today announced publication of two proposed rules to amend the federal marketing order for California almonds. The proposed rules are published separately in the Federal Register, each with a public comment period. The marketing order, administered by the Almond Board of California, authorizes quality regulation, research and promotion programs, and volume controls for almonds grown in California.
First Proposed Rule (AMS-SC-22-0069)
This proposed rule would modify existing regulatory requirements for quality control, exempt dispositions, and interest and late payments under the marketing order.
USDA initially published a proposed rule [87 FR 6452] on Feb. 22, 2022, with the proposed amendments currently included in AMS-SC-22-0069 as well as proposed modifications to existing authorities for roadside stand exemptions and credit for market promotion activities. USDA withdrew this proposed rule based on public comments received in the Spring of 2022. In September 2022, the board resubmitted to USDA the current proposal without the roadside stand exemption and credit for market promotions activities.
The proposed rule for this action was published in the Federal Register on April 27, 2023. Comments are due by June 26, 2023, through regulations.gov. USDA will consider all comments before making a final determination and publishing a final rule.
Second Proposed Rule (AMS-SC-0089)
This proposed rule would change the definition of almonds and shelled almonds, establish a definition for almond biomass, change the date for board member elections to coincide with assessment collections, change the date for board estimates and recommendations for reserves, and establish borrowing authority for the board.
USDA will consider all comments to determine whether to conduct a referendum vote among eligible almond producers to evaluate their level of support for each proposed amendment. If a referendum vote is determined appropriate, the proposed amendments would become effective only if approved by two-thirds of the growers voting in the referendum, or by those representing at least two-thirds of the volume of almonds grown by those voting in the referendum.
The proposed rule for this action was published in the Federal Register on April 27, 2023. Comments are due by June 26, 2023, through regulations.gov.
More information about the marketing order regulating the handling of California almonds is available on the 981 California Almonds webpage. More information about federal marketing orders is available on the Market Development Division webpage or by contacting the Market Development Division at (202) 720-8085.
Authorized by the Agricultural Marketing Agreement of 1937, marketing orders are industry-driven programs that help producers and handlers achieve marketing success by leveraging their own funds to design and execute programs that they would not be able to do individually. AMS provides oversight to fruit, vegetable, and specialty crop marketing orders and agreements, which helps ensure fiscal accountability and program integrity.
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