Agricultural Marketing Orders & USDA Grading

Agricultural Marketing Orders (7 U.S.C. §§ 601–624) are a Depression-era invention that remains quietly powerful: they authorize the Secretary of Agriculture to issue binding federal orders that regulate the handling, grading, and marketing of agricultural commodities — controlling supply, setting quality standards, and in some cases dictating how much of a crop can be sold in which markets. There are currently 28 federal milk marketing orders setting minimum prices that dairy processors must pay farmers in most of the country, and dozens of fruit, vegetable, and specialty crop orders that establish grade requirements, pack sizes, research programs, and generic advertising ("Got Milk?" and "The Incredible, Edible Egg" were funded by marketing order assessments). USDA's Agricultural Marketing Service (AMS) administers these orders, along with the voluntary USDA grading system that produces the "USDA Choice" and "USDA Prime" labels you see in the grocery store.

Current Law (2026)

Legal Authority

• 7 U.S.C. § 602 — Declaration of policy (Congress directs the Secretary to establish orderly marketing conditions so farmers receive parity prices; Secretary must protect consumer interests and ensure adequate supply)
• 7 U.S.C. § 608b — Marketing agreements (Secretary may enter voluntary marketing agreements with processors and handlers; such agreements are exempt from antitrust laws)
• 7 U.S.C. § 608c — Marketing orders (Secretary may issue orders regulating the handling of agricultural commodities; orders may establish quality grades, pack sizes, volume limitations, container standards, research and promotion programs, and minimum prices for milk)
• 7 U.S.C. § 612c — Section 32 (30% of customs duties are appropriated annually for the Secretary to encourage domestic consumption, remove surplus, and support agricultural markets)

How It Works

Federal marketing orders operate on two distinct tracks. Federal milk marketing orders — 28 geographic zones covering most of U.S. dairy production — establish minimum prices that dairy processors must pay farmers based on end use: Class I (fluid consumption) commands the highest minimum price, with Class III (cheese) and Class IV (butter and powder) receiving lower minimums. USDA calculates and publishes these minimums monthly using formulas tied to wholesale prices for cheese, butter, nonfat dry milk, and dry whey. This system determines how approximately $40 billion in annual milk revenue is distributed among dairy farmers. Specialty crop and produce orders — covering almonds, raisins, citrus, pistachios, hops, and others — regulate grade standards, handling requirements, and volume controls for specific commodities in specific growing regions; the Supreme Court's Horne v. Department of Agriculture (2015) struck down the Raisin Marketing Order's reserve-pool requirement as an uncompensated taking under the Fifth Amendment.

Before USDA can issue any marketing order, the statute requires a public hearing, a Secretary's finding that the order serves the Act's purposes, and a producer referendum in which at least two-thirds of affected producers (or producers representing two-thirds of the volume) must approve — ensuring orders reflect producer preferences. Separate from marketing orders, AMS provides voluntary grading services for beef, poultry, eggs, and produce — packers and processors pay for grading and may then display official USDA grade shields (Prime, Choice, Select for beef; Grade A for poultry). The "USDA Choice" label on a steak is an official government quality certification, not a marketing claim. Commodity checkoff programs — beef, pork, dairy, eggs, honey, cotton, soybeans, and others — authorize mandatory per-unit assessments from producers that fund generic advertising and research; the Supreme Court upheld the beef checkoff in Johanns v. Livestock Marketing Association (2005), treating USDA-supervised generic promotion as government speech rather than compelled private speech.

How It Affects You

State Variations

Implementing Regulations

7 CFR Part 900 sets the procedural framework that governs the life cycle of every marketing order — how they are created, amended, challenged by handlers, and renewed through producer referenda. The individual commodity orders in Parts 905–999 operate within this procedural envelope:

• Subpart A — Hearing procedures (§§ 900.1–900.18): Before USDA creates or amends a marketing order, the Agricultural Marketing Agreement Act (7 U.S.C. § 608c) requires a public hearing. AMS must issue notice, hold an evidentiary hearing before an administrative law judge, prepare a recommended decision, and publish a tentative ruling before the Secretary issues a final order. Ex parte communications with the decision-maker are prohibited (§ 900.16). The procedural record forms the basis for judicial review under 7 U.S.C. § 608c(15) — handlers who did not participate in the hearing may not raise factual claims in court that should have been raised at the hearing.
• Subpart D — Handler petition proceedings (§§ 900.50–900.71): a handler who believes a marketing order or any provision of it is unlawful may file a four-copy petition with the USDA hearing clerk (§ 900.52). The Administrator has 30 days to file a written answer. Hearings follow administrative rules — ALJ presides, intervention is limited to parties with a substantial interest, and consolidated hearings are permitted for related petitions (§ 900.56). The petition route is the primary legal avenue for handlers to challenge order legality before seeking judicial review; USDA internal resolution is a prerequisite.
• Subpart F — Arbitration and mediation (§§ 900.100–900.109): cooperatives involved in disputes about the sale of milk or milk products under a marketing order may apply for USDA mediation services (§ 900.102–900.103). The AMS Division Director assigns a mediator; the parties retain final authority to accept or reject the mediated outcome. If mediation fails, the Secretary may submit the dispute to binding arbitration. This track is distinct from the Part 1000 handler-complaint mechanism and is used for cooperative-to-cooperative or cooperative-to-handler pricing disputes within the fluid-milk order system.
• Subpart J — Producer referenda (§§ 900.300–900.312): marketing orders for fruits, vegetables, and nuts take effect only after approval in a producer referendum (7 U.S.C. § 608c(8)). OPM establishes eligibility criteria for voting producers, sets the referendum period (typically 30 days), and requires approval by two-thirds of voting producers or producers representing two-thirds of production volume — whichever threshold the statute specifies for that commodity. Referenda are also required to continue orders periodically and may be triggered by a petition of the required percentage of producers.

The Part 900 procedural rules are also incorporated by reference into the milk marketing order structure — Subpart B (§§ 900.20–900.36) supplements Subpart A specifically for milk order proceedings, and Subpart H (§§ 900.200–900.212) governs producer approval referenda under the milk order framework, requiring approval by two-thirds of producers or those supplying two-thirds of volume.

• 7 CFR Part 1000 — General Provisions Governing Federal Milk Marketing Orders (the shared regulatory backbone that all 28 active Federal Milk Marketing Orders (FMMOs) incorporate by reference; establishes the classification system, market administrator structure, handler obligations, and payment rules that individual orders then customize). Key provisions:

  • § 1000.40 — Milk classification system: all milk handled under a federal order is classified into one of four end-use categories: Class I (fluid milk for direct consumption — the highest-priced class), Class II (soft manufactured products: ice cream, cottage cheese, yogurt, sour cream), Class III (hard cheese — primarily Cheddar, Mozzarella), and Class IV (butter and nonfat dry milk powder — the lowest-priced class). Each class has its own minimum price; handlers pay into a pool based on how much of each class they use.
  • § 1000.42 — Classification of transfers and diversions: milk transferred between handlers in interstate commerce is classified as Class I by default unless the receiving handler can demonstrate it will be used in a lower class. This default Class I treatment prevents handlers from avoiding fluid-milk pricing obligations by routing milk through a transfer before it enters the fluid market.
  • § 1000.25 — Market administrator: each FMMO is administered by a market administrator appointed by the Secretary; the administrator collects handler reports, calculates the uniform prices for each class, audits handler records, issues producer payrolls, and publishes monthly price announcements. The administrator can be removed by the Secretary and reports to USDA Agricultural Marketing Service.
  • § 1000.27 — Handler records and reports: every handler subject to a federal milk marketing order must maintain complete and accurate records of all milk received, classified, transferred, and disposed of, and must submit monthly reports to the market administrator; records must be retained for 3 years and made available for audit on request.
  • § 1000.28 — Obligation of handlers: handler payment obligations under a federal order are subject to a 2-year limitation — a handler is not required to pay claims for periods more than 2 years before the commencement of proceedings to recover the unpaid obligation; this limitation protects handlers from open-ended retroactive liability while preserving the administrator's ability to pursue recent underpayments.

  The Part 1000 general provisions underpin the FMMO pricing pooling mechanism: all handlers in a marketing order pool their classified-use revenue, and producers receive a uniform "blend price" that blends Class I, II, III, and IV prices weighted by how much milk went to each use in that order area that month. A dairy farmer producing milk destined for cheese still receives a blend price that reflects some Class I premium — the pooling redistributes value from higher-use to lower-use routes. Individual orders in 7 CFR Parts 1001–1135 then layer in geographic differential adjustments, specific handler exemptions, and local pool rules on top of the Part 1000 framework.

Each commodity marketing order occupies its own CFR Part within 7 CFR Parts 900–999, containing the complete binding rules for that crop — handler obligations, grade and size requirements, assessment rates, volume controls, and administrative procedures. Five of the most active specialty-crop orders:

• 7 CFR Part 981 — California Almonds (88 sections, Subparts A–E): the California Almond Board (handlers plus grower representatives) administers grade and size requirements, aflatoxin testing, and handler reporting; § 981.42 sets handler assessment obligations that fund research, promotion, and administration; inedible almond disposition rules (§ 981.408) require handlers to divert almonds failing quality standards to non-human-food uses; the order covers almonds grown in California only, which produce roughly 80% of the world's supply

• 7 CFR Part 966 — Florida Tomatoes (87 sections, Subparts A–D): the Florida Tomato Committee sets grade, size, quality, and pack requirements for tomatoes shipped from the covered production area; exemptions for direct-to-consumer sales and certified organic tomatoes; § 966.323 governs the assessment rate; import inspection under Section 8e of the Agricultural Marketing Agreement Act applies — imported tomatoes must meet the same minimum grade standards as Florida-grown product (see AMS Specialty Crop Import Standards for the Section 8e import inspection program covering dried and inshell commodities: walnuts, raisins, prunes, dates, filberts, and pistachios under 7 CFR Part 999)

• 7 CFR Part 948 — Colorado Potatoes (87 sections): marketing order for Irish potatoes grown in certain Colorado counties; the Colorado Potato Administrative Committee administers grade, size, quality, and container requirements; § 948.20 establishes the Committee's composition; volume regulation authority exists but has rarely been exercised; assessments fund research and market development

• 7 CFR Part 987 — Riverside County Dates (93 sections, Subparts A–F): regulates domestic dates produced or packed in Riverside County, California — the primary U.S. date-producing region; the Medjool and Deglet Noor varieties dominate; the California Date Administrative Committee administers grade and quality requirements, pack standards, and handler assessment obligations; Subpart F covers quality control procedures including inspection at approved facilities

• 7 CFR Part 989 — California Raisins (94 sections, Subparts A–F): one of the most litigated marketing orders in U.S. history; the Raisin Administrative Committee administers grade, quality, and pack standards; assessment rates (Subpart D) fund research, promotion, and administration; the order originally included a mandatory "reserve pool" requiring producers to set aside a percentage of their crop — the Supreme Court struck this down in Horne v. Department of Agriculture (2015) as an uncompensated Fifth Amendment taking; post-Horne, the reserve pool mechanism was eliminated, and the order now focuses on quality standards and voluntary market development programs; Subpart E provides conversion factors for different raisin styles (natural seedless, golden seedless, Zante currants)

• 7 CFR Part 993 — Dried Prunes Produced in California (113 sections, Subparts A–F): the marketing order for California-grown dried prunes, administered by the Prune Marketing Committee organized into seven geographic election districts covering the main production counties (Colusa, Glenn, Tehama, Yuba, Sutter, Butte, and others) (§ 993.128). The order distinguishes standard prunes (§ 993.10 — natural or processed prunes meeting the grade and size rules) from substandard prunes (§ 993.12 — lots that fail minimum requirements), which may only be directed to non-human consumption outlets — livestock feeders or manufacturers of non-food products (§ 993.108). Size count (§ 993.105 — number of prunes per pound) is the key commercial sizing metric and determines pack-specification compliance under Subpart E. Two inspection regimes apply at handler facilities: in-line inspection (§ 993.106 — samples taken from moving production lines before packaging) and floor inspection (§ 993.107 — samples from packaged or bulk stored prunes at the facility). Handlers must receive prunes only at Committee-designated receiving stations (§ 993.149) and must obtain an inspection certificate before final disposition or shipment (§ 993.150). The order covers both French prunes (the dominant commercial variety, Prunus domestica 'French') and non-French prunes (§ 993.109 — Imperial, Sugar, Robe, and other named varieties). Most recent Federal Register amendment: 88 FR 82236 (2023).

• 7 CFR Part 986 — Pecans Grown in Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas (96 sections): the marketing order for the U.S. pecan industry, spanning 15 production states and administered by the American Pecan Council (APC). The fiscal year runs October 1 through September 30 (§ 986.15). The order distinguishes three production categories with different market treatment: improved pecans (from cultivated orchard varieties — Wichita, Desirable, Stuart, and other named cultivars), native and seedling pecans (from unimproved or wild-type trees, typically smaller and lower-quality), and substandard pecans (lots failing minimum grade requirements). Assessment rates reflect this hierarchy: $0.01 per pound for improved pecans and $0.00 per pound for native, seedling, and substandard pecans (§ 986.161), effectively exempting wild-harvest pecans from the assessment while funding industry promotion through commercial orchard production. The order defines key supply-chain roles: a grower (§ 986.17) produces and sells pecans from their own orchard; an accumulator (§ 986.1) gathers inshell pecans from other parties for sale or transfer; a custom harvester (§ 986.11) harvests for compensation without owning the trees. Handler reporting is monthly — inter-handler transfers must be reported on APC Form 4 by the 10th of the following month (§ 986.162); monthly receipts, shipments, inventory, committed inventory, and export reports are all due by the 10th (§§ 986.177–986.178); a year-end inventory report is due September 10 (§ 986.175). The order tracks "disappearance" (§ 986.13) — the gap between reported grower/handler production and merchantable commercial volume — as a supply-and-demand balancing signal. Most recent Federal Register amendment: 85 FR 19654 (2020).

• 7 CFR Part 932 — California Olives (81 sections, Subparts A–B): the California Olive Committee administers grade, size, and quality standards for olives grown in California, which supplies essentially all domestically produced table olives; the production area is divided into three geographic districts (§ 932.21) with the growing regions in Northern California (Glenn, Tehama, Shasta counties), the Central Valley, and Southern California; crop year runs August 1 through July 31 (§ 932.19); the order distinguishes two fundamental product categories — canning olives (destined to become canned ripe olives) and noncanning olives (§ 932.108, sold in other forms); a premium subcategory is tree-ripened type (§ 932.109) — olives that were naturally mature (not oxidized during processing), with color ranging from pinkish red to black, no more than 10% off-color by count; handler compliance obligations: incoming lots must be weighed and tracked at approved inspection stations with weight-and-grade forms (COC-3A or 3C) completed on arrival (§ 932.151); outgoing (packaged) olives must be sampled and checked at approved inspection stations or through an approved Quality Assurance Program (§ 932.152); salometer readings (measuring salt concentration) must fall between 3.0 and 14.0 degrees Brix for canned ripe olives (§ 932.149); green ripe olives are exempt from color and blemish requirements (§ 932.150); assessment late-payment penalty: 5% fee plus interest if not received within 30 days of invoice (§ 932.139); 88 FR 82233 (2023) — most recent amendment, updating specific olive order provisions

• 7 CFR Part 930 — Tart Cherries (82 sections, Subparts A–C plus assessment): regulates tart cherry handling in the seven-state production area — Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, which together produce nearly all U.S. tart cherries; the Cherry Industry Administrative Board (§ 930.2) administers the order, with board membership drawn from growers and handlers in each district; the fiscal period runs October 1 through September 30 (§ 930.107); the order's most distinctive feature is its volume control mechanism — when the Board sets a "restricted percentage," handlers must hold a corresponding share of their cherries in a "primary inventory reserve" (§ 930.13) rather than selling into normal commercial markets; diverted or reserved cherries may be sold to export markets, secondary domestic markets (juice, dried fruit, distillation), school lunch programs, or donated to charitable food programs; the mechanism is designed to prevent excess production from collapsing fresh and processed market prices; unlike the raisin reserve pool struck down in Horne v. USDA (2015), the tart cherry mechanism operates at the handler level (not by taking physical title to producer property), which gives it different legal footing; 90 FR 47506–47507 (2025) — the cherry order was actively amended in 2025, the most recent changes in the Federal Register; handler assessment rates (Subpart C) fund Board administration and industry research

The common structure across commodity marketing orders: handlers (packers, shippers, processors) bear the compliance obligation — they must grade, size, and pack according to the order's standards before shipping in interstate commerce and pay per-unit assessments to the administrative committee. Producers are not directly regulated as handlers but share the economic benefit of the minimum quality floor the order establishes. Handler assessments typically range from a fraction of a cent to a few cents per pound, generating annual budgets of a few hundred thousand to several million dollars for research, promotion, and administration.

• 7 CFR Part 905 — Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida (75 sections, Subparts A–E): the Florida citrus marketing order — one of the oldest and most economically significant — is administered by the Citrus Administrative Committee, with grower members organized into three geographic districts covering the Florida peninsula (§ 905.114). The fiscal year runs August 1 through July 31 (§ 905.11). Handlers must be certified as "registered handlers" (§ 905.107) before shipping citrus from the production area into interstate commerce; certification requires permanent packing facilities in the production area and compliance with grade, size, and inspection requirements. Grade and size requirements (Subpart D) apply to fresh market shipments; § 905.105 updates tangerine and grapefruit variety classifications to reflect current commercial nomenclature. The Florida citrus order operates in an industry challenged by citrus greening disease (Huanglongbing, or HLB) — a bacterial disease transmitted by the Asian citrus psyllid that has devastated Florida citrus production since the late 2000s. Florida's commercial citrus production has fallen from more than 200 million boxes annually in the early 2000s to under 20 million boxes by the mid-2020s, dramatically reducing both the order's economic significance and the assessed revenue available for research and promotion.

• 7 CFR Part 982 — Oregon and Washington Hazelnuts (77 sections, Subparts A–E): Oregon and Washington together produce approximately 99% of U.S. commercial hazelnuts. The order is administered by a Hazelnut Marketing Board composed of producers and handlers. The order's core tool is the restricted/unrestricted percentage: at the start of each marketing year, the Board may designate a portion of each handler's tonnage as "restricted" — hazelnuts that may only be sold into industrial or non-food channels (crushing, diversion, export at reduced prices) to prevent excess inshell or shelled supply from depressing the consumer market. The balance is "merchantable" stock freely sold. Grade requirements (§ 982.45 and § 982.101) set minimum size, quality, and moisture content for shelled hazelnuts and inshell product. Handler assessment obligations (§ 982.50) fund administrative and research activities. Unlike the California Almond Board or the Raisin Administrative Committee, the hazelnut order covers a regionally concentrated production area where two states supply essentially the entire domestic crop — making the restricted percentage mechanism the central supply management tool.

• 7 CFR Part 983 — Pistachios Grown in California, Arizona, and New Mexico (74 sections, Subparts A–C): the order covers the full three-state pistachio belt and is administered by a 12-member Pistachio Administrative Committee. The production area is divided into four geographic districts (§ 983.11): District 1 (Southern California — Tulare, Kern, San Bernardino, Los Angeles, Riverside, San Diego, Imperial, and adjacent counties), District 2 (California's Central Valley core — Kings, Fresno, Madera, and Merced), District 3 (all other California pistachio-growing counties), and District 4 (Arizona and New Mexico). The defining feature of the pistachio order is its aflatoxin testing regime (§ 983.50): the Committee must establish sampling, testing, and inspection rules requiring handlers to certify each lot before domestic or export shipment; only USDA-accredited laboratories (§ 983.1) may perform the testing. Failed lots may be reworked to meet standards before re-testing (§ 983.52). The broad definition of "handling" (§ 983.14) encompasses the entire processing chain — hulling, drying, sorting, sizing, shelling, roasting, cleaning, salting, and packing — making handler compliance obligations attach early in the supply chain. Quality regulations (§ 983.51) set minimum grade and condition standards the Committee may adjust each production year with USDA approval. Small handlers moving fewer than 1 million pounds per year may choose from alternative testing protocols (§ 983.53). Subpart C sets the annual assessment rate funding Committee administration, research, and market development.

• 7 CFR Part 959 — Onions Grown in South Texas (74 sections, Subparts A–B): the South Texas Onion Committee — eight producer members and five handler members — administers grade, size, and quality standards for Bermuda-Granex-type onions grown in a 35-county Texas production area stretching from the Rio Grande Valley (Cameron, Hidalgo) north through the Winter Garden region (Frio, Dimmit) and coastal counties (Aransas, Calhoun, Bee). A single administrative district (§ 959.110) covers the entire production area, replacing an earlier multi-district structure. Grading (§ 959.10) means sorting onions into quality levels, sizes, and packaging types per official U.S. onion standards; Bermuda-Granex-type onions follow §§ 51.3195–51.3209 of Title 7 (§ 959.11). Handlers must be registered with the Committee (§ 959.103) — a registered handler must operate an established packing house in the production area with adequate facilities to grade and pack onions. During planting season, handlers file biweekly planting reports (§ 959.115). Culls — onions failing minimum grade, size, or quality requirements — cannot enter the fresh market; they must be mechanically damaged at the packing shed or diverted to processing outlets (§ 959.126). The fiscal year runs August 1 through July 31 (§ 959.104). Most recent Federal Register amendment: 89 FR 67522 (2024).

• 7 CFR Part 945 — Irish Potatoes Grown in Idaho and Malheur County, Oregon (69 sections, Subparts A–D): the Idaho-Eastern Oregon Potato Committee administers grade, size, and quality standards for potatoes grown in the premium Idaho production belt — Malheur County (Oregon) plus numerous Idaho counties including Adams, Valley, Lemhi, Clark, Butte, Custer, and others. Order No. 945, effective September 1, 1958, is among the oldest active marketing orders. Fiscal year runs August 1 through July 31 (§ 945.111). The order's primary tools are grade and size requirements that ensure only quality product enters fresh market channels. A Certificate of Privilege system (§§ 945.120–945.123) allows handlers to ship potatoes below standard grade for specific "special purposes" — seed potatoes, livestock feed, dehydrating, starch manufacturing, export where lower grades are requested — with the Committee reviewing and approving each application; potatoes shipped under a Certificate of Privilege cannot enter fresh market channels. Assessment rates (Subpart C) fund Committee administration and research; Subpart B and D address administrative requirements and handling standards.

• 7 CFR Part 984 — Walnuts Grown in California (69 sections, Subparts A–D): regulates the handling of inshell and shelled English walnuts produced in California — the source of over 99% of U.S. commercial walnut production. The California Walnut Board administers the order. Merchantable walnuts (§ 984.11) are inshell or shelled walnuts meeting the minimum grade and size requirements; substandard walnuts (§ 984.12) fail minimum quality requirements and may not be sold through normal commercial channels — they must be disposed of through approved outlets (crushing for walnut oil, exports for non-food use, or other USDA-approved channels). Trade demand (§ 984.22) is the estimated quantity that will be taken up in both the domestic and export markets during the marketing year — a concept the Committee uses to calculate volume allocations when supply/demand balance requires management. Kernelweight (§ 984.20) — the weight of walnut kernels regardless of quality — is used as the accounting unit for handler inventory and assessments. Manufacturers who use walnuts in baked goods, ice cream, candy, or other food products (§ 984.19) are subject to separate handling provisions. Subpart D (Research and Development) funds industry research including post-harvest management, food safety, and new product development.

• 7 CFR Part 927 — Pears Grown in Oregon and Washington (68 sections, Subparts A–B): one of the few marketing orders that operates through two parallel committees covering distinct market channels: the Fresh Pear Committee (13 members — 6 growers, 6 handlers, 1 public) administers grade and quality standards for pears sold fresh, and the Processed Pear Committee administers rules for pears going to canning, freezing, drying, and other processing. For fresh pears, the production area is divided into four districts: Medford (Oregon counties except Hood River and Wasco), Mid-Columbia (Hood River and Wasco counties in Oregon; Skamania and Klickitat in Washington), Wenatchee (north-central Washington), and Yakima (south-central Washington) — each district elects one grower and one handler member to the Fresh Pear Committee (§ 927.11). For processed pears, districts follow state lines (Oregon and Washington). Pear varieties are grouped into three commercial types: summer/fall pears (Bartlett, Starkrimson), winter pears (Anjou, Bosc, Comice, Concorde), and other varieties subject to Secretary-approved classification (§ 927.4). Handlers must ship only fresh pears that have been inspected and certified under the Federal-State Inspection Service program (§ 927.60); handlers bear the compliance cost. Assessments are collected from handlers on all pears they first handle (§ 927.41); the rate is set by committee recommendation and Secretary approval. Key exemptions: gift packages shipped directly to consumers and not for resale are exempt (§ 927.121); direct farm sales of no more than 220 pounds per transaction at on-farm locations, packing facilities, roadside stands, and farmers markets are exempt (§ 927.122); pears donated to charities or relief agencies for human consumption are exempt from grade restrictions but require a certificate of intent from the recipient (§ 927.120). Late-payment penalties: assessments past due more than 45 days incur a fee of $25.00 or 2% of the amount owed, whichever is greater; amounts more than 60 days past due accrue interest at 1.5% per month on the full outstanding balance (§ 927.123).

• 7 CFR Part 958 — Onions Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon (65 sections, Subparts A–C): the Idaho-Eastern Oregon Onion Committee (6 producer members + 4 handler members + 1 public member) administers grade, size, and quality standards for onions grown in a production area spanning the Idaho Snake River Plain and Oregon's Malheur County — the premier dry-bulb onion growing region of the Pacific Northwest. The order is organized into six voting districts: District 1 (Emmett/Payette/Weiser area — Washington, Payette, and Gem counties, Idaho), District 2 (Oregon Slope — the Malheur County Oregon side of the Snake River), and four additional Idaho districts covering the rest of the production area, including District 5 (Parma-Wilder area of Canyon County) established by § 958.160. Quorum requires 7 of 11 members; all motions require 7 affirmative votes (§ 958.21). The fiscal year runs July 1 through June 30 (§ 958.112). Assessment rate: starting July 1, 2023, growers pay $0.07 per hundredweight (7¢/100 lbs) on Idaho-Eastern Oregon onions (§ 958.240); handlers share expenses based on their volume of shipments. Assessment credits are available for onions regraded, resorted, repacked, or reshipped under specific conditions (§ 958.250). The order establishes Certificate of Privilege safeguards (§ 958.56) for onions shipped to commercial dehydrators, for export, for livestock feed, or for other special purposes — similar to the Idaho potato order's Certificate system — ensuring onions shipped under special permissions do not flow back into fresh market channels. The Committee may establish volume controls and grade/size requirements each season after studying supply-demand conditions and preparing a marketing policy (§ 958.50).

• 7 CFR Part 985 — Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West (64 sections, Subparts A–B): one of the most distinctive federal marketing orders because its primary tool is a production allotment system rather than grade and quality standards. The Spearmint Oil Administrative Committee administers the order for spearmint oil produced in Washington, Idaho, Oregon, and adjacent states (the "Far West"). Spearmint oil comes in three commercial classes: Class 1 (Scotch Spearmint — Mentha cardiaca), Class 3 (Native/Willamette Spearmint — Mentha spicata), and Class 4 (other spearmint-flavor plants) (§ 985.104). The salable quantity (§ 985.12) is the total amount of each class handlers may purchase during the marketing year; this is divided into annual allotments (§ 985.13) for each producer proportional to their allotment base — the registered acreage or production history that defines their share. Producers must apply to the Committee each year to receive their annual allotment (§ 985.154) and report oil distilled and held before delivery (§ 985.155); excess oil above the allotment must be stored or diverted. New producers may receive allotment base when the Committee makes additional base available (§ 985.153). Assessment: starting June 1, 2020, a fee of $0.14 per pound applies to Far West spearmint oil (§ 985.141); any reserve funds may be carried forward. The allotment mechanism prevents overproduction from collapsing prices in a concentrated niche market — U.S. spearmint oil production is geographically limited, and the Far West region supplies the bulk of globally traded natural spearmint oil used in chewing gum, toothpaste, and flavoring.

• 7 CFR Part 906 — Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas (64 sections, Subparts A–B): regulates fresh citrus from the Texas Lower Rio Grande Valley — the only significant citrus-producing region in Texas. The Texas Valley Citrus Committee (15 members: 9 producers, 6 handlers) administers the order; quorum requires 10 members including at least 6 producers, and most motions require 10 affirmative votes (§ 906.28). The production area is divided into three districts: District 1 (Cameron County), District 2, and District 3 (other Lower Rio Grande Valley counties); the committee has authority to consolidate districts into a single administrative district (§ 906.121). The fiscal year runs August 1 through July 31 (§ 906.15). Grade requirements mandate minimum U.S. Fancy or U.S. No. 1 standards for oranges and grapefruit entering commercial channels (§ 906.365). The Texas citrus order is notable for its recognition of Texas-specific brand marks — the marks "Texasweet," "Sweeter By Nature," "Texas Fancy," and "Texas Choice" are reserved for Texas-origin citrus meeting the order's quality requirements (§ 906.137), giving the industry differentiated marketing identity on the national market. Assessment rate: $0.04 per 7/10-bushel carton (since August 1, 2024) (§ 906.235). Handlers must use the Federal-State Inspection Service for grading and certification (§ 906.45). Small-lot exemption: deliveries of 400 pounds or less per day for direct consumer use without resale are exempt (§ 906.120).

• 7 CFR Part 917 — Peaches and Pears Grown in California (64 sections, Subparts A–B): one of the more complex marketing order structures — a two-tier governance system where a Control Committee (12 shipper members plus nominees from commodity committees) sits above separate commodity committees for each covered crop. The Pear Commodity Committee (13 members) administers standards specific to California pears; shipper elections for Control Committee seats occur by February 1 each year (§ 917.17). The pear production area is divided into multiple districts including the North/Central Sacramento Valley, Placer-Colfax, and El Dorado regions (§ 917.14). For Bartlett and Max-Red Bartlett pears, the minimum grade standard is U.S. Combination — with at least 80% U.S. No. 1 by count (§ 917.461). Pears destined for Oregon packing plants may move uninspected with prior Pear Commodity Committee permission (§ 917.149). Handler assessment rates are set by the Secretary each fiscal period based on committee recommendations (§ 917.37); all handlers first handling California pears are subject to the assessment. The Federal-State Inspection Service is required for fresh shipments (§ 917.45). Administrative communications are directed to the California Tree Fruit Agreement in Reedley, CA 93654 (§ 917.110). The order reflects the unique production geography of California — Bartlett pears concentrated in the Sacramento Valley and foothill counties supply the bulk of U.S. processing and fresh pear output.

• 7 CFR Part 915 — Avocados Grown in South Florida (62 sections, Subparts A–D): the South Florida avocado marketing order — one of the older specialty-crop orders — is administered by the Avocado Administrative Committee (9 members: 5 growers + 4 handlers, each with an alternate). The production area is divided into two districts: District 1 (Miami-Dade County, the core avocado-growing belt) and District 2 (all other counties in the production area) (§ 915.11). The fiscal year runs April 1 through March 31 (§ 915.21). Handlers must register with the Committee before handling avocados under any special exception (§ 915.120). Assessment rate: $0.50 per 55-pound container (or equivalent) since April 1, 2022 (§ 915.235); delinquent assessments accrue 1% per month interest starting 30 days after the bill date (§ 915.155). Small-lot exemptions: handlers may move up to 55 pounds per day without the full pack and shipping compliance requirements; individually addressed gift packages of 20 pounds or less are also exempt (§ 915.140). Avocados destined for commercial processing (juice, oils, industrial products) may be handled outside grade requirements if the handler notifies the Committee and the processor is on the Committee's approved list (§ 915.141). The Committee may maintain a reserve fund of up to approximately 3 fiscal years' operating expenses from carried-forward assessment surpluses (§ 915.142). South Florida avocado production — primarily Hass and Florida-type varieties grown in the limestone soils of Miami-Dade — is distinct from the California Hass avocado checkoff (Part 1219); the marketing order covers fresh market quality standards and handler assessments, while the checkoff program finances national-level promotion.

• 7 CFR Part 956 — Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon (60 sections, Subparts A–B): one of the smallest and most geographically specific federal marketing orders — governing a single sweet onion variety from a defined valley straddling the Washington-Oregon border. The Walla Walla Sweet Onion Marketing Committee has 7 members: 4 producers, 2 handlers, and 1 public member, each with an alternate; producer members must have at least 3 years of onion-growing experience in the valley; no more than 2 of the 4 producer members may be connected with the same handler (§ 956.20). The fiscal year runs January 1 through December 31 (§ 956.113). Quorum: 4 members are required for a meeting to conduct business, and 4 affirmative votes are needed for most motions — though certain specific recommendations require 5 votes (§ 956.28). Assessment rate: $0.17 per 50-pound bag (or equivalent) of Walla Walla sweet onions effective May 4, 2026 (decreased from the $0.20 rate that applied for the 2023–2025 fiscal periods) (§ 956.202); late payment interest: tiered by when the onions were handled — for onions handled before September 1, assessments must be paid within 30 days of the September 30 due date; for onions handled September 1 through May 31, payment is due within 30 days of the last day of the handling month; late payments accrue interest (§ 956.142). Committee member terms are 2 fiscal periods starting June 1, staggered so approximately half expire each year (§ 956.21). The Walla Walla Sweet is a federally recognized sweet onion variety — its low pungency and high sugar content (from the valley's volcanic soil and climate) give it a distinct identity that underpins the marketing order's geographic specificity. The order protects the authenticity of the Walla Walla Sweet brand in commercial channels.

• 7 CFR Part 925 — Grapes Grown in a Designated Area of Southeastern California (51 sections): marketing order for fresh table grapes (not wine grapes) grown in California's desert grape production region — Coachella Valley and adjacent desert counties. The California Desert Grape Administrative Committee has 10 members plus alternates; 4 members (and their alternates) must be producers or representatives of producer organizations; 4-year terms. Quorum and voting: at least 6 members must be present, including at least 1 producer and 1 handler; official actions require 6 affirmative votes (§ 925.30). Fiscal year: December 1 through November 30 (§ 925.12). Assessment rate: $0.040 per 18-pound lug since January 1, 2021 (§ 925.215); late charge: 5% added to any invoice not paid or postmarked within 45 days (§ 925.141). Seasonal restriction: no packing or repacking on Saturdays, Sundays, Memorial Day, or July 4 during the April 10 – July 10 period without Committee approval (§ 925.304). End-of-season shipment reports due within 10 days after the last shipping day (§ 925.160).

• 7 CFR Part 955 — Vidalia Onions Grown in Georgia (51 sections): marketing order for Vidalia sweet onions from a defined production area in southeastern Georgia — the specific soil and climate conditions of this area produce the onion's characteristic sweetness, making geographic identity central to the marketing order. The Vidalia Onion Committee has 9 members: 8 producers (at least 4 of whom must be producer-handlers — meaning they both grow and handle onions) and 1 public member; 2-year terms (January 1 through December 31) (§ 955.121). Nominations: Committee must hold annual grower meetings by October 1 to nominate candidates for open seats (§ 955.122). Assessment rate: $0.13 per 40-pound carton (or equivalent) since January 1, 2008 (§ 955.209); monthly payments due by 5 p.m. on the 10th of the following month (§ 955.142). Handlers must submit monthly shipping reports to the Committee showing quantities handled and assessments owed (§ 955.101). Fiscal period: January 1 through December 31 (§ 955.113).

• 7 CFR Part 923 — Sweet Cherries Grown in Designated Counties in Washington (56 sections): marketing order for fresh sweet cherries (not sour/tart cherries) from Washington's primary cherry-producing counties. The Washington Cherry Marketing Committee has 16 members: 10 representing growers, 5 representing handlers, and 1 public member, each with an alternate; terms run April 1 through March 31 on a 2-year staggered basis (§ 923.21). Quorum and voting: at least 12 members must be present to conduct business; official actions require 9 affirmative votes (§ 923.32). The production area is divided into 2 districts: District 1 (Chelan, Okanogan, Douglas, Grant, Lincoln, Spokane, Pend Oreille, Stevens, and Ferry counties) and District 2 (Kittitas and neighboring counties). Size is determined by measuring the largest diameter through the cherry's center, at a right angle to the stem-to-opposite-end axis (§ 923.10). Assessment rate: $0.20 per ton since April 1, 2019 (§ 923.236). Reserve fund: limited to approximately one fiscal year's operating expenses (§ 923.142). Quality, size, maturity, packing, and labeling requirements apply to commercial shipments — especially for Rainier, Royal Anne, and other light sweet cherry varieties (§ 923.322).

• 7 CFR Part 920 — Kiwifruit Grown in California (57 sections): marketing order governing fresh kiwifruit shipped from California's production area — the primary domestic kiwifruit region. The Kiwifruit Administrative Committee has 12 members — 11 representing growers (by district) and 1 public member, each with an alternate; grower members serve 2-year terms. The production area is divided into 3 districts: District 1 (Butte, Sutter, and Yuba counties), with other northern and central California counties grouped into Districts 2 and 3 (§ 920.12). Handlers are defined as any person who ships kiwifruit out of the production area — common carriers are excluded. Assessment rate: the committee sets annual rates sufficient to fund its operations; late payment interest: 1.5% per month on overdue assessments, with a 30-day payment window from invoice (§ 920.112). Inspection and shipping requirements apply to all commercial shipments, though handlers may receive a waiver when inspectors are unavailable; small-sale exemptions apply for direct farm sales (§ 920.110). Monthly shipment and inventory reports are required from all shippers by the 5th of the following month (§ 920.160). Nominations for committee membership are conducted by mail to all growers of record — any eligible grower may nominate themselves (§ 920.122).

• 7 CFR Part 1005 — Milk in the Appalachian Marketing Area (48 sections): the federal milk marketing order for the Appalachian region — covering all of North Carolina and South Carolina, plus specific counties in Georgia (northeast and northwest Georgia), Indiana (southern Indiana counties), Kentucky (eastern and south-central counties), Virginia (western counties), Tennessee (eastern and middle Tennessee), West Virginia, Maryland (selected western counties), and Ohio (southeastern counties) (§ 1005.2). The Appalachian order uses the federal formulas from Part 1000 for Class II/III/IV pricing; Class I differential and price are set by reference to a specific county in the order (see § 1005.51). Monthly reporting by the 7th day after each month ends for pool plant receipts and utilization (§ 1005.30); producer payroll reports by the 20th day (§ 1005.31). Most recent Federal Register amendment: 79 FR 26591 (2014) — major restructuring of the federal milk marketing order system.

• 7 CFR Part 1007 — Milk in the Southeast Marketing Area (48 sections): the federal milk marketing order for the Southeast — covering all of Alabama, Arkansas, Louisiana, and Mississippi, plus specific Florida counties (Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, and Jackson), and parts of adjacent states (§ 1007.2). The Southeast order uses Fulton County, Georgia (Atlanta) as the reference county for both the Class I differential and the Class I price (§ 1007.51) — reflecting Atlanta's role as the dominant fluid milk market in the region. Monthly reporting by the 7th day after month end (§ 1007.30); producer payroll reports by the 20th day (§ 1007.31). Producer-settlement fund mechanics: handlers must pay into the fund so the market administrator receives it by the 12th day after month end (§ 1007.71); distributions from the fund must be made within 1 day after the 12th-day receipt date (§ 1007.72). Producer partial payments: handlers must send a partial payment so producers receive it by the 26th day of the same month for milk received in the first part of the month (§ 1007.73). The market administrator computes uniform prices by the 11th day of each month (§ 1007.61). Most recent Federal Register amendment: 89 FR 6408 (2024).

• 7 CFR Part 1051 — Milk in the California Milk Marketing Area (49 sections, Subparts A–D): the federal milk marketing order for California — covering the entire State of California as the marketing area, including all piers, docks, wharves, boats, and federal/state/municipal reservations within the state. California Milk Marketing Order No. 1051 replaced the separate California state milk pricing system (which had operated under the California Food and Agriculture Code for decades) and aligned California with the federal order system that covers the rest of the U.S. The order uses the Los Angeles County Class I differential to set Class I (fluid milk) minimum prices (§ 1051.51) — Class I handlers pay the highest minimum price because fluid drinking milk commands the highest consumer value; Class II (yogurt, soft products), Class III (cheese), and Class IV (butter/nonfat dry milk) follow standard federal formulas from Part 1000. A producer-handler — someone who both farms dairy cows and operates a processing/distribution plant — maintains that status only if they meet specific operational tests (§ 1051.10); if a producer-handler's sales exceed defined limits, they must account as a handler under pool plant rules, subjecting them to the equalization payment system. Pool plant qualification requires a distributing plant or supply plant to meet specific shipping percentage thresholds to the order's pool (§ 1051.7); qualifying pool plants participate in the producer-settlement fund equalization system. Monthly reporting: all handlers must report receipts and utilization by the 9th day after each month ends (§ 1051.30); producer payroll reports due by the 20th day (§ 1051.31). Settlement fund timing: handlers pay into the producer-settlement fund by the 16th day after month end; the market administrator distributes fund proceeds to handlers by the 18th day (§§ 1051.71–1051.72). Producer payments: handlers must make a partial payment so producers receive it by the last day of the month for milk received in the first 15 days; final payment for the remaining balance is due by the 19th day of the following month (§ 1051.73). The market administrator announces class prices, the producer price differential, and component prices by the 14th day after each month (§ 1051.62). The California Quota Program — a state-level quota system administered by the California Department of Food and Agriculture — integrates with the federal order; the quota program determines supplemental payments to quota-holding producers above the federal blend price (§ 1051.11). Most recent Federal Register amendment: 90 FR 6651 (2025).

• 7 CFR Part 1001 — Milk in the Northeast Marketing Area (43 sections): the federal milk marketing order for the Northeast — the oldest and most geographically complex order, covering New England, New York, New Jersey, and parts of adjacent states (§ 1001.2). The Northeast order uses Suffolk County, Massachusetts (Boston area) as the reference county for the Class I differential and price (§ 1001.51), anchoring fluid milk minimum prices to the New England consumer market. Monthly reporting by the 10th day after month end (§ 1001.30); producer payroll reports by the 22nd day (§ 1001.31). Settlement fund mechanics: handlers must pay into the fund within 2 days after the producer price differential is announced — a timing structure tied to price announcement rather than a fixed calendar date, unlike most other orders (§ 1001.71). Producer partial payments: handlers must send a partial payment so producers receive it by the 23rd day of the month for milk received in the first part of the month (§ 1001.73).

• 7 CFR Part 1032 — Milk in the Central Marketing Area (43 sections): the federal milk marketing order for the Central region — covering portions of Iowa, Illinois, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wyoming, plus specific counties in adjacent states (§ 1032.2). The Central order uses Jackson County, Missouri (Kansas City area) as the reference county for the Class I differential and price (§ 1032.51). Monthly reporting by the 7th day after month end (§ 1032.30); producer payroll reports by the 20th day (§ 1032.31). Settlement fund mechanics: handlers pay by the 14th day after month end (§ 1032.71); distributions made by the 15th day (§ 1032.72). Producer partial payments: handlers must send a partial payment so producers receive it by the 26th day for milk received in the first 15 days, equal to at least the lowest announced class price for the previous month (§ 1032.73).

• 7 CFR Part 1033 — Milk in the Mideast Marketing Area (43 sections): the federal milk marketing order for the Mideast — covering specific counties in Ohio, Pennsylvania, West Virginia, Indiana, Michigan, and Kentucky (§ 1033.2), with the eastern Ohio-Pennsylvania dairy corridor at its center. The Mideast order uses Cuyahoga County, Ohio (Cleveland area) as the reference county for the Class I differential and price (§ 1033.51). Monthly reporting by the 7th day after month end (§ 1033.30); producer payroll reports by the 22nd day (§ 1033.31). Settlement fund mechanics: handlers pay by the 15th day after month end (§ 1033.71). Producer partial payments: handlers must send a partial payment so producers receive it by the 26th day of the same month for milk received in the first part of the month (§ 1033.73).

• 7 CFR Part 1126 — Milk in the Southwest Marketing Area (43 sections): the federal milk marketing order for the Southwest — covering all of New Mexico, all of Texas, and three specific Colorado counties (Archuleta, La Plata, and Montezuma) (§ 1126.2). The Southwest order uses Dallas County, Texas as the reference county for the Class I differential and price (§ 1126.51), anchoring the fluid milk floor price to the Dallas-Fort Worth consumer market. Monthly reporting by the 8th day after month end (§ 1126.30); producer payroll reports by the 20th day (§ 1126.31). Settlement fund mechanics: handlers pay by the 16th day after month end (§ 1126.71). Producer partial payments: partial payment must reach the producer by the 23rd day of the month for milk received in the first half (§ 1126.73).

• 7 CFR Part 1131 — Milk in the Arizona Marketing Area (43 sections): the federal milk marketing order for Arizona — covering the entire State of Arizona as the marketing area, including all piers, docks, and government reservations (§ 1131.2). The Arizona order uses Maricopa County, Arizona (Phoenix area) as the reference county for the Class I differential and price (§ 1131.51) — reflecting Phoenix's role as the dominant fluid milk distribution hub in the state. Monthly reporting by the 7th day after month end (§ 1131.30); producer payroll reports by the 20th day (§ 1131.31). Settlement fund mechanics: handlers pay by the 13th day after month end (§ 1131.71). Producer partial payments: partial payment must reach producers by the 25th day of the month — a later partial-payment deadline than most other orders — for milk received in the first part of the month (§ 1131.73).

• 7 CFR Part 1006 — Milk in the Florida Marketing Area (44 sections): the federal milk marketing order for Florida — covering the entire State of Florida except Escambia, Okaloosa, Santa Rosa, and Walton counties (those northwest panhandle counties are covered by the Southeast Order, Part 1007) (§ 1006.2). The Florida order uses Hillsborough County, Florida (Tampa area) as the reference county for the Class I differential and Class I price (§ 1006.51) — reflecting Tampa's role as Florida's largest fluid milk market hub. Monthly reporting by the 7th day after month end (§ 1006.30); producer payroll reports by the 20th day (§ 1006.31). Settlement fund mechanics: handlers pay into the fund so the market administrator receives it by the 12th day after month end (§ 1006.71); distributions made within 1 day after the 12th-day receipt (§ 1006.72). Producer partial payments: handlers must make two monthly partial payments — for milk received through the 15th, payment must reach the producer by the 20th and must be at least 85% of the previous month's uniform price (adjusted for location) (§ 1006.73). The market administrator computes uniform prices by the 11th day of each month (§ 1006.61).

• 7 CFR Part 1030 — Milk in the Upper Midwest Marketing Area (44 sections): the federal milk marketing order for the Upper Midwest — covering portions of Illinois, Iowa, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin (§ 1030.2); the geographic heart of U.S. dairy production, spanning the traditional Dairy Belt states. The Upper Midwest order uses Cook County, Illinois (Chicago) as the reference county for the Class I differential and price (§ 1030.51) — reflecting Chicago's role as the dominant fluid milk distribution center for the region. Monthly reporting by the 9th day after month end (§ 1030.30); producer payroll reports by the 22nd day (§ 1030.31) — the Upper Midwest order gives handlers slightly more time on payroll reports than most other orders. Settlement fund mechanics: handlers pay by the 15th day after month end (§ 1030.71); distributions made by the 16th day (§ 1030.72). Producer partial payments: handlers must send a partial payment so producers receive it by the 26th day of the same month for milk received in the first 15 days; the partial payment must equal at least the lowest announced class price for the previous month (§ 1030.73). The market administrator computes the producer price differential each month (§ 1030.61).

• 7 CFR Part 1124 — Milk in the Pacific Northwest Marketing Area (44 sections): the federal milk marketing order for the Pacific Northwest — covering all of Washington, specific northern Idaho counties (Benewah, Bonner, Boundary, Kootenai, Latah, and Shoshone), and specific Oregon counties in the northern/central part of the state (§ 1124.2). The Pacific Northwest order uses King County, Washington (Seattle) as the reference county for the Class I differential and price (§ 1124.51). Monthly reporting by the 9th day after month end (§ 1124.30); producer payroll reports by the 20th day (§ 1124.31). Settlement fund mechanics: handlers pay by the 16th day after month end (§ 1124.71); distributions made by the 18th day (§ 1124.72). Producer partial payments: if a producer is still shipping milk on the 18th day of the month, the handler must make a partial payment so the producer receives it by the last day of that month; the payment must be at least the lowest announced class price for the previous month, multiplied by the quantity received in the first half of the month (§ 1124.73). The Pacific Northwest order includes a Cooperative Reserve Supply Unit provision (§ 1124.11) — allowing a cooperative without its own plant to serve as a pool reserve supplier that can receive payments from the settlement fund when its members' milk fills the market's supply needs.

Section 32 Specialty Crop Diversion Programs — In addition to ongoing marketing orders, AMS has administered one-time tree-removal diversion programs funded under Section 32 of the Agricultural Adjustment Act (7 U.S.C. § 612c) to reduce excess orchard capacity in oversupplied specialty crop markets:

• 7 CFR Part 81 — Prune/Dried Plum Diversion Program: USDA paid California prune and plum growers who voluntarily removed production trees, with applications due by June 30, 2002; payment eligibility required verification of qualifying acreage by the California Prune Board/Dried Plum Board; refund and joint-and-several liability provisions applied if growers were ineligible; the program was a one-time market correction following oversupply that depressed prices in the late 1990s
• 7 CFR Part 82 — Clingstone Peach Diversion Program: AMS paid California clingstone peach growers who removed production trees, with applications processed through the California Canning Peach Association (CCPA) by July 31, 2006; the program addressed chronic oversupply in the processing peach market; growers had to allow USDA/CCPA inspection of removal sites and maintain records of the removal contracts and invoices; overpayments are subject to repayment with interest

Both programs have closed and no longer accept applications, but their regulations remain in the Code of Federal Regulations as part of USDA's administrative record.

• 7 CFR Part 4285 — USDA Cooperative Agreements for Agricultural Marketing Research: USDA cooperative agreements with state agencies to fund agricultural marketing research, authorized by Section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. § 1623(b)); eligible recipients are state agencies with organizational and financial capacity to conduct marketing research; funds may be used for research on agricultural cooperatives, marketing efficiency, distribution systems, and farm-to-market channels; state agencies must provide matching funds; requires annual progress reports and a final report within 90 days of project completion

• 7 CFR Parts 900–999 — Full range of commodity marketing orders and agreements: milk marketing orders (Parts 1000–1999 for the federal order pricing rules), fruit and vegetable orders, nut orders, and specialty crop orders

• 7 CFR Part 205 — USDA National Organic Program (organic certification standards, labeling requirements)

Pending Legislation

• HR 8104 — Establish a mandatory country-of-origin labeling program under the Agricultural Marketing Act of 1946. Status: Introduced.
• HR 8152 — Amend the Agricultural Adjustment Act regarding treatment of marketing orders. Status: Introduced.
• HR 5097 — Amend the Agricultural Marketing Act of 1946 to direct the Secretary on marketing program requirements. Status: Introduced.

Recent Developments

Federal milk marketing order reform has been a major focus, with USDA conducting comprehensive hearings on proposals to update the milk pricing formulas — the most significant potential change to dairy pricing in decades. The Horne decision (2015) effectively ended mandatory reserve pool programs for specialty crops. Checkoff programs have faced legal challenges under the First Amendment (producers argued forced assessments for generic advertising violated their free speech rights), but the Supreme Court upheld mandatory checkoff assessments as "government speech" in Johanns v. Livestock Marketing Association (2005). The growing importance of plant-based alternatives has raised questions about the scope of dairy marketing order authority and the use of dairy terms in labeling non-dairy products.

In March 2026, USDA published a final rule updating the Popcorn Promotion, Research, and Consumer Information Order, increasing the mandatory assessment rate from 5 cents to 6 cents per hundredweight to reflect the current rate adjusted for inflation.

Also in March 2026, USDA published several agricultural marketing order actions: a proposed rule to increase the honey assessment rate from 1.5 to 2 cents per pound; a proposal to decrease the California olive assessment from $28 to $24 per ton; a final rule renaming the Christmas Tree Promotion Board to the 'Real Christmas Tree Board' and increasing administrative assessment caps; modifications to sweet cherry handling regulations in Washington state; extension of the California almond inedible disposition deadline; and changes to South Florida avocado maturity requirements.

Also in March 2026, AMS withdrew its direct final rule adjusting the supplemental cotton import assessment after receiving a significant adverse comment on the 2025 amendments to the Cotton Board Rules and Regulations.

In March 2026, USDA updated the Dairy Forward Pricing Program regulations in accordance with the Continuing Appropriations Act, reauthorizing the program that allows dairy producers and handlers to voluntarily enter into forward price contracts. USDA also published an advance notice of proposed rulemaking seeking stakeholder input on mandatory manufacturing cost surveys for dairy production cost and product yield information, as authorized by the One Big Beautiful Bill Act. Additionally, USDA streamlined regulations related to the concrete masonry research, education, and promotion program.