AMS Specialty Crop Import Standards — Federal Grade and Inspection Requirements for Imported Dates, Walnuts, Prunes, and Other Nuts and Dried Fruit

Current Rule (2026)

What This Rule Does

7 CFR Part 999 requires that every commercial shipment of imported dates, walnuts, prunes, raisins, filberts (hazelnuts), and pistachios be inspected and certified by a USDA inspector before U.S. Customs releases the cargo. Shipments that fail the grade check can be refused entry entirely or conditionally released only for processing uses — with paperwork required before customs will let them through.

The rule exists because of a 1937 congressional bargain. When Congress authorized domestic Agricultural Marketing Orders that let farmers collectively set grade and size floors for their crops, it also required — in Section 8e of the Agricultural Marketing Agreement Act — that imported versions of those same commodities meet comparable standards. Without that parity rule, foreign growers could undercut domestic prices simply by shipping lower-quality product that American farmers were barred from selling.

Part 999 is the dried and inshell side of that parity system. Its fresh-fruit counterpart is 7 CFR Part 944, which covers imported table grapes, kiwifruit, citrus, and other fresh commodities — see USDA Fruit Import Grade Requirements. Together, Parts 944 and 999 form the full Section 8e import enforcement program administered by USDA's Agricultural Marketing Service.

Key Mechanics

The legal trigger is 7 U.S.C. § 601, which authorizes AMS to condition customs release on USDA inspection and certification. Each commodity gets its own subpart within Part 999, with grade tables that mirror the current domestic marketing order standards:

Dates (§ 999.1) — Imported dates for retail repackaging or direct sale must be wholesome and meet U.S. grade rules for moisture content, defects, and varietal integrity. Both retail-packaged dates and loose bulk dates destined for further packaging are covered. An AMS inspector must issue a certificate before customs will release the shipment.

Walnuts (§ 999.100) — English/Persian walnuts (Juglans regia), whether inshell or shelled, must pass USDA inspection before release. Inshell walnuts are graded on size and shell integrity; shelled walnut halves and pieces are graded on color (light amber or better is preferred), defects, and foreign material content. California's walnut marketing order drives the domestic standards that imports must match.

Prunes (§ 999.200) — Sun-dried and dehydrated plums ("prunes") must be inspected and certified before customs release. Several specialty pack categories — sulfur-bleached "silver" prunes, certain high-moisture specialty packs, and brine-dried varieties — may be handled under separate rules or exempted from specific size requirements, so importers should verify the current standard for their product type before shipping.

Raisins (§ 999.300) — Imported raisins (grapes with moisture naturally removed) must be certified by a USDA inspector for varietal type and grade. Inspectors verify moisture levels, the presence of mold or insect damage, and varietal consistency. The California raisin marketing order historically drove these standards; importers from countries like Turkey, Iran, and Chile — which collectively supply a large share of U.S. raisin imports — must meet the same floors.

Filberts/Hazelnuts (§ 999.400) — Imported filberts and hazelnuts, both inshell and shelled kernels, must be inspected before customs release. Oregon's hazelnut marketing order drives the domestic grade standards that apply here.

Exempt Commodity Procedures (§ 999.500) — Importers who want to bring in below-grade product for processing uses (jam, juice concentrate, confectionery) cannot simply declare the cargo "for processing" and walk it through. They must file an Importer's Exempt Commodity Form (SC-6) with AMS's Market Development Division before customs will release the shipment. Missing the SC-6 means the cargo sits at the port.

One structural feature matters for importers tracking compliance costs: grade standards for imported commodities change automatically whenever AMS amends the corresponding domestic marketing order. If AMS suspends a domestic size requirement — say, temporarily allowing smaller walnuts because of a poor harvest — that suspension also relaxes the import requirement for the same period. AMS publishes these suspensions and reinstatements as direct final rules in the Federal Register, typically with a short comment period.

How It Affects You

If you're an importer of dates, walnuts, prunes, raisins, filberts, or pistachios: USDA inspection and certification is not optional — it is a condition of customs release. Schedule inspection at the port of entry or a USDA-approved inspection point before the vessel arrives. At busy West Coast ports during peak nut season (September through December), inspection slots book up. A shipment sitting uncertified in ambient or refrigerated storage accumulates demurrage charges quickly; for a 40-foot container of walnuts, a week's delay can cost $1,000–$3,000 in port fees alone. See U.S. Customs & Import Procedures for how the customs release process works alongside the USDA inspection requirement.

If you're importing product for processing use: The SC-6 exemption form is not a post-release accommodation — it must be filed with AMS before customs releases your cargo. Work with your customs broker to build this step into your import workflow. Importers who skip it because they assume "processing use" is self-evident regularly find their shipments held until the form is filed.

If you're a domestic nut or dried fruit grower: Part 999's Section 8e requirement is your statutory backstop against foreign competition that bypasses domestic grade floors. When AMS proposes to weaken or suspend a grade standard under your domestic marketing order, watch the Federal Register — the import standard automatically follows. If the domestic standard relaxes, imports become easier. If you believe a proposed change will hurt domestic markets, the direct-final-rule process gives you a narrow window (typically 15 days) to file an objection that can convert the rule to a standard notice-and-comment rulemaking. If foreign competitors are pricing below cost of production, separate Antidumping & Countervailing Duties remedies may also apply alongside Section 8e grade requirements.

If you're a food manufacturer sourcing bulk nuts or dried fruit: Know whether your supplier is clearing USDA inspection before delivery. A valid AMS certificate confirms the shipment met the grade standard at point of entry — it does not certify food safety in the FDA sense, but it gives you documentation that grade and quality benchmarks were met at import.

Legal Authority

The import inspection program for specialty crops flows from a cluster of Agricultural Marketing Agreement Act provisions:

• 7 U.S.C. § 601 — Declaration of conditions: establishes that disruptions in farm trade between states reduce farmers' buying power, cut farm property values, and block normal commerce — the constitutional rationale for federal marketing intervention.
• 7 U.S.C. § 602 — Declaration of policy: directs the Secretary of Agriculture to make farming markets orderly so farmers can achieve parity prices, and authorizes minimum quality, maturity, grading, and inspection standards for the commodities listed in § 608c(2).
• 7 U.S.C. § 608b — Marketing agreements: authorizes the Secretary to enter marketing agreements with processors and handlers; these agreements only cover handling in interstate or foreign trade and are explicitly exempt from antitrust law.
• 7 U.S.C. § 608c — Orders: the core marketing order authority; orders can require handlers to meet grade, size, quality, or maturity standards and can assess handlers to cover operating costs; violations carry civil penalties up to $1,000 per violation per day.
• 7 U.S.C. § 608d — Books and records: handlers under marketing agreements or orders must provide information to the Secretary, who may inspect business records and tax returns to verify compliance.
• 7 U.S.C. § 608e-1 (Section 8e) — The statutory import parity requirement: whenever USDA establishes grade, size, quality, or maturity standards for a domestic commodity under a federal marketing order, imported versions of that commodity must meet comparable standards as a condition of U.S. entry. AMS enforces this through mandatory pre-release inspection at ports of entry, with regulations codified at 7 CFR Part 999.

The Section 8e parity mechanism was designed to prevent marketing orders from functioning as one-way trade barriers that artificially protected domestic price floors while allowing low-quality foreign product to undercut them through retail channels.

Recent Rulemakings

AMS publishes Part 999 amendments as direct final rules in the Federal Register. Key recent actions:

• Raisin standard updates: AMS has periodically revised the moisture and grade tolerances for imported raisins to track changes in the California raisin marketing order, including adjustments driven by shifts in domestic production volumes.
• Pistachio coverage: Pistachios produced under the California Pistachio marketing order are subject to Section 8e import requirements; any change to the domestic pistachio grade order triggers a corresponding amendment to Part 999 import rules.
• Walnut suspensions: During years of domestic supply shortfalls, AMS has temporarily suspended inshell walnut size requirements, which simultaneously relaxed the import standard for the suspension period.

Individual commodity suspensions and reinstatements are published in the Federal Register; AMS typically uses the direct final rule process, which takes effect unless a significant adverse comment is received within the comment period.

Pending Legislation

• HR 8152 (119th Congress) — Would amend 7 U.S.C. § 608e-1(a) to insert "including dates for processing" after "dates," bringing processing-grade dates within the scope of marketing orders and removing the existing exclusion for processing dates. Referred to the House Agriculture Committee and House Ways and Means Committee on March 27, 2026. Status: introduced. If enacted, this would expand the Part 999 date import requirement to cover processing-use date shipments that currently may enter without full grade inspection.
• HR 8525 (119th Congress, Rep. Raul Ruiz, D-CA-25) — Would amend the Specialty Crops Competitiveness Act of 2004 to create a new seasonal and perishable crop compensation program, paying domestic producers for price drops caused by import competition. Payments would be based on the gap between domestic and import prices, weighted by recent production volume. Status: introduced. If enacted, this would create a new price-support backstop for specialty crop growers that complements the Section 8e import standard mechanism.

Recent Developments

• March 31, 2026 — USDA's Farm Service Agency reopened the 2025 crop acreage reporting period for specialty crop farmers impacted by "unfair market disruptions," a signal that AMS and FSA are coordinating responses to import-competition concerns affecting domestic specialty crop markets covered by Part 999 marketing orders. Importers should monitor whether any related suspensions or reinstatements of grade standards follow from this market review. (Source: USDA FSA)
• March 2026 — AMS proposed marketing order changes for sweet cherries grown in Washington (increasing minimum size requirements) and for California almonds (extending inedible disposition deadlines). These are not Part 999 commodities, but they illustrate the active pace of domestic marketing order amendments that automatically trigger corresponding import standard changes under Section 8e. Walnut, pistachio, raisin, and date importers should track AMS Federal Register notices on their commodity's domestic order for the same reason. (Source: Federal Register)
• Farm, Food, and National Security Act of 2026 (HR 7567) — Passed the House as a large USDA reauthorization covering conservation, crop aid, rural programs, and nutrition through FY2031. The bill does not directly amend Section 8e or Part 999, but any reauthorization of the Agricultural Marketing Agreement Act in the final farm bill could alter the marketing order framework that underpins the entire import parity system. Status: passed House, pending Senate action. See Farm Bill & Agricultural Subsidies for the broader farm bill context and Food & Agriculture Tariffs for how tariffs layer on top of grade inspection requirements for these commodities.