Export Grapes and Plums Act — Federal Quality Standards for U.S. Fruit Exports
Legal Authority
- 7 U.S.C. §§ 591–599 — Export Grape and Plum Act: authorizes USDA to establish and enforce minimum grade standards for vinifera table grapes and plums exported from the United States; prohibits export of substandard fruit
- 7 CFR Part 35 — USDA Agricultural Marketing Service regulations implementing the Export Grape and Plum Act; establishes inspection and certification procedures, destination-specific grade requirements, and enforcement mechanisms
Key Mechanics
The export quality program works through mandatory pre-shipment inspection: growers and shippers seeking to export vinifera table grapes or plums must have their shipments inspected by USDA/AMS inspectors (or state cooperators) against the minimum grade standards for the destination country. Inspectors certify compliant shipments; non-compliant lots may not be exported. Inspection certificates travel with the shipment as proof of compliance for importing country customs authorities. USDA sets different minimum grades for different destination markets — premium markets (Japan, EU) require stricter grades than developing-country destinations. The program is voluntary in the sense that shippers choose to export, but once they seek to export, compliance with grade standards and inspection is mandatory.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 7 CFR Part 35 |
| Issuing agency | USDA Agricultural Marketing Service (AMS) |
| Statutory authority | 7 U.S.C. §§ 591–599 (Export Grape and Plum Act) |
| Last major amendment | No recent Federal Register amendments |
What This Rule Does
The Export Grape and Plum Act (7 U.S.C. §§ 591–599) gives USDA authority to set minimum quality grades for vinifera table grapes and plums exported from the United States to foreign markets. The goal is to protect the reputation of American agricultural exports: substandard fruit shipped overseas can damage U.S. market relationships, harm future export sales, and undercut domestic producers who meet quality standards. Seven CFR Part 35 implements the Act by establishing the minimum grade requirements, inspection and certification procedures, and enforcement mechanisms.
The rule applies specifically to vinifera table grapes (wine-grape varieties grown for fresh consumption). Different destination markets have different minimum grade requirements — Japan and European countries require the highest grades, while other destinations have less stringent standards. Plums are similarly graded by destination.
Key Provisions
- § 35.1 — Defines the "Export Grape and Plum Act" and USDA's authority to prevent shipment of substandard fruit
- § 35.11 — Minimum grade requirements by destination:
- Shipments to Japan and European countries: must meet U.S. Grade No. 1 or higher
- Shipments to other foreign destinations: must meet U.S. Grade No. 2 or higher
- Canada and Mexico are exempt from mandatory inspection — all grade requirements still apply but the inspection certification process is not required before shipment
- § 35.12 — Mandatory inspection and certification: Any shipment of vinifera table grapes to any foreign country except Canada and Mexico must be inspected by the Federal or Federal-State Inspection Service before shipment; the shipper must obtain and hold a certificate confirming the grapes meet the applicable grade standard; no certified shipment may be altered after inspection without re-inspection
- § 35.13 — Minimum quantity threshold: the certification requirement applies to any shipment to a foreign destination; there is no de minimis quantity exemption for commercial shipments
- § 35.14 — If USDA determines that a shipper has exported or attempted to export grapes that do not meet minimum grade requirements, USDA may begin a proceeding to withhold inspection certificates for that shipper for up to 90 days; USDA must notify the shipper of its intent before taking action
- § 35.15 — Hearing rights: a shipper facing certificate suspension has 10 days from service of the notice to request a hearing in writing and file a written answer; the hearing is limited to the issues stated in the notice; the shipper may appear in person or through counsel
- § 35.16 — If a suspension order is issued, it specifies the start and end dates; a suspension may not exceed 90 days; after the suspension period, normal inspection services resume
- § 35.17 — Shipments that obtain proper inspection certificates may proceed to export; grapes rejected under inspection may be re-packed and re-inspected if the shipper corrects the defects
- § 35.18 — Recordkeeping: shippers must maintain records of all export shipments and inspection certificates; USDA may audit these records
How It Affects You
If you export fresh table grapes from the United States, federal inspection and certification is mandatory for shipments to most foreign markets. You cannot simply pack and ship — you must schedule a USDA Federal-State Inspection and obtain a certificate confirming the grapes meet grade standards before the shipment leaves. Without the certificate, customs authorities in destination countries may reject the shipment at the importer's cost.
The grade standards matter because buyers in premium markets (Japan, EU) require U.S. Grade No. 1 — tighter standards for size, color, maturity, freedom from defects. Shipments that cannot pass Grade No. 1 can be redirected to less stringent markets, but this affects your market relationships and pricing.
Repeated violations — shipping or attempting to ship substandard grapes — can result in USDA suspending your access to Federal-State Inspection services for up to 90 days. During a suspension, you cannot obtain the certificates needed to export to mandatory-inspection markets, effectively halting your export business.
For plum exporters: The same framework applies. Minimum grade requirements vary by destination, and inspection certification is mandatory for most overseas markets. U.S. plum exports are smaller in volume than grapes, but California plums go to significant Pacific Rim markets where quality reputation matters.
Statutory Authority
This rule implements:
- 7 U.S.C. § 591 — Congressional findings about the importance of protecting the reputation of U.S. fruit exports
- 7 U.S.C. § 592 — Authority for the Secretary of Agriculture to establish grade standards for exported grapes and plums
- 7 U.S.C. § 593 — Mandatory inspection requirement before export
- 7 U.S.C. § 594 — Enforcement authority, including suspension of inspection certificates for violations
- 7 U.S.C. § 595–599 — Additional provisions on hearings, appeals, and administration
Recent Rulemakings
No major Federal Register amendments reported. The grade standards and inspection requirements have been stable.