USDA Fruit Import Grade Requirements — Section 8e Import Regulations for Avocados, Grapes, Citrus, and Other Fruit
Legal Authority
- 7 U.S.C. § 608e-1 (Section 8e of the Agricultural Marketing Agreement Act of 1937) — Requires that whenever domestic marketing orders regulate quality, size, maturity, or pack requirements for a commodity, imported goods of the same commodity must meet at least equivalent U.S. grade, size, quality, and maturity standards; prevents imports from undercutting domestic grade standards
- 7 CFR Part 944 — USDA Agricultural Marketing Service (AMS) implementing regulations for Section 8e import requirements; specifies covered commodities, applicable grade standards, and inspection and certification procedures for imported fruit
Key Mechanics
Section 8e of the AMAA (7 U.S.C. § 608e-1) and 7 CFR Part 944 create a parity mechanism: when USDA marketing orders regulate the quality or grade of domestically produced fruit, the same grade, size, and maturity standards apply to imports of that commodity. Without Section 8e, domestic growers subject to strict quality standards would face competition from lower-quality imports that their own product cannot legally deliver. Covered commodities under Part 944 include avocados, dates, grapefruit, grapes, kiwifruit, nectarines, olives, oranges, peaches, pears, plums, prunes, tomatoes, and walnuts — the specific list corresponds to commodities covered by active federal marketing orders. Importers must have their shipments inspected and certified by USDA-licensed inspectors before entry is permitted; USDA's AMS Fresh Products Branch conducts inspections at ports of entry. Shipments that fail to meet applicable grade standards are rejected and must be re-exported, destroyed, or (for some commodities) diverted to processing uses (canning, juice) where grade standards do not apply. Importers bear the cost of inspection. The Section 8e standards are updated when underlying domestic marketing order standards change.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 7 CFR Part 944 |
| Issuing agency | USDA Agricultural Marketing Service (AMS) |
| Statutory authority | 7 U.S.C. § 608e-1 (Section 8e of the Agricultural Marketing Agreement Act of 1937) |
| Last major amendment | Ongoing — individual commodity regulations updated as federal marketing orders change |
What This Rule Does
When Congress creates a domestic marketing order for a commodity — setting minimum grade, size, or quality standards for U.S.-grown fruit — it would create an unfair competitive advantage if imported fruit could dodge those same standards. Section 8e of the Agricultural Marketing Agreement Act of 1937 solves this by requiring that whenever a marketing order sets standards for domestic production, imported versions of the same commodity must meet comparable requirements before they enter the United States.
Seven CFR Part 944 implements Section 8e for fresh fruit: it contains the specific import regulations for each covered commodity, from avocados and grapefruit to table grapes, kiwifruit, fresh prunes, and olives. The rules require importers to obtain official USDA inspection and certification of their shipments before the fruit clears customs. Shipments that do not meet minimum grade and size standards may be refused entry, exported back to origin, or destroyed. The counterpart regulation for dried and inshell specialty crops — walnuts, raisins, dates, prunes, filberts, and pistachios — is 7 CFR Part 999. See AMS Specialty Crop Import Standards for that program.
The commodity-specific regulations in Part 944 track the domestic marketing orders closely. When AMS suspends a domestic standard (often for short periods when domestic supplies are low), the corresponding import requirement is also suspended. When the domestic standard tightens, imports must meet the tighter standard.
Key Provisions
- § 944.28 — Avocado import grade regulation: avocados may only be imported if they meet at least U.S. No. 2 grade under the U.S. Standards for Grades of Florida Avocados; inspectors check for size, surface condition, and freedom from defects
- § 944.31 — Avocado import maturity regulation: imported avocados must meet minimum maturity standards (measured by oil content or other maturity criteria) before entry; certain varieties (Hass, Fuerte, Zutano, Edranol) are exempt from the maturity regulation
- § 944.106 — Grapefruit import regulation: grapefruit cannot be imported unless they meet minimum grade (U.S. No. 1 or better for some destinations) and size requirements; seedless grapefruit must meet specified size minimums; standards align with domestic Florida grapefruit marketing order requirements
- § 944.312 — Orange import regulation: imported oranges must meet U.S. No. 2 grade and be at least 2-3/16 inches in diameter; this regulation is periodically suspended (typically from June 15 through October 14 each year, when domestic production is low and competitive pressure from imports is less of a concern)
- § 944.350 — Safeguard procedures for exempt shipments: importers who claim their avocados, grapefruit, kiwifruit, olives, oranges, fresh prunes, or table grapes are exempt from grade and size requirements (e.g., for processing use or other exempt purposes) must file an Importer's Exempt Commodity Form (SC-6) before the shipment clears customs; customs authorities will not release the shipment without the form
- § 944.400 — Inspection and certification: avocados, grapefruit, kiwifruit, oranges, fresh prune plums, and table grapes regulated under Section 8e must have a valid USDA inspection certificate before they enter the United States; the importer arranges for USDA's Federal or Federal-State Inspection Service to inspect the shipment at the port of entry or at a designated inspection point; shipments may be held at the port pending inspection
- § 944.401 — Olive regulations: imported canned ripe olives and bulk olives intended for canning as ripe olives must be inspected by USDA and meet minimum quality standards; the olive import rules protect the domestic California olive industry from below-standard imported product
- § 944.503 — Table grape import regulation: vinifera table grapes may only be imported if they meet minimum grade, size, and maturity rules that align with the California table grape marketing order; specific variety exemptions and timing provisions apply
- § 944.550 — Kiwifruit import regulation: kiwifruit must meet U.S. No. 1 grade (with allowances for minor defects); up to 10% of a lot may fail to meet the standard under a tolerance provision
- § 944.700 — Fresh prune import regulation: fresh prunes (except the Brooks variety) cannot be imported during the domestic season (July 15 through September 30) unless they meet minimum size and maturity requirements; the seasonal restriction protects the domestic fresh prune industry during its peak harvest period
How It Affects You
If you import fresh avocados, grapefruit, oranges, table grapes, kiwifruit, plums, or olives into the United States, Section 8e applies to your shipment. Before your product can clear U.S. Customs, you must arrange for USDA inspection and have a valid certificate showing the shipment meets applicable grade, size, and maturity standards.
Arrange inspection early in the shipping process. Inspection delays at the port of entry can hold your shipment in refrigerated storage while the fruit ripens or deteriorates. Work with your customs broker and USDA's Agricultural Marketing Service to pre-schedule inspection at designated facilities.
Standards change when domestic marketing orders change. Track AMS Federal Register notices that suspend or modify domestic marketing order standards — those changes flow directly to import requirements. A suspension of the orange import size requirement, for example, typically means your shipment can enter without meeting the suspended standard for the duration of the suspension.
The safeguard/exempt process is mandatory for processing-grade fruit. If you are importing below-grade fruit for juice processing, canning, or other exempt uses, you must still file Form SC-6 before release. Do not assume that "processing use" excuses you from the paperwork — customs will hold the shipment without the form.
Penalty for non-compliant entry: fruit entering in violation of Section 8e import requirements may be refused entry, re-exported, or destroyed at the importer's expense. Repeated violations may result in loss of import privileges.
Statutory Authority
This rule implements:
- 7 U.S.C. § 608e-1 — Section 8e of the Agricultural Marketing Agreement Act of 1937; requires that whenever a domestic marketing order sets grade, size, quality, or maturity standards for a commodity, imported versions of that commodity must meet comparable requirements; authorizes USDA to enforce these requirements through inspection and certification
Recent Rulemakings
Individual commodity import regulations in Part 944 are amended frequently, tracking changes to domestic marketing orders. Suspension, reinstatement, and modification of specific commodity requirements are published in the Federal Register as direct final rules and interim final rules.