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USDA proposes to exempt 100 percent organic entities from marketing order promotion assessments
Washington, DC
December 1, 2003

The U.S. Department of Agriculture's Agricultural Marketing Service is proposing amendments to 28 fruit and vegetable marketing order programs that authorize market promotion activities. The changes would exempt producers and marketers of solely 100 percent organic products from paying commodity promotion assessments. Details of the proposed exemption will appear in the Federal Register on December 2.

The 2002 Farm Bill directed USDA to issue regulations exempting any person who produces and markets solely 100 percent organic products and who does not produce any conventional or non-organic products from paying assessments under a commodity promotion law.

Currently, there are 28 regional marketing order programs that authorize market promotion activities. These include programs for Texas citrus; Florida avocados; California nectarines; California peaches and pears; Washington apricots; Washington sweet cherries; Washington/Oregon fresh prunes; Southeastern California grapes; Oregon/Washington winter pears; cranberries grown in the States of Massachusetts, et al.; tart cherries grown in the States of Michigan, et al.; Oregon/Washington Bartlett pears; California olives; Oregon/California potatoes; Colorado potatoes; Georgia Vidalia onions; Washington/Oregon Walla Walla onions; Idaho/Eastern Oregon onions; Texas onions; Florida tomatoes; Texas melons; California almonds; Oregon/Washington hazelnuts; California walnuts; Far West spearmint oil; California dates; California raisins; and California dried prunes.

The 28 marketing order programs allow for promotion activities designed to assist, improve or promote the marketing, distribution or consumption of the commodities they represent. Some of the programs also authorize market promotion in the form of paid advertising. Promotion activities are funded from assessments levied on handlers regulated under the various marketing orders.

Comments are being solicited from interested parties for 30 days and may be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, S.W., STOP 0237, Washington, D.C. 20250 0237; fax (202) 720 8938; or e mail to moab.docketclerk@usda.gov.

The Farm Bill amendment also covers 16 national research and promotion programs for blueberries, beef, cotton, dairy, eggs, fluid milk, Hass avocados, honey, lamb, mushrooms, peanuts, popcorn, pork, potatoes, soybeans, and watermelons. A separate proposed rule will be issued addressing the organic exemption under these national research and promotion programs.
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