Rule2025-19274
Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Amendments to the Marketing Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 2, 2025
Effective
November 3, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This rulemaking amends Marketing Order No. 930, which regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The amendments modify the basis for calculating district representation on the Cherry Industry Administrative Board (Board), change the starting date for the term of office for Board members, simplify the way a Board member's sales constituency is determined, clarify how the sales constituency applies to alternate Board members, change the timeframe for submitting nominations, and clarify when districts are subject to volume regulation.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47503-47507]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19274]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 90, No. 189 / Thursday, October 2, 2025 /
Rules and Regulations
[[Page 47503]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Doc. No. AMS-SC-22-0052]
Tart Cherries Grown in the States of Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Amendments to
the Marketing Order
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rulemaking amends Marketing Order No. 930, which
regulates the handling of tart cherries grown in Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The amendments
modify the basis for calculating district representation on the Cherry
Industry Administrative Board (Board), change the starting date for the
term of office for Board members, simplify the way a Board member's
sales constituency is determined, clarify how the sales constituency
applies to alternate Board members, change the timeframe for submitting
nominations, and clarify when districts are subject to volume
regulation.
DATES: This rule is effective November 3, 2025.
FOR FURTHER INFORMATION CONTACT: Christy Pankey, Marketing Specialist,
or Matthew Pavone, Chief, Rulemaking Services Branch, Market
Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, Stop 0237, Washington, DC 20250-0237;
Telephone: (202) 720-8085, or Email: <a href="/cdn-cgi/l/email-protection#93d0fbe1fae0e7eabdc3f2fdf8f6ead3e6e0f7f2bdf4fce5"><span class="__cf_email__" data-cfemail="e8ab809a819b9c91c6b88986838d91a89d9b8c89c68f879e">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#82cfe3f6f6eae7f5acd2e3f4edece7c2f7f1e6e3ace5edf4"><span class="__cf_email__" data-cfemail="c68ba7b2b2aea3b1e896a7b0a9a8a386b3b5a2a7e8a1a9b0">[email protected]</span></a>.
Small businesses may request information on complying with this
regulation by contacting Antoinette Carter, Market Development
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-8085, or
Email: <a href="/cdn-cgi/l/email-protection#d495baa0bbbdbab1a0a0b1fa97b5a6a0b1a694a1a7b0b5fab3bba2"><span class="__cf_email__" data-cfemail="7e3f100a1117101b0a0a1b503d1f0c0a1b0c3e0b0d1a1f50191108">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
amends regulations issued to carry out a marketing order as defined in
7 CFR 900.2(j). This final rule is issued under Marketing Order No.
930, as amended (7 CFR part 930), regulating the handling of tart
cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin. Part 930 referred to as the ``Order'' is
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The
Board locally administers the Order and is comprised of growers and
handlers of tart cherries operating within the area of production and a
public member.
The Agricultural Marketing Service (AMS) is issuing this final rule
in conformance with Executive Order 12866, as amended by Executive
Order 13563. Executive Orders 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This action falls within a category of regulatory actions that the
Office of Management and Budget (OMB) exempted from Executive Order
12866 review.
This final rule has been reviewed under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have Tribal implications. AMS has determined this final rule is
unlikely to have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This rule shall not be deemed to preclude, preempt, or
supersede any State program covering tart cherries grown in Michigan,
New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 8c(15)(A) of the
Act (7 U.S.C. 608c(15)(A)), any handler subject to an order may file
with the U.S. Department of Agriculture (USDA) a petition stating that
the order, any provision of the order, or any obligation imposed in
connection with the order is not in accordance with law and requesting
a modification of the order or to be exempted therefrom. A handler is
afforded the opportunity for a hearing on the petition. After the
hearing, USDA would rule on the petition. The Act provides that the
district court of the United States in any district in which the
handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed no later than 20 days after the date of
entry of the ruling.
Section 8c(17) of the Act (7 U.S.C. 608c(17)) and Sec. 900.43 of
the supplemental rules of practice authorize the use of informal
rulemaking (5 U.S.C. 553) to amend Federal fruit, vegetable, and nut
marketing agreements and orders. USDA may use informal rulemaking to
amend marketing orders depending upon the nature and complexity of the
proposed amendment, the potential regulatory and economic impacts on
affected entities, and any other relevant matters.
AMS has considered these factors and has determined that the
amendments in this final rule are not unduly complex and the nature of
the amendments is appropriate for utilizing the informal rulemaking
process to amend the Order. This final rule encompasses a number of
changes that are primarily administrative and modernizing in nature.
These changes clarify regulatory text or align it with current industry
practices. The changes also simplify the administration of seating the
Board. During the referendum, eligible producers and processors favored
all the amendments. At least two-thirds of the eligible producers who
voted, or those representing at least two-thirds of the eligible
volume, supported each amendment. Additionally, participating
[[Page 47504]]
processors representing more than fifty percent of the frozen or canned
tart cherry volume within the production area voted in favor of each
amendment. A discussion of the potential regulatory and economic
impacts on affected entities is discussed later in the ``Final
Regulatory Flexibility Analysis'' section of this final rule. Each
amendment applies equally to all producers and handlers, regardless of
size. Each amendment also has no additional impact on the reporting,
record-keeping, or compliance costs of small businesses.
All eighteen Board members voted unanimously in favor of all the
proposed amendments to the Order following deliberations at a public
meeting held on February 15, 2022, except that the amendment related to
the method for establishing a member's sales constituency received one
dissenting vote. The Board formally submitted its recommendation to
amend the Order through the informal rulemaking process on April 8,
2022. At USDA's request, the Board conducted an additional meeting on
December 15, 2022, to publicly clarify its original intent that the
sales constituency provisions of the proposal would apply to both
growers and handlers, and that sales constituency would be established
at the time of nomination. Specifically, the Board revised the language
of its initial recommendation to clarify that a member's sales
constituency is established at the time of nomination. The Board then
unanimously affirmed, with sixteen voting members present, to clarify
that the established sales constituency applies to both handlers and
growers for the duration of the term of office. A separate vote to
remove the words ``and appointment'' from the language received fifteen
votes in favor and one dissenting vote from a member who believed sales
constituency should be calculated at the time of appointment.
A proposed rule soliciting public comments on the proposed
amendments was published in the Federal Register on December 4, 2023
(88 FR 84075). AMS received two comments: one comment from the
Wisconsin Department of Agriculture in support of all proposed
amendments, noting the proposed changes would have a favorable impact
on the Wisconsin cherry industry, and another from a Michigan handler
opposing Proposal 1 of the proposed rulemaking. After reviewing the
comments, AMS published a proposed rule and referendum order in the
Federal Register on July 19, 2024 (89 FR 58636). The proposed rule and
referendum order addressed the comments received and also directed that
a referendum among tart cherry producers and handlers (processors) be
conducted from August 26, 2024, through September 16, 2024, to
determine whether they favored the proposals. To become effective, each
amendment had to be approved by at least two-thirds of the eligible
producers voting in the referendum or by producers representing at
least two-thirds of the eligible volume. In addition, each amendment
had to be favored by processors representing more than fifty percent of
the frozen or canned tart cherry volume within the production area. All
the amendments met these requirements. A detailed summary of the
referendum results is available online at <a href="https://www.ams.usda.gov/content/tart-cherry-producers-vote-amend-federal-marketing-order">https://www.ams.usda.gov/content/tart-cherry-producers-vote-amend-federal-marketing-order</a>.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this action on small entities. Accordingly, AMS has prepared this final
regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act are unique in that they are brought about through
group action of essentially small entities acting on their own behalf.
There are approximately 330 tart cherry growers in the production
area and approximately 29 handlers subject to regulation under the
Order. At the time of this analysis, the Small Business Administration
(SBA) defined small agricultural producers of tart cherries as those
having annual receipts equal to or less than $3,500,000 (Other
Noncitrus Fruit Farming, North American Industry Classification System
Code 111339). Small agricultural service firms were defined as those
having annual receipts equal to or less than $34,000,000 (Postharvest
Crop Activities, North American Industry Classification System Code
115114) (13 CFR 121.201).
The National Agricultural Statistics Service (NASS) reported that
the 2023-24 value of the tart cherry crop for processed utilization was
approximately $41.4 million. The tart cherry production was 207.1
million pounds and the season average grower price for processed tart
cherries was $0.20 per pound. Dividing the crop value by the estimated
number of producers (330) yields an estimated average annual receipts
per producer of $125,318 ($41.4 million divided by 330 producers). This
is well below the SBA threshold for small producers.
To calculate handler value, AMS uses data from USDA purchases of
dried tart cherries for feeding programs as a proxy for prices received
by handlers. In 2024, the average price paid by USDA for dried tart
cherry products was $4.984 per pound. The dried cherry price was
converted to a raw product equivalent price of $0.997 per pound at an
industry recognized ratio of five to one ($4.984 divided by 5 equals
$0.997). Multiplying this price by 2023 total processed utilization of
207.1 million pounds results in an estimated handler-level tart cherry
value of $206.4 million ($0.997 per pound multiplied by 207.1 million
pounds). Dividing this figure by the number of handlers (29) yields
estimated average annual receipts per handler of approximately $7.1
million ($206.4 million divided by 29 handlers), which is well below
the SBA threshold of $34 million for small agricultural service firms.
Assuming a normal distribution, the majority of producers and handlers
of tart cherries may be classified as small entities.
AMS has determined that the amendments as effectuated by this final
rule will not have a significant impact on a substantial number of
small businesses. Rather, these changes will help further standardize
and stabilize Board membership and improve Board efficiency and
decision making throughout the year. No small businesses are unduly or
disproportionately burdened by the amendments.
This final rule modifies the basis for calculating district
representation on the Cherry Industry Administrative Board (Board),
changes the starting date for the term of office for Board members,
simplifies the way a Board member's sales constituency is determined,
clarifies how the sales constituency applies to alternate Board
members, changes the timeframe for submitting nominations, and
clarifies when districts are subject to volume regulation. The revised
voting requirements will result in less confusion for some Board
members, which can disrupt Board operations.
The Board considered the benefits and costs of maintaining the
status quo as an alternative to this action. However, the Board
believes the amendments are necessary to ensure the efficient execution
of the Order.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
[[Page 47505]]
Chapter 35), the Order's information collection requirements have been
previously approved by OMB and assigned OMB No. 0581-0177, Tart
Cherries Grown in Michigan, New York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin. No changes in those requirements are
necessary because of this action. Should any changes become necessary,
they would be submitted to OMB for approval.
This final rule does not impose additional reporting or
recordkeeping requirements on either small or large tart cherry
handlers. As with all federal marketing order programs, reports and
forms are periodically reviewed to reduce information requirements and
duplication by industry and public-sector agencies.
AMS is committed to complying with the E-Government Act to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this action.
The Board's meetings are widely publicized throughout the tart
cherry production area. All interested persons were invited to attend
the meetings and encouraged to participate in Board deliberations on
all issues. Like all Board meetings, the meetings held on February 15,
2022, and December 15, 2022, were open to the public, and all entities,
both large and small, were encouraged to express their views on the
proposed amendments.
AMS published a proposed rule concerning this action in the Federal
Register on December 4, 2023 (88 FR 84075). A copy of the rule was sent
via email to Board staff for distribution to all Board members and
Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and
Wisconsin tart cherry growers and handlers. The proposed rule was also
made available by USDA through the internet and the Office of the
Federal Register. A 60-day comment period ending February 2, 2024, was
provided to allow interested persons an opportunity to respond to the
proposals. AMS received one comment in support of all the proposed
amendments and one comment opposing one of the proposals. Based on all
the information available to AMS, including both comments received in
response to the proposed rule, no substantive changes were made to the
amendments as proposed.
AMS then published a proposed rule and referendum order on July 19,
2024 (89 FR 58636). That document directed that a referendum among
Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and
Wisconsin tart cherry producers and handlers (processors) be conducted
from August 26, 2024, through September 16, 2024, to determine whether
they favored the proposals. To become effective, each amendment had to
be approved by at least two-thirds of the eligible producers voting in
the referendum or by producers representing at least two-thirds of the
eligible volume. In addition, each amendment had to be favored by
processors representing more than fifty percent of the frozen or canned
tart cherry volume within the production area. The referendum results
show each of the amendments met the requirements to become effective.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
<a href="https://www.ams.usda.gov/rules-regulations/moa/small-businesses">https://www.ams.usda.gov/rules-regulations/moa/small-businesses</a>. Any
questions about the compliance guide should be sent to Antoinette
Carter at the previously mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
Order Amending the Order Regulating the Handling of Tart Cherries Grown
in the States of Michigan, New York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin <SUP>1</SUP>
---------------------------------------------------------------------------
\1\ This order shall not become effective unless and until the
requirements of Sec. 900.14 of the rules of practice and procedure
governing proceedings to formulate marketing agreements and
marketing orders have been met.
---------------------------------------------------------------------------
Findings and Determinations
(a) Findings and Determinations Upon the Basis of the Rulemaking Record
The findings and determinations hereinafter set forth are
supplementary to the findings and determinations which were previously
made in connection with the issuance of Marketing Order 930; and all
said previous findings and determinations are hereby ratified and
affirmed, except insofar as such findings and determinations may be in
conflict with the findings and determinations set forth herein.
1. Marketing Order 930 as amended, and as hereby amended and all
the terms and conditions thereof, will tend to effectuate the declared
policy of the Act;
2. Marketing Order 930 as amended, and as hereby amended regulates
the handling of tart cherries grown in Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin and is applicable
only to persons in the respective classes of commercial and industrial
activity specified in the Order;
3. Marketing Order 930 as amended, and as hereby amended is limited
in application to the smallest regional production area which is
practicable, consistent with carrying out the declared policy of the
Act, and the issuance of several marketing orders applicable to
subdivisions of the production area would not effectively carry out the
declared policy of the Act;
4. Marketing Order 930 as amended, and as hereby amended
prescribes, insofar as practicable, such different terms applicable to
different parts of the production area as are necessary to give due
recognition to the differences in the production and marketing of tart
cherries produced or packed in the production area; and
5. All handling of tart cherries grown or handled in the production
area, as defined in Marketing Order 930 is in the current of interstate
or foreign commerce or directly burdens, obstructs, or affects such
commerce.
(b) Determinations
It is hereby determined that:
1. The issuance of this amendatory Order, amending the aforesaid
Order, is favored or approved by at least two-thirds of the eligible
producers or by producers representing at least two-thirds of the
eligible volume that voted in the referendum on the question of
approval and who, during the period of July 1, 2023, through June 30,
2024, were engaged within the production area in the production of such
tart cherries; and is favored by handlers (processors) representing
more than fifty percent of the frozen or canned tart cherry volume
within the production area during the representative period.
2. The issuance of this amendatory Order advances the interests of
producers of tart cherries in the production area pursuant to the
declared policy of the Act.
Order Relative to Handling
It is therefore ordered, that on and after the effective date
hereof, all handling of tart cherries grown in Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin shall be in
conformity to, and in compliance with, the terms and conditions of the
said Order as hereby proposed to be amended as follows:
The provisions of the proposed marketing order amending the Order
contained in the proposed rule issued by the Administrator and
published in the Federal Register (88 FR 84075) on December 4, 2023,
will be and are the
[[Page 47506]]
terms and provisions of this order amending the Order and are set forth
in full herein.
List of Subjects in 7 CFR Part 930
Cherries, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 7 CFR part 930 as follows:
PART 930--TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK,
PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN.
0
1. The authority citation for 7 CFR part 930 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Amend Sec. 930.20 by:
0
a. Revising paragraph (b) introductory text and paragraph (f);
0
b. Redesignating paragraphs (g), (h), and (i), as paragraphs (i), (j),
and (k); and
0
c. Adding new paragraphs (g) and (h).
The revisions and the additions read as follows:
Sec. 930.20 Establishment and membership.
* * * * *
(b) District representation on the Board shall be based upon the
maximum volume of production in the most recent five harvests in the
district and shall be established as follows:
* * * * *
(f) If the maximum production for the most recent five harvests in
a district changes so that a different number of seats should be
allocated to the district, then the Board will be reestablished by the
Secretary and such seats will be filled according to the applicable
provisions of this part. Each district's maximum production for the
five most recent harvests shall be determined every five years and as
soon as possible after the most recent year's production is known.
(g) In the event of substantial changes within a district that
require reconsideration of the number of seats allocated to the
district, the Board may recommend, and pursuant thereto, the Secretary
may approve, allocation of a different number of seats to the district.
In making any such recommendation, the Board shall consider:
(1) Shifts in tart cherry acreage and/or the number of bearing
trees within districts and within the production area during recent
years;
(2) The volume of tart cherries produced in the district;
(3) The importance of either increased or decreased production in
its relation to existing districts;
(4) The equitable relationship of Board membership and districts;
(5) Economies to result for producers in promoting efficient
administration of the Board due to reapportionments;
(6) Other relevant factors.
(h) No change in the allocated number of seats for district(s) may
become effective less than 30 days prior to the date on which terms of
office begin each year and no recommendation for a change in allocated
seats may be made less than six months prior to such date.
* * * * *
0
3. Revise Sec. 930.22 to read as follows:
Sec. 930.22 Term of office.
The term of office of each member and alternate member of the Board
shall be for three years beginning on June 1 of the year when appointed
and ending on May 31 three years later: Provided that, of the nine
initial members and alternates from the combination of Districts 1, 2
and 3, one-third of such initial members and alternates shall serve
only one year, one-third of such members and alternates shall serve
only two years, and one-third of such members and alternates shall
serve three years; and one-half of the initial members and alternates
from Districts 4 and 7 shall serve only one year, and one-half of such
initial members and alternates shall serve two years (determination of
which of the initial members and their alternates shall serve for one,
two, or three years shall be by lot). Members and alternate members
shall serve in such capacity for the portion of the term of office for
which they are selected and have qualified until their respective
successors are selected, have qualified, and are appointed. The
consecutive terms of office of grower, handler and public members and
alternate members shall be limited to two 3-year terms, excluding any
initial term lasting less than three years. The term of office of a
member and alternate member for the same seat shall be the same. The
term of office specified in this section will become effective for all
members, including members whose terms are not expiring, upon the first
nomination cycle following the effectiveness of the final rule
establishing this new term of office.
The Board, with the approval of the Secretary, may establish rules
and regulations necessary and incidental to the administration of this
section.
0
4. Amend Sec. 930.23 by revising paragraphs (b)(2), (3), (4), (7) and
paragraph (c)(3)(ii) to read as follows:
Sec. 930.23 Nomination and election.
* * * * *
(b) * * *
(2) In order for the name of a handler nominee to appear on an
election ballot, the nominee's name must be submitted with a petition
form, to be supplied by the Secretary or the Board, which contains the
signature of one or more handler(s), other than the nominee, from the
nominee's district who is or are eligible to vote in the election and
that handle(s) a combined total of no less than five percent (5%) of
the previous three-year average production handled in the district.
Provided, that this requirement shall not apply if its application
would result in a sales constituency conflict as provided in Sec.
930.20(i). The requirement that the petition form be signed by a
handler other than the nominee shall not apply in any district where
fewer than two handlers are eligible to vote.
(3) Only growers, including duly authorized officers or employees
of growers, who are eligible to serve as grower members of the Board
shall participate in the nomination of grower members and alternate
grower members of the Board. No grower shall participate in the
submission of nominees in more than one district during any nomination
cycle. If a grower produces cherries in more than one district, that
grower may select in which district he or she wishes to participate in
the nominations and election process and shall notify the Secretary or
the Board of such selection. A grower may not participate in the
nomination process in one district and the election process in a second
district in the same election cycle. A grower's sales constituency is
determined by the common marketing organization or brokerage firm or
individual representing a group of handlers and growers that purchased
the majority of pounds of the grower's fruit in a given year. For the
duration of a grower's term on the Board, the sales constituency
affiliation for said grower will be the affiliation at the time of
their nomination and will be based on the most recently harvested crop
at that time.
(4) Only handlers, including duly authorized officers or employees
of handlers, who are eligible to serve as handler members of the Board
shall participate in the nomination of handler members and alternate
handler members of the Board. No handler shall participate in the
selection of nominees in more than one district during any
[[Page 47507]]
nomination cycle. If a handler handles cherries in more than one
district, that handler may select in which district he or she wishes to
participate in the nominations and election process and shall notify
the Secretary or the Board of such selection. A handler may not
participate in the nominations process in one district and the
elections process in a second district in the same election cycle. If a
person is a grower and a grower-handler only because some or all of his
or her cherries were custom packed, but he or she does not own or lease
and operate a processing facility, such person may vote only as a
grower. For the duration of a handler's term on the Board, the sales
constituency affiliation for said handler will be the affiliation at
the time of nomination.
* * * * *
(7) After the appointment of the initial Board, the Secretary or
the Board shall announce at least 180 days in advance when a Board
member's term is expiring and shall solicit nominations for that
position in the manner described in this section. Nominations for such
position should be submitted to the Secretary or the Board not less
than 60 days prior to the expiration of such term.
(c) * * *
(3) * * *
(ii) To be seated as a handler representative in any district, the
successful candidate must receive the support of handler(s) that
handled a combined total of no less than five percent (5%) of the
previous three-year average production handled in the district;
Provided, that this paragraph shall not apply if its application would
result in a sales constituency conflict as provided in Sec. 930.20(i).
* * * * *
0
5. Revise Sec. 930.28 to read as follows:
Sec. 930.28 Alternate members.
(a) An alternate member of the Board, during the absence of the
member for whom that member serves as an alternate, shall act in the
place and stead of such member and perform such other duties as
assigned. However, if a member is in attendance at a meeting of the
Board, an alternate member may not act in the place and stead of such
member. In the event a member and his or her alternate are absent from
a meeting of the Board, such member may designate, in writing and prior
to the meeting, another alternate to act in his or her place: Provided,
that such alternate represents the same group (grower or handler) as
the member and is not from the same sales constituency as another
acting member or acting alternate member in that district. In the event
of the death, removal, resignation or disqualification of a member, the
alternate shall act for the member until a successor is appointed and
has qualified.
(b) Alternate members may be from the same sales constituency as
the member for whom they serve as an alternate. In the event a member
and his or her alternate are absent from a meeting of the Board,
another alternate may act for the member following the requirements of
Sec. 930.28(a), provided this does not create a sales constituency
conflict with the other members of that district.
(c) The Board, with the approval of the Secretary, may establish
rules and regulations necessary and incidental to the administration of
this section.
0
6. Amend Sec. 930.52 by revising paragraphs (a) and (d) to read as
follows:
Sec. 930.52 Establishment of districts subject to volume regulations.
(a) The districts in which handlers shall be subject to any volume
regulations implemented in accordance with this part shall be those
districts in which the average annual production of cherries over the
prior 5 years has exceeded 6 million pounds. Handlers shall become
subject to volume regulation implemented in accordance with this part
in the crop year that follows any 5-year period in which the 6-million-
pound average production requirement is exceeded in that district.
* * * * *
(d) Any district producing a crop which is less than 50 percent of
the average annual production in that district in the previous 5 years
would be exempt from any volume regulation if, in that year, a
restricted percentage is established.
* * * * *
Sec. 930.62 [Amended]
0
7. Amend Sec. 930.62 by removing in the introductory text of paragraph
(a) the text ``Sec. 940.51'' and adding in its place the text ``Sec.
930.51''.
Erin Morris,
Administrator. Agricultural Marketing Service.
[FR Doc. 2025-19274 Filed 10-1-25; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 2, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.