Proposed Rule2026-04571
Sweet Cherries Grown in Designated Counties in Washington; Modification of Handling Regulations
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Published
March 9, 2026
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This proposed rule would implement a recommendation from the Washington Cherry Marketing Committee (Committee) to update the handling regulations for sweet cherries grown in designated counties in Washington. The Committee's proposal seeks to increase the minimum size requirements for all sweet cherry varieties, except the Rainier, Royal Anne, and similar varieties, commonly referred to as "light sweet cherries." In addition, the proposal would remove one row count/row size designation, add two new row count/row size designations, and revise the title of the Marketing Order's pack requirements table.
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<title>Federal Register, Volume 91 Issue 45 (Monday, March 9, 2026)</title>
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[Federal Register Volume 91, Number 45 (Monday, March 9, 2026)]
[Proposed Rules]
[Pages 11181-11184]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04571]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 923
[Doc. No. AMS-SC-25-0617]
Sweet Cherries Grown in Designated Counties in Washington;
Modification of Handling Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would implement a recommendation from the
Washington Cherry Marketing Committee (Committee) to update the
handling regulations for sweet cherries grown in designated counties in
Washington. The Committee's proposal seeks to increase the minimum size
requirements for all sweet cherry varieties, except the Rainier, Royal
Anne, and similar varieties, commonly referred to as ``light sweet
cherries.'' In addition, the proposal would remove one row count/row
size designation, add two new row count/row size designations, and
revise the title of the Marketing Order's pack requirements table.
DATES: Comments must be received by April 8, 2026.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments can be sent to the Docket
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237.
Comments can also be sent to the Docket Clerk electronically by email:
<a href="/cdn-cgi/l/email-protection#fab79b88919f8e93949db5889e9f88b99597979f948eba8f899e9bd49d958c"><span class="__cf_email__" data-cfemail="9ad7fbe8f1ffeef3f4fdd5e8feffe8d9f5f7f7fff4eedaefe9fefbb4fdf5ec">[email protected]</span></a> or via the internet at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments should reference the document number and
the date and page number of this issue of the Federal Register.
Comments submitted in response to this proposed rule will be included
in the record and will be made available to the public and can be
viewed at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please be advised that comments
are posted to <a href="http://regulations.gov">regulations.gov</a> without change.
FOR FURTHER INFORMATION CONTACT: Virginia Tjemsland, Marketing
Specialist, or Barry Broadbent, Chief, Northwest Region Branch, Market
Development Division, Specialty Crops Program, AMS, USDA; telephone:
(503) 326-2724; or email: <a href="/cdn-cgi/l/email-protection#e4b28d96838d8a8d85caa8cab08e81899788858a80a491978085ca838b92"><span class="__cf_email__" data-cfemail="a2f4cbd0c5cbcccbc38cee8cf6c8c7cfd1cec3ccc6e2d7d1c6c38cc5cdd4">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#2163405353580f63534e404543444f5561545245400f464e57"><span class="__cf_email__" data-cfemail="c785a6b5b5bee985b5a8a6a3a5a2a9b387b2b4a3a6e9a0a8b1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This proposed rule is issued under the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674) (the Act), and Marketing Order No. 923 (7 CFR part 923) (the
Order), which regulates the handling of sweet cherries grown in
designated counties of Washington. The Committee locally administers
the Order and is comprised of growers and handlers of sweet cherries
operating within the production area.
This action is exempt from the Office of Management and Budget
(OMB) review process required by Executive Order 12866. This rule
amends existing Marketing Order No. 923, as amended (7 CFR part 923),
Sweet Cherries Grown in Designated Counties in Washington, and is
necessary for the continued operation of Marketing Order No. 923.
Additionally, this action is exempt from the requirements of Executive
Order 14192, ``Unleashing Prosperity Through Deregulation,'' pursuant
to section 5(c).
This proposed rule has been reviewed under Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments,'' which
requires Federal agencies to consider whether their rulemaking actions
would have Tribal implications. The Agricultural Marketing Service
(AMS) has determined this proposed 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 proposed rule has been reviewed under Executive Order 12988,
``Civil Justice Reform.'' This proposed rule is not intended to have a
retroactive effect.
Under the Order, sweet cherries produced in designated counties in
Washington are required to be inspected and are subject to grade, size,
quality, maturity, pack, and container requirements. This proposed rule
would increase the minimum size requirements for all sweet cherry
varieties, except the Rainier, Royal Anne, and similar varieties,
commonly referred to as ``light sweet cherries.'' In addition, the
proposal would remove one row count/row size designation and add two
new row count/row size designations to the Order's pack requirements.
Section 923.51 of the Order authorizes the Committee to recommend
handling regulations to the Secretary. Section 923.52 of the Order
authorizes the Secretary to establish such handling regulations.
Further, Sec. 923.53 authorizes the Committee to recommend the
modification, suspension, or termination of handling regulations when
it finds that industry conditions so dictate. Section 923.322
establishes the minimum grade, size, quality, maturity, pack, and
container requirements for sweet cherries handled subject to the Order.
Section 923.322(b) establishes the Order's minimum size requirements
and Sec. 923.322(d) details the Order's pack requirements. Section
[[Page 11182]]
923.322(d)(1) includes a table that specifies the allowable row count/
row size designations and the corresponding allowable size variation
tolerance.
Pursuant to 7 CFR 923.53, the Committee determined that the
production and marketing conditions of Washington sweet cherries have
changed and that the Order's handling regulations should be modified
accordingly. The Committee met on May 22, 2024, and recommended, with a
vote of nine in favor, three opposed, and one abstention, modifying the
Order's handling regulations by increasing the minimum size
requirements for all cherries, except cherries of the Rainier, Royal
Anne, and other similar ``light sweet cherries,'' in Sec.
923.322(b)(2). Later, the Committee met again on August 27, 2025, and
unanimously recommended, with a vote of 12 in favor and none opposed,
modifying the Order's pack requirements in Sec. 923.322(d)(1). The
Committee recommended these changes to allow the industry to maximize
market returns and facilitate access to crop insurance for growers,
when necessary.
Currently, the size requirements in the Order's handling
regulations require that at least 90 percent of all sweet cherries,
except the Rainier, Royal Anne, and other similar ``light sweet
cherries,'' be a minimum size of \54/64\ inch in diameter and not more
than 5 percent, by count, may be less than \52/64\ inch in diameter. In
addition, under the Order's pack requirements, the current minimum row
count/row size designation is a 12-row, with at least 90 percent, by
count, not smaller than \54/64\ inch in diameter. The largest defined
row count/row size designation is an 8-row, with at least 90 percent,
by count, not smaller than \84/64\ inch in diameter. Because there is
no maximum size requirement defined by the Order's handling
regulations, cherries larger than \84/64\ inches in diameter are all
currently designated as 8-row size/row count. For context, higher
number row count/row size designations correlate to smaller fruit and
lower number row count/row size designations correlate to larger size
fruit.
The Committee held two public meetings on May 22, 2024, and August
27, 2025, to consider changes to the Order's handling regulations. At
its meeting on May 22, 2024, the Committee recommended, with a vote of
nine in favor, three opposed, and one in abstention, modifying the
Order's handling regulations by increasing the minimum size
requirements for all cherries, except cherries of the Rainier, Royal
Anne, and other similar ``light sweet cherries,'' from \54/64\ inch in
diameter (12-row count/row size designation) to \57/64\ inch in
diameter (11\1/2\-row count/row size designation). Under the proposed
change, at least 90 percent, by count, of cherries in any lot would be
required to measure not less than \57/64\ inch in diameter, and not
more than 5 percent, by count, could measure less than \54/64\ inch in
diameter. Additionally, the Committee recommended eliminating the 12-
row count/row size designation from the table in the Order's pack
requirements to conform with the proposed minimum size requirement
increase to \57/64\ inch in diameter (11\1/2\-row count/row size). The
three members opposed did not believe the recommendation would be good
for industry and would limit growers' ability to market all their
fruit, as in some very specific circumstances, 12-row count/row size
designated sweet cherries can be marketed. The abstaining member wanted
additional time to consider the recommendation.
According to the Committee, small size cherries ranging from \54/
64\ to \57/64\ inch in diameter (12-row count/row size) account for
approximately 1 to 2 percent of the Washington sweet cherry market
annually. In addition to making up a very small percentage of sweet
cherry volume, small size cherries usually command a lower market
price, which can create competition with the larger size fruit which is
also produced within the production area. Further, during difficult
crop years when weather events adversely impact yield and fruit size,
growers are often required to pick and deliver their 12-row count/row
size cherries to handlers to qualify for crop insurance coverage, even
if picking the smaller size cherries is not economically viable. This
is because crop insurance adjustors typically require harvesting all
``marketable'' fruit prior to submission of a crop insurance claim,
even though the smaller size cherries have little market value to the
grower or the handler. For these reasons, the Committee believes that
increasing the minimum size requirement to \57/64\ inch in diameter and
eliminating the corresponding 12-row count/row size designation in the
Order's pack requirements would be beneficial to the industry by
preventing low value, small size cherries from competing in the market
against larger, more valuable fruit, and by reducing crop insurance
barriers for growers following weather-induced crop losses.
At its public meeting on August 27, 2025, the Committee
recommended, with a vote of 12 in favor and none opposed, to further
modify the Order's handling regulations by adding two new row count/row
size designations to the Order's pack requirements. The proposal would
add a 7\1/2\-row count/row size designation, with a minimum \88/64\
inch diameter, and a 7-row count/row size designation, with a minimum
\92/64 \inch diameter. Currently, 8-row count/row size (minimum \84/64\
inches in diameter) and larger sweet cherries are marketed without
further size definition, making it difficult for industry to
differentiate and capitalize on the larger size fruit. The Committee
believes that adding the two larger size designations will benefit
growers and handlers of larger size sweet cherries and facilitate
industry's desire to market larger size cherries in export markets at
premium prices.
Therefore, this proposed rule would amend the size requirements in
Sec. 923.322(b)(2) by increasing the minimum size requirement from
\54/64\ inch in diameter to \57/64\ inch in diameter. Under the
proposal, at least 90 percent, by count, of cherries in any lot would
be required to measure not less than \57/64\ inch in diameter, and not
more than 5 percent, by count, could measure less than \54/64\ inch in
diameter. Further, this proposed rule would amend the table in 7 CFR
923.322(d)(1) by removing the 12-row count/row size designation in
Column 1, as well as the corresponding minimum \54/64\ inch in diameter
from same row in Column 2. The proposal would also add two new row
count/row size designations to the table: a 7\1/2\-row count/row size
in Column 1, with a corresponding minimum \88/64\ inch diameter in
Column 2, and a 7-row count/row size in Column 1, with a corresponding
minimum \92/64\ inch diameter in Column 2. Lastly, this proposed rule
will make a technical amendment to revise the title of the table to
``Table 1 to paragraph (d)(1)''. The proposed changes in the Order's
handling regulations are expected to benefit growers, handlers, and
consumers of Washington sweet cherries.
Initial 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 proposed rule on small entities. Accordingly, AMS has prepared
this initial 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, and the rules issued thereunder, are unique in
that they are brought about
[[Page 11183]]
through group action of typically small entities acting on their own
behalf.
There are approximately 1,350 sweet cherry growers in the
production area and approximately 35 handlers subject to regulation
under the Order. At the time this analysis was prepared, the Small
Business Administration (SBA) defined small agricultural producers as
those having annual receipts equal to or less than $3,500,000 (NAICS
code 111339, Other Noncitrus Fruit Farming). Small agricultural service
firms, which include sweet cherry handlers, were defined by the SBA as
those having annual receipts equal to or less than $34,000,000 (NAICS
code 115114, Postharvest Crop Activities) (13 CFR 121.201).
Based on data from the National Agricultural Statistics Service
(NASS) and the Committee, the reported average price growers received
for Washington sweet cherries during the 2024-2025 fiscal year was
approximately $1.08 per pound. Using the average grower price, shipment
information, and the number of growers, and assuming a normal
distribution, the majority of growers have estimated average annual
receipts of significantly less than $3,500,000 ($1.08 multiplied by
404,000,000 pounds equals $436,320,000, divided by 1,350 growers equals
$323,200 per grower). Thus, the majority of growers may be classified
as small entities.
According to data from Market News and production records from the
Committee, the average price of Washington sweet cherries handled
during the 2024-2025 fiscal year was approximately $3.17 per pound,
with total shipments of around 404,000,000 pounds. Based on the average
terminal market price, shipment information, and the number of
handlers, and assuming a normal distribution, the majority of
Washington sweet cherry handlers have estimated average annual receipts
of more than $34,000,000 ($3.17 multiplied by 404,000,000 pounds equals
$1,280,680,000 divided by 35 handlers equals $36,590,857 per handler).
Thus, the majority of handlers may be classified as large entities.
This proposed rule would increase the minimum size requirements in
the Order's handling regulation for all varieties, other than Rainier,
Royal Anne, and other similar ``light sweet cherries,'' from \54/64\
inch in diameter to \57/64\ inch in diameter. Under the proposed
change, at least 90 percent, by count, of cherries in any lot would be
required to measure not less than \57/64\ inch in diameter, and not
more than 5 percent, by count, could measure less than \54/64\ inch in
diameter. Additionally, the proposal would modify the table in the
Order's pack requirements by eliminating the 12-row count/row size
designation, which corresponds to a minimum diameter of \54/64\ inches,
and by adding a 7\1/2\-row count/row size designation (\88/64\ inches
in diameter) and a 7-row count/row size designation (\92/64\ inches in
diameter). Under the proposed rule, the minimum row count/row size
designation would be 11\1/2\, with a corresponding minimum diameter of
\57/64\ inches.
At its May 22, 2024, meeting, the Committee voted nine in favor,
three opposed, and one in abstention, to recommend changes to the
Order's minimum size and pack requirements. The Committee stated that
12-row (\54/64\ inch in diameter) cherries regularly make up only 1 to
2 percent of the market and are not readily accepted by wholesale
buyers, nor do handlers often choose to pack and market such small
cherries. The Committee further indicated that in years of weather-
induced crop failure or yield reductions, crop insurance requires
growers to harvest and deliver all the cherries produced, even if
handlers would prefer that growers forgo delivery of small size fruit
and growers would prefer to avoid the expense and burden of harvesting
such small size fruit. With this proposed rule, sweet cherry growers
would be able to harvest fruit that is more readily accepted by
handlers and successfully market such fruit to consumers. The proposed
rule would also facilitate growers' use of crop insurance in years when
the industry experiences a crop failure.
At its August 27, 2025, meeting, the Committee voted, 12 in favor
and none opposed, to add a 7\1/2\-row count/row size designation (\88/
64\ inches in diameter) and a 7-row count/row size designation (\92/64\
inches in diameter) to the table in the Order's pack requirements. The
Committee believes that adding these size designations will allow the
industry to differentiate markets and facilitate marketing large size,
premium sweet cherries.
This proposed rule would not impose any additional costs to
industry. It is not expected to have a significant impact positively or
negatively on the revenue of handlers or growers of Washington sweet
cherries as the quantity of small, 12-row size fruit produced is very
small, the market currently does not readily accept 12-row size sweet
cherries, and such cherries, when produced and marketed, command lower
prices than larger size fruit. The quality of sweet cherries is not
expected to be significantly affected by this proposed change, and
increasing the minimum size of marketable cherries aligns with what the
market already demands. In addition, the Order's current minimum grade
requirements would not be impacted by this proposed rule, and the
addition of the larger size designations in the Order's pack
requirements is expected to have a neutral or positive impact.
The Committee considered alternatives to the recommended changes
made at its May 2024 meeting, including taking no action and continuing
to regulate according to the requirements currently in effect under the
Order. The Committee considered increasing the minimum size requirement
to \61/64\ inch in diameter and raising the minimum row count/row size
designation to 11-row, thereby eliminating both the 12 and 11\1/2\-row
count/row size designations from the pack requirements. However, the
Committee determined that the minimum size and minimum row count/row
size designation, as proposed herein, would be in the best interest of
the growers, handlers, and consumers of Washington sweet cherries. As
such, the Committee rejected all other alternatives.
Further, the Committee also discussed alternatives to the
recommended changes made at the August 2025 meeting, including taking
no action and continuing to regulate based on the recommended proposals
presented at the May 2024 meeting. The Committee considered various
options regarding defining larger size fruit in the table in the
Order's pack requirements. However, the Committee ultimately determined
that adding two additional row count/row size designations (7\1/2\-row
(\88/64\ inch in diameter) and 7-row (\92/64\ inch in diameter)) would
be in the best interest of the growers, handlers, and consumers of
Washington sweet cherries and rejected all other alternatives.
Committee meetings are widely publicized throughout the Washington
sweet cherry industry. All interested persons are invited to attend
meetings and participate in Committee deliberations. Like all Committee
meetings, the May 22, 2024, and August 27, 2025, meetings were public
meetings and all entities, both large and small, were able to express
their views on this issue. Finally, interested persons are invited to
submit comments on this proposed rule, including the regulatory and
informational impacts of this action on small businesses.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the Order's information collection requirements have been
previously approved by the Office of
[[Page 11184]]
Management and Budget (OMB) and assigned OMB No. 0581-0189, Fruit
Crops. This proposed rule does not require changes to the current
information collection. Should any changes become necessary, they would
be submitted to OMB for approval.
This proposed rule would not impose any additional reporting or
recordkeeping requirements on either small or large sweet 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.
AMS has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this proposed rule.
After consideration of all relevant material presented, including
the information and recommendations submitted by the Committee and
other available information, AMS has determined that this proposed rule
is consistent with and would effectuate the purposes of the Act.
A 30-day comment period is provided to allow interested persons to
respond to this proposed rule. All written comments timely received
will be considered before a final determination is made on this action.
List of Subjects in 7 CFR Part 923
Cherries, Fruits, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, AMS proposes to amend 7
CFR part 923 as follows:
PART 923--SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON
0
1. The authority citation for part 923 continues to read as follows:
Authority: 7 U.S.C. 601-674.
0
2. Amend Sec. 923.322 by revising paragraph (b)(2) and, in paragraph
(d)(1), by revising the title of the table and the table itself to read
as follows:
Sec. 923.322 Washington cherry handling regulation.
* * * * *
(b) * * *
(2) For all other varieties, at least 90 percent, by count, of the
cherries in any lot shall measure not less than 57/64 inch in diameter
and not more than 5 percent, by count, may be less than 54/64 inch in
diameter.
* * * * *
(d) * * *
(1) * * *
Table 1 to Paragraph (d)(1)
------------------------------------------------------------------------
Column 2 diameter
Column 1, row count/row size (inches)
------------------------------------------------------------------------
7................................................... \92/64\
7\1/2\.............................................. \88/64\
8................................................... \84/64\
8 \1/2\............................................. \79/64\
9................................................... \75/64\
9 \1/2\............................................. \71/64\
10.................................................. \67/64\
10\1/2\............................................. \64/64\
11.................................................. \61/64\
11\1/2\............................................. \57/64\
------------------------------------------------------------------------
* * * * *
Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2026-04571 Filed 3-6-26; 8:45 am]
BILLING CODE;P
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