Rule2026-04584
Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements
Primary source
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Published
March 9, 2026
Effective
April 8, 2026
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This final rule implements a recommendation from the Avocado Administrative Committee (Committee) to change the maturity requirements under the marketing order for avocados grown in South Florida. This action updates the avocado maturity shipping schedule to allow certain sizes and weights of the Beta avocado variety to be shipped earlier than is currently allowed. This action also makes a corresponding change to the avocado import regulation, as required under the Agricultural Marketing Agreement Act of 1937.
Full Text
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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)]
[Rules and Regulations]
[Pages 11131-11134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04584]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 915 and 944
[Doc. No. AMS-SC-23-0084]
Avocados Grown in South Florida and Imported Avocados; Change in
Maturity Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule implements a recommendation from the Avocado
Administrative Committee (Committee) to change the maturity
requirements under the marketing order for avocados grown in South
Florida. This action updates the avocado maturity shipping schedule to
allow certain sizes and weights of the Beta avocado variety to be
shipped earlier than is currently allowed. This action also makes a
corresponding change to the avocado import regulation, as required
under the Agricultural Marketing Agreement Act of 1937.
DATES: Effective April 8, 2026.
FOR FURTHER INFORMATION CONTACT: Steven Kauffman, Marketing Specialist,
or Christian D. Nissen, Chief, Southeast Region Branch, Market
Development Division, Specialty Crops Program, AMS, USDA; Telephone:
(863) 324-3375, Fax: (863) 291-8614, or Email: <a href="/cdn-cgi/l/email-protection#b5e6c1d0c3d0db9bfed4c0d3d3d8d4dbf5c0c6d1d49bd2dac3"><span class="__cf_email__" data-cfemail="5407203122313a7a1f3521323239353a14212730357a333b22">[email protected]</span></a>
or <a href="/cdn-cgi/l/email-protection#c784afb5aeb4b3aea6a9e989aeb4b4a2a987b2b4a3a6e9a0a8b1"><span class="__cf_email__" data-cfemail="97d4ffe5fee4e3fef6f9b9d9fee4e4f2f9d7e2e4f3f6b9f0f8e1">[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.
915, as amended (7 CFR part 915), regulating the handling of avocados
grown in South Florida. Part 915 (the Order) is effective under the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674) (the Act). The Committee locally administers the Order and is
comprised of growers and handlers of avocados operating within the
production area, and a public member.
This final rule is also issued under section 8e of the Act (7
U.S.C. 608e-1), which provides that whenever certain specified
commodities, including avocados, are regulated under a Federal
marketing order, imports of these commodities into the United States
are prohibited unless they meet the same or comparable grade, size,
quality, or maturity requirements as those in effect for domestically
produced commodities.
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. 915, as amended (7 CFR part 915),
Avocados Grown in South Florida, and is necessary for the continued
operation of Marketing Order No. 915. Additionally, this action is
exempt from the requirements of Executive Order 14192, ``Unleashing
Prosperity Through Deregulation,'' pursuant to section 5(c).
This final 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. AMS has determined that this rule is
unlikely to
[[Page 11132]]
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.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with 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.
Such 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 not later than 20 days after the date of
the entry of the ruling.
There are no administrative procedures that must be exhausted prior
to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
This final rule changes the maturity requirements prescribed under
the Order. This action updates the avocado maturity shipping schedule
to allow certain sizes and weights of the Beta avocado variety to be
shipped to the fresh market earlier than previously allowable. With
this change, the maturity schedule better reflects the current maturity
rate for the Beta variety, facilitating the shipment of this variety as
it matures. This action was unanimously recommended by the Committee at
its August 9, 2023, meeting.
Section 915.51 of the Order provides, in part, authority to
establish maturity requirements for avocados. Section 915.52 of the
Order provides authority for the modification, suspension, or
termination of established regulations. Section 915.332 of the Order's
rules and regulations establishes the maturity requirements for
avocados grown in Florida. These requirements are specified in table I
of Sec. 915.332(a) and establish minimum weights and diameters to
delineate specific shipping time frames for avocados shipped under the
Order. Maturity requirements for avocados imported into the United
States are currently in effect under Sec. 944.31.
The maturity requirements are designed to prevent the shipment of
immature avocados and to include the annual shipping schedule to help
ensure only mature fruit reaches the market. This helps to provide
buyer confidence and consumer satisfaction, essential for the
successful marketing of the crop. Avocado varieties mature at different
times, and varieties can vary considerably in terms of size and weight.
The maturity requirements for the various varieties of avocados are
different, as each variety has different growing and maturation
characteristics. These maturity dates and requirements are established
based on a testing procedure developed in conjunction with USDA.
The shipping schedule in table I specifies the individual maturity
requirements for the numerous avocado varieties shipped each season. As
larger fruit within a variety matures earliest, the schedule makes the
larger sized fruit available for market first, followed by other dates
to incrementally release smaller sizes for shipment as they mature. As
such, the maturity schedule is usually divided into A, B, C, and D
dates, which are associated with specific weights and sizes reflecting
when a particular variety matures.
Avocados may not be shipped until the earliest date, the A date,
specified for that variety on the shipping schedule so that only mature
fruits are available for market for each variety early in its season.
The D date marks the end of a variety's season when all fruit of that
variety should be mature and releases all sizes and weights for
shipment.
The Committee staff regularly tests the maturity level of different
varieties based on reported changes in maturity. The Committee also has
a maturity subcommittee that reviews this, other information, and
trends in maturity. Using this information, this subcommittee
recommends which varieties may need to be tested to see if adjustments
need to be made to the dates on the maturity schedule. The subcommittee
heard from growers that the Beta variety was maturing ahead of the
established schedule and recommended to the full Committee that the
Beta variety be tested for changes in maturity. At the direction of the
Committee, Committee staff began sampling the Beta variety across
different farms and testing the level of maturity.
After three years of testing, the Committee staff provided the
subcommittee with the maturity data they had collected. Based on their
review of the data, the subcommittee agreed the fruit was maturing
before the current shipping dates. They reported to the full Committee
that due to changes in growing conditions and practices the Beta
variety was maturing earlier than the dates in the schedule.
The Committee met on August 9, 2023, and reviewed the report from
the subcommittee. The subcommittee recommended, and the full Committee
agreed, that the A, B, C, and D dates for the Beta variety should each
be moved up two weeks. The Committee concluded these revised dates
would better reflect the current maturity rate for the Beta variety.
The Committee believes this change will allow growers to send mature
quality fruit of this variety to the market earlier. It should also
reduce limb breakage and fruit loss by enabling timely harvesting,
allowing the larger, heavier fruit to be removed from the tree sooner.
Consequently, the Committee unanimously approved this recommendation.
This final rule changes the A date for the Beta variety listed on
the maturity schedule from August 8 to July 25, the B date from August
15 to August 1, the C date from August 29 to August 15, and the D date
from September 5 to August 22. The corresponding sizes and weights
associated with these dates will remain unchanged. The dates on the
maturity schedule are the basis for calculating the actual shipping
dates (A, B, C, D dates) for each individual season. The actual
shipping dates for an individual year are established as the Monday
nearest to the date listed in the maturity schedule as specified in
Sec. 915.332.
Section 8e of the Act (7 U.S.C. 608e-1) provides that when certain
domestically produced commodities, including avocados, are regulated
under a Federal marketing order, imports of that commodity must meet
the same or comparable grade, size, quality, and maturity requirements.
Maturity requirements for avocados imported into the United States are
currently in effect under Sec. 944.31. As this rule revises the
maturity requirements for the Beta variety under the domestic handling
regulations, a corresponding change to the import regulations is also
being made.
This action updates the avocado maturity shipping schedule to allow
certain sizes and weights of the Beta avocado variety to be shipped to
the fresh market up to two weeks earlier than presently allowed. This
change should facilitate moving mature fruit to the market, benefiting
domestic growers and handlers as well as importers. This change only
impacts the maturity requirements under the Order and the
[[Page 11133]]
import regulation and makes no change to the current grade
requirements.
The Hass, Fuerte, Zutano, and Edranol varieties of avocados are
currently exempt from the maturity requirements under the Order and the
import regulation and continue to be exempt under this rule. However,
these varieties are not exempt from the grade regulations specified
under the Order and import regulation, which are not being changed by
this action.
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 rule 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, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are 201 growers of Florida avocados in the production area
and 21 handlers subject to regulation under the Order. The Small
Business Administration (SBA) defines small agricultural growers as
those having annual receipts of no more than $3,500,000 for Other
Noncitrus Fruit Farming (NAICS code 111339), and small agricultural
service firms, including handlers, are defined as those whose annual
receipts are no more than $34,000,000 for Postharvest Crop Activities
(NAICS code 115114) (13 CFR 121.201).
According to the National Agricultural Statistical Service (NASS),
the average grower price paid for Florida avocados in 2022 was $22.00
per 55-pound bushel container. Utilized production was equivalent to
648,727 55-pound bushels for a total value of $14,272,000 ($22.00
multiplied by 648,727 55-pound bushels equals $14,272,000). Dividing
the crop value by the estimated number of growers yields an estimated
average receipt per grower of $71,005 ($14,272,000 divided by 201), so
the majority of growers would have annual receipts of less than
$3,500,000.
USDA Market News reported average shipping point prices for green
skinned avocados were $57.29 per 55-pound bushel equivalent in October
of 2022. Using this price and the total utilization, the total 2022
handler crop value is estimated at $37,165,570 ($57.29 multiplied by
648,727 55-pound bushels equals $37,165,570). Dividing this figure by
the number of handlers yields estimated average annual handler receipts
of $1,769,790 ($37,165,570 divided by 21), which is below the SBA
threshold for small agricultural service firms.
In 2022, the Dominican Republic, Peru, Columbia, Mexico, and
Jamaica were the major countries exporting avocado varieties other than
Hass to the United States. In 2020, shipments of these types of
avocados imported into the United States totaled around 33,454 metric
tons. Of that amount, about 33,075 metric tons were imported from the
Dominican Republic. Information from USDA's Global Agricultural Trade
System database indicates the dollar value of these avocados to be
approximately $48,386,000. There are approximately 20 importers of
green skin avocados. Using the total value and the number of importers,
the average importer would have annual receipts of less than $34
million.
Based on these estimates, the majority of Florida avocado producers
and handlers, and importers may be classified as small entities.
This rule updates the avocado maturity shipping schedule in Sec.
915.332 to allow certain sizes and weights of the Beta avocado variety
to be shipped to the fresh market up to two weeks earlier than is
presently allowed. With this change, the maturity schedule will better
reflect the current maturity rate for the Beta variety, facilitating
the shipment of this variety as it matures, which should benefit
growers, handlers, importers, and consumers. The change is authorized
by section 8c(17)(E) of the Act (7 U.S.C. 608c(17)(E)) and Sec. Sec.
915.51 and 915.52 of the Order. This rule also makes a corresponding
change to Sec. 944.31 of the import regulations, as required by
section 8e of the Act (7 U.S.C. 608e-1). This rule does not make any
changes to the current grade requirements.
This action is not expected to increase the costs associated with
the Order's requirements or the avocado import regulation. Rather, it
is anticipated that this action will have a beneficial impact. Based on
three seasons of maturity testing, the Committee recommended moving the
A, B, C, and D dates on the maturity schedule forward two weeks for the
Beta variety, allowing the associated sizes and weights to be shipped
to the fresh market earlier. The revised dates better reflect the
current maturity rate for the Beta variety and will facilitate the
shipment of this variety as it matures, while continuing to ensure that
only mature fruit is shipped to the fresh market. It will also help
reduce limb breakage and fruit loss and their associated costs by
enabling timely harvesting, allowing the bigger, heavier fruit to be
removed from the tree sooner. The benefits of this rule are expected to
be equally available to all fresh avocado growers, handlers, and
importers, regardless of their size.
One alternative to this action would be to maintain the current
maturity requirements for the Beta variety. However, the Committee
recognized that growing conditions and practices have changed over the
years and the data indicates this fruit is maturing ahead of the
current dates on the schedule. The Committee believes establishing the
changes in this rule, rather than the alternative, will reflect current
maturation and help ensure a quality product reaches consumers.
Therefore, the Committee rejected this alternative.
The Committee's meetings are widely publicized throughout the
Florida avocado industry and all interested persons are invited to
attend the meetings and participate in Committee deliberations on all
issues. Like all Committee meetings, the August 9, 2023, meeting was a
public meeting and all entities, both large and small, were able to
express views on this issue. Finally, interested persons were invited
to submit comments on the proposed rulemaking, including the regulatory
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 OMB and assigned OMB No. 0581-0189, ``Fruit
Crops.'' No changes in those requirements will be necessary as a result
of this rule. Should any changes become necessary, they would be
submitted to OMB for approval.
This rule imposes no additional reporting or recordkeeping
requirements on either small or large Florida avocado 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.
[[Page 11134]]
AMS has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this final rule.
A proposed rulemaking concerning this action was published in the
Federal Register on September 20, 2024 (89 FR 77037). Copies of the
proposed rulemaking were sent via mail or email to avocado industry
members. The proposal was made available through the internet by USDA
and the Office of the Federal Register. A 60-day comment period ending
November 19, 2024, was provided for interested persons to respond to
the proposal.
AMS received a total of seven comments during the comment period.
Six comments supported the proposed change to the maturity requirements
and one did not address the merits of the rule, while still being
neutral on the change itself.
Two comments in support of the change to the maturity dates noted
that the change will be beneficial to consumers. Four agreed that
updating the schedule will provide flexibility to the industry to meet
market demand. Two stated that holding avocados past maturity could
increase spoilage, resulting in fewer avocados available and
potentially raising prices.
One comment failed to address the merits of the proposed rule by
suggesting an alternative method for determining all maturity dates: a
recursive model based on weather factors. This comment did not state a
position on the proposed changes to the Beta variety dates.
Accordingly, AMS made no changes to the rule based on the comments
received.
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 rule is
consistent with and will effectuate the purposes of the Act.
In accordance with section 8e of the Act (7 U.S.C. 608e-1), the
United States Trade Representative has concurred with the issuance of
this rule.
List of Subjects
7 CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges, Plums, Prunes.
For the reasons set forth in the preamble, the Agricultural
Marketing Service amends 7 CFR parts 915 and 944 as follows:
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
0
1. The authority citation for 7 CFR part 915 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. In Sec. 915.332, in paragraph (a)(2), table I is amended by
revising the entry for ``Beta'' to read as follows:
Sec. 915.332 Florida avocado maturity regulation.
(a) * * *
(2) * * *
Table I
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Variety A date Min. wt. Min. diam. B date Min. wt. Min. diam. C date Min. wt. Min. diam. D date
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* * * * * * *
Beta.............................................................. 7-25 18 38/16 8-01 16 35/16 8-15 14 33/16 8-22
* * * * * * *
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* * * * *
PART 944--FRUITS; IMPORT REGULATIONS
0
3. The authority citation for 7 CFR part 944 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
4. In Sec. 944.31, in paragraph (a)(2), table I is amended by revising
the entry for ``Beta'' to read as follows:
Sec. 944.31 Avocado import maturity regulation.
(a) * * *
(2) * * *
Table I
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Variety A date Min. wt. Min. diam. B date Min. wt. Min. diam. C date Min. wt. Min. diam. D date
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* * * * * * *
Beta.............................................................. 7-25 18 38/16 8-01 16 35/16 8-15 14 33/16 8-22
* * * * * * *
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* * * * *
Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2026-04584 Filed 3-6-26; 8:45 am]
BILLING CODE P
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