Proposed Rule2026-09326
Kiwifruit Grown in California; Continuance Referendum
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
May 11, 2026
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This document directs that a referendum be conducted among eligible California kiwifruit growers to determine whether they favor continuance of the marketing order regulating the handling of kiwifruit grown in California.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 90 (Monday, May 11, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 90 (Monday, May 11, 2026)]
[Proposed Rules]
[Page 25521]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09326]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 91, No. 90 / Monday, May 11, 2026 / Proposed
Rules
[[Page 25521]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Doc. No. AMS-SC-26-0100]
Kiwifruit Grown in California; Continuance Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
-----------------------------------------------------------------------
SUMMARY: This document directs that a referendum be conducted among
eligible California kiwifruit growers to determine whether they favor
continuance of the marketing order regulating the handling of kiwifruit
grown in California.
DATES: The referendum will be conducted from May 18 through June 8,
2026. Only current California kiwifruit growers who have grown
kiwifruit for the fresh market within the Order's production area
during the period of August 1, 2024, through July 31, 2025, are
eligible to vote in this referendum. Ballots delivered to AMS via U.S.
mail or electronic ballot must show proof of delivery by no later than
11:59 p.m. Eastern Time on June 8, 2026, to be included in the vote
tabulation.
ADDRESSES: Copies of the marketing order may be obtained from the
office of the referendum agents at Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 2202 Monterey Street,
Suite 102B, Fresno, CA 93721-3129, or the Docket Clerk, Market
Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237, Washington, DC 20250-0237, or
internet: <a href="https://www.ecfr.gov/current/title-7/subtitle-B/chapter-IX/part-920">https://www.ecfr.gov/current/title-7/subtitle-B/chapter-IX/part-920</a>.
FOR FURTHER INFORMATION CONTACT: Kathie Notoro, Marketing Specialist,
or Abigail Maharaj, Branch Chief, West Region Branch, Market
Development Division, Specialty Crops Program, AMS, USDA, 2202 Monterey
Street, Suite 102B, Fresno, CA 93721-3129; Telephone: (559) 487-5901,
or Email: <a href="/cdn-cgi/l/email-protection#86ede7f2eeefe3a8e8e9f2e9f4e9c6f3f5e2e7a8e1e9f0"><span class="__cf_email__" data-cfemail="7c171d0814151952121308130e133c090f181d521b130a">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#b3f2d1dad4d2dadf9dfed2dbd2c1d2d9f3c6c0d7d29dd4dcc5"><span class="__cf_email__" data-cfemail="f4b5969d93959d98dab9959c9586959eb481879095da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 920, as
amended (7 CFR part 920; the Order), and the applicable provisions of
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C.
601-674) (the Act), it is hereby directed that a referendum be
conducted to ascertain whether continuance of the Order is favored by
California kiwifruit growers. The referendum will be conducted from May
18 through June 8, 2026, among California kiwifruit growers in the
Order's production area. Only current California kiwifruit growers that
were engaged in the production of kiwifruit for the fresh market during
the period of August 1, 2024, through July 31, 2025, may participate in
the continuance referendum.
USDA has determined that continuance referenda are an effective
means for determining whether growers favor the continuation of
marketing order programs. Under Sec. 920.63(e), USDA must conduct a
referendum every six years. USDA would consider termination of the
Order if less than 50 percent of the growers voting in the referendum,
and less than 50 percent of the kiwifruit volume represented in the
referendum, vote in favor of continuance. In evaluating the merits of
continuance versus termination, USDA will not exclusively consider the
results of the continuance referendum. USDA will also consider all
other relevant information concerning the operation of the Order and
relative benefits and costs to growers, handlers, and consumers to
determine whether continued operation of the Order would tend to
effectuate the declared policy of the Act.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballot materials used in the referendum have been
approved by the Office of Management and Budget (OMB) and have been
assigned OMB No. 0581-0189, Fruit Crops. It has been estimated that it
will take an average of 20 minutes for each of the approximately 142
California kiwifruit growers to cast a ballot. Participation is
voluntary. Ballots delivered to AMS via U.S. mail or electronic ballot
must show proof of delivery by no later than 11:59 p.m. Eastern Time on
June 8, 2026, to be included in the vote tabulation.
Kathie Notoro and Abigail Maharaj of the West Region Branch, Market
Development Division, Specialty Crops Program, AMS, USDA, are hereby
designated as the referendum agents of the Secretary of Agriculture to
conduct this referendum. The procedure applicable to the referendum
shall be the ``Procedure for the Conduct of Referenda in Connection
with Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the
Agricultural Marketing Agreement Act of 1937, as Amended'' (7 CFR part
900.400 et seq.).
Ballots and voting instructions will be sent by U.S. mail, or
through electronic mail, to all California kiwifruit growers of record
and may also be obtained from the referendum agents or their
appointees.
(Authority: 7 U.S.C. 601-674)
Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2026-09326 Filed 5-8-26; 8:45 am]
BILLING CODE 3410-02-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 May 11, 2026.
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.