Proposed Rule2026-17296
Membership Adjustment of the Mushroom Council
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
August 25, 2026
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This proposed rule invites comments on realigning and reallocating representation on the Mushroom Council as prescribed in the Mushroom Promotion, Research, and Consumer Information Order by adjusting the states in Regions 1 and 3 and reallocating a member from Region 1 to Region 3.
Full Text
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<title>Federal Register, Volume 91 Issue 163 (Tuesday, August 25, 2026)</title>
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[Federal Register Volume 91, Number 163 (Tuesday, August 25, 2026)]
[Proposed Rules]
[Pages 54814-54817]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17296]
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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.
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Federal Register / Vol. 91, No. 163 / Tuesday, August 25, 2026 /
Proposed Rules
[[Page 54814]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1209
[Doc. No. AMS-SC-25-0551]
Membership Adjustment of the Mushroom Council
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule invites comments on realigning and
reallocating representation on the Mushroom Council as prescribed in
the Mushroom Promotion, Research, and Consumer Information Order by
adjusting the states in Regions 1 and 3 and reallocating a member from
Region 1 to Region 3.
DATES: Comments must be received by September 24, 2026.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments may bemailed to the Docket
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP 0244, Washington, DC 20250-0237;
submitted by fax: (202) 720-8938; submitted electronically by email:
<a href="/cdn-cgi/l/email-protection#17445a3942445356395a454739565a44395a535354787a7a727963576264737639707861"><span class="__cf_email__" data-cfemail="5407197a010710157a1906047a1519077a191010173b3939313a2014212730357a333b22">[email protected]</span></a>; or via at 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, will be made available to the public and may be viewed
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please be advised that all information
submitted with your comment will be posted to <a href="http://regulations.gov">regulations.gov</a> without
change.
FOR FURTHER INFORMATION CONTACT: Kelly Robertson, Marketing Specialist
or Alexandra Caryl, Branch Chief, Mid-Atlantic Region Branch, Market
Development Division, Specialty Crop Program, AMS, USDA; telephone:
(202) 720-8085 or via email: <a href="/cdn-cgi/l/email-protection#d49fb1b8b8ad99fa86bbb6b1a6a0a7bbba94a1a7b0b5fab3bba2"><span class="__cf_email__" data-cfemail="96ddf3fafaefdbb8c4f9f4f3e4e2e5f9f8d6e3e5f2f7b8f1f9e0">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#beffd2dbc6dfd0daccdf90fddfccc7d2fecbcddadf90d9d1c8"><span class="__cf_email__" data-cfemail="9edff2fbe6fff0faecffb0ddffece7f2deebedfaffb0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This proposed rule affecting the Mushroom
Promotion, Research, and Consumer Information Order (7 CFR part 1209)
is authorized by the Mushroom Promotion, Research, and Consumer
Information Act (7 U.S.C. 6101-6112) (Act).
Executive Order 12866
This proposed action is exempt from the Office of Management and
Budget (OMB) review process required by Executive Order 12866. This
proposed rule would amend existing Mushroom Promotion, Research, and
Consumer Information Order, as amended (7 CFR part 1209) and is
necessary for the continued operation of the program. Additionally,
this proposed action is exempt from the requirements of Executive Order
14192, ``Unleashing Prosperity Through Deregulation,'' pursuant to
section 5(c).
Executive Order 13175
This proposed rule has been reviewed in accordance with the
requirements of Executive Order 13175, ``Consultation and Coordination
with Indian Tribal Governments.'' AMS has assessed the impact of this
proposed rule on Indian Tribes and determined that this rule would not
have tribal implications that require consultation under Executive
Order 13175.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
``Civil Justice Reform.'' It is not intended to have retroactive
effect. Section 1930 of the Act (7 U.S.C. 6109) provides that it is not
to be construed to preempt or supersede any other program relating to
mushroom promotion, research, consumer information, or industry
information organized and operated under the laws of the United States
or any State.
Background
This proposed rule invites comments on adjusting the membership of
the Mushroom Council (Council) established under the Mushroom
Promotion, Research and Consumer Information Order (Order). The Order
is administered by the Council with oversight by USDA. This action was
recommended by the Council after a review of the geographic
distribution of mushroom production throughout the United States and
imports. The U.S. states that comprise Regions 1 and 3 would be
adjusted and a member seat would be moved from Region 1 to Region 3.
This action is necessary to ensure equitable representation of
producers and importers on the Council.
Section 1209.30(a) of the Order specifies that the Council shall
consist of not less than four or more than nine members who are
mushroom producers and importers. Pursuant to section 1209.30(b), for
purposes of nominating and appointing producers to the Council, the
U.S. is divided into four geographic regions.
Section 1209.230, Reallocation of Council members, currently
specifies the number of members from each region as follows:
Region 1: All other States including the District of Columbia
and the Commonwealth of Puerto Rico except for Pennsylvania and
California--3 members;
Region 2: The State of Pennsylvania--4 members;
Region 3: The State of California--1 member;
Region 4: Importers--1 member.
The current allocation of members above was recommended by the
Council in 2018 and established through rulemaking by USDA in 2019 (84
FR 17059, April 24, 2019).
Section 1209.30(d) prescribes that, at least every five years, and
not more than every three years, the Council must review changes in the
geographic distribution of mushroom production volume throughout the
U.S. and import volume, using the average annual mushroom production
and imports over the preceding four years. The Council must recommend
to the Secretary reapportionment of the regions and/or modification of
the number of members from such regions as necessary to best reflect
the geographic distribution of mushroom production volume in the U.S.
and representation of imports.
Section 1209.30(e) prescribes a procedure to determine the number
of members for each region to serve on the Council, subject to the
nine-member maximum limitation. Each region that produces, on average,
at least 50,000,000 pounds of mushrooms annually is entitled to one
representative on the Council. Importers
[[Page 54815]]
are represented by a single, separate region, which is entitled to one
representative if the region imports, on average, at least 50,000,000
pounds of mushrooms annually. If the annual production of a region is
greater than 110,000,000 pounds, but less than or equal to 180,000,000
pounds, the region must be represented by one additional member. If the
annual production of a region is greater than 180,000,000 pounds, but
less than or equal to 260,000,000 pounds, the region must be
represented by two additional members. If the annual production of a
region is greater than 260,000,000 pounds, the region must be
represented by three additional members. Finally, if in the aggregate,
regions are entitled to levels of representation that would exceed the
nine-member limit on the Council, the seat or seats assigned shall be
assigned to that region or those regions with greater on-average
production or import volume than the other regions otherwise eligible
at that increment level.
The Council met on February 11, 2025, and reviewed the geographic
distribution of mushroom production volume throughout the U.S. and
import volume to assess whether reapportionment of the current regions
or modification of the number of members from such regions, or both,
were warranted. Table 1. below includes Council assessment data on
domestic shipments for the preceding four years (2021 through 2024).
Table 1--Mushroom Council Representation With Mushroom Council Data
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a. Current council representation
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Quantity shipped (million pounds)
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Region Seats 4-Year
2021 2022 2023 2024 average
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1 All Other States................ 3 178.4 159.7 153.1 130.7 155.5
2 PA.............................. 4 465.5 440.2 411.5 433.7 437.7
3 CA.............................. 1 86.1 84.6 81.0 73.6 81.3
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Total Domestic Shipments...... ........... 729.9 684.4 645.6 638.0 674.5
4 Imports......................... 1 ........... ........... ........... ........... ...........
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b. New council representation
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Quantity shipped (million pounds)
Proposed ----------------------------------------------------------------
Region seats 4-Year
2021 2022 2023 2024 average
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1 East + AK = HI-PA............... 2 121.9 117.7 114.9 89.3 111.0
2 PA.............................. 4 465.5 440.2 411.5 433.7 437.7
3 West (including TX)............. 2 142.6 126.5 119.2 115.0 125.8
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Total Domestic Shipments...... ........... 729.9 684.4 645.6 638.0 674.5
4 Imports......................... 1 ........... ........... ........... ........... ...........
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Table 1. a. shows domestic shipments by region and the
corresponding allocation of seats across the current regions, and Table
1. b. shows the allocation of seats and Council representation under
the proposed new regions. The four-year average of total domestic
shipments, according to Council data, was 674.5 million pounds, with
437.7 million pounds coming from Pennsylvania alone. The Council's
proposed representation would combine the 44.5 million pounds from
other western states, including Texas, with the 81.3 million pounds of
shipments from California to create a new Region 3 that represents the
western U.S., minus Alaska and Hawaii. This would result in Region 1,
as it currently stands, losing the 44.5 million pounds that would be
allocated to the proposed Region 3, and dropping one Council seat,
which would be added to Region 3.
Table 2. below provides a similar analysis based on U.S. production
data from USDA's National Agricultural Statistics Service (NASS) and
import data from USDA's Global Agricultural Trade System (GATS). NASS
production data by state is limited to Pennsylvania, California, and
what it classifies as ``Other States.'' Beginning in 2025, state data
for California is combined with data for ``Other States,'' leaving
Pennsylvania as the only individual state for which NASS publishes
data.
Table 2--Mushroom Council Representation With NASS and GATS Data
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a. Current council representation
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Quantity produced/imported (million pounds)
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Region Seats 4-Year
2021 2022 2023 2024 average
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1 All Other States................ 3 163.0 159.5 154.8 133.8 152.8
2 PA.............................. 4 475.2 446.6 465.8 441.3 457.2
3 CA.............................. 1 99.2 73.8 82.5 67.7 80.8
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Total Domestic Production..... ........... 737.4 679.9 703.1 642.8 690.8
4 Imports......................... 1 195.2 201.4 191.7 203.9 198.0
[[Page 54816]]
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b. New council representation
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Quantity produced/imported (million pounds)
Proposed ----------------------------------------------------------------
Region seats 4-Year
2021 2022 2023 2024 average
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1 East + AK = HI-PA............... 2 117.3 104.4 106.2 90.1 104.5
2 PA.............................. 4 475.2 446.6 465.8 441.3 457.2
3 West (including TX)............. 2 144.9 128.9 131.2 111.4 129.1
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Total Domestic Production..... ........... 737.4 679.9 703.1 642.8 690.8
4 Imports......................... 1 195.2 201.4 191.7 203.9 198.0
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Like Table 1. a., Table 2. a. shows domestic production by current
regions and the corresponding Council representation. Table 2. b. shows
these for the proposed new regions and the corresponding Council
representation. To address the lack of data on mushroom production at
the state level, AMS utilized the results from the 2022 Census of
Agriculture, published by NASS, to calculate the proportion of square
feet in production in states included in the proposed Region 1 (45
percent) and in the proposed Region 3 (55 percent) relative to the
total U.S. minus Pennsylvania production. Next, AMS applied these
proportions to the ``Other States'' and California production figures
reported by NASS in its annual Mushroom publication. The results are
shown in Table 2. b. with the estimated four-year average production
for Region 1 in the East at 104.5 million pounds and the estimated
four-year average production for Region 3 in the West at 129.1 million
pounds. Table 2. also shows import volume solely for informational
purposes as the program's statute limits importer members to one.
Council Recommendation
Based on its analysis, the Council unanimously recommended
redistributing the States in Regions 1 and 3 and subsequently
decreasing the number of members in Region 1 by one while increasing
the number of members in Region 3 by one. Accordingly, Sec. 1209.230
would be revised as follows:
Region 1: Alabama, Alaska, Arkansas, Connecticut, Delaware,
Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New York,
North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South
Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia,
Wisconsin, the District of Columbia and the Commonwealth of Puerto
Rico;
Region 3: Arizona, California, Colorado, Idaho, Montana, Nevada,
New Mexico, Oregon, Texas, Utah, Washington, and Wyoming.
No changes are necessary to the number of members in Regions 2 and
4 or to their state make-up.
Initial Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of the proposed rule on
small entities. Accordingly, AMS has considered the economic impact of
this action on such entities.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to the actions so that small businesses will not be
disproportionately burdened. The Small Business Administration (SBA)
defines, in 13 CFR 121.201, small agricultural producers of mushrooms
(North American Industry Classification System (NAICS) code 111411,
Mushroom Production) as those having average annual receipts no greater
than $4.5 million and small agricultural service firms, such as
importers (NAICS code 115114, Postharvest Crop Activities), as those
having average annual receipts no greater than $34 million.
According to the 2022 Census of Agriculture, there were 1,258 farms
producing mushrooms nationwide in 2022. Based on data from the Council,
there were 99 producers subject to assessment--meaning they produced,
on average, more than 500,000 pounds of mushrooms per year--between
2021 and 2024. To find the number of producers whose average annual
receipts exceed the SBA size standard of $4.5 million, AMS applied the
average annual fresh market prices received for Agaricus mushrooms for
2021 through 2024, published by NASS, to Council shipment volume for
2021 through 2024. The result is an estimated 45 producers exceeding
the SBA size standard of $4.5 million in average annual receipts;
therefore, of the 1,258 mushroom producers nationwide, about 1,213, or
96 percent, would be considered small businesses.
According to data from U.S. Customs and Border Protection, there
were 301 importers of fresh mushrooms between 2021 and 2024. Of these,
four entities had average annual import values exceeding the SBA size
standard for a small importer of $34 million in average annual
receipts; therefore, of the 301 importers of fresh mushrooms, about
297, or 99 percent, would be considered small businesses.
This proposed rule invites comments on reallocating the membership
of the Council under the Order. The Order is administered by the
Council with oversight by USDA. This action was recommended by the
Council after a review of the geographic distribution of the volume of
mushroom production throughout the United States and the volume of
imports. The number of Council members would be revised in two of the
four regions under the Order. This action is necessary to ensure
equitable representation of producers and importers on the Council.
Authority for this action is provided in section 1209.30(d) of the
Order and section 1925 of the Act (7 U.S.C. 6104).
Regarding the economic impact of this proposed rule on affected
entities, revising the number of members in Regions 1 and 3 would
impose no additional costs on industry members. Eligible producers and
importers interested in serving on the Council would have to complete a
background questionnaire. Those requirements are addressed below. The
changes are necessary to provide for the equitable representation of
producers and importers on the Council.
Regarding alternatives, one option to the proposed action would be
to maintain the status quo and not revise the number of Council members
representing Regions 1 and 3. However, the Council's analysis of the
assessment, NASS, and GATS data support the proposed changes. USDA
concludes that the changes are necessary and appropriate.
[[Page 54817]]
Regarding outreach efforts, this proposed action was discussed by
the Council at its meeting held on February 11, 2025, where the Council
unanimously made its recommendation. All of the Council's meetings are
open to the public and interested persons are invited to participate
and express their views.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), the information collection and recordkeeping requirements
imposed by the Order were approved under OMB control number 0581-0093.
No changes to those requirements would be necessary as a result of this
proposed rule. Should any changes become necessary, they would be
submitted to OMB for approval.
As with all Federal research and promotion programs, reports and
forms are periodically reviewed to reduce the burden of 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 Council and other
available information, AMS has determined that this proposed rule is
consistent with and will effectuate the purposes of the Act.
USDA has determined this proposed rule, if finalized is consistent
with and would effectuate the purpose of the Act. A 30-day comment
period is provided to allow interested persons to respond to this
proposed rule. All written comments received in response to this
proposed rule by the date specified will be considered prior to
finalizing this action.
List of Subjects in 7 CFR Part 1209
Administrative practice and procedure, Advertising, Agricultural
research, Consumer protection, Marketing agreements, Mushrooms,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1209 is
proposed to be amended as follows:
PART 1209--MUSHROOM PROMOTION, RESEARCH AND CONSUMER INFORMATION
ORDER
0
1. The authority citation for part 1209 continues to read as follows:
Authority: 7 U.S.C. 6101-6112 and 7 U.S.C. 7401.
0
2. Revise Sec. 1209.230 to read as follows:
Sec. 1209.230 Reallocation of Council members.
Pursuant to Sec. 1209.30 of the Order, the number of members on
the Council shall be as follows:
(a) Region 1: The States of Alabama, Alaska, Arkansas, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas,
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey,
New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island,
South Carolina, South Dakota, Tennessee, Vermont, Virginia, West
Virginia, Wisconsin, the District of Columbia and the Commonwealth of
Puerto Rico--2 members.
(b) Region 2: The State of Pennsylvania--4 members.
(c) Region 3: The States of Arizona, California, Colorado, Idaho,
Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington, and
Wyoming--2 members.
(d) Region 4: Importers--1 member.
Erin Morris,
Administrator, Agricultural Marketing Service.
[FR Doc. 2026-17296 Filed 8-24-26; 8:45 am]
BILLING CODE 3410-02-P
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