Tart cherry growers amend federal marketing order

Changes include how volume regulations are calculated, total production updates and updates to the board representation and terms of offices.

tart cherries
The USDA says the amendments to a federal marketing order program — as voted on by tart cherry growers and processors — met the requirement of being favored 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 voting in the referendum.
(File photo)

Tart cherry growers and processors have approved amendments to a federal marketing order program, as voted on in a referendum held last year.

These updates include changes to how marketing order volume regulations are calculated, removing the word “processed” for calculating annual production as well as representation and the timing of terms of offices.

The Cherry Industry Administrative Board administers the marketing order, which authorizes implementation of research and promotion programs, quality requirements and regulation of the flow of product to market. The board administers the marketing order locally and consists of 18 members representing producers and handlers in Michigan, New York, Pennsylvania, Utah, Washington and Wisconsin.

The USDA said the amendments voted on met the requirement of being favored 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 voting in the referendum. All amendments also met the requirement of being favored by processors that represent at least 50% of the processed tart cherry volume.

The USDA said the vote outcome for each change is as follows:

  • Amendment 1 — “District representation on the board is based on each district’s maximum production in the most recent five harvest periods rather than utilizing the current 3-year average production for each district by amending Section 930.20.” This amendment was favored by 77.5% of voting tart cherry producers, representing 83.6% of the production volume voting in the referendum. Processors representing 54.6% of the processed tart cherry volume favored this amendment.
  • Amendment 2 — “Require the term of office to start on June 1 and end on May 31 of the subsequent year instead of the current term of office from July 1 to June 30 by amending Section 930.22.” This amendment was favored by 90.1% of voting tart cherry producers, representing 96.8% of the production volume voting in the referendum. Processors representing 66% of the processed tart cherry volume favored this amendment.
  • Amendment 3 — “Modify the basis for determining a board member’s sales constituency so sales constituency is determined by the entity that purchased the majority of pounds of the grower’s fruit at the time of nomination and that their sales constituency will remain the same over the term of office for that member by amending Section 930.23.” This amendment was favored by 87.5% of voting tart cherry producers, representing 97.2% of the production volume voting in the referendum. Processors representing 65% of the processed tart cherry volume favored this amendment.
  • Amendment 4 — “Add language to specify that alternate members may be from the same sales constituency as the member for whom they serve as an alternate by amending Section 930.28.” This amendment was favored by 81.3% of voting tart cherry producers, representing 89% of the production volume voting in the referendum. Processors representing 64.9% of the processed tart cherry volume favored this amendment.
  • Amendment 5 — “Adjust the timeframe for submitting nominations to USDA from 120 days before the term of office expires to 60 days before the term of office expires by amending Section 930.23.” This amendment was favored by 87.7% of voting tart cherry producers, representing 97.9% of the production volume voting in the referendum. Processors representing 64.9% of the processed tart cherry volume favored this amendment.
  • Amendment 6 — “Use a 5-year average production instead of a 3-year average production for determining when districts are subject to the marketing order’s volume regulations by amending Section 930.52(a).” This amendment was favored by 85.2% of voting tart cherry producers, representing 91.4% of the production volume voting in the referendum. Processors representing 58% of the processed tart cherry volume favored this amendment.
  • Amendment 7 — “Remove the word ‘processed’ so that the average annual production is based on all reported production and not just the processed production when a restriction is established by amending Section 930.52(d).” This amendment was favored by 86.4% of voting tart cherry producers, representing 90.7% of the production volume voting in the referendum. Processors representing 66.5% of the processed tart cherry volume favored this amendment.
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