USDA withdraws proposed changes to the handling requirements for Florida tomatoes

The U.S. Department of Agriculture is withdrawing a proposal that would have revised the handling requirements under the federal marketing order for tomatoes grown in Florida.

After receiving feedback from industry stakeholders, the agency determined there is insufficient support for the proposed changes that were recommended by the Florida Tomato Committee, according to a news release.

The proposed changes included bringing previously exempt roma type tomatoes under the marketing order’s handling regulations, developing exemption language for greenhouse and hydroponic tomatoes, and reviving pack and container requirements.

The notice withdrawing the proposed action was published in the Federal Register on April 15.

According to the Federal Register notice, the opposing comments indicated the proposed changes would increase the cost and time to bring imported tomatoes to market. Other comments, the USDA said,  expressed the proposed rule was an attempt to set up technical barriers to restrict free trade, limit fair competition and would only benefit small economic special interests. 

Another commenter said some of the proposed changes were unnecessary, as roma tomatoes from Mexico already must meet grade requirements under the U.S.-Mexico Suspension Agreement.

Several comments objected to the definition of “controlled environment”, stating it was trying to define production techniques that were not used in the Florida production area. Another commenter questioned the development of the “controlled environment” definition, since greenhouse production methods represent a very small portion of the tomatoes handled in Florida.

Comments also argued the proposed new exemption and definition were not reflective of production techniques used outside of the production area and the change would negatively impact greenhouse tomatoes. Further, the USDA said one commenter stated shade-house production differs significantly from open-field tomato production, and that the structures in Mexico are permanent and provide a significant degree of control over growing conditions and warrant different treatment from open-field production.

Several commenters also expressed that certain proposed changes were inconsistent with the Act and outside the scope of the Order.

After reviewing and considering the comments received, the Agricultural Marketing Service has determined there is little support for the proposed changes and the rule to modify the handling requirements for tomatoes grown in Florida should not be finalized.

AMS intends to conduct outreach with Florida tomato industry stakeholders and consider whether changes will be proposed in the future.