Agricultural Marketing Service Seeks Extension for Organic Commodity Assessment Exemption Information Collection

The Agricultural Marketing Service (AMS), a division of the United States Department of Agriculture (USDA), published a notice in the Federal Register announcing its intent to request an extension for a currently approved information collection. The collection process involves handlers of organic agricultural products applying for exemptions from market promotion assessments mandated by federal marketing orders. The notice outlines the administrative framework governing these exemptions, establishing a public comment window that closes on January 4, 2027.

Background and Legislative Authority

The statutory foundation for these marketing orders rests upon the Agricultural Marketing Agreement Act of 1937, which authorizes the Secretary of Agriculture to oversee marketing order operations that ensure adequate supplies of high-quality agricultural products and fair returns for producers. These orders can encompass production and marketing research, volume regulations, quality control, and paid advertising funded through industry assessments.

Statutory adjustments over the years have modified how organic products are treated under these federal structures. Specifically, the Farm Security and Rural Investment Act amended previous legislation to exempt individuals who handle or market solely one hundred percent organic products from paying market promotion assessments. This exemption applies to agricultural commodities produced on certified organic farms as defined by the Organic Foods Production Act of 1990.

Operational Scope and Affected Orders

To claim the statutory exemption, a certified organic handler must complete an application form and submit it to the applicable marketing order board or committee. The current information collection, designated under Office of Management and Budget number 0581-0216, is scheduled to expire on April 30, 2027.

The renewal notice affects a broad array of federal marketing orders spanning numerous specialty crops across various regions. Included in the list are programs regulating commodities such as Texas citrus, Florida avocados, Washington cherries, California desert grapes, Oregon and Washington pears, tart cherries, California olives, Colorado potatoes, various regional onions, Florida tomatoes, California almonds, hazelnuts, walnuts, spearmint oil, pecans, dates, raisins, and dried prunes. Notably, the marketing order for California dried prunes maintains suspended handling requirements until July 2030, yet remains part of this administrative renewal pending future industry decisions regarding its formal termination.

Administrative Burden and Public Participation

According to agency estimates, the public reporting burden for the information collection remains minimal. AMS projects approximately 210 respondents, with each respondent submitting a single response annually. The average burden per response is estimated at 0.25 hours, culminating in a total annual public burden of 52.5 hours.

The USDA invites interested parties, including legal professionals, agricultural producers, and industry stakeholders, to submit comments on the necessity of the information collection, the accuracy of the agency burden estimates, methods to improve information quality, and techniques to minimize reporting burdens. Written comments are directed to the Docket Clerk within the Specialty Crops Program of the AMS, with electronic submissions accepted through the federal rulemaking portal.