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Tart Cherries Referendum Order for Growers and Processors

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Summary

The Agricultural Marketing Service (AMS) is directing a referendum among tart cherry growers and processors in seven states to determine if they favor continuing Marketing Order No. 930. The referendum will be conducted from March 30 to April 20, 2026. USDA will consider termination if less than 50% of voters and volume favor continuance.

What changed

The Agricultural Marketing Service (AMS) has issued a referendum order to determine if tart cherry growers and processors in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin favor the continuation of Marketing Order No. 930. The referendum is scheduled from March 30 to April 20, 2026. USDA will consider terminating the order if less than 50 percent of growers and processors, and less than 50 percent of the tart cherry volume represented, vote in favor of continuance. However, USDA will also consider other relevant information beyond the referendum results.

Eligible voters must have grown or processed cherries between July 1, 2024, and June 30, 2025. While participation is voluntary, ballots must be postmarked by April 20, 2026, to be counted. Compliance officers should ensure that eligible growers and processors within their organization are aware of this referendum and the voting period. The outcome could lead to the termination of the marketing order, impacting current handling regulations for tart cherries.

What to do next

  1. Notify eligible growers and processors of the referendum and voting period.
  2. Ensure internal processes are in place to facilitate voting for eligible personnel.
  3. Monitor the referendum results and any subsequent USDA decisions regarding the marketing order.

Source document (simplified)

Content

ACTION:

Referendum order.

SUMMARY:

This document directs that a referendum be conducted among eligible tart cherry growers and processors to determine whether
they favor continuance of the marketing order regulating the handling of tart cherries grown in the states of Michigan, New
York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.

DATES:

The referendum will be conducted from March 30 through April 20, 2026. Only current tart cherry growers and processors who
have grown or processed cherries within the production area during the period of July 1, 2024, through June 30, 2025, are
eligible to vote in this referendum.

ADDRESSES:

Copies of the marketing order may be obtained from the office of the referendum agents at 1124 First Street South, Winter
Haven, FL 33880; telephone: (863) 324-3375; or from the Docket Clerk, Market Development Division, Specialty Crops Program,
AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone (202) 720-8085; or on the internet: https://www.ecfr.gov/current/title-7/subtitle-B/chapter-IX/part-930.

FOR FURTHER INFORMATION CONTACT:

Steven W. Kauffman, Marketing Specialist, or Christian D. Nissen, Branch Chief, Southeast Region Branch, Market Development
Division, Specialty Crops Program, AMS, USDA, 1124 First Street South, Winter Haven, FL 33880; telephone: (863) 324-3375,
or email: Steven.Kauffman@usda.gov or Christian.Nissen@usda.gov.

SUPPLEMENTARY INFORMATION:

Pursuant to Marketing Order No. 930, as amended (7 CFR part 930; 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 tart cherry growers and processors in the states of Michigan,
New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, § 930.83(d). The referendum will be conducted from March
30 through April 20, 2026, among tart cherry growers and processors in the production area. Only current tart cherry growers
and processors that were engaged in the production or processing of tart cherries during the period of July 1, 2024, through
June 30, 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. USDA will consider termination of the Order if less than 50 percent of the growers and processors
voting in the referendum, and less than 50 percent of the tart cherry 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, processors, 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. 0581-0177, Tart Cherries Grown
in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. It has been estimated it will
take an average of 20 minutes for each of the approximately 330 tart cherry growers and 30 processors to cast a ballot. Participation
is voluntary. Ballots postmarked after April 20, 2026, will not be included in the vote tabulation.

Steven Kauffman, Delaney Fuhrmeister, Rebecca Geller, Jennie Varela, and Christian Nissen of the Southeast Region Branch,
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 tart cherry growers and processors
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. 2026-05096 Filed 3-13-26; 8:45 am] BILLING CODE P

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Classification

Agency
AMS
Compliance deadline
April 20th, 2026 (34 days)
Instrument
Rule
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Agricultural firms
Geographic scope
National (US)

Taxonomy

Primary area
Agriculture
Operational domain
Compliance
Topics
Marketing Orders Referendums

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