Proposed Rule: Sweet Cherry Handling Regulations in Washington

Content

ACTION:

Proposed rule.

SUMMARY:

This proposed rule would implement a recommendation from the Washington Cherry Marketing Committee (Committee) to update the
handling regulations for sweet cherries grown in designated counties in Washington. The Committee's proposal seeks to increase
the minimum size requirements for all sweet cherry varieties, except the Rainier, Royal Anne, and similar varieties, commonly
referred to as “light sweet cherries.” In addition, the proposal would remove one row count/row size designation, add two
new row count/row size designations, and revise the title of the Marketing Order's pack requirements table.

DATES:

Comments must be received by April 8, 2026.

ADDRESSES:

Interested persons are invited to submit written comments concerning this proposed rule. Comments can be sent to the Docket
Clerk, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington,
DC 20250-0237. Comments can also be sent to the Docket Clerk electronically by email: MarketingOrderComment@usda.gov or via the internet at: https://www.regulations.gov. 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 and will be made available to the public
and can be viewed at: https://www.regulations.gov. Please be advised that comments are posted to regulations.gov without change.

FOR FURTHER INFORMATION CONTACT:

Virginia Tjemsland, Marketing Specialist, or Barry Broadbent, Chief, Northwest Region Branch, Market Development Division,
Specialty Crops Program, AMS, USDA; telephone: (503) 326-2724; or email: Virginia.L.Tjemsland@usda.gov or Barry.Broadbent@usda.gov.

SUPPLEMENTARY INFORMATION:

This action, pursuant to 5 U.S.C. 553, proposes to amend regulations issued to carry out a marketing order as defined in 7
CFR 900.2(j). This proposed rule is issued under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674)
(the Act), and Marketing Order No. 923 (7 CFR part 923) (the Order), which regulates the handling of sweet cherries grown
in designated counties of Washington. The Committee locally administers the Order and is comprised of growers and handlers
of sweet cherries operating within the production area.

This action is exempt from the Office of Management and Budget (OMB) review process required by Executive Order 12866. This
rule amends existing Marketing Order No. 923, as amended (7 CFR part 923), Sweet Cherries Grown in Designated Counties in
Washington, and is necessary for the continued operation of Marketing Order No. 923. Additionally, this action is exempt from
the requirements of Executive Order 14192, “Unleashing Prosperity Through Deregulation,” pursuant to section 5(c).

This proposed rule has been reviewed under Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments,”
which requires Federal agencies to consider whether their rulemaking actions would have Tribal implications. The Agricultural
Marketing Service (AMS) has determined this proposed rule is unlikely to have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

This proposed rule has been reviewed under Executive Order 12988, “Civil Justice Reform.” This proposed rule is not intended
to have a retroactive effect.

Under the Order, sweet cherries produced in designated counties in Washington are required to be inspected and are subject
to grade, size, quality, maturity, pack, and container requirements. This proposed rule would increase the minimum size requirements
for all sweet cherry varieties, except the Rainier, Royal Anne, and similar varieties, commonly referred to as “light sweet
cherries.” In addition, the proposal would remove one row count/row size designation and add two new row count/row size designations
to the Order's pack requirements.

Section 923.51 of the Order authorizes the Committee to recommend handling regulations to the Secretary. Section 923.52 of
the Order authorizes the Secretary to establish such handling regulations. Further, § 923.53 authorizes the Committee to recommend
the modification, suspension, or termination of handling regulations when it finds that industry conditions so dictate. Section
923.322 establishes the minimum grade, size, quality, maturity, pack, and container requirements for sweet cherries handled
subject to the Order. Section 923.322(b) establishes the Order's minimum size requirements and § 923.322(d) details the Order's
pack requirements. Section

  923.322(d)(1) includes a table that specifies the allowable row count/row size designations and the corresponding allowable
  size variation tolerance.

Pursuant to 7 CFR 923.53, the Committee determined that the production and marketing conditions of Washington sweet cherries
have changed and that the Order's handling regulations should be modified accordingly. The Committee met on May 22, 2024,
and recommended, with a vote of nine in favor, three opposed, and one abstention, modifying the Order's handling regulations
by increasing the minimum size requirements for all cherries, except cherries of the Rainier, Royal Anne, and other similar
“light sweet cherries,” in § 923.322(b)(2). Later, the Committee met again on August 27, 2025, and unanimously recommended,
with a vote of 12 in favor and none opposed, modifying the Order's pack requirements in § 923.322(d)(1). The Committee recommended
these changes to allow the industry to maximize market returns and facilitate access to crop insurance for growers, when necessary.

Currently, the size requirements in the Order's handling regulations require that at least 90 percent of all sweet cherries,
except the Rainier, Royal Anne, and other similar “light sweet cherries,” be a minimum size of
54/64
inch in diameter and not more than 5 percent, by count, may be less than
52/64
inch in diameter. In addition, under the Order's pack requirements, the current minimum row count/row size designation is
a 12-row, with at least 90 percent, by count, not smaller than
54/64
inch in diameter. The largest defined row count/row size designation is an 8-row, with at least 90 percent, by count, not
smaller than
84/64
inch in diameter. Because there is no maximum size requirement defined by the Order's handling regulations, cherries larger
than
84/64
inches in diameter are all currently designated as 8-row size/row count. For context, higher number row count/row size designations
correlate to smaller fruit and lower number row count/row size designations correlate to larger size fruit.

The Committee held two public meetings on May 22, 2024, and August 27, 2025, to consider changes to the Order's handling regulations.
At its meeting on May 22, 2024, the Committee recommended, with a vote of nine in favor, three opposed, and one in abstention,
modifying the Order's handling regulations by increasing the minimum size requirements for all cherries, except cherries of
the Rainier, Royal Anne, and other similar “light sweet cherries,” from
54/64
inch in diameter (12-row count/row size designation) to
57/64
inch in diameter (11
1/2
-row count/row size designation). Under the proposed change, at least 90 percent, by count, of cherries in any lot would be
required to measure not less than
57/64
inch in diameter, and not more than 5 percent, by count, could measure less than
54/64
inch in diameter. Additionally, the Committee recommended eliminating the 12-row count/row size designation from the table
in the Order's pack requirements to conform with the proposed minimum size requirement increase to
57/64
inch in diameter (11
1/2
-row count/row size). The three members opposed did not believe the recommendation would be good for industry and would limit
growers' ability to market all their fruit, as in some very specific circumstances, 12-row count/row size designated sweet
cherries can be marketed. The abstaining member wanted additional time to consider the recommendation.

According to the Committee, small size cherries ranging from
54/64
to
57/64
inch in diameter (12-row count/row size) account for approximately 1 to 2 percent of the Washington sweet cherry market annually.
In addition to making up a very small percentage of sweet cherry volume, small size cherries usually command a lower market
price, which can create competition with the larger size fruit which is also produced within the production area. Further,
during difficult crop years when weather events adversely impact yield and fruit size, growers are often required to pick
and deliver their 12-row count/row size cherries to handlers to qualify for crop insurance coverage, even if picking the smaller
size cherries is not economically viable. This is because crop insurance adjustors typically require harvesting all “marketable”
fruit prior to submission of a crop insurance claim, even though the smaller size cherries have little market value to the
grower or the handler. For these reasons, the Committee believes that increasing the minimum size requirement to
57/64
inch in diameter and eliminating the corresponding 12-row count/row size designation in the Order's pack requirements would
be beneficial to the industry by preventing low value, small size cherries from competing in the market against larger, more
valuable fruit, and by reducing crop insurance barriers for growers following weather-induced crop losses.

At its public meeting on August 27, 2025, the Committee recommended, with a vote of 12 in favor and none opposed, to further
modify the Order's handling regulations by adding two new row count/row size designations to the Order's pack requirements.
The proposal would add a 7
1/2
-row count/row size designation, with a minimum
88/64
inch diameter, and a 7-row count/row size designation, with a minimum
92/64
inch diameter. Currently, 8-row count/row size (minimum
84/64
inches in diameter) and larger sweet cherries are marketed without further size definition, making it difficult for industry
to differentiate and capitalize on the larger size fruit. The Committee believes that adding the two larger size designations
will benefit growers and handlers of larger size sweet cherries and facilitate industry's desire to market larger size cherries
in export markets at premium prices.

Therefore, this proposed rule would amend the size requirements in § 923.322(b)(2) by increasing the minimum size requirement
from
54/64
inch in diameter to
57/64
inch in diameter. Under the proposal, at least 90 percent, by count, of cherries in any lot would be required to measure not
less than
57/64
inch in diameter, and not more than 5 percent, by count, could measure less than
54/64
inch in diameter. Further, this proposed rule would amend the table in 7 CFR 923.322(d)(1) by removing the 12-row count/row
size designation in Column 1, as well as the corresponding minimum
54/64
inch in diameter from same row in Column 2. The proposal would also add two new row count/row size designations to the table:
a 7
1/2
-row count/row size in Column 1, with a corresponding minimum
88/64
inch diameter in Column 2, and a 7-row count/row size in Column 1, with a corresponding minimum
92/64
inch diameter in Column 2. Lastly, this proposed rule will make a technical amendment to revise the title of the table to
“Table 1 to paragraph (d)(1)”. The proposed changes in the Order's handling regulations are expected to benefit growers, handlers,
and consumers of Washington sweet cherries.

Initial Regulatory Flexibility Analysis

Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic
impact of this proposed rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis.

The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small
businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued
thereunder, are unique in that they are brought about

  through group action of typically small entities acting on their own behalf.

There are approximately 1,350 sweet cherry growers in the production area and approximately 35 handlers subject to regulation
under the Order. At the time this analysis was prepared, the Small Business Administration (SBA) defined small agricultural
producers as those having annual receipts equal to or less than $3,500,000 (NAICS code 111339, Other Noncitrus Fruit Farming).
Small agricultural service firms, which include sweet cherry handlers, were defined by the SBA as those having annual receipts
equal to or less than $34,000,000 (NAICS code 115114, Postharvest Crop Activities) (13 CFR 121.201).

Based on data from the National Agricultural Statistics Service (NASS) and the Committee, the reported average price growers
received for Washington sweet cherries during the 2024-2025 fiscal year was approximately $1.08 per pound. Using the average
grower price, shipment information, and the number of growers, and assuming a normal distribution, the majority of growers
have estimated average annual receipts of significantly less than $3,500,000 ($1.08 multiplied by 404,000,000 pounds equals
$436,320,000, divided by 1,350 growers equals $323,200 per grower). Thus, the majority of growers may be classified as small
entities.

According to data from Market News and production records from the Committee, the average price of Washington sweet cherries
handled during the 2024-2025 fiscal year was approximately $3.17 per pound, with total shipments of around 404,000,000 pounds.
Based on the average terminal market price, shipment information, and the number of handlers, and assuming a normal distribution,
the majority of Washington sweet cherry handlers have estimated average annual receipts of more than $34,000,000 ($3.17 multiplied
by 404,000,000 pounds equals $1,280,680,000 divided by 35 handlers equals $36,590,857 per handler). Thus, the majority of
handlers may be classified as large entities.

This proposed rule would increase the minimum size requirements in the Order's handling regulation for all varieties, other
than Rainier, Royal Anne, and other similar “light sweet cherries,” from
54/64
inch in diameter to
57/64
inch in diameter. Under the proposed change, at least 90 percent, by count, of cherries in any lot would be required to measure
not less than
57/64
inch in diameter, and not more than 5 percent, by count, could measure less than
54/64
inch in diameter. Additionally, the proposal would modify the table in the Order's pack requirements by eliminating the 12-row
count/row size designation, which corresponds to a minimum diameter of
54/64
inches, and by adding a 7
1/2
-row count/row size designation (
88/64
inches in diameter) and a 7-row count/row size designation (
92/64
inches in diameter). Under the proposed rule, the minimum row count/row size designation would be 11
1/2
, with a corresponding minimum diameter of
57/64
inches.

At its May 22, 2024, meeting, the Committee voted nine in favor, three opposed, and one in abstention, to recommend changes
to the Order's minimum size and pack requirements. The Committee stated that 12-row (
54/64
inch in diameter) cherries regularly make up only 1 to 2 percent of the market and are not readily accepted by wholesale buyers,
nor do handlers often choose to pack and market such small cherries. The Committee further indicated that in years of weather-induced
crop failure or yield reductions, crop insurance requires growers to harvest and deliver all the cherries produced, even if
handlers would prefer that growers forgo delivery of small size fruit and growers would prefer to avoid the expense and burden
of harvesting such small size fruit. With this proposed rule, sweet cherry growers would be able to harvest fruit that is
more readily accepted by handlers and successfully market such fruit to consumers. The proposed rule would also facilitate
growers' use of crop insurance in years when the industry experiences a crop failure.

At its August 27, 2025, meeting, the Committee voted, 12 in favor and none opposed, to add a 7
1/2
-row count/row size designation (
88/64
inches in diameter) and a 7-row count/row size designation (
92/64
inches in diameter) to the table in the Order's pack requirements. The Committee believes that adding these size designations
will allow the industry to differentiate markets and facilitate marketing large size, premium sweet cherries.

This proposed rule would not impose any additional costs to industry. It is not expected to have a significant impact positively
or negatively on the revenue of handlers or growers of Washington sweet cherries as the quantity of small, 12-row size fruit
produced is very small, the market currently does not readily accept 12-row size sweet cherries, and such cherries, when produced
and marketed, command lower prices than larger size fruit. The quality of sweet cherries is not expected to be significantly
affected by this proposed change, and increasing the minimum size of marketable cherries aligns with what the market already
demands. In addition, the Order's current minimum grade requirements would not be impacted by this proposed rule, and the
addition of the larger size designations in the Order's pack requirements is expected to have a neutral or positive impact.

The Committee considered alternatives to the recommended changes made at its May 2024 meeting, including taking no action
and continuing to regulate according to the requirements currently in effect under the Order. The Committee considered increasing
the minimum size requirement to
61/64
inch in diameter and raising the minimum row count/row size designation to 11-row, thereby eliminating both the 12 and 11
1/2
-row count/row size designations from the pack requirements. However, the Committee determined that the minimum size and minimum
row count/row size designation, as proposed herein, would be in the best interest of the growers, handlers, and consumers
of Washington sweet cherries. As such, the Committee rejected all other alternatives.

Further, the Committee also discussed alternatives to the recommended changes made at the August 2025 meeting, including taking
no action and continuing to regulate based on the recommended proposals presented at the May 2024 meeting. The Committee considered
various options regarding defining larger size fruit in the table in the Order's pack requirements. However, the Committee
ultimately determined that adding two additional row count/row size designations (7
1/2
-row (
88/64
inch in diameter) and 7-row (
92/64
inch in diameter)) would be in the best interest of the growers, handlers, and consumers of Washington sweet cherries and
rejected all other alternatives.

Committee meetings are widely publicized throughout the Washington sweet cherry industry. All interested persons are invited
to attend meetings and participate in Committee deliberations. Like all Committee meetings, the May 22, 2024, and August 27,
2025, meetings were public meetings and all entities, both large and small, were able to express their views on this issue.
Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational
impacts of this action on small businesses.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Order's information collection requirements
have been previously approved by the Office of

  Management and Budget (OMB) and assigned OMB No. 0581-0189, Fruit Crops. This proposed rule does not require changes to the
  current information collection. Should any changes become necessary, they would be submitted to OMB for approval.

This proposed rule would not impose any additional reporting or recordkeeping requirements on either small or large sweet
cherry handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce 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 Committee
and other available information, AMS has determined that this proposed rule is consistent with and would effectuate the purposes
of the Act.

A 30-day comment period is provided to allow interested persons to respond to this proposed rule. All written comments timely
received will be considered before a final determination is made on this action.

List of Subjects in 7 CFR Part 923

Cherries, Fruits, Marketing agreements, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, AMS proposes to amend 7 CFR part 923 as follows:

PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON

1. The authority citation for part 923 continues to read as follows:

Authority:

7 U.S.C. 601-674.

1. Amend § 923.322 by revising paragraph (b)(2) and, in paragraph (d)(1), by revising the title of the table and the table itself to read as follows:

§ 923.322 Washington cherry handling regulation. * * * * *

(b) * * *

(2) For all other varieties, at least 90 percent, by count, of the cherries in any lot shall measure not less than 57/64 inch
in diameter and not more than 5 percent, by count, may be less than 54/64 inch in diameter.

---

(d) * * *

(1) * * *

| Column 1, row count/row size | Column 2 diameter
(inches) |
| --- | --- |
| 7 | 92/64 |
| 7
1/2 | 88/64 |
| 8 | 84/64 |
| 8
1/2 | 79/64 |
| 9 | 75/64 |
| 9
1/2 | 71/64 |
| 10 | 67/64 |
| 10
1/2 | 64/64 |
| 11 | 61/64 |
| 11
1/2 | 57/64 |

---

Erin Morris, Administrator, Agricultural Marketing Service. [FR Doc. 2026-04571 Filed 3-6-26; 8:45 am] BILLING CODE;P

Download File

Download