Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Order Regulating Handling

This final rule establishes a Federal marketing agreement and order which regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The order was favored by the required two-thirds majority of producers voting in a referendum and was also favored by processors who processed more than 50 percent of the commodity as required by the Agricultural Marketing Agreement Act of 1937. In addition, the marketing agreement was executed by the required number of handlers, that is, handlers who handled more than 50 percent of the tart cherries handled during the representative period. The marketing agreement and order authorize volume, grade, size, and maturity regulations and mandatory inspection. It also authorizes production, processing, and marketing research and promotion projects, including paid advertising. The objective of the order is to improve producer returns by strengthening consumer demand through volume control and quality assurance mechanisms. Agreement and order activities will be financed by assessments levied on tart cherry handlers. The order was considered at several public hearings conducted in 1993, 1994, and 1995. The referendum was conducted by the Department of Agriculture by mail ballot June 12 through July 10, 1996.