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Proposed Rules for Almond Federal Marketing Order Posted


This week, USDA announced two separate proposed rules to the federal marketing order for handling almonds grown in California. Notice of these rules were published in the Federal Register on Thursday, April 27, 2023, and will remain open for comments for 60 days of that date. 

Docket # 2023-08852 is a proposed rule which would modify existing regulatory requirements for quality control, exempt dispositions, and interest and late payments under the marketing order. This rulemaking is a modification of a previous rulemaking action originally published on February 22, 2022. This proposal does not include provisions that were in that original rulemaking related to the roadside stand exemption and credit back provisions.    

The other proposed rule, Docket # 2023-08851, is focused on adding additional language to the definition of almonds, establishes a definition for almond biomass, changes the date for board member elections to coincide with assessment collections as well as the date for board estimate. An important new provision is to establish borrowing authority for the Board. Given the way assessments are collected, this would provide better management of cashflow – the change does not change the assessment, nor does it have any budget impact. This proposed rule will be subject to a referendum at a later date before becoming final. 

Both proposed rulemaking changes were previously approved by the ABC Board of Directors. As previously stated, a public comment period of 60 days has been opened for the proposed rulemaking changes. Comments for both must be submitted by June 26, 2023. Comments may be submitted at or by mail. For more information, please refer to the Informal Rulemaking Federal Register Notification and the Formal Rulemaking Federal Register Notification.   

Please contact with any questions.