Mar 21, 2011

Hearings set for cherry amendments

Public hearings will be held to receive evidence on proposed amendments to the marketing order that regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington state and Wisconsin.

Three amendments are proposed by the Cherry Industry Administrative Board (CIAB), which is responsible for administering the order. The proposed amendments would change how grower diversion of cherries is accounted for under the order and would affect volume control in years when grower diversions are utilized. In addition, USDA’s Agricultural Marketing Service proposes to make any changes necessary to the order to conform to any amendment that may result from the hearing, according to the March 14 issue of the Federal Register.

The amendment proposals have to do with grower in-orchard diversion credits and how they are accounted for by handlers, according to CIAB.

Up to now, grower credits operated differently than handler postharvest diversion credits. Postharvest credits are taken pound-for-pound against the handlers’ restriction obligations. For grower credits, handlers have had to treat them just like cherries delivered for processing. The handlers must apply the restriction percentage against them just like they do to processed cherries, according to CIAB.

Growers and handlers are encouraged to participate in the amendment hearings:

1. April 20-21, 9 a.m.-5 p.m.
U.S. Bankruptcy Court
One Division Ave. N, 3rd Floor Courtroom A
Grand Rapids, MI 49503

2. April 26-27, 9 a.m.-5 p.m.
Utah County Administration Building
100 E. Center Street, Room L900
Provo, Utah 84606

The proposed amendments were recommended by CIAB and submitted to USDA last September. Additional information was submitted in November, and a determination was made to schedule the hearings, according to the Federal Register.

All persons wishing to submit written material as evidence should be prepared to submit four copies of such material at the hearing. Four copies of prepared testimony for presentation should also be made available. To the extent practicable, eight additional copies of evidentiary exhibits and testimony prepared as an exhibit should be made available to USDA representatives on the day of the hearing. Any requests for preparation of USDA data should be made at least 10 days prior to the beginning of the hearing, according to the Federal Register.

For more information, call CIAB at 888-639-2422; email [email protected]; visit www.cherryboard.org.