Marketing Orders

 

Overviewcontentphoto_marketingorders

Marketing orders and agreements are legal instruments issued by the USDA Secretary that are designed to stabilize market conditions for certain agricultural commodities by regulating the handling of those commodities in interstate or foreign commerce.    Read the full overview

 Note: Recently added resources are posted at the top of the applicable sections.


Major Statutes

Agricultural Marketing Agreement Act – Ch. 26 Agricultural Adjustment, 7 U.S.C. §§ 601-659
Agricultural Marketing Agreement Act – Ch. 26A Agricultural Marketing Agreements, 7 U.S.C. §§ 671-674

Regulations

New Marketing Agreements and Orders: Fruits, Vegetables, Nuts, 7 C.F.R. Parts 900-999
New Marketing Agreements and Orders: Milk, 7 C.F.R. Parts 1000-1199
New Marketing Agreements and Orders: Miscellaneous Commodities, 7 C.F.R. Parts 1200-1291
Electronic Code of Federal Regulations: Agriculture
Federal Register Rules Open for Comment

Case Law

Case Law Index for Marketing Orders

Administrative Law Decisions

Office of Administrative Law Judges
USDA National Appeals Division
Center published USDA Judicial Officer’s Decisions

Congressional Research Service Reports

Reports– published and made available by CRS beginning in 2017
Subjects– published by CRS and made available by NALC until 2018:

Commodities

Fruits, Vegetables, and Other Specialty Crops: Selected Federal Programs

Agricultural Law Bibliography

Introduction   |   Keyword Search   |   Browse Categories

Legal publications on Marketing Orders :

Administrative Law (Federal and State Farm Programs)
Fruits and Vegetables – Perishable Agricultural Commodities
USDA recommends establishing California Federal Milk Marketing Order
Judge finds Vidalia Onion Marketing Order Invalid
Judge orders attorney’s fees for Organic Certification Inspector
USDA Agricultural Marketing Services issues two marketing order final rules
Supreme Court rules that Agricultural Marketing Agreement Act of 1937 withdraws Tucker Act Jurisdiction; Takings Claim can be raise as affirmative defense in USDA enforcement proceeding
Potential US Ag Trade with Cuba takes significant steps
Supreme Court rules Raisin Program is “unconstitutional”
Assessment Rate decreased for California Olive Committee
GA Judge declines to intervene in Vidalia Onion Case
FDA: Increased funding needed to implement FSMA
Leafy Greens Food Safety Audits continue during Government Shutdown

Reference Resources

Agricultural Marketing Service (AMS)

Commodities Covered By Marketing Orders

Almonds
Apricots
Avocados
Cherries

Sweet Cherries
Tart Cherries

Citrus

Florida
Texas

Cranberries
Dates
Grapes
Hazelnuts
Kiwifruit
Olives
Onions

Idaho-Eastern Oregon
South Texas
Vidalia
Walla Walla

Pears

Oregon-Washington

Pecans
Pistachios
Plums/Prunes

California

Potatoes

Idaho-E. Oregon
Washington
Colorado
Virginia-North Carolina

Raisins
Spearmint Oil
Tomatoes
Walnuts

Fruit, Vegetables & Specialty Crop Marketing Orders and Agreements
Commodity Procurement
Small Business Guide to Marketing Orders
Specialty Crop Marketing Orders & Agreements
Fruit and Vegetable Programs (2006)
How to Create a Marketing Order
Dairy Programs
Federal Milk Marketing Orders
Federal Milk Marketing Order National Hearings
Federal Milk Marketing Orders Petitions
Federal Milk Marketing Order Statistics
Map of Federal Milk Marketing Order Areas
Map of Federal Milk Marketing Order Class I Price Structure
Publication: Impacts of NASS Nonfat Dry Milk on Price and Sales Volume Revisions on Federal Order Prices (2007)
Marketing Order Manual

Economic Research Service (ERS)

Dairy Policy Overview
Farm and Commodity Policy Overview
Fruit and Tree Nut Policy Overview
Vegetables and Pulses Policy Overview
Federal Marketing Orders and Federal Research and Promotion Programs: Background for 1995 Farm Legislation (Neff, 1995)
Publications: Milk Pricing in the United States (Manchester, 2001)
Agriculture Information Bulletin No. (AIB-761): Milk Pricing in the United States, 2007

Congressional Resources

Reports on Marketing Orders (Government Accountability Office, GAO)
Milk Marketing Orders: Option for Change (GAO, 1988)
The Role of Marketing Orders in Establishing and Maintaining Orderly Market Conditions (GAO, Comptroller General, 1985)
Analysis of Certain Aspects of the California-Arizona Naval Orange Marketing Order(GAO, 1981)
Marketing Order Program — An Assessment of Its Effect on Selected Commodities(GAO, 1976)
Administration of Marketing Orders for Fresh Fruits and Vegetables(GAO, 1974)

Additional Resources

Milk Marketing Order Statistics
Marketing Orders Posts (Ag & Food Law Blog)
California Department of Food and Agriculture Marketing Act
California Department of Food and Agriculture Marketing Order Agreements
Agricultural Marketing Resource Center: Overview of Marketing Agreements
Marketing Order Forms
An introduction to federal marketing orders

Publications

Federal Milk Marketing Orders: An Overview(CRS, 2017)
Effects of Milk Marketing Order Regulation on the Share of Fluid-Grade Milk in the United States (Balagtas et al., 89 Am. J. of Ag. Econ., April, 2007)
Milk Marketing Orders: Winners and Losers (Chouinard, 2005)
Milk Marketing Orders and Sanitation Regulation: Re-evaluating Marketing Orders’ Welfare Effects (Balagtas, 2004)
Marketing Order Impact on the Organic Sector: Almonds, Kiwifruit, and Winter Pears (Carman, 2004)
Mandated Marketing Programs for California Commodities (Lee, 1996)
Federal Marketing Orders: Their History and Purpose, Halloran (University of Hawaii at Manoa, 1994)
Federal Marketing Orders for Fruits, Vegetables, Nuts, and Specialty Crops, Powers (ERS, Rep. No. 629, 1990)
Fruit and Vegetable Marketing Orders in the United States, 1937-1987, a Review, French (International Society for Horticultural Science, 1988)
Guidelines for Fruit, Vegetable, & Specialty Crop Marketing Orders (USDA, 1982)
History of Milk Marketing Orders and Current Implications to Dairy Producers and Industry, Griffith (University of Tennessee Extension)
How Government Policies and Regulations Can Affect Dietary Choices(Ralston)