Fresh Produce Discussion Blog

Created by The Packer's National Editor Tom Karst

Tuesday, May 20, 2008

Managers' statement: the Hass avocado maturity provision

The managers' statement on the Hass avocado provision. The House language was more prescriptive for the USDA (and troubling for exporters in Mexico and Chile), but the farm bill conference adopts the Senate version, which seems little different than current law:

(12) Maturity requirements for Hass avocados
The House bill: (1) amends subtitle A of the Agricultural Marketing Act of 1946 by adding at the end of the title a new section, (2) requires the Secretary to issue regulations requiring all Hass avocados sold in the U.S. to meet a minimum maturity requirement, (3) allows for exceptions from this requirement for avocadoes intended for charities, relief agencies or processing, (4) uses existing inspectors that already inspect avocadoes under other orders, and allows the Secretary to collect fees to pay for inspection activities, (5) imposes civil penalties between $50 and $5,000 for each violation, (6) allows for the diversion of avocados that don’t meet the maturity requirements, and (7) authorizes appropriations for necessary sums. (Section 10108)
The Senate amendment contains a freestanding provision which authorizes an
organization of domestic avocado producers to submit to the Secretary a proposal for a grades and standards marketing order for Hass avocados. Once that proposal is received, the Secretary is required to initiate established procedures under the normal marketing order process for the purpose of determining whether there is sufficient industry support for the proposal submitted by the organization. If the Secretary deems it appropriate to establish a marketing order, the language also requires the Secretary to complete that order within 15 months. (Section 1856)
The Conference substitute adopts the Senate provision. (Section 10108)

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