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USDAAMS
  • By Learn Laws®
  • Published 06/12/2026
  • Updated 06/12/2026

USDA Seeks Public Comment on Key Information Collection for Multi-State Pecan Marketing Order


The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) recently initiated a significant public comment period concerning the continued oversight of the nation's pecan industry. In a notice published in the Federal Register, AMS announced its intention to extend and revise an existing information collection crucial to Marketing Order No. 986, which regulates pecans grown in Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas. This move underscores the federal government's ongoing commitment to agricultural market stability and regulatory transparency, providing stakeholders an opportunity to weigh in on data collection practices until August 11, 2026.

Understanding Federal Marketing Orders and Pecans

Federal marketing orders are industry-funded programs authorized by the Agricultural Marketing Agreement Act of 1937. These orders allow producers of certain commodities to collectively address marketing challenges, such as ensuring product quality, managing supply, and funding research or promotion. For pecans, Marketing Order No. 986 establishes a framework for orderly marketing and aims to maintain fair prices for producers while ensuring a consistent supply of quality pecans for consumers. The American Pecan Council, often referred to simply as "the Council," is the industry-led body responsible for the local administration of this marketing order, operating under USDA supervision.

The Council's duties involve various activities, from setting quality standards to collecting market data, all designed to support the health of the pecan industry. The data collection process is fundamental to these operations, enabling the Council and AMS to monitor market conditions, assess program effectiveness, and make informed decisions.

Details of the Information Collection Request

AMS is specifically requesting an extension for and revision to the information collection associated with Marketing Order No. 986, identified by OMB Number 0581-0291. This collection, currently set to expire on December 31, 2026, encompasses 14 distinct forms. These forms are integral to the Council's ability to govern and manage the pecan marketing order effectively. They fall into several categories:

Governance and Industry Participation

Several forms facilitate the democratic processes within the marketing order and the Council itself. These include a grower referendum ballot (SC-313), two ballots for Council nominations (SC-307 and SC-308), and two nomination forms for both growers and shellers (SC-309 and SC-310). Additionally, background and acceptance statements for growers, shellers, and public members (SC-8 and SC-9) ensure transparency and accountability in leadership roles. These forms are vital for ensuring that the industry's voice is heard in the governance of the marketing order.

Market Monitoring and Reporting

The bulk of the information collection is dedicated to tracking market dynamics. Five key reporting forms allow the Council to monitor pecan movements and inventory:

  • APC-1: "Summary Report/U.S. Pecans Received For Your Account" This form helps track domestic pecan receipts.
  • APC-2: "Pecans Purchased Outside of the United States" This form monitors imported pecans, providing insights into international trade impacting the domestic market.
  • APC-3: "Exports by Country of Destination" This form provides crucial data on pecan exports, highlighting international demand and market access.
  • APC-4: "Annual Agreement of Inter-Handler Transfer" This form tracks transfers between handlers, helping to understand the distribution chain.
  • APC-5: "Year-End Inventory Report" This form offers a snapshot of pecan inventories, essential for assessing supply levels.

Completing the set are two marketing agreement forms (SC-242 and SC-242A), which likely pertain to specific agreements or compliance measures within the order.

Burden Estimates and Public Input

The notice details the estimated public reporting burden associated with these forms, as required by the Paperwork Reduction Act of 1995. AMS estimates an average burden of 0.31 hours per response. With an estimated 4,503 respondents, primarily pecan producers, handlers, shellers, and public members, and a total of 4,538 annual responses, the total annual burden on respondents is projected to be approximately 1,404.94 hours. Notably, the estimated recordkeeping hours are zero, suggesting the focus is on submission rather than extensive new record generation.

AMS is specifically inviting comments on four key areas:

  1. Necessity and Practical Utility: Whether the information collected is truly necessary for the agency's functions and possesses practical utility.
  2. Accuracy of Burden Estimate: The validity of the methodology and assumptions used to calculate the burden on respondents.
  3. Enhancing Quality and Clarity: Ways to improve the quality, utility, and clarity of the information collected.
  4. Minimizing Burden: Methods to reduce the burden on respondents, including the use of automated or electronic technologies.

All submitted comments will become part of the public record and will be summarized for inclusion in the final request for OMB approval. This public engagement phase is critical for refining the collection process and ensuring it remains effective and efficient for all parties involved.

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