On July 17, 2026, the U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) announced its intention to renew a longstanding recordkeeping requirement under the Export Fruit Acts. This notice, published in the Federal Register, directly impacts American exporters of fresh apples and grapes, requiring them to maintain documentation proving their produce meets specific quality standards for international shipment. The agency is now seeking public input on the administrative burden this compliance imposes, a process critical for maintaining the integrity and efficiency of U.S. agricultural exports.
Historical Context and Regulatory Mandate
The Export Apple Act, enacted in 1933, and the Export Grape and Plum Act, from 1960, serve a dual purpose to foster foreign trade for U.S.-grown produce and to safeguard the reputation of American agricultural products in global markets. These legislative frameworks are designed to prevent misrepresentation or deception regarding the quality of apples and grapes sold internationally. While the plum act exists, plums are not currently regulated under it. The Secretary of Agriculture is tasked with overseeing the implementation of these Acts and issuing relevant regulations.
Under these Acts, specifically 7 CFR part 33 for apples and 7 CFR part 35 for grapes, all fresh apples and grapes destined for foreign markets must undergo official USDA inspection and certification. There are specific exemptions for grapes shipped to Canada or Mexico and apples shipped in bulk bins to Canada. This inspection process ensures each shipment adheres to the quality and shipping requirements effective under the Acts. The primary instrument for this certification is the "Export Form Certificate" known as SC-205.
Compliance and Recordkeeping Requirements
The information collection requirements associated with these Acts are deemed essential for their proper administration and enforcement. While USDA inspectors complete the Export Form Certificate, exporters are mandated to retain a copy for their records. This retained certificate serves as verifiable proof of compliance with the quality and shipping standards. Shippers must be prepared to provide these paper or electronic copies upon USDA's request to monitor compliance with the regulations.
A significant procedural amendment in 2016, approved by the Office of Management and Budget (OMB) for information collection purposes, altered the recordkeeping responsibilities. Previously, carriers transporting goods on behalf of shippers were also required to maintain a copy of the SC-205. However, this requirement has since been removed for carriers, streamlining the process for transport companies and focusing the recordkeeping burden primarily on the exporters themselves.
Estimated Burden and Public Engagement Opportunity
The AMS has provided detailed estimates regarding the public recordkeeping burden associated with this information collection. The agency projects that the average burden per response is 0.108 hours. There are an estimated 200 respondents, comprising approximately 150 apple shippers and carriers and 50 grape shippers and carriers. With an estimated 90,000 annual responses, the total annual burden on respondents is calculated at 9,750 hours. These figures are central to the agency's assessment of the regulatory impact.
The current notice initiates a critical 60-day public comment period, inviting all interested parties to submit their feedback by September 15, 2026. The AMS is specifically soliciting comments on four key areas: first, the necessity and practical utility of the information collection; second, the accuracy of the agency's estimate of the burden, including the validity of its methodology and assumptions; third, strategies to enhance the quality, utility, and clarity of the information collected; and fourth, ways to minimize the burden on respondents, potentially through the use of appropriate automated, electronic, or other technological collection techniques.
Implications for Stakeholders and Future Outlook
For apple and grape exporters, this renewal signifies the continuation of established compliance practices vital for accessing international markets. The opportunity to provide direct feedback to the USDA underscores the agency's adherence to the Paperwork Reduction Act of 1995, which aims to minimize the federal paperwork burden on the public. Industry stakeholders, including growers, exporters, and relevant trade associations, have a direct avenue to voice concerns or suggest improvements that could impact operational costs and overall efficiency.
The ongoing nature of these regulations highlights the persistent federal interest in maintaining high standards for agricultural exports, which are vital for the U.S. economy and its global trade reputation. The public comment period represents a crucial juncture for industry and regulators to collaborate, ensuring the regulations remain effective in achieving their goals while also being practical and efficient for those who must comply with them.
