The U.S. Department of Agriculture (USDA) is soliciting public comments on a new information collection initiative, published in the Federal Register on September 10, 2026. This move by the Agricultural Marketing Service (AMS) is designed to create new forms for its Specialty Crop Diversion Programs, which target producers of tree, vine, and bush commodities facing market gluts and depressed prices. The programs offer a voluntary mechanism for growers to manage excess acreage and align supply with market demand, ultimately seeking to stabilize agricultural markets.
Addressing Persistent Market Imbalances
Growers of specialty crops, particularly those with long-term investments in perennial crops like trees, vines, and bushes, often face significant challenges when market conditions lead to overproduction. Unlike annual crops, production cycles for these commodities span years, making it difficult for growers to quickly adjust supply in response to fluctuating demand or unexpected bumper harvests. This can result in plummeting prices, reduced profitability, and substantial financial losses for agricultural enterprises. The AMS programs provide a structured approach to mitigate these risks by facilitating the planned diversion or removal of crops, ensuring that these actions are not merely part of routine farm maintenance or natural replacement cycles, but are strategic responses to genuine market imbalances. The distinction between strategic removal and normal replacement is critical to the integrity and effectiveness of these programs, ensuring resources are directed where market intervention is most needed.
Regulatory Framework and New Forms
The legal authority for these programs stems from clause (3) of section 32 of the Agricultural Adjustment Act Amendment of 1935, as amended. This foundational agricultural legislation empowers the USDA to utilize a portion of customs duties to support farm income and prices through various means, including the purchase and diversion of surplus commodities. This historical legislative precedent has long provided a framework for federal intervention in agricultural markets to prevent severe price drops and maintain economic stability for producers. To operationalize the Specialty Crop Diversion Programs, AMS proposes new information collection forms under OMB Control No. 0581-NEW. These include application forms (SC-302A for trees, SC-302B for vines, SC-302C for bushes) and corresponding notification of removal forms (SC-303A, SC-303B, SC-303C). These forms are deemed essential for the effective administration of the programs, gathering only the minimum necessary information to ensure proper participant vetting, program compliance, and accurate tracking of diversion activities.
Information Management and Confidentiality
The collected data will be primarily utilized by authorized commodity and industry staff responsible for overseeing the specific diversion programs, with AMS regional and headquarters personnel serving as secondary users for oversight and program evaluation. The notice emphasizes that all information will be treated with strict confidentiality, in full compliance with the Privacy Act and the Freedom of Information Act. This commitment to data security and privacy is crucial for fostering grower trust and encouraging voluntary participation in these programs. Without assurances of confidentiality, growers might be hesitant to provide the necessary details for effective program administration. The agency estimates a modest public reporting burden, anticipating approximately 300 respondents annually, each spending about 0.3 hours per response, culminating in an estimated total of 165 annual burden hours across all participants. This burden estimate covers both application and notification processes.
Opportunity for Public Engagement
As part of the transparent regulatory process mandated by the Paperwork Reduction Act of 1995, the AMS explicitly invites public comment on four key areas by November 9, 2026: (1) the necessity and practical utility of the information collection for the proper performance of agency functions; (2) the accuracy of the agency's estimate of the burden, including the validity of the methodology and assumptions used; (3) potential enhancements to the quality, utility, and clarity of the information collected; and (4) strategies to minimize the reporting burden on respondents, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques. This public input phase is a critical component of the regulatory process, allowing stakeholders, including growers, industry associations, and legal professionals, to influence the final design and implementation of these important agricultural initiatives, ensuring they are both effective and efficient.
