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10.155 MARKETING AGREEMENTS AND ORDERS

FEDERAL AGENCY
AGRICULTURAL MARKETING SERVICE, DEPARTMENT OF AGRICULTURE

AUTHORIZATION
Agricultural Marketing Agreement Act of 1937, as amended, 7 U.S.C. 601, 602, 608a-e, 612, 614, 624, 671-674; Omnibus Budget Reconciliation Act of 1987, Public Law 100-203, 7 U.S.C. 4501- 4513; Agriculture and Food Act of 1981, 7 U.S.C. 2242a.

OBJECTIVES
Marketing Agreements and Orders are designed to stabilize market conditions and improve returns to producers through the establishment of minimum prices, regulating the quality and quantity of commodities sold through commercial channels, and providing market promotion.

TYPES OF ASSISTANCE
Provision of Specialized Services; Advisory Services and Counseling.

USES AND USE RESTRICTIONS
The provisions of orders and agreements are designed specifically to meet the marketing and economic problems of the commodity or area covered. For dairy products, the orders establish orderly marketing conditions in the sale of milk by dairy farmers to handlers, whereas fruit, vegetable, nut, and grass seed, are established to regulate the quantity and quality of products sold in commercial channels.

Applicant Eligibility
Marketing orders are issued by the Secretary of Agriculture only after a public hearing where milk, fruit and vegetable producers, marketers, and consumers testify, and after farmers vote approval through a referendum. Growers of certain fruits, vegetables, and specialty crops (like nuts, raisins, olives, and hops). Dairy farmers are the primary applicants.

Beneficiary Eligibility
The beneficiaries are producers of milk, fruit and vegetable products.

Credentials/Documentation
Evidence (usually hearings) required indicating that agreement or order will assist in the orderly marketing of a commodity.

Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.

Application Procedure
Made in the form of a letter to the Secretary of Agriculture fully documenting the need for an agreement or order.

Award Procedure
Decision to establish or not to establish an agreement and order is made by the Secretary of Agriculture after public hearings and referendums are conducted.

Deadlines
None.

Range of Approval/Disapproval Time
Subject to time required to hold public hearings, investigations and to conduct a referendum. Approximately 1 year after start of public hearings.

Appeals
None.

Renewals
None.

Formula and Matching Requirements
None.

Length and Time Phasing of Assistance
Duration of agreement and order.

Reports
Quarterly and yearly financial and statistical reports are to be made to the applicable AMS commodity division by producers or handlers as provided for by each agreement and order.

Audits
Financial and program audits pertaining to marketing agreements and order transactions are made periodically.

Records
Financial and statistical records relating to the operation of the agreement and order are to be maintained for 3 years.

Account Identification
12-5209-0-2-605.

Obligations
(Salaries and expenses) FY 07 $15,493,000; FY 08 est $16,798,000; and FY 09 est not reported.

Range and Average of Financial Assistance
None.

PROGRAM ACCOMPLISHMENTS
(Marketing's conducted under agreements and orders) fiscal year 2006, estimate $24.9 billion.

REGULATIONS, GUIDELINES, AND LITERATURE
AH-421, Compilation of Agricultural Marketing Agreement Act; PA947, Can a Marketing Order Help?; PA-1095, Marketing Agreements and Orders for Fruits and Vegetables; AMS-565, Sources of Milk for Federal Order Markets by State and County; AMS-559, Questions and Answers on Federal Milk Marketing Orders; MB-27, The Federal Milk Marketing Order Program; SB-625, Federal Milk Order Market Statistics, Annual Summary; SB-624, Dairy Market Statistics, Annual Summary; MB-63, Market News Service on Dairy Products; How to Buy Dairy Products, HG-201; How to Buy Cheese, HG-193; How to Buy Butter, HG-148; Diary Products Grading Services, MB-69; Judging and Scoring Milk and Cheese, FB-2259.

Regional or Local Office
None.

Headquarters Office
Associate Administrator, Agricultural Marketing Service, Department of Agriculture, Washington, DC 20250. Telephone: (202) 720-4276.

Web Site Address
http://www.ams.usda.gov

RELATED PROGRAMS
10.051, Commodity Loans and Loan Deficiency Payments; 10.500, Cooperative Extension Service; 36.001, Fair Competition Counseling and Investigation of Complaints.

EXAMPLES OF FUNDED PROJECTS
None.

CRITERIA FOR SELECTING PROPOSALS
None.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)