Marketing order programs have a small business orientation, since most of these industries are composed of small entities, and there are many opportunities for small businesses to participate in the activities of the marketing order committees that locally administer the orders.

For example, all handlers (i.e., shippers) who are regulated under the orders, and others affected by the programs, can participate in the process by:

(1) Serving on committees or subcommittees;

(2) Attending numerous public meetings to consider regulatory and other issues; and

(3) Filing comments in response to proposed or interim rules published in the Federal Register.

In addition to the small business perspective that inherently characterizes the local administrative committees, USDA has specifically directed committees to fully consider small business impact in their deliberations and recommendations for changes under these programs.

Marketing orders place certain requirements on handlers. These requirements include mandatory assessments to fund the operations of the marketing order committees. In many programs, assessment funds are also used for research and development projects to improve production, distribution, and consumption. Also, many orders establish minimum grade, size, quality, and maturity requirements to promote repeat consumer purchases and increase demand. Order regulations may set the size, capacity, weight, dimensions, or pack of the containers used by the industry to eliminate deceptive packaging and pricing practices. Under orders with quality and pack regulations, handlers must obtain Federal or Federal-State inspection and certification that the commodity meets applicable requirements.

Fruit and Vegetable Programs has a policy of non-retaliation in its enforcement of fruit and vegetable marketing order programs which is designed to accommodate the special needs of small businesses through the use of a series of actions (e.g., a warning letter, a demand letter that results in payment of marketing order assessments, a stipulation agreement, a reduced penalty, or a letter of admonition). These actions are designed to give small businesses and other regulated entities notice of violations and opportunities to come into compliance without penalty. Moreover, the Department of Agriculture's Employee Responsibilities and Conduct Bulletin specifically prohibits actions which could be construed as retaliatory.

USDA encourages all producers and handlers to participate in the activities of marketing order committees and boards. It is USDA's policy that membership on industry-governed boards and committees accurately reflects the diversity of individuals served by the programs by including eligible women, minorities, and people with disabilities.

Definition of Minority: Black Americans; Hispanic Americans; Native Americans (American Indians or Eskimos); and Asian Pacific Americans.

Headquarters Small Business Contact

Marketing Order and Agreement Division

1400 Independence Avenue, S.W.

Stop 0237, Room 1406

Washington, D.C. 20250-0237

Phone: (202) 720-2491

Fax: (202) 720-8938

The National Ombudsman in the U.S. Small Business Administration receives complaints and comments from small business concerns and acts as a "trouble shooter" between them and federal agencies. Small business comments are forwarded to federal agencies for a high level review and federal agencies are requested to consider the fairness of their action.