A 2007 View On Marketing Orders

There are 29 federal marketing orders for fruits, vegetables, tree nuts, and specialty crops in effect, and four additional orders are authorized but not currently in use.

Most of the marketing orders govern grade, size, pack, and container, research, and market development/ promotion. Some also include regulations relating to flow to market, market allocation, producer allotments, and reserve pool. While the benefits gained under marketing orders have been substantial, they have been increasingly under fire, with some challenges reaching as high as the U.S. Supreme Court (onions).

The provision that has created the most controversy relates to market promotion. As branded fruits and vegetables gain market share, some producers have rallied against being assessed to support generic advertising. Another thorny issue is how to promote both conventional and organic through a generic program.