The Department is responsible for the administration of all farm product Marketing Orders except those involving dairy products. Orders currently in place include the Apple Marketing Order, Apple Research and Development Program, Sour Cherry Marketing Order, Onion Research and Development Program, and the Cabbage Research and Development Program. Combined, these orders generate about $2 million in industry funds annually which are used to market and promote the subject products and to support market and production research.
Marketing Orders are initiated by grower-submitted and supported petitions which outline the industry-specific issues that might require the Department to collect assessments from producers for the purpose of marketing and/or research. Departmental review, public hearings, and a referendum vote by producers aid in determining if the order is to be adopted. Marketing Orders are also voted on periodically to ensure they are still endorsed by industry staff. For more information on this process, please contact us.
Suspension of the Sour Cherry Marketing Order
Commissioner Ball has approved a suspension of the Sour Cherry Marketing Order (SCMO), based on the recommendation of New York State’s SCMO Advisory Committee. As provided in the law governing Marketing Orders (Urban Development Corporation Act 174/68 Section 16-Y; found in the “Laws and Regulations” section of this page), the suspension of a Marketing Order may be imposed based on the advice and consent of the appropriate advisory board. Both marketing activities and assessment collections for the SCMO are currently suspended through the 2021-22 growing and marketing season. The issues surrounding this suspension can be found in the official Notice of Suspension, below. The SCMO Advisory Committee and the Department will continue discussions on New York State’s sour cherry industry leading into the following year, to determine whether activities should resume.
2021 Apple Research and Development Program Continuing Referendum
The Department asks New York State apple growers to please take notice of a referendum to be conducted by the Commissioner of Agriculture and Markets of the State of New York, pursuant to Sections 16-Y and16-Z of Urban Development Corporation Act 174/68, as well as §204.12 of Title One of the Official Compilation of Codes, Rules and Regulations of the State of New York (1 NYCRR). The referendum is to determine whether the New York State Apple Research and Development Program should be continued. The continuation of the order is subject to the approval of not less than 50 percent of all New York State apple growers participating in the referendum.
Any entity engaged within New York State in the business of producing, or causing to be produced, apples for any market in 2020 is entitled to vote in the referendum. “Entity” in this case, means any individual, firm, corporation, partnership, company, or unincorporated association. Note, however, that if a producing entity is composed of more than one individual (for example, a business, a partnership, or a corporation), only one vote may be cast by that producer.
If eligible to vote, your ballot must be mailed into the Department no later than February 8, 2021 via the following address:
State of New York
Department of Agriculture and Markets
Division of Agricultural Development
10B Airline Drive
Albany, New York 12235
Legal and regulatory information on all of New York State’s Marketing Order programs can be found in the Laws and Regulations section on this web page.
Laws and Regulations
Below are the laws and program regulations concerning current Marketing Orders (except for dairy). If you are a grower, processor, or sales agent of either of the crops listed, please also refer to the “Reports” section of this page for additional program requirements.
The New York State Apple Marketing Order (AMO) Advisory Board is seeking proposals to enhance the competitive position of New York’s apple industry, identify new or emerging market opportunities, or develop innovative promotional initiatives to increase the sale and consumption of New York apples. The proposal(s) selected through this request would be funded by the AMO, which collects approximately $2M annually.
The Board is seeking interest from organizations capable of performing market research or those with experience implementing marketing strategies to increase produce sales. If interested in applying, an organization must submit a detailed proposal to the Department. Please review the below document for more details. Submissions are due to the Department by April 12, 2020.
Under active Marketing Orders, growers, processors, and/or sales agents of subject crops may be required to submit reports to the Department based on their planted acreage and/or sales of that crop. An assessment is calculated based on these reports.
Payments are to be sent in to the Department via the following address, with checks made payable to “Empire State Development”:
New York State Department of Agriculture and Markets
Attention: Division of Agricultural Development
10B Airline Drive
Albany, New York 12335
Below are the reports required for current Marketing Orders. Please read the instructions carefully.