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AMERICAN PECAN COUNCIL

This rule establishes a marketing agreement and order (order) for pecans grown in Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas.  The order provides authority to collect industry data and to conduct research and promotion activities.  In addition, the order provides authority for the industry to recommend grade, quality and size regulation, as well as pack and container regulation, subject to approval by the Department of Agriculture (USDA).  The program will be financed by assessments on handlers of pecans grown in the production area and will be locally administered, under USDA oversight, by the American Pecan Council (Council).

ROLE OF THE AMERICAN PECAN COUNCIL

The marketing order authorizes data collection; research and promotion activities; and regulation of grade, size, quality, pack and containers for pecans. The Council is comprised of six sheller members, nine producer members representing three districts, an accumulator member and a public member. Each member will have one alternate. Initial members and alternates will be nominated to four-year terms. The Council assists the Secretary of Agriculture with the operations of the program: quality regulations, research and promotion, pack and container requirements, and data collection.

THE PECAN HANDLER

All handlers of pecans are under the jurisdiction of the Marketing Order. A handler is defined as anyone who receives, shells, cracks, accumulates, warehouses, roasts, packs, sells, consigns, transports, exports, or ships (except as a common or contract carrier of pecans owned by another person), or in any other way to put inshell or shelled pecans into any and all markets in the stream of commerce either within the area of production or from such area to any point outside thereof. The term “to handle” shall not include: sales and deliveries within the area of production by growers to handlers; grower warehousing; custom handling (except for selling, consigning or exporting) or other similar activities paid for on a fee-for-service basis by a grower who retains the ownership of the pecans; or transfers between handlers. All handlers are required to comply with the Marketing Order Rules and Regulations.

GROWERS OPERATING AS A HANDLERS

Some scenarios of growers operating as a handler include shelling product, directly exporting, and selling direct to consumer in retail.

If you have any questions regarding the status of your operation, please contact industry@americanpecan.com.

2019 CROP YEAR OPERATIONS CALENDAR:

The handler crop year is from September 1st through August 31st of each year. Handlers are required to submit reporting forms regarding the U.S. pecans received, shipments, inventory, commitments, transfers to another handler, exports, imports, and U.S. pecans shipped to Mexico to be shelled and then returned to the U.S. as shelled meats. You can review all reporting form requirement and assessment deadlines in the 2019 crop year Operations Calendar.

Please send assessments and forms to:

American Pecan Council P.O. Box 100398 Fort Worth, Texas 76185 Email: forms@americanpecan.com Fax: 866-232-0085 Please direct all questions and/or comments to the American Pecan Council office at 817-916-0020
or you may contact us by email, forms@americanpecan.com

REFERENCE DOCUMENTS
eCFR – Code of Federal Regulations (PDF)
Identifying the Handler (PDF) FAQ’s – Forms and Assessments (PDF)
Schedule of Forms Due Dates (PDF)

2019 Reporting Forms for 2019-2020 Crop Year

Download:

Form 1 with Instructions (PDF | EXCEL)
Form 2 with Instructions (PDF | EXCEL)
Form 3 with Instructions (PDF | EXCEL)
Form 4 with Instructions (PDF | EXCEL)
Form 5 with Instructions (PDF | EXCEL)
Form 6 with Instructions (PDF | EXCEL)
Form 7 with Instructions (PDF | EXCEL)
2018 Reporting Forms for 2018-2019 Crop Year

Download:

Form 1 with Instructions (PDF | EXCEL)
Form 2 with Instructions (PDF | EXCEL)
Form 3 with Instructions (PDF | EXCEL)
Form 4 with Instructions (PDF | EXCEL)
Form 5 with Instructions (PDF | EXCEL)
Form 6 with Instructions (PDF | EXCEL)
Form 7 with Instructions (PDF | EXCEL)
2017 Reporting Forms for 2017-2018 Crop Year

Download:

Form 1 with Instructions (PDF | EXCEL)
Form 2 with Instructions (PDF | EXCEL)
Form 3 with Instructions (PDF | EXCEL)
Form 4 with Instructions (PDF | EXCEL)
Form 5 with Instructions (PDF | EXCEL)
Form 6 with Instructions (PDF | EXCEL)
Form 7 with Instructions (PDF | EXCEL)
2016 Reporting Forms for 2016-2017 Crop Year

Download:

Form 4 with Instructions (PDF | EXCEL)
Form 7 with Instructions (PDF | EXCEL)

Frequently Asked Questions

Who is considered a handler?

The definition of to handler cited in 7 CFR 986 is included below for reference.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

§986.20   To handle.
To handle means to receive, shell, crack, accumulate, warehouse, roast, pack, sell, consign, transport, export, or ship (except as a common or contract carrier of pecans owned by another person), or in any other way to put inshell or shelled pecans into any and all markets in the stream of commerce either within the area of production or from such area to any point outside thereof. The term “to handle” shall not include: sales and deliveries within the area of production by growers to handlers; grower warehousing; custom handling (except for selling, consigning or exporting) or other similar activities paid for on a fee-for-service basis by a grower who retains the ownership of the pecans; or transfers between handlers.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Some scenarios where a grower would be classified as a handler are listed below.

  • Grower shelling own product
  • Grower selling own product in retail
  • Grower directly exporting inshell pecans to another country

Who is the American Pecan Council?

The American Pecan Council is the Federal Marketing Order for the pecans grown in the states of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas. The regions within the production area consist of the following:

  • Eastern Region, consisting of: Alabama, Florida, Georgia, North Carolina, South Carolina
  • Central Region, consisting of: Arkansas, Kansas, Louisiana, Mississippi, Missouri, Oklahoma, Texas
  • Western Region, consisting of: Arizona, California, New Mexico

The American Pecan Council consists of 17 members selected by the Secretary, each of whom shall have an alternate member nominated with the same qualifications as the member. The 17 members include nine (9) grower seats, six (6) sheller seats, and two (2) at-large seats allocated to one accumulator and one public member. Each region is allocated to the following member seats:

  • Eastern Region: Three (3) growers and two (2) shellers;
  • Central Region: Three (3) growers and two (2) shellers;
  • Western Region: Three (3) growers and two (2) shellers.

For more information, please visit the United States Department of Agriculture – Agricultural Marketing Services (AMS) website.

What are the dates for each crop year?

The pecan crop year begins September 1st and goes through August 31st.

What are the reporting form requirements for each crop year?

Handlers of pecans are Federally Mandated to submit required reporting forms to the Council office. Below, we have outlined the reporting form requirements by crop year. Please note, the monthly reporting forms are due to the Council office by the 10th day of each month. Handlers will not submit FORM 7 until after August 31st of each crop year and is due by September 10th. Handlers will submit FORM 4 as it occurs.

  • 2016 Crop Year – October 1, 2016 through August 31, 2017
    • FORM 4 (if applicable) and FORM 7
  • 2017 Crop Year – September 1, 2017 through August 31, 2018
    • September 1, 2017 through March 31, 2018 – Summarized FORM 1,2,3,5, and 6
    • Beginning April 2018, FORM 1-6 is to be submitted monthly through August 2018
    • FORM 4 as it occurs
    • FORM 7 as of August 31, 2018
  • 2018 Crop Year – September 1, 2018 through August 31, 2019
    • FORM 1, 2, 3, 5, 6 monthly
    • FORM 4 as it occurs
    • FORM 7 as of August 31, 2019

What is a commitment?

Commitments are reported monthly on the Shipments and Inventory on Hand – Form 2 located under “Commitments to ship to trade sources & other handlers”.

Commitments – Pecans held in your inventory beyond the current reporting period month that have been sold (whether the monies have been partially or fully received) and are no longer available for sale. Commitments include short-term, “spot sales”, and long-term commitments as long as the committed pecans (sold) are held in your inventory past the current reporting period month. Please note, you will continue to include the pecans you have under commitments until it has been reported as a shipment and has left your inventory or possession.

Examples:

  • There is a domestic “spot sale” or short-term commitment for 1,000 lbs inshell in September and will be fulfilled the following reporting period in October. If 500 lbs inshell were shipped out to retail during that reporting period (September), you would enter 500 lbs as an “Inshell” shipment, and the remaining 500 lbs inshell which is sold but remains in your inventory past the current reporting period would be entered as a domestic commitment until the month it leaves your inventory. If you fulfill the commitment in October, you would enter the remaining 500 lbs inshell as a shipment. Because it was shipped out and the entire commitment was fulfilled in October, it will be deducted from your inventory number and no longer included under commitments.

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