United States of America is modifying handling regulations for fresh kiwifruit to relax minimum size requirements across varieties, except for those of the Actinidia chinensis species, as part of a proposed rule under the Agricultural Marketing Agreement Act of 1937.
US Relaxes Kiwifruit Size Rules for Most Varieties
Minimum size requirements eased except for Actinidia chinensis species.
What changed
Minimum size requirements relaxed for all kiwifruit varieties except Actinidia chinensis species.
Import standards updated to match domestic handling regulations under section 8e.
Marketing order amended to improve market access and production flexibility.
Who it affects
Kiwifruit growers and packers must follow updated size designation charts for all varieties except Actinidia chinensis.
Importers of fresh kiwifruit must comply with new size requirements that align with domestic standards.
What to do
Review the proposed size requirement changes for your kiwifruit variety.
Submit written comments by the deadline if you want to provide feedback.
Prepare to implement new size standards once the rule is finalized.
Key dates
Compliance Analysis: Proposed Modifications to U.S. Kiwifruit Handling Regulations
Direct Answer
The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has proposed a rule under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601–674) to relax minimum size requirements for fresh kiwifruit, excluding Actinidia chinensis species. The changes would:
- Redefine Size 45 for non-Actinidia chinensis varieties to allow a maximum of 56 pieces per 8-pound sample (up from 55)1.
- Modify the Size Designation and Size Variation Chart in 7 CFR 920.302(a)(4) to add larger size designations (e.g., Size 12, Size 15) and adjust tolerances1.
- Apply corresponding changes to import regulations (7 CFR 944.550) under Section 8e of the Act, ensuring imported kiwifruit meet the same size standards1.
The proposed rule does not alter grade, quality, or maturity requirements for domestic or imported kiwifruit1.
Regulation Analysis
1. Key Provisions of the Proposed Rule
The table below summarizes the proposed changes to kiwifruit handling and import regulations:
| Regulation | Key Requirement | Threshold/Change | Authority |
|---|---|---|---|
| 7 CFR 920.302(a)(2) | Relaxes minimum size requirement for non-Actinidia chinensis kiwifruit by redefining Size 45 as a maximum of 56 pieces per 8-pound sample (previously 55)1. Actinidia chinensis varieties remain subject to the original 55-piece limit1. | Size 45: 56 pieces (up from 55) | Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601–674)1 |
| 7 CFR 920.302(a)(4) | Modifies the Size Designation and Size Variation Chart to: – Remove "or larger" from Size 18 (now defined as 25 pieces/8 lbs)1. – Add Size 12 (19 pieces/8 lbs) and Size 15 (22 pieces/8 lbs)1. – Increase size variation tolerances for Sizes 18 (from ½-inch to 1-inch) and 45 (from ¼-inch to ⅜-inch)1. | New sizes: 12, 15; revised tolerances for 18, 45 | Marketing Order No. 920 (7 CFR part 920)1 |
| 7 CFR 944.550 | Aligns import regulations with domestic size changes for non-Actinidia chinensis varieties, as required by Section 8e of the Act1. Imported kiwifruit are not subject to container/pack requirements1. | Size 45: 56 pieces (up from 55) for imports | Section 8e (7 U.S.C. 608e–1)1 |
| Committee Authority | The Kiwifruit Administrative Committee recommended the changes under § 920.51–920.53, citing industry shifts (e.g., introduction of Mega Kiwi variety) and the need for standardized large-size definitions1. | Unanimous vote (12–0) on April 9, 20241 | 7 CFR 920.51–920.531 |
2. Rationale and Industry Impact
Domestic Handling Regulations (7 CFR Part 920)
- Purpose: The proposed changes respond to:
- Expected Benefits:
Import Regulations (7 CFR Part 944)
- Section 8e Requirement: Any relaxation of domestic size standards must be mirrored in import regulations to prevent market distortions1.
- Scope: Applies only to size requirements; imported kiwifruit are exempt from container/pack regulations1.
- Expected Benefits:
3. Regulatory Flexibility and Compliance
Small Business Impact
- Regulatory Flexibility Act (RFA) Analysis: AMS determined the proposed rule would not disproportionately burden small entities1.
- Costs: No additional costs anticipated; changes are expected to reduce inspection inefficiencies1.
Alternatives Considered
- The Committee evaluated:
4. Implementation and Comment Period
- Proposed Effective Date: After final rule publication (comment period closes April 7, 2026)1.
- Comment Process: Written comments may be submitted to AMS via:
Summary Answer
The USDA’s proposed rule under the Agricultural Marketing Agreement Act of 1937 would relax minimum size requirements for fresh kiwifruit by:
- Redefining Size 45 for non-Actinidia chinensis varieties to allow 56 pieces per 8-pound sample (up from 55)1.
- Updating the Size Designation and Size Variation Chart to add larger sizes (e.g., Size 12, 15) and adjust tolerances1.
- Applying corresponding changes to import regulations (7 CFR 944.550) under Section 8e1.
The rule aims to standardize handling of larger kiwifruit varieties (e.g., Mega Kiwi) while maintaining quality standards. No additional costs are expected, and the changes align with industry recommendations1. Comments are due by April 7, 20261.
Sources
- ↩ WTO TBT notification 26-00782 — United States of America https://members.wto.org/crnattachments/2026/TBT/USA/26_00782_00_e.pdf