REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB No. 0581-0177

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Memorandum of Agreement

Between Handlers

Regarding Responsibilities for Tart Cherry Production under

The Marketing Order for Red Tart Cherries

Crop Year June _____ through July _____

There are circumstances when a handler might process cherries under agreement to and for the 

benefit of another handler. This causes some confusion regarding treatment of products

processed under this arrangement.

This agreement delineates the responsibilities between handlers with respect to red tart cherries 

handled by the respective parties. The parties to this transaction are:

___________________________________ , the Selling Handler, and

___________________________________ , the Buying Handler,

who shall be referred to as “Seller” and “Buyer,” respectively.

The default position of the order is that the originating handler, the handler that first receives tart 

cherries, is responsible for all aspects, duties and responsibilities relating to the requirements of 

the marketing order for tart cherries. This default position will control unless there is written

agreement between the seller and buyer by which the responsibilities are acknowledged and 

accepted.

The handlers hereby assign the duties and responsibilities relating to the requirements of the 

marketing order for tart cherries in the manner and by the entity as indicated below:

Responsibility: Seller Buyer

Form 1 reporting

Form 2 reporting

Form 4 reporting and restriction

Assessment obligation

The parties hereby acknowledge and agree to the allocation of responsibilities as outlined above.

Selling Handler: ______________________

By:

Signature

Print Name

Date:

___ / ___ / ___

Buying Handler: ______________________

By:

Signature

Print Name

Date:

___ / ___ / ___

ORIGINAL, signed by both parties, and sent to the CIAB. BLUE, with Selling Party’s signature, 

sent to CIAB at time of agreement. YELLOW, retained by Selling Party. PINK, with both 

signatures, returned to Selling Party. GOLD, retained by Buying Party for records

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a 

collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0581-

0177. The time required to complete this information collection is estimated to average 2 minutes per response, including the time for reviewing 

instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of 

information.
REPRODUCE LOCALLY. Include form number and date on all reproductions. OMB No. 0581-0177

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In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its 

Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on 

race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, 

family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in 

any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by 

program or incident. 

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American 

Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA

through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. 

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at 

http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of 

the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to 

USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW 

Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, 

employer, and lender.