[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Proposed Rules]
[Pages 52047-52051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26510]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 /
Proposed Rules
[[Page 52047]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966 and 7 CFR Part 980
[Docket No. FV97-966-1 PR]
Tomatoes Grown in Florida and Imported Tomatoes; Proposed Rule To
Change Minimum Size and Size Designation Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposal would increase the minimum diameter size
requirement for Florida and imported tomatoes. For Florida tomatoes
alone, the rule would change the size designations from Medium, Large,
and Extra Large to numeric size designations of 6 x 7, 6 x 6, and 5
x 6. The rule also would slightly increase the diameter size ranges
for the designated sizes. The marketing order regulates the handling of
tomatoes grown in Florida, and is administered locally by the Florida
Tomato Committee (Committee). This proposed rule would help the Florida
tomato industry meet domestic market and industry demands, provide
handlers more marketing flexibility, and increase returns to producers,
as well as provide consumers with slightly larger, more mature
tomatoes. Application of the size requirement increase to imported
tomatoes is required under section 8e of the Agricultural Marketing
Agreement Act of 1937.
DATES: Comments must be received by October 16, 1997.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent in triplicate to the
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S,
P.O. Box 96456, Washington, DC 20090-6456; Fax: (202) 720-5698. All
comments should reference the docket number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Christian Nissen, Southeast Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, 301 Third Street, N.W., Suite 206,
Winter Haven, Florida 33881; telephone: (941) 299-4770, Fax: (941) 299-
5169; and George Kelhart, Marketing Order Administration Branch, Fruit
and Vegetable Division, AMS, USDA, room 2525-S, P.O. Box 96456,
Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202) 720-
5698. Small businesses may request information on compliance with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, room 2525-S, P.O. Box
96456,Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202)
720-5698.
SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing
Agreement No. 125 and Marketing Order No. 966, both as amended (7 CFR
part 966), regulating the handling of tomatoes grown in certain
designated counties in Florida, hereinafter referred to as the
``order.'' The marketing agreement and order are effective under the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.''
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This proposal will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after the date of the entry of the ruling.
Section 8e of the Act specifies that whenever certain specified
commodities, including tomatoes, are regulated under a Federal
marketing order, imports of those commodities must meet the same or
comparable grade, size, quality, and maturity requirements as those in
effect for the domestically produced commodity. There are no
administrative procedures which must be exhausted prior to any judicial
challenge to the provisions of import regulations issued under section
8e of the Act.
Under the order, tomatoes produced in the production area and
shipped to fresh market channels outside the regulated area are
required to meet grade, size, inspection, and container requirements.
These requirements are specified in Sec. 966.323 of the handling
regulations issued under the order. These requirements apply during the
period October 10 through June 15 each year. The regulated area is the
entire State of Florida, except the panhandle. The production area is
part of the regulated area. Specialty packed red ripe tomatoes, yellow
meated tomatoes, and single and double layer place packed tomatoes are
exempt from container net weight requirements.
Under Sec. 966.323, all tomatoes, except for pear shaped, paste,
cherry, hydroponic, and greenhouse tomatoes, must be inspected as
specified in the United States Standards for Grades of Fresh Tomatoes
(7 CFR part 51.1855 through 51.1877; standards). Such tomatoes also
must be at least 28/32 inches in diameter, and sized with proper
equipment in one or more of the following ranges of diameters.
------------------------------------------------------------------------
Inches Inches
Size Designation minimum maximum
diameter diameter
------------------------------------------------------------------------
Medium............................................ 2 8/32 2 17/32
Large............................................. 2 16/32 2 25/32
Extra Large....................................... 2 24/32 .........
------------------------------------------------------------------------
[[Page 52048]]
These size designations and diameter ranges are the same as
specified in Sec. 51.1859 of the standards. All tomatoes in the Medium
size designation are required to grade at least a U.S. No. 2, while
tomatoes in the larger size designations are only required to grade at
least a U.S. No. 3. Section 966.52 of the order provides authority for
the establishment and modification of regulations applicable to the
handling of particular sizes and size designations of tomatoes.
This rule would increase the minimum diameter size requirement for
Florida tomatoes from 2\8/32\ inches to 2\9/32\ inches and would make
conforming changes to container marking requirements and the regulation
for special packed tomatoes. This rule would also rename the size
designations from Medium, Large, and Extra Large to numeric size
designations of 6 X 7, 6 X 6, and 5 X 6 (respectively), and increase
the diameter size ranges for the designated sizes. These size ranges
are different from those specified in Sec. 51.1859 of the standards. On
September 5, 1997, the Committee met and unanimously recommended these
changes. At the same meeting, the Committee recommended by a vote of 10
to 2 to eliminate shipments of U.S. No. 3 grade tomatoes from the
regulated area. That proposal will be addressed in a separate
rulemaking action.
Based on an analysis of markets and demands of buyers, the
Committee believes that the increase in minimum size would improve the
marketing of Florida tomatoes. By increasing the minimum size, the
tomatoes would be slightly larger and, thus, more mature when packed.
This follows recent industry trends to ship larger and more mature
tomatoes. New commercial tomato varieties also have resulted in larger
sized tomatoes being shipped in response to a strong consumer demand.
Because of this demand, production of larger tomatoes has been a
popular method of improving returns among producers as it also
increases total yields.
The Committee also recommended the increase in minimum size
requirements to improve the uniformity and appearance of tomato packs.
The slightly smaller tomatoes in the Medium packs increase the size
variability of the pack and are more likely to be immature and have
less taste. The current minimum size of 2\8/32\ inches allows these
tomatoes to be combined with more mature tomatoes, which lowers the
overall quality and price of the pack. This has resulted in complaints
from buyers throughout the market.
In the mid-1980's, Dr. Jeffrey K. Brecht, at the University of
Florida, did a study of smaller tomatoes. According to his findings,
fully mature green tomatoes begin coloring within a few days of
harvesting and ripen at 68 degrees Fahrenheit. Since they are not
easily identified by a surface indicator (color) of full maturity in
green fruit, pickers are forced to rely on size rather than maturity
when harvesting tomatoes. The result of this is that tomatoes of 2\8/
32\ of an inch may require two weeks or more to begin ripening.
Attainment of the full ripe stage requires on average a week to 10 days
additional time. Hence, the full ripening process could take as long as
four weeks. Tomatoes that take this long to ripen after harvest have
been shown to have poor taste. Hence, increasing the minimum size to
2\9/32\ inches for Medium tomatoes is expected to help reduce this
problem. Also, consumers are demanding a slightly larger tomato and
smaller tomatoes with a less uniform pack have poor consumer acceptance
especially in chain stores.
The increase in the minimum size from 2\8/32\ inches to 2\9/32\
inches is not expected to significantly affect the total number of
shipments. During the 1996-1997 season, of the 47,879,084 containers of
25,000 pound equivalent shipments, approximately 15 percent or about
7,023,239 shipments of 25,000 pound equivalents from Florida were of
the Medium size designation. The Medium size covers a range of 2\8/32\
to 2\17/32\ inches or about \9/32\ of an inch. The \1/32\ increase in
size requirements is only expected to reduce total shipments by
approximately 1.5 percent.
The Committee also recommended the following new designations and
tomato diameter size ranges:
------------------------------------------------------------------------
Inches Inches
Size designation minimum maximum
diameter diameter
------------------------------------------------------------------------
6 x 7 (Currently Medium)........................ 2\9/32\ 2\19/32\
6 x 6 (Currently Large)......................... 2\17/32\ 2\27/32\
5 x 6 (Currently Extra Large)................... 2\25/32\
------------------------------------------------------------------------
The current size designations have been in place since 1991, and
were designed to provide a uniform basis for marketing tomatoes.
However, the numeric designations have continued to be used by
marketers and retailers of tomatoes and are an important factor in
negotiating price and other terms of trade. Committee members stated
that numeric designations are used in negotiating price and other terms
of trade and is the terminology used primarily in marketing tomatoes.
Florida tomato handlers found that this difference in terminology
hindered their negotiations with buyers, and adversely affected handler
and producer returns. The handlers believe that buyers tend to discount
Florida tomatoes because the buyers do not have confidence that the
Medium, Large, and Extra Large designations correctly correspond with
the industry recognized size designations of 6 x 7, 6 x 6, and 5
x 6. Thus, the change in size designations would put the Florida
tomato industry on the same terminology basis as the marketers of
tomatoes from other growing areas. This also would reduce the chances
of market confusion and possible problems with market pricing.
This rule would also increase the minimum and maximum diameter
ranges of the three size designations. The net increase for the maximum
diameters for the Medium (6 x 7) and Large (6 x 6) size
designations would be \1/32\ inch. This would result in a \2/32\'s
overlap in the maximum diameters in these size designations to the next
larger size. According to the Committee, this would provide a more even
distribution of tomato shipments throughout the three size
designations, which would enable handlers to make better decisions on
which size of tomatoes to pack. For instance, tomatoes that measure at
the top end of the Medium size can either be packed with Medium size
tomatoes or as a smaller tomato with Large tomatoes. The same increased
flexibility would exist for Large tomatoes packed with Extra Large (5
x 6) tomatoes. Such decisions could depend on specific buyer or market
demands, on general crop size, and on condition of the tomatoes and
prices on each day of packing.
According to the Committee, problems have evolved in sizing some of
the newer varieties that are slightly more oblong. To better
accommodate sizing of the new varieties, the Committee recommended the
changes to the diameter size ranges for the three size designations.
Due to strong consumer demand, during the 1996-1997 season
approximately 80 percent of the tomatoes sold were in the Extra Large
(5 x 6) size designation. This rule would increase the minimum
diameter of the Extra Large (5 x 6) designation to 2\25/32\ inches
from 2\24/32\ inches with no maximum. Increasing the minimum diameter
size of this designation by \1/32\ inch for Extra Large (5 x 6)
packs, would reduce the number of smaller sized tomatoes for that size
designation. Hence, this is expected to decrease size
[[Page 52049]]
variability and improve uniformity of this premium pack. Thus,
improvements in this size category are expected to further enhance
consumer demand resulting in increased returns to producers.
Also, a study conducted by Dr. John J. VanSickle at the University
of Florida, estimates that size increases could result in an increase
in the overall price of Florida tomatoes. The study indicates that if
increasing the size limits shifted 1 percent of the Extra Large (5 x
6) tomatoes into the smaller size categories then prices for Extra
Large (5 x 6) tomatoes would increase. The price of Extra Large (5
x 6) tomatoes could increase by .25 percent, the price of Large (6 x
6) tomatoes by .15 percent, and the price of Medium (6 x 7) tomatoes
by .07 percent. The increase in price would occur because of the
redistribution of larger sized tomatoes into the smaller size
designations which responds to consumer demand for a more consistent
pack and slightly larger tomatoes.
This rule would also make conforming changes to Sec. 966.323
paragraphs (a)(2)(iii) concerning container marking requirements and
(d)(3) for special packed tomatoes. This would increase the currently
applied minimum size of 2\8/32\ to 2\9/32\ inches in diameter.
Thus, these changes are expected to increase returns to producers
by improving size consistency, quality, and maturity, and, thus,
encourage repeat purchases from consumers. The new size designations
would allow handlers to respond better to market preferences which is
expected to benefit producers and handlers of Florida tomatoes.
Section 8e of the Act requires that when certain domestically
produced commodities, including tomatoes, are regulated under a Federal
marketing order, imports of that commodity must meet the same or
comparable grade, size, quality, or maturity requirements for the
domestically produced commodity. The current import regulations are
specified in 7 CFR 980.212. Similar to the order, regulations apply
during the period October 10 through June 15 when the Florida handling
requirements are in effect. Because this proposal would increase the
minimum size for domestic tomato shipments, this increase would be
applicable to imported tomatoes.
Florida tomatoes must be packed in accordance with three specified
size designations, and tomatoes falling into different size
designations may not be commingled in a single container. These pack
restrictions do not apply to imported tomatoes. Because pack
requirements do not apply, different sizes of imported tomatoes may be
commingled in the same container.
However, the handling requirements also specify that tomatoes that
are designated as Medium (6 X 7) must meet a U.S. No. 2 grade, while
the larger sizes are required to meet a U.S. No. 3 grade. The more
stringent grade requirements are applied to the Medium (6 X 7) size
designation because of quality problems with smaller tomatoes.
Similarly, current import requirements specify that all lots with a
minimum diameter of 2 \17/32\ inches and larger shall meet at least a
U.S. No. 3 grade. All other tomatoes shall meet at least a U.S. No. 2
grade. Any lot with more than 10 percent of its tomatoes less than 2
\17/32\ inches in diameter is required to grade at least U.S. No. 2.
This proposed rule would change these requirements to reflect the
changes to the handling requirements by requiring that all lots with a
minimum diameter of 2 \19/32\ inches and larger meet at least a U.S.
No. 3 grade. All other tomatoes would need to meet at least a U.S. No.
2 grade. Any lot with more than 10 percent of its tomatoes less than 2
\19/32\ inches in diameter would have to grade at least U.S. No. 2.
These changes are expected to benefit the marketers of both Florida
and imported tomatoes by providing consumers with better quality,
higher maturity, and slightly larger tomatoes. The Department has
contacted a few tomato importers concerning imports. The importers
indicated that they are importing larger sizes of tomatoes. Thus, the
Department believes that the proposed increase will not limit the
quantity of imported tomatoes or place an undue burden on exporters, or
importers of tomatoes. The expected increase in customer satisfaction
should benefit all tomato importers regardless of size.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. Accordingly, the AMS
has prepared this initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility. Import regulations issued under
the Act are based on those established under Federal marketing orders
which regulate the handling of domestically produced products.
There are approximately 65 handlers of Florida tomatoes who are
subject to regulation under the order and approximately 75 tomato
producers in the regulated area. In addition, at least 170 importers of
tomatoes are subject to import regulations and would be affected by
this proposed rule. Small agricultural service firms have been defined
by the Small Business Administration (SBA) (13 CFR 121.601) as those
having annual receipts of less than $5,000,000, and small agricultural
producers are defined as those having annual receipts of less than
$500,000.
Committee data indicates that approximately 20 percent of the
Florida handlers handle 80 percent of the total volume. Based on this
information, the shipment information for the 1996-97 season, and the
1996-97 season average price of $7.97 per 25,000 pound equivalent
carton, the majority of handlers would be classified as small entities
as defined by the SBA. The majority of producers of Florida tomatoes
may be classified as small entities. The Department also believes that
most importers may be classified as small entities.
Under Sec. 966.52 of the Florida tomato marketing order, the
Committee has authority to increase the minimum size requirement and
change the size designations for Florida tomatoes grown in the defined
production area and handled under the order. This proposed rule,
unanimously recommended by the Committee at its September 5, 1997,
meeting, would increase the minimum size, change size designations and
corresponding diameter size ranges. As provided under the Agricultural
Marketing Agreement Act of 1937, the proposed increases in the minimum
diameter size requirements would apply to imported tomatoes.
Based on analysis of markets and demands of buyers, the Committee
recommended increasing the minimum size from 2\8/32\ inches to 2\9/32\
inches in diameter and the corresponding minimum sizes for the other
two size designations. The Committee believes these size increases will
improve the marketing of Florida tomatoes. By increasing the minimum
sizes, the tomatoes would be slightly larger and, thus, more mature
when packed. This follows recent industry trends to ship larger and
more mature tomatoes. Current trends in cultural practices and new
commercial tomato varieties also have resulted in larger sized tomatoes
being shipped in response to consumer demand for such tomatoes. Because
of
[[Page 52050]]
this demand, production of larger tomatoes has been a popular method of
improving returns among producers as it also increases total yields and
total pounds. While yields increase with larger fruit, the labor costs
associated with picking these tomatoes remains fairly constant because
producers pick relatively the same number of fruit.
The change in the minimum size was recommended because demand for
larger tomatoes has increased over the last five years. This in part is
due to the fact that size continues to be a major influence on price.
According to Dr. John J. VanSickle of the University of Florida, the
percent of Extra Large (5 X 6) tomatoes shipped has increased steadily
since 1992-1993 from 43.2 percent to 50 percent in 1996-1997 for mature
green tomatoes. Mature green tomatoes are green but are developed
enough to continue to fully ripen. Meanwhile, the percent marketed in
the Extra Large (5 X 6) size for vine ripe tomatoes has increased from
66.6 percent to 79.2 percent. Vine ripe tomatoes have at least started
to break into color from green to tannish-yellow, pink, or red.
The increase in the minimum size from 2\8/32\ inches to 2\9/32\
inches is not expected to significantly affect the total number of
Florida shipments. During the 1996-1997 season, of the 47,879,084
shipments of 25,000 pound equivalents, approximately 15 percent or
about 7,023,239 shipments of 25,000 pound equivalents from Florida were
in the minimum size designation of Medium. The Medium size currently
covers a range of 2\8/32\ to 2\17/32\ inches or about 9/32 of an inch.
Because Florida tomatoes are sizing larger than in the past, the
proposed increase in size requirements is expected to have a minimal
impact on total shipments. As mentioned earlier, the expected decrease
is only about 1.5 percent.
Also, this rule would change the size designations from Medium,
Large, and Extra Large to numeric size designations of 6 X 7, 6 X 6,
and 5 X 6. The rule also would slightly increase the diameter size
ranges for the designated sizes.
The Committee stated that, absent a change in the regulations, the
erosion of market confidence and producer income could occur.
Furthermore, the majority of Committee members stated that voluntary
measures had not been effective.
Direct costs associated with this rule would be the purchase of new
sizing belts. Sizing belts convey and size fruit during the packing
process. Sizing belts, depending on the amount of use, can last a
season or may need to be replaced two to three times a season.
Estimated prices associated with these purchases could range from
$450.00 for a small handler to $19,000 for very large handlers. While
there are short-term costs associated with the new sizing designations,
the benefits are expected to outweigh the costs.
A study conducted by Dr. John J. VanSickle at the University of
Florida, estimates that size increases would result in an increase in
the overall price for Florida tomatoes, and better returns to
producers. The study indicates that increasing the size limits would
shift some of the Extra Large (5 x 6) tomatoes into the smaller size
categories. As a result, a 1 percent decline in the volume of Extra
Large (5 x 6) tomatoes would increase in price by .25 percent, the
price of Large (6 x 6) tomatoes by .15 percent, and the price of
Medium (6 x 7) tomatoes by .07 percent. The increase in price would
occur because of the redistribution of larger sized tomatoes into the
smaller size designations which responds to consumer demand for a more
consistent pack with slightly larger tomatoes. The costs to the
industry associated with the minimum size and size designation changes
would include purchases of new equipment and adjustments to operate
under the new requirements. These costs are expected to be minimal
relative to the benefits expected.
Returning to the previously used numeric size designations should
not have a negative impact on any packer regardless of size. This is a
return to common size designations (6 x 7, 6 x 6, and 5 x 6) used
throughout the industry, and would help Florida handlers respond to
market and consumer demand. The more standard size designations should
benefit both small and large businesses in the industry.
This proposed rule may impose some additional costs on handlers,
and producers. However, the costs are expected to be minimal, and would
be offset by the benefits of the proposal. This proposal is expected to
similarly impact importers of tomatoes as far as the slight increase in
minimum size is concerned. The Committee believes that this proposed
modification would benefit consumers, producers, handlers, and
importers. The benefits of this rule are not expected to be
disproportionately greater or lesser for small entities than for large
entities.
The Committee discussed alternatives to this recommendation,
including leaving the regulations as currently issued. All Committee
members agreed that some change to the size designations was necessary
to improve pack appearance and compete in the present market. The
amount of change became a concern, with a portion of the Committee
favoring a larger size increase and another portion favoring small
incremental moves over a period of time. The Committee recommended a
compromise to allow individual packing houses leeway to implement the
amount of change through a \2/32\ overlap in sizes.
Mexico is the largest exporter of tomatoes to the United States.
Over the last 10 years, Mexican exports to the United States averaged
32,527 containers of 25,000 pound equivalents per season (October 5-
July 5) and comprised about 99 percent of all imported tomatoes to the
United States during that time. Total imports during that period
averaged 32,752 containers of 25,000 pound equivalents (October 5-July
5). Some of the imports from Mexico may have been transhipped to
Canada. Domestic shipments or consumption for the past 10 years
averaged 108,577 containers of 25,000 pound equivalents (October 5-July
5). Florida shipments averaged 52,977 containers of 25 pound
equivalents or approximately 48 percent of the total shipments or
domestic consumption for the same period. This information is from AMS
Market News Branch data that most closely approximates the Florida
shipping season.
These changes are expected to benefit the marketers of both Florida
and imported tomatoes by providing consumers with better quality,
higher maturity, and slightly larger tomatoes. The Department has
contacted a few tomato importers concerning imports. The importers
indicated that they are importing larger sizes of tomatoes. Thus, the
Department believes that the proposed increase will not limit the
quantity of imported tomatoes or place an undue burden on exporters, or
importers of tomatoes. The expected increase in customer satisfaction
should benefit all tomato importers regardless of size.
This action would not impose any additional reporting or record
keeping requirements on either small or large handlers. As with all
Federal marketing order programs, reports and forms are periodically
reviewed to reduce information requirements and duplication by industry
and public sector agencies.
The Department has not identified any relevant Federal rules that
duplicate, overlap or conflict with this proposed rule.
In addition, the Committee's meeting was widely publicized
throughout the Florida tomato industry and all interested persons were
invited to attend the meeting and participate in Committee
deliberations on all issues.
[[Page 52051]]
Like all Committee meetings, the September 5, 1997, meeting was a
public meeting and all entities, both large and small, were able to
express views on this issue. Finally, interested persons are invited to
submit information on the regulatory and informational impacts of this
action on small businesses.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this proposed rule.
A 10-day comment period is provided to allow interested persons to
respond to this proposal. Ten days is deemed appropriate because this
rule, if adopted, needs to be in place as soon as possible since
handlers will begin shipping tomatoes in October. In addition, because
of the nature of this rule, handlers need time to adjust their
equipment and purchase new equipment to accommodate the new size ranges
and designations. Florida tomato handlers are aware of this issue,
which has been widely discussed at various industry and association
meetings and was unanimously recommended by the Committee. All comments
received in a timely manner will be considered prior to finalization of
this rule.
List of Subjects in 7 CFR Part 966 and 7 CFR Part 980
Marketing agreements, Reporting and record keeping requirements,
Tomatoes.
For the reasons set forth in the preamble, 7 CFR parts 966 and 980
are proposed to be amended as follows:
PART 966--TOMATOES GROWN IN FLORIDA
1. The authority citation for 7 CFR part 966 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 966.323 is amended by revising paragraphs (a)(1),
(a)(2)(i) and the table immediately following it, (a)(2)(iii), and
(d)(3) to read as follows:
Sec. 966.323 Handling regulation.
* * * * *
(a) Grade, size, container, and inspection requirements.
(1) Grade. Tomatoes shall be graded and meet the requirements
specified for U.S. No. 1, U.S. Combination, U.S. No. 2, or U.S. No. 3,
of the U.S. Standards for Grades of Fresh Tomatoes, except that all
shipments of 6 x 7 size tomatoes must grade U.S. No. 2 or better.
When not more than 15 percent of the tomatoes in any lot fail to meet
the requirements of U.S. No. 1 grade and not more than one-third of
this 15 percent (or 5 percent) are comprised of defects causing very
serious damage including not more than 1 percent of tomatoes which are
soft or affected by decay, such tomatoes may be shipped and designated
as at least 85 percent U.S. No. 1 grade.
(2) Size. (i) All tomatoes packed by a registered handler shall be
at least 2\9/32\ inches in diameter and shall be sized with proper
equipment in one or more of the following ranges of diameters. Tomatoes
shipped outside the regulated area shall also be sized with proper
equipment in one or more of the following ranges of diameters.
Measurements of diameters shall be in accordance with the methods
prescribed in Sec. 51.1859 of the U.S. Standards for Grades of Fresh
Tomatoes.
------------------------------------------------------------------------
Inches Inches
Size Designation Minimum Maximum
diameter diameter
------------------------------------------------------------------------
6 x 7........................................... 2\9/32\ 2\19/32\
6 x 6........................................... 2\17/32\ 2\27/32\
5 x 6........................................... 2\25/32\ .........
------------------------------------------------------------------------
* * * * *
(iii) Only 6 x 7, 6 x 6, 5 x 6, may be used to indicate the
above listed size designations or containers of tomatoes.
* * * * *
(d) * * *
(3) For special packed tomatoes. Tomatoes which met the inspection
requirements of paragraph (a)(4) of this section which are resorted,
regraded, and repacked by a handler who has been designated as a
``Certified Tomato Repacker'' by the committee are exempt from:
(i) The tomato grade classifications of paragraph (a)(1) of this
section;
(ii) The size classifications of paragraph (a)(2) of this section,
except that the tomatoes shall be at least 2\9/32\ inches in diameter;
and
(iii) The container weight requirements of paragraph (a)(3) of this
section.
* * * * *
Sec. 980.212 [Amended]
3. Section 980.212 is amended by revising paragraph (b)(1) to read
as follows:
* * * * *
(b) * * *
(1) From October 10 through June 15 of each season, tomatoes
offered for importation shall be at least 2\9/32\ inches in diameter.
Not more than 10 percent, by count, in any lot may be smaller than the
minimum specified diameter. All lots with a minimum diameter of 2\19/
32\ inches and larger shall be at least U.S. No. 3 grade. All other
tomatoes shall be at least U.S. No. 2 grade. Any lot with more than 10
percent of its tomatoes less than 2\19/32\ inches in diameter shall
grade at least U.S. No. 2.
* * * * *
Dated: October 2, 1997.
Robert C. Kenney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 97-26510 Filed 10-3-97; 8:45 am]
BILLING CODE 3410-02-P
