[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Rules and Regulations]
[Pages 13386-13393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7438]
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DEPARTMENT OF AGRICULTURE
7 CFR Parts 916 and 917
[Docket No. FV95-916-4-IFR]
Nectarines and Peaches Grown in California; Revision of Handling
Requirements for Fresh Nectarines and Peaches
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule revises the handling requirements for California
nectarines and peaches by modifying the grade, size, maturity,
container, and pack requirements for fresh shipments of these fruits,
beginning with 1996 season shipments. This rule enables handlers to
continue shipping fresh nectarines and peaches meeting consumer needs
in the interest of producers, handlers, and consumers of these fruits.
DATES: Effective April 1, 1996. Comments which are received by April
26, 1996 will be considered prior to issuance of any final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room
2523-S, Washington, DC 20090-6456; or by facsimile at 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 at the office of the Docket Clerk during regular
business hours.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist,
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, 2202 Monterey Street,
[[Page 13387]]
Suite 102B, Fresno, California 93721; telephone: (209) 487-5901; or
Kenneth Johnson, Marketing Specialist, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room
2523-S, Washington, DC 20090-6456; telephone: (202) 720-2861.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Marketing Order Nos. 916 and 917 (7 CFR Parts 916 and
917) regulating the handling of nectarines and peaches grown in
California, hereinafter referred to as the orders. The orders 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 rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule 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 in equity to review the
Secretary's ruling on the petition, provided a bill in equity is filed
not later than 20 days after the date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has considered the economic impact of this action on small
entities. 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.
There are about 300 California nectarine and peach handlers subject
to regulation under the orders covering nectarines and peaches grown in
California, and about 1,800 producers of these fruits in California.
Small agricultural producers have been defined by the Small Business
Administration (13 CFR 121.601) as those having annual receipts of less
than $500,000, and small agricultural service firms are defined as
those whose annual receipts are less than $5,000,000. A majority of
these handlers and producers may be classified as small entities.
The Nectarine Administrative Committee (NAC) and the Peach
Commodity Committee (PCC) met December 7, 1995, and unanimously
recommended that the handling requirements for California nectarines
and peaches be revised, respectively. These committees meet prior to
and during each season to review the rules and regulations effective on
a continuous basis for California nectarines and peaches under the
orders. These committee meetings are open to the public, and interested
persons may express their views at these meetings. The Department
reviews committee recommendations and information, as well as
information from other sources, and determines whether modification,
suspension, or termination of the rules and regulations would tend to
effectuate the declared policy of the Act.
Container and Pack Requirements (Nectarines)
Section 916.350 specifies container and pack requirements for fresh
nectarine shipments. Paragraph (a)(4)(iv) of Sec. 916.350 specifies the
tray-pack size designations which must be marked on loose-filled or
tight-filled containers, depending on the size of the fruit. The size
designations specify the maximum number of nectarines in a 16-pound
sample for each tray-pack size designation. This rule revises paragraph
(a)(4)(iv) of Sec. 916.350 by modifying one size designation for the
weight-count standards in Column B of TABLE 1 for early-season and mid-
season nectarine varieties and one size designation for the weight-
count standards in Column B of TABLE 2. Continuing research conducted
by the NAC indicate that early-season and mid-season fruit weighs less
than late-season fruit and the weight-count standards were, therefore,
modified for the past two seasons based on that consideration. Results
from the 1995 season suggest that a minor modification of TABLE 1 and
TABLE 2 is necessary to provide more accurate weight-count standards
for early-season and mid-season nectarines, and late-season nectarines.
The NAC recommended these revised weight-count standards for
nectarines after a comprehensive review of the appropriate
relationships between the tray-pack containers and loose-filled or
tight-filled containers for early-season and mid-season nectarine
varieties, as well as late-season varieties. Specifically, the NAC's
recommendation provides that the maximum number of nectarines of size
50 in a 16-pound sample of early-season and mid-season fruit is more
appropriately 39 rather than 38. Also the maximum number of nectarines
of size 50 in a 16-pound sample of late-season fruit is more
appropriately 37 rather than 36.
Pack regulations provide for uniform packing practices. In
particular, weight-count standards provide for equality between fruit
packed in loose-filled or tight-filled containers and fruit packed in
tray-pack styles.
According to the NAC, packers occasionally moved fruit from tray-
pack styles of pack to loose-filled or tight- filled pack styles. This
activity has led to an awareness that fruit which was of proper size
when tray-packed exceeded the maximum number of nectarines for the 16-
pound sample for corresponding loose-filled or tight-filled pack size.
In some instances, these samples required an additional piece of fruit
to meet the 16-pound weight requirement, thus causing the pack to be
``marked'' smaller than its equivalent tray-pack size. When packs are
``marked'' smaller this causes the container to be sold for a lower
price.
Revised and refined weight-count standards should provide for more
accurate marking of sizes when packed in loose-filled or tight-filled
pack styles compared to equivalent sizes that are tray packed. These
regulations provide for uniformly packed containers of nectarines.
These regulations also attempt to assure equivalent returns for growers
based on style of pack used.
This rule also further clarifies the definition of ``tree ripe''
added to section 916.350 paragraph (b) for the 1995 season. According
to the NAC, ``tree ripe'' is an optional marking with regard to
maturity that is stamped on containers of nectarines. Currently, the
definition of tree ripe is based on the California Well Matured
maturity requirement and is intended to be used for fruit which has
been allowed to
[[Page 13388]]
ripen naturally by remaining longer on the tree. California Well
Matured means that fruit has been picked at a maturity level distinctly
more advanced than ``mature.'' The definition of ``tree ripe'' was
added in 1995 so that its meaning was consistent with other descriptive
markings and provided a consistent minimum maturity level throughout
the industry to the benefit of consumers. However, during the 1995
season, some handlers marked their boxes of fruit as ``tree ripened.''
It has been recommended by the NAC that the terms ``tree ripe'', and
``tree ripened'', and other terms which denote an advanced level of
maturity due to the fruit remaining on the tree for a longer period,
are interchangeable terms indicative of the enhanced maturity of the
fruit inside the box. Requiring containers of nectarines to be at a
minimum California Well Matured in order to be marked ``tree ripe'' or
``tree ripened,'' or other interchangeable terms such as ``ripened on
the tree'', or ``ripened on tree'' will clarify the current regulation
by specifying when the ``tree ripe'' or some similar marking using the
words ``tree'' and ``ripe'', can be used and help to ensure that buyer
expectations are met.
The NAC also recommended that a new container, that allows for
markings on the lid of the container, be approved for nectarine
shipments for the 1996 season only. The NAC will review the impact of
the use of this container with shippers prior to the 1997 season.
The marketing order, under Sec. 916.350, requires that all
containers be marked with specific information (e.g. handler, grade,
size, and variety) and that all such markings on nectarine containers
have to be applied to the outside end of the container. This has been
defined as any of the four sides of the container, but not on the lid.
Currently, there is interest by handlers in containers that are
reusable thus creating financial savings for handlers. There is now a
reusable and recyclable container, a single layer, plastic, 12 x 20
inch box, that is available for use with nectarines. However, the
design of the container, which has cooling slots in all of its sides,
is such that the markings cannot easily be placed on the outside end of
the container.
The NAC believes that allowing for markings to be placed on the
container lid will facilitate the use of this plastic, reusable and
recyclable container in compliance with marketing order requirements.
Authorizing the use of this new container will allow handlers to reduce
their container costs through the continued reuse of the container.
Maturity Requirements (Nectarines)
Section 916.356 specifies maturity requirements for fresh
nectarines in paragraphs (a)(1) and (a)(1)(i), including TABLE 1. For
fruit being inspected and certified as meeting the maturity
requirements for ``well matured'', maturity determinations are
generally in terms of maturity guides (e.g., color chips) specified in
TABLE 1.
This rule revises paragraph (a)(1) by exempting yellow nectarine
varieties from the requirement that a blush or red color be present on
the skin of the nectarines. By their nature, yellow nectarine varieties
fail to attain any color other than yellow on the skin of the fruit.
The U.S. Standards for Grades of Nectarines requires that a blush or
red color be present on the skin of the fruit in order for the fruit to
be considered as U.S. No. 1 grade.
This rule also revises TABLE 1 of paragraph (a)(1)(i) of
Sec. 916.356 for nectarines to add the maturity guides for four
nectarine varieties. Specifically, an addition to the maturity guides
was recommended for Grand Diamond, King Jim, and Spring Brite at a
maturity guide of L, and Rose Diamond at a maturity guide of J.
The NAC recommended these maturity requirement changes for these
nectarine varieties based on a continuing review by the Shipping Point
Inspection Service of their individual maturity characteristics, and
the identification of the appropriate color chip corresponding to the
``well matured'' level of maturity for such variety.
Size Requirements (Nectarines)
Section 916.356 specifies size requirements for fresh nectarines in
paragraphs (a)(2) through (a)(9). This rule revises Sec. 916.356 to
establish variety-specific size requirements for six nectarine
varieties that were produced in commercially significant quantities of
more than 10,000 packages for the first time during the 1995 season.
This rule also modifies the variety-specific size requirements for two
varieties of nectarines by reassigning those varieties.
Size regulations are put in place to improve fruit quality by
allowing fruit to stay on the tree for a greater length of time. This
increased growing time not only improves maturity and, therefore, the
quality of the product, but also the size of the fruit. Increased size
results in increases in the number of packed boxes of nectarines per
acre. This provides greater consumer satisfaction, more repeat
purchases, and, therefore, increases returns to growers. Varieties
recommended for specific size regulation have been reviewed and
recommendations are based on the characteristics of the variety to
attain minimum size.
Paragraph (a)(3) is revised to include the Johnny's Delight and May
Jim varieties; paragraph (a)(4) is revised to include the Arctic Rose
variety; and paragraph (a)(6) in Sec. 916.356 is revised to include the
Flame Glo, Prima Diamond III, Prima Diamond IV, Prima Diamond VIII, and
the White Jewels nectarine varieties.
This rule also revises Sec. 916.356 to remove eleven nectarine
varieties from the variety-specific size requirements specified in the
section because less than 5,000 packages of each of these varieties
were produced during the 1995 season. Paragraph (a)(2) of that section
is revised to remove the Royal Delight nectarine variety. Paragraph
(a)(4) is revised to remove the Sunfre variety, and paragraph (a)(4) is
also revised to delete the May Jim variety. This variety was placed in
this paragraph prior to the 1995 season. The variety matures to a
smaller-than-average size when compared to other varieties in this
paragraph. Based upon its sizing characteristics from the 1995 season,
removal of the May Jim variety from this paragraph was recommended.
Paragraph (a)(6) is revised to remove the Del Rio Rey, Independence, La
Pinta, Late Le Grand, Royal Red, Son Red, Sun Grand, 181-119 (Sierra
Star), and Nectarine 23 nectarine varieties. Paragraph (a)(6) is also
revised to remove the Arctic Rose variety. This variety was placed in
this paragraph prior to the 1995 season. The variety matures to a
smaller-than-average size when compared to other varieties in this
paragraph. Based upon its sizing characteristics from the 1995 season,
removal of the Arctic Rose variety from this paragraph was recommended.
Nectarine varieties removed from the nectarine variety-specific
list become subject to the non-listed variety size requirements
specified in paragraphs (a)(7), (a)(8), and (a)(9) of Sec. 916.356.
The NAC recommended these changes in the minimum size requirements
based on a continuing review of the sizing and maturity relationships
for these nectarine varieties, and consumer acceptance levels for
various sizes of fruit. This rule is designed to establish minimum size
requirements for fresh nectarines consistent with expected crop and
market conditions.
[[Page 13389]]
Container and Pack Requirements (Peaches)
Section 917.442 currently specifies container and pack requirements
for fresh peach shipments. Paragraph (a)(4)(iv) of Sec. 917.442
specifies the tray-pack size designations which must be marked on
loose-filled or tight- filled containers, depending on the size of the
fruit. The size designations specify the maximum number of peaches in a
16-pound sample for each tray pack size designation. This rule revises
paragraph (a)(4)(iv) of Sec. 917.442 by modifying one size designation
for the weight-count standards in Column B of TABLE 1 for early-season
and mid-season peach varieties. Research conducted by the PCC indicated
that early-season and mid-season fruit weighs less than late- season
fruit and the weight-count standards were, therefore, modified for the
past two seasons based on that consideration. Results from the 1995
season suggest that a minor modification of TABLE 1 is necessary to
provide more accurate weight-count standards for early-season and mid-
season peaches.
The PCC recommended the revised container marking requirement
changes for peaches after a comprehensive review of the appropriate
relationships between the tray-pack containers and loose-filled or
tight-filled containers for early-season and mid-season peach varieties
prior to the 1996 season. Specifically, the PCC's recommendation
provides that the maximum number of peaches of size 54 in a 16-pound
sample of early-season and mid-season fruit is more appropriately 44
rather than 43.
Pack regulations provide for uniform packing practices. In
particular, weight-count standards provide equality between fruit
packed in loose-filled or tight-filled containers and fruit packed in
tray-pack styles.
According to the PCC, packers occasionally moved fruit from tray-
pack styles of pack to loose-filled or tight- filled pack styles. This
activity has led to an awareness, especially in regard to early-season
varieties, that fruit which was of proper size when tray-packed
exceeded the maximum number of nectarines for the 16-pound sample for
corresponding loose-filled or tight-filled pack size. In this instance,
these samples needed an additional piece of fruit to meet the 16-pound
weight requirement, thus causing the pack to be ``marked'' smaller than
its equivalent tray- pack size. When packs are ``marked'' smaller this
causes the container to be sold for a lower price. During the 1994
season, new weight-count assignments for early varieties were in place.
Research continued with the purpose of possible refinement of those
weight-count assignments.
Revised and refined weight-count standards for early varieties
should provide for more accurate marking of size when packed in loose-
filled or tight-filled pack styles compared to equivalent sizes that
are tray packed. These regulations provide for uniformly packed
containers of peaches. These regulations also attempt to assure
equivalent returns for growers based on style of pack used.
This rule also further clarifies the definition of ``tree ripe''
added to section 917.442 paragraph (b) for the 1995 season. According
to the PCC, ``tree ripe'' is an optional marking with regard to
maturity that is stamped on containers of peaches. Currently the
definition of tree ripe is based on the California Well Matured
maturity requirement and is intended to be used for fruit which has
been allowed to ripen naturally by remaining longer on the tree.
California Well Matured means that fruit has been picked at a maturity
level distinctly more advanced than ``mature.'' The definition of
``tree ripe'' was added in 1995 so that its meaning was consistent with
other descriptive markings and provided a consistent minimum maturity
level throughout the industry to the benefit of consumers. However,
during the 1995 season, some handlers marked their boxes of fruit as
``tree ripened.'' It has been recommended by the PCC that the terms
``tree ripe'' and ``tree ripened'' and other terms which denote an
advanced level of maturity due to the fruit remaining on the tree for a
longer period, are interchangeable terms indicative of the enhanced
maturity of the fruit inside the box. Requiring containers of peaches
to be at a minimum California Well Matured in order to be marked ``tree
ripe'' or ``tree ripened,'' or other interchangeable terms such as
``ripened on the tree,'' or ``ripened on tree'' will clarify the
current regulation by specifying when the ``tree ripe'' or some similar
marking using the words ``tree'' and ``ripe'' can be used and help to
ensure that buyer expectations are met.
The PCC also recommended that a new container, that allows for
markings on the lid of the container, be approved for peach shipments
for the 1996 season only. The PCC will review the impact of this
container with shippers prior to the 1997 season.
The marketing order, under Sec. 917.442, requires that all
containers be marked with specific information (e.g. handler, grade,
size, and variety) and that all such markings on peach containers have
to be applied to the outside end of the container. This has been
defined as any of the four sides of the container, but not on the lid.
Currently, there is interest by handlers in containers that are
reusable thus creating financial savings for handlers. There is now a
reusable and recyclable container, a single layer, plastic, 12x20 inch
box, that is available for use with peaches. However, the design of the
container, which has cooling slots in all of its sides, is such that
the markings cannot easily be placed on the outside end of the
container.
The PCC believes that allowing for markings to be placed on the
container lid will facilitate the use of this plastic, reusable and
recyclable container in compliance with marketing order requirements.
Authorizing the use of this new container will allow handlers to reduce
their container costs through the continued reuse of the container.
Maturity Requirements (Peaches)
Section 917.459 specifies maturity requirements for fresh peaches
in paragraph (a)(1), including TABLE 1. For fruit being inspected and
certified as meeting the maturity requirements for ``well matured'',
maturity determinations are generally in terms of maturity guides
(e.g., color chips) specified in TABLE 1. This rule revises TABLE 1 of
paragraph (a)(1)(ii) of Sec. 917.459 for peaches to change the maturity
guide for the Elegant Lady peach variety from a maturity guide M to a
maturity guide L. The Early Delight peach variety has been recommended
to be added with a maturity guide H and the May Sun variety has been
recommended to be added with a maturity guide I.
The PCC recommended these maturity requirement changes for these
peach varieties based on a continuing review by the Shipping Point
Inspection Service of their individual maturity characteristics, and
the identification of the appropriate color chip corresponding to the
``well matured'' level of maturity for such varieties.
Size Requirements (Peaches)
Section 917.459 specifies size requirements for fresh peaches in
paragraphs (a)(2) through (a)(6), and paragraphs (b) and (c). This rule
also revises Sec. 917.459 to establish variety-specific size
requirements for six peach varieties that were produced in commercially
significant quantities of more than 10,000 packages for the first time
during the 1995 season.
Size regulations are put in place to improve fruit quality by
allowing fruit to stay on the tree for a greater length of time. This
increased growing time not
[[Page 13390]]
only improves maturity, and, therefore, the quality of the product, but
also size of the fruit. Increased size results in increases in the
number of packed boxes of peaches per acre. This provides greater
consumer satisfaction, more repeat purchases, and, therefore, increases
returns to growers. Varieties recommended for specific size regulation
have been reviewed and recommendations are based on the characteristics
of the variety to attain minimum size.
In Sec. 917.459 paragraph (a)(5) is revised to include the May Sun
peach variety; and paragraph (a)(6) is revised to include the July Sun,
Kaweah, Snow Giant, Snow King, and Sugar Giant peach varieties.
This rule also revises Sec. 917.459 to remove eleven peach
varieties from the variety-specific size requirements specified in that
section, because less than 5,000 packages of each of these varieties
were produced during the 1995 season. In Sec. 917.459 paragraph (a)(2)
of Sec. 917.459 is revised to remove the Flordaprince peach variety;
paragraph (a)(5) is revised to remove the First Lady, Merrill Gem,
Royal May, Sierra Crest, Summer Crest, and 50-178 peach varieties; and
paragraph (a)(6) is revised to remove the Angelus, August Delight,
Parade, and Scarlet Lady peach varieties. Peach varieties removed from
the variety- specific list become subject to the non-listed variety
size requirements specified in paragraphs (b) and (c) of Sec. 917.459.
The removal of the Flordaprince variety from paragraph (a)(2)
results in there being no varieties regulated within size 96 for the
1996 season. Since the variety-specific list is subject to change from
one season to another, the Department wishes to reserve paragraph
number (a)(2) for future regulation of peaches at size 96.
The PCC recommended these changes in the minimum size requirements
based on a continuing review of the sizing and maturity relationships
for these peach varieties, and the consumer acceptance levels for
various sizes fruit. This rule is designed to establish minimum size
requirements for fresh peaches consistent with expected crop and market
conditions.
This rule reflects the committees' and the Department's appraisal
of the need to revise the handling requirements for California
nectarines and peaches, as specified. The Department's determination is
that this rule will have a beneficial impact on producers, handlers,
and consumers of California nectarines and peaches.
This rule establishes handling requirements for fresh California
nectarines and peaches consistent with expected crop and market
conditions, and will help ensure that all shipments of these fruits
made each season will meet acceptable handling requirements established
under each of these orders. This rule will also help the California
nectarine and peach industries provide fruit desired by consumers. This
rule is designed to establish and maintain orderly marketing conditions
for these fruits in the interest of producers, handlers, and consumers.
Based on the above, the Administrator of the AMS has determined
that this rule will not have a significant economic impact on a
substantial number of small entities.
After consideration of all relevant matters presented, the
information and recommendations submitted by the committees, and other
information, it is found that the rule, as hereinafter set forth, will
tend to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined, upon
good cause, that it is impracticable, unnecessary and contrary to the
public interest to give preliminary notice prior to putting this rule
into effect because: (1) California nectarine and peach growers and
handlers should be apprised of this rule as soon as possible, since
early shipments of these fruits are expected to begin about April 1;
(2) this rule relaxes grade requirements for yellow-skinned nectarines
and size requirements for several nectarine and peach varieties; (3)
California nectarine and peach handlers are aware of these revised
requirements that are non-controversial, administrative by nature, and
similar to other recommendations made by the committees in prior
seasons, and they will need no additional time to comply with such
requirements; and (4) the rule provides a 30-day comment period, and
any written comments received will be considered prior to any
finalization of this interim final rule.
List of Subjects
7 CFR Part 916
Marketing agreements, Nectarines, Reporting and recordkeeping
requirements.
7 CFR Part 917
Marketing agreements, Peaches, Pears, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Parts 916 and 917
are amended as follows:
PART 916--NECTARINES GROWN IN CALIFORNIA
1. The authority citation for 7 CFR Part 916 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 916.350 is amended by revising TABLE 1 and TABLE 2 of
paragraph (a)(4)(iv), revising paragraph (b), and adding a new
paragraph (c) to read as follows:
Sec. 916.350 California Nectarine Container and Pack Regulation.
(a) * * *
(4) * * *
(iv) * * *
Table 1.--Weight-Count Standards for Nectarines Packed in Loose or Tight-
Filled Containers
------------------------------------------------------------------------
Column B--Maximum
number of
nectarines in a
16-pound sample
applicable to
varieties
specified in
Column A--Tray pack size designation paragraphs
(a)(2)(ii),
(a)(3)(ii),
(a)(4)(ii),
(a)(5)(ii),
(a)(7)(ii), and
(a)(8)(ii) of
Sec. 916.356
------------------------------------------------------------------------
108.................................................. 100
96................................................... 90
88................................................... 83
84................................................... 78
80................................................... 75
72................................................... 67
70................................................... 60
64................................................... 55
60................................................... 49
56................................................... 46
54................................................... 40
50................................................... 39
48................................................... 35
42................................................... 31
40................................................... 30
36................................................... 25
34................................................... 23
32................................................... 22
30................................................... 19
------------------------------------------------------------------------
Table 2.--Weight-Count Standards for Nectarines Packed in Loose or Tight-
Filled Containers
------------------------------------------------------------------------
Column B--Maximum
number of
nectarines in a
16-pound sample
applicable to
Column A--Tray pack size designation varieties
specified in
paragraphs
(a)(6)(ii), and
(a)(9)(ii) of
Sec. 916.356
------------------------------------------------------------------------
108.................................................. 92
96................................................... 87
[[Page 13391]]
88................................................... 78
84................................................... 75
80................................................... 67
72................................................... 61
70................................................... 56
64................................................... 51
60................................................... 46
56................................................... 43
54................................................... 39
50................................................... 37
48................................................... 33
42................................................... 28
40................................................... 26
36................................................... 25
34................................................... 23
32................................................... 22
30................................................... 19
------------------------------------------------------------------------
* * * * *
(b) As used in this section, standard pack and fairly uniform in
size shall have the same meanings as set forth in U.S. Standards for
Grades of Nectarines (Secs. 51.3145 to 51.3160) and all other terms
shall have the same meaning as when used in the amended marketing
agreement and order. No. 12B standard fruit box measures 2\3/8\ to 7\1/
8\ x 11\1/2\ x 16\1/8\ inches, No. 22D standard lug box measures
2\7/8\ to 7\1/8\ x 13\1/2\ x 16\1/8\ inches, No. 22E standard lug
box measures 8\3/4\ x 13\1/2\ x 16\1/8\ inches, No. 22G standard lug
box measures 7\3/8\ to 7\1/2\ x 13\1/4\ x 15\7/8\ inches. All
dimensions are given in depth (inside dimension) by width by length
(outside dimension). Individual consumer packages means packages
holding 15 pounds or less net weight of nectarines. ``Tree ripe'' means
``tree ripened'' and fruit shipped and marked as ``tree ripe'', ``tree
ripened'', or any similar terms using the words ``tree'' and ``ripe''
must meet minimum California Well Matured standards.
(c) Each container of nectarines in plastic, 12 x 20 inch reusable
and recyclable containers shall meet and bear, on the container lid,
all applicable marking requirements under the order.
3. Section 916.356 is amended by revising paragraphs (a)(1)
introductory text, Table 1, (a)(2) introductory text, (a)(3)
introductory text, (a)(4) introductory text, and (a)(6) introductory
text to read as follows:
Sec. 916.356 California Nectarine Grade and Size Regulation.
(a) * * *
(1) Any lot or package or container of any variety of nectarines
unless such nectarines meet the requirements of U. S. No. 1 grade:
Provided, that nectarines 2 inches in diameter or smaller, shall not
have fairly light colored, fairly smooth scars which exceed an
aggregate area of a circle \3/8\ inch in diameter, and nectarines
larger than 2 inches in diameter shall not have fairly light colored,
fairly smooth scars which exceed an aggregate area of a circle \1/2\
inch in diameter: Provided further, that an additional tolerance of 25
percent shall be permitted for fruit that is not well formed but not
badly misshapen: Provided further, that all varieties of nectarines
which fail to meet the U.S. No. 1 grade only on account of lack of
blush or red color due to varietal characteristics shall be considered
as meeting the requirements of this subpart. The Federal or Federal-
State Inspection Service shall make final determinations on maturity
through the use of color guides or such other tests as determined
appropriate by the inspection agency.
* * * * *
Table 1
------------------------------------------------------------------------
Column A variety Column B maturity guide
------------------------------------------------------------------------
Alshir Red............................. J
Ama Lyn................................ G
Apache................................. G
April Glo.............................. H
Armking................................ B
August Glo............................. L
August Red............................. J
Aurelio Grand.......................... F
Autumn Delight......................... M
Autumn Grand........................... L
Bob Grand.............................. L
Clinton-Strawberry..................... H
Del Rio Rey............................ G
Desert Dawn............................ G
Early Diamond.......................... J
Early May.............................. F
Early May Grand........................ H
Early Star............................. G
Early Sungrand......................... H
Fairlane............................... M
Fantasia............................... J
Firebrite.............................. H
Flamekist.............................. L
Flaming Red............................ K
Flavor Grand........................... G
Flavortop.............................. J
Flavortop I............................ K
Gee Red................................ H
Gold King.............................. H
Grand Diamond.......................... L
Granderli.............................. J
Grand Stan............................. F
Hi-Red................................. J
Independence........................... H
July Red............................... L
June Glo............................... H
June Grand............................. G
Kent Grand............................. L
King Jim............................... L
Kism Grand............................. J
Larry's Grand.......................... M
Late Le Grand.......................... L
Late Tina Red.......................... I
Le Grand............................... H
Maybelle............................... F
May Diamond............................ I
Mayfair................................ C
May Fire............................... H
May Glo................................ H
May Grand.............................. H
May Kist............................... H
Mayred................................. B
Mid Glo................................ L
Mike Grand............................. H
Moon Grand............................. M
Niagara Grand.......................... H
Pacific Star........................... G
P-R Red................................ L
Red Diamond............................ M
Red Delight............................ I
Red Free............................... L
Red Glen............................... J
Red Grand.............................. H
Red Jim................................ L
Red June............................... G
Red Lion............................... J
Red May................................ J
Regal Grand............................ L
Rio Red................................ L
Rose Diamond........................... J
Royal Delight.......................... F
Royal Giant............................ I
Ruby Grand............................. J
Ruby Sun............................... J
Scarlet Red............................ K
September Grand........................ L
September Red.......................... L
Sheri Red.............................. J
Sierra Star/181-119.................... G
Son Red................................ L
Sparkling June......................... M
Sparkling May.......................... J
Sparkling Red.......................... L
Spring Brite........................... L
Spring Diamond......................... M
Spring Grand........................... G
Spring Red............................. H
Springtop.............................. B
Stan's Grand........................... C
Star Bright............................ G
Star Brite............................. J
Star Grand............................. H
Summer Beaut........................... H
Summer Blush........................... J
Summer Bright.......................... J
Summer Diamond......................... M
Summer Fire............................ L
Summer Grand........................... L
Summer Lion............................ M
Summer Red............................. L
Summer Star............................ G
Sunburst............................... J
Sun Diamond............................ I
Sunfre................................. F
Sun Grand.............................. G
[[Page 13392]]
Super Star............................. G
Tasty Free............................. J
Tasty Gold............................. H
Tom Grand.............................. L
Zee Glo................................ J
61-61.................................. J
------------------------------------------------------------------------
Note: Consult with the Federal or Federal-State Inspection
Service Supervisor for the maturity guides applicable to the
varieties not listed above.
* * * * *
(2) Any package or container of May Glo variety nectarines through
May 5 of each year; or April Glo, or Mayfire variety nectarines,
unless:
* * * * *
(3) Any package or container of May Glo variety nectarines on or
after May 6 of each year, or Earliglo, Early Diamond, Johnny's Delight,
May Jim, or May Kist variety nectarines, unless:
* * * * *
(4) Any package or container of Arctic Rose, Early May, Mike Grand,
June Brite, June Glo, May Grand, May Diamond, May Lion, Pacific Star,
Red Delight, Rose Diamond, Sparkling May, Star Brite, or Zee Grand
variety nectarines unless:
* * * * *
(6) Any package or container of Alshir Red, Alta Red, Arctic Queen,
August Glo, August Red, Autumn Delight, Big Jim, Bob Grand, Early Red
Jim, Early Sungrand, Fairlane, Fantasia, Firebrite, Flame Glo,
Flamekist, Flaming Red, Flavor Grand, Flavortop, Flavortop I, Grand
Diamond, How Red, July Red, King Jim, Kay Diamond, Kism Grand, Late Red
Jim, Mid Glo, Moon Grand, Niagara Grand, Prima Diamond, Prima Diamond
III, Prima Diamond IV, Prima Diamond VIII, P-R Red, Red Diamond, Red
Fred, Red Free, Red Glen, Red Jim, Red Lion, Rio Red, Royal Giant,
Royal Glo, Ruby Diamond, Ruby Grand, Scarlet Red, September Grand,
September Red, Sparkling June, Sparkling Red, Spring Bright, Spring
Diamond, Spring Red, Summer Beaut, Summer Blush, Summer Bright, Summer
Diamond, Summer Fire, Summer Grand, Summer Lion, Summer Red, Summer
Star, Sunburst, Sun Diamond, Super Star, Tasty Gold, Tom Grand, White
Jewels, Zee Glo, 80P-1135, or 424-195 variety nectarines unless:
* * * * *
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
1. The authority citation for 7 CFR Part 917 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 917.442 is amended by revising TABLE 1 of paragraph
(a)(4)(iv), revising paragraph (b), and adding a new paragraph (c) to
read as follows:
Sec. 917.442 California Peach Container and Pack Regulation.
(a) * * *
(4) * * *
(iv) * * *
Table 1.--Weight-Count Standards for Peaches Packed in Loose or Tight-
Filled Containers
------------------------------------------------------------------------
Column B--Maximum
number of peaches
in a 16-pound
sample applicable
to varieties
specified in
Column A--Tray pack size designation paragraphs
(a)(2)(ii),
(a)(3)(ii),
(a)(4)(iii),
(a)(5)(ii), and
(b)(3) of Sec.
917.459
------------------------------------------------------------------------
96................................................... 96
88................................................... 92
84................................................... 83
80................................................... 76
72................................................... 68
70................................................... 64
64................................................... 56
60................................................... 50
56................................................... 46
54................................................... 44
50................................................... 39
48................................................... 35
42................................................... 31
40................................................... 30
36................................................... 27
34................................................... 25
32................................................... 23
30................................................... 21
------------------------------------------------------------------------
* * * * *
(b) As used in this section, standard pack shall have the same
meaning as set forth in U.S. Standards for Grades of Peaches
(Secs. 51.1210 to 51.1223) and all other terms shall have the same
meaning as when used in the amended marketing agreement and order. No.
12B standard fruit box measures 2\3/8\ to 7\1/8\ x 11\1/2\ x 16\1/8\
inches, No. 22D standard lug box measures 2\7/8\ to 7\1/8\ x 13\1/2\
x 16\1/8\ inches, No.22E standard lug box measures 8\3/4\ x 13\1/2\
x 16\1/8\ inches, No. 22G standard lug box measures 7\3/8\ to 7\1/2\
x 13\1/4\ x 15\7/8\ inches. All dimensions are given in depth
(inside dimension) by width by length (outside dimension). Individual
consumer packages means packages holding 15 pounds or less net weight
of nectarines. ``Tree ripe'' means the same as ``tree ripened'' and
fruit shipped and marked as ``tree ripe'', ``tree ripened'', or any
similar terms using the words ``tree'' and ``ripe'', must meet minimum
California Well Matured standards.
(c) Each container of peaches in plastic, 12 x 20 inch reusable and
recyclable containers shall meet and bear, on the container lid, all
applicable marking requirements under the order.
3. Section 917.459 is amended by removing and reserving paragraph
(a)(2), and revising Table 1 of paragraph (a)(1)(ii), (a)(5)
introductory text, and (a)(6) introductory text to read as follows:
Sec. 917.459 California Peach Grade and Size Regulation.
(a) * * *
(1) * * *
(ii) If a grower or handler believes his/her fruit is meeting the
appropriate maturity level but the fruit has not been so graded by the
inspector, he/she may appeal the inspection by calling the officer-in-
charge of the local Federal-State Inspection Service office to arrange
for an on-site examination of the fruit.
Table 1
------------------------------------------------------------------------
Column A variety Column B maturity guide
------------------------------------------------------------------------
Angelus................................ I
Ambercrest............................. G
Armgold................................ D
August Sun............................. I
Autumn Crest........................... I
Autumn Gem............................. I
Autumn Lady............................ H
Autumn Rose............................ I
Bella Rosa............................. G
Belmont (Fairmont)..................... I
Berenda Sun............................ I
Blum's Beauty.......................... G
Bonjour................................ F
Cardinal............................... G
Cal Red................................ I
Carnival............................... I
Cassie................................. H
Coronet................................ E
Crimson Lady........................... J
Crown Princess......................... J
David Sun.............................. I
Desertgold............................. B
Diamond Princess....................... J
Early Coronet.......................... D
Early Delight.......................... H
Early Fairtime......................... I
Early May Crest........................ H
Early O'Henry.......................... I
Early Royal May........................ G
Early Top.............................. G
Elberta................................ B
Elegant Lady........................... L
Fairtime............................... G
Fancy Lady............................. J
Fay Elberta............................ C
[[Page 13393]]
Fayette................................ I
Fire Red............................... I
First Lady............................. D
Flamecrest............................. I
Flavorcrest............................ G
Flavor Queen........................... H
Flavor Red............................. G
Fortyniner............................. F
Franciscan............................. G
Goldcrest.............................. H
Golden Crest........................... H
Golden Lady............................ F
Honey Red.............................. G
Jody Gaye.............................. F
John Henry............................. J
Judy Elberta........................... C
July Lady.............................. G
June Crest............................. G
June Lady.............................. G
June Pride............................. J
June Sun............................... H
Kearney................................ I
Kern Sun............................... H
Kings Lady............................. I
Kings Red.............................. I
Lacey.................................. I
Mardigras.............................. G
Mary Ann............................... G
May Crest.............................. G
May Lady............................... G
May Sun................................ I
Merrill Gem............................ G
Merrill Gemfree........................ G
Morning Sun............................ D
O'Henry................................ I
Pacifica............................... G
Parade................................. I
Pat's Pride............................ D
Preuss Suncrest........................ F
Prima Fire............................. H
Prima Lady............................. J
Prime Crest............................ H
Queen Crest............................ G
Ray Crest.............................. G
Red Cal................................ I
Redglobe............................... C
Redhaven............................... G
Red Lady............................... G
Redtop................................. G
Regina................................. G
Rich Lady.............................. J
Rich May............................... H
Rio Oso Gem............................ I
Royal April............................ D
Royal Lady............................. J
Royal May.............................. G
Ruby May............................... H
Ryan Sun............................... I
Scarlet Lady........................... F
September Sun.......................... I
Sierra Crest........................... H
Sierra Lady............................ I
Sparkle................................ I
Springcrest............................ G
Spring Lady............................ H
Springold.............................. D
Sugar Lady............................. J
Summer Lady............................ M
Summerset.............................. I
Suncrest............................... G
Sun Lady............................... I
Topcrest............................... H
Toreador............................... I
Tra Zee................................ J
Treasure............................... F
Willie Red............................. G
Windsor................................ I
Zee Lady............................... L
50-178................................. G
------------------------------------------------------------------------
Note: Consult with the Federal or Federal-State Inspection
Service Supervisor for the maturity guides applicable to the
varieties not listed above
* * * * *
(5) Any package or container of Babcock, Crimson Lady, Crown
Princess, David Sun, Early May Crest, Flavorcrest, Golden Crest, Honey
Red, June Lady, June Sun, Kern Sun, Kingscrest, Kings Red, May Crest,
May Sun, Merrill Gemfree, Queencrest, Ray Crest, Redtop, Regina, Rich
May, Snow Brite, Snow Flame, Springcrest, Spring Lady, or Sugar May
variety of peaches unless:
* * * * *
(6) Any package or container of Amber Crest, August Sun, Autumn
Crest, Autumn Gem, Autumn Lady, Autumn Rose, Belmont, Berenda Sun,
Blum's Beauty, Cal Red, Carnival, Cassie, Champagne, Diamond Princess,
Early Elegant Lady, Early O'Henry, Elegant Lady, Fairmont, Fairtime,
Fay Elberta, Fire Red, Flamecrest, John Henry, July Lady, July Sun,
June Pride, Kaweah, Kings Lady, Lacey, Late Ito Red, Mary Ann, O'Henry,
Prima Gattie, Prima Lady, Red Boy, Red Cal, Redglobe, Rich Lady, Royal
Lady, Ryan's Sun, September Snow, September Sun, Sierra Lady, Snow
Giant, Snow King, Sparkle, Sprague Last Chance, Summer Lady, Summer
Sweet, Suncrest, Tra Zee, White Lady, or Zee Lady variety of peaches
unless:
* * * * *
Dated: March 21, 1996.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-7438 Filed 3-26-96; 8:45 am]
BILLING CODE 3410-02-P
