[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Rules and Regulations]
[Pages 16032-16043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8435]
[[Page 16031]]
_______________________________________________________________________
Part VII
Department of Agriculture
_______________________________________________________________________
Agricultural Marketing Service
_______________________________________________________________________
7 CFR Parts 916 and 917
Nectarines and Peaches Grown in California; Revision of Handling and
Reporting Requirements for Fresh Nectarines and Peaches; Interim Final
Rule
Federal Register/Vol. 63, No. 62/Wednesday, April 1, 1998/Rules and
Regulations
[[Page 16032]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. FV98-916-1 IFR]
Nectarines and Peaches Grown in California; Revision of Handling
and Reporting 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 and reporting requirements for
California nectarines and peaches by modifying the grade, size,
maturity, and container requirements for fresh shipments of these
fruits, beginning with 1998 season shipments. This rule modifies
requirements for placement of Federal-State Inspection Service lot
stamps, as well as establishing a single due date for handlers'
shipment reports. 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. This rule also
corrects the address of the California Tree Fruit Agreement.
DATES: Effective April 1, 1998; comments received by June 1, 1998 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 to the Docket Clerk, Fruit
and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S,
Washington, DC 20090-6456; Fax: (202) 205-6632. 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, or
Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 2202 Monterey Street, suite 102B, Fresno, California 93721;
telephone: (209) 487-5901, Fax: (209) 487-5906; or George Kelhart,
Technical Advisor, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, Washington,
DC 20090-6456; telephone: (202) 720-2491, Fax: (202) 205-6632. Small
businesses may request information on compliance with this regulation
by contacting Jay Guerber, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S,
Washington, DC 20090-6456; telephone: (202) 720-2491; Fax: (202) 205-
6632.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreements Nos. 124 and 85, and Marketing Order Nos. 916 and 917 (7 CFR
parts 916 and 917) regulating the handling of nectarines and peaches
grown in California, respectively, hereinafter referred to as the
``orders.'' The marketing agreements and 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 12988, 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 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.
Under the orders, grade, size, maturity, and container and pack
requirements are established for fresh shipments of California
nectarines and peaches. Such requirements are in effect on a continuing
basis. The Nectarine Administrative Committee (NAC) and the Peach
Commodity Committee (PCC), which are responsible for local
administration of the orders, met on December 4, 1997, and unanimously
recommended that these handling requirements be revised for the 1998
season, which begins April 1. The changes: (1) correct the address for
the California Tree Fruit Agreement (CTFA); (2) modify the lot stamping
requirements; (3) establish a single date by which handlers must file
shipment reports; (4) define and provide dimensions for a new
container; (5) simplify size marking requirements for consumer packages
and establish marking requirements for the new container; (6) modify
weight counts for early varieties; (7) authorize shipments of ``CA
Utility'' quality fruit during the 1998 season; (8) standardize
container tolerances for mature and well-matured nectarines; (9) revise
varietal maturity and size requirements to reflect recent changes in
growing conditions; and (10) revise the names of some patented
nectarine varieties to reflect the name changes made by the patent
holders.
The committees meet prior to and during each season to review the
rules and regulations effective on a continuing basis for California
nectarines and peaches under the orders. 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.
No official crop estimate was available at the time of the
committees' meetings because the nectarine and peach trees were
dormant. The committees will recommend a crop estimate at their
meetings in early spring. However, preliminary estimates indicate that
the 1998 crop will be similar in size and characteristics to the 1997
crop which totaled 20,533,760 boxes of nectarines and 19,882,584 boxes
of peaches.
Communications (Peaches)
Section 917.110 of the peach order's rules and regulations provides
an address for communications to the CTFA. The Control Committee of
Order 917 provides administrative services for the NAC and PCC. The
CTFA is the name used to describe this administrative staff.
The CTFA moved its offices from Sacramento to Reedley, California,
thereby making the address published in this section no longer
accurate. For that reason, the PCC recommended that the address for the
Control Committee be changed to reflect the current location of the
CTFA's offices.
[[Page 16033]]
Lot Stamping Requirements
Sections 916.55 and 917.45 of the orders require inspection and
certification of nectarines and peaches, respectively, handled by
handlers. Sections 916.115 and 917.150 of the nectarine and peach
orders' rules and regulations, respectively, require that containers of
nectarines and peaches be stamped with the Federal-State Inspection
Service (inspection service) lot stamp number after inspection and
prior to shipment to show that the fruit has been inspected. Such
requirements apply to all containers of nectarines or peaches unless
such containers are loaded directly into railway cars or mailed
directly to consumers in consumer packages.
Lot stamp numbers are assigned to each handler by the inspection
service, but control of the lot stamps is retained by the inspector
assigned to each handler's packing facility. Handlers with full-time
inspectors have full-time access to the lot stamp, thus ensuring that
each container of nectarines and/or peaches is stamped as required.
Handlers without a full-time inspector have access to the lot stamp
only when the inspector is on the premises. Thus, containers packed and
placed on pallets in the inspector's absence can be stamped only after
the inspector returns and performs an inspection on samples of those
containers. However, a new container configuration on the 40 by 48 inch
metric pallet is increasingly utilized by the industry. When the new
containers are stacked on the standardized pallet, the result is a
nine-column configuration of stacked containers; i.e., eight outer
columns surrounding a ninth, center column. The center column of
containers in that configuration cannot easily be marked with the lot
stamp upon the return and approval of the inspector since a portion of
the outer columns have to be unstacked from the pallet to expose the
containers comprising the center column. After the containers in the
center column are marked with the lot stamp, the containers comprising
the outer columns must be restacked on the pallet. This unstacking and
restacking of containers in an effort to mark the center column of
containers with the lot stamp is time-consuming and increases the
handler's costs. This cost is borne solely by smaller handlers who do
not pack a sufficient number of containers in a day to require the
presence of a full-time inspector.
In an effort to decrease handling time and costs for smaller
handlers, the NAC and PCC voted unanimously to exempt the containers in
the center column of the nine-column configuration from the requirement
for a Federal-State Inspection Service lot stamp. This exemption is
currently estimated to affect fewer than 10 handlers and less than
10,000 boxes of nectarines and peaches, or approximately .6 percent of
handlers and less than .001 percent of the total boxes of nectarines
and peaches inspected during the 1997 season. Exempting containers in
this center column should still meet the intent of the orders' stamping
requirements by allowing buyers and the inspection service to
positively identify each inspected lot.
Reporting Procedures
Sections 916.60 and 917.50 of the orders require shipment reports
from nectarine and peach handlers to be submitted to the respective
committees. Sections 916.160(b) and 917.178(b) of the orders' rules and
regulations currently require that handlers report shipments of each
nectarine and peach variety by the tenth day of the month following the
month the varieties were shipped.
Handlers file approximately three shipment reports with the
committees per season, resulting in approximately 750 shipment reports
for nectarine handlers and approximately 900 shipment reports for peach
handlers. Each shipment report is estimated to take one hour for
handlers to complete.
In an effort to make reporting less burdensome to handlers, the NAC
and PCC voted unanimously to establish a single reporting deadline of
November 15 of each year, no matter when shipments of each nectarine or
peach variety were made. This single reporting deadline simplifies the
reporting requirements so that handlers need only file one report each
for nectarine varieties and for peach varieties at the end of the
season rather than numerous reports providing the shipments of
individual nectarine and peach varieties during the season. This
relaxation is estimated to reduce burden hours for nectarine handlers
to approximately 250 hours from 750 hours and for peach handlers to
approximately 300 from 900 hours.
Container Requirements
Sections 916.52 and 917.41 of the nectarine and peach orders,
respectively, provide authority to fix the size, capacity, weight,
dimensions, markings, or pack of containers that may be used in the
packaging and handling of these fruits. Sections 916.350 and 917.442 of
the orders' rules and regulations specify container and pack
requirements for nectarine and peach shipments. In part, the container
requirements specify the dimensions of the boxes commonly used by
handlers of nectarines and peaches. In recent years, to realize
efficiencies in utilizing space, the produce industry has standardized
shipment and storage of produce on a pallet measuring 40 by 48 inches.
With the adoption of this pallet, some of the boxes commonly utilized
by nectarine and peach handlers are being replaced by boxes which more
readily conform to the new, standardized pallet. One box that is used
more frequently is the No. 32 standard box, which measures 5\3/4\ to
7\1/4\ inches (inside dimensions) by 12 inches by 19-\3/4\ inches
(outside dimensions). This box is commonly referred to as the
``shoebox'' because of its distinctive shape. The NAC and PCC believe
that new boxes, such as the No. 32, will become increasingly important
to the industry because of their widespread acceptance by retailers and
their use in conjunction with the standardized pallet. For those
reasons, the NAC and PCC voted unanimously to include the definition
and dimensions of the No. 32 standard box within the orders' rules and
regulations.
Use of the No. 32 standard box has also become interchangeable with
the No. 22D standard box. In part, this is because the capacity of the
two containers is similar, so handlers can pack the same number of
fruit of a particular size in either box. For that reason,
Secs. 916.350 and 917.442 of the orders' rules and regulations are
modified to specify that sizes of fruit shall be based on the number
that can be packed in accordance with the requirements of standard pack
in either a No. 32 standard box or a No. 22D standard lug box.
Sections 916.350 and 917.442 of the orders' rules and regulations
also require containers to be marked with certain information,
including the size and/or number of pieces of fruit in the container,
the name of the variety, if known, the maturity, and the name and
address of the shipper. Because the No. 32 standard box is also
currently the principal container used for molded forms (tray packs),
the No. 32 box has now become the industry standard for determining the
sizes in tray-pack packages. Thus, requiring markings for both the size
and count of fruit in this container is not necessary. For example, if
a No. 32 box is marked ``80 size,'' the buyer already knows it contains
80 pieces of ``size 80'' fruit because the number of fruit that fit in
standard pack configuration is the basis for the size designation.
[[Page 16034]]
Another packaging style whose use has become increasingly
widespread is the one-layer consumer package. Consumer packages of
nectarines and peaches are smaller boxes or bags of fruit suited for
display and sale as single units in some retail outlets. Consumer
packages of nectarines and peaches are generally smaller units without
adequate space on the outside ends for additional markings. Requiring
dual markings on consumer boxes would place a burden on handlers who
prefer to minimize markings on the outside of these boxes.
Thus, No. 32 boxes and consumer packages are required to be marked
with either the size of the fruit, e.g., ``88 size'' or ``80 size,'' or
the count, e.g., ``88 count'' or ``80 count,'' but not both,
eliminating the requirement for dual markings on these containers. This
is consistent with the rules and regulations of the orders and with
historical practices within the nectarine and peach industry.
Sections 916.350 and 917.442 of the orders' rules and regulations
also specify in Table 1 of paragraphs (a)(4)(iv) of Secs. 916.350 and
917.442 the tray pack size designations which must be marked on
containers of nectarines or peaches, respectively, depending on the
size of the fruit. The weight-count size designations specify the
maximum number of nectarines or peaches in a 16-pound sample for each
tray-pack size designation. This rule revises Secs. 916.350 and 917.442
by modifying the weight counts of early-season fruit sizes 56 to 72 in
Table 1 of those paragraphs.
According to the information provided by a handler of early-season
nectarines and peaches, increasing amounts of early-season nectarines
and peaches are currently being converted to volume-filled containers
from the traditional tray packs. Early-season nectarines and peaches
lack the density of mid-season and late-season fruit, while maintaining
overall size. For this reason, early-season nectarines and peaches may
adequately fill the tray-pack container molded forms; but, when
converted to volume-filled containers without the molded forms, the
early-season fruit lacks the weight to adequately meet the requirements
of a 16-pound sample. In the past, the handler was required to include
an additional nectarine or peach in the 16-pound sample to meet the
required sample weight for five sizes of nectarines and peaches when
the tray-pack container is converted to the volume-filled container.
This results in lower returns for the producer and handler of early-
season fruit sold in volume-filled containers. The NAC and PCC
unanimously recommended modifications to the early-season weight-count
standards for five sizes of nectarines and peaches by the addition of
one piece of fruit to each weight-count standard currently in effect
for sizes 56 to 72. Such a change modifies Table 1 of paragraphs
(a)(4)(iv) in Secs. 916.350 and 917.442 by adding an additional
nectarine or peach, respectively, to sizes 56, 60, 64, 70, and 72. The
change will permit handlers to more easily convert tray-packed
nectarines and peaches to volume-filled containers and decrease the
handling costs associated with that conversion.
Quality Requirements
Sections 916.52 and 917.41 of the orders authorize the
establishment of grade and quality requirements for nectarines and
peaches, respectively. Prior to the 1996 season, Sec. 916.356 of the
order's rules and regulations required nectarines to meet a modified
U.S. No. 1 grade. Specifically, nectarines were required to meet U.S.
No. 1 grade requirements, except there was a slightly tighter
requirement for scarring and a more liberal allowance for misshapen
fruit. Under Sec. 917.459 of the order's rules and regulations prior to
the 1996 season, peaches were also required to meet the requirements of
a U.S. No. 1 grade, except there was a more liberal allowance for open
sutures that were not ``serious damage.''
This rule revises Sec. 916.350, Sec. 916.356, Sec. 917.442, and
Sec. 917.459 to permit shipments of nectarines and peaches meeting ``CA
Utility'' quality requirements during the 1998 season. (``CA Utility''
fruit is lower in quality than that meeting the modified U.S. No. 1
grade requirements.) Shipments of nectarines and peaches meeting ``CA
Utility'' quality requirements were permitted during the 1996 and 1997
seasons only.
Preliminary studies conducted by the NAC and PCC indicate that some
consumers, retailers, and foreign importers found the lower quality
fruit acceptable in some markets. Shipments of ``CA Utility''
nectarines represented 1.1 percent of all nectarine shipments, or
approximately 210,000 boxes in 1996. In 1997, shipments of ``CA
Utility'' nectarines represented 1.1 percent of all nectarines
shipments, or approximately 230,000 boxes. Shipments of ``CA Utility''
peaches represented 1.9 percent of all peach shipments, or 366,000
boxes in 1996. In 1997, shipments of ``CA Utility'' peaches represented
1.0 percent of all peach shipments, or approximately 217,000 boxes.
For these reasons, the NAC and PCC unanimously recommended that
shipments of ``CA Utility'' quality nectarines and peaches,
respectively, be permitted for the 1998 season with a continuing in-
house statistical review.
Clarification of Container Tolerances (Nectarines)
As previously indicated, the orders require that, except for ``CA
Utility'' quality fruit, nectarines and peaches meet most of the
requirements of the U.S. No. 1 grade. These requirements include the
requirement that such fruit is ``mature.'' (``CA Utility'' fruit is
also required to be ``mature.'') A second, higher maturity standard of
``well matured'' is also defined in the rules and regulations for both
nectarines and peaches.
For those grade factors included in the U.S. Standards for Grades
of Nectarines and for Grades of Peaches (standards), tolerances are
provided for fruit that fail to meet those factors to allow for
variations incident to proper grading and handling. Tolerances are
specified for both entire lots of fruit and for individual containers
within the lot. These tolerances may be modified by the orders' rules
and regulations.
On December 4, 1997, the NAC recommended a nectarine container
tolerance of one and one-half times the lot tolerance in instances
where the lot tolerance was 10 percent or more, and a nectarine
container tolerance of twice the lot tolerance in instances where the
lot tolerance was 9 percent or less. This nectarine container tolerance
will be identical to that currently in effect for peaches. This
standardization of container tolerances between nectarines and peaches
should benefit handlers of both fruits. These tolerances are specified
in a revised paragraph (c) of Sec. 916.356.
Maturity Requirements
Both orders provide (in Secs. 916.52 and 917.41) authority to
establish maturity requirements for nectarines and peaches,
respectively. The minimum maturity level currently specified for
nectarines and peaches is ``mature'' as defined in the standards.
Additionally, both orders'' rules and regulations provide for a higher,
``well matured'' classification. For most varieties, ``well-matured''
fruit determinations are made using maturity guides (e.g., color
chips). These maturity guides are reviewed each year by the Shipping
Point Inspection Service (SPI) to determine whether they need to be
changed based on the most recent information available on the
individual characteristics of each variety. These maturity guides
established under the handling regulations of the California tree fruit
[[Page 16035]]
marketing orders have been codified in the Code of Federal Regulations
as Table 1 in Secs. 916.356 and 917.459, for nectarines and peaches,
respectively.
The requirements in the 1998 handling regulation are the same as
those that appeared in the 1997 handling regulation with a few
exceptions. Those exceptions are explained in this rule.
Nectarines: Requirements for ``well-matured'' nectarines are
specified in Sec. 916.356 of the order's rules and regulations. This
rule revises Table 1 of paragraph (a)(1)(iv) of Sec. 916.356 to add
maturity guides for 2 nectarine varieties. Specifically, Shipping Point
Inspection (SPI) recommended adding maturity guides for the June Brite
nectarine variety at a maturity guide of I; and the Diamond Ray
nectarine variety at a maturity guide of L.
The NAC recommended these maturity requirements based on SPI's
continuing review of individual maturity characteristics and
identification of the appropriate maturity guide corresponding to the
``well-matured'' level of maturity for nectarine varieties in
production.
Table 1 of paragraph (a)(1)(iv) of Sec. 916.356 is also revised to
remove 15 nectarine varieties which are no longer in production. The
NAC routinely reviews the status of nectarine varieties listed in these
maturity guides. The most recent review revealed that 15 of the
nectarine varieties currently listed in the maturity guide have not
been in production since the 1995 season. Typically, the NAC recommends
removing a variety after non-production for three seasons, or if trees
of that variety are known to have been pulled out, because a maturity
guide for an obsolete variety is no longer needed. The varieties
removed include the Ama Lyn, Del Rio Rey, Gold King, Grand Stan, June
Grand, Kent Grand, Le Grand, Red June, Regal Grand, Sierra Star/181-
119, Spring Grand, Spring Top, Star Bright, Star Grand, and Tasty Free
nectarine varieties.
In addition, the 61-61 nectarine variety is removed from all
variety-specific regulations, including the requirement for 80 percent
surface color, as specified in Sec. 916.350. Similarly, the Fairlane
nectarine variety is removed. The varieties will be regulated at the
requirement for 90 percent surface color. With the removal of the
Fairlane and 61-61 nectarine varieties, the Tom Grand nectarine variety
will remain as the only variety regulated at the requirement for 80
percent surface color.
Peaches: Section 917.459 of the order's rules and regulations
specifies maturity requirements for fresh peaches being inspected and
certified as being ``well matured.''
This rule revises Table 1 of paragraph (a)(1)(iv) of Sec. 917.459
to add maturity guides for 2 peach varieties. Specifically, SPI
recommended adding the maturity guides for the Rich Mike peach variety
to be regulated at the H maturity guide, and the August Lady peach
variety to be regulated at the L maturity guide.
The PCC recommended these maturity requirements based on SPI's
continuing review of individual maturity characteristics and
identification of the appropriate maturity guide corresponding to the
``well-matured'' level of maturity for peach varieties in production.
Table 1 of paragraph (a)(1)(iv) of Sec. 917.459 is also revised to
remove 7 peach varieties which are no longer in production. The PCC
routinely reviews the status of peach varieties listed in these
maturity guides. The most recent review revealed that 7 of the peach
varieties currently listed in the maturity guide have not been in
production since the 1995 season. Typically, the PCC recommends
removing a variety after non-production for three seasons, or if trees
of that variety are known to have been pulled out, because a maturity
guide for an obsolete variety is no longer needed. The varieties
removed include the Cardinal, Early Coronet, July Lady, Kearney, May
Lady, Prime Crest, and Redglobe peach varieties.
Size Requirements
Both orders provide (in Secs. 916.52 and 917.41) authority to
establish size requirements. Size regulations encourage producers to
leave fruit on the tree longer. This increased growing time not only
improves the size of the fruit, but also increases its maturity.
Increased size also results in an increased number of packed boxes of
nectarines or peaches per acre. Acceptable size fruit also provides
greater consumer satisfaction, more repeat purchases, and, therefore,
increases returns to producers and handlers. Varieties recommended for
specific size regulation have been reviewed and such recommendations
are based on the specific characteristics of each variety. The NAC and
PCC conduct studies each season on the range of sizes reached by the
regulated varieties and determine whether revisions in the size
requirements are appropriate.
Nectarines: Section 916.356 of the order's rules and regulations
specifies minimum 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 10 nectarine varieties that were
produced in commercially-significant quantities of more than 10,000
packages for the first time during the 1997 season. This rule also
modifies the variety-specific size requirements for 3 varieties of
nectarines.
For example, one of the varieties recommended for addition to the
variety-specific size requirements is the Brite Pearl variety. Studies
of the size ranges attained by the Brite Pearl variety revealed all of
the nectarines of the Brite Pearl variety met sizes 40, 50, 60, 70, and
80. While the size distribution peaked on the size 60, 100 percent of
the fruit sized at a minimum of size 80.
A review of other varieties with the same harvesting period
indicated that Brite Pearl was also comparable to those varieties in
its size ranges. Thus, the recommendation to place the Brite Pearl
nectarine variety in the variety-specific size regulation at a size 80
is appropriate. Historical variety data such as this provides the NAC
with the information necessary to recommend the appropriate sizes at
which to regulate various nectarine varieties. In addition, producers
of the varieties affected are invited to comment when such size
recommendations are deliberated.
For reasons similar to those discussed in the preceding paragraph,
the introductory text of paragraph (a)(4) of Sec. 916.356 is revised to
include the Diamond Bright, June Pearl, Prima Diamond IV, and Prima
Diamond XIII nectarine varieties; and the introductory text of
paragraph (a)(6) in Sec. 916.356 is revised to include the August Snow,
Brite Pearl, Crystal Rose, Fire Pearl, Prima Diamond XIX, and Prima
Diamond XXIV nectarine varieties.
This rule also revises the introductory text of paragraph (a)(6) of
Sec. 916.356 to remove 3 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 1997
season. Thus, the introductory text of paragraph (a)(6) is revised to
remove the Bob Grand, Kism Grand, and 80P-1135 nectarine varieties.
This rule also revises the introductory text of paragraph (a)(4) of
Sec. 916.356 to modify the identification of the Prima Diamond II
nectarine variety; and revises the introductory text of paragraph
(a)(6) of Sec. 916.356 to modify the identification of the Prima
Diamond IV, Prima Diamond VII, Prima Diamond VIII, and 424-195
nectarine varieties. The names have been changed as follows: Prima
Diamond II has been
[[Page 16036]]
changed to Prima Diamond IV, Prima Diamond IV has been changed to Prima
Diamond IX, Prima Diamond VII has been changed to Prima Diamond XVI,
Prima Diamond VIII has been changed to Prima Diamond XVIII, and 424-195
has been changed to Late How Red, respectively. Such changes are done
routinely when the holder of a patented variety of nectarines changes
the variety's name. For that reason, all references to these varieties
have been changed.
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.
Peaches: Section 917.459 of the order's rules and regulations
specifies minimum size requirements for fresh peaches in paragraphs
(a)(2) through (a)(5), and paragraphs (b) and (c). This rule revises
Sec. 917.459 to establish variety-specific size requirements for 10
peach varieties that were produced in commercially-significant
quantities of more than 10,000 packages for the first time during the
1997 season. This rule adds one paragraph to Sec. 917.459(a), and
redesignates the other paragraph numbers. Current paragraphs (a)(2),
(a)(3), (a)(4), (a)(5) are redesignated as paragraphs (a)(3), (a)(4),
(a)(5), and (a)(6), while a new paragraph (a)(2) is added. Paragraph
(a)(2) of Sec. 917.459 is used to regulate peaches at a minimum size
96. A conforming change is required at paragraphs (b) and (c) which
refer to these redesignated paragraphs.
One of the varieties recommended for addition to the variety-
specific size requirements is the Spring Snow variety. Studies of the
size ranges attained by the Spring Snow variety revealed that none of
that variety met the smallest sizes, sizes 96, 88, and 84. While the
size distribution peaked on size 50, the minimum size encompassing 100
percent of the variety was size 80.
A review of other varieties of the same harvesting period indicated
that Spring Snow was also comparable to those varieties in its size
ranges. Thus, the recommendation to place the Spring Snow peach variety
in the variety-specific size regulation at a size 80 is appropriate.
Historical variety data such as this provides the PCC with the
information necessary to recommend the appropriate sizes at which to
regulate various peach varieties. In addition, producers of the
affected varieties are invited to comment when such size
recommendations are deliberated.
In Sec. 917.459 of the order's rules and regulations, paragraph
(a)(2) is added to include the Earlitreat and Lady Sue peach varieties
to be regulated at a minimum size 96. The introductory text of
paragraph (a)(5) is revised to include the Pink Rose, Prima Peach IV,
Spring Snow, and White Dream peach varieties; and the introductory text
of paragraph (a)(6) is revised to include the Madonna Sun, Prima Peach
VIII, Prima Peach 20, and Saturn (Donut) peach varieties.
This rule also revises Sec. 917.459 to remove 6 peach varieties
from the variety-specific size requirements specified in that section,
because less than 5,000 packages of this variety were produced during
the 1997 season. In Sec. 917.459, the introductory text of paragraph
(a)(5) is revised to remove the June Sun, Kingscrest, Kings Red, and
Snow Flame peach varieties. The introductory text of paragraph (a)(6)
of Sec. 917.459 is revised to remove the Prima Lady and Snow Ball 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 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 fruit sizes. 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 has determined
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.
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, 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.
There are approximately 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 service firms, which includes handlers,
are defined as those whose annual receipts are less than $5,000,000.
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. A majority of these handlers and producers may be
classified as small entities.
Under Secs. 916.52 and 917.41 of the orders, grade, size, maturity,
and container and pack requirements are established for fresh shipments
of California nectarines and peaches, respectively. Such requirements
are in effect on a continuing basis. This rule revises current
requirements to: (1) correct the address for the CTFA; (2) modify the
lot stamping requirements; (3) establish a single date by which
handlers must file shipment reports; (4) define and provide dimensions
for a new container; (5) simplify size marking requirements for the new
container; (6) modify weight counts for early varieties; (7) authorize
shipments of ``CA Utility'' quality fruit during the 1998 season; (8)
standardize container inspection tolerances for mature and well-matured
nectarines; (9) revise varietal maturity and size requirements to
reflect recent changes in growing conditions; and (10) revise names of
some patented nectarine and peach varieties consistent with name
changes made by patent holders.
In Sec. 917.110 of the peach order's rules and regulations, the
address of the CTFA is listed for various communications (reports,
applications,
[[Page 16037]]
submittals, requests, etc.). However, since the rule was published, the
CTFA moved its offices from Sacramento to Reedley, California. Updating
the address of the CTFA is a clarifying change which will have no
practical impact on producers or handlers.
In Secs. 916.115 and 917.150 of the nectarine and peach orders'
rules and regulations, respectively, handlers are required to stamp
containers of nectarines and peaches with the Federal-State Inspection
Service lot stamp number after inspection and prior to shipment. Such a
requirement is relatively easy and cost effective for larger handlers
who pack sufficient numbers of containers in a day to warrant the
presence of a full-time inspector who maintains control of the
handler's lot stamp. However, for smaller handlers who do not pack
sufficient numbers of containers in a day to warrant the presence of a
full-time inspector assigned to their facility, the requirement for a
lot stamp creates an unnecessary burden of increased packing time and
costs. Containers packed and placed on pallets in the inspector's
absence must be stamped after the inspector returns and performs an
inspection on samples of those containers. The increased use of new
container styles and a standardized pallet has created a nine-column
configuration of stacked containers consisting of eight columns
surrounding a ninth, center column. The center column is difficult to
mark with the lot stamp since a portion of the other eight columns must
be unstacked to allow access to the center column. Exempting the
containers in the center column of the nine-column configuration from
lot stamp marking requirements will decrease handling time and costs
for smaller handlers who have only intermittent inspections in a day.
This change should have a positive impact on the affected handlers.
This exemption is currently estimated to affect fewer than 10 handlers
and less than 10,000 boxes of nectarines and peaches.
In Secs. 916.160 and 917.178 of the orders' rules and regulations,
handlers are required to report shipments of each nectarine and peach
variety, respectively, not later than the tenth day of the month
following the month in which the varieties were shipped. Currently,
handlers file approximately three shipment reports with the committees
per season, resulting in approximately 750 shipment reports for
nectarine handlers and approximately 900 shipment reports for peach
handlers. Each shipment report is estimated to take one hour for
handlers to complete. In an effort to make reporting less burdensome to
handlers, the NAC and PCC recommended the establishment of a single
date as a reporting deadline, no matter when shipments of each
nectarine or peach variety were made. This single reporting deadline
simplifies the reporting requirements so that handlers need only file
one report each for nectarine and peach shipments upon conclusion of
the handling season. This is a relaxation of the reporting requirements
and burden for the benefit of handlers. This relaxation is estimated to
reduce burden hours for nectarine handlers to approximately 250 hours
from 750 hours and for peach handlers to approximately 300 from 900
hours.
In Secs. 916.350 and 917.442 of the rules regulating nectarines and
peaches, respectively, several container types are identified by a
name, such as 12B or 22G, and then further defined by their dimensions
and weight-holding capacities. This rule defines and describes a new
container, the No. 32 (shoebox), which is more easily configured to fit
a standard 40 by 48 inch pallet. Both the container and the pallet are
increasingly utilized by the industry because they are favored by
retailers. The addition of this container to the orders' rules and
regulations provides increased flexibility for handlers by providing
yet another approved container for shipments of nectarines and peaches.
Sections 916.350 and 917.442 of the orders' rules and regulations
require specified container markings. To facilitate the use of the No.
32 standard box and consumer packages, these container marking
requirements are clarified by referencing the containers and simplified
by eliminating one marking requirement for use on these containers.
Eliminating the dual marking requirement will ease the burden on
handlers.
Consumer packages of nectarines and peaches are smaller boxes
without adequate space on the outside ends for marking both the fruit
size and count of fruit in the box. The No. 32 box has become the
industry standard for tray-pack arrangements. Including both the size
and count of fruit on these containers would be unnecessary since the
number of fruit in the box is also the size of the fruit in the box.
Requiring dual markings on these two boxes would place a burden on
handlers who prefer to minimize markings on the outside of the boxes.
Such markings on the outside of the boxes would be either the size of
the fruit, e.g., ``88 size'' or ``80 size,'' or the count, e.g., ``88
count'' or ``80 count,'' but not both, eliminating the requirement for
dual markings on these containers. This is consistent with the rules
and regulations of the orders and is a relaxation of the marking
requirements.
In Secs. 916.350 and 917.442 of the orders' rules and regulations
concerning nectarines and peaches, respectively, the use of container
markings is specified. Container markings based on weight standards
differ for early-season nectarines and peaches, compared to those
marketed later in the season. The NAC and PCC routinely conduct tests
to determine the optimum weight-count standards for such early-season,
mid-season, and late-season nectarines and peaches, respectively.
Acting upon information from a handler of early-season nectarines and
peaches, the NAC and PCC have determined that while early-season
nectarines and peaches frequently attain a size to adequately fill the
molded forms when tray-packed, early-season nectarines and peaches are
not as dense as mid-season and late-season nectarines and peaches, and
thus, fail to meet the current weight standards set for specified sizes
when converted to volume-filled containers. When such tests were
performed by the NAC and PCC in 1994 and 1995, early-season nectarines
and peaches were not predominately packed in volume-filled containers.
More commonly, early-season nectarines and peaches were packed in tray-
packs. As the practice of converting tray-packed containers of early-
season nectarines and peaches to volume-filled containers has
increased, more information about the characteristics of early-season
nectarines and peaches has come to light. Thus, the NAC and PCC have
determined that the weight-count standards for five early-season
nectarine and peach sizes need to be adjusted by adding one piece of
fruit to the 16-pound sample of fruit of these sizes to accommodate
volume-filled container shipments to the benefit of producers and
handlers.
Therefore, the NAC and PCC unanimously recommended modifications to
the early-season weight-count standards for five sizes of nectarines
and peaches by the addition of one piece of fruit to each weight-count
standard currently in effect for sizes 56 to 72. Such a change modifies
TABLE 1 of paragraphs (a)(4)(iv) in Secs. 916.350 and 917.442 of the
regulations by adding an additional nectarine or peach, respectively,
to sizes 56, 60, 64, 70, and 72. The change will permit handlers to
more easily convert tray-packed nectarines and peaches to volume-filled
containers and decrease
[[Page 16038]]
the handling costs associated with that conversion.
In Secs. 916.350 and 917.442 of the orders regulating nectarines
and peaches, respectively, lower-quality nectarines and peaches were
authorized for shipment as ``CA Utility'' as an experiment for the 1996
season only. Such authorization was continued during the 1997 season.
This rule permits the continued use of ``CA Utility'' quality fruit for
the 1998 season with a continued in-house statistical review to be
conducted by the NAC and PCC. During the 1996 season, the Department
authorized the shipment of nectarines and peaches which were of a lower
quality than the minimum permitted for previous seasons. During 1996,
there were 210,443 boxes of nectarines and 365,761 boxes of peaches
packed as ``CA Utility,'' or 1.1 percent and 1.9 percent of fresh
shipments, respectively. During 1997, there were 230,275 boxes of
nectarines and 216,562 boxes of peaches packed as ``CA Utility,'' or
1.1 percent and 1.0 percent of fresh shipments, respectively. Continued
availability of ``CA Utility'' quality fruit is expected to have a
positive impact on producers, handlers, and consumers by permitting
more nectarines and peaches to be shipped into fresh market channels,
without adversely impacting the market for higher quality fruit.
This rule also standardizes the container tolerances for
nectarines, with those currently in effect for peaches. Thus, the
revision of the container tolerance for nectarines simplifies handling
requirements for the industry.
Sections 916.356 and 917.442 of the orders' rules and regulations
for nectarines and peaches, respectively, currently establish minimum
maturity levels. This rule makes annual adjustments to the maturity
requirements for several varieties of nectarines and peaches. Maturity
requirements are based on maturity measurements generally using
maturity guides (e.g., color chips), as reviewed by SPI. Such maturity
guides provide producers, handlers, and SPI with objective tools for
measuring the maturity of different varieties of nectarines and
peaches. Such maturity guides are reviewed annually by SPI to determine
the appropriate guide for each nectarine and peach variety. These
annual adjustments reflect changes in the maturity patterns of
nectarines and peaches as experienced over the previous seasons'
inspections. Adjustments in the guides ensure that fruit has met an
acceptable level of maturity, thus ensuring consumer satisfaction while
benefitting nectarine and peach producers and handlers.
Currently, in Sec. 916.356 of the order's rules and regulations for
nectarines and Sec. 917.459 of the order's rules and regulations for
peaches, minimum sizes for various varieties of nectarines and peaches
are established. This rule makes adjustments to the minimum sizes
authorized for various varieties of nectarines and peaches for the 1998
season. Minimum size regulations are put in place to allow fruit to
stay on the tree for a greater length of time. This increased growing
time not only improves maturity, but also improves fruit size.
Increased fruit size increases the number of packed boxes per acre.
Increased fruit size and maturity also provide greater consumer
satisfaction and, therefore, more repeat purchases by consumers. Repeat
purchases and consumer satisfaction benefit producers and handlers
alike. Such adjustments to minimum sizes of nectarines and peaches are
recommended each year by the NAC and PCC based upon historical data,
and producer and handler information regarding sizes which the
different varieties attain.
This action does not impose any additional reporting and
recordkeeping requirements on either small or large handlers. In fact,
this action will reduce the reporting requirements and burden by
allowing handlers to file only one report each for nectarine and peach
shipments upon conclusion of the handling season. 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. In accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. Chapter 35), the information collection requirements
that are contained in Parts 916 and 917 have been previously approved
by the Office of Management and Budget (OMB) and have been assigned OMB
Nos. 0581-0072 and 0581-0080, respectively.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this rule. However, as previously
stated, nectarines and peaches under the orders have to meet certain
requirements set forth in the standards issued under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1621 through 1627). Standards issued
under the Agricultural Marketing Act of 1946 are otherwise voluntary.
In addition, the committees' meetings were widely publicized
throughout the nectarine and peach industries and all interested
parties were invited to attend the meetings and participate in
committee deliberations on all issues. These meetings are held annually
during the first week of December. Like all committee meetings, the
December 4, 1997, meetings were public meetings and all entities, both
large and small, were able to express views on these issues. The
committees themselves are composed of producers, the majority of whom
are small entities. Finally, interested persons are invited to submit
information on the regulatory and informational impacts of this action
on small businesses.
After consideration of all relevant matters presented, the
information and recommendations submitted by the committees, and other
information, it is found that this interim final 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, and that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register because: (1) California nectarine and peach producers
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 nectarines and peaches and
size requirements for several nectarine and peach varieties;
(3) California nectarine and peach handlers are aware of these
revised requirements recommended by the committees at public meetings,
and they will need no additional time to comply with such requirements;
and (4) the rule provides a 60-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:
1. The authority citation for 7 CFR parts 916 and 917 continues to
read as follows:
Authority: 7 U.S.C. 601-674.
[[Page 16039]]
PART 916--NECTARINES GROWN IN CALIFORNIA
2. Section 916.115 is revised to read as follows:
Sec. 916.115 Lot stamping.
Except when loaded directly into railway cars, exempted under
Sec. 916.110, or for nectarines mailed directly to consumers in
consumer packages, all exposed or outside containers of nectarines, and
not less than 75 percent of the total containers on a pallet, shall be
plainly stamped, prior to shipment, with a Federal-State Inspection
Service lot stamp number, assigned by such Service, showing that such
fruit has been USDA inspected in accordance with Sec. 916.55.
3. Section 916.160, paragraph (b) is revised to read as follows:
Sec. 916.160 Reporting procedure.
* * * * *
(b) Recapitulation of shipments. Each shipper of nectarines shall
furnish to the manager of the Nectarine Administrative Committee not
later than November 15 of each year a recapitulation of shipments of
each variety shipped during the just-completed season. The
recapitulation shall show: The name of the shipper, the shipping point,
the district of origin, the variety, and the number of packages, by
size, for each container type.
Sec. 916.350 [Amended]
4. Section 916.350 is amended by:
(A) Revising paragraphs (a)(4)(i), (a)(4)(ii), and (a)(4)(iii);
(B) Revising Table 1 in paragraph (a)(4)(iv);
(C) Revising paragraph (a)(5);
(D) Revising paragraph (b); and
(E) Revising paragraph (d) to read as follows:
Sec. 916.350 California nectarine container and pack regulation.
(a) * * *
(4) * * *
(i) The size of nectarines packed in molded forms (tray-packs) in
the No. 22D and the No. 32 standard boxes, cartons, or consumer
packages; No. 22G standard lug boxes, cartons; or the No. 12B fruit
(peach) boxes or flats; and the size of wrapped nectarines packed in
rows in No. 12B fruit (peach) boxes shall be indicated in accordance
with the number of nectarines in each container, such as ``80 count,''
``88 count,'' etc.
(ii) The size of nectarines in molded forms (tray-packs) in the No.
22G standard lug boxes shall be indicated according to the number of
such nectarines when packed in molded forms in the No. 22D standard lug
box or the No. 32 standard box in accordance with the requirements of
standard pack, such as ``80 size,'' ``88 size,'' etc., along with count
requirements in paragraph (a)(4)(i) of this section.
(iii) The size of nectarines loose-filled or tight-filled in any
container shall be indicated according to the number of such nectarines
when packed in molded forms in the No. 22D or No. 32 standard lug box
in accordance with the requirements of standard pack, such ``80 size,''
``88 size,'' etc.
(iv) * * *
Table 1.--Weight-Count Standards for All Varieties of Nectarines Packed
in Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
Column B--
Maximum
number of
nectarines
in 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........................................................ 68
70........................................................ 61
64........................................................ 56
60........................................................ 50
56........................................................ 47
54........................................................ 40
50........................................................ 39
48........................................................ 35
42........................................................ 31
40........................................................ 30
36........................................................ 25
34........................................................ 23
32........................................................ 22
30........................................................ 19
------------------------------------------------------------------------
* * * * *
(5) Each No. 22D standard lug box, No. 22G standard lug box, or No.
32 standard box of loose-filled nectarines shall bear on one outside
end, in plain sight and in plain letters, the words ``25 pounds net
weight.''
* * * * *
(b) As used in this section, ``standard pack'' and ``fairly uniform
in size'' shall have the same meaning as set forth in the 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. A 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, No. 32
standard box measures 5\3/4\ to 7\1/4\ x 12 x 19\3/4\ inches. All
dimensions are given in depth (inside dimensions) by width by length
(outside dimensions). ``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 the minimum California Well Matured standards.
* * * * *
(d) During the period April 1 through October 31, 1998, each
container or package when packed with nectarines meeting the CA Utility
requirements, shall bear the words ``CA Utility,'' along with all other
required container markings, in letters of \3/4\ inch minimum height on
the visible display panel. Consumer bags or packages must also be
clearly marked on the bag or package as ``CA Utility'' along with other
required markings.
* * * * *
5. Section 916.356 is amended by:
A. Revising paragraph (a)(1) introductory text;
B. Revising paragraph (a)(1)(iv) and Table 1 to paragraph
(a)(1)(iv);
C. Revising paragraphs (a)(2)(i), (a)(3)(i), (a)(4) introductory
text, (a)(4)(i), (a)(5)(i), (a)(6) introductory text,(a)(6)(i),
(a)(7)(i), (a)(8)(i), and (a)(9)(i); and
D. Revising paragraph (c) 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.
[[Page 16040]]
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: Provided further, That during the period
April 1 through October 31, 1998, any handler may handle nectarines if
such nectarines meet ``CA Utility'' quality requirements. The term ``CA
Utility'' means that not more than 30 percent of the nectarines in any
container meet or exceed the requirements of the U.S. No. 1 grade and
that such nectarines are mature and are:
* * * * *
(iv) 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.
The Federal or Federal-State Inspection Service will use the maturity
guides listed in Table 1 to Paragraph (a)(1)(iv) in making maturity
determinations for the specified varieties when inspecting to the
``well matured'' level of maturity. For these varieties, not less than
90 percent of any lot shall meet the color guide established for the
variety, and an aggregate area of not less than 90 percent of the fruit
surface shall meet the color guide established for the variety, except
that for the Tom Grand variety of nectarines, not less than an
aggregate area of 80 percent of the fruit surface shall meet the color
guide established for the variety. For varieties not listed, the
Federal or Federal-State Inspection Service will use such tests as it
deems proper. A variance for any variety from the application of the
maturity guides specified in Table 1 to paragraph (a)(1)(iv) may be
granted during the season to reflect changes in crop, weather, or other
conditions that would make the specified guides an inappropriate
measure of ``well matured.''
Table 1 to paragraph (a)(1)(iv)
------------------------------------------------------------------------
Column A variety Column B maturity guide
------------------------------------------------------------------------
Alshir Red................................. J
Apache..................................... G
April Glo.................................. H
Arm King................................... B
August Glo................................. L
August Lion................................ J
August Red................................. J
Aurelio Grand.............................. F
Autumn Delight............................. L
Autumn Grand............................... L
Big Jim.................................... J
Bob Grand.................................. L
Diamond Ray................................ L
Earliglo................................... I
Early Diamond.............................. J
Early May.................................. F
Early May Grand............................ H
Early Red Jim.............................. J
Early Sungrand............................. H
Fairlane................................... L
Fantasia................................... J
Firebrite.................................. H
Flamekist.................................. L
Flaming Red................................ K
Flavor Grand............................... G
Flavortop.................................. J
Flavortop I................................ K
Grand Diamond.............................. L
Independence............................... H
July Red................................... L
June Brite................................. I
Juneglo.................................... H
Kay Diamond................................ L
King Jim................................... L
Kism Grand................................. J
Late Le Grand.............................. L
Late Red Jim............................... J
Maybelle................................... F
May Diamond................................ I
May Fire................................... H
Mayglo..................................... H
May Grand.................................. H
May Jim.................................... I
May Kist................................... H
May Lion................................... J
Mid Glo.................................... L
Mike Grand................................. H
Moon Grand................................. L
Niagara Grand.............................. H
Pacific Star............................... G
P-R Red.................................... L
Red Diamond................................ L
Red Delight................................ I
Red Fred................................... J
Red Free................................... L
Red Glen................................... J
Red Glo.................................... I
Red Grand.................................. H
Red Jim.................................... L
Red May.................................... J
Rio Red.................................... L
Rose Diamond............................... J
Royal Delight.............................. F
Royal Giant................................ I
Royal Glo.................................. I
Ruby Diamond............................... L
Ruby Grand................................. J
Ruby Sun................................... J
Scarlet Red................................ K
September Grand............................ L
September Red.............................. L
Sheri Red.................................. J
Son Red.................................... L
Sparkling June............................. L
Sparkling May.............................. J
Sparkling Red.............................. L
Spring Bright.............................. L
Spring Diamond............................. L
Spring Red................................. H
Star Brite................................. J
Summer Beaut............................... H
Summer Blush............................... J
Summer Bright.............................. J
Summer Diamond............................. L
Summer Fire................................ L
Summer Grand............................... L
Summer Lion................................ L
Summer Red................................. L
Summer Star................................ G
Sunburst................................... J
Sun Diamond................................ I
Sunfre..................................... F
Sun Grand.................................. G
Super Star................................. G
Tasty Gold................................. H
Tom Grand.................................. L
Zee Glo.................................... J
Zee Grand.................................. I
------------------------------------------------------------------------
Note: Consult with the Federal or Federal-State Inspection
Service Supervisor for the maturity guides applicable to the
varieties not listed above.
* * * * *
(2) * * *
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a standard pack, not
more than 108 nectarines in the box; or
* * * * *
(3) * * *
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a standard pack, not
more than 96 nectarines in the box; or
* * * * *
(4) Any package or container of Arctic Glo, Arctic Rose, Arctic
Star, Diamond Bright, Early May, June Brite, Juneglo, June Pearl, Kay
Glo, May Diamond, May Grand, May Lion, Pacific Star, Prima Diamond IV,
Prima Diamond VI, Prima Diamond 13, Prince Jim, Red Delight, Red Glo,
Rose Diamond, Royal Glo, Sparkling May, Star Brite, or Zee Grand
variety nectarines unless:
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a standard pack, not
more than 88 nectarines in the box; or
* * * * *
(5) * * *
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a
[[Page 16041]]
standard pack, not more than 84 nectarines in the box; or
* * * * *
(6) Any package or container of Alshir Red, Alta Red, Arctic Pride,
Arctic Queen, Arctic Snow (White Jewel), Arctic Sweet, August Glo,
August Lion, August Red, August Snow, Autumn Delight, Big Jim, Brite
Pearl, Crystal Rose, Diamond Ray, Early Red Jim, Fairlane, Fantasia,
Firebrite, Fire Pearl, Flame Glo, Flamekist, Flaming Red, Flavor Grand,
Flavortop, Flavortop I, Grand Diamond, Honey Kist, How Red, July Red,
Kay Diamond, King Jim, Late How Red, Late Red Jim, Mid Glo, Moon Grand,
Niagara Grand, P-R Red, Prima Diamond IX, Prima Diamond XVI, Prima
Diamond XVIII, Prima Diamond XXIV, Prima Diamond XIX, Red Diamond, Red
Fred, Red Free, Red Glen, Red Jim, Rio Red, Royal Giant, 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, or Zee Glo variety nectarines unless:
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a standard pack, not
more than 80 nectarines in the box, or if the nectarines are ``well
matured,'' not more than 84 nectarines in the box; or
* * * * *
(7) * * *
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a standard pack, not
more than 96 nectarines in the box; or
* * * * *
(8) * * *
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a standard pack, not
more than 88 nectarines in the box; or
* * * * *
(9) * * *
(i) Such nectarines, when packed in molded forms (tray packs) in a
No. 22D standard lug box or a No. 32 standard box, are of a size that
will pack, in accordance with the requirements of a standard pack, not
more than 80 nectarines in the box or, if the nectarines are ``well
matured,'' not more than 84 nectarines in the box; or
* * * * *
(c) Container tolerances. The contents of individual packages in
the lot are subject to the following limitations, provided the averages
for the entire lot are within the tolerances specified in this part:
(1) For packages which contain more than 10 pounds, and a tolerance
of 10 percent or more is provided, individual packages shall have not
more than one and one-half times the tolerance specified. For packages
which contain more than 10 pounds and a tolerance of less than 10
percent is provided, individual packages shall have not more than
double the tolerance specified.
(2) For packages which contain 10 pounds or less, individual
packages are not restricted as to the percentages of defects.
* * * * *
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
6. Section 917.110 is revised to read as follows:
Sec. 917.110 Communications.
Unless otherwise prescribed in this subpart, or in the marketing
agreement and order, or required by the Control Committee, or a
particular commodity committee, all reports, applications, submittals,
requests, and communications in connection with the marketing agreement
and order shall be addressed as follows:
Control Committee, California Tree Fruit Agreement, P.O. Box
968, Reedley, CA, 93654-0968.
7. Section 917.150 is revised to read as follows:
Sec. 917.150 Lot stamping.
Except when loaded directly into railway cars, exempted under
Sec. 917.143, or for peaches mailed directly to consumers in consumer
packages, all exposed or outside containers of peaches, but not less
than 75 percent of the total containers on a pallet, shall be plainly
stamped, prior to shipment, with a Federal-State Inspection Service lot
stamp number, assigned by such Service, showing that such fruit has
been USDA inspected in accordance with Sec. 917.45.
8. Section 917.178, paragraph (b) is revised to read as follows:
Sec. 917.178 Peaches.
* * * * *
(b) Recapitulation of shipments. Each shipper of peaches shall
furnish to the manager of the Control Committee not later than November
15 of each year a recapitulation of shipments of each variety shipped
during the just-completed season. The recapitulation shall show: The
name of the shipper, the shipping point, the district of origin, the
variety, and the number of packages, by size, for each container type.
9. Section 917.442 is amended by:
(A) Revising paragraphs (a)(4)(i), (a)(4)(ii), and (a)(4)(iii);
(B) Revising Table 1 in paragraph (a)(4)(iv);
(C) Revising paragraph (a)(6);
(D) Revising paragraph (b); and
(E) Revising paragraph (d) to read as follows:
Sec. 917.442 California peach container and pack regulation.
(a) * * *
(4) * * *
(i) The size of peaches packed in molded forms (tray-packs) in the
No. 22D and No. 32 standard boxes, cartons, or consumer packages; No.
22G standard lug boxes, experimental containers, cartons; or No. 12B
fruit (peach) boxes or flats; and the size of wrapped peaches packed in
rows in No. 12B fruit (peach) boxes shall be indicated in accordance
with the number of peaches in each container, such as ``80 count,''
``88 count,'' etc.
(ii) The size of peaches in molded forms in experimental containers
shall be indicated according to the number of such peaches when packed
in molded forms in the No. 22D standard lug box or the No. 32 standard
box in accordance with the requirements of standard pack, such as ``80
size,'' ``88 size,'' etc., along with the count requirements in
paragraph (a)(4)(i) of this section.
(iii) The size of peaches loose-filled or tight-filled in any
container shall be indicated according to the number of such peaches
when packed in molded forms in No. 22D or No. 32 standard boxes, in
accordance with the requirements of standard pack, such as ``80 size,''
``88 size,'' etc.
(iv) * * *
Table 1--Weight-Count Standards for All Varieties of Peaches Packed in
Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
Column
Column A1 B2
------------------------------------------------------------------------
96............................................................ 96
88............................................................ 92
84............................................................ 83
80............................................................ 76
72............................................................ 69
70............................................................ 65
64............................................................ 57
[[Page 16042]]
60............................................................ 51
56............................................................ 47
54............................................................ 44
50............................................................ 39
48............................................................ 35
42............................................................ 31
40............................................................ 30
36............................................................ 27
34............................................................ 25
32............................................................ 23
30............................................................ 21
------------------------------------------------------------------------
1Tray Pack Size Designation.
2Maximum Number of Peaches in a 16-pound Sample Applicable to Varieties
Specified in Paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(iii),
(a)(5)(ii), and (b)(3) of Sec. 917.459.
* * * * *
(6) Each No. 22D standard lug box or No. 32 standard box of loose-
filled peaches shall bear on one outside end, in plain sight and in
plain letters, the words ``25 pounds net weight.''
* * * * *
(b) As used in this section, ``standard pack'' and ``fairly uniform
in size'' shall have the same meaning as set forth in the U.S.
Standards for Grade 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. A 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, No. 32 standard box measures 5\3/4\ to 7\1/4\ x 12 x 19\3/
4\ inches. All dimensions are given in depth (inside dimensions) by
width by length (outside dimensions). ``Individual consumer packages''
means packages holding 15 pounds or less net weight of peaches. ``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 the minimum California Well Matured standards.
* * * * *
(d) During the period April 1 through November 23, 1998, each
container or package when packed with peaches meeting CA Utility
requirements, shall bear the words ``CA Utility,'' along with all other
required container markings, in letters of \3/4\ inch minimum height on
the visible display panel. Consumer bags or packages must also be
clearly marked on the bag or package as ``CA Utility'' along with other
required markings.
* * * * *
10. Section 917.459 is amended by:
(A) Revising paragraph (a)(1) introductory text;
(B) Revising Table 1 to paragraph (a)(1)(iv);
(C) Redesignating paragraphs (a)(2), (a)(3), (a)(4), and (a)(5), as
paragraphs (a)(3), (a)(4), (a)(5), and (a) (6), respectively, and
adding a new paragraph (a)(2); and
(D) Revising newly redesignated paragraphs (a)(3)(i),
(a)(5)introductory text, (a)(5)(i), (a)(6) introductory text,
(a)(6)(i), and paragraph (b) introductory text, (b)(1), (c)
introductory text, and (c)(1) to read as follows:
Sec. 917.459 California peach grade and size regulation.
(a) * * *
(1) Any lot or package or container of any variety of peaches
unless such peaches meet the requirements of U.S. No. 1 grade:
Provided, That an additional 25 percent tolerance shall be permitted
for fruit with open sutures which are damaged, but not seriously
damaged: Provided further, That during the period April 1 through
November 23, 1998, any handler may handle peaches if such peaches meet
``CA Utility'' quality requirements. The term ``CA Utility'' means that
not more than 30 percent of the peaches in any container meet or exceed
the requirements of the U.S. No. 1 grade and that such peaches are
mature and are:
* * * * *
(iv) * * *
Table 1 to paragraph (a)(l)(iv)
------------------------------------------------------------------------
Column A--Variety Column B--Maturity guide
------------------------------------------------------------------------
Ambercrest.................................. G
Angelus..................................... I
August Lady................................. L
August Sun.................................. I
Autumn Crest................................ I
Autumn Gem.................................. I
Autumn Lady................................. H
Autumn Rose................................. I
Belmont (Fairmont).......................... I
Berenda Sun................................. I
Blum's Beauty............................... G
Cal Red..................................... I
Carnival.................................... I
Cassie...................................... H
Coronet..................................... E
Crimson Lady................................ J
Crown Princess.............................. J
David Sun................................... I
Diamond Princess............................ J
Early Delight............................... H
Early Elegant Lady.......................... L
Early May Crest............................. H
Early O'Henry............................... I
Early Top................................... G
Elberta..................................... B
Elegant Lady................................ L
Fairtime.................................... G
Fancy Lady.................................. J
Fay Elberta................................. C
Fayette..................................... I
Fire Red.................................... I
First Lady.................................. D
Flamecrest.................................. I
Flavorcrest................................. G
Flavor Queen................................ H
Flavor Red.................................. G
Franciscan.................................. G
Goldcrest................................... H
Golden Crest................................ H
Golden Lady................................. F
Honey Red................................... G
John Henry.................................. J
July Elberta................................ C
June Lady................................... G
June Pride.................................. J
June Sun.................................... H
Kern Sun.................................... H
Kingscrest.................................. H
Kings Lady.................................. I
Kings Red................................... I
Lacey....................................... I
Mary Anne................................... G
May Crest................................... G
May Sun..................................... I
Merrill Gem................................. G
Merrill Gemfree............................. G
O'Henry..................................... I
Pacifica.................................... G
Parade...................................... I
Pat's Pride................................. D
Prima Lady.................................. J
Queencrest.................................. G
Ray Crest................................... G
Red Cal..................................... I
Red Dancer (Red Boy)........................ I
Redhaven.................................... G
Red Lady.................................... G
Redtop...................................... G
Regina...................................... G
Rich Lady................................... J
Rich May.................................... H
Rich Mike................................... H
Rio Oso Gem................................. I
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................................. L
Summerset................................... I
[[Page 16043]]
Suncrest.................................... G
Topcrest.................................... H
Tra Zee..................................... J
Willie Red.................................. G
Zee Lady.................................... L
------------------------------------------------------------------------
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 Earlitreat or Lady Sue variety
peaches unless:
(i) Such peaches when packed in molded forms (tray packs) in a No.
22D standard lug box or a No. 32 standard box are of a size that will
pack, in accordance with the requirements of standard pack, not more
that 96 peaches in the box; or
(ii) Such peaches in any container when packed other than as
specified in paragraph (a)(2)(i) of this section are of a size that a
16-pound sample, representative of the peaches in the package or
container, contains not more than 96 peaches.
(3) * * *
(i) Such peaches when packed in molded forms (tray packs) in a No.
22D standard lug box or a No. 32 standard box are of a size that will
pack, in accordance with the requirements of standard pack, not more
that 88 peaches in the box; or
* * * * *
(5) Any package or container of Babcock, Crimson Lady, Crown
Princess, David Sun, Early May Crest, Flavorcrest, Golden Crest, Honey
Red, June Lady, Kern Sun, May Crest, May Sun, Merrill Gemfree, Pink
Rose, Prima Peach IV, Queencrest, Ray Crest, Redtop, Rich May, Rich
Mike, Snow Brite, Springcrest, Spring Lady, Spring Snow, Sugar May,
Sweet Gem, Sweet Scarlet, or White Dream variety of peaches unless:
(i) Such peaches when packed in molded forms (tray packs) in a No.
22D standard lug box or a No. 32 standard box are of a size that will
pack, in accordance with the requirements of standard pack, not more
that 80 peaches in the box; or
* * * * *
(6) Any package or container of Amber Crest, August Lady, August
Sun, Autumn Crest, Autumn Flame, Autumn Gem, Autumn Lady, Autumn Rose,
Belmont (Fairmont), Berenda Sun, Blum's Beauty, Cal Red, Carnival,
Cassie, Champagne, Diamond Princess, Early Elegant Lady, Early O'Henry,
Elegant Lady, Fairtime, Fancy Lady, Fay Elberta, Fire Red, Flamecrest,
John Henry, July Sun, June Pride, Kaweah, Kings Lady, Lacey, Late Ito
Red, Madonna Sun, Mary Anne, O'Henry, Prima Gattie, Prima Peach VIII,
Prima Peach 20, Red Dancer, Red Sun, Rich Lady, Royal Lady, Ryan Sun,
Saturn (Donut), Scarlet Snow, September Snow, September Sun, Sierra
Lady, Snow Diamond, Snow Giant, Snow King, Sparkle, Sprague Last
Chance, Sugar Giant, Sugar Lady, Summer Lady, Summer Sweet, Summer Zee,
Suncrest, Tra Zee, Vista, White Lady, or Zee Lady variety of peaches
unless:
(i) Such peaches when packed in molded forms (tray packs) in a No.
22D standard lug box or a No. 32 standard box are of a size that will
pack, in accordance with the requirements of standard pack, not more
than 72 peaches in the box, or, if the peaches are ``well matured,''
not more than 80 peaches in the box; or
* * * * *
(b) During the period April 1 through June 30 of each fiscal
period, no handler shall handle any package or container of any variety
of peaches not specifically named in paragraphs (a)(2), (a)(3), (a)(4),
(a)(5), or (a)(6) of this section unless:
(1) Such peaches when packed in molded forms (tray packs) in a No.
22D standard lug box or a No. 32 standard box are of a size that will
pack, in accordance with the requirements of standard pack, not more
that 96 peaches in the box; or
* * * * *
(c) During July 1 through October 31 of each fiscal period, no
handler shall handle any package or container of any variety of peaches
not specifically named in paragraphs (a)(2), (a)(3), (a)(4), (a)(5), or
(a)(6) of this section unless:
(1) Such peaches when packed in molded forms (tray packs) in a No.
22D standard lug box or a No. 32 standard box are of a size that will
pack, in accordance with the requirements of standard pack, not more
that 80 peaches in the box; or
* * * * *
Dated: March 26, 1998
Robert C. Keeney ,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-8435 Filed 3-30-98; 8:45 am]
BILLING CODE 3410-02-P
