[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22614]
[[Page Unknown]]
[Federal Register: September 13, 1994]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket Nos. FV94-916-1-FIR and FV94-916-2-FIR]
Nectarines and Peaches Grown in California; Finalize Revised
Handling Requirements for Fresh Nectarines and Peaches
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule finalizes without change two interim final rules
which revised the handling requirements for California nectarines and
peaches by expanding the regulatory periods and by modifying the grade,
maturity, size, container, and pack requirements for fresh shipments of
these fruits, beginning with 1994 season shipments. This finalization
will enable handlers to continue shipping fresh nectarines and peaches
meeting consumer needs in the interest of producers, handlers, and
consumers of these fruits.
EFFECTIVE DATE: October 13, 1994.
FOR FURTHER INFORMATION CONTACT: Mark Kreaggor, 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) 720-5127; or Terry Vawter, California Marketing Field
Office, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno,
California, 93721; telephone: (209) 487-5901.
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) recommended revision
of the handling requirements for California nectarines, and the Peach
Commodity Committee (PCC) recommended revision of the handling
requirements for California peaches. 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.
This rule finalizes two interim final rules that revised the
handling requirements for nectarines in Sec. 916.350 California
Nectarine Container and Pack Regulation [7 CFR 916.350], and in
Sec. 916.365 California Nectarine Grade and Size Regulation [7 CFR
916.365], and for peaches in Sec. 917.442 California Peach Container
and Pack Regulation [7 CFR 917.442] and in Sec. 917.459 California
Peach Grade and Size Regulation [7 CFR 917.459]. The first interim
final rule was issued on March 29, 1994, and published in the Federal
Register [59 FR 15835, April 5, 1994], and the second interim final
rule was issued on June 9, 1994, and published in the Federal Register
[59 FR 31118, June 17, 1994].
The first interim final rule provided a 30-day comment period
ending May 5, 1994, and two comments were received. The first comment
received was from John Kovacevich, Jr., a California peach grower and
shipper, requesting a change in the peach grade requirements to permit
handlers to ship peaches with additional amounts of open sutures. The
change requested by this commentor was included in the first interim
final rule.
The second comment received was from Harold McClarty of The HMC
Group of Kingsburg, California, supporting the weight-count revisions
made in the handling requirements for fresh nectarines and peaches by
the first interim final rule, since such revisions will be beneficial
when they packed fruit in volume-filled containers.
The second interim final rule provided a 30-day comment period
ending July 18, 1994, and one comment was received. The comment was
received from Gary W. Van Sickle, Field Director for the PCC and the
NAC, reaffirming the PCC's and the NAC's support of the revised pack
requirements contained in the second interim final rule.
Regulatory Periods (Nectarines)
The first interim final rule amended paragraph (a) in Sec. 916.350
and paragraph (a) in Sec. 916.356 to change the regulatory periods in
each of these sections to April 1 through October 31 each year, so that
all nectarine shipments made each season are covered by these
regulatory requirements. Correspondingly, paragraph (a)(7) of
Sec. 916.356 was revised to change the beginning date of the regulatory
requirements to April 1 from April 15 each year. Handlers ship fresh
nectarines during the April 1-April 15 period when the harvest season
begins early. The NAC unanimously recommended this change. Prior to
amendment, Secs. 916.350 and 916.356 were effective for the period
April 15 through October 31 each year.
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. The first interim final
rule revised paragraph (a)(4)(iv) of Sec. 916.350 by modifying Table I
to specify weight-count standards for early-season and mid-season
nectarine varieties, and by adding a new Table 2 to specify weight-
count standards for late-season nectarine varieties.
The NAC recommended these revised container marking requirements
for nectarines after a comprehensive review of the appropriate size
pack-count relationships between the tray-pack containers and loose-
filled or tight-filled containers for all nectarine varieties. The
revised provisions more precisely reflect the characteristics of
different varieties of fruit during the course of the season.
The first interim final rule also revised Sec. 916.350 by adding a
proviso to paragraph (a)(4)(iv), and revises Sec. 916.356 by
redesignating current paragraph (b) as (c) and adding a new paragraph
(b) to that section. These revisions specify the procedure to be used
in determining whether nectarines meet the minimum size requirements
specified for each size category in this section when applying the 16-
pound sample requirements. Under this procedure, a sample consisting of
one-half of the number of fruit specified for a 16-pound sample for a
particular size category shall be used, provided such sample weighs at
least 8 pounds. When one-half the specified number of fruit in a sample
results in a number ending with one-half a fruit, the smaller full
number of fruit is used to determine the sample weight. If a sample
fails with respect to minimum size requirements on the basis of an 8-
pound sample, a full 16-pound sample must be used to determine if the
fruit meets minimum size requirements.
The NAC recommended this sampling procedure change after
determining that the size of nectarines could be adequately determined
by using an 8-pound sample in most instances, and finding that
application of this procedure would reduce inspection time and
inspection costs.
The second interim final rule further revised Sec. 916.350 by
adding a new proviso to paragraph (a)(1) specifying that the nectarines
in any volume-filled container need only be filled to within one inch
of the top of the container. The second interim final rule also removed
the proviso in paragraph (a)(1) of Sec. 916.350 reading ``That
nectarines in any container shall be fairly uniform in size'', because
such requirements are included within the definition of ``standard
pack'' in the United States Standards for Grades of Nectarines, and
therefore are not needed in this paragraph.
The NAC recommended these revised pack requirements for fresh
nectarines in volume-filled containers after a comprehensive review of
changes in the nectarine industry packing practices over the years, and
the need to make appropriate changes in the pack requirements to reduce
bruising of the fruit due to excessively tight packs. The revision
provided handlers with more flexibility in packing their nectarines and
selecting the appropriate size container for certain volume-filled
packs to help prevent fruit bruising.
Maturity Requirements (Nectarines)
Section 916.356 specifies maturity guides for fresh nectarines in
paragraph (a)(1)(i), including Table I, for fruit being inspected and
certified as meeting the maturity requirements for ``well matured''
fruit. Such maturity guides (e.g., color chips) are specified in Table
I of Sec. 916.356 for nectarines. The first interim final rule revised
Table I of paragraph (a)(1)(i) of Sec. 916.356 for nectarines to add
maturity guides for 18 nectarine varieties and to change the maturity
guide for two nectarine varieties.
The NAC recommended these maturity guide changes for these
nectarine varieties based on a continuing review 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 (Nectarines)
Section 916.356 specifies size requirements for fresh nectarines in
paragraphs (a)(2) through (a)(9). The first interim final rule revised
Sec. 916.356 to establish variety-specific size requirements for seven
nectarine varieties that were produced in commercially significant
quantities of more than 10,000 packages for the first time during the
1993 season. Paragraph (a)(3) was revised to include the May Kist
variety; and paragraph (a)(6) of Sec. 916.356 was revised to include
the Arctic Rose, Del Rio Rey, Kay Diamond, Late Red Jim, Prima Diamond,
and Red Glen varieties.
The first interim final rule also revised Sec. 916.356 to remove
five 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 1993 season. Paragraph (a)(4)
of that section was revised to remove the Apache and Early May Grande
nectarine varieties; and paragraph (a)(6) was revised to remove the
Nectarine #4, Tasty Free, and 9-86-04-87 nectarine varieties. The
nectarine varieties removed from the nectarine variety-specific list
became subject to the non-listed variety size requirements specified in
paragraphs (a)(7), (a)(8), and (a)(9) of Sec. 916.356.
The first interim final rule also lowered the minimum size
requirement for the Zee Grand variety by permitting as many as 88
nectarines to be packed in a lug box rather than 84 nectarines, and as
many as 83 nectarines when packed otherwise rather than 75 nectarines.
This was accomplished by reassigning that variety to paragraph (a)(4)
from paragraph (a)(5) in Sec. 916.356. The NAC recommended this change
based on a more accurate evaluation of this variety's sizing and
maturity characteristics.
Further, in Sec. 916.356, paragraphs (a)(6)(i) and (a)(9)(i) were
revised to permit as many as 84 nectarines to be packed in a No. 22D
standard lug box if they are ``well matured'', and paragraphs
(a)(6)(ii) and (a)(9)(ii) were revised to permit as many as 75
nectarines in a 16-pound sample if they are ``well matured''. These
changes permit late-season nectarine varieties to be shipped to the
fresh market at a slightly smaller size than in past seasons, if they
meet the higher ``well matured'' maturity standard. The higher maturity
standard is important for such smaller size fruit, because it will
assure that the smaller fruit is of acceptable maturity and quality to
be shipped to the fresh market in the interest of growers, handlers,
and consumers.
In addition, the first interim final rule changed the minimum size
requirements for several varieties of nectarines packed in loose-filled
and tight-filled containers by revising the count-size for nectarines
specified in paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(ii), (a)(5)(ii),
(a)(7)(ii), and (a)(8)(ii). These size changes correspond to the
weight-count changes made in column 2 of both Table I for early-season
and mid-season nectarine varieties, and Table 2 for late-season
nectarine varieties cited in paragraph (a)(4)(iv) of Sec. 916.350.
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. The first interim final rule was designed to
establish minimum size requirements for fresh nectarines consistent
with expected crop and market conditions.
Regulatory Periods (Peaches)
The first interim final rule amended paragraph (a) in Sec. 917.442
and paragraph (a) in Sec. 917.459 to change the regulatory periods in
each of these sections to April 1 through November 23 each year, so
that all peach shipments made each season are covered by these
regulatory requirements. Correspondingly, paragraph (b) of Sec. 917.459
was revised to change the beginning date of the regulatory requirements
to April 1 from April 15 each year. Handlers ship fresh peaches during
the April 1-April 15 period when the harvest season begins early. The
PCC unanimously recommended this change. Prior to amendment,
Secs. 917.442 and 917.459 were effective for the period April 15
through November 23 each year.
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. The first interim
final rule revised paragraph (a)(4)(iv) of Sec. 917.442 by modifying
Table I to specify weight-count standards for early-season and mid-
season peach varieties, and by adding a new Table 2 to specify weight-
count standards for late-season peach varieties.
The PCC recommended these revised container marking requirements
for peaches after a comprehensive review of the appropriate size pack-
count relationships between the tray-pack containers and loose-filled
or tight-filled containers for all peach varieties. The revised
provisions more precisely reflect the characteristics of different
varieties of fruit during the course of the season.
The first interim final rule also revised Sec. 917.442 by adding a
proviso to paragraph (a)(4)(iv), and revised Sec. 917.459 by
redesignating current paragraph (d) as (e) and by adding a new
paragraph (d) to that section. These revisions specify the procedure to
be used in determining whether peaches meet the minimum size
requirements specified for each size category in this section when
applying the 16-pound sample requirement. Under this procedure a sample
consisting of one-half of the number of fruit specified for a 16-pound
sample for a particular size category shall be used, provided such
sample weighs at least 8 pounds. When one-half the specified number of
fruit in a sample results in a number ending with one-half a fruit, the
smaller full number of fruit is used to determine the sample weight. If
a sample fails with respect to minimum size requirements on the basis
of an 8-pound sample, a full 16-pound sample must be used to determine
if the fruit meets the minimum size requirements.
The PCC recommended this sampling procedure change after
determining that the size of peaches could be adequately determined by
using an 8-pound sample in most instances, and finding that application
of this procedure would reduce inspection time and inspection costs.
The second interim final rule further revised Sec. 917.442 by
adding a new proviso to paragraph (a)(1) specifying that the peaches in
any volume-filled container need only be filled to within one inch of
the top of the container. The PCC recommended these revised pack
requirements for fresh peaches in volume-filled containers after a
comprehensive review of changes in the peach industry packing practices
over the years, and the need to make appropriate changes in the pack
requirements to reduce bruising of the fruit due to excessively tight
packs. The revision provided handlers with more flexibility in packing
their peaches and selecting the appropriate size container for certain
volume-filled packs to help prevent fruit bruising.
Grade Requirements (Peaches)
Section 917.459 specifies grade requirements for peaches in
paragraph (a)(1), requiring peaches shipped fresh to meet the
requirements of the U.S. No. 1 grade. The first interim final rule
revised paragraph (a)(1) of Sec. 917.459 to provide an additional 25
percent tolerance for fruit damaged by open sutures, but not seriously
damaged, in addition to the 10 percent general lot tolerance currently
permitted under the U.S. No. 1 grade.
The PCC recommended this change to permit handlers to ship peaches
with additional amounts of open sutures. Open sutures are not
considered to be a serious grade defect since they affect only the
appearance of the fruit. The open suture condition occurs infrequently
in peaches and is most likely due to unusual weather and climatic
conditions. However, this condition can cause considerable economic
loss to growers when it does occur, because it sometimes affects a
large portion of their crop.
Maturity Requirements (Peaches)
Section 917.459 specifies maturity guides for fresh peaches in
paragraph (a)(1)(i), including Table I, for fruit being inspected and
certified as meeting the maturity requirements for ``well matured''
fruit. Such maturity guides (e.g., color chips) are specified in Table
I of Sec. 917.459 for peaches. The first interim final rule revised
Table I of paragraph (a)(1)(i) of Sec. 917.459 for peaches to add
maturity guides for 19 peach varieties and to change the maturity guide
for one peach variety.
The PCC recommended these maturity guide changes for these peach
varieties based on a continuing review 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). The first
interim final rule revised Sec. 917.459 by redesignating current
paragraph (a)(6) as paragraph (a)(3) and current paragraphs (a)(3),
(a)(4), and (a)(5) as paragraphs (a)(4), (a)(5), and (a)(6),
respectively, so that the size regulations are in sequential order. The
first interim final rule also revised Sec. 917.459 to establish
variety-specific size requirements for five peach varieties that were
produced in commercially significant quantities of more than 10,000
packages for the first time during the 1993 season. In Sec. 917.459
redesignated paragraph (a)(5) was revised to include the Crimson Lady
and Rich May peach varieties; and redesignated paragraph (a)(6) was
revised to include the Fancy Lady, Snow Ball, and Sugar Lady peach
varieties.
The first interim final rule also revised Sec. 917.459 to remove
four 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 1993 season. In Sec. 917.459
redesignated paragraph (a)(5) of Sec. 917.459 was revised to remove the
Flavor Red peach variety; and redesignated paragraph (a)(6) was revised
to remove the July Lady, Red Cal, and Redglobe peach varieties. The
peach varieties removed from the variety-specific list became subject
to the non-listed variety size requirements specified in paragraphs (b)
and (c) of Sec. 917.459.
The first interim final rule also amended Sec. 917.459 by revising
paragraph (b) to change the ending date of the regulatory requirements
for the non-listed peach varieties referred to in that paragraph to
June 30 from July 2, and paragraph (c) to change the beginning date of
the regulatory requirements for the non-listed peach varieties referred
to in that paragraph to July 1 from July 3. These changes reflect the
sizing characteristics of such peach varieties.
Further, in Sec. 917.459 redesignated paragraph (a)(6)(i) was
revised to permit as many as 80 peaches to packed in a No. 22D standard
lug box if they are ``well matured'', and redesignated paragraph
(a)(6)(iii) was revised to permit as many as 73 peaches in a 16-pound
sample if they are ``well matured''. These changes permit certain late-
season peach varieties to be shipped to the fresh market at a slightly
smaller size than in past seasons, if they meet the higher ``well
matured'' maturity standard. The higher maturity standard is important
for such smaller size fruit, because it will assure that the smaller
fruit is of acceptable maturity and quality to be shipped to the fresh
market in the interest of growers, handlers, and consumers.
In addition, the first interim final rule changed the minimum size
requirements for several varieties of peaches packed in loose-filled
and tight-filled containers by revising the count-size for peaches
specified in paragraphs (a)(3)(iii), (a)(4)(iii), and (a)(5)(iii).
These size changes correspond to the weight-count changes made in
column 2 of both Table I for early-season and mid-season peach
varieties, and Table 2 for late-season peach varieties cited in
paragraph (a)(4)(iv) of Sec. 917.442.
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 of fruit. The first interim final rule was 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 finalize the revised 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 finalizes the revised 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 continue to meet acceptable handling
requirements established under each of these orders. This rule will
also help the California nectarine and peach industries continue to
provide fruit desired by consumers. This rule is designed to 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 finalization, as hereinafter set
forth, will tend to effectuate the declared policy of the Act.
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. Accordingly, the interim final rules amending 7 CFR Part 916
which were published at 59 FR 15835 on April 5, 1994, and at 59 FR
31118 on June 17, 1994, are each adopted as a final rule without
change.
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
2. Accordingly, the interim final rules amending 7 CFR Part 917
which were published at 59 FR 15835 on April 5, 1994, and at 59 FR
31118 on June 17, 1994, are each adopted as a final rule without
change.
Dated: September 8, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-22614 Filed 9-12-94; 8:45 am]
BILLING CODE 3410-02-P
