[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Rules and Regulations]
[Pages 50083-50088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23897]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 997
[Docket No. FV95-997-2IFR]
Amendment of Provisions Regulating Domestically Produced Peanuts
Handled by Persons Not Subject to the Peanut Marketing Agreement
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule amends for 1995 and subsequent crop years several
certification and identification requirements established for peanuts
handled by persons not signatory to Peanut Marketing Agreement No. 146
(Agreement). This rule provides for a chemical analysis exemption for
superior grade shelled peanuts and establishes a maximum grade
tolerance for reconditioning failing peanuts by blanching. Finally,
this rule adds addresses and updates contact numbers of chemical
analysis laboratories. The changes concerning peanuts for human
consumption are consistent with industry operating practices and help
bring the non-signatory handling requirements into conformity with
requirements specified in the Agreement. The rule should reduce the
regulatory burden and handling costs on non-signatory peanut handlers.
DATES: Effective September 28, 1995. Comments received by October 30,
1995, will be considered prior to issuance of any final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room
2523-S, Washington, D.C., 20090-6456, or Fax: (202) 720-5698. Comments
should reference the docket number and the date and page number of this
issue of the Federal Register and will be available for public
inspection in the Office of the Docket Clerk during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Richard Lower, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
[[Page 50084]]
Box 96456, room 2523-S, Washington, D.C. 20090-6456, telephone (202)
720-2020, facsimile (202) 720-5698.
SUPPLEMENTARY INFORMATION: This interim final rule is issued pursuant
to requirements of 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 action will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule. This action is not intended to have
retroactive effect. There are no administrative procedures which must
be exhausted prior to any judicial challenge to the provisions of this
rule.
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 rule 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.
There are approximately 45 handlers of peanuts who have not signed
the Agreement and, thus, are subject to the regulations contained
herein. Small agricultural service firms are defined by the Small
Business Administration (13 CFR 121.601) as those whose annual receipts
are less than $5,000,000. It is estimated that most of the non-
signatory handlers are small entities. Most of the 47,000 peanut
producers who might potentially do business with these handlers are
also small entities. Small agricultural producers have been defined as
those having annual receipts of less than $500,000.
In 1994, the reported U.S. production, mostly covered under the
Agreement, was approximately 4.25 billion pounds of peanuts, a 25
percent increase from the short 1993 crop. The preliminary 1994 peanut
crop value is $1.23 billion, up 19 percent from the 1993 crop value.
After aflatoxin was found in peanuts in the mid-1960's, the
domestic peanut industry has sought to minimize aflatoxin contamination
in peanuts and peanut products. Under authority of the Act, Peanut
Marketing Agreement No. 146 and the Peanut Administrative Committee
(Committee) were established by the Secretary in 1965. The Agreement
was signed by a majority of domestic peanut handlers (signatory
handlers).
Public Law 101-220, enacted December 12, 1989, amended section 608b
of the Act to require that all handlers who have not signed the
Agreement (non-signatory handlers) be subject to quality, handling, and
inspection requirements to the same extent and manner as are required
under the Agreement. Regulations to implement Pub. L. 101-220 were
issued and made effective on December 4, 1990 (55 FR 49983). It is
estimated that 5 percent of the domestic peanut crop is marketed by
non-signatory handlers and the remainder of the crop is handled by
signatory handlers.
The objective of the Agreement and the non-signatory handling
regulations (7 CFR part 997) is to ensure that only wholesome peanuts
enter edible market channels. Under both regulations, farmers stock
peanuts with visible Aspergillus flavus mold (the principle source of
aflatoxin) are required to be diverted to non-edible uses. Both
regulations also provide that shelled peanuts meeting minimum outgoing
quality requirements must be chemically analyzed for aflatoxin
contamination.
Under the non-signatory provisions, no peanuts may be sold or
otherwise disposed of for human consumption if the peanuts fail to meet
the quality requirements of the Agreement. The non-signatory handler
regulations have been amended several times thereafter and are
published in 7 CFR part 997. All amendments have been made to ensure
that the non-signatory handling requirements are the same as
modifications made to the signatory handling requirements under the
Agreement. Violation of non-signatory regulations may result in a
penalty in the form of an assessment by the Secretary equal to 140
percent of the support price for quota peanuts. The support price for
quota peanuts is determined under section 108B of the Agricultural Act
of 1949 (7 U.S.C. 1445c-3) for the crop year during which the violation
occurs.
Because aflatoxin appears most frequently in damaged, stressed,
under-developed, and malformed peanut kernels, peanut lots with fewer
poor quality kernels are less likely to be contaminated. Under
Sec. 998.200(a) of the Agreement, minimum quality requirements for
shelled peanuts are found in the ``Other Edible Quality'' table of the
Agreement. All shelled peanuts destined for edible consumption must
meet these minimum requirements. Peanuts meeting this minimum grade
must also be chemically tested for contamination.
The Agreement also has a higher level of quality requirements
titled ``Indemnifiable Grades.'' Peanuts meeting the indemnifiable
grades do not have to be chemically analyzed for aflatoxin.
The minimum quality requirements specified in the ``Other Edible
Quality'' table of the Agreement are also specified in the non-
signatory handler regulations in the table titled ``Minimum Grade
Requirements--Peanut for Human Consumption'' (hereinafter referred to
as Table 1) in Sec. 997.30(a).
To be consistent with the Agreement, the Department is establishing
in this interim final rule, a second table titled ``Superior Quality
Exemption--Peanuts for Human Consumption'' (hereinafter referred to as
Table 2) in the outgoing quality requirements in Sec. 997.30(a). The
quality requirements in Table 2 are the same as those established in
the Indemnifiable Grades table of the Agreement. Non-signatory handler
peanuts meeting the Superior Quality Exemption grades are not required
to be chemically tested for aflatoxin. However, buyers often require
chemical analysis as an assurance of minimum aflatoxin contamination.
The Superior Quality Exemption tolerances in these regulations are
(in percentage of kernels): Unshelled and damaged kernels (1.25);
combined unshelled, damaged kernels and kernels with minor defects
(2.00); sound split and broken kernels (3.00 for most varieties); sound
whole kernels that pass specified screens (3.00 for most varieties);
combined sound split and broken kernels (4.00 for all varieties);
foreign material (.10 for some varieties and .20 for other varieties),
and moisture (9.00).
Amendments to handling requirements: The Committee meets in
February or March each year and recommends to the Secretary such rules
and regulations as may be necessary to keep the Agreement consistent
with current industry practice. The Committee met on March 22 and 23,
1995, and unanimously recommended four relaxations in the Agreement
handling requirements which the Department accepted. The changes were
published in the July 14, 1995, issue of the Federal Register as an
interim final rule (60 FR 36205). This interim final rule establishes
the same relaxations, as appropriate, for the non-signatory handling
regulations.
The first amendment relaxes Positive Lot Identification (PLI) and
quality certification requirements specified in paragraph (g) of
Sec. 997.20 Shelled
[[Page 50085]]
peanuts by allowing movement of failing quality shelled peanuts, which
originated from Segregation 1 peanuts, from one handler to another
handler without requiring re-inspection and PLI certification by the
receiving handler. Currently, paragraph (g) provides that handlers may
acquire from other handlers for remilling, Segregation 1 shelled
peanuts that fail to meet the requirements for human consumption. The
peanuts must be accompanied by a valid inspection certificate and be
positive lot identified. Further, the peanuts must be held and milled
separate and apart from other receipts or acquisitions of the receiving
handler and the transaction must be reported to the Division by both
handlers.
Under the relaxed handling procedure, receiving handlers are not
required to hold and remill such peanuts separate from other receipts
and acquisitions of the handlers and the received peanuts do not have
to be reinspected. Any peanuts so transferred and handled must still
meet all the applicable edible quality requirements before being
disposed of for human consumption.
Therefore, paragraph (g) of Sec. 997.20 is revised by removing the
second sentence requiring inspection certification and positive lot
identification and changing the last sentence to remove reference to
received peanuts being held and milled separate and apart from other
peanuts.
The second amendment relaxes ownership requirements of paragraph
(f) of Sec. 997.30 Outgoing regulations by allowing handlers to
transfer peanuts to another handler or to domestic commercial storage
facilities. Currently, paragraph (f) applies to transfer of peanuts
from one plant to another of a handler's plants or to commercial
storage without having the peanuts PLI and certified as meeting quality
requirements--provided that ownership is retained by the handler and
that the transfer is only to points within the same production area.
The amendment extends the provisions of paragraph (f) to allow the
transfer of peanuts from one handler's facility to another handler's
facility for further handling. The relaxation allows handlers to make
the most efficient use of other handling facilities without having to
pay additional costs entailed in obtaining PLI and quality
certification of the peanuts. Any peanuts so transferred are still
subject to all applicable edible quality requirements before being
disposed of for human consumption. Thus, paragraph (f) of Sec. 997.30
is revised to include transfer of peanuts between facilities of
different handlers without quality certification and PLI at the time of
transfer.
Similarly, the third amendment revises some PLI and certification
requirements of paragraphs (a)(1), (a)(2) and (a)(3) of Sec. 997.40
Reconditioning and disposition of peanuts failing quality requirements.
Paragraph (a)(1) currently provides that a handler of failing quality,
Segregation 1 shelled peanuts may remill, move under PLI to a custom
remiller, sell to another handler, or blanch such peanuts. Paragraph
(a)(2) provides that such peanuts moved to blanching, or sold to
another handler for blanching, must be moved under PLI. Paragraph
(a)(3) requires peanut lots in such transactions to be accompanied by a
valid grade certificate and moved under PLI. Peanuts so handled should
be kept separate and apart from other peanuts at the remilling,
blanching or receiving handler facility.
Under the relaxed handling procedure, the peanuts do not have to be
moved under PLI to the remiller, blancher, or receiving handler.
Further, to be consistent with the changes in the Agreement
regulations, peanuts so moved no longer have to be kept separate and
apart from other peanuts at the remilling, blanching or receiving
handler facility. Thus, paragraphs (a)(1), (a)(2), and (a)(3) are
revised by removing references to PLI and movement accompanied by valid
certification. Additionally, provisions are added in the appropriate
provisions to provide that the transferred peanuts do not have to be
kept separate and apart at the receiving remilling, blanching, or
handling facility.
The Committee members, in proposing the changes in the Agreement
provisions, believed that the more restrictive level of regulatory
control for each peanut lot is no longer needed. The changes in this
rule are based on the fact that current shelling, processing, remilling
and blanching technologies are generally more efficient than in the
past. The rule makes it more economical for handlers to use blanchers'
and remillers' facilities which are generally operated more
efficiently. These facilities are now located throughout the different
production areas which also encourages their use.
The rule is intended to provide handlers more reconditioning
flexibility by eliminating some certification requirements and PLI of
peanuts and reducing costs incurred during movement to different
locations and facilities. The rule should improve handlers' competitive
positions. Relaxing the regulations will allow freer movement of
peanuts and more efficient use of facilities. The relaxation of PLI and
certification requirements will reduce the number of inspections and
result in lower costs to the entire industry. Fewer inspections are not
expected to compromise the industry's quality control and lot
identification objectives.
This interim final rule also adds and updates addresses and
telephone and facsimile numbers, where applicable, of approved
aflatoxin testing laboratories. The laboratories perform chemical
analyses required by the non-signatory handling regulations. This
information is provided in paragraph (c)(5)(i) of Sec. 997.30 Outgoing
regulation. Nine of the laboratories are approved by the USDA/AMS
Science Division and eight are approved by the Committee. Non-signatory
handlers may send peanut samples to any laboratory on the list, per
instructions specified in paragraph (c) of the outgoing regulation.
This rule also updates information in paragraph (c)(5)(ii) identifying
the contact point of the USDA Science Division headquarter's office.
In accordance with the Paperwork Reduction Act of 1988 (44 U.S.C.
Chapter 35), information collection requirements that are contained in
this rule have been previously approved by the Office of Management and
Budget (OMB) and have been assigned OMB No. 0581-0163.
Based on the above, the Administrator of the AMS has determined
that this interim final rule will not have a significant economic
impact on a substantial number of small entities. Written comments,
timely received, in response to this action, will be considered before
any finalization of this rule.
After consideration of all relevant matter presented and other
information, it is found that the changes set forth below 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 action until 30 days after publication in the
Federal Register because: (1) This rule relaxes several handling
restrictions on peanut handlers not subject to the Agreement; (2) the
1995 peanut harvest is expected to begin soon and handlers should be
aware of handling regulations prior to harvesting activities; (3) this
rule brings the quality requirements under part 997 into conformity
with those under the
[[Page 50086]]
Agreement, as required by the Act; and (4) this action provides a 30-
day comment period and any comments received will be considered prior
to issuance of any final rule.
List of Subjects in 7 CFR Part 997
Food grades and standards, Peanuts, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 997 is
amended as follows:
PART 997--PROVISIONS REGULATING THE QUALITY OF DOMESTICALLY
PRODUCED PEANUTS HANDLED BY PERSONS NOT SUBJECT TO THE PEANUT
MARKETING AGREEMENT
1. The authority citation for 7 CFR part 997 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Paragraph (g) of Sec. 997.20 is revised to read as follows:
Sec. 997.20 Incoming regulation.
* * * * *
(g) Shelled peanuts. Handlers may acquire from other handlers or a
handler as defined in 7 CFR 998.8, for remilling and subsequent
disposition to human consumption outlets, shelled peanuts (which
originated from ``Segregation 1 peanuts'') that fail to meet the
requirements specified for human consumption in Sec. 997.30(a).
Transactions made in this manner shall be reported to the Division on
Form FV-117-3 ``Report of Disposition to and Acquisition from Another
Handler--Shelled Peanuts Failing Edible Quality Requirements for
Remilling and Further Handling'' by both the handler selling such
peanuts and the handler acquiring such peanuts. Further disposition of
such peanuts shall be regulated by Sec. 997.40.
* * * * *
3. Section 997.30(a)(1) is amended by redesignating paragraph
(a)(1) as paragraph (a)(1)(i), revising introductory text preceding the
table, designating the table as ``Table 1'' and adding a new paragraph
(a)(1)(ii) to read as follows:
Sec. 997.30 Outgoing regulation.
(a) Shelled peanuts. (1)(i) No handler shall ship, sell, or
otherwise dispose of shelled peanuts for human consumption unless such
peanuts are Positive Lot Identified and certified as meeting the
requirements specified in Table 1 in this section. * * *
(ii) Peanuts meeting the specifications in paragraph (a)(1)(i) of
this section must also be certified ``negative'' as to aflatoxin, prior
to shipment, unless such peanuts are certified as meeting the superior
quality requirements in Table 2, and, as such, are exempt from
aflatoxin certification requirements.
Table 2.--Superior Quality Exemption--Peanuts for Human Consumption
[Whole kernels and splits]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum limitations
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Unshelled Unshelled Fall through
peanuts and peanuts, damaged ------------------------------------------------------------------------ Foreign
Type and grade category damaged kernels and materials Moisture
kernels minor Sound split and broken Sound whole kernels Total (percent) (percent)
(percent) defects(percent) kernels (percent) (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Runner U.S. No.1 and 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \16/64\ x \3/4\ 4.00%; both screens... .10 9.00
better. round screen. inch, slot screen.
Virginia U.S. No.1 and 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \15/64\ x 1 4.00%; both screens... .10 9.00
better. round screen. inch, slot screen.
Spanish and Valencia 1.25 2.00 3.00%; \16/64\ inch, 2.00%; \15/64\ x \3/4\ 4.00%; both screens... .10 9.00
U.S. No.1 and better. round screen. inch, slot screen.
Runner U.S. Splits (not 1.25 2.00 2.00%; \17/64\ inch, 3.00%; \14/64\ x \3/4\ 4.00%; both screens... .20 9.00
more than 4% sound, round screen. inch, slot screen.
whole kernels).
Virginia U.S. Splits 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \14/64\ x 1 4.00%; both screens... .20 9.00
(not less than 90% round screen. inch, slot screen.
splits and not more
than 3.00% sound whole
kernels and portions
passing through \20/
64\ inch round screen).
Spanish and Valencia 1.25 2.00 2.00%; \16/64\ inch, 3.00%; \13/64\ x \3/4\ 4.00%; both screens... .20 9.00
U.S. Splits (not more round screen. inch, slot screen.
than 4% sound, whole
kernels).
Runner with splits (not 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \16/64\ x \3/4\ 4.00%; both screens... .10 9.00
more than 15% sound round screen. inch, slot screen.
splits).
[[Page 50087]]
Virginia with splits 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \15/64\ x 1 4.00%; both screens... .10 9.00
(not more than 15% round screen. inch, slot screen.
sound splits).
Spanish and Valencia 1.25 2.00 3.00%; \16/64\ inch, 2.00%; \15/64\ x \3/4\ 4.00%; both screens... .10 9.00
with splits (not more round screen. inch, slot screen.
than 15% sound splits).
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* * * * *
Sec. 997.30 [Amended]
3. Section 997.30(a)(2) is amended by removing the first sentence.
4. Section 997.30(c)(5) and (f) are revised to read as follows:
Sec. 997.30 Outgoing regulation.
* * * * *
(c) * * *
(5) Information on making arrangements for the required inspection
and certification can be obtained by contacting the Fresh Products
Branch, Fruit and Vegetable Division, Agricultural Marketing Service,
USDA, P.O. Box 96456, room 2049-S, Washington, DC, 20250, telephone
(202) 690-0604 or facsimile (202)720-0393.
(i) Laboratories at the following locations are approved to perform
the chemical analyses required pursuant to this part. The sampling plan
and procedures may be obtained from the Science Division.
USDA/AMS Science Division Aflatoxin Laboratories
USDA, AMS, Science Division, 1211 Schley Avenue, Albany, Georgia 31707,
Tel: (912) 430-8490, Fax: (912) 430-8534
USDA, AMS, Science Division, c/o Golden Peanut Company, 200 W.
Washington Street (Mail: P.O. Box 488), Ashburn, Georgia 31714, Tel:
(912) 567-3703, Fax: (912) 567-2006
USDA, AMS, Science Division, c/o Golden Peanut Company, 301 W. Pearl
Street (Mail: P.O. Box 279), Aulander, North Carolina 27805, Tel: (919)
345-1661, ext. 156, Fax: (919) 345-1991
USDA, AMS, Science Division, 610 North Main Street, Blakely, Georgia
31723, Tel: (912) 723-4570, Fax: (912) 723-3294
USDA, AMS, Science Division, c/o Golden Peanut Company, 42 North Ellis
Street (Mail: P.O. Box 548), Camilla, Georgia 31730, Tel: (912) 336-
0785, ext. 246, Fax: (912) 336-5776
USDA, AMS, Science Division, c/o Stevens Industries, Cargill, Inc., 715
North Main Street (Mail: P.O. Box 272), Dawson, Georgia 31742, Tel:
(912) 995-7257, Fax: (912) 995-3268
USDA, AMS, Science Division, 107 S. Fourth Street, Madill, Oklahoma
73446, Tel: (405) 795-5615, Fax: (405) 795-3645
USDA, AMS, Science Division, 1411 Reeves Street (Mail: P.O. Box 1368),
Dothan, Alabama 36302, Tel: (205) 792-5185, Fax: (205) 671-7984
USDA, AMS, Science Division, 308 Culloden Street (Mail: P.O. Box 1130),
Suffolk, Virginia 23434, Tel: (804) 925-2286, Fax: (804) 925-2285
Aflatoxin Laboratories Approved by the Peanut Administrative Committee
Pert Laboratories, P.O. Box 267, Peanut Drive, Edenton, North Carolina
27932, Tel: (919) 482-4456, Fax: (919) 482-5370
J. Leek Associates, Inc., 1200 Wyandotte (Mail: P.O. Box 50395),
Albany, Georgia 31705, Tel: (912) 889-8293, Fax: (912) 888-1166
J. Leek Associates, 675 E. Pine (Mail: P.O. Box 368), Colquitt, Georgia
31737, Tel: (912) 758-3722, Fax: (912) 758-2538
Pert Laboratory South, Highway 82 East Seabrook Drive (Mail: P.O. Box
149), Sylvester, Georgia 31791, Tel: (912) 776-7676, Fax: (912) 776-
1137
ABC Research, 3437 SW 24th Avenue, Gainesville, Florida 32607-4502,
Tel: (904) 372-0436, Fax: (904) 378-6483
J. Leek Associates, 502 West Navarro Street (Mail: P.O. Box 6), DeLeon,
Texas 76444, Tel: (817) 893-3653, Fax: (817) 893-3640
Quanta Lab, 9330 Corporate Drive, Suite 703, Selma, Texas 78154-1257,
Tel: (210) 651-5799, Fax: (210) 651-9271
Professional Service Ind., Inc., 3 Burwood Lane, San Antonio, Texas
78216, Tel: (210) 349-5242, Fax: (210) 342-9401.
(ii) Handlers should contact the nearest laboratory from the list
in paragraph (c)(5)(i) of this section to arrange to have samples
chemically analyzed for aflatoxin content, or for further information
concerning the chemical analyses required pursuant to this part
handlers may contact: The Science Division, Agricultural Marketing
Service, USDA, P.O. Box 96456, room 3507-S, Washington, D.C., 20090-
6456, telephone (202) 720-5231, facsimile (202) 720-6496.
* * * * *
(f) Transfer between plants. Handlers may transfer peanuts to any
handler or to domestic commercial storage without having such peanuts
positive lot identified and certified as meeting quality requirements.
Prior to any subsequent disposition to human consumption outlets, such
peanuts shall meet all quality requirements applicable for such
disposition.
* * * * *
5. In Sec. 997.40, paragraph (a)(1) and the first sentence in
paragraph (a)(2) are revised, and the first sentence of paragraph
(a)(3) is removed to read as follows:
Sec. 997.40 Reconditioning and disposition of peanuts failing quality
requirements.
(a) Further processing of shelled peanuts failing quality
requirements--
[[Page 50088]]
(1) Handlers may remill, move to a custom remiller, or sell to or
contract with another handler, or handler as defined in 7 CFR 998.8,
for remilling or further handling, shelled peanuts (which originated
from Segregation 1 peanuts) that fail to meet the requirements of
Sec. 997.30(a). Transactions made in this manner shall be reported to
the Department by both the buyer and seller on Form FV-117-4 provided
by the Department. If, after further handling, such peanuts meeting the
requirements of Sec. 997.30(a) may be disposed of for human
consumption. Such peanuts which still do not meet quality requirements
of Sec. 997.30(a) may be blanched as provided in paragraph (a)(2) of
this section or disposed of and such disposition reported as provided
in paragraph (b) of this section.
(2) Handlers may blanch, or cause to have blanched, shelled peanuts
(which originated from Segregation 1 peanuts) that fail to meet the
requirements for human consumption specified in Sec. 997.30(a) because
of excessive damage, minor defects, moisture, or foreign material or
are positive to aflatoxin. * * *
* * * * *
Dated: September 15, 1995.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 95-23897 Filed 9-27-95; 8:45 am]
BILLING CODE 3410-02-P
