[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Proposed Rules]
[Pages 11918-11919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5296]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Proposed 
Rules  
[[Page 11918]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-95-302]


Peaches; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This rule would revise the United States Standards for Grades 
of Peaches. The recommended revision would bring the standards into 
conformity with current cultural, harvesting and marketing practices by 
revising the method in which peaches are sized. This would be 
accomplished by changing the definition of ``diameter'' from the 
shortest distance to the greatest distance. The Agricultural Marketing 
Service (AMS), in cooperation with industry, and other interested 
parties develops and improves standards of quality, condition, 
quantity, grade, and packaging in order to facilitate commerce by 
providing buyers, sellers, and quality assurance personnel uniform 
language and criteria for describing various levels of quality and 
condition as valued in the marketplace.

DATES: Comments must be postmarked or courier dated on or before May 2, 
1995.

ADDRESSES: Interested parties are invited to submit written comments 
concerning this proposal. Comments must be sent to the Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. 
Box 96456, Room 2056 South Building, Washington, DC 20090-6456. FAX 
number (202) 720-8871. Comments should make reference to the date and 
page number of this issue of the Federal Register and will be made 
available for public inspection in the above office during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, at the above address 
or call (202) 720-2185.

SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture is 
issuing this proposed rule in conformance with Executive Order 12866.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), the Administrator of the 
Agricultural Marketing Service (AMS) has determined that this action 
will not have a significant economic impact on a substantial number of 
small entities. This proposed rule for the revision of U.S. Standards 
for Grades of Peaches will not impose substantial direct economic cost, 
recordkeeping, or personnel workload changes on small entities, and 
will not alter the market share or competitive position of these 
entities relative to large businesses. In addition, under the 
Agricultural Marketing Act of 1946, the use of these standards is 
voluntary.
    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed rule will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
the rule.
    Agencies periodically review existing regulations. An objective of 
the review is to ensure that the grade standards are serving their 
intended purpose, the language is clear, and the standards are 
consistent with AMS policy and authority.
    The United States Standards for Grades of Peaches were last revised 
in June 1952. The National Peach Council (NPC), with the support of the 
Georgia Peach Council, New Jersey Peach Promotion Council, Inc., and 
the South Carolina Peach Council and Promotion Board, Inc., requested 
that the standards be revised in order to bring them into conformity 
with current cultural, harvesting and marketing practices. The NPC 
contends that due to new improved varieties, that changes to the 
current standards are necessary.
    Specifically, the NPC requested that the standards be revised in 
regard to the method of sizing peaches. Peaches are currently sized 
based on the shortest diameter, which requires the use of a caliper or 
slotted sizing ring. This method was adopted several years ago when 
most peaches were oblong and heavily sutured. Industry research has 
demonstrated that today's varieties are generally much more round and 
more uniform in shape than older varieties. The shape of peaches is 
similar to the shape of nectarines. Nectarines are sized by using the 
greatest diameter of the nectarine, which allows fruit to be sized 
using a sizing ring. Therefore, peaches should be sized on the same 
basis as nectarines (greatest dimension measured at right angles to a 
line from stem to blossom end of the fruit, using a sizing ring) in 
order to create uniformity in the marketplace.
    The proposed revision would affect peaches that are sized to a 
minimum diameter, which are mostly grown on the east coast and some in 
the Midwest. This should not affect peaches grown on the west coast as 
they are sized based on the marketing order 917, consisting of a 
weight-count system.

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Vegetables.

    For reasons set forth in the preamble, it is proposed that 7 CFR 
Part 51 be amended as follows:

PART 51--[AMENDED]

    1. The authority citation for 7 CFR Part 51 continues to read as 
follows:

    Authority: 7 U.S.C. 1622, 1624.

    2. In Part 51, Subpart--United States Standards for Peaches is 
revised to read as follows:

Subpart--United States Standards for Grades of Peaches

* * * * *
    3. In Sec. 51.1216, paragraph (c) is revised to read as follows:


Sec. 51.1216  Size requirements.

* * * * *
    (c) Diameter means the greatest dimension measured at right angles 
to a line from stem to blossom end of the fruit.
* * * * * [[Page 11919]] 
    Dated: February 24, 1995.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 95-5296 Filed 3-2-95; 8:45 am]
BILLING CODE 3410-02-P