[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Rules and Regulations]
[Pages 13386-13393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7438]



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DEPARTMENT OF AGRICULTURE
7 CFR Parts 916 and 917

[Docket No. FV95-916-4-IFR]


Nectarines and Peaches Grown in California; Revision of Handling 
Requirements for Fresh Nectarines and Peaches

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule revises the handling requirements for California 
nectarines and peaches by modifying the grade, size, maturity, 
container, and pack requirements for fresh shipments of these fruits, 
beginning with 1996 season shipments. This rule enables handlers to 
continue shipping fresh nectarines and peaches meeting consumer needs 
in the interest of producers, handlers, and consumers of these fruits.

DATES: Effective April 1, 1996. Comments which are received by April 
26, 1996 will be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent in triplicate to the Docket 
Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room 
2523-S, Washington, DC 20090-6456; or by facsimile at 202-720-5698. All 
comments should reference the docket number and the date and page 
number of this issue of the Federal Register and will be made available 
for public inspection at the office of the Docket Clerk during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist, 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, USDA, 2202 Monterey Street,

[[Page 13387]]
Suite 102B, Fresno, California 93721; telephone: (209) 487-5901; or 
Kenneth Johnson, Marketing Specialist, Marketing Order Administration 
Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room 
2523-S, Washington, DC 20090-6456; telephone: (202) 720-2861.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Marketing Order Nos. 916 and 917 (7 CFR Parts 916 and 
917) regulating the handling of nectarines and peaches grown in 
California, hereinafter referred to as the orders. The orders are 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the Act.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with the Secretary a 
petition stating that the order, any provision of the order, or any 
obligation imposed in connection with the order is not in accordance 
with law and request a modification of the order or to be exempted 
therefrom. A handler is afforded the opportunity for a hearing on the 
petition. After the hearing the Secretary would rule on the petition. 
The Act provides that the district court of the United States in any 
district in which the handler is an inhabitant, or has his or her 
principal place of business, has jurisdiction in equity to review the 
Secretary's ruling on the petition, provided a bill in equity is filed 
not later than 20 days after the date of the entry of the ruling.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of the Agricultural Marketing Service 
(AMS) has considered the economic impact of this action on small 
entities. The purpose of the RFA is to fit regulatory actions to the 
scale of business subject to such actions in order that small 
businesses will not be unduly or disproportionately burdened. Marketing 
orders issued pursuant to the Act, and rules issued thereunder, are 
unique in that they are brought about through group action of 
essentially small entities acting on their own behalf. Thus, both 
statutes have small entity orientation and compatibility.
    There are about 300 California nectarine and peach handlers subject 
to regulation under the orders covering nectarines and peaches grown in 
California, and about 1,800 producers of these fruits in California. 
Small agricultural producers have been defined by the Small Business 
Administration (13 CFR 121.601) as those having annual receipts of less 
than $500,000, and small agricultural service firms are defined as 
those whose annual receipts are less than $5,000,000. A majority of 
these handlers and producers may be classified as small entities.
    The Nectarine Administrative Committee (NAC) and the Peach 
Commodity Committee (PCC) met December 7, 1995, and unanimously 
recommended that the handling requirements for California nectarines 
and peaches be revised, respectively. These committees meet prior to 
and during each season to review the rules and regulations effective on 
a continuous basis for California nectarines and peaches under the 
orders. These committee meetings are open to the public, and interested 
persons may express their views at these meetings. The Department 
reviews committee recommendations and information, as well as 
information from other sources, and determines whether modification, 
suspension, or termination of the rules and regulations would tend to 
effectuate the declared policy of the Act.

Container and Pack Requirements (Nectarines)

    Section 916.350 specifies container and pack requirements for fresh 
nectarine shipments. Paragraph (a)(4)(iv) of Sec. 916.350 specifies the 
tray-pack size designations which must be marked on loose-filled or 
tight-filled containers, depending on the size of the fruit. The size 
designations specify the maximum number of nectarines in a 16-pound 
sample for each tray-pack size designation. This rule revises paragraph 
(a)(4)(iv) of Sec. 916.350 by modifying one size designation for the 
weight-count standards in Column B of TABLE 1 for early-season and mid-
season nectarine varieties and one size designation for the weight-
count standards in Column B of TABLE 2. Continuing research conducted 
by the NAC indicate that early-season and mid-season fruit weighs less 
than late-season fruit and the weight-count standards were, therefore, 
modified for the past two seasons based on that consideration. Results 
from the 1995 season suggest that a minor modification of TABLE 1 and 
TABLE 2 is necessary to provide more accurate weight-count standards 
for early-season and mid-season nectarines, and late-season nectarines.
    The NAC recommended these revised weight-count standards for 
nectarines after a comprehensive review of the appropriate 
relationships between the tray-pack containers and loose-filled or 
tight-filled containers for early-season and mid-season nectarine 
varieties, as well as late-season varieties. Specifically, the NAC's 
recommendation provides that the maximum number of nectarines of size 
50 in a 16-pound sample of early-season and mid-season fruit is more 
appropriately 39 rather than 38. Also the maximum number of nectarines 
of size 50 in a 16-pound sample of late-season fruit is more 
appropriately 37 rather than 36.
    Pack regulations provide for uniform packing practices. In 
particular, weight-count standards provide for equality between fruit 
packed in loose-filled or tight-filled containers and fruit packed in 
tray-pack styles.
    According to the NAC, packers occasionally moved fruit from tray-
pack styles of pack to loose-filled or tight- filled pack styles. This 
activity has led to an awareness that fruit which was of proper size 
when tray-packed exceeded the maximum number of nectarines for the 16-
pound sample for corresponding loose-filled or tight-filled pack size. 
In some instances, these samples required an additional piece of fruit 
to meet the 16-pound weight requirement, thus causing the pack to be 
``marked'' smaller than its equivalent tray-pack size. When packs are 
``marked'' smaller this causes the container to be sold for a lower 
price.
    Revised and refined weight-count standards should provide for more 
accurate marking of sizes when packed in loose-filled or tight-filled 
pack styles compared to equivalent sizes that are tray packed. These 
regulations provide for uniformly packed containers of nectarines. 
These regulations also attempt to assure equivalent returns for growers 
based on style of pack used.
    This rule also further clarifies the definition of ``tree ripe'' 
added to section 916.350 paragraph (b) for the 1995 season. According 
to the NAC, ``tree ripe'' is an optional marking with regard to 
maturity that is stamped on containers of nectarines. Currently, the 
definition of tree ripe is based on the California Well Matured 
maturity requirement and is intended to be used for fruit which has 
been allowed to

[[Page 13388]]
ripen naturally by remaining longer on the tree. California Well 
Matured means that fruit has been picked at a maturity level distinctly 
more advanced than ``mature.'' The definition of ``tree ripe'' was 
added in 1995 so that its meaning was consistent with other descriptive 
markings and provided a consistent minimum maturity level throughout 
the industry to the benefit of consumers. However, during the 1995 
season, some handlers marked their boxes of fruit as ``tree ripened.'' 
It has been recommended by the NAC that the terms ``tree ripe'', and 
``tree ripened'', and other terms which denote an advanced level of 
maturity due to the fruit remaining on the tree for a longer period, 
are interchangeable terms indicative of the enhanced maturity of the 
fruit inside the box. Requiring containers of nectarines to be at a 
minimum California Well Matured in order to be marked ``tree ripe'' or 
``tree ripened,'' or other interchangeable terms such as ``ripened on 
the tree'', or ``ripened on tree'' will clarify the current regulation 
by specifying when the ``tree ripe'' or some similar marking using the 
words ``tree'' and ``ripe'', can be used and help to ensure that buyer 
expectations are met.
    The NAC also recommended that a new container, that allows for 
markings on the lid of the container, be approved for nectarine 
shipments for the 1996 season only. The NAC will review the impact of 
the use of this container with shippers prior to the 1997 season.
    The marketing order, under Sec. 916.350, requires that all 
containers be marked with specific information (e.g. handler, grade, 
size, and variety) and that all such markings on nectarine containers 
have to be applied to the outside end of the container. This has been 
defined as any of the four sides of the container, but not on the lid. 
Currently, there is interest by handlers in containers that are 
reusable thus creating financial savings for handlers. There is now a 
reusable and recyclable container, a single layer, plastic, 12 x 20 
inch box, that is available for use with nectarines. However, the 
design of the container, which has cooling slots in all of its sides, 
is such that the markings cannot easily be placed on the outside end of 
the container.
    The NAC believes that allowing for markings to be placed on the 
container lid will facilitate the use of this plastic, reusable and 
recyclable container in compliance with marketing order requirements. 
Authorizing the use of this new container will allow handlers to reduce 
their container costs through the continued reuse of the container.

Maturity Requirements (Nectarines)

    Section 916.356 specifies maturity requirements for fresh 
nectarines in paragraphs (a)(1) and (a)(1)(i), including TABLE 1. For 
fruit being inspected and certified as meeting the maturity 
requirements for ``well matured'', maturity determinations are 
generally in terms of maturity guides (e.g., color chips) specified in 
TABLE 1.
    This rule revises paragraph (a)(1) by exempting yellow nectarine 
varieties from the requirement that a blush or red color be present on 
the skin of the nectarines. By their nature, yellow nectarine varieties 
fail to attain any color other than yellow on the skin of the fruit. 
The U.S. Standards for Grades of Nectarines requires that a blush or 
red color be present on the skin of the fruit in order for the fruit to 
be considered as U.S. No. 1 grade.
    This rule also revises TABLE 1 of paragraph (a)(1)(i) of 
Sec. 916.356 for nectarines to add the maturity guides for four 
nectarine varieties. Specifically, an addition to the maturity guides 
was recommended for Grand Diamond, King Jim, and Spring Brite at a 
maturity guide of L, and Rose Diamond at a maturity guide of J.
    The NAC recommended these maturity requirement changes for these 
nectarine varieties based on a continuing review by the Shipping Point 
Inspection Service of their individual maturity characteristics, and 
the identification of the appropriate color chip corresponding to the 
``well matured'' level of maturity for such variety.

Size Requirements (Nectarines)

    Section 916.356 specifies size requirements for fresh nectarines in 
paragraphs (a)(2) through (a)(9). This rule revises Sec. 916.356 to 
establish variety-specific size requirements for six nectarine 
varieties that were produced in commercially significant quantities of 
more than 10,000 packages for the first time during the 1995 season. 
This rule also modifies the variety-specific size requirements for two 
varieties of nectarines by reassigning those varieties.
    Size regulations are put in place to improve fruit quality by 
allowing fruit to stay on the tree for a greater length of time. This 
increased growing time not only improves maturity and, therefore, the 
quality of the product, but also the size of the fruit. Increased size 
results in increases in the number of packed boxes of nectarines per 
acre. This provides greater consumer satisfaction, more repeat 
purchases, and, therefore, increases returns to growers. Varieties 
recommended for specific size regulation have been reviewed and 
recommendations are based on the characteristics of the variety to 
attain minimum size.
    Paragraph (a)(3) is revised to include the Johnny's Delight and May 
Jim varieties; paragraph (a)(4) is revised to include the Arctic Rose 
variety; and paragraph (a)(6) in Sec. 916.356 is revised to include the 
Flame Glo, Prima Diamond III, Prima Diamond IV, Prima Diamond VIII, and 
the White Jewels nectarine varieties.
    This rule also revises Sec. 916.356 to remove eleven nectarine 
varieties from the variety-specific size requirements specified in the 
section because less than 5,000 packages of each of these varieties 
were produced during the 1995 season. Paragraph (a)(2) of that section 
is revised to remove the Royal Delight nectarine variety. Paragraph 
(a)(4) is revised to remove the Sunfre variety, and paragraph (a)(4) is 
also revised to delete the May Jim variety. This variety was placed in 
this paragraph prior to the 1995 season. The variety matures to a 
smaller-than-average size when compared to other varieties in this 
paragraph. Based upon its sizing characteristics from the 1995 season, 
removal of the May Jim variety from this paragraph was recommended. 
Paragraph (a)(6) is revised to remove the Del Rio Rey, Independence, La 
Pinta, Late Le Grand, Royal Red, Son Red, Sun Grand, 181-119 (Sierra 
Star), and Nectarine 23 nectarine varieties. Paragraph (a)(6) is also 
revised to remove the Arctic Rose variety. This variety was placed in 
this paragraph prior to the 1995 season. The variety matures to a 
smaller-than-average size when compared to other varieties in this 
paragraph. Based upon its sizing characteristics from the 1995 season, 
removal of the Arctic Rose variety from this paragraph was recommended.
    Nectarine varieties removed from the nectarine variety-specific 
list become subject to the non-listed variety size requirements 
specified in paragraphs (a)(7), (a)(8), and (a)(9) of Sec. 916.356.
    The NAC recommended these changes in the minimum size requirements 
based on a continuing review of the sizing and maturity relationships 
for these nectarine varieties, and consumer acceptance levels for 
various sizes of fruit. This rule is designed to establish minimum size 
requirements for fresh nectarines consistent with expected crop and 
market conditions.

[[Page 13389]]


Container and Pack Requirements (Peaches)

    Section 917.442 currently specifies container and pack requirements 
for fresh peach shipments. Paragraph (a)(4)(iv) of Sec. 917.442 
specifies the tray-pack size designations which must be marked on 
loose-filled or tight- filled containers, depending on the size of the 
fruit. The size designations specify the maximum number of peaches in a 
16-pound sample for each tray pack size designation. This rule revises 
paragraph (a)(4)(iv) of Sec. 917.442 by modifying one size designation 
for the weight-count standards in Column B of TABLE 1 for early-season 
and mid-season peach varieties. Research conducted by the PCC indicated 
that early-season and mid-season fruit weighs less than late- season 
fruit and the weight-count standards were, therefore, modified for the 
past two seasons based on that consideration. Results from the 1995 
season suggest that a minor modification of TABLE 1 is necessary to 
provide more accurate weight-count standards for early-season and mid- 
season peaches.
    The PCC recommended the revised container marking requirement 
changes for peaches after a comprehensive review of the appropriate 
relationships between the tray-pack containers and loose-filled or 
tight-filled containers for early-season and mid-season peach varieties 
prior to the 1996 season. Specifically, the PCC's recommendation 
provides that the maximum number of peaches of size 54 in a 16-pound 
sample of early-season and mid-season fruit is more appropriately 44 
rather than 43.
    Pack regulations provide for uniform packing practices. In 
particular, weight-count standards provide equality between fruit 
packed in loose-filled or tight-filled containers and fruit packed in 
tray-pack styles.
    According to the PCC, packers occasionally moved fruit from tray-
pack styles of pack to loose-filled or tight- filled pack styles. This 
activity has led to an awareness, especially in regard to early-season 
varieties, that fruit which was of proper size when tray-packed 
exceeded the maximum number of nectarines for the 16-pound sample for 
corresponding loose-filled or tight-filled pack size. In this instance, 
these samples needed an additional piece of fruit to meet the 16-pound 
weight requirement, thus causing the pack to be ``marked'' smaller than 
its equivalent tray- pack size. When packs are ``marked'' smaller this 
causes the container to be sold for a lower price. During the 1994 
season, new weight-count assignments for early varieties were in place. 
Research continued with the purpose of possible refinement of those 
weight-count assignments.
    Revised and refined weight-count standards for early varieties 
should provide for more accurate marking of size when packed in loose-
filled or tight-filled pack styles compared to equivalent sizes that 
are tray packed. These regulations provide for uniformly packed 
containers of peaches. These regulations also attempt to assure 
equivalent returns for growers based on style of pack used.
    This rule also further clarifies the definition of ``tree ripe'' 
added to section 917.442 paragraph (b) for the 1995 season. According 
to the PCC, ``tree ripe'' is an optional marking with regard to 
maturity that is stamped on containers of peaches. Currently the 
definition of tree ripe is based on the California Well Matured 
maturity requirement and is intended to be used for fruit which has 
been allowed to ripen naturally by remaining longer on the tree. 
California Well Matured means that fruit has been picked at a maturity 
level distinctly more advanced than ``mature.'' The definition of 
``tree ripe'' was added in 1995 so that its meaning was consistent with 
other descriptive markings and provided a consistent minimum maturity 
level throughout the industry to the benefit of consumers. However, 
during the 1995 season, some handlers marked their boxes of fruit as 
``tree ripened.'' It has been recommended by the PCC that the terms 
``tree ripe'' and ``tree ripened'' and other terms which denote an 
advanced level of maturity due to the fruit remaining on the tree for a 
longer period, are interchangeable terms indicative of the enhanced 
maturity of the fruit inside the box. Requiring containers of peaches 
to be at a minimum California Well Matured in order to be marked ``tree 
ripe'' or ``tree ripened,'' or other interchangeable terms such as 
``ripened on the tree,'' or ``ripened on tree'' will clarify the 
current regulation by specifying when the ``tree ripe'' or some similar 
marking using the words ``tree'' and ``ripe'' can be used and help to 
ensure that buyer expectations are met.
    The PCC also recommended that a new container, that allows for 
markings on the lid of the container, be approved for peach shipments 
for the 1996 season only. The PCC will review the impact of this 
container with shippers prior to the 1997 season.
    The marketing order, under Sec. 917.442, requires that all 
containers be marked with specific information (e.g. handler, grade, 
size, and variety) and that all such markings on peach containers have 
to be applied to the outside end of the container. This has been 
defined as any of the four sides of the container, but not on the lid. 
Currently, there is interest by handlers in containers that are 
reusable thus creating financial savings for handlers. There is now a 
reusable and recyclable container, a single layer, plastic, 12x20 inch 
box, that is available for use with peaches. However, the design of the 
container, which has cooling slots in all of its sides, is such that 
the markings cannot easily be placed on the outside end of the 
container.
    The PCC believes that allowing for markings to be placed on the 
container lid will facilitate the use of this plastic, reusable and 
recyclable container in compliance with marketing order requirements. 
Authorizing the use of this new container will allow handlers to reduce 
their container costs through the continued reuse of the container.

Maturity Requirements (Peaches)

    Section 917.459 specifies maturity requirements for fresh peaches 
in paragraph (a)(1), including TABLE 1. For fruit being inspected and 
certified as meeting the maturity requirements for ``well matured'', 
maturity determinations are generally in terms of maturity guides 
(e.g., color chips) specified in TABLE 1. This rule revises TABLE 1 of 
paragraph (a)(1)(ii) of Sec. 917.459 for peaches to change the maturity 
guide for the Elegant Lady peach variety from a maturity guide M to a 
maturity guide L. The Early Delight peach variety has been recommended 
to be added with a maturity guide H and the May Sun variety has been 
recommended to be added with a maturity guide I.
    The PCC recommended these maturity requirement changes for these 
peach varieties based on a continuing review by the Shipping Point 
Inspection Service of their individual maturity characteristics, and 
the identification of the appropriate color chip corresponding to the 
``well matured'' level of maturity for such varieties.

Size Requirements (Peaches)

    Section 917.459 specifies size requirements for fresh peaches in 
paragraphs (a)(2) through (a)(6), and paragraphs (b) and (c). This rule 
also revises Sec. 917.459 to establish variety-specific size 
requirements for six peach varieties that were produced in commercially 
significant quantities of more than 10,000 packages for the first time 
during the 1995 season.
    Size regulations are put in place to improve fruit quality by 
allowing fruit to stay on the tree for a greater length of time. This 
increased growing time not

[[Page 13390]]
only improves maturity, and, therefore, the quality of the product, but 
also size of the fruit. Increased size results in increases in the 
number of packed boxes of peaches per acre. This provides greater 
consumer satisfaction, more repeat purchases, and, therefore, increases 
returns to growers. Varieties recommended for specific size regulation 
have been reviewed and recommendations are based on the characteristics 
of the variety to attain minimum size.
    In Sec. 917.459 paragraph (a)(5) is revised to include the May Sun 
peach variety; and paragraph (a)(6) is revised to include the July Sun, 
Kaweah, Snow Giant, Snow King, and Sugar Giant peach varieties.
    This rule also revises Sec. 917.459 to remove eleven peach 
varieties from the variety-specific size requirements specified in that 
section, because less than 5,000 packages of each of these varieties 
were produced during the 1995 season. In Sec. 917.459 paragraph (a)(2) 
of Sec. 917.459 is revised to remove the Flordaprince peach variety; 
paragraph (a)(5) is revised to remove the First Lady, Merrill Gem, 
Royal May, Sierra Crest, Summer Crest, and 50-178 peach varieties; and 
paragraph (a)(6) is revised to remove the Angelus, August Delight, 
Parade, and Scarlet Lady peach varieties. Peach varieties removed from 
the variety- specific list become subject to the non-listed variety 
size requirements specified in paragraphs (b) and (c) of Sec. 917.459.
    The removal of the Flordaprince variety from paragraph (a)(2) 
results in there being no varieties regulated within size 96 for the 
1996 season. Since the variety-specific list is subject to change from 
one season to another, the Department wishes to reserve paragraph 
number (a)(2) for future regulation of peaches at size 96.
    The PCC recommended these changes in the minimum size requirements 
based on a continuing review of the sizing and maturity relationships 
for these peach varieties, and the consumer acceptance levels for 
various sizes fruit. This rule is designed to establish minimum size 
requirements for fresh peaches consistent with expected crop and market 
conditions.
    This rule reflects the committees' and the Department's appraisal 
of the need to revise the handling requirements for California 
nectarines and peaches, as specified. The Department's determination is 
that this rule will have a beneficial impact on producers, handlers, 
and consumers of California nectarines and peaches.
    This rule establishes handling requirements for fresh California 
nectarines and peaches consistent with expected crop and market 
conditions, and will help ensure that all shipments of these fruits 
made each season will meet acceptable handling requirements established 
under each of these orders. This rule will also help the California 
nectarine and peach industries provide fruit desired by consumers. This 
rule is designed to establish and maintain orderly marketing conditions 
for these fruits in the interest of producers, handlers, and consumers.
    Based on the above, the Administrator of the AMS has determined 
that this rule will not have a significant economic impact on a 
substantial number of small entities.
    After consideration of all relevant matters presented, the 
information and recommendations submitted by the committees, and other 
information, it is found that the rule, as hereinafter set forth, will 
tend to effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined, upon 
good cause, that it is impracticable, unnecessary and contrary to the 
public interest to give preliminary notice prior to putting this rule 
into effect because: (1) California nectarine and peach growers and 
handlers should be apprised of this rule as soon as possible, since 
early shipments of these fruits are expected to begin about April 1; 
(2) this rule relaxes grade requirements for yellow-skinned nectarines 
and size requirements for several nectarine and peach varieties; (3) 
California nectarine and peach handlers are aware of these revised 
requirements that are non-controversial, administrative by nature, and 
similar to other recommendations made by the committees in prior 
seasons, and they will need no additional time to comply with such 
requirements; and (4) the rule provides a 30-day comment period, and 
any written comments received will be considered prior to any 
finalization of this interim final rule.

List of Subjects

7 CFR Part 916

    Marketing agreements, Nectarines, Reporting and recordkeeping 
requirements.

7 CFR Part 917

    Marketing agreements, Peaches, Pears, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR Parts 916 and 917 
are amended as follows:

PART 916--NECTARINES GROWN IN CALIFORNIA

    1. The authority citation for 7 CFR Part 916 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Section 916.350 is amended by revising TABLE 1 and TABLE 2 of 
paragraph (a)(4)(iv), revising paragraph (b), and adding a new 
paragraph (c) to read as follows:


Sec. 916.350  California Nectarine Container and Pack Regulation.

    (a) * * *
    (4) * * *
    (iv) * * *

Table 1.--Weight-Count Standards for Nectarines Packed in Loose or Tight-
                            Filled Containers                           
------------------------------------------------------------------------
                                                       Column B--Maximum
                                                           number of    
                                                        nectarines in a 
                                                        16-pound sample 
                                                         applicable to  
                                                           varieties    
                                                          specified in  
         Column A--Tray pack size designation              paragraphs   
                                                          (a)(2)(ii),   
                                                          (a)(3)(ii),   
                                                          (a)(4)(ii),   
                                                          (a)(5)(ii),   
                                                        (a)(7)(ii), and 
                                                         (a)(8)(ii) of  
                                                         Sec.  916.356  
------------------------------------------------------------------------
108..................................................                100
96...................................................                 90
88...................................................                 83
84...................................................                 78
80...................................................                 75
72...................................................                 67
70...................................................                 60
64...................................................                 55
60...................................................                 49
56...................................................                 46
54...................................................                 40
50...................................................                 39
48...................................................                 35
42...................................................                 31
40...................................................                 30
36...................................................                 25
34...................................................                 23
32...................................................                 22
30...................................................                 19
------------------------------------------------------------------------


Table 2.--Weight-Count Standards for Nectarines Packed in Loose or Tight-
                            Filled Containers                           
------------------------------------------------------------------------
                                                       Column B--Maximum
                                                           number of    
                                                        nectarines in a 
                                                        16-pound sample 
                                                         applicable to  
         Column A--Tray pack size designation              varieties    
                                                          specified in  
                                                           paragraphs   
                                                        (a)(6)(ii), and 
                                                         (a)(9)(ii) of  
                                                         Sec.  916.356  
------------------------------------------------------------------------
108..................................................                 92
96...................................................                 87

[[Page 13391]]
                                                                        
88...................................................                 78
84...................................................                 75
80...................................................                 67
72...................................................                 61
70...................................................                 56
64...................................................                 51
60...................................................                 46
56...................................................                 43
54...................................................                 39
50...................................................                 37
48...................................................                 33
42...................................................                 28
40...................................................                 26
36...................................................                 25
34...................................................                 23
32...................................................                 22
30...................................................                 19
------------------------------------------------------------------------



* * * * *
    (b) As used in this section, standard pack and fairly uniform in 
size shall have the same meanings as set forth in U.S. Standards for 
Grades of Nectarines (Secs. 51.3145 to 51.3160) and all other terms 
shall have the same meaning as when used in the amended marketing 
agreement and order. No. 12B standard fruit box measures 2\3/8\ to 7\1/
8\  x  11\1/2\  x  16\1/8\ inches, No. 22D standard lug box measures 
2\7/8\ to 7\1/8\  x  13\1/2\  x  16\1/8\ inches, No. 22E standard lug 
box measures 8\3/4\ x 13\1/2\  x  16\1/8\ inches, No. 22G standard lug 
box measures 7\3/8\ to 7\1/2\  x  13\1/4\  x  15\7/8\ inches. All 
dimensions are given in depth (inside dimension) by width by length 
(outside dimension). Individual consumer packages means packages 
holding 15 pounds or less net weight of nectarines. ``Tree ripe'' means 
``tree ripened'' and fruit shipped and marked as ``tree ripe'', ``tree 
ripened'', or any similar terms using the words ``tree'' and ``ripe'' 
must meet minimum California Well Matured standards.
    (c) Each container of nectarines in plastic, 12 x 20 inch reusable 
and recyclable containers shall meet and bear, on the container lid, 
all applicable marking requirements under the order.
    3. Section 916.356 is amended by revising paragraphs (a)(1) 
introductory text, Table 1, (a)(2) introductory text, (a)(3) 
introductory text, (a)(4) introductory text, and (a)(6) introductory 
text to read as follows:


Sec. 916.356  California Nectarine Grade and Size Regulation.

    (a) * * *
    (1) Any lot or package or container of any variety of nectarines 
unless such nectarines meet the requirements of U. S. No. 1 grade: 
Provided, that nectarines 2 inches in diameter or smaller, shall not 
have fairly light colored, fairly smooth scars which exceed an 
aggregate area of a circle \3/8\ inch in diameter, and nectarines 
larger than 2 inches in diameter shall not have fairly light colored, 
fairly smooth scars which exceed an aggregate area of a circle \1/2\ 
inch in diameter: Provided further, that an additional tolerance of 25 
percent shall be permitted for fruit that is not well formed but not 
badly misshapen: Provided further, that all varieties of nectarines 
which fail to meet the U.S. No. 1 grade only on account of lack of 
blush or red color due to varietal characteristics shall be considered 
as meeting the requirements of this subpart. The Federal or Federal-
State Inspection Service shall make final determinations on maturity 
through the use of color guides or such other tests as determined 
appropriate by the inspection agency.
* * * * *

                                 Table 1                                
------------------------------------------------------------------------
            Column A variety                 Column B  maturity guide   
------------------------------------------------------------------------
Alshir Red.............................  J                              
Ama Lyn................................  G                              
Apache.................................  G                              
April Glo..............................  H                              
Armking................................  B                              
August Glo.............................  L                              
August Red.............................  J                              
Aurelio Grand..........................  F                              
Autumn Delight.........................  M                              
Autumn Grand...........................  L                              
Bob Grand..............................  L                              
Clinton-Strawberry.....................  H                              
Del Rio Rey............................  G                              
Desert Dawn............................  G                              
Early Diamond..........................  J                              
Early May..............................  F                              
Early May Grand........................  H                              
Early Star.............................  G                              
Early Sungrand.........................  H                              
Fairlane...............................  M                              
Fantasia...............................  J                              
Firebrite..............................  H                              
Flamekist..............................  L                              
Flaming Red............................  K                              
Flavor Grand...........................  G                              
Flavortop..............................  J                              
Flavortop I............................  K                              
Gee Red................................  H                              
Gold King..............................  H                              
Grand Diamond..........................  L                              
Granderli..............................  J                              
Grand Stan.............................  F                              
Hi-Red.................................  J                              
Independence...........................  H                              
July Red...............................  L                              
June Glo...............................  H                              
June Grand.............................  G                              
Kent Grand.............................  L                              
King Jim...............................  L                              
Kism Grand.............................  J                              
Larry's Grand..........................  M                              
Late Le Grand..........................  L                              
Late Tina Red..........................  I                              
Le Grand...............................  H                              
Maybelle...............................  F                              
May Diamond............................  I                              
Mayfair................................  C                              
May Fire...............................  H                              
May Glo................................  H                              
May Grand..............................  H                              
May Kist...............................  H                              
Mayred.................................  B                              
Mid Glo................................  L                              
Mike Grand.............................  H                              
Moon Grand.............................  M                              
Niagara Grand..........................  H                              
Pacific Star...........................  G                              
P-R Red................................  L                              
Red Diamond............................  M                              
Red Delight............................  I                              
Red Free...............................  L                              
Red Glen...............................  J                              
Red Grand..............................  H                              
Red Jim................................  L                              
Red June...............................  G                              
Red Lion...............................  J                              
Red May................................  J                              
Regal Grand............................  L                              
Rio Red................................  L                              
Rose Diamond...........................  J                              
Royal Delight..........................  F                              
Royal Giant............................  I                              
Ruby Grand.............................  J                              
Ruby Sun...............................  J                              
Scarlet Red............................  K                              
September Grand........................  L                              
September Red..........................  L                              
Sheri Red..............................  J                              
Sierra Star/181-119....................  G                              
Son Red................................  L                              
Sparkling June.........................  M                              
Sparkling May..........................  J                              
Sparkling Red..........................  L                              
Spring Brite...........................  L                              
Spring Diamond.........................  M                              
Spring Grand...........................  G                              
Spring Red.............................  H                              
Springtop..............................  B                              
Stan's Grand...........................  C                              
Star Bright............................  G                              
Star Brite.............................  J                              
Star Grand.............................  H                              
Summer Beaut...........................  H                              
Summer Blush...........................  J                              
Summer Bright..........................  J                              
Summer Diamond.........................  M                              
Summer Fire............................  L                              
Summer Grand...........................  L                              
Summer Lion............................  M                              
Summer Red.............................  L                              
Summer Star............................  G                              
Sunburst...............................  J                              
Sun Diamond............................  I                              
Sunfre.................................  F                              
Sun Grand..............................  G                              

[[Page 13392]]
                                                                        
Super Star.............................  G                              
Tasty Free.............................  J                              
Tasty Gold.............................  H                              
Tom Grand..............................  L                              
Zee Glo................................  J                              
61-61..................................  J                              
------------------------------------------------------------------------



    Note: Consult with the Federal or Federal-State Inspection 
Service Supervisor for the maturity guides applicable to the 
varieties not listed above.
* * * * *
    (2) Any package or container of May Glo variety nectarines through 
May 5 of each year; or April Glo, or Mayfire variety nectarines, 
unless:
* * * * *
    (3) Any package or container of May Glo variety nectarines on or 
after May 6 of each year, or Earliglo, Early Diamond, Johnny's Delight, 
May Jim, or May Kist variety nectarines, unless:
* * * * *
    (4) Any package or container of Arctic Rose, Early May, Mike Grand, 
June Brite, June Glo, May Grand, May Diamond, May Lion, Pacific Star, 
Red Delight, Rose Diamond, Sparkling May, Star Brite, or Zee Grand 
variety nectarines unless:
* * * * *
    (6) Any package or container of Alshir Red, Alta Red, Arctic Queen, 
August Glo, August Red, Autumn Delight, Big Jim, Bob Grand, Early Red 
Jim, Early Sungrand, Fairlane, Fantasia, Firebrite, Flame Glo, 
Flamekist, Flaming Red, Flavor Grand, Flavortop, Flavortop I, Grand 
Diamond, How Red, July Red, King Jim, Kay Diamond, Kism Grand, Late Red 
Jim, Mid Glo, Moon Grand, Niagara Grand, Prima Diamond, Prima Diamond 
III, Prima Diamond IV, Prima Diamond VIII, P-R Red, Red Diamond, Red 
Fred, Red Free, Red Glen, Red Jim, Red Lion, Rio Red, Royal Giant, 
Royal Glo, Ruby Diamond, Ruby Grand, Scarlet Red, September Grand, 
September Red, Sparkling June, Sparkling Red, Spring Bright, Spring 
Diamond, Spring Red, Summer Beaut, Summer Blush, Summer Bright, Summer 
Diamond, Summer Fire, Summer Grand, Summer Lion, Summer Red, Summer 
Star, Sunburst, Sun Diamond, Super Star, Tasty Gold, Tom Grand, White 
Jewels, Zee Glo, 80P-1135, or 424-195 variety nectarines unless:
* * * * *

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

    1. The authority citation for 7 CFR Part 917 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Section 917.442 is amended by revising TABLE 1 of paragraph 
(a)(4)(iv), revising paragraph (b), and adding a new paragraph (c) to 
read as follows:


Sec. 917.442  California Peach Container and Pack Regulation.

    (a) * * *
    (4) * * *
    (iv) * * *

 Table 1.--Weight-Count Standards for Peaches Packed in Loose or Tight- 
                            Filled Containers                           
------------------------------------------------------------------------
                                                       Column B--Maximum
                                                       number of peaches
                                                         in a 16-pound  
                                                       sample applicable
                                                          to varieties  
                                                          specified in  
         Column A--Tray pack size designation              paragraphs   
                                                          (a)(2)(ii),   
                                                          (a)(3)(ii),   
                                                          (a)(4)(iii),  
                                                        (a)(5)(ii), and 
                                                         (b)(3) of Sec. 
                                                            917.459     
------------------------------------------------------------------------
96...................................................                 96
88...................................................                 92
84...................................................                 83
80...................................................                 76
72...................................................                 68
70...................................................                 64
64...................................................                 56
60...................................................                 50
56...................................................                 46
54...................................................                 44
50...................................................                 39
48...................................................                 35
42...................................................                 31
40...................................................                 30
36...................................................                 27
34...................................................                 25
32...................................................                 23
30...................................................                 21
------------------------------------------------------------------------

* * * * *
    (b) As used in this section, standard pack shall have the same 
meaning as set forth in U.S. Standards for Grades of Peaches 
(Secs. 51.1210 to 51.1223) and all other terms shall have the same 
meaning as when used in the amended marketing agreement and order. No. 
12B standard fruit box measures 2\3/8\ to 7\1/8\ x 11\1/2\  x  16\1/8\ 
inches, No. 22D standard lug box measures 2\7/8\ to 7\1/8\  x  13\1/2\ 
x  16\1/8\ inches, No.22E standard lug box measures 8\3/4\  x  13\1/2\ 
x  16\1/8\ inches, No. 22G standard lug box measures 7\3/8\ to 7\1/2\ 
x  13\1/4\  x  15\7/8\ inches. All dimensions are given in depth 
(inside dimension) by width by length (outside dimension). Individual 
consumer packages means packages holding 15 pounds or less net weight 
of nectarines. ``Tree ripe'' means the same as ``tree ripened'' and 
fruit shipped and marked as ``tree ripe'', ``tree ripened'', or any 
similar terms using the words ``tree'' and ``ripe'', must meet minimum 
California Well Matured standards.
    (c) Each container of peaches in plastic, 12 x 20 inch reusable and 
recyclable containers shall meet and bear, on the container lid, all 
applicable marking requirements under the order.
    3. Section 917.459 is amended by removing and reserving paragraph 
(a)(2), and revising Table 1 of paragraph (a)(1)(ii), (a)(5) 
introductory text, and (a)(6) introductory text to read as follows:


Sec. 917.459  California Peach Grade and Size Regulation.

    (a) * * *
    (1) * * *
    (ii) If a grower or handler believes his/her fruit is meeting the 
appropriate maturity level but the fruit has not been so graded by the 
inspector, he/she may appeal the inspection by calling the officer-in-
charge of the local Federal-State Inspection Service office to arrange 
for an on-site examination of the fruit.

                                 Table 1                                
------------------------------------------------------------------------
            Column A variety                 Column B  maturity guide   
------------------------------------------------------------------------
Angelus................................  I                              
Ambercrest.............................  G                              
Armgold................................  D                              
August Sun.............................  I                              
Autumn Crest...........................  I                              
Autumn Gem.............................  I                              
Autumn Lady............................  H                              
Autumn Rose............................  I                              
Bella Rosa.............................  G                              
Belmont (Fairmont).....................  I                              
Berenda Sun............................  I                              
Blum's Beauty..........................  G                              
Bonjour................................  F                              
Cardinal...............................  G                              
Cal Red................................  I                              
Carnival...............................  I                              
Cassie.................................  H                              
Coronet................................  E                              
Crimson Lady...........................  J                              
Crown Princess.........................  J                              
David Sun..............................  I                              
Desertgold.............................  B                              
Diamond Princess.......................  J                              
Early Coronet..........................  D                              
Early Delight..........................  H                              
Early Fairtime.........................  I                              
Early May Crest........................  H                              
Early O'Henry..........................  I                              
Early Royal May........................  G                              
Early Top..............................  G                              
Elberta................................  B                              
Elegant Lady...........................  L                              
Fairtime...............................  G                              
Fancy Lady.............................  J                              
Fay Elberta............................  C                              

[[Page 13393]]
                                                                        
Fayette................................  I                              
Fire Red...............................  I                              
First Lady.............................  D                              
Flamecrest.............................  I                              
Flavorcrest............................  G                              
Flavor Queen...........................  H                              
Flavor Red.............................  G                              
Fortyniner.............................  F                              
Franciscan.............................  G                              
Goldcrest..............................  H                              
Golden Crest...........................  H                              
Golden Lady............................  F                              
Honey Red..............................  G                              
Jody Gaye..............................  F                              
John Henry.............................  J                              
Judy Elberta...........................  C                              
July Lady..............................  G                              
June Crest.............................  G                              
June Lady..............................  G                              
June Pride.............................  J                              
June Sun...............................  H                              
Kearney................................  I                              
Kern Sun...............................  H                              
Kings Lady.............................  I                              
Kings Red..............................  I                              
Lacey..................................  I                              
Mardigras..............................  G                              
Mary Ann...............................  G                              
May Crest..............................  G                              
May Lady...............................  G                              
May Sun................................  I                              
Merrill Gem............................  G                              
Merrill Gemfree........................  G                              
Morning Sun............................  D                              
O'Henry................................  I                              
Pacifica...............................  G                              
Parade.................................  I                              
Pat's Pride............................  D                              
Preuss Suncrest........................  F                              
Prima Fire.............................  H                              
Prima Lady.............................  J                              
Prime Crest............................  H                              
Queen Crest............................  G                              
Ray Crest..............................  G                              
Red Cal................................  I                              
Redglobe...............................  C                              
Redhaven...............................  G                              
Red Lady...............................  G                              
Redtop.................................  G                              
Regina.................................  G                              
Rich Lady..............................  J                              
Rich May...............................  H                              
Rio Oso Gem............................  I                              
Royal April............................  D                              
Royal Lady.............................  J                              
Royal May..............................  G                              
Ruby May...............................  H                              
Ryan Sun...............................  I                              
Scarlet Lady...........................  F                              
September Sun..........................  I                              
Sierra Crest...........................  H                              
Sierra Lady............................  I                              
Sparkle................................  I                              
Springcrest............................  G                              
Spring Lady............................  H                              
Springold..............................  D                              
Sugar Lady.............................  J                              
Summer Lady............................  M                              
Summerset..............................  I                              
Suncrest...............................  G                              
Sun Lady...............................  I                              
Topcrest...............................  H                              
Toreador...............................  I                              
Tra Zee................................  J                              
Treasure...............................  F                              
Willie Red.............................  G                              
Windsor................................  I                              
Zee Lady...............................  L                              
50-178.................................  G                              
------------------------------------------------------------------------



    Note: Consult with the Federal or Federal-State Inspection 
Service Supervisor for the maturity guides applicable to the 
varieties not listed above
* * * * *
    (5) Any package or container of Babcock, Crimson Lady, Crown 
Princess, David Sun, Early May Crest, Flavorcrest, Golden Crest, Honey 
Red, June Lady, June Sun, Kern Sun, Kingscrest, Kings Red, May Crest, 
May Sun, Merrill Gemfree, Queencrest, Ray Crest, Redtop, Regina, Rich 
May, Snow Brite, Snow Flame, Springcrest, Spring Lady, or Sugar May 
variety of peaches unless:
* * * * *
    (6) Any package or container of Amber Crest, August Sun, Autumn 
Crest, Autumn Gem, Autumn Lady, Autumn Rose, Belmont, Berenda Sun, 
Blum's Beauty, Cal Red, Carnival, Cassie, Champagne, Diamond Princess, 
Early Elegant Lady, Early O'Henry, Elegant Lady, Fairmont, Fairtime, 
Fay Elberta, Fire Red, Flamecrest, John Henry, July Lady, July Sun, 
June Pride, Kaweah, Kings Lady, Lacey, Late Ito Red, Mary Ann, O'Henry, 
Prima Gattie, Prima Lady, Red Boy, Red Cal, Redglobe, Rich Lady, Royal 
Lady, Ryan's Sun, September Snow, September Sun, Sierra Lady, Snow 
Giant, Snow King, Sparkle, Sprague Last Chance, Summer Lady, Summer 
Sweet, Suncrest, Tra Zee, White Lady, or Zee Lady variety of peaches 
unless:
* * * * *
    Dated: March 21, 1996.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-7438 Filed 3-26-96; 8:45 am]
BILLING CODE 3410-02-P