[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Rules and Regulations]
[Pages 50853-50861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25410]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. FV96-916-3 FIR]
Nectarines and Peaches Grown in California; Revision of Handling
Requirements for Fresh Nectarines and Peaches
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule finalizes, with a few spelling corrections, the
provisions of an interim final rule that revised the handling
requirements for California nectarines and peaches by modifying the
grade, size, maturity, and container requirements for fresh shipments
of these fruits, beginning with 1997 season shipments. This rule also
corrects current grade, size and maturity requirements, primarily by
restoring regulatory text that was inadvertently misnumbered or omitted
during previous rulemaking actions. 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.
EFFECTIVE DATE: October 29, 1997.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, 2202 Monterey Street, suite 102B, Fresno, California 93721;
telephone:(209) 487-5901; Fax: (209) 487-5906; or Anne M. Dec,
Marketing Order Administration Branch, Fruit and Vegetable Division,
AMS, USDA, P.O. Box 96456, room 2525-S, Washington, DC 20090-6456;
telephone: (202) 720-2491; Fax: (202) 720-5698. Small
[[Page 50854]]
businesses may request information on compliance with this regulation
by contacting: Jay Guerber, Marketing Order Administration Branch,
Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S,
Washington, DC 20090-6456; telephone: (202) 720-2491; Fax: (202) 720-
5698.
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 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction to review the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after the date of the entry of the ruling.
Under the orders, grade, size, maturity, container and pack
requirements are established for fresh shipments of California
nectarines and peaches. Such requirements are in effect on a continuing
basis. The Nectarine Administrative Committee (NAC) and the Peach
Commodity Committee (PCC) met December 4, 1996, and unanimously
recommended that these handling requirements be revised prior to the
1997 season, which began April 1. The changes (1) authorize continued
use of a container first used in 1996; (2) authorize shipments of ``CA
Utility'' quality fruit during the 1997 season; (3) clarify container
tolerances for all nectarines and peaches; and (4) revise varietal
maturity and size requirements to reflect recent changes in growing
conditions.
The 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. 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 Requirements (Nectarines and Peaches)
Sections 916.52 and 917.41 of the nectarine and peach orders,
respectively, provide authority to fix the size, capacity, weight,
dimensions, markings, or pack of the container or containers that may
be used in the packaging and handling of these fruits. Section 916.350
specifies container and pack requirements for fresh nectarine shipments
and section 917.442 specifies container and pack requirements for fresh
peach shipments. Included in these sections are requirements that all
containers be marked with specific information (e.g., the name of the
handler, and the maturity, size, and variety of the fruit) and that
such markings be applied to the outside ends of the container.
Prior to the 1996 season, the NAC and PCC recommended that a new
container, permitted to be marked on its lid, be approved for nectarine
and peach shipments during the 1996 season only. The revised
requirements became effective on April 1, 1996. The NAC and PCC then
reviewed the impact of the use of this container at the conclusion of
the 1996 season.
The new container is plastic, rather than wood and paper. It is
also recyclable and reusable. The design of some styles of the
container, which has cooling slots on all of its sides, discourages
placement of markings on the outside ends. Furthermore, in order to
ensure and facilitate its reuse, container markings on the permanent
outside ends of the new container are not desirable. Instead, placement
of markings on the disposable lid is preferable. Thus, markings on the
new container have been permitted for either the lid or the outside
ends.
In the 1996 season, approximately 450,000 recyclable, reusable
boxes were used by nectarine and peach handlers. This represents
approximately 1 percent each of the total number of packages of
nectarines and peaches shipped in that season. Users of the recyclable,
reusable plastic boxes reported good acceptance by retailers and expect
increased demand for their use in the coming years. Industry sources
reported the boxes will likely be used for other commodities as
awareness and acceptance of the boxes increase. It was also noted that
the nectarine and peach industries could improve their competitive edge
by continued and increased use of the new recyclable, reusable plastic
box.
The NAC and PCC believe that continuing to permit container
markings to be placed either on the container lid or the outside ends
will continue to facilitate the use of this plastic, reusable, and
recyclable container. Authorizing the continued use of this container
will allow handlers to reduce their container costs through the
continued reuse of the container. Such reduced container costs could
result in increased returns to producers as well.
When the container requirements for nectarines and peaches were
changed on April 1, 1996, the revised provisions did not specify that
the change was effective only for the 1996 season. Thus, no changes in
the regulatory text of Secs. 916.350 and 917.442 are necessary. The use
of the recyclable, reusable plastic container is authorized for the
1997 season and beyond.
Quality Requirements (Nectarines and Peaches)
Sections 916.52 and 917.41 authorize the establishment of grade and
quality requirements for nectarines and peaches. Prior to the 1996
season, Sec. 916.356 required nectarines to meet a modified U.S. No. 1
grade. Specifically, nectarines were required to meet U.S. No. 1 grade
requirements, except there was a slightly tighter requirement for
scarring and a more liberal allowance for misshapened fruit. Under
Sec. 917.459, peaches were also required to meet the requirements of a
U.S. No. 1 grade, except there was a more liberal allowance for open
sutures which are damaged but not seriously damaged.
This rule continues the revision in the interim rule to paragraph
(a)(1) of Sec. 916.356 and paragraph (a)(1) of Sec. 917.459 to permit
shipments of nectarines and peaches meeting ``CA Utility'' quality
requirements during the 1997 season. (``CA Utility'' fruit is lower in
quality than fruit meeting the modified U.S. No. 1 grade
[[Page 50855]]
requirements.) Shipments of nectarines and peaches meeting ``CA
Utility'' quality requirements were first permitted during the 1996
season for that season only. By unanimous vote, the NAC and PCC
recommended that fruit meeting ``CA Utility'' quality requirements be
permitted to be shipped for an additional year. The NAC and PCC will
continue to monitor retailer and consumer perceptions of ``CA Utility''
nectarines and peaches to determine whether such fruit should continue
to be marketed.
Preliminary studies conducted by the NAC and PCC indicate that some
consumers, retailers, and foreign importers found the lower quality
fruit acceptable in some markets. Shipments of ``CA Utility''
nectarines represented 1.1 percent of all nectarine shipments, or
approximately 210,000 boxes in 1996. Shipments of ``CA Utility''
peaches represented 1.9 percent of all peach shipments in 1996, or
approximately 365,000 boxes.
Dr. Dennis Nef, California State University, Fresno, studied
samples of culled fruit at handler facilities during the 1995 and 1996
seasons. Results from the 1996 season were compared to the 1995 season.
Preliminary data indicate that a smaller percentage of culled
nectarines and peaches met the marketing order grade (modified U.S. No.
1) and size requirements in 1996 than in 1995. In 1995, approximately 8
percent of the nectarines in the cull stream met those requirements,
while in 1996, approximately 1 percent of the nectarines in the cull
stream met those requirements. In 1995, approximately 7 percent of the
peaches in the cull stream met the order's grade and size requirements,
while in 1996, approximately 1 percent of the peaches in the cull
stream met those requirements. (The ``cull stream'' includes all fruit
which is removed from the packing line by the handler's quality control
personnel and not placed in a container for shipment.) The decrease in
the amount of fruit in the cull stream seems to indicate a greater
utilization of available fruit rather than its disposal. With the
option of packing ``CA Utility'' quality fruit, it appears that the
handlers'' quality control personnel were less inclined to be overly
critical and to exclude acceptable modified U.S. No. 1 fruit. However,
not all of this increased utilization can be attributed to the
implementation of ``CA Utility'' quality requirements. The 1995 season,
which was the first in which cull data were obtained, was plagued by
adverse weather and hail storms. The damage inflicted by the storms
created conditions which decreased the quality of available nectarines
and peaches and increased somewhat the percentage of fruit in the cull
stream which would have met marketing order requirements. It is
probable that the implementation of ``CA Utility'' quality requirements
increased the utilization of some fruit which might have been disposed
of otherwise. Such utilization benefitted producers, handlers, and
consumers. For that reason, the NAC and PCC recommended that ``CA
Utility'' quality requirements be continued for the 1997 season. The
NAC and PCC will continue to monitor the impact of shipping ``CA
Utility'' nectarines and peaches to determine whether such shipments
continue to be in the interests of producers, handlers, and consumers.
In conforming changes, paragraph (d) of Sec. 916.350 and paragraph
(d) of Sec. 917.442 continue to be revised to require that ``CA
Utility'' quality fruit be labeled as such. This marking requirement
was in effect during the 1996 season, and is intended to enable
customers to differentiate between the different qualities of available
fruit.
Clarification of Container Tolerances (Nectarines and Peaches)
For those grade factors included in the U.S. Standards for Grades
of Nectarines or Peaches (standards), tolerances are provided for fruit
that fails to meet those factors to allow for variations incidental to
proper grading and handling. Tolerances are specified for both entire
lots of fruit and for individual containers within the lot.
The container tolerances in the standards are applicable to all
nectarines and peaches since those tolerances are not modified by the
order's rules and regulations. However, last fall, the NAC and PCC
voted to clarify the requirements for affected parties. Clarifying
these container tolerances will not have a regulatory impact on
nectarine and peach handlers because these tolerances are the same as
those applied in the standards.
Maturity Requirements (Nectarines and Peaches)
Both orders provide (in Secs. 916.52 and 917.41) authority to
establish maturity requirements. The minimum maturity level currently
specified for nectarines and peaches is ``mature'' as defined in the
standards. Additionally, both orders' rules and regulations provide for
a higher, ``well matured'' classification. For most varieties, ``well
matured'' fruit determinations are made using maturity guides (e.g.,
color chips). These maturity guides are reviewed each year by the
Shipping Point Inspection Service (SPI) to determine whether they need
to be changed based on the most recent information available on the
characteristics of each variety.
Nectarines
Requirements for ``well matured'' nectarines are specified in
paragraph (a)(1) of Sec. 916.356. This rule continues in effect the
revision in the interim rule of Table 1 of paragraph (a)(1) of
Sec. 916.356 for nectarines to add maturity guides for 12 nectarine
varieties. Specifically, an addition to the maturity guides was
recommended for Earliglo, May Jim, Red Glo, Royal Glo, and Zee Grand
nectarine varieties at a maturity guide of I; Big Jim, Early Red Jim,
Late Red Jim, May Lion, and Red Fred nectarine varieties at a maturity
guide of J; and Kay Diamond and Ruby Diamond nectarine varieties at a
maturity guide of L.
Table 1 of paragraph (a)(1) of Sec. 916.356 continues in effect the
revision changing the maturity guides for the following eight nectarine
varieties: Autumn Delight, Fairlane, Moon Grand, Red Diamond, Sparkling
June, Spring Diamond, Summer Diamond, and Summer Lion. The maturity
guide for these eight varieties was M, which was changed to L. The M
maturity guide is no longer deemed suited by SPI to nectarine varieties
currently in production. The L maturity guide more accurately reflects
the background color of modern nectarine varieties under production at
this time. For this reason, the NAC recommended these maturity
requirement changes based on SPI's continuing review of individual
maturity characteristics and identification of the appropriate maturity
guide corresponding to the ``well matured'' level of maturity for
nectarine varieties in production.
Paragraph (a)(1) of Sec. 916.356 also continues in effect the
revision in the interim rule to remove 13 nectarine varieties which are
no longer in production. The NAC routinely reviews the status of
nectarine varieties listed in these maturity guides. The most recent
review revealed that 13 of the nectarine varieties listed in the
maturity guide had not been in production since the 1993 season.
Typically, the NAC recommends removing a variety after non-production
for three seasons or if trees of that variety are known to have been
pulled out because a maturity guide for an obsolete variety is no
longer needed. The varieties removed include the Clinton-Strawberry,
Desert Dawn, Early Star, Gee Red, Granderli, Hi Red, Larry's Grand,
Late Tina Red, Mayfair, May Red, Red June, Stan Grand, and 61-61
nectarine varieties.
[[Page 50856]]
Table 1 of paragraph (a)(1) of Sec. 916.356 continues in effect the
revision to correct the identification of the Red Lion nectarine
variety. The name ``Red Lion'' has been changed to ``August Lion.'' For
that reason, all references to Red Lion have been changed to August
Lion. In addition, three nectarine varieties were identified as June
Glo, May Glo, and Spring Brite. The correct spelling of these three
varieties is Juneglo, Mayglo, and Spring Bright, respectively.
Peaches
Paragraph (a)(1) of Sec. 917.459 specifies maturity requirements
for fresh peaches being inspected and certified as being ``well
matured.''
This rule continues in effect the revision of Table 1 of paragraph
(a)(1) of Sec. 917.459 to add maturity guides for the Kingscrest peach
variety to be regulated at the H maturity guide, the Red Dancer peach
variety to be regulated at the I maturity guide, and the Early Elegant
Lady peach variety to be regulated at the L maturity guide.
This rule also continues in effect the revision in the interim rule
changing the maturity guide assignment on Table 1 of paragraph (a)(1)
of Sec. 917.459 for the Summer Lady peach variety from the M maturity
guide to the L maturity guide. The M maturity guide is no longer deemed
suited by SPI to peach varieties currently in production. The L
maturity guide more accurately reflects the background color of modern
peach varieties in production at this time. For this reason, the PCC
recommended this maturity requirement change based on SPI's continuing
review of individual maturity characteristics and identification of the
appropriate maturity guide corresponding to the ``well matured'' level
of maturity for peach varieties in production.
The maturity requirement changes for these peach varieties are
based on the PCC's continuing review of their individual maturity
characteristics, and the identification of the appropriate color chip
corresponding to the ``well matured'' level of maturity for each such
variety.
Table 1 of paragraph (a)(1) of Sec. 917.459 continues in effect the
revision in the interim rule removing 19 peach varieties which are no
longer in production. The PCC routinely reviews the status of peach
varieties listed in these maturity guides. The most recent review
revealed that 19 of the peach varieties listed in the maturity guide
had not been in production since the 1993 season. Typically, the PCC
recommends removing a variety after non-production for three seasons or
if trees of that variety are known to have been pulled out because a
maturity guide for an obsolete variety is no longer needed. The
varieties removed include the Armgold, Bella Rosa, Bonjour, Desertgold,
Early Fairtime, Early Royal May, Fortyniner, Jody Gaye, June Crest,
Mardigras, Morning Sun, Preuss Suncrest, Prima Fire, Royal April, Sun
Lady, Toreador, Treasure, Windsor, and 50-178 peach varieties.
Table 1 of paragraph (a)(1) continues in effect the revision to
change the spelling of two varieties of peaches. The Judy Elberta and
Mary Ann varieties appeared on Table 1. However, the spelling of these
two names was corrected to read ``July Elberta'' and ``Mary Anne.''
Size Requirements (Nectarines and Peaches)
Both orders provide (in Secs. 916.52 and 917.41) authority to
establish size requirements. Size regulations encourage growers to
leave fruit 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 fruit per acre. Acceptable
size fruit also provides greater consumer satisfaction, more repeat
purchases, and, therefore, increased returns to producers. Varieties
recommended for specific size regulation have been reviewed and
recommendations are based on the specific characteristics of each
variety. The NAC and PCC conduct studies each season on the range of
sizes reached by the regulated varieties and determine whether
revisions in the size requirements are appropriate.
Nectarines
Section 916.356 specifies size requirements for fresh nectarines in
paragraphs (a)(2) through (a)(9). This rule continues in effect the
revision in the interim rule of Sec. 916.356 to establish variety-
specific size requirements for 10 nectarine varieties that were
produced in commercially significant quantities of more than 10,000
packages for the first time during the 1996 season. This rule also
continues in effect the modification of the variety-specific size
requirements for several varieties of nectarines.
For example, one of the varieties added to the variety-specific
size requirements is the Kay Glo variety. Studies of the size ranges
attained by the Kay Glo variety revealed that .5 percent of that
variety met the smallest size, size 96, while 1.6 percent met the
largest size, size 40. Approximately 45 percent of the nectarines of
the Kay Glo variety met the next larger size, size 50.
A review of other varieties with the same harvesting period
indicated that Kay Glo was comparable to those varieties in its size
ranges. Thus, the recommendation to place the Kay Glo nectarine variety
in the variety-specific size regulation at a size 88 is appropriate.
Historical variety data such as this provide the NAC with the
information necessary to recommend the appropriate sizes at which to
regulate various nectarine varieties.
Paragraph (a)(3) of Sec. 916.356 continues in effect the revision
to include the Grand Sun nectarine variety; paragraph (a)(4) continues
in effect the revision to include the Arctic Star, Kay Glo, Prima
Diamond II, and Prince Jim nectarine varieties; and paragraph (a)(6) in
Sec. 916.356 continues in effect the revision to include the Arctic
Pride, Arctic Sweet, Diamond Ray, Honey Kist, and Prime Diamond VII
nectarine varieties.
This rule also continues in effect the revision of Sec. 916.356 to
remove seven 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 1996 season.
Paragraph (a)(4) of that section continues in effect the removal of the
Mike Grand nectarine variety. Paragraph (a)(6) continues in effect the
removal of the Early Sungrand, Nectarine 23, Prima Diamond, Prima
Diamond III, Tasty Gold, and Tom Grand nectarine varieties.
Paragraph (a)(4) of Sec. 916.356 continues in effect the revision
to include the Arctic Glo and Red Glo nectarine varieties which were
inadvertently removed from the variety-specific size requirement prior
to the 1996 season.
In a conforming change, paragraphs (a)(3) and (a)(4) of
Sec. 916.356 also continue in effect the revision in the interim rule
to correct the spelling of the Mayglo and Juneglo nectarine varieties,
respectively. Paragraph (a)(6) continues in effect the revision to
include the August Lion variety in place of the Red Lion variety.
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
[[Page 50857]]
is designed to establish minimum size requirements for fresh nectarines
consistent with expected crop and market conditions.
Peaches
Section 917.459 specifies size requirements for fresh peaches in
paragraphs (a)(2) through (a)(6), and paragraphs (b) and (c). This rule
continues in effect the revision in the interim rule of Sec. 917.459 to
establish variety-specific size requirements for nine peach varieties
that were produced in commercially significant quantities of more than
10,000 packages for the first time during the 1996 season.
For example, one of the varieties added to the variety-specific
size requirements is the August Lady variety. Studies of the size
ranges attained by the August Lady variety revealed that no peaches of
that variety met the smallest size, size 96, while 36 percent of the
peaches of the August Lady variety met the largest size, size 30.
A review of other varieties of the same harvesting period indicated
that August Lady was comparable to those varieties in its size ranges.
Thus, the recommendation to place the August Lady peach variety in the
variety-specific size regulation at a size 72 is appropriate.
Historical variety data such as this provide the PCC with the
information necessary to recommend the appropriate sizes at which to
regulate various peach varieties.
In Sec. 917.459, current paragraph (a)(5) continues in effect the
revision to include the Rich Mike, Sweet Gem, and Sweet Scarlet peach
varieties; and current paragraph (a)(6) continues in effect the
revision to include the August Lady, Autumn Flame, Red Sun, Scarlet
Snow, Snow Diamond, Summer Zee, and Vista peach varieties.
This rule also continues in effect the removal of one peach variety
from the variety-specific size requirements specified in Sec. 917.459,
because less than 5,000 packages of this variety were produced during
the 1996 season. In Sec. 917.459, current paragraph (a)(5) continues in
effect the revision to remove the Regina peach variety.
In a conforming change, current paragraph (a)(6) of Sec. 917.459
continues the revision in the interim rule to correct the spelling of
one peach variety from ``Mary Ann'' to ``Mary Anne.''
Peach varieties removed from the variety-specific list become
subject to the non-listed variety size requirements specified in
paragraphs (b) and (c) of Sec. 917.459.
The PCC recommended these changes in the minimum size requirements
based on a continuing review of the sizing and maturity relationships
for these peach varieties, and the consumer acceptance levels for
various sizes of 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.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. Accordingly, AMS has
prepared this final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 300 California nectarine and peach handlers
subject to regulation under the orders covering nectarines and peaches
grown in California, and about 1,800 producers of these fruits in
California. Small agricultural producers have been defined by the Small
Business Administration [13 CFR 121.601] as those having annual
receipts of less than $500,000. Small agricultural service firms, which
includes handlers, 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.
Under Secs. 916.52 and 917.41 of the orders, grade, size, maturity,
container and pack requirements are established for fresh shipments of
California nectarines and peaches. Such requirements are in effect on a
continuing basis. This rule continues the revisions in the interim rule
of requirements to: (1) authorize continued use of a container first
used in 1996; (2) authorize shipments of ``CA Utility'' quality fruit
during the 1997 season; (3) clarify container tolerances for containers
of nectarines and peaches; and (4) revise varietal maturity and size
requirements to reflect current growing conditions.
Section 916.350, paragraph (c) and Sec. 917.442, paragraph (c)
continue in effect the authority to use a recyclable, reusable plastic
container during the 1997 season and beyond. This rule also continues
in effect the authority to permit markings on such containers to be
placed on the disposable lids rather than on the outside ends of the
containers. Use of this container will continue to offer a cheaper and
more environment-friendly alternative to currently-used disposable
wooden and paper boxes. In addition, use of this container is advocated
by retailers who desire to decrease their costs of disposing of packing
boxes. Approximately 450,000 recyclable, reusable plastic boxes were
used by handlers of nectarines and peaches during the 1996 season,
representing more than 1 percent each of total nectarine shipments of
19,561,227 boxes and peach shipments of 19,481,624 boxes.
The increased use of this container is expected to result in
decreased handling costs for handlers, and thereby improved returns to
producers. Generally, under current industry practices, handlers' costs
of packaging nectarines and peaches are passed on to producers by
handlers via a deduction from total returns. Such costs include pre-
cooling of received fruit, costs of boxes, costs of packing materials,
costs of palletizing packed boxes, cold storage, inspection costs, etc.
A decrease in the cost of boxes, then, has the potential for decreased
handling costs passed on to all producers.
Under Secs. 916.350 and 917.442 of the regulations for nectarines
and peaches, respectively, use of lower-quality ``CA Utility''
nectarines and peaches was authorized for the 1996 season only. This
rule continues the revision in the interim rule to permit the continued
use of ``CA Utility'' quality fruit for the 1997 season while further
data is obtained. During the 1996 season, the Department authorized the
use of nectarines and peaches which were of a lower quality than the
minimum permitted for previous seasons. During 1996, there
[[Page 50858]]
were 210,443 boxes of nectarines and 365,761 boxes of peaches shipped
as ``CA Utility,'' or 1.1 percent and 1.9 percent of nectarine and
peach shipments, respectively. Continued availability of ``CA Utility''
quality fruit is expected to have a positive impact on producers,
handlers, and consumers by permitting more nectarines and peaches into
fresh market channels, without adversely impacting the market for
higher quality fruit.
This rule also continues the clarification in the interim rule of
the container tolerances for nectarines and peaches. Under the orders,
the container tolerances in the standards have been applied to
nectarines and peaches, although the tolerances were not specifically
included in the orders' rules and regulations. Thus, this is a
clarifying change which will not impose any additional burdens on
growers or handlers.
Sections 916.356 and 917.442 for nectarines and peaches,
respectively, currently establish minimum maturity levels. This rule
continues in effect adjustments to the maturity requirements for
several varieties of nectarines and peaches. Maturity requirements are
based on maturity measurements generally using maturity guides (e.g.,
color chips). Such maturity guides provide producers and handlers with
objective tools for measuring the maturity of different varieties of
nectarines and peaches. Such maturity guides are reviewed annually to
determine the appropriate guide for each nectarine and peach variety.
These annual adjustments reflect changes in the maturity patterns of
nectarines and peaches as experienced over the previous seasons'
inspections. Adjustments in the guides ensure that fruit has met an
acceptable level of ripeness, thus ensuring consumer satisfaction and
benefitting nectarine and peach growers and handlers.
Currently, in Secs. 916.356 and 917.459, minimum sizes for various
varieties of nectarines and peaches are established. This rule
continues in effect adjustments to the minimum sizes for various
varieties of nectarines and peaches beginning with the 1997 season.
Minimum size regulations are put in place to allow fruit to remain on
the tree for a greater length of time. This increased growing time not
only improves maturity, but also improves fruit size. Increased fruit
size increases the number of packed boxes per acre to the benefit of
both producers and handlers. Increased fruit size also provides greater
consumer satisfaction and, therefore, more repeat purchases by
consumers. Repeat purchases and consumer satisfaction benefit producers
and handlers alike. Such adjustments to minimum sizes of nectarines and
peaches are recommended each year by the NAC and PCC based upon
historical data regarding sizes which the different varieties attain.
This rule clarifies some of the orders' requirements and relaxes
others. This action does not impose any additional reporting and
recordkeeping requirements on either small or large handlers. As with
all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this rule. However, as previously
stated, nectarines and peaches under the orders have to meet certain
requirements set forth in the standards issued under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1621 through 1627). Standards issued
under the Agricultural Marketing Act of 1946 are otherwise voluntary.
In addition, the committees' meetings were widely publicized
throughout the nectarine and peach industries and all interested
parties were invited to attend the meetings and participate in
committee deliberations on all issues. Like all committee meetings, the
December 4, 1996, meetings were public meetings and all entities, both
large and small, were able to express views on these issues. The
committees themselves are composed of producers, the majority of whom
are small entities.
The interim final rule regarding this action was issued on March
24, 1997, and published in the Federal Register on April 1, 1997 (62 FR
15355). That rule amended Secs. 916.350, 916.356, 917.442, and 917.459
of the rules and regulations in effect under the orders. That rule
provided a 30-day comment period which ended on May 1, 1997. One
comment was received from the committees' Field Director.
The comment was apparently based on a misreading of the application
of tolerances in the U.S. Standards and suggested that the container
tolerances for nectarines included in the interim final rule were
greater than those recommended by the NAC. However, the commenter
recommended that the container tolerances in the interim rule continue
in effect unchanged, since revisions at this point would subject
handlers of nectarines to changes in container tolerances in the middle
of the shipping season. The comment further indicated that the NAC will
likely review the nectarine container tolerances at the end of the 1997
season and consider whether modifications are needed prior to the 1998
season.
The comment also noted three typographical errors in the interim
final rule. The nectarine variety named ``May Fire'' should be spelled
``Mayfire.'' Table 1 in Sec. 916.356 (a)(1) has been corrected
accordingly.
The name of a nectarine variety included in the variety-specific
size requirements at Sec. 916.356(a)(6) has also been corrected from
``White Jewels (Arctic Snow)'' to ``Arctic Snow (White Jewel).''
Finally, the commenter noted that the spelling of ``Kingcrest''
should be changed to ``Kingscrest'' in references to that peach variety
in Table 1 of paragraph (a)(1) and current paragraph (a)(5) of
Sec. 917.459. Those corrections are made by this rule.
The Department also noted a number of errors in the current text of
Secs. 916.356 and 917.459 that are corrected by this rule. The primary
corrections restore regulatory text that was inadvertently misnumbered
or removed during previous rulemaking actions, move certain text to
more appropriate locations, and delete obsolete language no longer
needed. Specific changes are listed below.
Paragraph (a)(1) of Sec. 916.356 is revised to include an exemption
from a grade requirement pertaining to color for nectarine varieties
lacking red blush or red color on the skins. This provision was
inadvertently omitted from the regulatory text in a previous rule.
Paragraphs (a)(1) of Secs. 916.356 and 917.459 are revised to move
the maturity tables, which were misnumbered, to a new subparagraph
(iv). This new subparagraph also contains introductory text pertaining
to the maturity tables, which was misnumbered. Also, provisions
pertaining to appeals of maturity determinations are relocated in a new
subparagraph (v).
In the interim final rule published in the Federal Register on
April 1, 1997 (62 FR 15355), the new provisions pertaining to container
tolerances were duplicatively numbered with the tolerances applicable
to ``CA Utility'' quality nectarines and peaches. The latter tolerances
are placed in subparagraphs (a)(1)(iii) of Secs. 916.356 and 917.459.
In Sec. 916.356, current paragraph (c) is redesignated as paragraph
(d), and the new container tolerances are moved to a new paragraph (c).
In Sec. 917.459, current paragraph (e) is redesignated as paragraph
(f), and the new container tolerances are moved to a new paragraph (e).
[[Page 50859]]
As previously noted, the spelling of the ``Mayglo'' nectarine
variety was corrected in paragraph (a)(3) of Sec. 916.356; this rule
makes that correction in paragraph (a)(2) of that section as well.
In Sec. 917.459, obsolete language pertaining to minimum sizes for
peaches is removed. Current paragraphs (a)(2) and (a)(4) are removed
and current paragraphs (a)(3), (a)(5), and (a)(6) are redesignated as
(a)(2), (a)(3), and (a)(4). Conforming changes are made in paragraphs
(b) and (c) of that section as well.
After consideration of all relevant matter presented, including
that contained in the interim final rule, as well as the committees'
recommendations, the comment received, and other available information,
it is found that this final rule, as hereinafter set forth, will tend
to effectuate the declared policy of the Act.
List of Subjects
7 CFR Part 916
Marketing agreements, Nectarines, Reporting and recordkeeping
requirements.
7 CFR Part 917
Marketing agreements, Peaches, Pears, Reporting and recordkeeping
requirements.
Accordingly, the interim final rule amending 7 CFR parts 916 and
917 which was published at 62 FR 15355 on April 1, 1997, is adopted as
a final rule with the following changes:
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 916.356 is amended by:
(A) Revising paragraphs (a)(1) introductory text, and (a)(1)(iii);
(B) Adding new paragraphs (a)(1)(iv), (a)(1)(v), and a new Table 1
with a note immediately following it after paragraph (a)(1)(iv);
(C) Removing the words ``May Glo'' and adding the word ``Mayglo''
in paragraph (a)(2);
(D) Adding the words ``Arctic Snow (White Jewel)'' after the words
``Arctic Queen'' and removing the words ``White Jewels (Arctic Snow)''
in paragraph (a)(6); and
(E) Redesignating paragraph (c) as paragraph (d) and adding a new
paragraph (c) to read as follows:
Sec. 916.356 California Nectarine Grade and Size Regulation.
(a) * * *
(1) Any lot or package or container of any variety of nectarines
unless such nectarines meet the requirements of U.S. No. 1 grade:
Provided, That nectarines 2 inches in diameter or smaller, shall not
have fairly light-colored, fairly smooth scars which exceed an
aggregate area of a circle \3/8\ inch in diameter, and nectarines
larger than 2 inches in diameter shall not have fairly light-colored,
fairly smooth scars which exceed an aggregate area of a circle \1/2\
inch in diameter: Provided further, That an additional tolerance of 25
percent shall be permitted for fruit that is not well formed, but not
badly misshapened: 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: Provided further, That
during the period April 1 through October 31, 1997, any handler may
handle nectarines if such nectarines meet ``CA Utility'' quality
requirements. The term ``CA Utility'' means that not more than 30
percent of the nectarines in any container meet or exceed the
requirements of the U.S. No. 1 grade and that such nectarines are
mature and are:
(i) * * *
(ii) * * *
(iii) Tolerances. Not more than 10 percent, by count, of the
nectarines in any one container may be below the requirements which are
prescribed by this paragraph, including not more than 5 percent, by
count, for any one defect, except split pits. An additional tolerance
of 10 percent, by count, of the nectarines in any one container or bulk
lot may contain nectarines affected with split pits. This means a total
tolerance of 20 percent is allowed for all defects, including split
pits, but not to exceed 15 percent for split pits alone.
(iv) The Federal or Federal-State Inspection Service shall make
final determinations on maturity through the use of color guides or
such other tests as determined appropriate by the inspection agency.
The Federal or Federal-State Inspection Service will use the maturity
guides listed in Table 1 to paragraph (a)(1)(iv) in making maturity
determinations for the specified varieties when inspecting to the
``well matured'' level of maturity. For these varieties, not less than
90 percent of any lot shall meet the color guide established for the
variety, and an aggregate area of not less than 90 percent of the fruit
surface shall meet the color guide established for the variety, except
that for the Fairlane, Tom Grand, and 61-61 varieties of nectarines,
not less than an aggregate area of 80 percent of the fruit surface
shall meet the color guide established for the variety. For varieties
not listed, the Federal or Federal-State Inspection Service will use
such tests as it deems proper. A variance for any variety from the
application of the maturity guides specified in Table 1 to paragraph
(a)(1)(iv) may be granted during the season to reflect changes in crop,
weather, or other conditions that would make the specified guides an
inappropriate measure of ``well matured.''
Table 1 to Paragraph (a)(1)(iv)
------------------------------------------------------------------------
Column A variety Column B maturity guide
------------------------------------------------------------------------
Alshir Red................................. J
Ama Lyn.................................... G
Apache..................................... G
April Glo.................................. H
Arm King................................... B
August Glo................................. L
August Lion................................ J
August Red................................. J
Aurelio Grand.............................. F
Autumn Delight............................. L
Autumn Grand............................... L
Big Jim.................................... J
Bob Grand.................................. L
Del Rio Rey................................ G
Earliglo................................... I
Early Diamond.............................. J
Early May.................................. F
Early May Grand............................ H
Early Red Jim.............................. J
Early Sungrand............................. H
Fairlane................................... L
Fantasia................................... J
Firebrite.................................. H
Flamekist.................................. L
Flaming Red................................ K
Flavor Grand............................... G
Flavortop.................................. J
Flavortop I................................ K
Gold King.................................. H
Grand Diamond.............................. L
Grand Stan................................. F
Independence............................... H
July Red................................... L
Juneglo.................................... H
June Grand................................. G
Kay Diamond................................ L
Kent Grand................................. L
King Jim................................... L
Kism Grand................................. J
Late Le Grand.............................. L
Late Red Jim............................... J
Le Grand................................... H
Maybelle................................... F
May Diamond................................ I
Mayfire.................................... H
Mayglo..................................... H
May Grand.................................. H
May Jim.................................... I
May Kist................................... H
May Lion................................... J
[[Page 50860]]
Mid Glo.................................... L
Mike Grand................................. H
Moon Grand................................. L
Niagara Grand.............................. H
Pacific Star............................... G
P-R Red.................................... L
Red Diamond................................ L
Red Delight................................ I
Red Fred................................... J
Red Free................................... L
Red Glen................................... J
Red Glo.................................... I
Red Grand.................................. H
Red Jim.................................... L
Red June................................... G
Red May.................................... J
Regal Grand................................ L
Rio Red.................................... L
Rose Diamond............................... J
Royal Delight.............................. F
Royal Giant................................ I
Royal Glo.................................. I
Ruby Diamond............................... L
Ruby Grand................................. J
Ruby Sun................................... J
Scarlet Red................................ K
September Grand............................ L
September Red.............................. L
Sheri Red.................................. J
Sierra Star/181-119........................ G
Son Red.................................... L
Sparkling June............................. L
Sparkling May.............................. J
Sparkling Red.............................. L
Spring Bright.............................. L
Spring Diamond............................. L
Spring Grand............................... G
Spring Red................................. H
Spring Top................................. B
Star Bright................................ G
Star Brite................................. J
Star Grand................................. H
Summer Beaut............................... H
Summer Blush............................... J
Summer Bright.............................. J
Summer Diamond............................. L
Summer Fire................................ L
Summer Grand............................... L
Summer Lion................................ L
Summer Red................................. L
Summer Star................................ G
Sunburst................................... J
Sun Diamond................................ I
Sunfre..................................... F
Sun Grand.................................. G
Super Star................................. G
Tasty Free................................. J
Tasty Gold................................. H
Tom Grand.................................. L
Zee Glo.................................... J
Zee Grand.................................. I
------------------------------------------------------------------------
Note: Consult with the Federal or Federal-State Inspection Service
Supervisor for the maturity guides applicable to the varieties not
listed in this table.
(v) 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.
* * * * *
(c) Container tolerances. A package may contain not more than
double any specified tolerance except that at least two defective
specimens may be permitted in any package: Provided, That the averages
for the entire lot are within the tolerances specified in this part.
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
3. The authority citation for 7 CFR part 917 continues to read as
follows:
4. Section 917.459 is amended by:
(A) Revising paragraphs (a)(1) introductory text, and (a)(1)(iii);
(B) Adding new paragraphs (a)(1)(iv) and (a)(1)(v), and a new Table
1 with a note immediately following it following paragraph (a)(1)(iv);
(C) Removing paragraph (a)(2) and redesignating paragraphs (a)(3),
(a)(4), (a)(5) and (a)(6) as paragraphs (a)(2), (a)(3), (a)(4) and
(a)(5);
(D) Revising the introductory text of paragraphs (b) and (c);
(E) Redesignating paragraph (e) as paragraph (f) and adding a new
paragraph (e) to read as follows:
Sec. 917.459 California Peach Grade and Size Regulation.
(a) * * *
(1) Any lot or package or container of any variety of peaches
unless such peaches meet the requirements of U.S. No. 1 grade:
Provided, That an additional 25 percent tolerance shall be permitted
for fruit with open sutures which are damaged, but not seriously
damaged: Provided further, That during the period April 1 through
November 23, 1997, any handler may handle peaches if such peaches meet
``CA Utility'' quality requirements. The term ``CA Utility'' means that
not more than 30 percent of the peaches in any container meet or exceed
the requirements of the U.S. No. 1 grade and that such peaches are
mature and are:
(i) Free from insect injury which has penetrated or damaged the
flesh; split pits which cause an unhealed crack or one or more healed
cracks which, either singly or in the aggregate, are more than \1/2\
inch in length; and mold, brown rot, and decay; and
(ii) * * *
(iii) Tolerances. Not more than 10 percent, by count, of the
peaches in any container may be below the requirements prescribed by
this paragraph. Not more than one-half of this tolerance shall be
allowed for any one cause. Individual containers in any lot may contain
not more than one and one-half times the tolerances specified if the
percentage of defects of the entire lot averages within the tolerances.
(iv) The Federal or Federal-State Inspection Service shall make
final determinations on maturity through the use of color chips or such
other tests as determined appropriate by the inspection agency. The
Federal or Federal-State Inspection Service will use the maturity
guides listed in Table 1 to paragraph (a)(1)(iv) in making maturity
determinations for the specified varieties when inspecting to the
``well matured'' level of maturity. For these varieties, not less than
90 percent of any lot shall meet the color guide established for the
variety, and an aggregate area of not less than 90 percent of the fruit
surface shall meet the color guide established for the variety. For
varieties not listed, the Federal or Federal-State Inspection Service
will use such tests as it deems proper. A variance for any variety from
the application of the maturity guides specified in Table 1 to
paragraph (a)(1)(iv) may be granted during the season to reflect
changes in crop, weather, or other conditions that would make the
specified inappropriate measure of ``well matured.''
Table 1 to paragraph (a)(1)(iv)
------------------------------------------------------------------------
Column A variety Column B maturity guide
------------------------------------------------------------------------
Angelus.................................... I
Ambercrest................................. G
August Sun................................. I
Autumn Crest............................... I
Autumn Gem................................. I
Autumn Lady................................ H
Autumn Rose................................ I
Belmont (Fairmont)......................... I
Berenda Sun................................ I
Blum's Beauty.............................. G
Cardinal................................... G
Cal Red.................................... I
Carnival................................... I
Cassie..................................... H
Coronet.................................... E
Crimson Lady............................... J
Crown Princess............................. J
David Sun.................................. I
Diamond Princess........................... J
Early Coronet.............................. D
Early Delight.............................. H
Early Elegant Lady......................... L
Early May Crest............................ H
Early O'Henry.............................. I
Early Top.................................. G
Elberta.................................... B
Elegant Lady............................... L
Fairtime................................... G
Fancy Lady................................. J
Fay Elberta................................ C
[[Page 50861]]
Fayette.................................... I
Fire Red................................... I
First Lady................................. D
Flamecrest................................. I
Flavorcrest................................ G
Flavor Queen............................... H
Flavor Red................................. G
Franciscan................................. G
Goldcrest.................................. H
Golden Crest............................... H
Golden Lady................................ F
Honey Red.................................. G
John Henry................................. J
July Elberta............................... C
July Lady.................................. G
June Lady.................................. G
June Pride................................. J
June Sun................................... H
Kearney.................................... I
Kern Sun................................... H
Kingscrest................................. H
Kings Lady................................. I
Kings Red.................................. I
Lacey...................................... I
Mary Anne.................................. G
May Crest.................................. G
May Lady................................... G
May Sun.................................... I
Merrill Gem................................ G
Merrill Gemfree............................ G
O'Henry.................................... I
Pacifica................................... G
Parade..................................... I
Pat's Pride................................ D
Prima Lady................................. J
Prime Crest................................ H
Queencrest................................. G
Ray Crest.................................. G
Red Cal.................................... I
Red Dancer (Red Boy)....................... I
Redglobe................................... C
Redhaven................................... G
Red Lady................................... G
Redtop..................................... G
Regina..................................... G
Rich Lady.................................. J
Rich May................................... H
Rio Oso Gem................................ I
Royal Lady................................. J
Royal May.................................. G
Ruby May................................... H
Ryan Sun................................... I
Scarlet Lady............................... F
September Sun.............................. I
Sierra Crest............................... H
Sierra Lady................................ I
Sparkle.................................... I
Springcrest................................ G
Spring Lady................................ H
Springold.................................. D
Sugar Lady................................. J
Summer Lady................................ L
Summerset.................................. I
Suncrest................................... G
Topcrest................................... H
Tra Zee.................................... J
Willie Red................................. G
Zee Lady................................... L
------------------------------------------------------------------------
Note: Consult with the Federal or Federal-State Inspection Service
Supervisor for the maturity guides applicable to the varieties not
listed in this table.
(v) 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.
* * * * *
(b) During the period April 1 through June 30 of each fiscal
period, no handler shall handle any package or container of any variety
of peaches not specifically named in paragraphs (a)(2), (a)(3) or
(a)(4) of this section unless:
* * * * *
(c) During the period July 1 through October 31 of each fiscal
period, no handler shall handle any package or container of any variety
of peaches not specifically named in paragraphs (a)(2), (a)(3) or
(a)(4) of this section unless:
* * * * *
(e) Container tolerances. The contents of individual packages in
the lot are subject to the following limitations, provided the averages
for the entire lot are within the tolerances specified in this part:
(1) For packages which contain more than 10 pounds, and a tolerance
of 10 percent or more is provided, individual packages shall have not
more than one and one-half times the tolerance specified. For packages
which contain more than 10 pounds and a tolerance of less than 10
percent is provided, individual packages shall have not more than
double the tolerance specified.
(2) For packages which contain 10 pounds or less, individual
packages are not restricted as to the percentage of defects.
* * * * *
Dated: September 18, 1997.
Robert C. Keeney.
Director, Fruit and Vegetable Division.
[FR Doc. 97-25410 Filed 9-26-97; 8:45 am]
BILLING CODE 3410-02-U