[Federal Register Volume 67, Number 186 (Wednesday, September 25, 2002)]
[Proposed Rules]
[Pages 60171-60184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24349]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 67, No. 186 / Wednesday, September 25, 2002 /
Proposed Rules
[[Page 60171]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. FV-00-303]
Peaches, Plums, and Nectarines; Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would revise the United States Standards
for Grades of Peaches, the United States Standards for Grades of Fresh
Plums and Prunes, and the United States Standards for Grades of
Nectarines. These standards are issued under the Agricultural Marketing
Act of 1946. The changes being proposed are based on the findings of a
California Tree Fruit Agreement (CTFA) Task Force that was formed to
review the standards and on subsequent discussions with industry. This
document also contains conforming and editorial changes.
DATES: Comments must be received by November 25, 2002.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Standardization
Section, Fresh Products Branch, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture, 1400
Independence Ave. SW, Room 2065 South Building, STOP 0240, Washington,
DC 20250; Fax (202) 720-8871, E-mail [email protected]. Comments
should make reference to the date and page number of this issue of the
Federal Register and will be made available for public inspection in
the above office during regular business hours.
FOR FURTHER INFORMATION CONTACT: David L. Priester, at the above
address or call (202) 720-2185; E-mail [email protected].
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and 12988
The Office of Management and Budget has waived the review process
required by Executive Order 12866 for this action. This rule has been
reviewed under Executive Order 12988, Civil Justice Reform. This action
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. There are no administrative
procedures which must be exhausted prior to any judicial challenge to
the provisions of the rule.
Regulatory Flexibility Act
The Agricultural Marketing Service (AMS) received a request to
update and revise the United States Standards for Grades of Peaches,
the United States Standards for Grades of Fresh Plums and Prunes, and
the United States Standards for Nectarines from the CTFA. The United
States Standards for Grades of Peaches has not had a major revision
since June 1952. There was a minor revision in 1995. The United States
Standards for Grades of Fresh Plums and Prunes were last revised in
June 1973, and the United States Standards for Grades of Nectarines
were last revised April 1966. The CTFA is an industry association
representing over 2,000 individual growers, packers and shippers. The
CTFA has requested that these standards be revised to bring them into
conformity with current packing, marketing and cultural practices. This
request also has the support of the California Plum Marketing Board,
Peach Commodity Committee, and the Nectarine Administrative Committee.
The revisions being proposed will benefit all aspects of the peach,
plum, prune, and nectarine industries making the standards current with
today's marketing trends and practices.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), 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 businesses subject to such actions in order
that small businesses will not be unduly or disproportionately
burdened. Accordingly, AMS has prepared this initial regulatory
flexibility analysis. Interested parties are invited to submit
information on the regulatory and informational impacts of this action
on small businesses.
This rule will revise the U.S. Standards for Grades of Peaches, the
U.S. Standards for Grades of Fresh Plums and Prunes and the U.S.
Standards for Grades of Nectarines that were issued under the
Agricultural Marketing Act of 1946. Standards issued under the 1946 Act
are voluntary.
There are approximately 400 handlers of peaches, plums and
nectarines and approximately 2,200 producers of these fruits in the
United States. Small agricultural service firms, which include
handlers, have been defined by the Small Business Administration (SBA)
(13 CFR 121.201) as those having annual receipts of less than
$5,000,000, and small agricultural producers are defined as those
having annual receipts of less than $750,000. The majority of these
handlers and producers may be classified as small entities.
This proposed rule would: delete the ``Unclassified'' section;
establish a 25-count minimum sample; revise standard pack and size
requirements for all three grade standards; develop en route or at
destination tolerances for grades of peaches; define damage and serious
damage by discoloration and growth cracks for grades of plums and
prunes; revise color requirements for grades of nectarines.
The effects of this rule are not expected to be disproportionately
greater or smaller for small handlers or producers than for larger
entities.
This proposed action would make the standards more consistent and
uniform with marketing trends and practices. This proposed action will
not impose any additional reporting or recordkeeping requirements on
either small or large peach, plum, prune, or nectarine producers or
handlers. USDA has not identified any Federal rules that duplicate,
overlap, or conflict with this rule. However, there are marketing
programs which regulate the handling of nectarines and peaches under 7
CFR Parts 916 and 917. Nectarines and peaches under the marketing order
have to meet certain requirements set forth in the grade standards for
nectarines and peaches.
Alternatives were considered for this action. One alternative would
be to not issue a rule. However, the need for revisions have increased
as a result of changing marketing characteristics by
[[Page 60172]]
industry, and the proposal is the result of input from all sectors of
the peach, plum, prune, and nectarine industries and government.
Further, since the purpose of these standards is to facilitate the
marketing of agricultural commodities in the U.S., not revising the
standards could result in confusion in terms of industry marketing and
the proper application of the grade standards.
Background and Proposed Rule
The United States Standards for Grades of Peaches has not had a
major revision since June 1952. There was a minor revision in 1995. The
United States Standards for Grades of Fresh Plums and Prunes were last
revised in June 1973, and the United States Standards for Grades of
Nectarines were last revised April 1966. In May 2000, AMS received a
request to update and revise the United States Standards for Grades of
Peaches, the United States Standards for Grades of Fresh Plums and
Prunes, and the United States Standards for Grades of Nectarines from
the CTFA. The CTFA is an industry association representing over 2,000
individual growers, packers and shippers. The CTFA, acting on behalf of
the California industry, formed a task force to review the U.S. grades
standards peaches, plums and prunes, and nectarines. AMS and its State
cooperator in California has been working with the CTFA in the updating
and review of the U.S. grade standards. The CTFA has requested that
these standards be revised to bring them into conformity with current
packing, marketing and cultural practices. The revisions being proposed
would benefit all aspects of the peach, plum, prune, and nectarine
industries making the standards current with today's marketing trends
and practices.
This rule proposes a number of changes in the U.S. standards. This
proposed rule would: delete the ``Unclassified'' section; establish a
25-count minimum sample; revise standard pack and size requirements for
all three grade standards; develop en route or at destination
tolerances for grades of peaches; define damage and serious damage by
discoloration and growth cracks for grades of plums and prunes; revise
color requirements for grades of nectarines. In an effort to clearly
outline these proposed changes the first column of the following chart
shows the section as it currently reads. The second column shows the
proposed change and the third column states why the change is being
proposed.
----------------------------------------------------------------------------------------------------------------
Current standard Proposed Discussion
----------------------------------------------------------------------------------------------------------------
United States Standards for Grades of Peaches
----------------------------------------------------------------------------------------------------------------
Sec. 51.1210 U.S. Fancy. Revise language and move to separate Currently the tolerances for each of
(b) In order to allow for variations Tolerance section. (See the grades are in different
incident to proper grading and ``Tolerance'' section.) sections within the standards. It
handling, not more than 10 percent, is proposed that a ``Tolerance''
by count, of the peaches in any lot section be created. This would make
may fail to meet the requirements for easier referencing and be
of this grade other than for color, consistent with other fruit and
but not more than one-half of this vegetable standards.
amount, or 5 percent, shall be
allowed for defects causing serious
damage, and not more than one-fifth
of this amount, or 1 percent, shall
be allowed for decay at shipping
point: Provided, That an additional
tolerance of 2 percent shall be for
soft, overripe, or decayed peaches
en route or at destination. In
addition, not more than 10 percent,
by count, of the peaches in any lot
may be below the specified color
requirement.
Sec. 51.1211 U.S. Extra No. 1. Revise language and move to separate Currently the tolerances for each of
(a) In order to allow for variations Tolerance section. (See the grades are in different
incident to proper grading and ``Tolerance'' section.) sections within the standards. It
handling, not more than 10 percent, is proposed that a ``Tolerance''
by count, of the peaches in any lot section be created. This would make
may fail to meet the requirements for easier referencing and be
of U.S. No. 1 grade, but not more consistent with other fruit and
than one-half of this amount, or 5 vegetable standards.
percent, shall be allowed for
defects causing serious damage, and
not more than one-fifth of this
amount, or 1 percent, shall allowed
for decay at shipping point:
Provided, That an additional
tolerance of 2 percent shall be
allowed for soft, overripe or
decayed peaches en route or at
destination. No part of any
tolerance shall be used to reduce
for the lot as a whole the 50
percent of peaches required to have
not less than one-fourth of the
surface showing blushed, pink or
red color, but individual packages
may contain not less than 40
percent of peaches having this
amount of color: Provided, That the
entire lot averages not less than
50 percent
[[Page 60173]]
Sec. 51.1212 U.S. No. 1. Revise language and move to separate Currently the tolerances for each of
(a) In order to allow for variations Tolerance section. (See the grades are in different
incident to proper grading and ``Tolerance'' section.) sections within the standards. It
handling, not more than 10 percent, is proposed that a ``Tolerance''
by count, of the peaches in any lot section be created. This would make
may fail to meet the requirements for easier referencing and be
of this grade, but not more than consistent with other fruit and
one-half of this amount, or 5 vegetable standards.
percent, shall be allowed for
defects causing serious damage, and
not more than one-fifth of this
amount, or 1 percent, shall be
allowed for decay at shipping
point: Provided, That an additional
tolerance of 2 percent shall be
allowed for soft, overripe, or
decayed peaches en route, or at
destination.
Sec. 51.1213 U.S. No. 2. Revise language and move to separate Currently the tolerances for each of
(a) In order to allow for variations Tolerance section. (See the grades are in different
incident to proper grading and ``Tollerance'' section.) sections within the standards. It
handling, not more than 10 percent, is proposed that a ``Tolerance''
by count, of the peaches in any lot section be created. This would make
may fail to meet the requirements for easier referencing and be
of this grade, but not more than consistent with other fruit and
one-tenth of this amount, or 1 vegetable standards.
percent, shall be allowed for decay
at shipping point: Provided, That
an additional tolerance of 2
percent shall be allowed for soft,
overripe, or decayed peaches en
route or at destination.
Unclassified Delete the title ``Unclassified'' When changing or updating standards
Sec. 51.1214 Unclassified. and all reference to unclassified. in recent years, references to
``Unclassified'' consists of peaches Revise section to read as follow: ``Unclassified'' have been removed
which have not been classified in Sec. 51.1214 Tolerances. in an attempt to eliminate the
accordance with any of the In order to allow for variations confusion this term creates. People
foregoing grades. The term incident to proper grading and have incorrectly assumed that
``unclassified'' is not a grade handling in each of the foregoing ``Unclassified'' is an actual grade
within the meaning of these grades, the following tolerances, name; it is not. To avoid further
standards but is provided as a by count, based on a minimum 25 confusion, it is proposed that all
designation to show that no count sample, are provided as references to this term be
definite grade has been applied to specified: (a) U.S. Fancy, U.S. eliminated.
the lot. Extra No. 1, and U.S. No. 1 grades. Section 51.1214 is redesignated as
(1) For defects at shipping point. the tolerance section. As
10 percent of the peaches in any previously stated, creating a
lot may fail to meet the ``Tolerance'' section makes
requirements of the specified referencing easier. Instead of
grade: Provided, That included in providing tolerances in several
this amount, 5 percent shall be different sections within the
allowed for defects causing serious standards, consolidating the
damage, including in this latter tolerances into one section is
amount not more than 1 percent for proposed. The proposed addition of
peaches which are affected by the phrase ``a minimum 25 count
decay. sample'' establishes a basis for
(2) For defects en route or at sampling uniformity. Also, the
destination. 14 percent for peaches proposed establishment of an ``En
in any lot that fail to meet the Route or At Destination'' tolerance
requirements of the grade: will be consistent with similar
Provided, That included in this standards.
amount not more than the following
percentages shall be allowed for
defects listed:
(i) 10 percent for permanent
defects;
(ii) 7 percent for defects causing
serious damage, included therein
not more than 5 percent for serious
damage by permanent defects, and
not more than 2 percent for soft,
overripe, or decayed peaches.
(3) For color. (i) U.S. Fancy grade.
10 percent for peaches in any lot
which fails to meet the
requirements of the grade. (ii)
U.S. Extra No. 1 grade. Individual
packages may contain not less than
40 percent of peaches which meet
the requirements of the grade:
Provided, That the entire lot
averages not less than 50 percent.
(b) U.S. No. 2 grade. (1) For
defects at shipping point. 10
percent of the peaches in any lot
may fail to meet the requirements
of this grade: Provided, That
included in this amount not more
than 1 percent for peaches which
are affected by decay.
[[Page 60174]]
(2) For defects en route or at
destination. 14 percent for peaches
in any lot that fail to meet the
requirements of the grade.
Provided, That included in this
amount not more than the following
percentages shall be allowed for
defects listed:
(i) 10 percent for permanent
defects;
(ii) 2 percent for peaches which are
affected by soft, overripe, or
decay.
Sec. 51.1216 Size requirements. Sec. 51.1216 Size requirements. Adding ``or a count-size based on
(a) The numerical count or the (a) The numerical count or a count- equivalent tray size designations''
minimum diameter of the peaches size based on equivalent tray pack is proposed to reflect current
packed in a closed container shall size designations or the minimum packaging practices.
be indicated on the container. diameter of the peaches packed in a
closed container shall be indicated
on the container.
Sec. 51.1217 Standard pack. No change. Industry requested ``well filled''
(c) Peaches packed in standard be defined here as well as in
western boxes shall be reasonably paragraph ``(g)'' of this section.
uniform in size and arranged in the We propose adding this definition
packages according to the approved as a separate paragraph ``(i)'' for
and recognized methods. Each easier referencing. Also, this
wrapped peach shall be fairly well would enable the definition to be
enclosed by its individual wrapper. stated once which is consistent
All packages shall be well filled with other definitions in the
and tightly packed but the contents standards.
shall not show excessive or
unnecessary bruising because of
over-filled packages. The number of
peaches in the box shall not vary
more than 4 from the number
indicated on the box.
(g) In order to allow for variations (g) Peaches packed in loose or Adding reference to ``loose'' and
incident to proper packing, not volume filled boxes shall be ``volume'' filled packs to reflect
more than 10 percent of the uniform in size and well filled. industry's current packaging
packages in any lot may not meet practices is proposed. Due to this
these requirements. addition paragraph ``(g)'' is
redesignated as paragraph ``(h).''
As previously stated, industry
requested ``well filled'' be
defined here and in paragraph
``(c)'' of this section. We propose
adding this definition as a
separate paragraph ``(i)'' for
easier referencing. Also, this
would enable the definitions to be
stated once which is consistent
with other definition in the
standards.
(h) In order to allow for variations As previously stated, paragraph
incident to proper packing, not ``(g)'' is being redesignated as
more than 10 percent of the paragraph ``(h)'' due to the
packages in any lot may not meet additional type of package being
these requirements. added to this section.
(i) ``Well filled'' means that the Industry has requested a definition
peaches are packed within 1 inch for ``well filled'' be added to the
from the top of the container. standard after the term well filled
in Sec. 51.1215 ``(c) and
``(g).'' We propose adding this
definition as a separate paragraph
``(i)'' for easier referencing.
Also, this would enable the
definition to be stated once which
is consistent with other
definitions within the standards.
-------------------------------------
United States Standards for Grades of Fresh Plums and Prunes
----------------------------------------------------------------------------------------------------------------
Sec. 51.1524 Unclassified. Sec. 51.1524 (Reserved). When changing or updating standards
``Unclassified'' consists of plums in recent years, references to
or prunes which have not been ``Unclassified'' have been removed
classified in accordance with any in an attempt to eliminate the
of the foregoing grades. The term confusion this term creates. People
``unclassified'' is not a grade have incorrectly assumed that
within the meaning of these ``Unclassified'' is an actual grade
standards but is provided as a name; it is not. To avoid further
designation to show that no grade confusion, it is proposed that all
has been applied to the lot. references to this term be
eliminated.
Sec. 51.1525 Tolerances. Sec. 51.1525 Tolerances. The proposed addition of the phrase
In order to allow for variations In order to allow for variations ``a minimum 25 count sample''
incident to proper grading and incident to proper grading and establishes a basis for sampling
handling in each of the foregoing handling in each of the foregoing uniformity.
grades, the following tolerances, grades, the following tolerances,
by count, are provided as by count, based on a minimum 25
specified: count sample, are provided as
specified:
[[Page 60175]]
Sec. 51.1527 Standard pack. (a) No change. Industry has requested a definition
Packing. for ``well filled'' be added to
(1) All packages shall be tightly this paragraph, however we propose
packed or well filled, according to adding this definition as a
the approved and recognized separate paragraph ``(3)'' for
methods. easier referencing. Also, this is
consistent with the way in which
other definitions are stated in the
standards.
(a)(3) Four-basket crates. Four- (3) ``Well filed'' means that the Deleting reference to ``four basket
basket crates shall not be packed plums or prunes are packed within 1 creates'' is proposed as this type
more than three layers deep. inch from the top of the container. of pack is no longer used by
industry. Industry has requested a
definition for ``well filled'' be
added to paragraph (1) of this
section. We propose redesignating
(3) for defining ``well filled.''
This is consistent with other
definitions in the standards as
they are stated separately and it
also makes for easier referencing.
(3)(i) The arrangement of the bottom Delete. This deletion is proposed as this
layer shall be one row less one type of pack is no longer being
way, and may be one row less each used by industry.
way than the arrangement of the top
layer; the arrangement of the
middle layer may be the same as the
top layer, or may be one row less
one way than the arrangement of the
top layer.
(ii) In the 3\1/2\--4x5 and 3\1/2\-- Delete. This deletion is proposed as this
4x4 packs the face of each half of type of pack is no longer being
the crate shall be packed as a used by industry.
unit, with not shim between the two
baskets.
(4) ``Tightly packed'' means the The industry has requested that a
plums or prunes are the proper size definition for ``well filled'' be
for the mold or cell compartments added to the standards. We propose
in which they are packed, and the also adding a definition for
molds or cells are filed in such a ``tightly packed'' because of the
way that movement is not allowed. option given in Section Sec.
51.1567(a)(1) of ``tightly packed
or well filled.''
(b) Marking. (1) The size of plums (b) Marking. (1) The size of plums Deleting reference to ``four basket
or prunes shall be marked on each or prunes shall be marked on each crates'' is proposed as this type
package, and shall be indicated in package, and shall be indicated in of pack is no longer used by
terms of minimum diameter, or terms of minimum diameter, or industry. The adding of a reference
number of fruits per package, or in number of fruit per package, or in to counter-size designation
accordance with the arrangement of accordance with the arrangement of markings is proposed to reflect
the top layer of fruit in the the top layer of fruit in the current packaging practices.
package or subcontainer, or in package or subcontainer. Size may
terms of the four-basket crate also be shown in terms of maximum
designation for fruit of equivalent number of fruit for a specified
sizes. Size may also be shown in weight, such as ``8 per pound,''
terms of maximum number of fruit ``6.4 per pound'' or ``7\2/3\ per
for a specified weight, such as ``8 pound'' or by a count-size
per pound,'' ``6.4 per pound'' or designation based on the number of
``7\2/3\ per pound.'' fruits contained in a 10 pound
sample with the designation rounded
to an applicable number which is
divisible by 5 (example: 40 size,
45 size, 50 size, 55 size, etc.).
(i) Four-basket crates. The size of (i) California peach boxes, lug Deletion of information concerning
plums packed in four-basket crates boxes and small consumer packages. ``four-basket crates'' is proposed
shall be indicated in accordance In layer-packed California peach as this type of pack is no longer
with the arrangement in the top boxes or lug boxes, and in small used by industry. Due to this
layer of the baskets, as follows: layer packed consumer packages, the deletion, paragraph ``(ii)'' would
6x6, 5x5, or 4x4 (square packs); count of the entire contents shall be redesignated as ``(i).''
5x6, 4x5, or 3x4, (offset packs); be marked on the package. The Additionally, adding ``layer
3\1/2\-- 4x5, 3--4x5, 3\1/2\--4x4, number of plums or prunes in packed'' and marking instructions
or 3--4x4 (diagonal packs). California peach boxes or lug boxes for loose filled consumer packages
shall not vary more than 4 from the is proposed as it reflects current
number indicated on the package. marketing and packing practices.
Loose filled consumer packs not in
a master container shall have a
count-size marked on the package or
on a tag closure. Master containers
of loose filled consumer packages
shall have a count-size marked on
the package describing the size of
plums or prunes within the
container.
(ii) California peach boxes, lug (ii) Face and fill packs in cartons Due to the redesignating of
boxes and small consumer packages. and lug boxes. In face and fill paragraph ``9ii)'' paragraph
In layer-packed California peach packs in cartons and lug boxes the ``(iii)'' would be redesignated as
boxes or lug boxes, and in small number of rows in the face shall be ``(ii).''
consumer packages, the count of the marked on the package, as ``6
entire contents shall be marked on row,'' ``8 row,'' etc.
the package. The number of plums or
prunes in California peach boxes or
lug boxes shall not vary more than
4 from the number indicated on the
package.
[[Page 60176]]
(iii) Face and fill packs in cartons .................................... There would be no paragraph
and lug boxes. In face and fill ``(iii)'' due to the redesignation
packs in cartons and lug boxes the of preceding paragraphs.
number of rows in the face shall be
marked on the package, as ``6
row,'' ``8 row,'' etc.
(c) Sizing. (1) Not more than 5 (c) Sizing. (1) Not more than 5 Industry has requested the addition
percent, by count, of the plums or percent, by count, of the plums or of a three-eights inch variance for
prunes in any package may vary more prunes in any package may vary more plums and prunes 2\1/4\ inch in
than one-fourth inch in diameter. than one-fourth inch in diameter, diameter or larger.
except that not more than 5
percent, by count, of the plums or
prunes 2\1/4\ inches or larger in
diameter and packed in loose or
volume filled containers may vary
more than three-eights inch in
diameter.
Sec. 51.1532 Damage (c) (6) When extending from within Currently there is no specific
to outside the stem cavity, when guideline for growth cracks
more than three-eights inch in occurring in this manner. Adding
length if the major portion of the specific scoring criteria would
crack is within the stem cavity or provide an objective means of
when more than one-fourth inch in evaluating this defect.
length if the major portion of the
crack is outside the stem cavity;
(e) Scab or bacterial spot when (e) Scab or bacterial spot when This deletion is proposed as this
cracked, or when the aggregate area cracked, or when the aggregate area type of pack is no longer being
exceeds that of a circle one-fourth exceeds that of a circle one-fourth used by industry.
inch in diameter or a fruit 2 inch in diameter on a fruit 2
inches in diameter or 4x4 size, or inches in diameter or smaller; or
smaller; or when the aggregate area when the aggregate area exceeds
exceeds that of a circle three- that of a circle three-eighths inch
eights inch in diameter on a fruit in diameter on a fruit larger than
larger than 2 inches in diameter or 2 inches in diameter;
4 x 4 size;
(h)(1) Dark or rough scars when the (h) (1) Dark or rough scars when the This deletion is proposed as this
area exceeds that of a circle one- area exceeds that of a circle one- type of pack is no longer being
fourth inch in diameter on a fruit fourth inch in diameter on a fruit used by industry.
2 inches in diameter or 4x4 size or 2 inches in diameter or smaller; or
smaller; or when the area exceeds when the area exceeds that of a
that of a circle three-eighths inch circle three-eighths inch in
in diameter on a fruit larger than diameter on a fruit larger than 2
2 inches in diameter or 4x4 size; inches in diameter;
(2) Fairly light colored, fairly (2) Fairly light colored, fairly This deletion is proposed as this
smooth scars when, in the case of smooth scars when, in the case of type of pack is no longer being
Italian type prunes, the area Italian type prunes, the area used by industry.
exceeds that of a circle one-half exceeds that of a circle one-half
inch in diameter; or when, in the inch in diameter; or when, in the
case of other types of plums, the case of other types of plums, the
area exceeds that of a circle one- area exceeds that of a circle one-
half inch in diameter on a fruit 2 half inch in diameter on a fruit 2
inches in diameter or 4x4 size, or inches in diameter or smaller; or
smaller; or when the area exceeds when the area exceeds that of a
that of a circle five-eighths inch circle five-eighths inch in
in diameter on a fruit larger than diameter on a fruit larger than 2
2 inches in diameter or 4x4 size. inches in diameter.
(3) Light colored, smooth scars (3) Light colored, smooth scars This deletion is proposed as this
when, in the case of Italian type when, in the case of Italian type type of pack is no longer being
prunes, the area exceeds one- prunes, the area exceeds one- used by industry.
twelfth of the fruit surface; or twelfth of the fruit surface; or
when, in the case of other types of when, in the case of other types of
plums, the area exceeds that of a plums, the area exceeds that of a
circle three-fourths inch in circle three-fourths inch in
diameter on a fruit 2 inches in diameter on a fruit 2 inches in
diameter or 4x4 size, or smaller; diameter or smaller; or when the
or when the area exceeds that of a area exceeds that of a circle seven-
circle seven-eighths inch in eighths inch in diameter on a fruit
diameter on a fruit larger than 2 larger than 2 inches in diameter;
inches in diameter or 4x4 size;
(i)(1) Rough russeting when the area (i)(1) Rough russeting when the area This deletion is proposed as this
exceeds that a circle one-fourth exceeds that of a circle one-fourth type of pack is no longer being
inch in diameter on a fruit 2 inch in diameter on a fruit 2 used by industry.
inches in diameter or 4x4 size, or inches in diameter or smaller; or
smaller; or when the area exceeds when the area exceeds that of a
that of a circle one-half inch in circle one-half inch in diameter on
diameter on a fruit larger than 2 a fruit larger than 2 inches in
inches in diameter or 4x4 size; diameter;
(2) Slightly rough russeting when, (2) Slightly rough russeting when, This deletion is proposed as this
in the case of Italian type prunes, in the case of Italian type prunes, type of pack is no longer being
the area exceeds one-twelfth of the the area exceeds one-twelfth of the used by industry.
fruit surface; or when, in the case fruit surface; or when, in the case
of other types of plums, the area of other types of plums, the area
exceeds that of a circle five- exceeds that of a circle five-
eighths inch in diameter on a fruit eighths inch in diameter on a fruit
2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or
or smaller; or when the area when the area exceeds that of a
exceeds that of a circle three- circle three-fourths inch in
fourths inch in diameter on a fruit diameter on a fruit larger than 2
larger than 2 inches in diameter or inches in diameter;
4x4 size;
[[Page 60177]]
(3) Fairly smooth or smooth (3) Fairly smooth or smooth This deletion is proposed as this
russeting when, in the case of russeting when, in the case of type of pack is no longer being
Italian type prunes, the area Italian type prunes, the area used by industry.
exceeds one-twelfth of the fruit exceeds one-twelfth of the fruit
surface; or when, in the case of surface; or when, in the case of
other types of plums the area other types of plums the area
exceeds that of a circle three- exceeds that of a circle three-
fourths inch in diameter on a fruit fourths inch in diameter on a fruit
2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or
or smaller; or when the area when the area exceeds that of a
exceeds that of a circle 1 inch in circle 1 inch in diameter on a
diameter on a fruit larger than 2 fruit larger than 2 inches in
inches in diameter or 4x4 size. diameter;
(j) Discoloration when greenish to This defect is currently being
brown definitely contrasting with scored based on the ``general
the normal surface color of the definition.'' Adding specific
fruit and affecting more than 10 scoring criteria would provide an
percent of the surface. objective means of evaluating this
defect.
Sec. 51.1536 Serious damage. (c)(5) When extending from within to Currently there is no specific
outside the stem cavity, when guideline for growth cracks
healed and aggregating more than occurring in this manner. Adding
five-eighths inch in length if the specific scoring criteria would
major portion of the crack is provide an objective means of
within the stem cavity or when evaluating this defect.
healed and aggregating more than
one-half inch in length if the
major portion of the crack is
outside the cavity;
(e) Scab or bacterial spot, when the (e) Scab or bacterial spot, when the This deletion is proposed as this
aggregate area exceeds that of a aggregate area exceeds that of a type of pack is no longer being
circle one-half inch in diameter on circle one-half inch in diameter on used by industry.
a fruit 2 inches in diameter or 4x4 a fruit 2 inches in diameter or
size, or smaller; or when the smaller; or when the aggregate area
aggregate area exceeds that of a exceeds that of a circle three-
circle three-fourths inch in fourths inch in diameter on a fruit
diameter on a fruit larger than 2 larger than 2 inches in diameter;
inches in diameter or 4x4 size;
(h)(1) Dark or rough scars or rough (h)(1) Dark or rough scars or rough This deletion is proposed as this
russeting when the area exceeds russeting when the area exceeds type of pack is no longer being
that of a circle three-fourths inch that of a circle three-fourths inch used by industry.
in diameter on a fruit 2 inches in in diameter on a fruit 2 inches in
diameter or 4x4 size, or smaller; diameter or smaller; or when the
or when the area exceeds that of a area exceeds that of a circle one
circle one inch in diameter on a inch in diameter on a fruit larger
fruit larger than 2 inches in than 2 inches in diameter;
diameter or 4x4 size;
(l) Discoloration when greenish to This defect is currently being
brown definitely contrasting with scored based on the ``general
the normal surface color of the definition.'' adding specific
fruit and affecting more than 25 scoring criteria would provide an
percent of the surface. objective means of evaluating this
defect.
-------------------------------------
United States Standards for Grades of Nectarines
----------------------------------------------------------------------------------------------------------------
Sec. 51.3145 U.S. Fancy. (a) Each nectarine shall have not Deleting reference to the John
(a) In the case of the John Rivers less than one-third of its surface Rivers variety is proposed as it is
variety each nectarine shall show showing red color characteristic of no longer of commercial importance.
some blushed or red color. In the the variety. (See Sec. 51.3150.)
case of other varieties each
nectarine shall have not less than
one-third of its surface showing
red color characteristic of the
variety. (See Sec. 51.3150.)
Sec. 51.3146 U.S. Extra No. 1. (a) At least 75 percent of the Deleting reference to the John
(a) In the case of the John Rivers nectarines in any lot shall show Rivers variety is proposed as it is
variety at lease 50 percent of the some blushed or red color including no longer of commercial importance.
nectarine in any lot shall show therein at least 50 percent of the
some blushed or red color. In the nectarines with no less than one-
case of other varieties at least 75 third of the fruit surface showing
percent of the nectarines in any red color characteristic of
lot shall show some blushed or red variety. (See Sec. 51.3150.)
color including therein at least 50
percent of the nectarines with not
less than one-third of the fruit
surface showing red color
characteristic of the variety. (See
Sec. 51.3150.)
Sec. 51.3147 U.S. No. 1. Delete. Delete paragraph ``(a)'' containing
(a) At least 75 percent of the color requirements is proposed as
nectarines in any lot shall show many new varieties do not show a
some blushed or red color, except red blush color. This deletion
that there are no color would allow varieties of this type
requirements for nectarines of the to meet the requirements of U.S.
John Rivers variety in this grade. No. 1 grade. Also, deleting
(See Sec. 51.3150.) reference to the John Rivers
variety is proposed as it is no
longer of commercial importance.
[[Page 60178]]
Sec. 51.3148 U.S. No. 2. Delete. U.S. standards typically state that
(a) There are no color requirements is required opposed to what is
for nectarines in this grade. (See ``not'' a requirement of the grade.
Sec. 51.3150.) If there are no color requirements
stated then it is assumed there are
no color requirements.
Sec. 51.3149 Unclassified. Sec. 51.3149 (Reserved) When changing or updating standards
``Unclassified'' consists of in recent years, references to
nectarines which have not been ``Unclassified'' have been removed
classified in accordance with any in an attempt to eliminate the
of the foregoing grades. The term confusion this term creates. People
``unclassified'' is not a grade have incorrectly assumed that
within the meaning of these ``Unclassified'' is an actual grade
standards but is provided as a name; it is not. To avoid further
designation to show that no grade confusion, it is proposed that all
has been applied to the lot. references to this term be
eliminated.
Sec. 51.3150 Tolerances. Sec. 51.3150 Tolerances. In order The proposed addition of the phrase
In order to allow for variations to allow for variations incident to ``a minimum 25 count sample''
incident to proper grading and proper grading and handling in each establishes a basis for sampling
handling in each of the foregoing of the foregoing grades, the uniformity.
grades, the following tolerances, following tolerances, by count,
by count, are provided as based on a minimum 25 count sample,
specified: are provided as specified:
(3)(ii) U.S. Extra No. 1 grade and (3)(ii) U.S. Extra No. 1 grade and U.S. No. 1 would be eliminated from
U.S. No. 1 grade. Individual when specified in connection with a the heading since deleting the
containers may contain not more grade. Individual containers may color requirements for the U.S. No.
than 10 percentage points less than contain not more than 10 percentage 1 grade would eliminate the need
the required percentage of points less than the required for a color tolerance for the
nectarines showing the amount of percentage of nectarines showing grade. However, a qualifying
color specified for the respective the amount of color specified for statement would be added for
grade: Provided, That the entire the grade: Provided, That the instances in which a color is
lot averages not less than the entire lot averages not less than specified in connection with a
required percentage of nectarines the required percentage of grade.
showing the specified color for the nectaries showing the specified
grade. color for the grade.
Sec. 51.3152 Standard pack. Sec. 51.3152 Standard pack. The deleting of reference to
(a) Nectarines shall be fairly (a) Nectarines shall be fairly ``basket'' is proposed as this type
uniform in size and shall be packed uniform in size and shall be packed of pack is no longer used by
in boxes, lugs, crates, cartons, or in boxes, lugs, crates, or cartons industry. Also deleting the
baskets and arranged according to and arranged according to the reference to ``wrapped fruit'' is
the approved and recognized approved and recognized methods. proposed because typically industry
methods. All such containers shall All such containers shall be no longer packs fruit in this
be tightly packed and well filled tightly packed and well filled but manner. Industry has requested a
but the contents shall not show the contents shall not show definition for ``well filled'' be
excessive or unnecessary bruising excessive or unnecessary bruising added to this paragraph, however we
resulting from overfilling. The resulting from overfilling. The propose adding this definition as a
nectarines in the shown face shall nectarines in the shown face shall separate paragraph for easier
be reasonably representative in be reasonably representative in referencing. Additionally, this is
size, color and quality of the size, color and quality of the consistent with the way in which
contents of the container. Each contents of the container. other definitions are stated in the
wrapped fruit shall be fairly well standards.
enclosed by its individual wrapper.
(b) When packed in closed (b) When packed in closed Adding ``or a count-size based on
containers, the size shall be containers, the size shall be equivalent tray size designations''
indicated by marking the container indicated by marking the container is proposed to reflect current
with the numerical count, the pack with the numerical count, the pack packaging practices.
arrangement, or the minimum arrangement, or the minimum
diameter or minimum and maximum diameter or minimum and maximum
diameters in terms of inches and diameters in terms of inches and
not less than one-eighth fractions not less than one-eighth fractions
of inches. of inches, or a count-size based on
equivalent tray pack size
designations.
(d) Four-basket crates: (d) ``Well filled'' means that the The deletion of ``Four-basket
nectarines are packed within 1 inch crates'' is proposed as this type
from the top of the container. of pack is no longer used by
industry. Industry has requested a
definition for well filled be added
to paragraph ``(a)'' of this
section. We propose redesignating
``(d)'' for defining well filled.
This is consistent with other
definitions in the standard as they
are stated separately and it also
makes for easier referencing.
(1) The size of nectarines packed in Delete. This deletion is proposed as this
four-basket crates shall be type of pack is no longer being
indicated as follows: 3x4, 3--4x4, used by industry.
3-4x5, 4x4, etc., in accordance
with the arrangement in the top
layer of the basket. These packs
shall not be more than three layers
deep.
[[Page 60179]]
(2) The arrangement of the bottom Delete. This deletion is proposed as this
layer shall be one row less one type of pack is no longer being
way, and may be one row less each used by industry.
way, than the arrangement of the
top layer. The arrangement of the
middle layer may be the same as the
top layer or may be one row less
one way than the arrangement of the
top layer. Straight, offset, and
diagonal packs in the layers are
permitted.
(e) Baskets: Nectarines packed in (e) ``Fairly uniform in size'' means This deletion is proposed as this
U.S. standard half-bushel baskets that when the average diameter of type of pack is no longer being
shall be ring faced and tightly nectarines in any container is 2 used by industry. Due to this
packed with sufficient bulge to inches or smaller not more than 5 deletion paragraph ``(f)'' would be
prevent any appreciable movement of percent, by count, of the redesignated as paragraph ``(e).''
the nectarines within the baskets nectarines in the container shall
when lidded. be outside a diameter range of one-
fourth inch; when the average
diameter of nectarines in any
container is over 2 inches not more
than 5 percent, by count, of the
nectarines in the container shall
be outside a diameter range of
three-eighths inch.
(f) ``Fairly uniform in size'' means (f) Minimum size: When size is Due to the redesignation of
that when the average diameter of indicated in terms of minimum paragraph ``(f)'' paragraph ``(g)''
nectarines in any container is 2 diameter not more than 5 percent, would be redesignated as ``(f).''
inches or smaller not more than 5 by count, of the fruit in any
percent, by count, of the container may be smaller than the
nectarines in the container shall size marked.
be outside a diameter range of one-
fourth inch; when the average
diameter of nectarines in any
container is over 2 inches not more
than 5 percent, by count, of the
nectarines in the container shall
be outside a diameter range of
three-eighths inch.
(g) Minimum size: When size is (g) ``Diameter'' means the greatest Due to the redesignation of
indicated in terms of minimum dimension measured at right angles paragraph ``(g),'' paragraph
diameter not more than 5 percent, to a line from stem to blossom end ``(h)'' would be redesignated as
by count, of the fruit in any of the fruit. ``(g).''
container may be smaller than the
size marked.
(h) ``Diameter'' means the greatest (h) Tolerances. In order to allow Due to the redesignation of
dimension measured at right angles for variations incident to proper paragraph ``(h),'' paragraph
to a line from stem to blossom end sizing and packing, not more than ``(i)'' would be redesignated as
of the fruits. 10 percent, by count, of the ``(h).''
containers in any lot may fail to
meet the requirements for standard
pack.
(i) Tolerances. In order to allow .................................... There would be no paragraph ``(i)''
for variations incident to proper due to redesignation of preceding
sizing and packing, not more than paragraphs.
10 percent, by count, of the
containers in any lot may fail to
meet the requirements for standard
pack.
Sec. 51.3156 Injury. (c) Scab or (c) Scab or bacterial spot when This deletion is proposed as this
bacterial spot when cracked, or cracked, or when the aggregate area type of pack is no longer being
when the aggregate area exceeds exceeds that of a circle one-eighth used by industry.
that of a circle one-eighth inch in inch in diameter on a fruit 2
diameter on a fruit 2 inches in inches in diameter or smaller; or
diameter or 4x4 size, or smaller; when the aggregate area exceeds
or when the aggregate area exceeds that of a circle one-fourth inch in
that of a circle one-fourth inch in diameter on a fruit larger than 2
diameter on a fruit larger than 2 inches in diameter;
inches in diameter or 4x4 size;
(g)(1) Light colored; smooth scars (g)(1) Light colored, smooth scars This deletion is proposed as this
when the area exceeds that of a when the area exceeds that of a type of pack is no longer being
circle one-fourth inch in diameter circle one-fourth inch in diameter used by industry.
on a fruit 2 inches in diameter or on a fruit 2 inches in diameter or
4x4 size, or smaller; or when the smaller; or when the area exceeds
area exceeds that of a circle one- that of a circle one-half inch in
half inch in diameter on a fruit diameter on a fruit larger than 2
larger than 2 inches in diameter or inches in diameter;
4x4 size;
(h)(1) Rough or slightly rough (h)(1) Rough or slightly rough This deletion is proposed as this
russeting when the area exceeds russeting when the area exceeds type of pack is no longer being
that of a circle one-eighth inch in that of a circle one-eighth inch in used by industry.
diameter on a fruit 2 inches in diameter on a fruit 2 inches in
diameter or 4x4 size, or smaller; diameter or smaller; or when the
or when the area exceeds that of a area exceeds that of a circle one-
circle one-fourth inch in diameter fourth inch in diameter on a fruit
on a fruit larger than 2 inches in larger than 2 inches in diameter;
diameter or 4x4 size
[[Page 60180]]
Sec. 1.3157 Damage. (c) Scab or (c) Scab or bacterial spot when This deletion is proposed as this
bacterial spot when cracked, or cracked, or when the aggregate area type of pack is no longer being
when the aggregate area exceeds exceeds that of a circle one-fourth used by industry.
that of a circle one-fourth inch in inch in diameter on a fruit 2
diameter on a fruit 2 inches in inches in diameter or smaller; or
diameter or 4x4 size, or smaller; when the aggregate area exceeds
or when the aggregate area exceeds that of a circle three-eighths inch
that of a circle three-eighths inch in diameter on a fruit larger than
in diameter on a fruit larger than 2 inches in diameter;
2 inches in diameter or 4x4 size;
(f)(1) Dark or rough scars when the (f)(1) Dark or rough scars when the This deletion is proposed as this
area exceeds that of a circle one- area exceeds that of a circle one- type of pack is no longer being
fourth inch in diameter on a fruit fourth inch in diameter on a fruit used by industry.
2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or
or smaller; or when the aggregate when the aggregate area exceeds
area exceeds that of a circle three- that of circle three-eighths inch
eighths inch in diameter on a fruit in diameter on a fruit larger than
larger than 2 inches in diameter or 2 inches in diameter;
4x4 size;
(2) Fairly light colored, fairly (2) Fairly light colored, fairly This deletion is proposed as this
smooth scars when the area exceeds smooth scars when the area exceeds type of pack is no longer being
that of a circle one-half inch in that of a circle one-half inch in used by industry.
diameter on a fruit 2 inches in diameter on a fruit 2 inches in
diameter or 4x4 size, or smaller; diameter or smaller; or when the
when the area exceeds that of a area exceeds that of a circle five-
circle five-eighths inch in eighths inch in diameter on a fruit
diameter on a fruit larger than 2 larger than 2 inches in diameter;
inches in diameter or 4x4 size;
(3) Light colored, smooth scars when (3) Light colored, smooth scars when This deletion is proposed as this
the area exceeds that of a circle the area exceeds that of a circle type of pack is no longer being
three-fourths inch in diameter on a three-fourths inch in diameter on a used by industry.
fruit 2 inches in diameter or 4x4 fruit 2 inches in diameter or
size, or smaller; or when the area smaller; or when the area exceeds
exceeds that of a circle seven- that of a circle seven-eighths inch
eighths inch in diameter on a fruit in diameter on a fruit larger than
larger than 2 inches in diameter or 2 inches in diameter;
4x4 size;
(g)(1) Rough russeting when the area (g)(1) Rough russeting when the area This deletion is proposed as this
exceeds that of a circle one-fourth exceeds that of a circle one-fourth type of pack is no longer being
inch in diameter on a fruit 2 inch in diameter on a fruit 2 used by industry.
inches in diameter or 4x4 size, or inches in diameter or smaller; or
smaller; or when the area exceeds when the area exceeds that of a
that of a circle one-half inch in circle one-half inch in diameter on
diameter on a fruit larger than 2 a fruit larger than 2 inches in
inches in diameter or 4x4 size; diameter;
(2) Slightly rough russeting when (2) Slightly rough russeting when This deletion is proposed as this
the area exceeds that of a circle the area exceeds that of a circle type of pack is no longer being
five-eighths inch in diameter on a five-eighths inch in diameter on a used by industry.
fruit 2 inches in diameter or 4x4 fruit 2 inches in diameter or
size, or smaller; or when the area smaller; or when the area exceeds
exceeds that of a circle three- that of a circle three-fourths inch
fourths inch in diameter on a fruit in diameter on a fruit larger than
larger than 2 inches in diameter or 2 inches in diameter;
4x4 size;
(3) Fairly smooth or smooth (3) Fairly smooth or smooth This deletion is proposed as these
russeting when the area exceeds 25 russeting when the area exceeds 15 varieties are no longer of
percent of the fruit surface of percent of the fruit surface: commercial importance.
Freedom, Early LeGrand, and Quetta Provided, That discoloration
varieties and 15 percent of the occurring as yellow to brown
fruit surface of other varieties: staining of the skin shall not be
Provided, That discoloration considered as russeting and shall
occurring as yellow to brown be considered as causing damage
staining of the skin shall not be only when materially detracting
considered as russeting and shall from the appearance of the
be considered as causing damage nectarine, and that speckling
only when materially detracting characteristic of certain varieties
from the appearance of the shall not be considered as
nectarine, and that speckling russeting or discoloration.
characteristic of certain varieties
shall not be considered as
russeting or discoloration.
Sec. 51.3159 Serious damage. (c) (c) Scab or bacterial spot when the This deletion is proposed as this
Scab or bacterial spot when the aggregate area exceeds that of a type of pack is no longer being
aggregate area exceeds that of a circle one-half inch in diameter or used by industry.
circle one-half inch in diameter on smaller; or when the aggregate area
a fruit 2 inches in diameter or 4x4 exceeds that of a circle three-
size, or smaller; or when the fourths inch in diameter on a fruit
aggregate area exceeds that of a larger than 2 inches in diameter;
circle three-fourths inch in
diameter on a fruit larger than 2
inches in diameter or 4x4 size;
(g)(1) Dark or rough scars when the (g)(1) Dark or rough scars when the This deletion is proposed as this
area exceeds that of a circle three- area exceeds that of a circle three- type of pack is no longer being
fourths inch in diameter on a fruit fourths inch in diameter on a fruit used by industry.
2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or
or smaller; or when the area when the area exceeds that of a
exceeds that of a circle one inch circle one inch in diameter on
in diameter on fruit larger than 2 fruit larger than 2 inches in
inches in diameter or 4x4 size; diameter;
----------------------------------------------------------------------------------------------------------------
Accordingly, AMS proposes to amend the United States Standards for
Grades of Peaches, the United States Standards for Grades of Fresh
Plums and Prunes, and the United States Standards for Grades of
Nectarines.
[[Page 60181]]
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Trees, Vegetables.
PART 51--[AMENDED]
For reasons set forth in the preamble, it is proposed that 7 CFR
part 51 be amended as follows:
1. The authority citation for 7 CFR part 51 continues to read as
follows:
Authority: 7 U.S.C. 1622, 1624.
2. In part 51, Sec. Sec. 51.1210, 51.1211, 51.1212, 51.1213,
51.1214, 51.1216 and 51.1217 are revised to read as follows:
Subpart--United States Standards for Peaches
Sec. 51.1210 U.S. Fancy.
``U.S. Fancy'' consists of peaches of one variety which are mature
but not soft or overripe, well formed and which are free from decay,
bacterial spot, cuts which are not healed, growth cracks, hail injury,
scab, scale, split pits, worms, worm holes, leaf or limb rub injury;
and free from damage caused by bruises, dirt or other foreign material,
other disease, insects or mechanical or other means. In addition to the
above requirements, each peach shall have not less than one-third of
its surface showing blushed, pink or red color.
Sec. 51.1211 U.S. Extra No. 1.
Any lot of peaches may be designated ``U.S. Extra No. 1'' when the
peaches meet the requirements of U.S. No. 1 grade: Provided, That in
addition to these requirements, 50 percent, by count, of the peaches in
any lot shall have not less than one-fourth of the surface showing
blushed, pink or red color.
Sec. 51.1212 U.S. No. 1.
``U.S. No. 1'' consists of peaches of one variety which are mature
but not soft or overripe, well formed, and which are free from decay,
growth cracks, cuts which are not healed, worms, worm holes, and free
from damage caused by bruises, dirt, or other foreign material,
bacterial spot, scab, scale, hail injury, leaf or limb rubs, split
pits, other disease, insects or mechanical or other means.
Sec. 51.1213 U.S. No. 2.
``U.S. No. 2'' consists of peaches of one variety which are mature
but not soft or overripe, not badly misshapen, and which are free from
decay, cuts which are not healed, worms, worm holes, and free from
serious damage caused by bruises, dirt or other foreign material,
bacterial spot, scab, scale, growth cracks, hail injury, leaf or limb
rubs, split pits, other disease, insects, or mechanical or other means.
Sec. 51.1214 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified:
(a) U.S. Fancy, U.S. Extra No. 1, and U.S. No. 1 grades. (1) For
defects at shipping point.\1\ 10 percent of the peaches in any lot may
fail to meet the requirements of the specified grade: Provided, That
included in this amount 5 percent, shall be allowed for defects causing
serious damage, including in this latter amount not more than 1 percent
for peaches which are affected by decay.
---------------------------------------------------------------------------
\1\ Shipping point, as used in these standards, means the point
of origin of the shipment in the producing area or at port of
loading for ship stores or overseas shipment, or, in the case of
shipments from outside the continental United States, the port of
entry into the United States.
---------------------------------------------------------------------------
(2) For defects en route or at destination. 14 percent for peaches
in any lot that fail to meet the requirements of the grade: Provided,
That included in this amount not more than the following percentages
shall be allowed for defects listed:
(i) 10 percent for permanent defects;
(ii) 7 percent for defects causing serious damage, included therein
not more than 5 percent for serious damage by permanent defects and not
more than 2 percent for soft, overripe, or decayed peaches.
(3) For color. (i) U.S. Fancy grade. 10 percent for peaches in any
lot which fails to meet the requirements of the grade.
(ii) U.S. Extra No. 1 grade. Individual packages may contain not
less than 40 percent of peaches which meet the requirements of the
grade: Provided, That the entire lot averages not less than 50 percent.
(b) U.S. No. 2 grade. (1) For defects at shipping point. 10 percent
of the peaches in any lot may fail to meet the requirements of this
grade: Provided, That included in this amount not more than 1 percent
for peaches which are affected by decay.
(2) For defects en route or at destination. 14 percent for peaches
in any lot that fail to meet the requirements of the grade: Provided,
That included in this amount not more than the following percentages
shall be allowed for defects listed:
(i) 10 percent for permanent defects;
(ii) 2 percent for peaches which are affected by soft, overripe, or
decay.
* * * * *
Sec. 51.1216 Size requirements.
(a) The numerical count or a count-size based on equivalent tray
pack size designations or the minimum diameter of the peaches packed in
a closed container shall be indicated on the container.
(b) When the numerical count is not shown the minimum diameter
shall be plainly stamped, stenciled, or otherwise marked on the
container in terms of whole inches, whole and half inches, whole and
quarter inches, or whole and eight inches, as 2 inches minimum, 2-\1/4\
inches minimum, 1-\7/8\ inches minimum, in accordance with the facts.
The minimum and maximum diameters may both be stated, as 1-\7/8\ to 2
inches, or 2 to 2-\1/4\ inches, in accordance with the facts.
(c) Diameter means the greatest dimension measured at right angles
to a line from stem to blossom end of the fruit.
(d) In order to allow for variations incident to proper sizing, not
more than 10 percent, by count, of peaches in any lot may be below the
specified minimum size and not more than 15 percent may be above any
specified maximum size.
Sec. 51.1217 Standard pack.
(a) Each package shall be packed so that the peaches in the shown
face shall be reasonably representative in size, color and quality of
the contents of the package.
(b) Peaches packed in U.S. Standard bushel baskets, or half-bushel
baskets shall be ring faced and tightly packed with sufficient bulge to
prevent any appreciable movement of the peaches within the packages
when lidded.
(c) Peaches packed in standard western boxes shall be reasonably
uniform in size and arranged in the packages according to the approved
and recognized methods. Each wrapped peach shall be fairly well
enclosed by its individual wrapper. All packages shall be well filled
and tightly packed but the contents shall not show excessive or
unnecessary bruising because of overfilled packages. The number of
peaches in the box shall not vary more than 4 from the number indicated
on the box.
(d) Peaches packed in other type boxes such as wire-bound boxes and
fiber-board boxes may be place packed, or jumble packed faced, and all
packs shall be well filled.
(e) Peaches packed in boxes equipped with cell compartments or
molded trays
[[Page 60182]]
shall be of the proper size for the cells or the molds which they are
packed.
(f) Peaches placed in individual paper cups and packed in boxes
shall be in cups of the proper size for the peaches.
(g) Peaches packed in loose or volume filled boxes shall be uniform
in size and well filled.
(h) In order to allow for variations incident to proper packing,
not more than 10 percent of the packages in any lot may not meet these
requirements.
(i) Well filled means that the peaches are packed within 1 inch
from the top of the container.
Sec. 51.1524 [Removed and reserved]
3. Section 51.1524 is removed and reserved.
4. Section 51.1525 is amended by revising the introductory text.
Subpart-United States Standards for Grades of Fresh Plums and
Prunes
Sec. 51.1525 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
5. Section 51.1527 is amended by revising paragraphs (a), (b), and
(c)(1) to read as follows:
Sec. 51.1527 Standard pack.
(a) Packing. (1) All packages shall be tightly packed or well
filled, according to the approved and recognized methods.
(2) The plums or prunes in the top layer of any package shall be
reasonably representative in quality and size of those in the remainder
of the package.
(3) Well filled means that the plums or prunes are packed within 1
inch from the top of the container.
(4) Tightly packed means the plums or prunes are the proper size
for the mold or cell compartments in which they are packed, and the
molds or cells are filled in such a way that movement is not allowed.
(b) Marking. (1) The size of plums or prunes shall be marked on
each package, and shall be indicated in terms of minimum diameter, or
number of fruit per package, or in accordance with the arrangement of
the top layer of fruit in the package or subcontainer. Size may also be
shown in terms of maximum number of fruit for a specified weight, such
as ``8 per pound,'' ``6.4 per pound'' or ``7-\2/3\ per pound'' or by a
count-size designation based on the number of fruits contained in a 10
pound sample with the designation rounded to an applicable number which
is divisible by 5 (example: 40 size, 45 size, 50, size, 55 size, etc.).
(i) California peach boxes, lug boxes and small consumer packages.
In layer-packed California peach boxes or lug boxes, and in small layer
packed consumer packages, the count of the entire contents shall be
marked on the package. The number of plums or prunes in California
peach boxes or lug boxes shall not vary more than 4 from the number
indicated on the package. Loose filled consumer packs not in a master
container shall have a count-size marked on the package or on a tag
closure. Master containers of loose filled consumer packages shall have
a count-size marked on the package describing the size of plums or
prunes within the container.
(ii) Face and fill packs in cartons and lug boxes. In face and fill
packs in cartons and lug boxes the number of rows in the face shall be
marked on the packages, as ``6 row,'' ``8 row,'' etc.
(c) Sizing. (1) Not more than 5 percent, by count, of the plums or
prunes in any package may vary more than one-fourth inch in diameter,
except that not more than 5 percent, by count, of the plums or prunes
2-\1/4\ inches or larger in diameter and packed in loose or volume
filled containers may vary more than three-eights inch in diameter.
* * * * *
6. Section 51.1532 is amended by adding paragraphs (c)(6) and (j)
and revising paragraphs (e), (h)(1), (h)(2), (h)(3), (i)(1), (i)(2) and
(i)(3) to read as follows:
Sec. 51.1532 Damage.
* * * * *
(c) * * *
(6) When extending from within to outside the stem cavity, when
more than three-eights inch in length if the major portion of the crack
is within the stem cavity or when more than one-fourth inch in length
if the major portion of the crack is outside the stem cavity;
* * * * *
(e) Scab or bacterial spot when cracked, or when the aggregate area
exceeds that of a circle one-fourth inch in diameter on a fruit 2
inches in diameter or smaller; or when the aggregate area exceeds that
of a circle three-eighths inch in diameter on a fruit larger than 2
inches in diameter;
* * * * *
(h) * * *
(1) Dark or rough scars when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the area exceeds that of a circle three-eighths inch in diameter
on a fruit larger than 2 inches in diameter;
(2) Fairly light colored, fairly smooth scars when, in the case of
Italian type prunes, the area exceeds that of a circle one-half inch in
diameter; or when, in the case of other types of plums, the area
exceeds that of a circle one-half inch in diameter on a fruit 2 inches
in diameter or smaller; or when the area exceeds that of a circle five-
eighths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Light colored, smooth scars when, in the case of Italian type
prunes, the area exceeds one-twelfth of the fruit surface; or when, in
the case of other types of plums, the area exceeds that of a circle
three-fourths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle seven-eighths inch
in diameter on a fruit larger than 2 inches in diameter;
* * * * *
(i) * * *
(1) Rough russeting when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the area exceeds that of a circle one-half inch in diameter on a
fruit larger than 2 inches in diameter;
(2) Slightly rough russeting when, in the case of Italian type
prunes, the area exceeds one-twelfth of the fruit surface; or when, in
the case of other types of plums, the area exceeds that of a circle
five-eighths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle three-fourths inch
in diameter on a fruit larger than 2 inches in diameter;
(3) Fairly smooth or smooth russeting when, in the case of Italian
type prunes, the area exceeds one-twelfth of the fruit surface; or
when, in the case of other types of plums the area exceeds that of a
circle three-fourths inch in diameter on a fruit 2 inches in diameter
or smaller; or when the area exceeds that of a circle 1 inch in
diameter on a fruit larger than 2 inches in diameter.
(j) Discoloration when greenish to brown definitely contrasting
with the normal surface color of the fruit and affecting more than 10
percent of the surface.
7. Section 51.1536 is amended by adding paragraph (c)(5), revising
paragraphs (e) and (h)(1) and adding paragraph (l) to read as follows:
Sec. 51.1536 Serious damage.
* * * * *
(c) * * *
(5) When extending from within to outside the stem cavity, when
healed and aggregating more than five-eighths inch in length if the
major portion of the crack is within the stem cavity or when
[[Page 60183]]
healed and aggregating more than one-half inch in length if the major
portion of the crack is outside the cavity;
* * * * *
(e) Scab or bacterial spot, when the aggregate area exceeds that of
a circle one-half inch in diameter on a fruit 2 inches in diameter or
smaller; or when the aggregate area exceeds that of a circle three-
fourths inch in diameter on a fruit larger than 2 inches in diameter;
* * * * *
(h) * * *
(1) Dark or rough scars or rough russeting when the area exceeds
that of a circle three-fourths inch in diameter on a fruit 2 inches in
diameter or smaller; or when the area exceeds that of a circle one inch
in diameter on a fruit larger than 2 inches in diameter;
* * * * *
(l) Discoloration when greenish to brown definitely contrasting
with the normal surface color of the fruit and affecting more than 25
percent of the surface.
8. Section 51.3145 is amended by revising paragraph (a) to read as
follows:
Subpart-United States Standards for Grades of Nectarines
Sec. 51.3145 U.S. Fancy.
* * * * *
(a) Each nectarine shall have not less than one-third of its
surface showing red color characteristic of the variety. (See Sec.
51.3150.)
9. Section 51.3146 is amended by revising paragraph (a) to read as
follows:
Sec. 51.3146 U.S. Extra No. 1.
* * * * *
(a) At least 75 percent of the nectarines in any lot shall show
some blushed or red color including therein at least 50 percent of the
nectarines with not less than one-third of the fruit surface showing
red color characteristic of the variety. (See Sec. 51.3150.)
Sec. 51.3147 [Amended]
10. Section 51.3147 is amended by removing paragraph (a).
Sec. 51.3148 [Amended]
11. Section 51.3148 is amended by removing paragraph (a).
Sec. 51.3149 [Removed and reserved]
12. Section 51.3149 is removed and reserved.
13. Section 51.3150 is amended by revising the introductory text
and paragraph (a)(3)(ii) to read as follows:
Sec. 51.3150 Tolerances.
In order to allow for variations incident to proper grading and
handling in each of the foregoing grades, the following tolerances, by
count, based on a minimum 25 count sample, are provided as specified:
* * * * *
(a) * * *
(3) * * *
(ii) U.S. Extra No. 1 grade and when specified in connection with a
grade. Individual containers may contain not more than 10 percentage
points less than the required percentage of nectarines showing the
amount of color specified for the grade: Provided, That the entire lot
averages not less than the required percentage of nectarines showing
the specified color for the grade.
* * * * *
14. Section 51.3152 is revised to read as follows:
Sec. 51.3152 Standard pack.
(a) Nectarines shall be fairly uniform in size and shall be packed
in boxes, lugs, crates, or cartons and arranged according to the
approved and recognized methods. All such containers shall be tightly
packed and well filled but the contents shall not show excessive or
unnecessary bruising resulting from overfilling. The nectarines in the
shown face shall be reasonably representative in size, color and
quality of the contents of the container.
(b) When packed in closed containers, the size shall be indicated
by marking the container with the numerical count, the pack
arrangement, or the minimum diameter or minimum and maximum diameters
in terms of inches and not less than one-eighth fractions of inches, or
a count-size based on equivalent tray pack size designations.
(c) Boxes, lugs or cartons: (1) Nectarines packed in containers
equipped with cell compartments, cardboard fillers or molded trays
shall be of the proper size for the cells, fillers, or molds in which
they are packed, and the number of nectarines in the container shall
correspond to the count marked on the container.
(2) In order to allow for variations incident to proper packing,
when packed in other types of packs in lugs, cartons, or boxes, the
number of nectarines in the container may vary not more than two from
the number marked on the container.
(d) Well filled means that the nectarines are packed within 1 inch
from the top of the container.
(e) Fairly uniform in size means that when the average diameter of
nectarines in any container is 2 inches or smaller not more than 5
percent, by count, of the nectarines in the container shall be outside
a diameter range of one-fourth inch; when the average diameter of
nectarines in any container is over 2 inches not more than 5 percent,
by count, of the nectarines in the container shall be outside a
diameter range of three-eighths inch.
(f) Minimum size: When size is indicated in terms of minimum
diameter not more than 5 percent, by count, of the fruit in any
container may be smaller than the size marked.
(g) Diameter means the greatest dimension measured at right angles
to a line from stem to blossom end of the fruit.
(h) Tolerances. In order to allow for variations incident to proper
sizing and packing, not more than 10 percent, by count, of the
containers in any lot may fail to meet the requirements for standard
pack.
15. Section 51.3156 is amended by revising paragraphs (c), (g)(1),
and (h)(1) to read as follows:
Sec. 51.3156 Injury.
* * * * *
(c) Scab or bacterial spot when cracked, or when the aggregate area
exceeds that of a circle one-eighth inch in diameter on a fruit 2
inches in diameter or smaller; or when the aggregate area exceeds that
of a circle one-fourth inch in diameter on a fruit larger than 2 inches
in diameter;
* * * * *
(g) * * *
(1) Light colored, smooth scars when the area exceeds that of a
circle one-fourth inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle one-half inch in
diameter on a fruit larger than 2 inches in diameter;
* * * * *
(h) * * *
(1) Rough or slightly rough russeting when the area exceeds that of
a circle one-eighth inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle one-fourth inch in
diameter on a fruit larger than 2 inches in diameter;
* * * * *
16. Section 51.3157 is amended by revising paragraphs (c), (f), and
(g) to read as follows:
Sec. 51.3157 Damage.
* * * * *
(c) Scab or bacterial spot when cracked, or when the aggregate area
exceeds that of a circle one-fourth inch in diameter on a fruit 2
inches in diameter or smaller; or when the aggregate area exceeds that
of a circle three-eighths inch in diameter on a fruit larger than 2
inches in diameter;
* * * * *
(f) Scars, including those caused by hail, when the surface of the
fruit is depressed more than one-sixteenth inch, or when exceeding any
of the following aggregate areas, or a combination of two
[[Page 60184]]
or more types of scars the seriousness of which exceeds the maximum
allowed for any one type:
(1) Dark or rough scars when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the aggregate area exceeds that of a circle three-eighths inch in
diameter on a fruit larger than 2 inches in diameter;
(2) Fairly light colored, fairly smooth scars when the area exceeds
that of a circle one-half inch in diameter on a fruit 2 inches in
diameter or smaller; or when the area exceeds that of a circle five-
eighths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Light colored, smooth scars when the area exceeds that of a
circle three-fourths inch in diameter on a fruit 2 inches in diameter
or smaller; or when the area exceeds that of a circle seven-eighths
inch in diameter on a fruit larger than 2 inches in diameter;
(4) Twig or limb scratches which are not well healed or which have
an aggregate length of more than one-half inch; and
(g) Russeting which exceeds any of the following aggregate areas of
any one type of russeting, or a combination of two or more types of
russeting the seriousness of which exceeds the maximum allowed for any
one type:
(1) Rough russeting when the area exceeds that of a circle one-
fourth inch in diameter on a fruit 2 inches in diameter or smaller; or
when the area exceeds that of a circle one-half inch in diameter on a
fruit larger than 2 inches in diameter;
(2) Slightly rough russeting when the area exceeds that of a circle
five-eighths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle three-fourths inch
in diameter on a fruit larger than 2 inches in diameter;
(3) Fairly smooth or smooth russeting when the area exceeds 15
percent of the fruit surface: Provided, That discoloration occurring as
yellow to brown staining of the skin shall not be considered as
russeting and shall be considered as causing damage only when
materially detracting from the appearance of the nectarine, and that
speckling characteristic of certain varieties shall not be considered
as russeting or discoloration.
17. Section 51.3159 is amended by revising paragraphs (c) and
(g)(1) to read as follows:
Sec. 51.3159 Serious damage.
* * * * *
(c) Scab or bacterial spot when the aggregate area exceeds that of
a circle one-half inch in diameter on a fruit 2 inches in diameter or
smaller; or when the aggregate area exceeds that of a circle three-
fourths inch in diameter on a fruit larger than 2 inches in diameter;
* * * * *
(g) * * *
(1) Dark or rough scars when the area exceeds that of a circle
three-fourths inch in diameter on a fruit 2 inches in diameter or
smaller; or when the area exceeds that of a circle one inch in diameter
on fruit larger than 2 inches in diameter;
* * * * *
Dated: September 15, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-24349 Filed 9-24-02; 8:45 am]
BILLING CODE 3410-02-P