[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
 ________________________________________________________________________
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 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.
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  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.
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    \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.
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    (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