[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9190-9199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4221]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register  

[[Page 9189]]

/ Vol. 69, No. 39 / Friday, February 27, 2004 / Rules and Regulations

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket No. FV-00-303]


Peaches, Plums, and Nectarines; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises 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 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. The revisions will bring the 
standards into conformity with current packing, marketing and cultural 
practices. This document also contains conforming and editorial 
changes.

EFFECTIVE DATE: March 29, 2004.

FOR FURTHER INFORMATION CONTACT: David Priester, Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Room 1661 South Building, STOP 0240, 
Washington, DC 20250-0240, Fax (202) 720-8871.

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 Grades of 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 will benefit all aspects of the 
peach, plum, prune, and nectarine industries by 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 final regulatory 
flexibility analysis.
    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, prunes, 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 rule will: 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 action will make the standards more consistent and uniform 
with marketing trends and practices. This 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 industry, and the 
rule 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 United States, not revising the standards could 
result in confusion in terms of industry marketing and the proper 
application of the grade standards.

[[Page 9190]]

    The proposed rule, 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, was 
published in the Federal Register on September 25, 2002 (67 FR 60171). 
A comment period of sixty days was issued which closed on November 25, 
2002. Two comments were received requesting an extension of the comment 
period for the proposed rule. The request was granted and a notice of 
the reopening and extension of the comment period for the proposed rule 
was published in the Federal Register on January 31, 2003 (68 FR 4967). 
The comment period was reopened and extended for thirty-five days which 
closed on March 7, 2003.

Comments

    In addition to the two comments requesting the extension of the 
comment period, six comments were received during the comment period 
regarding the proposed changes. These included comments from growers, 
packers, shippers and industry associations representing growers, 
packers and shippers.
    One comment, received from an industry association representing 
peach shippers, was in favor of the proposal with the exception of the 
change adding a definition for ``well filled'' to the U.S. Standards 
for Grades of Peaches. Peaches packed in loose or volume filled 
containers are required to be well filled in order to meet the optional 
standard pack requirement in Section 51.1217.
    AMS proposed adding the following definition for this term: ``Well 
filled'' means that the peaches are packed within one inch from the top 
of the container. The commenter stated the issue with definition is 
that ``early season peach varieties grown in Georgia and South Carolina 
are smaller fruit. This smaller sized fruit sometimes does not reach 
within one inch of the top of the box, as would be required under the 
guidelines, but in fact is a full half bushel of fruit.'' The commenter 
further stated the new definition would require the producers to 
purchase new containers in order to pack this smaller fruit and this 
would be an economic disadvantage for the producers. However, as 
previously noted, the standard pack requirements are optional. 
Producers may choose not to pack standard pack requirements and still 
meet the requirements for all the U.S. grades for peaches. Also, as the 
commenter stated, this is only an issue sometimes for early season 
varieties. AMS believes while in some cases this may require the 
purchase of additional containers, the industry as a whole will benefit 
by having a uniform definition of well filled. Therefore, the term well 
filled will be added to the standards.
    Two additional comments were received from representatives of an 
industry association regarding the addition of the definition of well 
filled to all three standards. These commenters recommended adding 
``packed in loose or volume filled containers'' to the definitions of 
well filled. They felt this addition would clarify that this term is 
only applied to loose or volume filled containers. AMS agrees, and all 
three standards will be revised based on these comments. The definition 
of ``well filled'' in the U.S. Standards for Grades of Peaches will be 
revised to read as follows: ``Well filled'' means that the peaches 
packed in loose or volume filled containers are packed within 1 inch of 
the top of the container. The definition of well filled in the U.S. 
Standards for Grades of Fresh Plums and Prunes will be revised to read 
as follows: ``Well filled'' means that the plums or prunes packed in 
loose or volume filled containers are packed within 1 inch of the top 
of the container. Also, the definition of well filled in the U.S. 
Standards for Grades of Nectarines will be revised to read as follows: 
``Well filled'' means that the nectarines packed in loose or volume 
filled containers are packed within 1 inch of the top of the container.
    Four comments, two from individual growers, packers and shippers 
and two from industry associations representing growers, packers and 
shippers, were received regarding the proposal to establish a 25-count 
minimum sample size for all three grade standards. These commenters 
felt the proposed 25-count minimum sample was not enough to accurately 
determine the percentage of defects present in a lot. One of the 
commenters recommended a 50-count minimum sample size for all three 
standards. The three other commenters recommended a 40-count minimum 
sample size for peaches and 50-count minimum sample size for plums and 
nectarines. These commenters stated that these minimum sample sizes 
have been the accepted standard in the industry for many years. These 
commenters also recommended the co-mingling of the contents of adjacent 
consumer size packages, when necessary, to obtain the minimum sample 
size. AMS agrees that an increase in the minimum sample size is 
warranted for packages with 50 or more fruit. However, while a 40-count 
sample size for peaches is an industry standard in some regions of the 
country, AMS feels it would be preferable and beneficial to have a 
uniform and consistent 50-count minimum sample for peaches, plums, 
prunes, and nectarines. Additionally, with regard to consumer size 
packages, AMS believes that requiring a larger than 25-count minimum 
sample for consumer size packages will cause undue destruction of 
packages. Therefore, the U.S. Standards for Grades of Peaches, Sec.  
51.1214, the U.S. Standards for the Grade of Fresh Plums and Prunes, 
Sec.  51.1525 and the U.S. Standards for Grades of Nectarines, Sec.  
51.3150 will be revised as follows: In order to allow for variations 
incident to proper grading and handling in each of the following 
grades, the following tolerances, by count, based on a minimum 50-count 
sample, except when packages contain less than 50 fruit, a minimum 25-
count sample shall be examined, (when packages contain less than 25 
fruit, adjoining packages shall be opened to obtain the 25-count 
minimum sample), are provided as specified.
    One comment, received from a grower, packer and shipper, 
recommended the following additional requirement to each standard: ``a 
minimum of at least 2 samples must be examined to certify a lot.'' AMS 
feels that currently requiring in the inspection instructions that a 
minimum of 3 samples be examined to certify a lot provides for a more 
representative sample of the lot and therefore should remain unchanged. 
This commenter further recommended adding an application of tolerances 
for consumer size packages which would allow individual packages to be 
unrestricted as to the percentages of defects. This issue was not 
addressed in the proposed rule, and further review from industry would 
be needed before including this recommendation.
    Five comments were received regarding the addition of the 
definition for damage and serious damage scoring criteria for 
discoloration for grades of fresh plums and prunes. The proposal 
defined damage as, ``Discoloration when greenish to brown definitely 
contrasting with the normal surface color of the fruit and affecting 
more than 10 percent of the surface.'' The proposal defined serious 
damage as, ``Discoloration when greenish to brown definitely 
contrasting with the normal surface color of the fruit and affecting 
more than 25 percent of the surface.''
    Two comments were received from an industry association 
representing growers, packers and shippers requesting the terms 
``mottled discoloration'' and ``discolored surface area'' be added to 
clarify the definition.

[[Page 9191]]

The proposed definition provides a scoring criteria for all 
discoloration. If the term mottled was added, it would exclude other 
types of discoloration. One of the commenters, a grower, packer and 
shipper, requested the removal of the proposed definition due to their 
concern that characteristic mottled color of some varieties such as 
Catalina and Mariposa would be confused as a defect. The proposed 
definition states ``definitely contrasting with the normal surface 
color of the fruit.'' This means that varieties for which mottled color 
is characteristic, the mottled color would be considered ``normal 
surface color'' and would not be considered a defect. Another comment, 
received from a grower, packer and shipper, requested that this change 
be postponed until further research could be conducted to assess how 
this proposal would affect the industry. The commenter further stated 
it is their belief that both consumers and producers would be greatly 
impacted by the inclusion of the definition. They feel the definition 
is too broad and not as restrictive as the scoring criteria for small 
peaches. The proposed surface area is appropriate for plums and prunes. 
Additionally, it is currently used by most of the industry. Consumers 
or producers should not be impacted negatively, as adding this defined 
scoring criteria will provide a more objective means of evaluating this 
defect. One comment received from a grower and packer expressed concern 
with the proposal, stating that most plums grown in their area ``need 
to be harvested at maturity levels precluding full dark color. 
Consequently, many marketable plums have more than 10 percent greenish 
to brown color which definitely contrasts with the normal surface color 
of the fruit.'' This comment has merit and we are deleting reference to 
greenish and brown color in the plum and prunes standard. The proposed 
definitions for damage and serious damage are intended to be applied to 
discoloration resulting from injury to the fruit, not due to early 
harvesting, immaturity, or characteristic color of the variety.
    Based on these comments AMS will revise the defined scoring 
criteria for damage as follows: ``Discoloration when definitely 
contrasting with the normal surface color of the fruit and affects more 
than 10 percent of the surface.'' The defined scoring criteria for 
serious damage will be revised to read as follows: ``Discoloration when 
definitely contrasting with the normal surface color and affects more 
than 25 percent of the surface.''
    Two comments were received from two industry association 
representatives requesting a defined scoring criteria for hollow 
cavities be added to the U.S. grades for plums and prunes. They 
requested the following be added to Damage, Sec.  51.1532, ``Hollow 
areas or cavities in the blossom end of Kesley, Empress and similar 
varieties is characteristic of the variety and shall not be considered 
as damage. However, flesh discoloration of the cavity, which materially 
affects the appearance of the area, shall be considered.'' They 
requested the following be added to Serious damage, Sec.  51.1536, 
``Hollow areas or cavities in the blossom end of Kesley, Empress and 
similar varieties is characteristic of the variety and shall not be 
considered as damage. However, flesh discoloration of the cavity, which 
seriously affects the appearance of the area, shall be considered.'' A 
similar request was discussed prior to the proposed rule. AMS stated at 
that time and continues to be of the view that these types of scoring 
guides are included in the inspection instructions, as they are variety 
specific and it is not possible to determine in which varieties hollow 
cavities would be characteristic. Accordingly, AMS still believes that 
this scoring guide is best stated in the inspection instructions for 
grades of plums and prunes.
    Accordingly, AMS amends 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.

List of Subjects in 7 CFR Part 51

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

0
For reasons set forth in the preamble, 7 CFR part 51 is amended as 
follows:

PART 51--[AMENDED]

0
1. The authority citation for 7 CFR part 51 continues to read as 
follows:

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


0
2. Subpart--United States Standards for Peaches is revised to read as 
follows:
Subpart--United States Standards for Grades of Peaches

Grades

Sec.
51.1210 U.S. Fancy.
51.1211 U.S. Extra No. 1.
51.1212 U.S. No. 1.
51.1213 U.S. No. 2.

Tolerances

51.1214 Tolerances.

Application of Tolerances

51.1215 Application of tolerances to individual packages.

Size

51.1216 Size requirements.

Standard Pack

51.1217 Standard pack.

Definitions

51.1218 Mature.
51.1219 Well formed.
51.1220 Leaf or limb rub injury.
51.1221 Damage.
51.1222 Serious damage.
51.1223 Badly misshapen.

Subpart--United States Standards for Grades of Peaches

Grades


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 the 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,

[[Page 9192]]

growth cracks, hail injury, leaf or limb rubs, split pits, other 
disease, insects, or mechanical or other means.

Tolerances


Sec.  51.1214  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the following grades, the following tolerances, by 
count, based on a minimum 50-count sample, except when packages contain 
less than 50 fruit, a minimum 25-count sample shall be examined, (when 
packages contain less than 25 fruit adjoining packages shall be opened 
to obtain the 25-count minimum sample), are provided as specified:
    (a) U.S. Fancy, U.S. Extra No. 1, and U.S. No. 1 grades--(1) For 
defects at shipping point.\1\ 10 percent of the peaches in any lot may 
fail to meet the requirements of the specified grade: Provided, That 
included in this amount, 5 percent shall be allowed for defects causing 
serious damage, including in this latter amount not more than 1 percent 
for peaches which are affected by decay.
---------------------------------------------------------------------------

    \1\ Shipping point, as used in these standards, means the point 
of origin of the shipment in the producing area or at port of 
loading for ship stores or overseas shipment, or, in the case of 
shipments from outside the continental United States, the port of 
entry into the United States.
---------------------------------------------------------------------------

    (2) For defects en route or at destination. 14 percent for peaches 
in any lot that fail to meet the requirements of the grade: Provided, 
That included in this amount not more than the following percentages 
shall be allowed for defects listed:
    (i) 10 percent for permanent defects;
    (ii) 7 percent for defects causing serious damage, included therein 
not more than 5 percent for serious damage by permanent defects and not 
more than 2 percent for soft, overripe, or decayed peaches.
    (3) For color--(i) U.S. Fancy grade. 10 percent for peaches in any 
lot which fail 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.

Application of Tolerances


Sec.  51.1215  Application of tolerances to individual packages.

    (a) The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations, provided the 
averages for the entire lot are within the tolerances specified for the 
grade:
    (1) For packages which contain more than 10 pounds, and a tolerance 
of 10 percent or more is provided (as in the case of oversize, where a 
tolerance of 15 percent is provided), individual packages in any lot 
shall have not more than one and one-half times the tolerance 
specified. For packages which contain more than 10 pounds and a 
tolerance of less than 10 percent is provided, individual packages in 
any lot shall have not more than double the tolerance specified, except 
that at least one peach which is seriously damaged by insects or 
affected by decay may be permitted in any package.
    (2) For packages which contain 10 pounds or less, individual 
packages in any lot are not restricted as to the percentage of defects: 
Provided, That not more than one peach which is seriously damaged by 
insects or affected by decay may be permitted in any package.

Size


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 eighth 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.

Standard Pack


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 shall be of the proper size for the cells or the molds in 
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 packed in loose or 
volume filled containers are packed within 1 inch of the top of the 
container.

Definitions


Sec.  51.1218  Mature.

    ``Mature'' means that the peach has reached the stage of growth 
which will ensure a proper completion of the ripening process.


Sec.  51.1219  Well formed.

    ``Well formed'' means that the shape of the peach may be slightly 
irregular but not to the extent that its appearance is materially 
affected.

[[Page 9193]]

Sec.  51.1220  Leaf or limb rub injury.

    ``Leaf or limb rub injury'' means that the scarring is not smooth, 
not light colored, or aggregates more than \1/4\ inch in diameter.


Sec.  51.1221  Damage.

    ``Damage'' means any injury or defect which materially affects the 
appearance, or the edible or shipping quality of the peach. Any one of 
the following defects, or any combination thereof, the seriousness of 
which exceeds the maximum allowed for any one defect, shall be 
considered as damage:
    (a) Bacterial spot, when cracked, or when aggregating more than \3/
8\ inch in diameter;
    (b) Scab spots, when cracked, or when aggregating more than \3/8\ 
inch in diameter;
    (c) Scale, when concentrated, or when scattered and aggregating 
more than \1/4\ inch in diameter;
    (d) Hail injury which is unhealed, or deep, or when aggregating 
more than \1/4\ inch in diameter;
    (e) Leaf or limb rubs, when not smooth, or when not light colored, 
or when aggregating more than \1/2\ inch in diameter;
    (f) Split pit, when causing any unhealed crack, or when causing any 
crack which is readily apparent, or when affecting shape to the extent 
that the fruit is not well formed.


Sec.  51.1222  Serious damage.

    ``Serious damage'' means any injury or defect which seriously 
affects the appearance or the edible or shipping quality of the peach. 
Any one of the following defects, or any combination thereof, the 
seriousness of which exceeds the maximum allowed for any one defect, 
shall be considered as serious damage:
    (a) Bacterial spot, when any cracks are not well healed, or when 
aggregating more than \3/4\ inch in diameter;
    (b) Scab spots, when cracked, or when healed and aggregating more 
than one inch in diameter;
    (c) Scale, when aggregating more than \1/2\ inch in diameter;
    (d) Growth cracks, when unhealed, or more than \1/2\ inch in 
length;
    (e) Hail injury, when unhealed, or shallow hail injury when 
aggregating more than \3/4\ inch in diameter, or deep hail injury which 
seriously deforms the fruit or which aggregates more than \1/2\ inch in 
diameter;
    (f) Leaf or limb rubs, when smooth and light colored and 
aggregating more than 1\1/2\ inches in diameter, or dark or slightly 
rough and barklike scars aggregating more than \3/4\ inch in diameter;
    (g) Split pit, when causing any unhealed crack, or when healed and 
aggregating more than \1/2\ inch in length including any part of the 
crack which may be covered by the stem;
    (h) Soft or overripe peaches;
    (i) Wormy fruit or worm holes.


Sec.  51.1223  Badly misshapen.

    ``Badly misshapen'' means that the peach is so decidedly deformed 
that its appearance is seriously affected.

0
3. Subpart--United States Standards for Grades of Fresh Plums and 
Prunes is revised to read as follows:
Subpart--United States Standards for Grades of Fresh Plums and Prunes

Grades

Sec.
51.1520 U.S. Fancy.
51.1521 U.S. No. 1.
51.1522 U.S. Combination.
51.1523 U.S. No. 2.
51.1524 [Reserved]

Tolerances

51.1525 Tolerances.

Application of Tolerances

51.1526 Application of tolerances.

Standard Pack

51.1527 Standard pack.

Definitions

51.1528 Well formed.
51.1529 Clean.
51.1530 Mature.
51.1531 Sunscald.
51.1532 Damage.
51.1533 Well colored.
51.1534 Fairly well colored.
51.1535 Badly misshapen.
51.1536 Serious damage.
51.1537 Diameter.

Metric Conversion Table

51.1538 Metric conversion table.

Subpart--United States Standards for Grades of Fresh Plums and 
Prunes

Grades


Sec.  51.1520  U.S. Fancy.

    ``U.S. Fancy'' consists of plums or prunes of one variety which are 
well formed, clean, mature but not overripe or soft or shriveled; which 
are free from decay, sunscald, heat injury, sunburn, split pits and 
hail marks, and free from damage caused by broken skins, growth cracks, 
drought spots, gum spots, russeting, scars, other disease, insects or 
mechanical or other means.
    (a) Italian type prunes shall be well colored and, unless otherwise 
specified, shall be not less than 1\1/4\ inches in diameter. (See Sec.  
51.1525.)
    (b) [Reserved]


Sec.  51.1521  U.S. No. 1.

    ``U.S. No. 1'' consists of plums or prunes of one variety which are 
well formed, clean, mature but not overripe or soft or shriveled; which 
are free from decay and sunscald, and free from damage caused by broken 
skins, heat injury, growth cracks, sunburn, split pits, hail marks, 
drought spots, gum spots, russeting, scars, other disease, insects or 
mechanical or other means.
    (a) Italian type prunes shall be fairly well colored and, unless 
otherwise specified, shall be not less than 1\1/4\ inches in diameter. 
(See Sec.  51.1525.)
    (b) [Reserved]


Sec.  51.1522  U.S. Combination.

    ``U.S. Combination'' consists of a combination of U.S. No. 1 and 
U.S. No. 2 plums or prunes: Provided, That at least 75 percent, by 
count, meet the requirements of U.S. No. 1 grade. (See Sec.  51.1525.)


Sec.  51.1523  U.S. No. 2.

    ``U.S. No. 2'' consists of plums or prunes of one variety which are 
not badly misshapen, which are clean, mature but not overripe or soft 
or shriveled; which are free from decay and sunscald, and free from 
serious damage caused by broken skins, heat injury, growth cracks, 
sunburn, split pits, hail marks, drought spots, gum spots, russeting, 
scars, other disease, insects or mechanical or other means. (See Sec.  
51.1525.)


Sec.  51.1524  [Reserved]

Tolerances


Sec.  51.1525  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the following grades, the following tolerances, by 
count, based on a minimum 50-count sample, except when packages contain 
less than 50 fruit, a minimum 25-count sample shall be examined, (when 
packages contain less than 25 fruit adjoining packages shall be opened 
to obtain the 25-count minimum sample), are provided as specified:
    (a) U.S. Fancy and U.S. No. 1--(1) For defects of plums or prunes 
other than Italian type prunes at shipping point.\1\ 8 percent for 
fruit which fails to meet the requirements of the specified grade: 
Provided, That included in this amount not more than 4 percent shall be 
allowed for defects causing serious

[[Page 9194]]

damage, including in this latter amount not more than one-half of 1 
percent for fruit which is affected by decay.
---------------------------------------------------------------------------

    \1\Shipping point, as used in these standards, means the point 
of origin of the shipment in the producing area or at port of 
loading for ship stores or overseas shipment, or, in the case of 
shipments from outside the continental United States, the port of 
entry into the United States.
---------------------------------------------------------------------------

    (2) For defects of plums or prunes other than Italian type prunes 
en route or at destination. 12 percent for fruit which fails to meet 
the requirements of the specified grade: Provided, That included in 
this amount not more than the following percentages shall be allowed 
for defects listed:
    (i) 8 percent for permanent defects;
    (ii) 6 percent for defects causing serious damage, including 
therein not more than 4 percent for serious damage by permanent defects 
and not more than 2 percent for decay.
    (3) For defects of Italian type prunes at shipping point.\1\ Not 
more than a total of 12 percent of the fruit in any lot may fail to 
meet the requirements of the specified grade: Provided, That included 
in this amount not more than the following percentages shall be allowed 
for the defects listed:
    (i) 10 percent for prunes which fail to meet the color requirement;
    (ii) 10 percent for prunes which fail to meet the minimum diameter 
requirement;
    (iii) 8 percent for prunes which fail to meet the remaining 
requirements of the grade: Provided, That not more than one-half of 
this amount, or 4 percent, shall be allowed for defects causing serious 
damage, including in the latter amount not more than one-half of 1 
percent for decay.
    (4) For defects of Italian type prunes en route or at destination. 
Not more than a total of 18 percent of the fruit in any lot may fail to 
meet the requirements of the specified grade: Provided, That included 
in this amount not more than the following percentages shall be allowed 
for the defects listed:
    (i) 12 percent for permanent defects including therein not more 
than 10 percent which fail to meet the color requirement, 10 percent 
which fail to meet the minimum diameter requirement, and 8 percent 
which fail to meet the requirements of the grade because of other 
permanent defects;
    (ii) 6 percent for defects causing serious damage, including 
therein not more than 4 percent for serious damage by permanent defects 
and not more than 2 percent for decay.
    (b) U.S. Combination and U.S. No. 2--(1) For defects at shipping 
point.\1\ 8 percent for fruit which fails to meet the requirements of 
the specified grade: Provided, That included in this amount not more 
than 4 percent shall be allowed for sunscald, decay or serious damage 
by insects or heat injury, including in this latter amount not more 
than one-half of 1 percent for decay.
    (2) For defects en route or at destination. 12 percent for fruit 
which fails to meet the requirements of the specified grade: Provided, 
That included in this amount not more than the following percentages 
shall be allowed for defects listed:
    (i) 8 percent for permanent defects including therein not more than 
4 percent for sunscald, or serious damage by insects or heat injury; 
and,
    (ii) 2 percent for decay.
    (3) When applying the tolerance for the U.S. Combination grade 
individual packages may have not more than 10 percent less than the 
percentage of U.S. No. 1 required: Provided, That the entire lot 
averages within the required percentage. (See Sec.  51.1526.)

Application of Tolerances


Sec.  51.1526  Application of tolerances.

    The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations:
    (a) A package may contain not more than double any specified 
tolerance except that at least two defective and two off-size specimens 
may be permitted in any package: Provided, That the averages for the 
entire lot are within the tolerances specified for the grade.
    (b) [Reserved]

Standard Pack


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 packed in loose 
or volume filled containers are packed within 1 inch of 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-eighths inch in diameter.
    (2) When size is indicated in terms of minimum diameter, not more 
than 5 percent, by count, of the fruit in any package may be smaller 
than the size marked.
    (d) Tolerance for standard pack. In order to allow for variations 
incident to proper sizing and packing, not more than 10 percent, by 
count, of the packages in any lot may fail to meet the requirements for 
standard pack.

Definitions


Sec.  51.1528  Well formed.

    ``Well formed'' means that the fruit has the shape characteristic 
of the variety. Doubles shall not be considered well formed.


Sec.  51.1529  Clean.

    ``Clean'' means that the fruit is practically free from dirt and 
other foreign material.


Sec.  51.1530  Mature.

    ``Mature'' means that the fruit has reached the stage of maturity 
which will insure a proper completion of the ripening process.

[[Page 9195]]

Sec.  51.1531  Sunscald.

    ``Sunscald'' means injury caused by the sun in which softening or 
collapse of the flesh is apparent.


Sec.  51.1532  Damage.

    ``Damage'' means any specific defect defined in this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance, or the edible or marketing quality of the fruit. The 
following specific defects shall be considered as damage:
    (a) Broken skins which are unhealed except those caused by pulled 
stems where the skin is torn only slightly within the stem cavity. 
(Healed skin breaks shall be considered scars);
    (b) Heat injury, sprayburn or sunburn:
    (1) When the skin is blistered, cracked or decidedly flattened;
    (2) When the normal color of the skin or flesh has materially 
changed;
    (3) When there is more than one indentation; or,
    (4) When an indentation exceeds three-sixteenths inch in diameter;
    (c) Growth cracks:
    (1) When not healed;
    (2) When more than one in number;
    (3) When more than one-eighth inch in depth;
    (4) When more than three-eighths inch in length if within the stem 
cavity; or,
    (5) When more than one-fourth inch in length if outside of the stem 
cavity;
    (6) When extending from within to outside the stem cavity, when 
more than three-eighths 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;
    (d) Split pit when causing any unhealed crack, or when healed and 
aggregating more than one-fourth inch in length, or when affecting the 
shape to the extent that the fruit is not well formed;
    (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;
    (f) Drought spots or external gum spots which have an aggregate 
area exceeding that of a circle one-fourth inch in diameter;
    (g) Scale or scale marks when the aggregate area exceeds that of a 
circle one-fourth inch in diameter;
    (h) 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 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 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;
    (4) Twig or limb scratches which are not well healed or which have 
an aggregate length of more than one-half inch;
    (i) 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, 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 definitely contrasting with the normal 
surface color of the fruit and affects more than 10 percent of the 
surface.


Sec.  51.1533  Well colored.

    ``Well colored,'' as applied to Italian type prunes, means that 95 
percent of the surface of the prune is purple color.


Sec.  51.1534  Fairly well colored.

    ``Fairly well colored,'' as applied to Italian type prunes, means 
that at least three-fourths of the surface of the prune is purple 
color.


Sec.  51.1535  Badly misshapen.

    ``Badly misshapen'' means that the fruit is so malformed or rough 
that its appearance is seriously affected. Doubles shall be considered 
badly misshapen, except that doubles of Italian type prunes which have 
approximately equal halves shall not be considered badly misshapen.


Sec.  51.1536  Serious damage.

    ``Serious damage'' means any specific defect defined in this 
section; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects which 
seriously detracts from the appearance, or the edible or marketing 
quality of the fruit. The following specific defects shall be 
considered as serious damage:
    (a) Broken skins which are unhealed when aggregating more than one-
eighth inch in diameter, length or depth. (Healed skin breaks shall be 
considered scars);
    (b) Heat injury, sprayburn or sunburn:
    (1) When the skin is blistered, cracked or decidedly flattened;
    (2) When causing any dark discoloration of the flesh;
    (3) When there are more than two indentations;
    (4) When the aggregate area of indentations exceeds that of a 
circle three-eighths inch in diameter; or,
    (5) When causing noticeable brownish or darker discoloration over 
more than one-fourth of the fruit surface;
    (c) Growth cracks:
    (1) When not healed and more than one-eighth inch in length or 
depth;
    (2) When healed and more than three-sixteenths inch in depth;
    (3) When healed and aggregating more than five-eighths inch in 
length if within the stem cavity; or,
    (4) When healed and aggregating more than one-half inch in length 
if outside of the stem cavity;
    (5) When extending from within to outside the stem cavity, when 
healed

[[Page 9196]]

and aggregating more than five-eighths inch in length if the major 
portion of the crack is within the stem cavity or when healed and 
aggregating more than one-half inch in length if the major portion of 
the crack is outside the cavity;
    (d) Split pit when causing any unhealed crack, or when healed and 
aggregating more than three-eighths inch in length, or when affecting 
the shape to the extent that the fruit is badly misshapen;
    (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;
    (f) Drought spots or external gum spots which have an aggregate 
area exceeding that of a circle one-half inch in diameter;
    (g) Scale or scale marks when the aggregate area exceeds that of a 
circle three-eighths inch in diameter;
    (h) Russeting and scars, including those caused by hail, when the 
surface of the fruit is depressed more than three-sixteenths inch, or 
when exceeding any of the following aggregate areas, or a combination 
of two or more types of russeting or scars the seriousness of which 
exceeds the maximum allowed for any one type:
    (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;
    (2) Russeting and scars which are not dark or rough when the area 
exceeds one-fourth of the fruit surface.
    (i) Soft or overripe or shriveled plums or prunes;
    (j) Plums or prunes affected by decay; and
    (k) Plums or prunes affected by sunscald.
    (l) Discoloration when definitely contrasting with the normal 
surface color and affects more than 25 percent of the surface.


Sec.  51.1537  Diameter.

    ``Diameter'' means the greatest dimension measured at right angles 
to a line from the stem to blossom end of the fruit.

Metric Conversion Table


Sec.  51.1538  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
\1/8\ equals...............................................          3.2
\1/4\ equals...............................................          6.4
\3/8\ equals...............................................          9.5
\1/2\ equals...............................................         12.7
\5/8\ equals...............................................         15.9
\3/4\ equals...............................................         19.1
\7/8\ equals...............................................         22.2
1 equals...................................................         25.4
1\1/4\ equals..............................................         31.8
1\1/2\ equals..............................................         38.1
1\3/4\ equals..............................................         44.5
2 equals...................................................         50.8
3 equals...................................................         76.2
4 equals...................................................        101.6
------------------------------------------------------------------------


0
4. Subpart--United States Standards for Grades of Nectarines is revised 
to read as follows:
Subpart--United States Standards for Grades of Nectarines

Grades

Sec.
51.3145 U.S. Fancy.
51.3146 U.S. Extra No. 1.
51.3147 U.S. No. 1.
51.3148 U.S. No. 2.
51.3149 [Reserved]

Tolerances

51.3150 Tolerances.

Application of Tolerances

51.3151 Application of tolerances.

Standard Pack

51.3152 Standard pack.

Definitions

51.3153 Mature.
51.3154 Well formed.
51.3155 Clean.
51.3156 Injury.
51.3157 Damage.
51.3158 Badly misshapen.
51.3159 Serious damage.

Metric Conversion Table

51.3160 Metric conversion table.

Subpart--United States Standards for Grades of Nectarines

Grades


Sec.  51.3145  U.S. Fancy.

    ``U.S. Fancy'' consists of nectarines of one variety which are 
mature but not soft or overripe, which are well formed, clean, and free 
from decay, broken skins which are not healed, worms, worm holes, and 
free from injury caused by bruises, growth cracks, hail, sunburn, 
sprayburn, scab, bacterial spot, scale, split pit, scars, russeting, 
other disease, insects, or mechanical or other means.
    (a) Each nectarine shall have not less than one-third of its 
surface showing red color characteristic of the variety. (See Sec.  
51.3150.)
    (b) [Reserved]


Sec.  51.3146  U.S. Extra No. 1.

    ``U.S. Extra No. 1'' consists of nectarines of one variety which 
are mature but not soft or overripe, which are well formed, clean, and 
free from decay, broken skins which are not healed, worms, worm holes 
and free from injury caused by split pit and free from damage caused by 
bruises, growth cracks, hail, sunburn, sprayburn, scab, bacterial spot, 
scale, scars, russeting, other disease, insects or mechanical or other 
means.
    (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.)
    (b) [Reserved]


Sec.  51.3147  U.S. No. 1.

    ``U.S. No. 1'' consists of nectarines of one variety which are 
mature but not soft or overripe, which are well formed, clean, and free 
from decay, broken skins which are not healed, worms, worm holes, and 
free from injury caused by split pit and free from damage caused by 
bruises, growth cracks, hail, sunburn, sprayburn, scab, bacterial spot, 
scale, scars, russeting, other disease, insects, or mechanical or other 
means.


Sec.  51.3148  U.S. No. 2.

    ``U.S. No. 2'' consists of nectarines of one variety which are 
mature but not soft or overripe, which are not badly misshapen, which 
are clean and free from decay, broken skins which are not healed, 
worms, worm holes, and free from serious damage caused by bruises, 
growth cracks, hail, sunburn, sprayburn, scab, bacterial spot, scale, 
split pit, scars, russeting, other disease, insects, or mechanical or 
other means.


Sec.  51.3149  [Reserved]

Tolerances


Sec.  51.3150  Tolerances.

    In order to allow for variations incident to proper grading and 
handling in each of the following grades, the following tolerances, by 
count, based on a minimum 50-count sample, except when packages contain 
less than 50 fruit, a minimum 25-count sample shall be examined, (when 
packages contain less than 25 fruit adjoining packages shall be opened 
to obtain the 25-count minimum 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\ 8 percent for nectarines

[[Page 9197]]

which fail to meet the requirements of the specified grade: Provided, 
That included in this amount not more than 4 percent shall be allowed 
for defects causing serious damage, including in this latter amount not 
more than one-half of 1 percent for nectarines which are affected by 
decay.
---------------------------------------------------------------------------

    \1\ Shipping point, as used in these standards, means the point 
of origin of the shipment in the producing area or at port of 
loading for ship stores or overseas shipment, or, in the case of 
shipments from outside the continental United States, the port of 
entry into the United States.
---------------------------------------------------------------------------

    (2) For defects en route or at destination. 12 percent for 
nectarines which fail to meet the requirements of the specified grade: 
Provided, That included in this amount, not more than the following 
percentages shall be allowed for defects listed:
    (i) 8 percent for permanent defects;
    (ii) 6 percent for defects causing serious damage, including 
therein not more than 4 percent for serious damage by permanent defects 
and not more than 2 percent for decay.
    (3) For color--(i) U.S. Fancy grade. 10 percent for nectarines in 
any lot which fail to meet the requirements of the grade.
    (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.
    (b) U.S. No. 2 grade--(1) For defects at shipping point.\1\ 8 
percent for nectarines which fail to meet the requirements of the 
grade: Provided, That included in this amount, not more than 4 percent 
shall be allowed for sunscald, decay, or serious damage by insects or 
heat injury, including in this latter amount not more than one-half of 
1 percent for nectarines which are affected by decay.
    (2) For defects en route or at destination. 12 percent for 
nectarines which 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) 8 percent for permanent defects including therein not more than 
4 percent for sunscald, or serious damage by insects or heat injury; 
and
    (ii) 2 percent for decay.

Application of Tolerances


Sec.  51.3151  Application of tolerances.

    The contents of individual packages in the lot, based on sample 
inspection, are subject to the following limitations:
    (a) A package may contain not more than double any specified 
tolerance except that at least two defective specimens may be permitted 
in any package: Provided, That the averages for the entire lot are 
within the tolerances specified for the grade.
    (b) [Reserved]

Standard Pack


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 packed in loose or 
volume filled containers are packed within 1 inch of 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.

Definitions


Sec.  51.3153  Mature.

    ``Mature'' means that the nectarine has reached the stage of growth 
which will insure a proper completion of the ripening process.


Sec.  51.3154  Well formed.

    ``Well formed'' means that the nectarine has the shape 
characteristic of the variety and that bumps or other roughness do not 
materially detract from the appearance.


Sec.  51.3155  Clean.

    ``Clean'' means that the fruit is practically free from dirt and 
other foreign material.


Sec.  51.3156  Injury.

    ``Injury'' means any specific defect defined in this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which more than slightly 
detracts from the appearance, or the edible or marketing quality of the 
fruit. The following specific defects shall be considered as injury:
    (a) Growth cracks:
    (1) When not healed;
    (2) When more than one in number;
    (3) When more than one-eighth inch in depth; or,
    (4) When more than one-eighth inch in length.
    (b) Heat injury, sprayburn or sunburn when the normal color of the 
skin or flesh is more than slightly changed, or when any indentation is 
present;
    (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;
    (d) Scale or scale marks when more than one large scale or scale 
mark or when more than three scales or scale marks of any size are 
present;
    (e) Split pit when causing any unhealed crack, or when healed and 
aggregating more than one-fourth inch

[[Page 9198]]

in length, or when affecting the shape to the extent that the fruit is 
not well formed;
    (f) Drought spots or external gum spots which have an aggregate 
area exceeding that of a circle one-eighth inch in diameter;
    (g) Scars, including those caused by hail, when the surface of the 
fruit is depressed more than one-sixteenth inch or when not light in 
color, or when not smooth, or when exceeding any of the following 
aggregate areas, or a combination of two or more types of scars the 
seriousness of which exceeds the maximum allowed for any one type:
    (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;
    (2) Twig or limb scratches which are not well healed or which have 
an aggregate length of more than one-fourth inch; and
    (h) 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 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;
    (2) Fairly smooth or smooth russeting or staining when the area 
exceeds 10 percent of the fruit surface: Provided, That speckling 
characteristic of certain varieties shall not be considered as 
russeting or discoloration.


Sec.  51.3157  Damage.

    ``Damage'' means any specific defect defined in this section; or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance, or the edible or marketing quality of the fruit. The 
following specific defects shall be considered as damage:
    (a) Growth cracks:
    (1) When not healed;
    (2) When more than one in number;
    (3) When more than one-eighth inch in depth;
    (4) When more than three-eighths inch in length if within the stem 
cavity; or,
    (5) When more than one-fourth inch in length if outside of the stem 
cavity;
    (b) Heat injury, sprayburn or sunburn:
    (1) When the skin is blistered, cracked, or decidedly flattened;
    (2) When the normal color of the skin or flesh has materially 
changed;
    (3) When there is more than one indentation; or,
    (4) When an indentation exceeds three-sixteenths inch in diameter;
    (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;
    (d) Scale or scale marks when the aggregate area exceeds that of a 
circle one-fourth inch in diameter;
    (e) Drought spots or external gum spots which have an aggregate 
area exceeding that of a circle one-fourth inch 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 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.


Sec.  51.3158  Badly misshapen.

    ``Badly misshapen'' means that the nectarine is so decidedly 
deformed that its appearance is seriously affected.


Sec.  51.3159  Serious damage.

    ``Serious damage'' means any specific defect defined in this 
section; or an equally objectionable variation of any one of these 
defects, any other defect, or any combination of defects which 
seriously detracts from the appearance or the edible or marketing 
quality of the fruit. The following specific defects shall be 
considered as serious damage:
    (a) Growth cracks:
    (1) When not healed and more than one-eighth inch in length or 
depth;
    (2) When healed and more than three-sixteenths inch in depth;
    (3) When healed and aggregating more than five-eighths inch in 
length if within the stem cavity; or,
    (4) When healed and aggregating more than one-half inch in length 
if outside of the stem cavity;
    (b) Heat injury, sprayburn or sunburn:
    (1) When the skin is blistered, cracked, or decidedly flattened;
    (2) When causing any dark discoloration of the flesh;
    (3) When there are more than two indentations;
    (4) When the aggregate area of indentations exceeds that of a 
circle three-eighths inch in diameter; or,
    (5) When causing noticeable brownish or darker discoloration over 
more than one-fourth of the fruit surface;
    (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;
    (d) Scale or scale marks when the aggregate area exceeds that of a 
circle three-eighths inch in diameter;
    (e) Split pit when causing any unhealed crack or when healed and

[[Page 9199]]

aggregating more than three-eighths inch in length, or when affecting 
the shape to the extent that the fruit is badly misshapen;
    (f) Drought spots or external gum spots which have an aggregate 
area exceeding that of a circle one-half inch in diameter;
    (g) Scars, including those caused by hail, when the surface of the 
fruit is depressed more than three-sixteenths inch, or when exceeding 
any of the following aggregate areas, or a combination of two 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 
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;
    (2) Scars which are not dark or rough when the area exceeds one-
fourth of the fruit surface;
    (h) 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 or slightly rough russeting when the area exceeds 10 
percent of the fruit surface; or
    (2) Fairly smooth or smooth russeting when the area exceeds 50 
percent of the fruit surface: Provided, That discoloration occurring as 
yellow to brown staining of the skin shall not be considered russeting 
and shall be considered as causing serious damage only when seriously 
detracting from the appearance of the nectarine, and that speckling 
characteristic of certain varieties shall not be considered as 
russeting or discoloration.
    (i) Soft or overripe nectarines;
    (j) Nectarines affected by decay;
    (k) Unhealed broken skins except those associated with growth 
cracks; and,
    (l) Wormy fruit or worm holes.

Metric Conversion Table


Sec.  51.3160  Metric conversion table.

------------------------------------------------------------------------
                                                             Millimeters
                           Inches                                (mm)
------------------------------------------------------------------------
1/8 equals.................................................         3.2
1/4 equals.................................................         6.4
3/8 equals.................................................         9.5
1/2 equals.................................................        12.7
5/8 equals.................................................        15.9
3/4 equals.................................................        19.1
7/8 equals.................................................        22.2
1 equals...................................................        25.4
1-1/4 equals...............................................        31.8
1-1/2 equals...............................................        38.1
1-3/4 equals...............................................        44.5
2 equals...................................................        50.8
3 equals...................................................        76.2
4 equals...................................................       101.6
------------------------------------------------------------------------


    Dated: February 20, 2004.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-4221 Filed 2-26-04; 8:45 am]
BILLING CODE 3410-02-P