[Federal Register: July 21, 2003 (Volume 68, Number 139)]
[Rules and Regulations]
[Page 42943-42947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy03-1]
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Rules and Regulations
Federal Register
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[[Page 42943]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 989
[Docket No. FV03-989-6 IFR]
Raisins Produced From Grapes Grown in California; Revision of
Varietal Types
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule revises the list of varietal types of raisins
specified under the Federal marketing order for California raisins
(order). The order regulates the handling of raisins produced from
grapes grown in California and is locally administered by the Raisin
Administrative Committee (RAC). The order provides authority for volume
and quality regulations that are applied according to varietal type of
raisin. This action combines the Oleate and Related Seedless varietal
type (Oleates) with the Natural (sun-dried) Seedless varietal type
(Naturals), and makes conforming changes to the order's volume and
quality regulations. This action addresses changing cultural practices
in the California raisin industry.
DATES: Effective July 22, 2003. Comments must be received by September
19, 2003.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue SW., Stop 0237, Washington, DC
20250-0237; Fax: (202) 720-8938, or E-mail: moab.docketclerk@usda.gov.
All comments should reference the docket number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours, or can be viewed at: http://www.ams.usda.gov/fv/moab.html
.
FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior Marketing
Specialist, California Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202
Monterey Street, suite 102B, Fresno, California 93721; telephone: (559)
487-5901, Fax: (559) 487-5906; or George Kelhart, Technical Advisor,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue SW., Stop 0237, Washington, DC
20250-0237; telephone: (202) 720-2491, Fax: (202) 720-8938.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue SW., Stop 0237, Washington, DC 20250-0237; telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 989 (7 CFR part 989), both as amended,
regulating the handling of raisins produced from grapes grown in
California, hereinafter referred to as the ``order.'' The order is
effective under the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. Such
handler is afforded the opportunity for a hearing on the petition.
After the hearing USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This rule revises the list of varietal types of raisins specified
under the order. The order regulates the handling of raisins produced
from grapes grown in California and is administered locally by the RAC.
The order provides authority for volume and quality regulations that
are applied according to varietal type of raisin. This action combines
the Oleate varietal type with the Natural varietal type, and makes
conforming changes to the order's volume and quality regulations. This
action was unanimously recommended by the RAC at a meeting on May 15,
2003, and addresses changing cultural practices in the California
raisin industry.
Varietal Types
The order provides authority for quality and volume regulations
that are applied according to varietal type of raisin. Section 989.10
of the order defines the term varietal type to mean raisins generally
recognized as possessing characteristics differing from other raisins
in a degree sufficient to make necessary or desirable separate
identification and classification. That section includes a list of
eight varietal types, and provides authority for the RAC, with the
approval of USDA, to change this list. A description of these varietal
types, along with additional varietal types, may be found in Sec.
989.110 of the order's administrative rules and regulations. There are
currently 10 different varietal types of raisins listed in this
section.
Paragraph (a) in Sec. 989.110 currently defines the Natural
varietal type to include all sun-dried seedless raisins that possess
characteristics similar to Natural Thompson Seedless (NTS) raisins
which, for the purpose of
[[Page 42944]]
expediting drying, have not been dipped in or sprayed with water, with
or without soda, oil or other chemicals prior to or during the drying
process. Naturals are the predominant varietal type of California
raisin, comprising about 90 percent of California's raisin production.
Paragraph (c) in Sec. 989.110 defines the Oleate varietal type to
include all raisins produced by sun-drying or artificial dehydration of
seedless grapes which, in order to expedite drying, are dipped in or
sprayed with water with soda, oil, Ethyl Oleate, Methyl Oleate or any
other chemicals either while such grapes are on the vine or after they
have been removed from the vine.
Cultural practices are evolving in the raisin industry in an effort
to reduce production and harvest costs. Traditionally, most California
raisins have been made by hand picking grapes from the vine and drying
them in the sun on trays laid on the ground. The process is labor
intensive and expensive. Thus, in an effort to reduce costs, some
growers have switched to sun-drying their grapes on the vine, and then
mechanically harvesting them (``dried on the vine'' or DOV). A drying
agent such as Oleate may be applied to the grapes on the vine to hasten
the drying process.
Additionally, there is concern that Oleate could be applied to sun-
dried Natural raisins, and that the raisins could be represented as
Oleates to circumvent the volume regulations that are typically in
effect for Naturals. With the exception of the 1998-99 crop year,
volume regulation has been in place for Naturals every year since 1983-
84. (The raisin crop year (season) runs from August 1 through July 31.)
For the 1992-93 through the 1999-2000 seasons, average acquisitions of
Oleates were 441.38 tons. For the 2000-01 and 2001-02 seasons, Oleate
acquisitions were 3,669 and 6,495 tons, respectively. Volume regulation
was in place for the beginning of the 2001-02 season for Oleates, but
was lifted in November 2001 due to no acquisitions up to that time.
Once volume regulation was lifted, Oleates were acquired. For the 2002-
03 season, the RAC recommended final volume regulation percentages for
Oleates in January 2003. However, by the week ending February 1, 2003,
Oleate acquisitions were at 2,121 tons, and far below the 5,268-ton
trade demand. Because the supply of Oleates was well below demand,
volume regulation was lifted in mid-February 2003. Since that time,
2002-03 Oleate acquisitions have increased to 6,217 tons through the
week ending April 26, 2003. Based on this data, and the fact that most
raisins are typically acquired much earlier in the crop year, the RAC
is concerned that Oleate could be sprayed on bins of Naturals and that
the raisins could be represented as Oleates to circumvent volume
regulation.
These different types of Oleate-treated grapes/raisins are
difficult to distinguish from non-Oleate treated raisins. At its May
15, 2003 meeting, the RAC recommended eliminating the Oleate varietal
type, and revising the Natural varietal type to include Oleates.
Specifically, Naturals will include all sun-dried raisins possessing
similar identifiable characteristics as raisins produced from Natural
Thompson Seedless grapes, or similar grape varieties, whether dried on
trays or on the vine, with or without application of a drying agent
that is a food-grade additive, such as, soda, oil, Ethyl Oleate, or
Methyl Oleate prior to, during, or after the drying process. The
Committee recommended using ``accepted food-grade drying agent'' in the
definition rather than ``drying agent that is a food-grade additive''.
USDA changed the Committee's recommendation so it conforms more closely
to accepted U.S. Food and Drug Administration terminology. Soda was
also added to the examples of drying agents because soda has been used
by the industry for this purpose in past years. Accordingly, paragraph
(c) in Sec. 989.110 regarding Oleates is removed, and paragraph (a)
regarding Naturals is revised to include Oleates.
Industry members considered the merits of revising the definition
for Dipped Seedless raisins. Dipped Seedless includes all raisins
produced by artificial dehydration of seedless grapes that possess the
characteristics similar to Thompson Seedless grapes which, in order to
expedite drying, have been dipped in or sprayed with water only after
such grapes have been removed from the vine. The current Oleate
definition includes raisins produced by artificially dehydrating grapes
with the application of a drying agent to the grapes. The question was
raised regarding how raisins made from artificially dehydrated Oleate-
treated grapes would be classified if sun-dried Oleates are included
with Naturals. Industry members concluded that no such raisins are
currently produced. Accordingly, the definition of Dipped Seedless
raisins will not be revised to include artificially dehydrated Oleate-
treated grapes.
Volume Regulation and Reserve Pool Requirements
The order provides authority for volume regulation designed to
promote orderly marketing conditions, stabilize prices and supplies,
and improve producer returns. When volume regulation is in effect, a
certain percentage of the California raisin crop may be sold by
handlers to any market (free tonnage) while the remaining percentage
must be held by handlers in a reserve pool (reserve) for the account of
the RAC. Reserve raisins are disposed of through various programs
authorized under the order. For example, reserve raisins may be sold by
the RAC to handlers for free use or to replace part of the free tonnage
they exported; carried over as a hedge against a short crop the
following year; or may be disposed of in other outlets not competitive
with those for free tonnage raisins, such as government purchase,
distilleries, or animal feed. Net proceeds from sales of reserve
raisins are ultimately distributed to producers.
Section 989.66 of the order specifies general requirements for
reserve tonnage. Reserve tonnage acquired by handlers from producers
and reserve tonnage transferred to a handler from the RAC must be held
by the handler for the account of the RAC. Reserve tonnage must be
stored separate and apart from other raisins and identified according
to rules and procedures specified by the RAC and approved by the
Secretary. Handlers may, under the direction and supervision of the
RAC, substitute for any reserve tonnage raisins a like quantity of
standard raisins of the same varietal type and of the same or more
recent year's production.
Section 989.166 of the order's administrative rules and regulations
specifies additional requirements for reserve raisins. Paragraph (a)(1)
of that section prescribes identification, delivery, and transfer
requirements for Natural reserve raisins. Specifically, lots of Natural
reserve raisins that have been dipped in or sprayed with water, with or
without chemicals, prior to or during the drying process, for purposes
other than to expedite drying, or that have been produced from seedless
varieties of grapes other than Thompson Seedless, must be identified by
the Inspection Service affixing to one container on each pallet or to
each bin in each lot, a prenumbered RAC control card which must remain
affixed until the raisins are processed or disposed of as natural
condition raisins. Additionally, such reserve raisins cannot be
delivered to the RAC nor transferred to another handler without
approval of the RAC or the receiving handler.
The current language in Sec. 989.166(a)(1) regarding chemicals
applied to Naturals for purposes other than to expedite drying was
added to
[[Page 42945]]
the regulations in 1984 and refers to MP-11, a fungicide. The language
regarding Naturals produced from grapes other than Thompson Seedless
was added in 1991. In these respective instances, some handlers had
indicated that they would not pack MP-11 raisins nor raisins made from
grapes other than Thompson Seedless. In both cases, the RAC determined
that these categories of Naturals should be considered as Naturals for
volume and quality control purposes, but that additional requirements
should be in place regarding identification, delivery, and transfers of
reserve raisins.
As the RAC considered the merits of combining Oleates with
Naturals, some handlers indicated that they would not pack Naturals
treated with a drying agent such as Oleate. Thus, at its May 2003
meeting, the RAC recommended revising Sec. 989.166(a)(1) to include
reserve Naturals treated with drying agents. Such reserve raisins will
have to be tagged and identified accordingly, and cannot be delivered
to the RAC nor transferred to another handler without the approval of
the RAC or the receiving handler. Handlers with only Oleate-treated
reserve could substitute non-Oleate treated free tonnage Naturals if
necessary. The RAC also recommended adding in this section authority
for the RAC to specify additional categories of Naturals that have been
produced using other cultural practices and that will be subject to
these additional requirements. Any such additions will be made with
USDA approval. This will give the RAC flexibility to address changing
cultural practices regarding different categories of Naturals in the
future. Section 989.166(a) will be revised accordingly.
Another concern regarding this issue is the impact of volume
regulation on handlers that may have built up a market for Oleate-
treated raisins. There is concern that volume regulation would
contribute to handlers losing this market. However, pursuant to Sec.
989.66(b)(3), handlers of Oleate-treated Naturals will have the
flexibility to substitute free tonnage Naturals that will be acceptable
to the RAC. Thus, handlers could substitute non-Oleate treated free
tonnage Naturals for their Oleate-treated reserve raisins, and use
their Oleate-treated fruit to meet their market needs.
Quality Requirements
This rule also revises the quality requirements specified in the
order's regulations to remove references to Oleates. Specifically, this
rule revises: The incoming quality requirements; the table of factors
for converting between natural condition and processed weight; and the
outgoing quality requirements. The details of these changes are
discussed below.
Incoming Quality Requirements
Section 989.58(a) of the order provides authority for quality
control regulations whereby natural condition raisins that are
delivered from producers to handlers must meet certain incoming quality
requirements. Section 989.701 of the order's regulations specifies
minimum grade and condition standards for natural condition raisins for
each varietal type. Paragraph (b) of that section currently specifies
requirements for three varietal types of raisins--Dipped Seedless,
Oleate, and Other-Seedless Sulfured. Specifically, such raisins must
have been prepared from sound, wholesome, matured grapes properly dried
and cured, and shall: (1) Be fairly free from damage by sugaring,
mechanical injury, sunburn, or other similar injury; (2) have a normal
characteristic flavor and odor of properly prepared raisins; (3)
contain no more than 5 percent, by weight, of substandard raisins
(raisins that show development less than that characteristic of raisins
prepared from fairly well-matured grapes), and also contain at least 50
percent well-matured or reasonably well-matured raisins; (4) not exceed
14 percent moisture; and (5) be of such quality and condition as can be
expected to withstand storage as provided in the order and that when
processed in accordance with good commercial practice will meet the
minimum standards for processed raisins established by the RAC. This
rule revises this paragraph to remove reference to the Oleate varietal
type.
Paragraph (a) of Sec. 989.701 specifies incoming quality
requirements for Naturals, Monukka and Other Seedless raisins. This
rule combines Oleates with the Natural varietal type. Thus, the
incoming quality requirements specified in Sec. 989.701(a) will apply
to Oleates. With the exception of the moisture requirement, the
specifications in paragraphs (a) and (b) of Sec. 989.701 are
identical. Paragraph (a) specifies that Naturals, Monukkas, and Other
Seedless raisins cannot exceed 16 percent moisture. The RAC's
recommendation includes Oleates meeting a less restrictive moisture
tolerance of 16 percent as opposed to the 14 percent currently required
for Oleates.
Weight Dockage System
Section 989.58(a) also contains authority for handlers to acquire
natural condition raisins that fall outside the tolerance established
for maturity, which includes substandard raisins, under a weight
dockage system. Handler acquisitions of raisins and payments to
producers are adjusted according to the percentage of substandard
raisins in a lot, or the percentage of raisins that fall below certain
levels of maturity. Section 989.210(a) of the order's regulations lists
the varietal types of raisins that may be acquired pursuant to a weight
dockage system. Sections 989.212 and 989.213 contain tables with
dockage factors applicable to lots of raisins that fall outside the
tolerances for substandard raisins and maturity, respectively,
specified in Sec. 989.701. The substandard and maturity dockage
factors are identical for Oleates and Naturals. This rule simply
removes all references to Oleates contained in Sec. Sec. 989.210(a),
989.212, and 989.213. This rule also removes paragraph (e) in Sec.
989.213 that was applicable only to the 1998-99 crop year and is thus
obsolete.
Raisin Weight Conversion Table
Section 989.601 of the order's regulations specifies a list of
conversion factors for raisin weights. The factors are used to convert
the net weight of reconditioned raisins acquired by handlers as packed
raisins to a natural condition weight. The net weight of the raisins
after the completion of processing is divided by the applicable factor
to obtain the natural condition weight. If the adjusted weight exceeds
the original weight, the original weight is used. This rule removes the
reference to Oleates and its 0.92 conversion factor. Additionally, the
table specifies a conversion factor for Naturals of 0.92. Thus,
combining Oleates with the Natural varietal type results in no change
to the conversion factor. Section 989.601 is revised accordingly.
Outgoing Quality Requirements
Section 989.59 of the order provides authority for quality control
regulations for raisins subsequent to their acquisition by handlers
(outgoing requirements). Section 989.702 of the order's regulations
specifies minimum grade standards for packed raisins. Paragraph (a) of
that section specifies identical requirements for four varietal types
of raisins--Natural, Dipped Seedless, Oleate, and Other-Seedless
Sulfured. Since the outgoing requirements for Naturals and Oleates are
identical, this rule removes the reference to Oleates from paragraph
(a).
Accordingly, Naturals must meet the requirements of U.S. Grade C as
defined in the United States Standards for Grades of Processed Raisins
(Sec. Sec. 52.1841 through 52.1858) issued under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622 through 1624). At least 70
[[Page 42946]]
percent, by weight, of the raisins in a lot must be well-matured or
reasonably well-matured. With respect to select-sized and mixed-sized
lots, the raisins must at least meet the U.S. Grade B tolerances for
pieces of stem, and underdeveloped and substandard raisins, and small
(midget) sized raisins must meet the U.S. Grade C tolerances for those
factors.
Reporting Requirements
All raisin handlers are currently required to submit various
reports to the RAC where the data collected is segregated by varietal
type of raisin. These reports include: (1) Weekly Report of Standard
Raisin Acquisitions (RAC-1); (2) Weekly Report of Standard Raisins
Received for Memorandum Receipt or Warehousing (RAC-3); (3) Monthly
Report of Free Tonnage Raisin Disposition (RAC-20); (4) Weekly Off-
Grade Summary (RAC-30); (5) Inventory of Free Tonnage Standard Quality
Raisins On Hand (RAC-50); and (6) Inventory of Off-Grade Raisins On
Hand (RAC-51). This rule requires that these forms be revised to remove
the columns for Oleates. The current total annual reporting burden for
these six forms is 660 hours. This rule will not change this burden on
handlers.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), these information collection requirements have been
previously approved by the Office of Management and Budget (OMB) under
OMB Control Number 0581-0178.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. Accordingly, AMS has
prepared this initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 20 handlers of California raisins who are
subject to regulation under the order and approximately 4,500 raisin
producers in the regulated area. Small agricultural service firms are
defined by the Small Business Administration (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. Thirteen of the 20 handlers subject to regulation have annual
sales estimated to be at least $5,000,000, and the remaining 7 handlers
have sales less than $5,000,000. No more than 7 handlers, and a
majority of producers, of California raisins may be classified as small
entities.
The order provides authority for volume and quality regulations
that are applied according to varietal type of raisin. This rule
combines the Oleate varietal type with the Natural varietal type, and
makes conforming changes to the order's volume and quality regulations.
Pursuant to Sec. 989.10 of the order, Sec. 989.110 of the regulations
is revised to remove the Oleate varietal type, and to include sun-dried
raisins that may or may not be treated with Oleate or similar food-
grade drying agent in the definition of the Natural varietal type.
Pursuant to Sec. 989.66, Sec. 989.166(a)(1) is revised to add
identification, delivery, and transfer requirements for Naturals
treated with Oleate, or similar drying agents. Finally, pursuant to
Sec. Sec. 989.58 and 989.59, the order's quality regulations are
revised to remove references to Oleates as follows: incoming quality
requirements specified in Sec. Sec. 989.210, 989.212, 989.213, and
989.701; a table of factors for converting between natural condition
and processed weight specified in Sec. 989.601; and outgoing quality
requirements specified in Sec. 989.702.
Regarding the impact of this action on affected entities, this rule
helps ensure that sun-dried Natural Thompson raisins or raisins
produced from similar grape varieties will be subject to the same
volume regulation percentages. Concerns about circumventing volume
regulation by representing Naturals as Oleates will be addressed. If
volume regulation were in effect, handlers who have a market for
Oleate-treated raisins will have the opportunity to substitute free
tonnage non-Oleate treated Naturals for their reserve Oleates to meet
their market needs.
The RAC considered several alternatives to this action. In the
spring of 2002, the RAC recommended, and USDA approved, conducting a
research study to determine if it is possible to distinguish whether
Oleate or a similar agent was applied to a grape as opposed to a
raisin. This would assist in determining if Oleate or a similar drying
agent was being applied to raisins to circumvent volume regulation.
Preliminary information indicates that distinguishing if Oleate or
similar drying agent were applied to grapes or raisins may not be
possible. There were also some discussions on establishing color
specifications to differentiate between non-Oleate Naturals, Oleate-
treated Naturals, and DOV. However, the general consensus is that
raisins darken with time so that color specifications would be very
difficult to apply. Further, there were discussions about requiring
producers to file a declaration with the RAC prior to the beginning of
the crop year regarding the use of Oleate or similar agent. However,
such a producer declaration could not be required.
Regarding the impact of this action on reporting requirements under
the order, all raisin handlers are currently required to submit various
reports to the RAC where the data collected is segregated by varietal
type of raisin. As previously listed, these reports include: (1) Weekly
Report of Standard Raisin Acquisitions (RAC-1); (2) Weekly Report of
Standard Raisins Received for Memorandum Receipt or Warehousing (RAC-
3); (3) Monthly Report of Free Tonnage Raisin Disposition (RAC-20); (4)
Weekly Off-Grade Summary (RAC-30); (5) Inventory of Free Tonnage
Standard Quality Raisins On Hand (RAC-50); and (6) Inventory of Off-
Grade Raisins On Hand (RAC-51). This rule requires that these forms be
revised to remove the columns for Oleates. The current total annual
burden for these six forms is 660 hours. This rule will not change this
burden on handlers.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements referenced above
have been approved by the Office of Management and Budget (OMB) under
OMB Control No. 0581-0178. As with all Federal marketing order
programs, reports and forms are periodically reviewed to reduce
information requirements and duplication by industry and public sector
agencies.
Additionally, except for applicable section 8e import regulations,
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule. However, as previously stated,
Natural raisins must at least meet U.S. Grade C as defined in the
United States Standards for Grades of Processed Raisins (Sec. Sec.
52.1841 through 52.1858) issued under the Agricultural Marketing Act of
1946 (7 U.S.C. 1622 through 1624).
Further, this action was reviewed at several industry meetings as
follows--the RAC's Industry Solutions Subcommittee on April 21, 2003,
the Administrative Issues Subcommittee on April 23, 2003, work group
meetings on April 29 and May 12, 2003, and an
[[Page 42947]]
Administrative Issues Subcommittee and a RAC meeting on May 15, 2003.
All of these meetings where this action was deliberated were public
meetings widely publicized throughout the raisin industry. All
interested persons were invited to attend the meetings and participate
in the industry's deliberations. Finally, interested persons are
invited to submit information on the regulatory and informational
impact of this action on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html.
Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
Comments are invited concerning this rule. A 60-day comment period
is provided to allow interested persons to respond to this rule. All
written comments received will be considered before a final decision is
made on this matter.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
this interim final rule, as hereinafter set forth, will tend to
effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) This rule needs to be implemented as soon as possible
because the 2003-04 crop year begins August 1, 2003; (2) the RAC
unanimously recommended these changes at a public meeting and
interested parties had an opportunity to provide input; and (3) a 60-
day comment period is provided and all comments received will be
considered in finalizing this rule.
List of Subjects in 7 CFR Part 989
Grapes, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 989 is amended as
follows:
PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA
0
1. The authority citation for 7 CFR part 989 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section Sec. 989.110 is amended by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (c); and
0
c. Redesignating paragraphs (d) through (j) as paragraphs (c) through
(i).
The revised text reads as follows:
Sec. 989.110 Varietal types.
* * * * *
(a) Natural (sun-dried) Seedless includes all sun-dried seedless
raisins possessing similar identifiable characteristics as raisins
produced from Thompson Seedless grapes or similar grape varieties,
whether dried on trays or on the vine, with or without the application
of a drying agent that is a food-grade additive such as, soda, oil,
Ethyl Oleate, or Methyl Oleate prior to, during, or after the drying
process.
* * * * *
0
3. In Sec. 989.166, paragraph (a)(1) is revised to read as follows:
Sec. 989.166 Reserve tonnage generally.
(a) * * * (1) Natural (sun-dried) Seedless. Handlers who acquire
any lot of natural condition Natural (sun-dried) Seedless raisins which
have been dipped in or sprayed with water, with or without chemicals,
prior to or during the drying process, for purposes other than to
expedite drying, or that have been produced from seedless varieties of
grapes other than Thompson Seedless (i.e., Fiesta, Emerald Seedless,
Perlette, Delight, and other similar grape varieties), or that have
been treated with Oleate or similar drying agents, or such other
Natural (sun-dried) Seedless raisins that have been produced using
other cultural practices as recommended by the Committee with the
approval of the Secretary, may set aside such raisins to satisfy their
reserve pool obligation: Provided, That such raisins shall be
identified by the Inspection Service affixing to one container on each
pallet or to each bin in each lot, a prenumbered RAC control card (to
be furnished by the Committee) which shall remain affixed until raisins
are processed or disposed of as natural condition raisins: and Provided
further, That such raisins shall not be delivered to the Committee or
transferred to another handler without approval of the Committee or the
receiving handler.
* * * * *
Sec. 989.210 [Amended]
0
4. In Sec. 989.210, the first sentence in paragraph (a) is amended to
remove the words ``Oleate and Related Seedless,''.
Sec. 989.212 [Amended]
0
5. In Sec. 989.212, the first sentence in paragraph (a) and the
heading in paragraph (b) are amended to remove the words ``Oleate and
Related Seedless,''.
Sec. 989.213 [Amended]
0
6. Section 989.213 is amended by:
0
a. Removing the words ``Oleate and Related Seedless,'' in the first
sentence in paragraph (a) and the introductory text in paragraphs (b),
(c), and (d).
0
b. Removing paragraph (e) and the note immediately following it.
Sec. 989.601 [Amended]
0
7. In Sec. 989.601, the table is revised to read as follows:
Sec. 989.601 Conversion factors for raisin weight.
* * * * *
------------------------------------------------------------------------
Conversion
Varietal type factor
------------------------------------------------------------------------
Natural (sun-dried) Seedless................................ 0.92
Golden Seedless, Dipped Seedless, Other Seedless, and Other 0.95
Seedless-Sulfured..........................................
Muscats (including raisins with seeds):
Seeded.................................................... 0.80
Unseeded.................................................. 0.92
Sultana..................................................... 0.92
Zante Currant............................................... 0.91
------------------------------------------------------------------------
Sec. 989.701 [Amended]
0
8. In Sec. 989.701, the first sentence in paragraph (b) is amended by
removing the words ``Oleate and Related Seedless,''.
Sec. 989.702 [Amended]
0
9. In Sec. 989.702, the paragraph heading and the first sentence in
paragraph (a) are amended by removing the words ``Oleate and Related
Seedless,''.
Dated: July 16, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-18448 Filed 7-16-03; 5:08 pm]
BILLING CODE 3410-02-P