[Federal Register: July 7, 2004 (Volume 69, Number 129)]
[Rules and Regulations]
[Page 41119-41128]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy04-19]
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Part VI
Department of Agriculture
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Agricultural Marketing Service
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7 CFR Parts 916 and 917
Nectarines and Peaches Grown in California; Revision of Handling
Requirements for Fresh Nectarines and Peaches; Final Rule
[[Page 41120]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. FV04-916-1 FIR]
Nectarines and Peaches Grown in California; Revision of Handling
Requirements for Fresh Nectarines and Peaches
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, with changes, an interim final rule revising the handling
requirements for California nectarines and peaches by modifying the
grade, size, maturity, and container requirements for fresh shipments
of these fruits, beginning with 2004 season shipments. This rule also
continues in effect an on-going modification of the requirements for
placement of Federal-State Inspection Service lot stamps for the 2004
season and beyond, continues in effect a minimum net weight for a style
of containers, continues in effect the authorization to continue
shipments of ``CA Utility'' quality nectarines and peaches, and
continues in effect the revision of the tolerance for blossom-end
growth cracks for Peento type peaches. The marketing orders regulate
the handling of nectarines and peaches grown in California and are
administered locally by the Nectarine Administrative and Peach
Commodity Committees (committees). This rule will enable handlers to
continue shipping fresh nectarines and peaches meeting consumer needs
in the interests of producers, handlers, and consumers of these fruits.
EFFECTIVE DATE: August 6, 2004.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, 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 Nos. 124 and 85, and Marketing Order Nos. 916 and 917 (7 CFR
parts 916 and 917) regulating the handling of nectarines and peaches
grown in California, respectively, hereinafter referred to as the
``orders.'' The orders are effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
The Department of Agriculture (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. A
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.
Under the orders, lot stamping, grade, size, maturity, container,
container marking, and pack requirements are established for fresh
shipments of California nectarines and peaches. Such requirements are
in effect on a continuing basis. The Nectarine Administrative Committee
(NAC) and the Peach Commodity Committee (PCC), which are responsible
for local administration of the orders, met on November 12, 2003, and
unanimously recommended that these handling requirements be revised for
the 2004 season, which began about the second week of April. The
changes: (1) Continue indefinitely the lot stamping requirements that
have been in effect since the 2000 season; (2) authorize continued
shipments of ``CA Utility'' quality fruit during the 2004 season; (3)
revise tolerances for blossom-end growth cracks for Peento type
peaches; (4) establish a minimum net weight for volume-filled, five
down containers; (5) add an additional container to the list of
standard containers and amend the dimensions of another container
already regulated; and (6) revise varietal maturity, quality, and size
requirements to reflect changes in growing and marketing practices.
These changes continue in effect until modified, suspended, or
terminated.
The committees meet prior to and during each season to review the
rules and regulations effective on a continuing basis for California
nectarines and peaches under the orders. Committee meetings are open to
the public and interested persons are encouraged to express their views
at these meetings. The committees held such meetings on November 12,
2003. USDA reviews committee recommendations and information, as well
as information from other sources, and determines whether modification,
suspension, or termination of the rules and regulations would tend to
effectuate the declared policy of the Act.
No official crop estimate was available at the time of the
committees' November 12, 2003, meetings because the nectarine and peach
trees were dormant. The committees subsequently made crop estimates at
their meetings on April 28, 2004. The 2004 nectarine crop was estimated
to be approximately 22,245,000 containers, and the 2004 peach crop was
estimated to be approximately 22,601,000 containers. These crops are
similar to the 2003 crops, which totaled 21,896,300 containers of
nectarines and 22,306,300 containers of peaches.
Lot Stamping Requirements
Sections 916.55 and 917.45 of the orders require inspection and
certification of nectarines and peaches, respectively, handled by
handlers. Sections 916.115 and 917.150 of the nectarine and peach
orders' rules and regulations, respectively, require that all exposed
or outside containers of nectarines and peaches, and at least 75
percent of the total containers on a pallet, be stamped with the
Federal-State Inspection Service (inspection service) lot stamp number
after inspection and before shipment to show that the fruit has been
inspected. These requirements apply except for
[[Page 41121]]
containers that are loaded directly onto railway cars, exempted, or
mailed directly to consumers in consumer packages.
Lot stamp numbers are assigned to each handler by the inspection
service, and are used to identify the handler and the date on which the
container was packed. The lot stamp number is also used by the
inspection service to identify and locate the inspector's corresponding
working papers or field notes. Working papers are the documents each
inspector completes while performing an inspection on a lot of
nectarines or peaches. Information contained in the working papers
supports the grade levels certified to by the inspector at the time of
the inspection.
The lot stamp number has value for the industries, as well. The
committees utilize the lot stamp number and date codes to trace fruit
in the container back to the orchard from which it was harvested. This
information is essential in providing quick information for a crisis
management program instituted by the industries. Without the lot stamp
information on each container, the ``trace back'' effort, as it is
called, would be jeopardized.
Several new containers have been adopted for use by nectarine and
peach handlers in recent years. These containers are returnable plastic
containers (RPCs). Use of RPCs may represent substantial savings to
retailers for storage and disposal, as well as for handlers who do not
have to pay for traditional, single-use containers. Fruit is packed in
the containers by the handler, delivered to the retailer, emptied, and
returned to a central clearinghouse for cleaning and redistribution to
the handler. However, because these containers are designed for reuse,
RPCs do not support markings that are permanently affixed to the
container. All markings must be printed on cards that slip into tabs on
the front or sides of the containers. The cards are easily inserted and
removed, and further contribute to the efficient reuse of RPCs.
The cards are a continuing concern for the inspection service and
the industry because of their unique portability. There is some concern
that the cards on pallets of inspected containers could easily be moved
to pallets of uninspected containers, thus permitting a handler to
avoid inspection on a lot or lots of nectarines or peaches. This would
also jeopardize the use of the lot stamp numbers for the industry's
``trace back'' program.
To address this concern since the 2000 season, the committees have
annually recommended that pallets of inspected fruit in RPCs be
identified with a USDA-approved pallet tag containing the lot stamp
number, in addition to the lot stamp number printed on the card on each
container. In this way, noted the committees, an audit trail would be
created confirming that the lot stamp number on each container on the
pallet corresponds to the lot stamp number on the pallet tag.
The committees and the inspection service presented their concerns
to the manufacturers of these types of containers prior to the 2000
season. At that time, one manufacturer indicated a willingness to
address the problem by offering an area on the principal display panel
where the container markings would adhere to the container. Another
possible improvement discussed was for an adhesive for the current
style of containers which would securely hold the cards with the lot
stamp numbers, yet would be easy for the clearinghouse to remove when
the containers are washed. However, the changes offered by the
manufacturers have not yet transpired.
In a meeting of the Tree Fruit Quality Subcommittee on October 23,
2003, the subcommittee recognized that as time has passed, the
likelihood of getting a suitable adhesive for the cards or an area on
the containers for container markings has decreased significantly.
Therefore, the subcommittee determined that it was no longer
appropriate to put this regulation into effect annually. When the time
comes that an adhesive for the cards becomes available or another
method for securing the lot stamp on each container is found, the
subcommittee determined that they would make a recommendation to
eliminate this requirement.
For those reasons, the subcommittee unanimously recommended to the
committees that the requirement for lot stamp numbers on USDA-approved
pallet tags, when used on RPCs, as well as on individual containers on
a pallet, be required for the 2004 season and beyond. The committees
then recommended unanimously that such requirement be implemented for
the 2004 season and beyond, as well.
Thus, the amendments to Sec. Sec. 916.115 and 917.150 continue in
effect and require the lot stamp number to be printed on a USDA-
approved pallet tag, when used on RPCs in addition to the requirement
that the lot stamp number be applied to cards on all exposed or outside
containers, and not less than 75 percent of the total containers on a
pallet. This regulation will remain in effect until such time as it may
be modified.
Container and Pack Requirements
Sections 916.52 and 917.41 of the orders authorize establishment of
container, container marking, and pack requirements for shipments of
nectarines and peaches, respectively. Under Sec. Sec. 916.350 and
917.442 of the orders' rules and regulations, the specifications of
container markings, net weights, well-filled requirements, weight-count
standards for various sizes of nectarines and peaches, and lists of
standard containers are provided.
The committees unanimously recommended that a uniform net weight be
established for all ``five down'' boxes (commonly referred to as
``Euro'' boxes) that are volume-filled. Currently, the net weight
requirement for volume-filled, ``five down'' boxes is 29 and 31 pounds.
``Five down'' boxes are containers that lay in a pattern of five
containers per layer on each pallet. In other words, each layer of
boxes on a pallet contains only five Euro boxes. Other container sizes
and footprints may result in nine boxes per layer.
During the 2003 season, the industry used both the 29-pound and 31-
pound net weights in Euro containers, and committee staff tracked the
total packages of nectarines and peaches of each weight. The purpose of
the tracking was to see if one net weight was predominant.
At a meeting of the Tree Fruit Quality Subcommittee meeting on
October 23, 2003, the results of the study were released. During the
2003 season, 94,300 twenty-nine-pound boxes of nectarines were packed
compared to 8,520 thirty-one-pound boxes of nectarines. There were also
69,115 twenty-nine-pound boxes of peaches packed as compared to 17,103
thirty-one-pound boxes. Based upon the statistics, the subcommittee
voted unanimously to recommend to the committees that the minimum net
weight for all volume-filled, five down Euro containers should be
established at 29 pounds.
At the November 12, 2003, meeting, the NAC and PCC also unanimously
recommended that all volume-filled, five down Euro boxes have an
established net weight of 29 pounds, which is to be printed on the end
of the container.
Nectarines: For the reasons stated above, the revision of
paragraphs (a)(1) and (a)(8) of Sec. 916.350 continues in effect to
refer to all volume-filled, five down Euro containers. Such changes
will ensure that all volume-filled, five down Euro containers of
nectarines are a net weight of 29 pounds. The container markings shall
be placed on
[[Page 41122]]
one outside end of the container in plain sight and in plain letters.
Peaches: For the reasons stated above, the revision of paragraphs
(a)(1) and (a)(9) of Sec. 917.442 continues in effect to refer to all
volume-filled, five down Euro containers. Such changes will ensure that
all volume-filled, five down Euro containers of peaches are a net
weight of 29 pounds. The markings shall be placed on one outside end of
the container in plain sight and in plain letters.
Standard Container Listings
This rule also makes changes to the pack and container marking
requirements to establish one new standard container being used by the
industry and to modify the dimensions of another already regulated. In
the rules and regulations for nectarines at Sec. 916.350, current
paragraphs (a)(5) and (a)(6), and for peaches at Sec. 917.442, current
paragraphs (a)(6) and (a)(7), standard containers, such as the Nos.
22D, 22E, 22G, and 32, are required to be marked with the net weight.
Under paragraph (b) in Sec. Sec. 916.350 and 917.442, such standard
containers are defined. Once the use of a container becomes common in
the industry, such containers are determined to be standard containers.
Standard containers represent container types that are recognized by
the industry and adopted by the retail trade. As such, it is a practice
of the committees to recommend that such containers be added to the
list of standard containers together with container marking
requirements.
At the November 29, 2001, meeting, the NAC and PCC, acting upon a
recommendation from the Returnable Plastic Container Task Force,
unanimously recommended that the Euro five down RPC be added to the
list of standard containers. The container was, then, added to the list
of standard containers, as approved by USDA.
During the 2003 season, the California Department of Food and
Agriculture (CDFA) modified the dimensions of the Euro five down
container and assigned it No. 35. CDFA also assigned numbers to one new
container, the No. 36. These two new numbers were then added to the
California Agricultural Code. By standardizing containers, the State
permits handlers to use a new container for more than ten percent of
their annual shipments. Otherwise, the container would be considered an
experimental container for which handlers would have to file an
application and limit shipments in such containers to a maximum of ten
percent of their total seasonal shipments. Once containers are
standardized within the California Agricultural Code, they are
historically added to the orders so that regulated handlers may use
them for packaging nectarines and peaches.
Thus, the revision of paragraph (b) of Sec. Sec. 916.350 and
917.442 continues in effect adding the new No. 36, and the revised and
renamed No. 35 to the list of standard containers.
Grade and Quality Requirements
Sections 916.52 and 917.41 of the orders authorize the
establishment of grade and quality requirements for nectarines and
peaches, respectively. Prior to the 1996 season, Sec. 916.356 required
nectarines to meet a modified U.S. No. 1 grade. Specifically,
nectarines were required to meet U.S. No. 1 grade requirements, except
for a slightly tighter requirement for scarring and a more liberal
allowance for misshapen fruit. Prior to the 1996 season, Sec. 917.459
required peaches to meet the requirements of a U.S. No. 1 grade, except
for a more liberal allowance for open sutures that were not ``serious
damage.''
This rule continues in effect the revisions of Sec. Sec. 916.350,
916.356, 917.442, and 917.459 to permit shipments of nectarines and
peaches meeting ``CA Utility'' quality requirements during the 2004
season. (``CA Utility'' fruit is lower in quality than that meeting the
modified U.S. No. 1 grade requirements.) Shipments of nectarines and
peaches meeting ``CA Utility'' quality requirements have been permitted
each season since 1996.
Studies conducted by the NAC and PCC in 1996 indicated that some
consumers, retailers, and foreign importers found the lower-quality
fruit acceptable in some markets. When shipments of ``CA Utility''
nectarines were first permitted in 1996, they represented 1.1 percent
of all nectarine shipments, or approximately 210,000 containers.
Shipments of ``CA Utility'' nectarines reached a high of 6 percent
(1,408,362 containers) during the 2003 season.
Shipments of ``CA Utility'' peaches totaled 1.9 percent of all
peach shipments, or approximately 366,000 containers, during the 1996
season. Shipments of ``CA Utility'' peaches reached a high of 5.6
percent of all peach shipments (1,231,000 containers) during the 2002
season.
Handlers have also commented that the availability of the ``CA
Utility'' quality option lends flexibility to their packing operations.
They have noted that they now have the opportunity to remove marginal
nectarines and peaches from their U.S. No. 1 containers and place this
fruit in containers of ``CA Utility.'' This flexibility, the handlers
note, results in better quality U.S. No. 1 packs without sacrificing
fruit.
The Tree Fruit Quality Subcommittee met on October 23, 2003, and
recommended unanimously to the NAC and PCC to continue shipments of
``CA Utility'' quality nectarines and peaches. Subsequently, the NAC
and PCC voted unanimously at their November 12, 2003, meetings to
authorize continued shipments of ``CA Utility'' quality fruit during
the 2004 season.
Accordingly, based upon the recommendations, the revisions to
paragraph (d) of Sec. Sec. 916.350 and 917.442, and paragraph (a)(1)
of Sec. Sec. 916.356 and 917.459 continue in effect to permit
shipments of nectarines and peaches meeting ``CA Utility'' quality
requirements during the 2004 season, on the same basis as shipments
since the 2000 season.
Maturity Requirements
In Sec. Sec. 916.52 and 917.41, authority is provided to establish
maturity requirements for nectarines and peaches, respectively. The
minimum maturity level currently specified for nectarines and peaches
is ``mature'' as defined in the standards. For most varieties, ``well-
matured'' determinations for nectarines and peaches are made using
maturity guides (e.g., color chips). These maturity guides are reviewed
each year by the Shipping Point Inspection Service (SPI) to determine
whether they need to be changed, based upon the most-recent information
available on the individual characteristics of each nectarine and peach
variety.
These maturity guides established under the handling regulations of
the California tree fruit marketing orders have been codified in the
Code of Federal Regulations as Table 1 in Sec. Sec. 916.356 and
917.459, for nectarines and peaches, respectively.
The requirements in the 2004 handling regulations are the same as
those that appeared in the 2003 handling regulations with a few
exceptions. Those exceptions are explained in this rule and continue in
effect.
Nectarines: Requirements for ``well-matured'' nectarines are
specified in Sec. 916.356 of the order's rules and regulations. This
rule continues in effect the revision of Table 1 of paragraph
(a)(1)(iv) of Sec. 916.356 to add maturity guides for seven varieties
of nectarines. Specifically, SPI recommended adding maturity guides for
the Honey Dew variety to be regulated at the B maturity guide, for the
Emelia and Grand Sweet
[[Page 41123]]
varieties at the J maturity guide, for the June Candy and Regal Red at
the K maturity guide, and the Gee Sweet and Honey Fire varieties to be
regulated at the L maturity guide.
In addition, eight nectarine varieties are no longer being shipped
and their removal from the listing of maturity guide assignments in
Table 1 of paragraph (a)(1)(iv) of Sec. 916.356 continues in effect.
The varieties removed include: Autumn Grand, Early May, Early May
Grand, Independence, May Jim, May Lion, Red Grand, and Royal Delight
nectarine varieties.
The NAC recommended these maturity guide requirements based on
SPI's continuing review of individual maturity characteristics and
identification of the appropriate maturity guide corresponding to the
``well-matured'' level of maturity for nectarine varieties in
production.
Peaches: Requirements for ``well-matured'' peaches are specified in
Sec. 917.459 of the order's rules and regulations. This rule continues
in effect the revision of Table 1 of paragraph (a)(1)(iv) of Sec.
917.459 to add maturity guides for twelve peach varieties.
Specifically, SPI recommended adding maturity guides for the May Sweet
and Sweet September varieties to be regulated at the I maturity guide;
the Burpeachone (Spring FlameTM 21), Burpeachtwo (Henry
IITM), Candy Red, Country Sweet, Pretty Lady, Prima Peach
23, Shelly, Sierra Gem, and Summer Kist varieties to be regulated at
the J maturity guide; and the Kaweah peach variety to be regulated at
the L maturity guide.
Thus, the revision of Table 1 in paragraph (a)(1)(iv) of Sec.
917.459 continues in effect to reflect these recommendations.
In addition, three peach varieties are no longer being shipped and
their removal from the listing of maturity guide assignments in Table 1
of paragraph (a)(1)(iv) of Sec. 917.459 continues in effect for the
Sierra Crest peach variety. The PCC also recommended that the Johnny's
White and Snow Ball peach varieties be removed. However, these two
varieties were previously removed from Table 1.
SPI has also recommended changes to the ``California Well-Matured''
or ``CA WELL MAT'' maturity requirements for varieties of nectarines
and peaches with insufficient ``ground color'' (ground color is the
skin color beneath the characteristic red or pink exhibited on the
fruit). Under the changes, the stem cavity will be utilized to make a
determination regarding ``California Well-Matured'' or ``CA WELL MAT''
for varieties that have insufficient ground color. These varieties are
usually highly colored red varieties on which the stem cavity is the
only location where the ground color can be seen. SPI further
recommends that the color in the stem cavity for most varieties should
be at least at the H maturity guide and that confirmation of the
maturity may further be established by using other ``California Well-
Matured'' characteristics.
Further, SPI has recommended that two nectarine varieties be
notated with an asterisk for additional inspection information.
According to SPI, inspectors have determined that the Honey Dew and
Mango varieties are appropriately ``California Well-Matured'' or ``CA
WELL MAT'' when the ground color is ``breaking yellowish-green.'' In
other words, the ground color of the fruit is a green color showing
signs of changing to a yellow or orange color for yellow-fleshed
varieties, and a green color showing signs of changing to a cream color
for white-fleshed varieties.
The amendment to the note at the end of Table 1 of paragraph
(a)(1)(iv) of Sec. 916.356 continues in effect to reflect these
recommendations regarding nectarines, and the amendment to the note at
the end of Table 1 of paragraph (a)(1)(iv) of Sec. 917.459 continues
in effect to include the recommendation that the stem cavity will be
used to determine the appropriate ground color for certain peach
varieties.
The NAC and PCC recommended these maturity guide requirements based
on SPI's continuing review of individual maturity characteristics and
identification of the appropriate maturity guide corresponding to the
``well-matured'' level of maturity for nectarine and peach varieties in
production.
Size Requirements
Both orders provide (in Sec. Sec. 916.52 and 917.41) authority to
establish size requirements. Size regulations encourage producers to
leave fruit on the tree longer, which improves both size and maturity
of the fruit. Acceptable fruit size provides greater consumer
satisfaction and promotes repeat purchases, and, therefore, increases
returns to producers and handlers. In addition, increased fruit size
results in increased numbers of packed containers of nectarines and
peaches per acre, also a benefit to producers and handlers.
Varieties recommended for specific size regulations have been
reviewed and such recommendations are based on the specific
characteristics of each variety. The NAC and PCC conduct studies each
season on the range of sizes attained by the regulated varieties and
those varieties with the potential to become regulated, and determine
whether revisions to the size requirements are appropriate.
Nectarines: Section 916.356 of the order's rules and regulations
specifies minimum size requirements for fresh nectarines in paragraphs
(a)(2) through (a)(9). This rule continues in effect the revision of
Sec. 916.356 to establish variety-specific minimum size requirements
for nine varieties of nectarines that were produced in commercially
significant quantities of more than 10,000 containers for the first
time during the 2003 season. This rule also continues in effect the
removal of the variety-specific minimum size requirements for five
varieties of nectarines whose shipments fell below 5,000 containers
during the 2003 season.
For example, one of the varieties recommended for addition to the
variety-specific minimum size requirements is the White September
variety of nectarines, recommended for regulation at a minimum size 80.
Studies of the size ranges attained by the White September variety
revealed that 100 percent of the containers met the minimum size of 80
during the 2000, 2001, and 2002 seasons. Sizes ranged from size 40 to
size 80, with 24.7 percent of the fruit in the 40 sizes, 33.1 percent
of the packages in the 50 sizes, 38.9 percent in the 60 sizes, 3.3
percent in the 70 sizes, and 0 percent in the size 80, for the 2002
season. However, the fruit sized down to the 80 sizes during the two
previous seasons, and setting the minimum size at size 70 would not be
appropriate at this time.
A review of other varieties with the same harvesting period
indicated that the White September variety was also comparable to those
varieties in its size ranges for that time period. Discussions with
handlers known to handle the variety confirm this information regarding
minimum size and harvesting period, as well. Thus, the recommendation
to place the White September in the variety-specific minimum size
regulation at a minimum size 80 is appropriate. This recommendation
results from size studies conducted over a three-year period.
Historical data such as this provides the NAC with the information
necessary to recommend the appropriate sizes at which to regulate
various nectarine varieties. In addition, producers and handlers of the
varieties affected are personally invited to comment when such size
recommendations are
[[Page 41124]]
deliberated. Producer and handler comments are also considered at both
NAC and subcommittee meetings when the staff receives such comments,
either in writing or verbally.
For reasons similar to those discussed in the preceding paragraph,
the revision of the introductory text of paragraph (a)(4) of Sec.
916.356 continues in effect to include the Spring Ray variety; the
revision of the introductory text of paragraph (a)(5) of Sec. 916.356
continues in effect to include the Mango variety; and the revision of
the introductory text of paragraph (a)(6) of Sec. 916.356 continues in
effect to include the Arctic Gold, August Fire, Emelia, Honey Fire, Red
Pearl, Ruby Bright, and White September nectarine varieties.
This rule also continues in effect the revision of the introductory
text of paragraphs (a)(3), (a)(4), and (a)(6) of Sec. 916.356 to
remove five varieties from the variety-specific minimum size
requirements specified in these paragraphs because less than 5,000
containers of each of these varieties were produced during the 2003
season. Specifically, the revision of the introductory text of
paragraph (a)(3) of Sec. 916.356 continues in effect to remove the
Grand Sun nectarine variety; the revision of the introductory text of
paragraph (a)(4) of Sec. 916.356 continues in effect to remove the May
Grand and Red Glo nectarine varieties; and the revision of the
introductory text of paragraph (a)(6) of Sec. 916.356 continues in
effect to remove the Firebrite and Sun Diamond nectarine varieties.
Nectarine varieties removed from the nectarine variety-specific
minimum size requirements become subject to the non-listed variety size
requirements specified in paragraphs (a)(7), (a)(8), and (a)(9) of
Sec. 916.356.
Peaches: Section 917.459 of the order's rules and regulations
specifies minimum size requirements for fresh peaches in paragraphs
(a)(2) through (a)(6), and paragraphs (b) and (c). The revision of
Sec. 917.459 to establish variety-specific minimum size requirements
for 17 peach varieties that were produced in commercially significant
quantities of more than 10,000 containers for the first time during the
2003 season continues in effect. This rule also continues in effect the
removal of the variety-specific minimum size requirements for 14
varieties of peaches whose shipments fell below 5,000 containers during
the 2003 season.
For example, one of the varieties recommended for addition to the
variety-specific minimum size requirements is the Jupiter variety of
peaches, which was recommended for regulation at a minimum size 72.
Studies of the size ranges attained by the Jupiter variety revealed
that 100 percent of the containers met the minimum size of 72 during
the 2000, 2001, and 2002 seasons. The sizes ranged from size 30 to size
70, with 39.1 percent of the containers meeting the size 30, 31.1
percent meeting the size 40, 29.3 percent meeting the size 60, and .05
percent meeting the size 70.
A review of other varieties with the same harvesting period
indicated that the Jupiter variety was also comparable to those
varieties in its size ranges for that time period. Discussions with
handlers known to pack the variety confirm this information regarding
minimum size and the harvesting period, as well. Thus, the
recommendation to place the Jupiter variety in the variety-specific
minimum size regulation at a minimum size 72 is appropriate. This
recommendation, as with all other size recommendations for peaches,
results from size studies conducted over a three-year period.
Historical data such as this provides the PCC with the information
necessary to recommend the appropriate sizes at which to regulate
various peach varieties. In addition, producers and handlers of the
varieties affected are personally invited to comment when such size
recommendations are deliberated. Producer and handler comments are also
considered at both PCC and subcommittee meetings when the staff
receives such comments, either in writing or verbally.
For reasons similar to those discussed in the preceding paragraph,
the revision of the introductory text of paragraph (a)(5) of Sec.
917.459 continues in effect to include the Burpeachfourteen (Spring
Flame TM 20), Scarlet Queen, Sugar Time (214LC68), and the
Supecheight peach varieties; and the revision of the introductory text
of paragraph (a)(6) of Sec. 917.459 continues in effect to include the
Autumn Fire, Autumn Ruby, Burpeachseven (Summer Flame TM
29), Gypsy Red, Ice Princess, Jupiter, Late September Snow, Magenta
Gold, Pink Moon, Ruby Gold, Sugar Crisp, Sugar Red, and Sweet Blaze
peach varieties.
This rule also continues in effect the revision of the introductory
text of paragraph (a)(4) of Sec. 917.459 to remove the Snow Dance
peach variety; continues in effect the revision of the introductory
text of paragraph (a)(5) of Sec. 917.459 to remove the Happy Dream,
Kern Sun, Kingscrest, Pink Rose, Ray Crest, and Rich Mike peach
varieties; and continues in effect the revision of the introductory
paragraph (a)(6) of Sec. 917.459 to remove the Cassie, Flamecrest,
Kings Lady, Prima Peach XXV, Red Dancer, Sierra Lady, and Sweet Gem
peach varieties from the variety-specific minimum size requirements
specified in the section because less than 5,000 containers of each of
these varieties was produced during the 2003 season.
The removal of the Snow Dance peach variety from the introductory
text of paragraph (a)(4) of Sec. 917.459 results in no peach varieties
regulated at a minimum size 84 and continues in effect. This paragraph
is being reserved for future use. The committees may recommend new
peach varieties for regulation at this size in the future.
Peach varieties removed from the peach variety-specific minimum
size requirements become subject to the non-listed variety size
requirements specified in paragraphs (b) and (c) of Sec. 917.459.
The NAC and PCC recommended these changes in the minimum size
requirements based on a continuing review of the sizing and maturity
relationships for these nectarine and peach varieties, and the consumer
acceptance levels for various fruit sizes. This rule continues in
effect the establishment of minimum size requirements for fresh
nectarines and peaches consistent with expected crop and market
conditions.
Peento Type Peach Tolerances
The Tree Fruit Quality Subcommittee met on July 25, 2003, to
discuss a modified blossom-end growth crack tolerance for Peento type
peaches for the 2004 and subsequent seasons. Peento type peaches, also
known as donut peaches due to their characteristic flattened shape,
have been produced for a decade. Because of their genetic
characteristics, these flattened peaches are prone to blossom-end
growth cracks. These cracks heal while on the tree and do not affect
the edibility of the fruit. Since the 2000 season, this peach has been
provided an additional tolerance of 10 percent for well-healed, non-
serious blossom-end growth cracks. A grower who produces a large
quantity of Peento type peaches advised the subcommittee that adverse
weather in the spring of 2003 caused a larger than normal percentage of
his fruit to fail inspection even with the additional tolerance for
well-healed, non-serious blossom-end growth cracks.
The subcommittee deliberated whether to relax the tolerance for
blossom-end growth cracks, carefully weighing the grower's desire to
market as much of his crop as possible against the industry's desire of
assuring that quality peaches end up in the market place. In the end,
the subcommittee
[[Page 41125]]
decided that this was a minor defect that did not affect edibility,
contribute to internal breakdown, or dramatically detract from fruit
appearance, and recommended to the PCC that the tolerance be modified.
The modification allows for an unlimited amount of blossom-end cracking
as long as the cracks are well healed and do not exceed the aggregate
area of a circle \3/8\ of an inch in diameter and/or do not exceed a
depth that exposes the peach pit.
The PCC adopted the subcommittee's recommendation on blossom-end
growth cracks and recommended the relaxations to USDA. Continuation of
the relaxed requirements are expected to allow more fruit to be
marketed and to return more value to the producer.
This rule reflects the committees' and USDA's appraisal of the need
to revise the handling requirements for California nectarines and
peaches, as specified. USDA believes that continuing this rule in
effect will have a beneficial impact on producers, handlers, and
consumers of fresh California nectarines and peaches.
This rule continues in effect the establishment of handling
requirements for fresh California nectarines and peaches consistent
with expected crop and market conditions, and will help ensure that all
shipments of these fruits made each season will meet acceptable
handling requirements established under each of these orders. This rule
also will help the California nectarine and peach industries provide
fruit desired by consumers. This rule continues in effect the
establishment and maintenance of orderly marketing conditions for these
fruit in the interests of producers, handlers, and consumers.
Final 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 final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
Industry Information
There are approximately 250 California nectarine and peach handlers
subject to regulation under the orders covering nectarines and peaches
grown in California, and about 1,800 producers of these fruits in
California. Small agricultural service firms, which include handlers,
are defined by the Small Business Administration [13 CFR 121.201] as
those whose annual receipts are less than $5,000,000. Small
agricultural producers are defined by the Small Business Administration
as those having annual receipts of less than $750,000. A majority of
these handlers and producers may be classified as small entities.
The committees' staff has estimated that there are less than 20
handlers in the industry who could be defined as other than small
entities. For the 2003 season, the committees' staff estimated that the
average handler price received was $7.00 per container or container
equivalent of nectarines or peaches. A handler would have to ship at
least 714,286 containers to have annual receipts of $5,000,000. Given
data on shipments maintained by the committees' staff and the average
handler price received during the 2003 season, the committees' staff
estimates that small handlers represent approximately 94 percent of all
the handlers within the industry.
The committees' staff has also estimated that less than 20 percent
of the producers in the industry could be defined as other than small
entities. For the 2003 season, the committees' estimated the average
producer price received was $4.00 per container or container equivalent
for nectarines and peaches. A producer would have to produce at least
187,500 containers of nectarines and peaches to have annual receipts of
$750,000. Given data maintained by the committees' staff and the
average producer price received during the 2003 season, the committees'
staff estimates that small producers represent more than 80 percent of
the producers within the industry. With an average producer price of
$4.00 per container or container equivalent, and a combined packout of
nectarines and peaches of 44,202,600 containers, the value of the 2003
packout level is estimated to be $176,810,400. Dividing this total
estimated grower revenue figure by the estimated number of producers
(1,800) yields an estimate of average revenue per producer of about
$98,228 from the sales of peaches and nectarines.
Regulatory Revisions
Under Sec. Sec. 916.52 and 917.41 of the orders, grade, size,
maturity, container, container marking, and pack requirements are
established for fresh shipments of California nectarines and peaches,
respectively. Such requirements are in effect on a continuing basis.
The NAC and PCC met on November 12, 2003, and unanimously recommended
that these handling requirements be revised for the 2004 season. These
recommendations had been presented to the committees by various
subcommittees, each charged with review and discussion of the changes.
The changes: (1) Continue the lot stamping requirements which have been
in effect since the 2000 season; (2) authorize shipments of ``CA
Utility'' quality fruit to continue during the 2004 season; (3) revise
tolerances for blossom-end growth cracks for Peento type peaches; (4)
establish a minimum net weight for volume-filled, five down containers;
(5) add an additional container to the list of standard containers and
amend the dimensions of another container already regulated; and (6)
revise varietal maturity, quality, and size requirements to reflect
changes in growing and marketing practices. These changes continue in
effect until modified, suspended, or terminated.
Lot Stamping Requirements--Discussions and Alternatives
This rule continues in effect the authorization for continuation of
the lot stamping requirements for returnable plastic containers under
the marketing orders' rules and regulations that have been in effect
for such containers since the 2000 season for nectarine and peach
shipments. The modified requirements of Sec. Sec. 916.115 and 917.150
mandated that the lot stamp numbers be printed on a USDA-approved
pallet tag, in addition to the requirement that the lot stamp number be
applied to cards on all exposed or outside containers, and not less
than 75 percent of the total containers on a pallet. Continuation of
such requirements for the 2004 and beyond would help the inspection
service safeguard the identity of inspected and certified containers of
nectarines and peaches, and would help the industry by keeping in place
the information necessary to facilitate their ``trace-back'' program.
The Tree Fruit Quality Subcommittee met on October 23, 2003, and
considered possible alternatives to this action. Other alternatives
were rejected because the members of the subcommittee determined that
given the different styles and configurations of
[[Page 41126]]
RPCs available, having a satisfactory adhesive for placement of the
cards might not be realistic. Box manufacturers have been very slow to
respond to the industry's requests. The subcommittee recognized that as
time has passed, the likelihood of getting a suitable adhesive for the
cards has decreased significantly. Therefore, the subcommittee
determined that it was no longer appropriate to put this regulation
into effect annually. When the time comes that an adhesive for the
cards becomes available or another method for securing the lot stamp on
each container is found, the subcommittee determined that they would
make a recommendation to adjust this requirement.
For these reasons, the subcommittee and the committees unanimously
recommended continuing the requirement for the lot stamp number to be
printed on the cards on each container and for each pallet to be marked
with a USDA-approved pallet tag, also containing the lot stamp number
for the 2004 season and beyond. Such safeguards are intended to ensure
that all the containers on each pallet have been inspected and
certified in the event a card on an individual container or containers
is removed, misplaced, or lost.
Grade and Quality Requirements--Discussions and Alternatives
In 1996, Sec. Sec. 916.350 and 917.442 were revised to permit
shipments of ``CA Utility'' quality nectarines and peaches as an
experiment during that season only. Such shipments have subsequently
been permitted each season. Since 1996, shipments of ``CA Utility''
have ranged from 1 to 5 percent of total nectarine and peach shipments.
This rule continues in effect the authority to continue shipments of
``CA Utility'' quality nectarines and peaches during the 2004 season.
The Tree Fruit Quality Subcommittee met on October 23, 2003, and
unanimously agreed that the ``CA Utility'' quality requirements that
are currently in place should be continued. Also, not authorizing such
shipments would be an abrupt departure from their current practices.
The NAC and PCC also unanimously recommended such continuation at their
meetings on November 12, 2003, and have done so continuously since such
shipments were first authorized in 1996.
Container and Container Marking Requirements--Discussions and
Alternatives
Sections 916.350 and 917.442 establish container, pack, and marking
requirements for shipments of nectarines and peaches, respectively.
This rule continues in effect the changes to the pack and container
marking requirements of the orders' rules and regulations to establish
a minimum net weight of 29 pounds for all types of five down Euro
boxes.
This rule also continues in effect the changes to the pack and
container marking requirements to establish one new standard container
and to modify the dimensions of a standard container currently being
used by the industry.
During the 2003 season, the California Department of Food and
Agriculture assigned numbers to one new container, the No. 36, modified
the dimensions of the Euro five down container, and assigned that
container the No. 35. The new container and the modified dimensions of
the Euro five down container were then added to the California
Agricultural Code.
By standardizing containers, the State permits handlers to use a
new container for more than ten percent of their annual shipments.
Otherwise, the container would be considered an experimental container
for which handlers would have to file an application and limit
shipments in such containers to a maximum of ten percent of their total
seasonal shipments. Once containers are standardized within the
California Agricultural Code, they are historically added to the orders
so that regulated handlers may use them for packaging nectarines and
peaches.
At the meeting of the Tree Fruit Quality Subcommittee on October
23, 2003, the addition of these standardized boxes was discussed. The
members noted that these two boxes are used increasingly and may
continue to be, potentially replacing the older, more conventional
boxes. According to one member of the subcommittee, no handler really
wants to add extra boxes to the growing inventory of box sizes and
styles; but in practical terms, the retail customers prefer the newer
boxes, so they must be added to the list of available and standard
containers. The alternative of not adding the containers was
unacceptable because handlers would not have them available when
requested by their retail customers.
The Tree Fruit Quality Subcommittee also discussed the net weight
requirement for all five down Euro containers at its meeting on October
23, 2003. At that time, the subcommittee discussed results from the
2003 season during which both a 29- and 31-pound container had been
authorized. Experience of handlers during the season resulted in the
subcommittee's recommendation that only the 29-pound container continue
to be authorized. The subcommittee unanimously recommended the change
to the committees. The alternative would have meant that RPC five down
Euro containers would have been subject to both the 29- and 31-pound
net weight. In consideration of uniformity for five down Euro
containers, this alternative was rejected.
Minimum Maturity and Size Levels--Discussions and Alternatives
Sections 916.356 and 917.459 establish minimum maturity levels.
This rule continues in effect the annual adjustments to the maturity
requirements for several varieties of nectarines and peaches. Maturity
requirements are based on maturity measurements generally using
maturity guides (e.g., color chips), as recommended by SPI. Such
maturity guides are reviewed annually by SPI to determine the
appropriate guide for each nectarine and peach variety. These annual
adjustments reflect refinements in measurements of the maturity
characteristics of nectarines and peaches as experienced over previous
seasons' inspections. Adjustments in the guides utilized ensure that
fruit has met an acceptable level of maturity, ensuring consumer
satisfaction while benefiting nectarine and peach producers and
handlers.
Currently, in Sec. 916.356 of the nectarine order's rules and
regulations, and in Sec. 917.459 of the peach order's rules and
regulations, minimum sizes for various varieties of nectarines and
peaches, respectively, are established. This rule continues in effect
the adjustments to the minimum sizes authorized for various varieties
of nectarines and peaches for the 2004 season. Minimum size regulations
are put in place to encourage producers to leave fruit on the trees for
a longer period of time. This increased growing time not only improves
maturity, but also increases fruit size. Increased fruit size increases
the number of packed containers per acre, and coupled with heightened
maturity levels, also provides greater consumer satisfaction, fostering
repeat purchases. Such improved consumer satisfaction and repeat
purchases benefit both producers and handlers alike.
Annual adjustments to minimum sizes of nectarines and peaches, such
as these, are recommended by the NAC and PCC based upon historical
data, producer and handler information regarding sizes attained by
different varieties, and trends in consumer purchases.
[[Page 41127]]
An alternative to such action would include not establishing
minimum size regulations for these new varieties. Such an action,
however, would be a significant departure from the committees'
practices and represent a substantial change in the regulations as they
currently exist; would ultimately increase the amount of less
acceptable fruit being marketed to consumers; and would be contrary to
the long-term interests of producers, handlers, and consumers. For
these reasons, this alternative was not recommended.
Peento Type Peach Tolerances--Discussions and Alternatives
The Tree Fruit Quality Subcommittee met on July 25, 2003, to
discuss a modified growth-crack tolerance for Peento type peaches for
the 2004 and later seasons with a concerned grower. The grower advised
the subcommittee that weather problems created some anomalies for his
2003 crop of Peento type peaches. A larger-than-normal percentage of
his fruit failed inspection during the 2003 season because of blossom-
end growth cracks. This type of peach is prone to such cracks. However,
the cracks do not affect the edibility of the fruit, contribute to
internal breakdown, or detract from the appearance of the fruit unless
the cracks are unusually large or deep.
The subcommittee deliberated whether to relax the tolerance for
blossom end growth cracks for the 2004 season, carefully weighing the
grower's need to have a crop to market and the need to maintain a
quality product in the market place. In the end, the subcommittee
determined that peaches of the Peento type should be permitted blossom-
end cracking as long as the cracks are well healed, do not exceed the
aggregate area of a circle \3/8\ inch in diameter, and/or do not exceed
a depth that exposes the pit. This relaxation is in lieu of the
previous requirement that Peento type peaches should be permitted a 10
percent tolerance for well-healed, non-serious, blossom-end growth
cracks.
The PCC agreed with the subcommittee and recommended that the
current tolerance for blossom-end growth cracks on Peento type peaches
be revised to meet the demands of the growers and buyers of these
unique peaches.
An alternative to this action would have been to leave these
requirements unchanged. However, this would have meant that the growers
of these fruits would be restricted in marketing them, since these
fruits exhibit an increased propensity for blossom-end growth cracks,
which are only a cosmetic defect. The relaxation is expected to allow
more of these peaches to be marketed and to improve producer returns.
The committees make recommendations regarding the revisions in
handling and lot stamping requirements after considering all available
information, including recommendations by various subcommittees,
comments of persons at subcommittee meetings, and comments received by
committee staff. Such subcommittees include the Tree Fruit Quality
Subcommittee, the Marketing Order Amendment Task Force, and the
Executive Committee.
At the meetings, the impact of and alternatives to these
recommendations are deliberated. These subcommittees, like the
committees themselves, frequently consist of individual producers and
handlers with many years of experience in the industry who are familiar
with industry practices and trends. Like all committee meetings,
subcommittee meetings are open to the public and comments are widely
solicited. In the case of the Tree Fruit Quality Subcommittee, many
growers and handlers who are affected by the issues discussed by the
subcommittee attend and actively participate in the public
deliberations, or call and/or write in their concerns and comments to
the staff for presentation at the meetings. In addition, minutes of all
subcommittee meetings are distributed to committee members and others
who have requested them and are available on the committees' Web site,
thereby increasing the availability of information within the industry.
An interim final rule concerning this action was published in the
Federal Register on March 25, 2004. Copies of the rule were posted on
the committees' Web site and were also made available through the
Internet by USDA and the Office of the Federal Register. That rule
provided for a 60-day comment period, which ended on May 24, 2004. Two
comments were submitted on the rule.
First, a commenter noted that the Spring Ray nectarine variety name
should be changed to include the patented name, Burnectone. This rule
changes the name in Table 1 of paragraph (a)(1)(iv) in Sec. 916.356
and in the introductory text of paragraph (a)(4) of Sec. 916.356.
The commenter also noted that the peach varieties referred to as
91002 and 012-094 in Sec. 917.459 (a)(2) and (a)(5) should be changed
to include their patented names Supechsix and Supecheight,
respectively. The peach variety name, Supecheight, in paragraph (a)(5)
of Sec. 917.459, is changed by adding the patented name ``012-094'' in
parentheses, Supecheight (012-094). The correction of paragraph (a)(2)
of Sec. 917.459 will be made to remove the name ``91002'' and add the
name ``Supechsix (91002)''.
The interim final rule identified both the Mango and the Honey Dew
nectarine varieties as requiring the stem cavity color to be ``breaking
yellowish-green.'' The commenter noted that the NAC recommended only
the Honey Dew nectarine variety for this designation and asked for a
correction on the appropriate ``ground color'' requirement for the
Mango variety nectarines. However, at the NAC meeting where this matter
was discussed, the Federal or Federal-State Inspection Service, which
includes SPI, recommended that this ground color requirement apply to
both varieties of nectarines. As earlier mentioned, maturity
requirements are based on maturity measurements generally using
maturity guides (e.g., color chips), as recommended by SPI. Such
maturity guides are reviewed annually by SPI to determine the
appropriate guide for each nectarine variety. These annual adjustments
reflect refinements in measurements of the maturity characteristics of
nectarines as experienced over previous seasons' inspections. For these
reasons, the language in the interim final rule requiring both the
Honey Dew and Mango nectarine varieties to exhibit ``breaking
yellowish-green'' color in their stem cavities remains as published.
The commenter also asked for placement of an asterisk in the
``Note'' footnote at the end of Table 1 of paragraph (a)(1)(iv) in
Sec. 916.356 prior to the statement: ``Predominant ground color must
be breaking yellowish green.'' Apparently, this asterisk was omitted in
the publication of the interim final rule and has been added.
The commenter noted, too, that the term ``California Well-Matured''
was incorrectly referred to as ``California Well-Mature'' in the
``Note'' at the end of Table 1 of paragraph (a)(1)(iv) in Sec. 916.356
and the ``Note'' at the end of Table 1 of paragraph (a)(1)(iv) of Sec.
917.459. Those corrections have been made, as well.
In the second comment, the commenter noted his support for the lot
stamping requirements, container and pack requirements, the authority
to ship ``CA Utility'' quality fruit, and maturity requirements in the
interim final rule.
Each of the recommended handling requirement changes for the 2004
season is expected to generate financial benefits for producers and
handlers through
[[Page 41128]]
increased fruit sales, compared to the situation that would exist if
the changes were not adopted. Both large and small entities are
expected to benefit from the changes, and the costs of compliance are
not expected to be substantially different between large and small
entities.
This rule does not impose any additional reporting and
recordkeeping requirements on either small or large handlers. As with
all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule. However, as previously stated,
nectarines and peaches under the orders have to meet certain
requirements set forth in the standards issued under the Agricultural
Marketing Act of 1946 (7 CFR 1621 et seq.). Standards issued under the
Agricultural Marketing Act of 1946 are otherwise voluntary.
In addition, the committees' meetings are widely publicized
throughout the nectarine and peach industry and all interested parties
are encouraged to attend and participate in committee deliberations on
all issues. These meetings are held annually in the fall and spring.
Like all committee meetings, the November 12, 2003, meetings were
public meetings, and all entities, large and small, were encouraged to
express views on these issues. These regulations were also reviewed and
thoroughly discussed at subcommittee meetings held on July 25, October
1, and October 23, 2003. Finally, interested persons were invited to
submit information on the regulatory and informational impacts 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 the
following Web site: 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.
After consideration of all relevant matters presented, the
information and recommendations submitted by the committees, comments
received, and other information, it is found that finalizing the
interim final rule, with changes, as published in the Federal Register,
(69 FR 15641, March 25, 2004) will tend to effectuate the declared
policy of the Act.
List of Subjects
7 CFR Part 916
Marketing agreements, Nectarines, Reporting and recordkeeping
requirements.
7 CFR Part 917
Marketing agreements, Peaches, Pears, Reporting and recordkeeping
requirements.
0
Accordingly, the interim final rule amending 7 CFR parts 916 and 917,
which was published at 69 FR 15641 on March 25, 2004, is adopted as a
final rule with the following changes:
PART 916--NECTARINES GROWN IN CALIFORNIA
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
0
1. The authority citation for 7 CFR parts 916 and 917 continues to read
as follows:
Authority: 7 U.S.C. 601-674.
PART 916--NECTARINES GROWN IN CALIFORNIA
Sec. 916.356 [Amended]
0
2. Section 916.356 is amended by:
0
A. Removing the entry ``Spring Ray'' and adding in alphabetical order
the entry ``Burnectone (Spring Ray)'' in Table 1, paragraph (a)(1)(iv);
0
B. Removing the words ``California Well-Mature'' in the ``Note''
following Table 1, paragraph (a)(1)(iv), and adding the words
``California Well-Matured'' in their place;
0
C. Adding an asterisk before the words ``Predominant ground color must
be breaking yellowish green'' in the ``Note'' following Table 1,
paragraph (a)(1)(iv); and
0
D. Removing the words ``Spring Ray'' and adding the words ``Burnectone
(Spring Ray)'' in alphabetical order in paragraph (a)(4) introductory
text.
* * * * *
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
Sec. 917.459 [Amended]
0
4. Section 917.459 is amended by:
0
A. Removing the words ``California Well-Mature'' in the ``Note''
following Table 1, paragraph (a)(1)(iv), and adding the words
``California Well-Matured'' in their place;
0
B. Removing the number ``91002'' in paragraph (a)(2) and adding
``Supechsix (91002)'' in its place;
0
C. Removing the number ``012-094'' in paragraph (a)(5); and
0
D. Removing the word ``Supecheight'' and adding ``Supecheight (012-
094)'' in its place in paragraph (a)(5).
Dated: June 30, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-15332 Filed 7-6-04; 8:45 am]
BILLING CODE 3410-02-P