[Federal Register: March 31, 2005 (Volume 70, Number 61)]
[Rules and Regulations]
[Page 16383-16392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr05-1]
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Rules and Regulations
Federal Register
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[[Page 16383]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. FV05-916-1 IFR]
Nectarines and Peaches Grown in California; Revision of Handling
Requirements for Fresh Nectarines and Peaches
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule revises the handling requirements for California
nectarines and peaches by modifying the grade, size, maturity, and pack
requirements for fresh shipments of these fruits, beginning with 2005
season shipments. This rule also authorizes continued shipments of ``CA
Utility'' quality nectarines and peaches, and revises weight-count
standards for fruit in volume-filled containers. 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 to ship fresh nectarines and peaches in a manner that meets
consumer needs, increases returns to producers and handlers, and
reflects current industry practices.
DATES: Effective April 1, 2005. Comments received by May 31, 2005, will
be considered prior to issuance of any final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk, 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 or http://www.regulations.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 at 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: Laurel May, 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, grade, size, maturity, pack and container
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 December 7, 2004, and unanimously
recommended that these handling requirements be revised for the 2005
season, which begins about the first or second week of April. The
changes: (1) Revise varietal maturity, quality, and size requirements
to better reflect current industry practices; (2) authorize continued
shipments of ``CA Utility'' quality fruit during the 2005 season; and
(3) adjust weight-count standards for fruit packed in volume-filled
containers.
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 December 7,
2004. 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' meetings because the nectarine and
[[Page 16384]]
peach trees were dormant. The committees will recommend a crop estimate
at their meetings in early spring. However, preliminary estimates
indicate that the 2005 crop will be slightly larger than the 2004 crop,
which totaled approximately 19,904,500 containers of nectarines and
20,518,400 containers of peaches.
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 revises Sec. Sec. 916.350, 916.356, 917.442, and 917.459
to permit continued shipments of nectarines and peaches meeting ``CA
Utility'' quality requirements during the 2005 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 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 November 30, 2004, 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 December 7, 2004, meetings to
authorize continued shipments of ``CA Utility'' quality fruit during
the 2005 season.
Accordingly, based upon the recommendations, paragraph (d) of
Sec. Sec. 916.350 and 917.442, and paragraph (a)(1) of Sec. Sec.
916.356 and 917.459 are revised to permit shipments of nectarines and
peaches meeting ``CA Utility'' quality requirements during the 2005
season, on the same basis as shipments since the 2000 season.
Maturity Requirements
In Sec. Sec. 916.52 and 917.41, authority is also 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, along with
other maturity tests as applied by the inspection service). 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 2005 handling regulations are the same as
those that appeared in the 2004 handling regulations with a few
exceptions. Those exceptions are explained in this rule.
Nectarines: Requirements for ``well-matured'' nectarines are
specified in Sec. 916.356 of the order's rules and regulations. This
rule revises Table 1 of paragraph (a)(1)(iv) of Sec. 916.356 to add
maturity guides for eleven varieties of nectarines. Specifically, SPI
recommended adding maturity guides for the Crimson Baby variety to be
regulated at the G maturity guide; for the Alta Red, Grand Candy, Kay
Glo, Kay Sweet, Red Roy and Shay Sweet varieties at the J maturity
guide; and for the August Fire, Candy Gold, Prince Jim I and Sugar
Queen varieties to be regulated at the L maturity guide.
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 revises
Table 1 of paragraph (a)(1)(iv) of Sec. 917.459 to add maturity guides
for six peach varieties. Specifically, SPI recommended adding maturity
guides for the Island Princess variety to be regulated at the H
maturity guide; the Bev's Red variety to be regulated at the I maturity
guide; and the Prima Peach IV, Spring Gem, Sweet Amber, and Zee Diamond
varieties to be regulated at the J maturity guide.
The NAC also recommended adding the Burpeachtwo (Henry II [reg])
variety to the table for regulation at the J maturity guide, but that
variety had already been added to the table for regulation at the J
maturity guide in 2004 (7 July 2004, 69 FR 41120). Therefore, only six
varieties are being added at this time. Table 1 of paragraph (a)(1)(iv)
of Sec. 917.459 will be revised to reflect these recommendations.
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 authority (in Sec. Sec. 916.52 and 917.41) 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
[[Page 16385]]
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 revises 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 2004 season.
This rule also removes the variety-specific minimum size requirements
for fifteen varieties of nectarines whose shipments fell below 5,000
containers during the 2004 season.
For example, one of the varieties recommended for addition to the
variety-specific minimum size requirements is the La Pinta variety of
nectarines, recommended for regulation at a minimum size 80. Studies of
the size ranges attained by the La Pinta variety revealed that 100
percent of the containers met the minimum size of 80 during the 2001,
2002, and 2003 seasons. Sizes ranged from size 30 to size 80, with 4.9
percent of the fruit in the 30 sizes, 34.3 percent of the packages in
the 40 sizes, 41.1 percent in the 50 sizes, 19.5 percent in the 60
sizes, 0.2 percent in the 70 sizes and 0 percent in the size 80, for
the 2003 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 La Pinta 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 La Pinta variety 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 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 introductory text of paragraph (a)(3) of Sec. 916.356 is revised
to include the Red Jewel and Zee Fire varieties; the introductory text
of paragraph (a)(4) of Sec. 916.356 is revised to include the Diamond
Pearl and Kay Fire varieties; and the introductory text of paragraph
(a)(6) of Sec. 916.356 is revised to include the Burnectfour (Summer
Flare [reg] 35), Burnectseven (Summer Flare [reg] 28), Honey Dew, La
Pinta and Mike's Red nectarine varieties.
This rule also revises the introductory text of paragraphs (a)(3),
(a)(4), (a)(5) and (a)(6) of Sec. 916.356 to remove fifteen 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 2004 season. Specifically, the
introductory text of paragraph (a)(3) of Sec. 916.356 is revised to
remove the May Kist nectarine variety; the introductory text of
paragraph (a)(4) of Sec. 916.356 is revised to remove the Sparkling
May and White Sun nectarine varieties; the introductory text of
paragraph (a)(5) is revised to remove the Red May nectarine variety;
and the introductory text of paragraph (a)(6) of Sec. 916.356 is
revised to remove the Candy Sweet, Flame Glo, Grand Diamond, June Lion,
King Jim, Ruby Bright, Scarlet Red, Summer Jewel, Sunny Red, Sweet
White and White September 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). This rule revises
Sec. 917.459 to establish variety-specific minimum size requirements
for thirteen peach varieties that were produced in commercially
significant quantities of more than 10,000 containers for the first
time during the 2004 season. This rule also removes the variety-
specific minimum size requirements for ten varieties of peaches whose
shipments fell below 5,000 containers during the 2004 season.
For example, one of the varieties recommended for addition to the
variety-specific minimum size requirements is the Ivory Queen variety
of peaches, which was recommended for regulation at a minimum size 80.
Studies of the size ranges attained by the Ivory Queen variety revealed
that 100 percent of the containers met the minimum size of 80 during
the 2002 and 2003 seasons. The sizes ranged from size 30 to size 80,
with 0.3 percent of the containers meeting the size 30, 36.1 percent
meeting the size 40, 47.7 percent meeting the size 50, 13.1 percent
meeting the size 60, 2.2 percent meeting the size 70 and 0.5 percent
meeting the size 80 in the 2003 season.
A review of other varieties with the same harvesting period
indicated that the Ivory Queen 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 Ivory Queen variety in the variety-specific
minimum size regulation at a minimum size 80 is appropriate. Although
most other size recommendations for peaches result from size studies
conducted over a three-year period, data on the Ivory Queen variety for
earlier years is not available because the plantings of this variety
did not bear fruit before 2002. Unusually large plantings of the Ivory
Queen variety led to the rapid production of over 10,000 containers in
just two years, and indicated inclusion in the variety-specific minimum
size requirements.
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 introductory text of paragraph (a)(2) of Sec. 917.459 is revised
to include the April Snow and Sugar Snow peach varieties; the
introductory text of paragraph (a)(5) of Sec. 917.459 is revised to
include the Ivory Queen peach variety; and the introductory text of
paragraph (a)(6) of Sec. 917.459 is revised to include the Autumn
Rich, Cherry Red, Crimson Queen, Early O'Henry, Henry III, Henry IV,
Last Tango, Ruby Queen, Sierra Rich and 244LE379 peach varieties.
This rule also revises the introductory text of paragraph (a)(5) of
Sec. 917.459 to remove the Redtop, Sugar May and 172LE White Peach
(Crimson Snow/Sunny Snow) peach varieties; and revises the introductory
paragraph (a)(6)
[[Page 16386]]
of Sec. 917.459 to remove the Autumn Fire, Fairtime, June Pride, Late
September Snow, Queen Lady, Ruby Gold and Sugar Red 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 2004 season.
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 is designed to
establish minimum size requirements for fresh nectarines and peaches
consistent with expected crop and market conditions.
Weight-Count Standards
Under the provisions of Sec. Sec. 916.52 and 917.41 of the orders,
the NAC and PCC, respectively, are also authorized to establish weight-
count standards for packed containers of fruit. These standards define
a maximum number of peaches in a 16-pound sample when such fruit, which
may be packed in tray-packed containers, is converted to volume-filled
containers. In Sec. Sec. 916.350 and 917.442 of the orders' rules and
regulations, weight-count standards are established for all varieties
of nectarines and peaches (except the Peento type peaches), in TABLES 1
and 2 of paragraph (a)(5)(iv).
Weight-count standards differ for fruit packed early in the season
and that packed later. Earlier fruit tends to be less dense than later
fruit. While the earlier fruit sizes are adequate to fill the tray
cavities in tray-packed containers, more pieces of fruit are required
to meet the 16-pound sample standard for volume-filled fruit. The NAC
and PCC routinely conduct tests to determine the optimum weight-count
standards for early, mid-season and late-season fruit. Occasionally,
adjustments are made to the weight-count standards to ensure
equivalence between the pack styles and permit handlers to more easily
convert tray-packed fruit to volume-filled containers.
Weight-count standards have also differed between nectarine and
peaches historically because of the difference in shape between the two
commodities. However, continued breeding of the two fruits has resulted
in more uniformity of shape and size between the two. In response to
consumer needs, handlers have sought a more generic sizing system to
apply to both nectarines and peaches.
Finally, the industry has recently adopted a new packing container
with dimensions different from those previously used. Conforming
changes to the trays used to pack the fruit into the new containers
resulted in reductions in cavity sizes in some cases to accommodate the
same fruit counts as in the old containers. This led to a wider
discrepancy between the sizes of fruit packed in both pack styles
throughout the season.
In an effort to provide a more generic sizing of the two
commodities, to smooth the transition from early-season to mid-season
and late-season fruit sizes, and to standardize the conversion from
tray-packing to volume-filling fruit, the committees' staff conducted
weight-count surveys during the 2004 packing season. With the data
collected, they were able to determine the most optimum weight-counts
for containers of volume-filled nectarines and peaches of various fruit
sizes throughout the season, given the new containers and trays. The
committees' staff prepared new weight-count tables, which were reviewed
by the Size Nomenclature Review Group at their meetings on September 3
and September 21, 2004, and by the Tree Fruit Quality Subcommittee at
their meetings on September 13, November 9, and November 30, 2004. At
their meetings on December 7, 2004, both the NAC and PCC unanimously
recommended revision of the weight-count standards tables in the
orders' rules and regulations to reflect the staff's findings.
Nectarines: This rule revises Tables 1 and 2 of paragraph
(a)(5)(iv) of Sec. 916.350. Such revisions require conforming
modifications to the text of Sec. 916.356, paragraphs (a)(4)(ii),
(a)(6)(ii), (a)(8)(ii), and (a)(9)(ii) by increasing the maximum number
of nectarines in a 16-pound sample for the sizes regulated in those
paragraphs.
Peaches: Similarly, this rule revises Tables 1 and 2 of paragraph
(a)(5)(iv) of Sec. 917.442 to reflect the staff's study findings.
Additionally, two new weight-count standards for peaches are added to
the tables. These two new standards are for large sizes previously
without weight-count assignments, and were determined from the data
collected.
Such revisions require conforming modifications to the text of
Sec. 917.459, paragraph (a)(5)(iii), increasing the maximum number of
peaches in a 16-pound sample for the size regulated in that paragraph.
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 this rule will have a
beneficial impact on producers, handlers, and consumers of fresh
California nectarines and peaches.
This rule establishes 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. The changes: (1) Revise varietal maturity,
quality, and size requirements to better reflect current industry
practices; (2) authorize continued shipments of ``CA Utility'' quality
fruit during the 2005 season; and (3) adjust weight-count standards for
fruit packed in volume-filled containers. This rule will also help the
California nectarine and peach industries to provide fruit desired by
consumers. This rule was unanimously recommended by the committees at
their meetings on December 7, 2004, and is designed to establish and
maintain orderly marketing conditions for these fruits in the interests
of producers, handlers, and consumers.
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.
Industry Information
There are approximately 207 California nectarine and peach handlers
subject to regulation under the orders covering nectarines and peaches
grown in California, and about 1,500 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
[[Page 16387]]
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 fewer than 26
handlers in the industry who could be defined as other than small
entities. For the 2004 season, the committees' staff estimated that the
average handler price received was $8.00 per container or container
equivalent of nectarines or peaches. A handler would have to ship at
least 625,000 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 2004 season, the committees' staff
estimates that small handlers represent approximately 87 percent of all
the handlers within the industry.
The committees' staff has also estimated that fewer than 20 percent
of the producers in the industry could be defined as other than small
entities. For the 2004 season, the committees estimated the average
producer price received was $5.00 per container or container equivalent
for nectarines and peaches. A producer would have to produce at least
150,000 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 2004 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 $5.00 per container or container
equivalent, and a combined packout of nectarines and peaches of
approximately 40,422,900 containers, the value of the 2004 packout is
estimated to be $202,114,500. Dividing this total estimated grower
revenue figure by the estimated number of producers (1,500) yields an
estimate of average revenue per producer of about $134,743 from the
sales of peaches and nectarines.
Regulatory Revisions
Under Sec. Sec. 916.52 and 917.41 of the orders, grade, size,
maturity, container 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 December 7, 2004, and unanimously recommended that these handling
requirements be revised for the 2005 season. These recommendations had
been presented to the committees by various subcommittees, each charged
with review and discussion of the changes. The changes: (1) Authorize
shipments of ``CA Utility'' quality fruit to continue during the 2005
season; (2) adjust weight-count standards for fruit in volume filled
containers; and (3) revise varietal maturity, quality, and size
requirements to reflect changes in production and marketing practices.
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 the 1996 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 authorizes continued shipments of ``CA Utility''
quality nectarines and peaches during the 2005 season.
The Tree Fruit Quality Subcommittee met on November 30, 2004, and
unanimously agreed that the ``CA Utility'' quality requirements that
are currently in place should be continued. The NAC and PCC also
unanimously recommended such continuation at their meetings on December
7, 2004, and have done so continuously since such shipments were first
authorized in 1996.
Minimum Maturity and Size Levels--Discussions and Alternatives
Sections 916.356 and 917.459 establish minimum maturity levels.
This rule makes 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 Shipping Point Inspection. 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 makes adjustments to
the minimum sizes authorized for various varieties of nectarines and
peaches for the 2005 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.
An alternative to such action would include not establishing
minimum size regulations for these new varieties. Such an action 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.
Weight-Count Standards--Discussions and Alternatives
Sections 916.350 and 917.442 also establish weight-count standards
for fruit packed in volume-filled containers. These standards define a
maximum number of peaches in a 16-pound sample when such fruit, which
may be packed in tray-packed containers, is converted to volume-filled
containers.
Industry-wide adoption of a new container led to the
reconfiguration of the trays commonly used in packing tray-packed
containers. Some of the tray cavity sizes were modified to conform to
the dimensions of the new container. These modifications resulted in
slightly smaller fruit being packed into some sizes, which led to an
unacceptable discrepancy between the sizes of fruit packed in volume-
filled containers and that in tray-packed containers.
Additionally, the difference in density between early-season and
mid-season to late-season fruit causes an abrupt change in sizes during
the seasonal transition. Handlers have reported that marketing through
that period is difficult because of the discrepancy between sizes of
earlier fruit and later fruit, and have sought a modified sizing method
that would smooth that transition.
[[Page 16388]]
Finally, continuous breeding has led to an increasing similarity of
fruit shapes between nectarines and peaches. The committees desire to
develop a more uniform sizing system.
The Size Nomenclature Review Group met several times during 2003
and 2004 to discuss revision of the weight-count standards. Although
the group considered the transition to a per pound sizing system
similar to that used by the plum industry, they felt that the nectarine
and peach industries would be better served by adjusting the weight-
count standards already in place. The Size Nomenclature Review Group
also believed that they could recommend modifications to the standards
that would smooth the marketing transition between varieties packed in
the early season and those packed in the mid-season to late-season.
The committee staff was directed to collect data during the 2004
season from which revision recommendations could be made. Extensive
sampling of both nectarines and peaches of various sizes provided the
information needed for the committee to make recommendations regarding
revisions to the weight-count standards. The Tree Fruit Quality
Subcommittee voted unanimously to recommend the adjustments to the NAC
and PCC at their meeting on November 9, 2004. The NAC and PCC
unanimously recommended the changes to the regulations at their meeting
on December 7, 2004.
The committees discussed various alternatives to this action,
including leaving the weight-count standards unchanged or adopting a
per-pound fruit sizing system similar to that used in the plum
industry. However, the committees believe that failure to make changes
would not take into account differences between the various pack
styles. Also, the data collected did not support adoption of a per-
pound fruit sizing system at this time. The committees believe that the
recommended changes to the weight-count standards will provide for
better uniformity of sizes between fruit packed in volume-filled
containers and fruit packed in tray-packed containers, will smooth the
transition from early-season to mid-season and late-season fruit for
marketers, and will more closely align fruit sizes between nectarines
and peaches.
The committees make recommendations regarding the revisions in
handling 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
Size Nomenclature Review Group, 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 also available on the committees'
website, thereby increasing the availability of information within the
industry.
Each of the recommended handling requirement changes for the 2005
season is expected to generate financial benefits for producers and
handlers through 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, winter and
spring. Like all committee meetings, the December 7, 2004, 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
August 26, September 13, November 9 and November 30, 2004. Finally,
interested persons are 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.
This rule invites comments on changes to the handling requirements
currently prescribed under the marketing orders for California fresh
nectarines and peaches. Any comments received will be considered prior
to finalization of this rule.
After consideration of all relevant matters presented, the
information and recommendations submitted by the committees, 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) California nectarine and peach producers
and handlers should be apprised of this rule as soon as possible, since
shipments of these fruits are expected to begin in early April; (2)
this rule relaxes grade requirements for nectarines and peaches; (3)
appropriate subcommittees met and made recommendations to the
committees, the committees met and unanimously recommended these
changes at public meetings, and interested persons had opportunities to
provide input at all those meetings; and (4) the rule provides a 60-day
comment period, and any written comments timely received will be
considered prior to any finalization of this interim final rule.
[[Page 16389]]
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
For the reasons set forth in the preamble, 7 CFR parts 916 and 917 are
amended as follows:
PART 916--NECTARINES 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.
0
2. Section 916.350 is amended by:
0
A. Revising Tables 1 and 2 in paragraph (a)(5)(iv); and
0
B. Revising paragraph (d) to read as follows:
Sec. 916.350 California nectarine container and pack regulation.
(a) * * *
(5) * * *
(iv) * * *
Table 1.--Weight Count Standards for All Varieties of Nectarines Packed
in Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
Column B--
Maximum number
of nectarines
in a 16-pound
sample
applicable to
varieties
specified in
Column A-- Tray pack size designation paragraphs
(a)(2)(ii),
(a)(3)(ii),
(a)(4)(ii),
(a)(5)(ii),
(a)(7)(ii),
and (a)(8)(ii)
of Sec.
916.356
------------------------------------------------------------------------
108..................................................... 100
96...................................................... 90
88...................................................... 84
84...................................................... 78
80...................................................... 75
72...................................................... 68
70...................................................... 63
64...................................................... 57
60...................................................... 53
56...................................................... 48
54...................................................... 45
50...................................................... 42
48...................................................... 41
44...................................................... 36
42...................................................... 34
40...................................................... 32
36...................................................... 29
34...................................................... 27
32...................................................... 25
30...................................................... 23
------------------------------------------------------------------------
Table 2.--Weight-Count Standards for All Varieties of Nectarines Packed
in Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
Column B--
Maximum Number
of nectarines
in a 16-pound
sample
applicable to
Column A-- Tray pack size designation varieties
specified in
paragraphs
(a)(6)(ii) and
(a)(9)(ii) of
Sec. 916.356
------------------------------------------------------------------------
108..................................................... 92
96...................................................... 87
88...................................................... 80
84...................................................... 76
80...................................................... 72
72...................................................... 65
70...................................................... 62
64...................................................... 56
60...................................................... 53
56...................................................... 47
54...................................................... 45
50...................................................... 42
48...................................................... 41
44...................................................... 36
42...................................................... 34
40...................................................... 32
36...................................................... 29
34...................................................... 27
32...................................................... 25
30...................................................... 23
------------------------------------------------------------------------
* * * * *
(d) During the period April 1 through October 31, 2005, each
container or package when packed with nectarines meeting the ``CA
Utility'' quality requirements, shall bear the words ``CA Utility,''
along with all other required container markings, in letters at least
\3/8\ inch in height on the visible display panel. Consumer bags or
packages must also be clearly marked on the consumer bags or packages
as ``CA Utility,'' along with all other required markings, in letters
at least \3/8\ inch in height.
0
3. Section 916.356 is amended by:
0
A. Revising the introductory text of paragraph (a)(1);
0
B. Revising Table 1; and
0
C. Revising the introductory text of paragraphs (a)(3), (a)(4), (a)(5),
and (a)(6); and
0
D. Revising paragraphs (a)(4)(ii), (a)(6)(ii), (a)(8)(ii), and
(a)(9)(ii) to read as follows:
Sec. 916.356 California nectarine grade and size regulation.
(a) * * *
(1) Any lot or package or container of any variety of nectarines
unless such nectarines meet the requirements of U.S. No. 1 grade:
Provided, That nectarines 2 inches in diameter or smaller, shall not
have fairly light-colored, fairly smooth scars which exceed an
aggregate area of a circle 3/8 inch in diameter, and nectarines larger
than 2 inches in diameter shall not have fairly light-colored, fairly
smooth scars which exceed an aggregate area of a circle 1/2 inch in
diameter: Provided further, That an additional tolerance of 25 percent
shall be permitted for fruit that is not well formed but not badly
misshapen: Provided further, That all varieties of nectarines which
fail to meet the U.S. No. 1 grade only on account of lack of blush or
red color due to varietal characteristics shall be considered as
meeting the requirements of this subpart: Provided further, That during
the period April 1 through October 31, 2005, any handler may handle
nectarines if such nectarines meet ``CA Utility'' quality requirements.
The term ``CA Utility'' means that not more than 40 percent of the
nectarines in any container meet or exceed the requirements of the U.S.
No. 1 grade, except that when more than 30 percent of the nectarines in
any container meet or exceed the requirements of the U.S. No. 1 grade,
the additional 10 percent shall have non-scoreable blemishes as
determined when applying the U.S. Standards for Grades of Nectarines;
and that such nectarines are mature and are:
* * * * *
(iv) * * *
[[Page 16390]]
Table 1
------------------------------------------------------------------------
Column A variety Column B maturity guide
------------------------------------------------------------------------
Alshir Red................................. J
Alta Red................................... J
April Glo.................................. H
August Fire................................ L
August Glo................................. L
August Lion................................ J
August Red................................. J
Aurelio Grand.............................. F
Autumn Delight............................. L
Big Jim.................................... J
Candy Gold................................. L
Crimson Baby............................... G
Diamond Bright............................. J
Diamond Jewel.............................. L
Diamond Ray................................ L
Earliglo................................... I
Early Diamond.............................. J
Early Red Jim.............................. J
Early Sungrand............................. H
Emelia..................................... J
Fairlane................................... L
Fantasia................................... J
Firebrite.................................. H
Fire Sweet................................. J
Flame Glo.................................. L
Flamekist.................................. L
Flaming Red................................ K
Flavortop.................................. J
Gee Sweet.................................. L
Grand Candy................................ J
Grand Diamond.............................. L
Grand Sweet................................ J
Gran Sun................................... L
Honey Blaze................................ J
Honey Dew.................................. B *
Honey Fire................................. L
Honey Kist................................. I
Honey Royale............................... J
July Red................................... L
June Brite................................. I
June Candy................................. K
Juneglo.................................... H
Kay Diamond................................ L
Kay Glo.................................... J
Kay Sweet.................................. J
King Jim................................... L
Kism Grand................................. J
Late Le Grand.............................. L
Late Red Jim............................... J
Mango...................................... B *
May Diamond................................ I
May Fire................................... H
Mayglo..................................... H
May Grand.................................. H
May Kist................................... H
Mid Glo.................................... L
Moon Grand................................. L
Niagra Grand............................... H
P-R Red.................................... L
Prince Jim................................. L
Prince Jim I............................... L
Prima Diamond XIII......................... L
Red Delight................................ I
Red Diamond................................ L
Red Fred................................... J
Red Free................................... L
Red Glen................................... J
Red Glo.................................... I
Red Jewel.................................. L
Red Jim.................................... L
Red May.................................... J
Red Roy.................................... J
Regal Red.................................. K
Rio Red.................................... L
Rose Diamond............................... J
Royal Giant................................ I
Royal Glo.................................. I
Ruby Diamond............................... L
Ruby Grand................................. J
Ruby Sun................................... J
Ruby Sweet................................. J
Scarlet Red................................ K
September Free............................. J
September Grand............................ L
September Red.............................. L
Shay Sweet................................. J
Sheri Red.................................. J
Sparkling June............................. L
Sparkling May.............................. J
Sparkling Red.............................. L
Spring Bright.............................. L
Spring Diamond............................. L
Spring Ray................................. L
Spring Red................................. H
Spring Sweet............................... J
Star Brite................................. J
Sugar Queen................................ L
Summer Beaut............................... H
Summer Blush............................... J
Summer Bright.............................. J
Summer Diamond............................. L
Summer Fire................................ L
Summer Grand............................... L
Summer Lion................................ L
Summer Red................................. L
Sunburst................................... J
Sun Diamond................................ I
Sunecteight (Super Star)................... G
Sun Grand.................................. G
Sunny Red.................................. J
Tom Grand.................................. L
Zee Glo.................................... J
Zee Grand.................................. I
------------------------------------------------------------------------
* * * * *
(3) Any package or container of Mayglo variety of nectarines on or
after May 6 of each year, or Crimson Baby, Earliglo, Early Diamond, Red
Jewel or Zee Fire variety nectarines unless:
* * * * *
(4) Any package or container of Arctic Rose, Arctic Star, Diamond
Bright, Diamond Pearl, Juneglo, June Pearl, Kay Fire, Kay Glo, Kay
Sweet, May Diamond, Prima Diamond IV, Prima Diamond VI, Prima Diamond
XIII, Prince Jim, Prince Jim 1, Red Delight, Red Roy, Rose Diamond,
Royal Glo, Spring Ray, or Zee Grand variety nectarines unless:
(i) * * *
(ii) Such nectarines, when packed other than as specified in
paragraph (a)(4)(i) of this section, are of a size that a 16-pound
sample, representative of the nectarines in the package or container,
contains not more than 84 nectarines.
(5) Any package or container of Mango variety nectarines unless:
* * * * *
(6) Any package or container of Alta Red, Arctic Blaze, Arctic
Gold, Arctic Ice, Arctic Jay, Arctic Mist, Arctic Pride, Arctic Queen,
Arctic Snow (White Jewel), Arctic Sweet, August Fire, August Glo,
August Lion, August Pearl, August Red, August Snow, Big Jim, Bright
Pearl, Bright Sweet, Burnectfour (Summer Flare[supreg] 35),
Burnectseven (Summer Flare[supreg] 28), Candy Gold, Diamond Ray, Early
Red Jim, Emelia, Fire Pearl, Fire Sweet, Flaming Red, Grand Pearl,
Grand Sweet, Honey Blaze, Honey Dew, Honey Fire, Honey Kist, Honey
Royale, July Pearl, July Red, Kay Pearl, La Pinta, Late Red Jim, Mike's
Red, P-R Red, Prima Diamond IX, Prima Diamond XVIII, Prima Diamond XIX,
Prima Diamond XXIV, Prima Diamond XXVIII, Red Diamond, Red Glen, Red
Jim, Red Pearl, Regal Pearl, Regal Red, Royal Giant, Ruby Diamond, Ruby
Pearl, Ruby Sweet, September Bright (26P-490), September Free,
September Red, Sparkling June, Sparkling Red, Spring Bright, Spring
Sweet, Summer Blush, Summer Bright, Summer Diamond, Summer Fire, Summer
Grand, Summer Lion, Summer Red, Sunburst, Sun Valley Sweet, Terra
White, or Zee Glo variety nectarines unless:
(i) * * *
(ii) Such nectarines, when packed other than as specified in
paragraph (a)(6)(i) of this section, are of a size that a 16-pound
sample, representative of the nectarines in the package or container,
contains not more than 72 nectarines or if the nectarines are ``well
matured'' not more than 76 nectarines.
* * * * *
(8) * * *
(i) * * *
(ii) Such nectarines, when packed other than as specified in
paragraph (a)(8)(i) of this section, are of a size that a 16-pound
sample, representative of the nectarines in the package or container,
contains not more than 84 nectarines.
(9) * * *
(i) * * *
(ii) Such nectarines, when packed other than as specified in
paragraph (a)(9)(i) of this section, are of a size that a 16-pound
sample, representative of the nectarines in the package or container,
contains not more than 72 nectarines or if the nectarines are ``well
matured'' not more than 76 nectarines.
* * * * *
[[Page 16391]]
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
0
4. Section 917.442 is amended by:
0
A. Revising Tables 1 and 2 of paragraph (a)(5)(iv) and
0
B. Revising paragraph (d) to read as follows:
Sec. 917.442 California peach container and pack regulation.
(a) * * *
(5) * * *
(iv) * * *
Table 1.--Weight-Count Standards for All Varieties of Peaches (Except
Peento Type Peaches) Packed in Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
Column B--
Maximum number
of peaches in
a 16-pound
sample
applicable to
varieties
Column A-- Tray pack size designation specified in
paragraphs
(a)(2)(ii),
(a)(3)(ii),
(a)(4)(ii),
(a)(5)(ii),
and (b)(3) of
Sec. 917.459
------------------------------------------------------------------------
96...................................................... 96
88...................................................... 92
84...................................................... 83
80...................................................... 77
72...................................................... 69
70...................................................... 65
64...................................................... 58
60...................................................... 53
56...................................................... 48
54...................................................... 46
50...................................................... 43
48...................................................... 41
44...................................................... 37
42...................................................... 34
40...................................................... 32
36...................................................... 29
34...................................................... 28
32...................................................... 25
30...................................................... 23
28...................................................... 21
26...................................................... 20
------------------------------------------------------------------------
Table 2.--Weight-Count Standards for All Varieties of Peaches (Except
Peento Type Peaches) Packed in Loose-Filled or Tight Filled Containers
------------------------------------------------------------------------
Column B--
Maximum number
of peaches in
a 16-pound
sample
applicable to
Column A-- Tray pack size designation varieties
specified in
paragraphs
(a)(6)(ii) and
(c)(3) of Sec.
917.459
------------------------------------------------------------------------
96...................................................... 96
88...................................................... 83
84...................................................... 79
80...................................................... 73
72...................................................... 66
70...................................................... 62
64...................................................... 56
60...................................................... 52
56...................................................... 47
54...................................................... 46
50...................................................... 42
48...................................................... 41
44...................................................... 37
42...................................................... 34
40...................................................... 32
36...................................................... 29
34...................................................... 28
32...................................................... 25
30...................................................... 23
28...................................................... 21
26...................................................... 20
------------------------------------------------------------------------
* * * * *
(d) During the period April 1 through November 23, 2005, each
container or package when packed with peaches meeting ``CA Utility''
quality requirements, shall bear the words ``CA Utility,'' along with
all other required container markings, in letters at least \3/8\ inch
in height on the visible display panel. Consumer bags or packages must
also be clearly marked on the consumer bags or packages as ``CA
Utility,'' along with all other required markings, in letters at least
\3/8\ inch in height.
0
5. Section 917.459 is amended by:
0
A. Revising the introductory text of paragraph (a)(1);
0
B. Revising Table 1;
0
C. Revising the introductory text of paragraphs (a)(2), (a)(5), and
(a)(6); and
0
D. Revising paragraphs (a)(5)(iii) and (a)(6)(iii) to read as follows:
Sec. 917.459 California peach grade and size regulation.
(a) * * *
(1) Any lot or package or container of any variety of peaches
unless such peaches meet the requirements of U.S. No. 1 grade:
Provided, That an additional 25 percent tolerance shall be permitted
for fruit with open sutures which are damaged, but not seriously
damaged: Provided further, That peaches of the Peento type shall be
permitted blossom end cracking that is well healed and does not exceed
the aggregate area of a circle \3/8\ inch in diameter, and/or does not
exceed a depth that exposes the pit: Provided further, That during the
period April 1 through November 23, 2005, any handler may handle
peaches if such peaches meet ``CA Utility'' quality requirements. The
term ``CA Utility'' means that not more than 40 percent of the peaches
in any container meet or exceed the requirement of the U.S. No. 1
grade, except that when more than 30 percent of the peaches in any
container meet or exceed the requirements of the U.S. No. 1 grade, the
additional 10 percent shall have non-scoreable blemishes as determined
when applying the U.S. Standards for Grades of Peaches; and that such
peaches are mature and are:
* * * * *
(iv) * * *
Table 1
------------------------------------------------------------------------
Column A Variety Column B Maturity guide
------------------------------------------------------------------------
Angelus.................................... I
August Lady................................ L
Autumn Flame............................... J
Autumn Gem................................. I
Autumn Lady................................ H
Autumn Red................................. J
Autumn Rose................................ H
Bev's Red.................................. I
Blum's Beauty.............................. G
Brittney Lane.............................. J
Burpeachone (Spring Flame [supreg] 21)..... J
Burpeachthree (September Flame [supreg])... I
Burpeachtwo (Henry II [supreg])............ J
Cal Red.................................... I
Candy Red.................................. J
Carnival................................... I
Cassie..................................... H
Coronet.................................... E
Crimson Lady............................... J
Crown Princess............................. J
Country Sweet.............................. J
David Sun.................................. I
Diamond Princess........................... J
Earlirich.................................. H
Earlitreat................................. H
Early Delight.............................. H
Early Elegant Lady......................... L
Early May Crest............................ H
Early O'Henry.............................. I
Early Top.................................. G
Elberta.................................... B
Elegant Lady............................... L
Fairtime................................... G
Fancy Lady................................. J
Fay Elberta................................ C
Fire Red................................... I
First Lady................................. D
Flamecrest................................. I
[[Page 16392]]
Flavorcrest................................ G
Flavor Queen............................... H
Flavor Red................................. G
Franciscan................................. G
Goldcrest.................................. H
Golden Princess............................ L
Honey Red.................................. G
Island Princess............................ H
Joanna Sweet............................... J
John Henry................................. J
July Elberta............................... C
June Lady.................................. G
June Pride................................. J
Kaweah..................................... L
Kern Sun................................... H
Kingscrest................................. H
Kings Lady................................. I
Kings Red.................................. I
Lacey...................................... I
Lady Sue................................... L
Late Ito Red............................... L
Madonna Sun................................ J
Magenta Queen.............................. J
May Crest.................................. G
May Sun.................................... I
May Sweet.................................. I
Merrill Gem................................ G
Merrill Gemfree............................ G
Morning Lord............................... J
O'Henry.................................... I
Pacifica................................... G
Pretty Lady................................ J
Prima Gattie 8............................. L
Prima Gattie 10............................ J
Prima Peach IV............................. J
Prima Peach 23............................. J
Queencrest................................. G
Ray Crest.................................. G
Red Dancer (Red Boy)....................... I
Redhaven................................... G
Red Lady................................... G
Redtop..................................... G
Regina..................................... G
Rich Lady.................................. J
Rich May................................... H
Rich Mike.................................. H
Rio Oso Gem................................ I
Royal Lady................................. J
Royal May.................................. G
Ruby May................................... H
Ryan Sun................................... I
September Sun.............................. I
Shelly..................................... J
Sierra Gem................................. J
Sierra Lady................................ I
Sparkle.................................... I
Sprague Last Chance........................ L
Springcrest................................ G
Spring Delight............................. G
Spring Gem................................. J
Spring Lady................................ H
Springtreat................................ I
Summer Kist................................ J
Summer Lady................................ L
Summerset.................................. I
Summer Zee................................. L
Suncrest................................... G
Supechfour (Amber Crest)................... G
Super Rich................................. H
Sweet Amber................................ J
Sweet Dream................................ J
Sweet Gem.................................. J
Sweet Mick................................. J
Sweet Scarlet.............................. J
Sweet September............................ I
Topcrest................................... H
Tra Zee.................................... J
Vista...................................... J
Willie Red................................. G
Zee Diamond................................ J
Zee Lady................................... L
------------------------------------------------------------------------
* * * * *
(2) Any package or container of April Snow, Earlitreat, Sugar Snow,
or Supeachsix (91002) variety peaches unless:
* * * * *
(5) Any package or container of Babcock, Bev's Red, Brittney Lane,
Burpeachone (Spring Flame [reg] 21), Burpeachfourteen (Spring Flame
[reg] 20), Crimson Lady, Crown Princess, David Sun, Early May Crest,
Flavorcrest, Ivory Queen, June Lady, Magenta Queen, May Crest, May Sun,
May Sweet, Prima Peach IV, Queencrest, Rich May, Scarlet Queen, Snow
Brite, Snow Prince, Springcrest, Spring Lady, Spring Snow, Springtreat
(60EF32), Sugar Time (214LC68), Sunlit Snow (172LE81), Supecheight,
Sweet Scarlet, Zee Diamond, or 012-094 variety peaches unless:
* * * * *
(iii) Such peaches in any container when packed other than as
specified in paragraph (a)(5)(i) and (ii) of this section are of a size
that a 16-pound sample, representative of the peaches in the package or
container, contains not more than 77 peaches except for Peento type
peaches.
(6) Any package or container of August Lady, Autumn Flame, Autumn
Red, Autumn Rich, Autumn Rose, Autumn Ruby, Autumn Snow, Burpeachtwo
(Henry II [reg]), Burpeachthree (September Flame [reg]), Burpeachfour
(August Fame [reg]), Burpeachfive (July Flame [reg]), Burpeachsix (June
Flame [reg]), Burpeachseven (Summer Flame [reg] 29), Cherry Red, Coral
Princess, Country Sweet, Crimson Queen, Diamond Princess, Earlirich,
Early Elegant Lady, Early O'Henry, Elegant Lady, Fancy Lady, Fay
Elberta, Full Moon, Gypsy Red, Henry III, Henry IV, Ice Princess, Ivory
Princess, Jillie White, Joanna Sweet, John Henry, Jupiter, Kaweah,
Klondike, Last Tango, Late Ito Red, Magenta Gold, O'Henry, Pink Giant,
Pink Moon, Pretty Lady, Prima Gattie 8, Prima Peach 13, Prima Peach XV,
Prima Peach 20, Prima Peach 23, Prima Peach XXVII, Princess Gayle, Red
Giant, Rich Lady, Royal Lady, Ruby Queen, Ryan Sun, Saturn (Donut),
Scarlet Snow, September Snow, September Sun, Sierra Gem, Sierra Rich,
Snow Beauty, Snow Blaze, Snow Fall, Snow Gem, Snow Giant, Snow Jewel,
Snow King, Snow Princess, Sprague Last Chance, Spring Gem, Sugar Crisp,
Sugar Giant, Sugar Lady, Summer Dragon, Summer Lady, Summer Sweet,
Summer Zee, Supechfour (Amber Crest), Sweet Blaze, Sweet Dream, Sweet
Kay, Sweet September, Tra Zee, Vista, White Lady, Zee Lady, 24-SB, or
244LE379 variety peaches unless:
* * * * *
(iii) Such peaches in any container when packed other than as
specified in paragraphs (a)(6)(i) and (ii) of this section are of a
size that a 16-pound sample, representative of the peaches in the
package or container, contains not more than 66 peaches, or if the
peaches are ``well matured,'' not more than 73 peaches, except for
Peento type peaches.
* * * * *
Dated: March 28, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-6418 Filed 3-29-05; 9:00 am]
BILLING CODE 3410-02-P