[Federal Register: March 18, 2008 (Volume 73, Number 53)]
[Rules and Regulations]
[Page 14372-14376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr08-2]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. AMS-FV-07-0160; FV08-916/917-1 IFR]
Nectarines and Peaches Grown in California; Changes in Handling
Requirements for Fresh Nectarines and Peaches
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule changes the handling requirements applicable to well
matured fruit covered under the nectarine and peach marketing orders
(orders). The 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
updates the variety-specific size requirements to reflect changes in
commercially significant varieties. This 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 March 19, 2008; comments received by May 19, 2008 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 Internet:
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.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jennifer Garcia, Marketing Specialist,
or Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906; or E-mail:
Jen.Garcia@usda.gov or Kurt.Kimmel@usda.gov.
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 Order
Nos. 916 and 917, both as amended (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.
This rule changes the handling requirements applicable to well
matured fruit covered under the nectarine and
[[Page 14373]]
peach orders. This rule updates the variety-specific size requirements
to reflect changes in commercially significant varieties. These changes
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.
Sections 916.52 and 917.41 of the orders provide authority for
handling regulations for fresh California nectarines and peaches. The
regulations may include grade, size, maturity, quality, pack, and
container requirements. The orders also provide that whenever such
requirements are in effect, the fruit subject to such regulation must
be inspected by the Federal or Federal-State Inspection Service
(Inspection Service) and certified as meeting the applicable
requirements.
The nectarine order has been in effect since 1939, and the peach
program has been in effect since 1958. The orders have been used over
the years to establish a quality control program that includes minimum
grades, sizes, and maturity standards. That program has helped improve
the quality of product moving from the farm to market, and has helped
growers and handlers more effectively market their crops. Additionally,
the orders have been used to ensure that only satisfactory quality
nectarines and peaches reach the consumer. This has helped increase and
maintain market demand over the years.
Sections 916.53 and 917.42 authorize the modification, suspension,
or termination of regulations issued under Sec. Sec. 916.52 and
917.41, respectively. Changes in regulations have been implemented to
reflect changes in industry operating practices and to solve marketing
problems as they arise. The committees meet whenever needed, but at
least annually, to discuss the orders and the various regulations in
effect and to determine if, or what, changes may be necessary to
reflect industry needs. As a result, regulatory changes have been made
numerous times over the years to address industry changes and to
improve program operations.
Currently, handling requirements are in effect for nectarines and
peaches packed in containers marked ``CA WELL MAT'' or ``California
Well Matured.'' The term ``well matured'' is defined in the orders'
rules and regulations, and has been used for many years by the industry
to describe a level of maturity higher than the definition of
``mature'' in the United States Standards for Grades of Nectarines (7
CFR 51.3145 through 51.3160) and United States Standards for Grades of
Peaches (7 CFR 51.1210 through 51.1223). Other handling requirements
were suspended in 2007 to reduce handler inspection costs.
The committees met on December 18, 2007, and unanimously
recommended that the handling requirements be revised for the 2008
season, which is expected to begin in April. No official crop estimate
was available at the time of the committees' meetings because the
nectarine and peach trees were dormant. The committees will recommend a
crop estimate at their meetings in early spring.
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 the size and
maturity of the fruit. Acceptable fruit size provides greater consumer
satisfaction and promotes repeat purchases, thereby increasing returns
to producers and handlers. In addition, increased fruit size results in
increased numbers of packed containers of nectarines and peaches per
acre, which is 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 committees 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 revises paragraphs (a)(3), (a)(4), and
(a)(6) of Sec. 916.356 to establish variety-specific minimum size
requirements for 11 varieties of nectarines that were produced in
commercially significant quantities of more than 10,000 containers for
the first time during the 2007 season. This rule also removes the
variety-specific minimum size requirements for four varieties of
nectarines whose shipments fell below 5,000 containers during the 2007
season.
For example, one of the varieties recommended for addition to the
variety-specific minimum size requirements is the Burnecteleven (Summer
Flare[supreg] 30) variety of nectarines, recommended for regulation at
a minimum size 84. A minimum size of 84 means that a packed standard
lug box will contain not more than 84 nectarines. Studies of the size
ranges attained by the Burnecteleven (Summer Flare[supreg] 30) variety
revealed that 100 percent of the containers met the minimum size of 84
during the 2006 and 2007 seasons. Sizes ranged from size 30 to size 70,
with 9.6 percent of the fruit in the 30 sizes, 50 percent of the
packages in the 40 sizes, 32.9 percent in the 50 sizes, 6.2 percent in
the 60 sizes, and 1.3 percent in the 70 sizes.
A review of other varieties with the same harvesting period
indicated that the Burnecteleven (Summer Flare[supreg] 30) 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 Burnecteleven (Summer
Flare[supreg] 30) variety in the variety-specific minimum size
regulation at a minimum size 84 is appropriate. This recommendation
results from size studies conducted over a two-year period.
Historical data such as this provides the committee 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 committee and subcommittee
meetings when the staff receives such comments, either in writing or
verbally.
For reasons similar to those discussed in the preceding paragraph,
paragraph(a)(3) of Sec. 916.356 is revised to include the Polar Ice
and Polar Light nectarine varieties; paragraph (a)(4) of Sec. 916.356
is revised to include the Burnectthirteen (Snow Flare[supreg] 22),
Burnectfourteen (Snow Flare[supreg] 21), and White Sun nectarine
varieties; and paragraph (a)(6) of Sec. 916.356 is revised to include
the Burnecteleven (Summer Flare[supreg] 30), Burnectfifteen (Summer
Flare[supreg] 27), Grand Bright, La Reina, Saucer, and Sugar Pearl\TM\
nectarine varieties.xxx
This rule also revises paragraph (a)(6) of Sec. 916.356 to remove
the August Snow, Prima Diamond XVIII, Sparkling Red, and Summer Grand
nectarine varieties from the variety-specific minimum size requirements
because fewer than 5,000 containers of each of these varieties were
produced during the 2007 season. Nectarine varieties removed from the
nectarine variety-specific minimum size requirements become subject to
the non-listed variety
[[Page 14374]]
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
paragraphs (a)(2), (a)(3), (a)(5), and (a)(6) of Sec. 917.459 to
establish variety-specific minimum size requirements for 15 peach
varieties that were produced in commercially significant quantities of
more than 10,000 containers for the first time during the 2007 season.
This rule also removes the variety-specific minimum size requirements
for eight varieties of peaches whose shipments fell below 5,000
containers during the 2007 season.
For example, one of the varieties recommended for addition to the
variety-specific minimum size requirements is the Super Lady variety of
peaches, which was recommended for regulation at a minimum size 96. A
minimum size of 96 means that a packed standard lug box contains not
more than 96 peaches. Studies of the size ranges attained by the Super
Lady variety revealed that 98.9 percent of the containers met the
minimum size of 96 during the 2006 and 2007 seasons. The sizes ranged
from size 40 to size 96, with 6.9 percent of the containers meeting the
size 40, 4 percent meeting the size 50, 20.5 percent meeting the size
60, 29.8 percent meeting the size 70, 15.6 percent meeting the size 80,
4.5 percent meeting the size 84, 4.9 percent meeting the size 88, and
12.7 percent meeting the size 96 in the 2007 season.
A review of other varieties with the same harvesting period
indicated that the Super Lady 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 Super Lady variety in the variety-specific
minimum size regulation at a minimum size 96 is appropriate.
Historical data such as this provides the committee 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 committee meetings when the staff receives such
comments, either in writing or verbally.
For reasons similar to those discussed in the preceding paragraph,
paragraph (a)(2) of Sec. 917.459 is revised to include the
Supechfifteen and Super Lady peach varieties; paragraph (a)(5) of Sec.
917.459 is revised to include the Crimson Queen, Sauzee Queen, and
Supechnine peach varieties; and paragraph (a)(6) of Sec. 917.459 is
revised to include the Burpeachtwentyone (Summer Flame[supreg] 26),
Candy Princess, Jasper Flame, Natures 10, Peach-N-Cream, Queen
Jewel, September Blaze, Strawberry, Summer Fling, and Sweet Henry peach
varieties.
This rule also revises paragraph (a)(2) of Sec. 917.459 to remove
the Sugar Snow peach variety; paragraph (a)(3) of Sec. 917.459 to
remove the May Snow peach variety; paragraph (a)(5) of Sec. 917.459 to
remove the Raspberry, Sugar Jewel, and Sunlit Snow peach varieties; and
paragraph (a)(6) of Sec. 917.459 to remove the Late Ito Red, Magenta
Gold, and Scarlet Snow peach varieties from the variety-specific
minimum size requirements because less than 5,000 containers of each of
these varieties was produced during the 2007 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 committees 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. This should help
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 145 California nectarine and peach handlers
subject to regulation under the orders covering nectarines and peaches
grown in California, and about 550 producers of these fruits in
California. Small agricultural service firms, which include handlers,
are defined by the Small Business Administration (SBA) (13 CFR 121.201)
as those whose annual receipts are less than $6,500,000. Small
agricultural producers are defined by the SBA 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 30
handlers in the industry who would not be considered small entities.
For the 2007 season, the committees' staff estimated that the average
handler price received was $9.00 per container or container equivalent
of nectarines or peaches. A handler would have to ship at least 722,223
containers to have annual receipts of $6,500,000. Given data on
shipments maintained by the committees' staff and the average handler
price received during the 2007 season, the committees' staff estimates
that small handlers represent approximately 80 percent of all the
handlers within the industry.
The committees' staff has also estimated that fewer than 65
producers in the industry would not be considered small entities. For
the 2007 season, the committees estimated the average producer price
received was $4.50 per container or container equivalent for nectarines
and peaches. A producer would have to produce at least 166,667
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 2007 season, the committees'
staff estimates that small producers represent more than 88 percent of
the producers within the industry.
With an average producer price of $4.50 per container or container
equivalent, and a combined packout of nectarines and peaches of
42,382,098 containers, the value of the 2007 packout is estimated to be
$190,719,441. Dividing this total estimated grower revenue figure by
the estimated number of producers (550) yields an estimate of average
revenue per producer of about $346,763 from the sales of peaches and
nectarines.
Under authority provided in Sec. Sec. 916.52 and 917.41 of the
orders, grade, size,
[[Page 14375]]
maturity, pack, and container marking requirements are established for
fresh shipments of California nectarines and peaches, respectively.
Such requirements are in effect on a continuing basis.
Sections 916.356 and 917.459 of the orders' rules and regulations
establish minimum sizes for various varieties of nectarines and
peaches. This rule makes adjustments to the minimum sizes authorized
for certain varieties of each commodity for the 2008 season. Minimum
size regulations are put in place to encourage producers to leave fruit
on the trees for a longer period of time, increasing both maturity and
fruit size. Increased fruit size increases the number of packed
containers per acre, and coupled with heightened maturity levels, also
provides greater consumer satisfaction, which in turn fosters repeat
purchases that benefit producers and handlers alike.
Annual adjustments to minimum sizes of nectarines and peaches, such
as these, are recommended by the committees 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,
however, would be a significant departure from the committees' past
practices and represent a significant change in the regulations as they
currently exist. For these reasons, this alternative was not
recommended.
The committees make recommendations regarding the revisions in
handling requirements after considering all available information,
including comments received by committee staff. At the meetings, the
impact of and alternatives to these recommendations are deliberated.
The committees consist of individual producers and handlers with many
years of experience in the industry who are familiar with industry
practices and trends. All committee meetings are open to the public and
comments are widely solicited. In addition, minutes of all meetings are
distributed to committee members and others who have requested them,
and are also available on the committees' Web site, thereby increasing
the availability of this critical information within the industry.
Regarding the impact of this action on the affected entities, both
large and small entities are expected to benefit from the changes, and
the costs of compliance are not expected to be significantly different
between large and small entities.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large nectarine and peach 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.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap, or conflict with this rule.
Further, the committees' meetings were widely publicized throughout
the nectarine and peach industry and all interested parties were
invited to attend the meetings and participate in committee
deliberations. Like all committee meetings, the December 18, 2007,
meetings were public meetings and all entities, both large and small,
were able to express their views on this issue.
Also, the committees have a number of appointed subcommittees to
review certain issues and make recommendations to the committees. The
committees' Tree Fruit Quality Subcommittee met on December 11, 2007,
and discussed this issue in detail. Finally, interested persons are
invited to submit information on this interim final rule, including 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 timely received will be considered
prior to finalization of this rule.
After consideration of all relevant material presented, including
the committees' recommendation, and other information, it is found that
this interim final rule, as hereinafter set forth, will tend to
effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined, upon
good cause, that it is impracticable, unnecessary, and contrary to the
public interest to give preliminary notice prior to putting this rule
into effect, and that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register because: (1) This rule should be implemented as soon
as possible, since shipments of California nectarines and peaches are
expected to begin in early April; (2) the committees met and
unanimously recommended these changes at public meetings, and
interested persons had opportunities to provide input at all those
meetings; and (3) 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.
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:
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
0
2. Section 916.356 is amended by revising the introductory text of
paragraphs (a)(3), (a)(4), and (a)(6) to read as follows:
Sec. 916.356 California nectarine grade and size regulation.
* * * * *
(3) Any package or container of Mayglo variety of nectarines on or
after May 6 of each year, or Burnectfive (Spring Flare[supreg] 21),
Burnectten (Spring Flare[supreg] 19), Crimson Baby, Earliglo, Polar
Ice, Polar Light, Red Jewel or Zee Fire variety nectarines unless:
* * * * *
(4) Any package or container of Arctic Star, Burnectone (Spring
Ray[supreg]), Burnecttwelve (Sweet Flair[supreg] 21), Burnectthirteen
(Snow Flare[supreg] 22), Burnectfourteen (Snow Flare[supreg] 21),
Diamond Bright, Diamond Pearl, Early Pearl, Gee Sweet, June Pearl, Kay
Fire, Kay Glo, Kay Sweet, Prima Diamond IV, Prima Diamond VI, Prima
Diamond XIII,
[[Page 14376]]
Prince Jim, Prince Jim 1, Red Roy, Rose Bright, Rose Diamond, Royal
Glo, White Sun, or Zee Grand variety nectarines unless:
* * * * *
(6) Any package or container of Alta Red, Arctic Belle, Arctic
Blaze, Arctic Gold, Arctic Ice, Arctic Jay, Arctic Mist, Arctic Pride,
Arctic Queen, Arctic Snow (White Jewel), Arctic Sweet, August Bright,
August Fire, August Glo, August Lion, August Pearl, August Red, August
Sweet, Autumn Blaze, Big Jim, Bright Pearl, Burnectfour (Summer
Flare[supreg] 35), Burnectseven (Summer Flare[supreg] 28),
Burnecteleven (Summer Flare[supreg] 30), Burnectfifteen (Summer
Flare[supreg] 27), Burnectseventeen (Summer Flare[supreg] 32), Candy
Gold, Candy Pearl, Diamond Ray, Early Red Jim, Fire Pearl, Fire Sweet,
Flaming Red, Giant Pearl, Grand Bright, Grand Candy, Grand Pearl, Grand
Sweet, Honey Blaze, Honey Dew, Honey Diva, Honey Fire, Honey Kist,
Honey Royale, July Pearl, July Red, Kay Pearl, La Pinta, La Reina,
Larry's Red, Late Red Jim, Mike's Red, P-R Red, Prima Diamond VII,
Prima Diamond IX, Prima Diamond X, Prima Diamond XIX, Prima Diamond
XXIV, Prima Diamond XXVIII, Prince Jim 3, Red Diamond, Red Glen, Red
Jim, Red Pearl, Regal Pearl, Regal Red, Royal Giant, Ruby Diamond, Ruby
Pearl, Ruby Sweet, Saucer, September Bright (26P-490), September Free,
September Red, Sparkling June, Spring Bright, Spring
PearlTM, Spring Sweet, Sugar PearlTM, Sugarine,
Summer Blush, Summer Bright, Summer Diamond, Summer Fire, Summer Jewel,
Summer Lion, Summer Red, Sunburst, Sun Valley Sweet, Terra White, Zee
Glo or Zephyr variety nectarines unless:
* * * * *
PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA
0
3. Section 917.459 is amended by revising the introductory text of
paragraphs (a)(2), (a)(3), (a)(5) and (a)(6) to read as follows:
Sec. 917.459 California peach grade and size regulation.
* * * * *
(2) Any package or container of April Snow, Earlitreat, Snow Angel,
Supeachsix (91002), Supechfifteen, or Super Lady variety peaches
unless:
* * * * *
(3) Any package or container of Island Prince, Snow Kist, Snow Peak
or Super Rich variety peaches unless:
* * * * *
(5) Any package or container of Babcock, Bev's Red, Bright
Princess, Brittney Lane, Burpeachone (Spring Flame[supreg] 21),
Burpeachfourteen (Spring Flame[supreg] 20), Burpeachnineteen (Spring
Flame[supreg] 22), Candy Red, Crimson Lady, Crimson Queen, Crown
Princess, David Sun, Early May Crest, Flavorcrest, Honey Sweet, Ivory
Queen, June Lady, Magenta Queen, May Crest, May Sweet, Prima Peach IV,
Queencrest, Rich May, Sauzee Queen, Scarlet Queen, Sierra Snow, Snow
Brite, Springcrest, Spring Lady, Spring Snow, Springtreat (60EF32),
Sugar Time (214LC68), Supecheight (012-094), Supechnine, Sweet Scarlet,
Sweet Crest or Zee Diamond variety peaches unless:
* * * * *
(6) Any package or container of August Lady, Autumn Flame, Autumn
Red, Autumn Rich, Autumn Rose, Autumn Snow, Burpeachtwo (Henry
II[supreg]), Burpeachthree (September Flame[supreg]), Burpeachfour
(August Flame[supreg]), Burpeachfive (July Flame[supreg]), Burpeachsix
(June Flame[supreg]), Burpeachseven (Summer Flame[supreg] 29),
Burpeachfifteen (Summer Flame[supreg] 34), Burpeachsixteen,
Burpeachtwenty (Summer Flame[supreg]), Burpeachtwentyone (Summer
Flame[supreg] 26), Candy Princess, Coral Princess, Country Sweet,
Diamond Princess, Earlirich, Early Elegant Lady, Elegant Lady, Fancy
Lady, Fay Elberta, Full Moon, Galaxy, Glacier White, Henry III, Henry
IV, Ice Princess, Ivory Princess, Jasper Flame, Jasper Treasure, Jillie
White, Joanna Sweet, John Henry, Kaweah, Klondike, Last Tango, Natures
10, O'Henry, Peach-N-Cream, Pink Giant, Pink Moon, Prima
Gattie 8, Prima Peach 13, Prima Peach XV, Prima Peach 20, Prima Peach
23, Prima Peach XXVII, Princess Gayle, Queen Jewel, Rich Lady, Royal
Lady, Ruby Queen, Ryan Sun, Saturn (Donut), September Blaze, September
Snow, September Sun, Sierra Gem, Sierra Rich, Snow Beauty, Snow Blaze,
Snow Fall, Snow Gem, Snow Giant, Snow Jewel, Snow King, Snow Magic,
Snow Princess, Sprague Last Chance, Spring Candy, Strawberry, Sugar
Crisp, Sugar Giant, Sugar Lady, Summer Dragon, Summer Fling, Summer
Lady, Summer Sweet, Summer Zee, Sweet Blaze, Sweet Dream, Sweet Henry,
Sweet Kay, Sweet September, Tra Zee, Valley Sweet, Vista, White Lady,
or Zee Lady variety peaches unless:
* * * * *
Dated: March 12, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-5357 Filed 3-17-08; 8:45 am]
BILLING CODE 3410-02-P