# Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida and Imported Grapefruit; Relaxation of the Minimum Size Requirement for Red Seedless Grapefruit > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-6149 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 17, 1994 ## Text DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 905 and 944 [Docket Nos. FV93-905-3-FIR and FV93-944-2-FIR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida and Imported Grapefruit; Relaxation of the Minimum Size Requirement for Red Seedless Grapefruit AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (Department) is adopting as a final rule, without change, the provisions of two interim final rules that relaxed the minimum size requirement to 3\5/16\ inches in diameter (size 56) for domestic shipments of Florida red seedless grapefruit and for red seedless grapefruit imported into the United States. This rule enables handlers in Florida and importers to continue to ship size 56 red seedless grapefruit for the entire 1993-94 season. EFFECTIVE DATE: April 18, 1994. FOR FURTHER INFORMATION CONTACT: Gary D. Rasmussen, Marketing Order Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-720- 5331; or William G. Pimental, Southeast Marketing Field Office, USDA/ AMS, P.O. Box 2276, Winter Haven, Florida 33883; telephone: 813-299- 4770. SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Agreement and Marketing Order No. 905 [7 CFR part 905] regulating the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida, hereinafter referred to as the order. This order is effective under the Agricultural Marketing Agreement Act of 1937, as amended [7 U.S.C 601-674], hereinafter referred to as the Act. This rule is also issued under section 8e of the Act which provides that whenever specified commodities, including grapefruit, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for the domestically produced commodities. Section 8e also provides that whenever two or more marketing orders regulate the same commodity produced in different areas of the United States, the Secretary shall determine which area the imported commodity is in most direct competition with and apply regulations based on that area to the imported commodity. The Secretary has determined that grapefruit imported into the United States are in most direct competition with grapefruit grown in Florida regulated under Marketing Order No. 905, and has found that the minimum grade and size requirements for imported grapefruit should be the same as those established for grapefruit under Marketing Order No. 905. The Department is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12778, Civil Justice Reform. This action is not intended to have retroactive effect. This rule would 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 608(15)(A) of the Act, any handler subject to an order may file with the Secretary 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 requesting 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 the Secretary 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 in equity to review the Secretary's ruling on the petition, provided a bill in equity is filed not later than 20 days after date of the entry of the ruling. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), the Administrator of the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are about 100 Florida citrus handlers subject to regulation under the marketing order covering oranges, grapefruit, tangerines, and tangelos grown in Florida, and about 11,000 producers of these citrus fruits in Florida. There are approximately 25 importers of grapefruit subject to the grapefruit import regulation. Small agricultural producers have been defined by the Small Business Administration [13 CFR 121.601] as those having annual receipts of less than $500,000, and small agricultural service firms are defined as those whose annual receipts are less than $3,500,000. A minority of these handlers and a majority of the producers and importers may be classified as small entities. This rule finalizes an interim final rule that relaxed the minimum size requirement for domestic shipments of Florida red seedless grapefruit to 3\5/16\ inches in diameter (size 56) through November 6, 1994. This rule will enable handlers to continue to ship size 56 red seedless grapefruit for the entire 1993-94 season. The interim final rule was published in the November 12, 1993, Federal Register [58 FR 59931], and provided 30 days for interested persons to file comments. No comments were received. Section 905.306 [7 CFR 905.306] specifies minimum grade and size requirements for different varieties of fresh Florida grapefruit. Such requirements for domestic shipments are specified in Sec. 905.306 in Table I of paragraph (a), and for export shipments in Table II of paragraph (b). Export requirements were not changed by the interim final rule for Florida grapefruit. The Citrus Administrative Committee (committee) met September 28, 1993, and unanimously recommended that the minimum size requirement for domestic shipments of fresh red seedless grapefruit be relaxed. The committee meets prior to and during each season to review the handling regulations effective on a continuous basis for each citrus fruit regulated under the order. Committee meetings are open to the public, and interested persons may express their views at these meetings. The Department reviews committee recommendations and information, as well as information from other sources, and determines whether modification, suspension, or termination of the handling regulations would tend to effectuate the declared policy of the Act. The committee reports that it expects that the fresh market demand will be sufficient to permit the shipment of size 56 red seedless grapefruit grown in Florida during the entire 1993-94 season. The committee also expects that the overall external quality of the fruit will be good. The committee also expects that more Florida red seedless grapefruit will be shipped fresh this season than last season. This rule is designed to enable Florida grapefruit shippers to continue shipping size 56 red seedless grapefruit to the domestic market consistent with current and anticipated strong demand in those markets during the entire 1993-94 season, and to maximize shipments to fresh market channels. This rule is based on the committee's assessment of the maturity, flavor level, and size composition of this season's Florida red seedless grapefruit crop. The Florida seedless grapefruit shipping season normally begins in September and continues until the following July. Minimum size requirements are designed to provide fresh markets with fruit of acceptable size and maturity, thereby maintaining consumer confidence in fresh Florida grapefruit. This helps create buyer confidence and contributes to stable marketing conditions. This is in the interest of producers, packers, and consumers, and is expected to increase returns to Florida grapefruit growers. Under the order for Florida citrus, handlers may ship up to 15 standard packed cartons (12 bushels) of fruit per day, and gift packages which are individually addressed and not for resale, under exemption provisions. Fruit shipped for animal feed is also exempt under specific conditions. In addition, fruit shipped to commercial processors for conversion into canned or frozen products or into a beverage base are not subject to the handling requirements. This rule also finalizes an interim final rule that relaxed the minimum size requirement for imported shipments of red seedless grapefruit. The interim final rule was published in the November 12, 1993, Federal Register [58 FR 59933], and provided 30 days for interested persons to file comments. No comments were received. Section 8(e) of the Act requires that whenever grade, size, quality, or maturity requirements are in effect for grapefruit under a domestic marketing order, imported grapefruit must meet the same or comparable requirements. The interim final rule for Florida grapefruit relaxed the minimum size requirements for Florida red seedless grapefruit. Therefore a corresponding change was needed in the grapefruit import regulation. Minimum grade and size requirements for grapefruit imported into the United States are currently in effect under Sec. 944.106 [7 CFR 944.106], as reinstated on July 26, 1993 [58 FR 39428, July 23, 1993]. The interim final rule for imported grapefruit relaxed the minimum size requirements for imported red seedless grapefruit to 3\5/16\ inches in diameter (size 56) for the period November 8, 1993, through November 6, 1994. In accordance with section 8e of the Act, the USTR has concurred with the issuance of this final rule as it pertains to imported grapefruit. This rule reflects the committee's and the Department's appraisal of the need to relax the minimum size requirement for red seedless grapefruit, as specified. The Department's view is that this rule will have a beneficial impact on producers, handlers, and importers since it will permit Florida grapefruit handlers to continue to make available those sizes of fruit needed to meet consumer needs consistent with this season's crop and market conditions. Based on the above, the Administrator of the AMS has determined that this rule will not have a significant economic impact on a substantial number of small entities. After consideration of all relevant matter presented, the information and recommendations submitted by the committee, and other information, it is found that the finalization set forth below will tend to effectuate the declared policy of the Act. List of Subjects 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges. For the reasons set forth in the preamble, 7 CFR parts 905 and 944 are amended as follows: 1. The authority citation for 7 CFR part 905 and 944 continues to read as follows: Authority: 7 U.S.C. 601-674. PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA 2. Accordingly, the interim final rule amending the provisions of Sec. 905.306, which was published in the November 12, 1993, Federal Register [58 FR 59931], is adopted as a final rule without change. PART 944--FRUITS; IMPORT REGULATIONS 3. Accordingly, the interim final rule amending the provisions of Sec. 944.106, which was published in the November 12, 1993, Federal Register [58 FR 59933], is adopted as a final rule without change. Dated: March 11, 1994. Robert C. Keeney, Deputy Director, Fruit and Vegetable Division. [FR Doc. 94-6149 Filed 3-16-94; 8:45 am] BILLING CODE 3410-02-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-6149. Public record. Not legal advice.