Nectarines and Peaches Grown in California; Revision of Handling Requirements for Fresh Nectarines and Peaches

Federal RegisterApr 5, 1994

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV94-916-1-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.

-----------------------------------------------------------------------

SUMMARY: This rule revises the handling requirements for California

nectarines and peaches by expanding the regulatory periods and by

modifying the grade, maturity, size, container, and pack requirements

for fresh shipments of these fruits, beginning with 1994 season

shipments. This rule enables handlers to continue shipping fresh

nectarines and peaches meeting consumer needs in the interest of

producers, handlers, and consumers of these fruits.

DATES: Effective April 1, 1994. Comments which are received by May 5,

1994 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 in triplicate to the Docket

Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room

2523-S, Washington, DC 20090-6456; or by facsimile at 202-720-5698. 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.

FOR FURTHER INFORMATION CONTACT: Gary D. Rasmussen, Marketing

Specialist, 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 Terry Vawter, California Marketing

Field Office, Marketing Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 2202 Monterey Street, suite 102B,

Fresno, California, 93721; telephone: (209) 487-5901.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing

Agreement and Marketing Order Nos. 916 and 917 (7 CFR parts 916 and

917) regulating the handling of nectarines and peaches grown in

California, 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 (Department) is issuing this rule in

conformance with Executive Order 12866.

This rule has been reviewed under Executive Order 12778, 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 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 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 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 the date of the entry of the ruling.

Pursuant to 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 300 California nectarine and peach handlers subject

to regulation under the orders covering nectarines and peaches grown in

California, and about 1,800 producers of these fruits in California.

Small agricultural 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 majority of

these handlers and producers may be classified as small entities.

The Nectarine Administrative Committee (NAC) recommended that the

handling requirements for California nectarines be revised, and the

Peach Commodity Committee (PCC) recommended that the handling

requirements for California peaches be revised. These committees meet

prior to and during each season to review the rules and regulations

effective on a continuous basis for California nectarines and peaches

under the orders. These 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 rules and regulations would tend to

effectuate the declared policy of the Act.

Regulatory Periods (Nectarines)

Under Sec. 916.350, California Nectarine Container and Pack

Regulation (7 CFR 916.350), fresh nectarine shipments are regulated by

container and pack during the period April 15 through October 31 each

year. Under Sec. 916.356, California Nectarine Grade and Size

Regulation (7 CFR 916.356, as amended at 58 FR 8534, February 16, 1993,

and 58 FR 29099, May 19, 1993), fresh nectarine shipments are also

regulated by grade, maturity, and size, during the period April 15

through October 31 each year. These regulations are effective on a

continuing basis subject to amendment, modification, or suspension by

the Secretary.

This rule amends paragraph (a) in Sec. 916.350 and paragraph (a) in

Sec. 916.356 to change the regulatory periods in each of these sections

to April 1 through October 31 each year, so that all nectarine

shipments made each season are covered by these regulatory

requirements. Correspondingly, paragraph (a)(7) of Sec. 916.356 is

revised to change the beginning date of the regulatory requirements to

April 1 from April 15 each year. Handlers ship fresh nectarines during

the April 1--April 15 period when the harvest season begins early. The

NAC unanimously recommended this change.

Container and Pack Requirements (Nectarines)

Section 916.350 specifies container and pack requirements for fresh

nectarine shipments. Paragraph (a)(4)(iv) of Sec. 916.350 specifies the

tray-pack size designations which must be marked on loose-filled or

tight-filled containers, depending on the size of the fruit. The size

designations specify the maximum number of nectarines in a 16-pound

sample for each tray-pack size designation. This rule revises paragraph

(a)(4)(iv) of Sec. 916.350 by modifying Table 1 to specify weight-count

standards for early-season and mid-season nectarine varieties, and

adding a new Table 2 to specify weight-count standards for late-season

nectarine varieties.

The NAC recommended these revised container marking requirements

for nectarines after a comprehensive review of the appropriate size

pack-count relationships between the tray-pack containers and loose-

filled or tight-filled containers for all nectarine varieties. The

revised provisions more precisely reflect the characteristics of

different varieties of fruit during the course of the season.

This rule also revises Sec. 916.350 by adding a proviso to

paragraph (a)(4)(iv), and revises Sec. 916.356 by redesignating current

paragraph (b) as (c) and adding a new paragraph (b) to that section.

These revisions specify the procedure to be used in determining whether

nectarines meet the minimum size requirements specified for each size

category in this section when applying the 16-pound sample

requirements. Under this procedure, a sample consisting of one-half of

the number of fruit specified for a 16-pound sample for a particular

size category shall be used, provided such sample weighs at least 8

pounds. When one-half the specified number of fruit in a sample results

in a number ending with one-half a fruit, the smaller full number of

fruit is used to determine the sample weight. If a sample fails with

respect to minimum size requirements on the basis of an 8-pound sample,

a full 16-pound sample must be used to determine if the fruit meets

minimum size requirements.

The NAC recommended this sampling procedure change after

determining that the size of nectarines could be adequately determined

by using an 8-pound sample in most instances, and finding that

application of this procedure would reduce inspection time and

inspection costs.

Maturity Requirements (Nectarines)

Section 916.356 specifies maturity guides for fresh nectarines in

paragraph (a)(1)(i), including Table 1, for fruit being inspected and

certified as meeting the maturity requirements for ``well matured''

fruit. Such maturity guides (e.g., color chips) are specified in Table

1 of Sec. 916.356 for nectarines. This rule revises Table 1 of

paragraph (a)(1)(i) of Sec. 916.356 for nectarines to add maturity

guides for 18 nectarine varieties and to change the maturity guide for

two nectarine varieties.

The NAC recommended these maturity guide changes for these

nectarine varieties based on a continuing review of their individual

maturity characteristics, and the identification of the appropriate

color chip corresponding to the ``well matured'' level of maturity for

such varieties.

Size Requirements (Nectarines)

Section 916.356 specifies size requirements for fresh nectarines in

paragraphs (a)(2) through (a)(9). This rule revises Sec. 916.356 to

establish variety-specific size requirements for seven nectarine

varieties that were produced in commercially significant quantities of

more than 10,000 packages for the first time during the 1993 season.

Paragraph (a)(3) is revised to include the May Kist variety; and

paragraph (a)(6) of Sec. 916.356 is revised to include the Arctic Rose,

Del Rio Rey, Kay Diamond, Late Red Jim, Prima Diamond, and Red Glen

varieties.

This rule also revises Sec. 916.356 to remove five nectarine

varieties from the variety-specific size requirements specified in the

section, because less than 5,000 packages of each of these varieties

were produced during the 1993 season. Paragraph (a)(4) of that section

is revised to remove the Apache and Early May Grande nectarine

varieties; and paragraph (a)(6) is revised to remove the Nectarine #4,

Tasty Free, and 9-86-04-87 nectarine varieties. Nectarine varieties

removed from the nectarine variety-specific list become subject to the

non-listed variety size requirements specified in paragraphs (a)(7),

(a)(8), and (a)(9) of Sec. 916.356.

This rule also lowers the minimum size requirement for the Zee

Grand variety by permitting as many as 88 nectarines to be packed in a

lug box rather than 84 nectarines, and as many as 83 nectarines when

packed otherwise rather than 75 nectarines. This is accomplished by

reassigning that variety to paragraph (a)(4) from paragraph (a)(5) in

Sec. 916.356. The NAC recommended this change based on a more accurate

evaluation of this variety's sizing and maturity characteristics.

Further, in Sec. 916.356, paragraphs (a)(6)(i) and (a)(9)(i) are

revised to permit as many as 84 nectarines to be packed in a No. 22D

standard lug box if they are ``well matured'', and paragraphs

(a)(6)(ii) and (a)(9)(ii) are revised to permit as many as 75

nectarines in a 16-pound sample if they are ``well matured''. These

changes permit late-season nectarine varieties to be shipped to the

fresh market at a slightly smaller size than in past seasons, if they

meet the higher ``well matured'' maturity standard. The higher maturity

standard is important for such smaller size fruit, because it will

assure that the smaller fruit is of acceptable maturity and quality to

be shipped to the fresh market in the interest of growers, handlers,

and consumers.

In addition, this rule changes the minimum size requirements for

several varieties of nectarines packed in loose-filled and tight-filled

containers by revising the count-size for nectarines specified in

paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(ii), (a)(5)(ii), (a)(7)(ii),

and (a)(8)(ii). These size changes correspond to the weight-count

changes made in column 2 of both Table 1 for early-season and mid-

season nectarine varieties, and Table 2 for late-season nectarine

varieties cited in paragraph (a)(4)(iv) of Sec. 916.350.

The NAC recommended these changes in the minimum size requirements

based on a continuing review of the sizing and maturity relationships

for these nectarine varieties, and consumer acceptance levels for

various sizes of fruit. This rule is designed to establish minimum size

requirements for fresh nectarines consistent with expected crop and

market conditions.

Regulatory Periods (Peaches)

Under Sec. 917.442, California Peach Container and Pack Regulation

(7 CFR 917.442), fresh California peach shipments are regulated by

container and during the period April 15 through November 23 each year.

Under Sec. 917.459, California Peach Grade and Size Regulation (7 CFR

917.459, as amended at 58 FR 32591, June 11, 1993, and 58 FR 43499,

August 17, 1993), fresh California peach shipments are also regulated

by grade, maturity, and size during the period April 15 through

November 23 each year. These regulations are effective on a continuing

basis subject to amendment, modification, or suspension by the

Secretary.

This rule amends paragraph (a) in Sec. 917.442 and paragraph (a) in

Sec. 917.459 to change the regulatory periods in each of these sections

to April 1 through November 23 each year, so that all peach shipments

made each season are covered by these regulatory requirements.

Correspondingly, paragraph (b) of Sec. 917.459 is revised to change the

beginning date of the regulatory requirements to April 1 from April 15

each year. Handlers ship fresh peaches during the April 1-April 15

period when the harvest season begins early. The PCC unanimously

recommended this change.

Container and Pack Requirements (Peaches)

Section 917.442 currently specifies container and pack requirements

for fresh peach shipments. Paragraph (a)(4)(iv) of Sec. 917.442

specifies the tray-pack size designations which must be marked on

loose-filled or tight-filled containers, depending on the size of the

fruit. The size designations specify the maximum number of peaches in a

16-pound sample for each tray pack size designation. This rule revises

paragraph (a)(4)(iv) of Sec. 917.442 by modifying Table 1 to specify

weight-count standards for early-season and mid-season peach varieties,

and adding a new Table 2 to specify weight-count standards for late-

season peach varieties.

The PCC recommended these revised container marking requirements

for peaches after a comprehensive review of the appropriate size pack-

count relationships between the tray-pack containers and loose-filled

or tight-filled containers for all peach varieties. The revised

provisions more precisely reflect the characteristics of different

varieties of fruit during the course of the season.

This rule also revises Sec. 917.442 by adding a proviso to

paragraph (a)(4)(iv), and revises Sec. 917.459 by redesignating current

paragraph (d) as (e) and adding a new paragraph (d) to that section.

These revisions specify the procedure to be used in determining whether

peaches meet the minimum size requirements specified for each size

category in this section when applying the 16-pound sample requirement.

Under this procedure a sample consisting of one-half of the number of

fruit specified for a 16-pound sample for a particular size category

shall be used, provided such sample weighs at least 8 pounds. When one-

half the specified number of fruit in a sample results in a number

ending with one-half a fruit, the smaller full number of fruit is used

to determine the sample weight. If a sample fails with respect to

minimum size requirements on the basis of an 8-pound sample, a full 16-

pound sample must be used to determine if the fruit meets the minimum

size requirements.

The PCC recommended this sampling procedure change after

determining that the size of peaches could be adequately determined by

using an 8-pound sample in most instances, and finding that application

of this procedure would reduce inspection time and inspection costs.

Grade Requirements (Peaches)

Section 917.459 specifies grade requirements for peaches in

paragraph (a)(1), requiring peaches shipped fresh to meet the

requirements of the U.S. No. 1 grade. This rule revises paragraph

(a)(1) of Sec. 917.459 to provide an additional 25 percent tolerance

for fruit damaged by open sutures, but not seriously damaged, in

addition to the 10 percent general lot tolerance currently permitted

under the U.S. No. 1 grade.

The PCC recommended this change to permit handlers to ship peaches

with additional amounts of open sutures. Open sutures are not

considered to be a serious grade defect since they affect only the

appearance of the fruit. The open suture condition occurs infrequently

in peaches and is most likely due to unusual weather and climatic

conditions. However, this condition can cause considerable economic

loss to growers when it does occur, because it sometimes affects a

large portion of their crop.

Maturity Requirements (Peaches)

Section 917.459 specifies maturity guides for fresh peaches in

paragraph (a)(1)(i), including TABLE I, for fruit being inspected and

certified as meeting the maturity requirements for ``well matured''

fruit. Such maturity guides (e.g., color chips) are specified in Table

1 of Sec. 917.459 for peaches. This rule revises Table 1 of paragraph

(a)(1)(i) of Sec. 917.459 for peaches to add maturity guides for 19

peach varieties and to change the maturity guide for one peach variety.

The PCC recommended these maturity guide changes for these peach

varieties based on a continuing review of their individual maturity

characteristics, and the identification of the appropriate color chip

corresponding to the ``well matured'' level of maturity for such

varieties.

Size Requirements (Peaches)

Section 917.459 specifies size requirements for fresh peaches in

paragraphs (a)(2) through (a)(6), and paragraphs (b) and (c). This rule

revises Sec. 917.459 by redesignating current paragraph (a)(6) as

paragraph (a)(3) and current paragraphs (a)(3), (a)(4), and (a)(5) as

paragraphs (a)(4), (a)(5), and (a)(6), respectively, so that the size

regulations are in sequential order. This rule also revises

Sec. 917.459 to establish variety-specific size requirements for five

peach varieties that were produced in commercially significant

quantities of more than 10,000 packages for the first time during the

1993 season. In Sec. 917.459 redesignated paragraph (a)(5) is revised

to include the Crimson Lady and Rich May peach varieties; and

redesignated paragraph (a)(6) is revised to include the Fancy Lady,

Snow Ball, and Sugar Lady peach varieties.

This rule also revises Sec. 917.459 to remove four peach varieties

from the variety-specific size requirements specified in that section,

because less than 5,000 packages of each of these varieties were

produced during the 1993 season. In Sec. 917.459 redesignated paragraph

(a)(5) of Sec. 917.459 is revised to remove the Flavor Red peach

variety; and redesignated paragraph (a)(6) is revised to remove the

July Lady, Red Cal, and Redglobe peach varieties. Peach varieties

removed from the variety-specific list become subject to the non-listed

variety size requirements specified in paragraphs (b) and (c) of

Sec. 917.459.

This rule also amends Sec. 917.459 by revising paragraph (b) to

change the ending date of the regulatory requirements for the non-

listed peach varieties referred to in that paragraph to June 30 from

July 2, and paragraph (c) to change the beginning date of the

regulatory requirements for the non-listed peach varieties referred to

in that paragraph to July 1 from July 3. These changes reflect the

sizing characteristics of such peach varieties.

Further, in Sec. 917.459 redesignated paragraph (a)(6)(i) is

revised to permit as many as 80 peaches to be packed in a No. 22D

standard lug box if they are ``well matured'', and redesignated

paragraph (a)(6)(iii) is revised to permit as many as 73 peaches in a

16-pound sample if they are ``well matured''. These changes permit

certain late-season peach varieties to be shipped to the fresh market

at a slightly smaller size than in past seasons, if they meet the

higher ``well matured'' maturity standard. The higher maturity standard

is important for such smaller size fruit, because it will assure that

the smaller fruit is of acceptable maturity and quality to be shipped

to the fresh market in the interest of growers, handlers, and

consumers.

In addition, this rule changes the minimum size requirements for

several varieties of peaches packed in loose-filled and tight-filled

containers by revising the count-size for peaches specified in

paragraphs (a)(3)(iii), (a)(4)(iii), and (a)(5)(iii). These size

changes correspond to the weight-count changes made in column 2 of both

Table 1 for early-season and mid-season peach varieties, and Table 2

for late-season peach varieties cited in paragraph (a)(4)(iv) of

Sec. 917.442.

The PCC recommended these changes in the minimum size requirements

based on a continuing review of the sizing and maturity relationships

for these peach varieties, and the consumer acceptance levels for

various sizes of fruit. This rule is designed to establish minimum size

requirements for fresh peaches consistent with expected crop and market

conditions.

This rule reflects the committees' and the Department's appraisal

of the need to revise the handling requirements for California

nectarines and peaches, as specified. The Department's determination is

that this rule will have a beneficial impact on producers, handlers,

and consumers of 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. This rule will also help the California

nectarine and peach industries provide fruit desired by consumers. This

rule is designed to establish and maintain orderly marketing conditions

for these fruits in the interest of producers, handlers, and consumers.

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 matters presented, the

information and recommendations submitted by the committees, and other

information, it is found that the 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 growers

and handlers should be apprised of this rule as soon as possible, since

early shipments of these fruits are expected to begin about April

first; (2) this rule relaxes grade requirements for peaches and size

requirements for several nectarine and peach varieties; (3) California

nectarine and peach handlers are aware of these revised requirements

recommended by the committees at public meetings, and they will need no

additional time to comply with such requirements; and (4) the rule

provides a 30-day comment period, and any written comments 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.

For the reasons set forth in the preamble, 7 CFR parts 916 and 917

are amended as follows:

PART 916--NECTARINES GROWN IN CALIFORNIA

1. The authority citation for 7 CFR part 916 continues to read as

follows:

Authority: 7 U.S.C. 601-674.

2. Section 916.350 is amended by revising paragraphs (a)

introductory text and (a)(4)(iv) to read as follows:

Sec. 916.350 California Nectarine Container and Pack Regulation.

(a) During the period beginning April 1 and ending October 31, no

handler shall ship any package or container of any variety of

nectarines except in accordance with the following terms and

conditions:

* * * * *

(iv) The size of nectarines, when packed in loose-filled or tight-

filled containers, shall be marked in accordance with the following

Table 1 and Table 2 which specify the tray-pack size designation in

Column A with the corresponding maximum number of nectarines in a 16-

pound sample of each size of the fruit in Column B: Provided, That the

following procedure shall be used in determining whether nectarines

meet the minimum size requirements specified for each size category in

this section applying the 16-pound sample. A sample consisting of one-

half of the specified number of fruit for a particular size category

shall be used, provided such sample weighs at least eight pounds. When

one-half the specified number of fruit in a sample results in a number

ending with one-half a fruit, the smaller full number of fruit shall be

used to determine the sample weight. If a sample fails with respect to

minimum size requirements on the basis of an 8-pound sample, a 16-pound

sample shall be used to determine if the fruit meets the minimum size

requirements.

Table 1.--Weight-Count Standards for Nectarines Packed in Loose- or

Tight-Filled Containers.

------------------------------------------------------------------------

Column A\1\ Column B\2\

------------------------------------------------------------------------

108........................................................ 100

96......................................................... 90

88......................................................... 83

84......................................................... 78

80......................................................... 76

72......................................................... 67

70......................................................... 60

64......................................................... 56

60......................................................... 49

56......................................................... 46

54......................................................... 40

50......................................................... 38

48......................................................... 35

42......................................................... 31

40......................................................... 30

36......................................................... 25

34......................................................... 23

32......................................................... 22

30......................................................... 19

------------------------------------------------------------------------

\1\Tray Pack Size Designation.

\2\Maximum Number of Nectarines in a 16-pound Sample Applicable to

Varieties Specified in Paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(ii),

(a)(5)(ii), (a)(7)(ii), and (a)(8)(ii) of Sec. 916.356.

Table 2.--Weight-Count Standards for Nectarines Packed in Loose- or

Tight-Filled Containers

------------------------------------------------------------------------

Column A\1\ Column B\2\

------------------------------------------------------------------------

108........................................................ 92

96......................................................... 87

88......................................................... 78

84......................................................... 75

80......................................................... 67

72......................................................... 61

70......................................................... 56

64......................................................... 51

60......................................................... 46

56......................................................... 43

54......................................................... 39

50......................................................... 36

48......................................................... 33

42......................................................... 28

40......................................................... 26

36......................................................... 25

34......................................................... 23

32......................................................... 22

30......................................................... 19

------------------------------------------------------------------------

\1\Tray Pack Size Designation.

\2\Maximum Number of Nectarines in a 16-pound Sample Applicable to

Varieties Specified in Paragraphs (a)(6)(ii) and (a)(9)(ii) of Sec.

916.356.

* * * * *

3. Section 916.356 is revised to read as follows:

Sec. 916.356 California Nectarine Grade and Size Regulation.

(a) During the period beginning April 1 and ending October 31, no

handler shall ship:

(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. The Federal or Federal-State Inspection Service shall

make final determinations on maturity through the use of color guides

or such other tests as determined appropriate by the inspection agency.

(i) The Federal or Federal-State Inspection Service will use the

maturity guides listed in Table 1 in making maturity determinations for

the specified varieties when inspecting to the ``well matured'' level

of maturity. For these varieties, not less than 90 percent of any lot

shall meet the color guide established for the variety, and an

aggregate area of not less than 90 percent of the fruit surface shall

meet the color guide established for the variety, except that for the

Fairlane, Tom Grand, and 61-61 varieties of nectarines, not less than

an aggregate area of 80 percent of the fruit surface shall meet the

color guide established for the variety. For varieties not listed, the

Federal or Federal-State Inspection Service will use such tests as it

deems proper. A variance for any variety from the application of the

maturity guides specified in Table I may be granted during the season

to reflect changes in crop, weather, or other conditions that would

make the specified guides an inappropriate measure of ``well matured.''

Table 1

------------------------------------------------------------------------

Column B

Column A variety maturity

guide

------------------------------------------------------------------------

Alshir Red............................................... L\1\

Ama Lyn.................................................. G

Apache................................................... G

April Glo................................................ H

Armking.................................................. B

August Glo............................................... L

August Red............................................... J

Aurelio Grand............................................ F

Autumn Delight........................................... M

Autumn Grand............................................. L

Bob Grand................................................ L

Clinton-Strawberry....................................... H

Del Rio Rey.............................................. G

Desert Dawn.............................................. G

Early Diamond............................................ J

Early May................................................ F

Early May Grand.......................................... H

Early Star............................................... G

Early Sungrand........................................... H

Fairlane................................................. M

Fantasia................................................. J

Firebrite................................................ H

Flamekist................................................ L

Flaming Red.............................................. K

Flavor Grand............................................. G

Flavortop................................................ J

Flavortop I.............................................. K

Gee Red.................................................. H

Gold King................................................ H

Granderli................................................ J

Grand Stan............................................... F

Hi-Red................................................... J

Independence............................................. H

July Red................................................. L

June Glo................................................. H

June Grand............................................... G

Kent Grand............................................... L

Kism Grand............................................... J

Larry's Grand............................................ M

Late Le Grand............................................ L

Late Tina Red............................................ I

Le Grand................................................. H

Maybelle................................................. F

May Diamond.............................................. I

Mayfair.................................................. C

May Fire................................................. H

May Glo.................................................. H

May Grand................................................ H

May Kist................................................. H

Mayred................................................... B

Mid Glo.................................................. L

Mike Grand............................................... H

Moon Grand............................................... M

Niagara Grand............................................ H

Pacific Star............................................. G

P-R Red.................................................. L

Red Diamond.............................................. M

Red Delight.............................................. I

Red Free................................................. L

Red Glen................................................. J

Red Grand................................................ H

Red Jim.................................................. L

Red June................................................. G

Red Lion................................................. J

Red May.................................................. J

Regal Grand.............................................. L

Rio Red.................................................. L

Royal Delight............................................ F

Royal Giant.............................................. I

Ruby Grand............................................... J

Ruby Sun................................................. J

Scarlet Red.............................................. K

September Grand.......................................... L

September Red............................................ L

Sheri Red................................................ J

Sierra Star/181-119...................................... G

Son Red.................................................. L

Sparkling June........................................... M

Sparkling May............................................ J

Sparkling Red............................................ L

Spring Diamond........................................... M

Spring Grand............................................. G

Spring Red............................................... H

Springtop................................................ B

Stan's Grand............................................. C

Star Bright.............................................. G

Star Brite............................................... J

Star Grand............................................... H

Summer Beaut............................................. H

Summer Blush............................................. J

Summer Bright............................................ J

Summer Diamond........................................... M

Summer Fire.............................................. L

Summer Grand............................................. L

Summer Lion.............................................. M

Summer Red............................................... L

Summer Star.............................................. G

Sunburst................................................. J

Sun Diamond.............................................. I

Sunfre................................................... F

Sun Grand................................................ G

Super Star............................................... G

Tasty Free............................................... J

Tasty Gold............................................... H

Tom Grand................................................ L

Zee Glo.................................................. J

61-61.................................................... J

------------------------------------------------------------------------

\1\Except not less than an aggregate area of 95 percent of the fruit

surface shall meet the color standard established for the variety.

Note: Consult with the Federal or Federal-State Inspection

Service Supervisor for the maturity guides applicable to the

varieties not listed above.

(ii) If a grower or handler believes his/her fruit is meeting the

appropriate maturity level but the fruit has not been so graded by the

inspector, he/she may appeal the inspection by calling the officer-in-

charge of the local Federal-State Inspection Service office to arrange

for an on-site examination of the fruit.

(2) Any package or container of May Glo variety nectarines through

May 5 of each year, or April Glo, Aurelio Grand, Maybelle, Mayfire, or

Royal Delight variety nectarines, unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 108 nectarines

in the lug box; or

(ii) Such nectarines, when packed other than as specified in

paragraph (a)(2)(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 100 nectarines.

(3) Any package or container of May Glo variety nectarines on or

after May 6 of each year, or Earliglo, Early Diamond, or May Kist

variety nectarines, unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 96 nectarines

in the lug box; or

(ii) Such nectarines, when packed other than as specified in

paragraph (a)(3)(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 90 nectarines.

(4) Any package or container of Early May, Mike Grand, Grand Stan,

June Brite, June Glo, May Grand, May Diamond, May Lion, Pacific Star,

Red Delight, Rose Diamond, Sparkling May, Star Brite, Sunfre, or Zee

Grand variety nectarines unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 88 nectarines

in the lug box; or

(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 83 nectarines.

(5) Any package or container of Red May variety nectarines unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 84 nectarines

in the lug box; or

(ii) Such nectarines, when packed other than as specified in

paragraph (a)(5)(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 78 nectarines.

(6) Any package or container of Alshir Red, Alta Red, Arctic Rose,

August Glo, August Red, Autumn Delight, Autumn Grand, Big Jim, Bob

Grand, Del Rio Rey, Early Red Jim, Early Sungrand, Fairlane, Fantasia,

Firebrite, Flamekist, Flaming Red, Flavor Grand, Flavortop, Flavortop

I, Grand Diamond, Independence, July Red, King Jim, Kay Diamond, Kism

Grand, Late Le Grand, Late Red Jim, Le Grand, Mid Glo, Moon Grand,

Niagara Grand, Prima Diamond, P-R Red, Red Diamond, Red Free, Red Glen,

Red Jim, Red Lion, Rio Red, Royal Giant, Ruby Grand, Scarlet Red,

September Grand, September Red, Son Red, Sparkling June, Sparkling Red,

Spring Diamond, Spring Red, Summer Beaut, Summer Bright, Summer

Diamond, Summer Fire, Summer Grand, Summer Lion, Summer Red, Summer

Star, Sunburst, Sun Diamond, Sun Grand, Super Red, Super Star, Tasty

Gold, Tom Grand, Zee Glo, 181-119, or 80P-1135 variety nectarines

unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 80 nectarines

in the lug box or if the nectarines are ``well matured'' not more than

84 nectarines in the lug box.

(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 67 nectarines or if the nectarines are ``well

matured'' not more than 75 nectarines.

(7) During the period April 1 through May 31 of each fiscal year,

no handler shall handle any package or container of any variety of

nectarines not specifically named in paragraphs (a)(2), (a)(3), (a)(4),

(a)(5), or (a)(6) of this section unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 96 nectarines

in the lug box; or

(ii) Such nectarines, when packed other than as specified in

paragraph (a)(7)(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 90 nectarines.

(8) During the period June 1 through June 30 of each fiscal period,

no handler shall handle any package or container of any variety of

nectarines not specifically named in paragraphs (a)(2), (a)(3), (a)(4),

(a)(5), or (a)(6) of this section unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 88 nectarines

in the lug box; or

(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 83 nectarines.

(9) During the period July 1 through October 31 of each fiscal

period, no handler shall handle any package or container of any variety

of nectarines not specifically named in paragraphs (a)(2), (a)(3),

(a)(4), (a)(5), or (a)(6) of this section unless:

(i) Such nectarines, when packed in molded forms (tray pack) in a

No. 22D standard lug box, are of a size that will pack, in accordance

with the requirements of a standard pack, not more than 80 nectarines

in the lug box or if the nectarines are ``well matured'' not more than

84 nectarines in the lug box; or

(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 67 nectarines or if the nectarines are ``well

matured'' not more than 75 nectarines.

(b) The following procedure shall be used in determining whether

nectarines meet the minimum size requirements specified for each size

category in this section applying a 16-pound sample. A sample

consisting of one-half of the number of fruit specified for a 16-pound

sample for a particular size category shall be used, provided such

sample weighs at least eight pounds. When one-half the specified number

of fruit in a sample results in a number ending with one-half a fruit,

the smaller full number of fruit shall be used to determine the sample

weight. If a sample fails with respect to minimum size requirements on

the basis of an 8-pound sample, a 16-pound sample shall be used to

determine if the fruit meets the minimum size requirements.

pack'', mean the same as defined in the United States Standards for

Grades of Nectarines [7 CFR 51.3145 through 51.3160]; and ``No. 22D

standard lug box'' means the same as defined in section 1380.19 (17) of

the ``Regulations of the California Department of Food and

Agriculture''. ``Well matured'' means a condition distinctly more

advanced than ``mature''.

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

1. The authority citation for 7 CFR part 917 continues to read as

follows:

Authority: 7 U.S.C. 601-674.

2. Section 917.442 is amended by revising paragraphs (a)

introductory text and (a)(4)(iv) to read as follows:

Sec. 917.442 California Peach Container and Pack Regulation.

(a) During the period beginning April 1 and ending November 23, no

handler shall ship any package or container of any variety of peaches

except in accordance with the following terms and conditions:

* * * * *

(iv) The size of peaches, when packed in loose-filled or tight-

filled containers, shall be marked in accordance with the following

Table 1 and Table 2 which specify the tray-pack size designation in

Column A with the corresponding maximum number of peaches in a 16-pound

sample of each size of the fruit in Column B: Provided, That the

following procedure shall be used in determining whether peaches meet

the minimum size requirements specified for each size category in this

section applying the 16-pound sample. A sample consisting of one-half

of the specified number of fruit for a particular size category shall

be used, provided such sample weighs at least eight pounds. When one-

half the specified number of fruit in a sample results in a number

ending with one-half a fruit, the smaller full number of fruit shall be

used to determine the sample weight. If a sample fails with respect to

minimum size requirements on the basis of an 8-pound sample, a 16-pound

sample shall be used to determine if the fruit meets the minimum size

requirements.

Table 1.--Weight-Count Standards for Peaches Packed in Loose or Tight-

Filled Containers

------------------------------------------------------------------------

Column A\1\ Column B\2\

------------------------------------------------------------------------

96......................................................... 96

88......................................................... 92

84......................................................... 85

80......................................................... 76

72......................................................... 68

70......................................................... 66

64......................................................... 56

60......................................................... 47

56......................................................... 46

54......................................................... 43

50......................................................... 39

48......................................................... 35

42......................................................... 31

40......................................................... 30

36......................................................... 27

34......................................................... 25

32......................................................... 23

30......................................................... 21

------------------------------------------------------------------------

\1\Tray Pack Size Designation.

\2\Maximum Number of Peaches in a 16-pound Sample Applicable to

Varieties Specified in Paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(iii),

(a)(5)(iii), and (b)(3) of Sec. 917.459.

Table 2.--Weight-Count Standards for Peaches Packed in Loose or Tight-

Filled Containers

------------------------------------------------------------------------

Column A\1\ Column B\2\

------------------------------------------------------------------------

96......................................................... 96

88......................................................... 83

84......................................................... 79

80......................................................... 73

72......................................................... 64

70......................................................... 59

64......................................................... 53

60......................................................... 46

56......................................................... 45