Peaches; Grade Standards

SUMMARY: This final rule revises the United States Standards for Grades

of Peaches by changing the method in which peaches are sized. The

revision will bring the standards into conformity with current

cultural, harvesting and marketing practices by revising the definition

of ``diameter'' from the shortest distance to the greatest distance.

The Agricultural Marketing Service (AMS), in cooperation with industry,

and other interested parties develops and improves standards of

quality, condition, quantity, grade, and packaging in order to

facilitate commerce by providing buyers, sellers, and quality assurance

personnel uniform language and criteria for describing various levels

of quality and condition as valued in the marketplace.

EFFECTIVE DATE: October 2, 1995.

FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, Fresh Products

Branch, Fruit and Vegetable Division, Agricultural Marketing Service,

U.S. Department of Agriculture, P.O. Box 96456, Room 2056 South

Building, Washington, DC 20090-6456, (202) 720-2185.

SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture (USDA) is

issuing this rule in conformance with Executive Order 12866.

Pursuant to the requirements set forth in the Regulatory

Flexibility Act (5 U.S.C. 601 et. seq.), the Administrator of the

Agricultural Marketing Service (AMS) has determined that this action

will not have a significant economic impact on a substantial number of

small entities. The revision of U.S. Standards for Grades of Peaches

will not impose substantial direct economic cost, recordkeeping, or

personnel workload changes on small entities, and will not alter the

market share or competitive position of these entities relative to

large businesses. In addition, under the Agricultural Marketing Act of

1946, the use of these standards is voluntary.

This final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. This action is not intended to have retroactive

effect. This final rule will not preempt any State or local laws,

regulations, or policies, unless they present an irreconcilable

conflict with this rule. There are no administrative procedures which

must be exhausted prior to any judicial challenge to the provisions of

the rule.

Agencies periodically review existing regulations. An objective of

the review is to ensure that the grade standards are serving their

intended purpose, the language is clear, and the standards are

consistent with AMS policy and authority.

The proposed rule, United States Standards for Grades of Peaches,

was published in the Federal Register on March 3, 1995, (60 FR 11918).

The National Peach Council (NPC), with the support of the Georgia

Peach Council, New Jersey Peach Promotion Council, Inc., and the South

Carolina Peach Council and Promotion Board, Inc., requested that the

USDA revise the United States Standards for Grades of Peaches, which

were last revised in 1952. The NPC requested that the standards be

revised in order to bring them into conformity with current cultural,

harvesting and marketing practices. The NPC contends that due to new

improved varieties, that changes to the current standards are

necessary. Currently, peaches are sized based on the shortest diameter,

which requires the use of a caliper or slotted sizing ring. This method

was adopted several years ago when most peaches were oblong and heavily

sutured. Industry research has demonstrated that today's varieties are

generally much more round and more uniform in shape than older

varieties. The shape of peaches is similar to nectarines. Nectarines

are sized by using the greatest diameter of the nectarine, which allows

fruit to be sized using a sizing ring. Therefore, in order to create

uniformity in the marketplace, peaches should be sized on the same

basis as nectarines, by using the greatest dimension measured at right

angles to a line from stem to blossom end of the fruit, using a sizing

ring.

The 60-day comment period on the proposed rule ended May 2, 1995,

and a total of twenty-six comments were received from growers,

shippers, and receivers. All comments were in favor of the proposal in

its entirety, although concerns were raised. In addition, one comment

was received from the Agricultural Research Service (ARS).

A copy of the proposed rule was provided to the ARS for helping

identifying studies, data collection or other information relevant to

the possible effect of the proposed revision on pesticide use. ARS

reported that they were unable to find much information on the subject.

The information that was found by ARS proved not to be relevant.

Twenty-six comments were in favor of revising the United States

Standards for Grades of Peaches by changing the method in which peaches

are sized from shortest diameter using a caliper or slotted sizing ring

to the greatest diameter using a sizing ring. It is believed that this

revision will create uniformity within the marketplace.

One comment from a receivers association went on to state that they

were concerned that the proposed change would allow shippers to market

smaller peaches than those that are marketed under the current method

of sizing peaches. They did not believe that shipment of smaller

peaches would be beneficial to the receivers, wholesalers, retailers or

consumers. Another comment from a State association stated that ``it is

estimated that fruit sized with a ring will yield approximately four

fruit per pound while fruit labeled the same size but measured with a

caliper will yield only three fruit per pound.'' Although this change

in sizing method may yield slightly more fruit per pound, this change

is insignificant when considering the ease of determining size by the

new method.

Sizing machinery used by packers/shippers has never measured

peaches based on a slotted sizing method. Most automated sizing methods

have generally been based on a ring sizing

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method. As a result, peach industry packers/shippers had to estimate

the size of the final pack. Ultimately, this meant using trial and

error methods to yield properly sized fruit. This change should result

in a more uniform and accurately sized pack, and at the same time

alleviate the unnecessary time spent by these individuals by

eliminating this trial and error method.

The revision will affect peaches that are sized to a minimum

diameter, which are mostly grown on the east coast and some in the

Midwest. This will not affect peaches grown on the west coast as they

are sized based on 7 CFR part 917, consisting of a weight-count system.

AMS develops and improves standards of quality, condition, grade,

and packaging in order to facilitate efficient marketing. The

provisions of this final rule are the same as those in the proposed

rule.

List of Subjects in 7 CFR Part 51

Agricultural commodities, Food grades and standards, Fruits, Nuts,

Reporting and recordkeeping requirements, Vegetables.

For reasons set forth in the preamble, 7 CFR Part 51 is amended as

follows:

PART 51--[AMENDED]

1. The authority citation for 7 CFR part 51 continues to read as

follows:

Authority: 7 U.S.C. 1622, 1624.

2. In part 51, Sec. 51.1216(c) is revised to read as follows:

Subpart--United States Standards for Grades of Peaches

Sec. 51.1216 Size requirements.

* * * * *

(c) Diameter means the greatest dimension measured at right angles

to a line from stem to blossom end of the fruit.

* * * * *

Dated: July 24, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95-18904 Filed 8-1-95; 8:45 am]

BILLING CODE 3410-02-P