Amendment of Provisions Regulating Domestically Produced Peanuts Handled by Persons Not Subject to the Peanut Marketing Agreement

DEPARTMENT OF AGRICULTURE

7 CFR Part 997

[Docket No. FV95-997-2IFR]

Amendment of Provisions Regulating Domestically Produced Peanuts

Handled by Persons Not Subject to the Peanut Marketing Agreement

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule amends for 1995 and subsequent crop years several

certification and identification requirements established for peanuts

handled by persons not signatory to Peanut Marketing Agreement No. 146

(Agreement). This rule provides for a chemical analysis exemption for

superior grade shelled peanuts and establishes a maximum grade

tolerance for reconditioning failing peanuts by blanching. Finally,

this rule adds addresses and updates contact numbers of chemical

analysis laboratories. The changes concerning peanuts for human

consumption are consistent with industry operating practices and help

bring the non-signatory handling requirements into conformity with

requirements specified in the Agreement. The rule should reduce the

regulatory burden and handling costs on non-signatory peanut handlers.

DATES: Effective September 28, 1995. Comments received by October 30,

1995, 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, D.C., 20090-6456, or Fax: (202) 720-5698. Comments

should reference the docket number and the date and page number of this

issue of the Federal Register and will be available for public

inspection in the Office of the Docket Clerk during regular business

hours.

FOR FURTHER INFORMATION CONTACT: Richard Lower, Marketing Order

Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.

[[Page 50084]]

Box 96456, room 2523-S, Washington, D.C. 20090-6456, telephone (202)

720-2020, facsimile (202) 720-5698.

SUPPLEMENTARY INFORMATION: This interim final rule is issued pursuant

to requirements of 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 action will not preempt any State or local laws,

regulations, or policies, unless they present an irreconcilable

conflict with this rule. This action is not intended to have

retroactive effect. There are no administrative procedures which must

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

rule.

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 rule 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.

There are approximately 45 handlers of peanuts who have not signed

the Agreement and, thus, are subject to the regulations contained

herein. Small agricultural service firms are defined by the Small

Business Administration (13 CFR 121.601) as those whose annual receipts

are less than $5,000,000. It is estimated that most of the non-

signatory handlers are small entities. Most of the 47,000 peanut

producers who might potentially do business with these handlers are

also small entities. Small agricultural producers have been defined as

those having annual receipts of less than $500,000.

In 1994, the reported U.S. production, mostly covered under the

Agreement, was approximately 4.25 billion pounds of peanuts, a 25

percent increase from the short 1993 crop. The preliminary 1994 peanut

crop value is $1.23 billion, up 19 percent from the 1993 crop value.

After aflatoxin was found in peanuts in the mid-1960's, the

domestic peanut industry has sought to minimize aflatoxin contamination

in peanuts and peanut products. Under authority of the Act, Peanut

Marketing Agreement No. 146 and the Peanut Administrative Committee

(Committee) were established by the Secretary in 1965. The Agreement

was signed by a majority of domestic peanut handlers (signatory

handlers).

Public Law 101-220, enacted December 12, 1989, amended section 608b

of the Act to require that all handlers who have not signed the

Agreement (non-signatory handlers) be subject to quality, handling, and

inspection requirements to the same extent and manner as are required

under the Agreement. Regulations to implement Pub. L. 101-220 were

issued and made effective on December 4, 1990 (55 FR 49983). It is

estimated that 5 percent of the domestic peanut crop is marketed by

non-signatory handlers and the remainder of the crop is handled by

signatory handlers.

The objective of the Agreement and the non-signatory handling

regulations (7 CFR part 997) is to ensure that only wholesome peanuts

enter edible market channels. Under both regulations, farmers stock

peanuts with visible Aspergillus flavus mold (the principle source of

aflatoxin) are required to be diverted to non-edible uses. Both

regulations also provide that shelled peanuts meeting minimum outgoing

quality requirements must be chemically analyzed for aflatoxin

contamination.

Under the non-signatory provisions, no peanuts may be sold or

otherwise disposed of for human consumption if the peanuts fail to meet

the quality requirements of the Agreement. The non-signatory handler

regulations have been amended several times thereafter and are

published in 7 CFR part 997. All amendments have been made to ensure

that the non-signatory handling requirements are the same as

modifications made to the signatory handling requirements under the

Agreement. Violation of non-signatory regulations may result in a

penalty in the form of an assessment by the Secretary equal to 140

percent of the support price for quota peanuts. The support price for

quota peanuts is determined under section 108B of the Agricultural Act

of 1949 (7 U.S.C. 1445c-3) for the crop year during which the violation

occurs.

Because aflatoxin appears most frequently in damaged, stressed,

under-developed, and malformed peanut kernels, peanut lots with fewer

poor quality kernels are less likely to be contaminated. Under

Sec. 998.200(a) of the Agreement, minimum quality requirements for

shelled peanuts are found in the ``Other Edible Quality'' table of the

Agreement. All shelled peanuts destined for edible consumption must

meet these minimum requirements. Peanuts meeting this minimum grade

must also be chemically tested for contamination.

The Agreement also has a higher level of quality requirements

titled ``Indemnifiable Grades.'' Peanuts meeting the indemnifiable

grades do not have to be chemically analyzed for aflatoxin.

The minimum quality requirements specified in the ``Other Edible

Quality'' table of the Agreement are also specified in the non-

signatory handler regulations in the table titled ``Minimum Grade

Requirements--Peanut for Human Consumption'' (hereinafter referred to

as Table 1) in Sec. 997.30(a).

To be consistent with the Agreement, the Department is establishing

in this interim final rule, a second table titled ``Superior Quality

Exemption--Peanuts for Human Consumption'' (hereinafter referred to as

Table 2) in the outgoing quality requirements in Sec. 997.30(a). The

quality requirements in Table 2 are the same as those established in

the Indemnifiable Grades table of the Agreement. Non-signatory handler

peanuts meeting the Superior Quality Exemption grades are not required

to be chemically tested for aflatoxin. However, buyers often require

chemical analysis as an assurance of minimum aflatoxin contamination.

The Superior Quality Exemption tolerances in these regulations are

(in percentage of kernels): Unshelled and damaged kernels (1.25);

combined unshelled, damaged kernels and kernels with minor defects

(2.00); sound split and broken kernels (3.00 for most varieties); sound

whole kernels that pass specified screens (3.00 for most varieties);

combined sound split and broken kernels (4.00 for all varieties);

foreign material (.10 for some varieties and .20 for other varieties),

and moisture (9.00).

Amendments to handling requirements: The Committee meets in

February or March each year and recommends to the Secretary such rules

and regulations as may be necessary to keep the Agreement consistent

with current industry practice. The Committee met on March 22 and 23,

1995, and unanimously recommended four relaxations in the Agreement

handling requirements which the Department accepted. The changes were

published in the July 14, 1995, issue of the Federal Register as an

interim final rule (60 FR 36205). This interim final rule establishes

the same relaxations, as appropriate, for the non-signatory handling

regulations.

The first amendment relaxes Positive Lot Identification (PLI) and

quality certification requirements specified in paragraph (g) of

Sec. 997.20 Shelled

[[Page 50085]]

peanuts by allowing movement of failing quality shelled peanuts, which

originated from Segregation 1 peanuts, from one handler to another

handler without requiring re-inspection and PLI certification by the

receiving handler. Currently, paragraph (g) provides that handlers may

acquire from other handlers for remilling, Segregation 1 shelled

peanuts that fail to meet the requirements for human consumption. The

peanuts must be accompanied by a valid inspection certificate and be

positive lot identified. Further, the peanuts must be held and milled

separate and apart from other receipts or acquisitions of the receiving

handler and the transaction must be reported to the Division by both

handlers.

Under the relaxed handling procedure, receiving handlers are not

required to hold and remill such peanuts separate from other receipts

and acquisitions of the handlers and the received peanuts do not have

to be reinspected. Any peanuts so transferred and handled must still

meet all the applicable edible quality requirements before being

disposed of for human consumption.

Therefore, paragraph (g) of Sec. 997.20 is revised by removing the

second sentence requiring inspection certification and positive lot

identification and changing the last sentence to remove reference to

received peanuts being held and milled separate and apart from other

peanuts.

The second amendment relaxes ownership requirements of paragraph

(f) of Sec. 997.30 Outgoing regulations by allowing handlers to

transfer peanuts to another handler or to domestic commercial storage

facilities. Currently, paragraph (f) applies to transfer of peanuts

from one plant to another of a handler's plants or to commercial

storage without having the peanuts PLI and certified as meeting quality

requirements--provided that ownership is retained by the handler and

that the transfer is only to points within the same production area.

The amendment extends the provisions of paragraph (f) to allow the

transfer of peanuts from one handler's facility to another handler's

facility for further handling. The relaxation allows handlers to make

the most efficient use of other handling facilities without having to

pay additional costs entailed in obtaining PLI and quality

certification of the peanuts. Any peanuts so transferred are still

subject to all applicable edible quality requirements before being

disposed of for human consumption. Thus, paragraph (f) of Sec. 997.30

is revised to include transfer of peanuts between facilities of

different handlers without quality certification and PLI at the time of

transfer.

Similarly, the third amendment revises some PLI and certification

requirements of paragraphs (a)(1), (a)(2) and (a)(3) of Sec. 997.40

Reconditioning and disposition of peanuts failing quality requirements.

Paragraph (a)(1) currently provides that a handler of failing quality,

Segregation 1 shelled peanuts may remill, move under PLI to a custom

remiller, sell to another handler, or blanch such peanuts. Paragraph

(a)(2) provides that such peanuts moved to blanching, or sold to

another handler for blanching, must be moved under PLI. Paragraph

(a)(3) requires peanut lots in such transactions to be accompanied by a

valid grade certificate and moved under PLI. Peanuts so handled should

be kept separate and apart from other peanuts at the remilling,

blanching or receiving handler facility.

Under the relaxed handling procedure, the peanuts do not have to be

moved under PLI to the remiller, blancher, or receiving handler.

Further, to be consistent with the changes in the Agreement

regulations, peanuts so moved no longer have to be kept separate and

apart from other peanuts at the remilling, blanching or receiving

handler facility. Thus, paragraphs (a)(1), (a)(2), and (a)(3) are

revised by removing references to PLI and movement accompanied by valid

certification. Additionally, provisions are added in the appropriate

provisions to provide that the transferred peanuts do not have to be

kept separate and apart at the receiving remilling, blanching, or

handling facility.

The Committee members, in proposing the changes in the Agreement

provisions, believed that the more restrictive level of regulatory

control for each peanut lot is no longer needed. The changes in this

rule are based on the fact that current shelling, processing, remilling

and blanching technologies are generally more efficient than in the

past. The rule makes it more economical for handlers to use blanchers'

and remillers' facilities which are generally operated more

efficiently. These facilities are now located throughout the different

production areas which also encourages their use.

The rule is intended to provide handlers more reconditioning

flexibility by eliminating some certification requirements and PLI of

peanuts and reducing costs incurred during movement to different

locations and facilities. The rule should improve handlers' competitive

positions. Relaxing the regulations will allow freer movement of

peanuts and more efficient use of facilities. The relaxation of PLI and

certification requirements will reduce the number of inspections and

result in lower costs to the entire industry. Fewer inspections are not

expected to compromise the industry's quality control and lot

identification objectives.

This interim final rule also adds and updates addresses and

telephone and facsimile numbers, where applicable, of approved

aflatoxin testing laboratories. The laboratories perform chemical

analyses required by the non-signatory handling regulations. This

information is provided in paragraph (c)(5)(i) of Sec. 997.30 Outgoing

regulation. Nine of the laboratories are approved by the USDA/AMS

Science Division and eight are approved by the Committee. Non-signatory

handlers may send peanut samples to any laboratory on the list, per

instructions specified in paragraph (c) of the outgoing regulation.

This rule also updates information in paragraph (c)(5)(ii) identifying

the contact point of the USDA Science Division headquarter's office.

In accordance with the Paperwork Reduction Act of 1988 (44 U.S.C.

Chapter 35), information collection requirements that are contained in

this rule have been previously approved by the Office of Management and

Budget (OMB) and have been assigned OMB No. 0581-0163.

Based on the above, the Administrator of the AMS has determined

that this interim final rule will not have a significant economic

impact on a substantial number of small entities. Written comments,

timely received, in response to this action, will be considered before

any finalization of this rule.

After consideration of all relevant matter presented and other

information, it is found that the changes set forth below 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 action until 30 days after publication in the

Federal Register because: (1) This rule relaxes several handling

restrictions on peanut handlers not subject to the Agreement; (2) the

1995 peanut harvest is expected to begin soon and handlers should be

aware of handling regulations prior to harvesting activities; (3) this

rule brings the quality requirements under part 997 into conformity

with those under the

[[Page 50086]]

Agreement, as required by the Act; and (4) this action provides a 30-

day comment period and any comments received will be considered prior

to issuance of any final rule.

List of Subjects in 7 CFR Part 997

Food grades and standards, Peanuts, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR part 997 is

amended as follows:

PART 997--PROVISIONS REGULATING THE QUALITY OF DOMESTICALLY

PRODUCED PEANUTS HANDLED BY PERSONS NOT SUBJECT TO THE PEANUT

MARKETING AGREEMENT

1. The authority citation for 7 CFR part 997 continues to read as

follows:

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

2. Paragraph (g) of Sec. 997.20 is revised to read as follows:

Sec. 997.20 Incoming regulation.

* * * * *

(g) Shelled peanuts. Handlers may acquire from other handlers or a

handler as defined in 7 CFR 998.8, for remilling and subsequent

disposition to human consumption outlets, shelled peanuts (which

originated from ``Segregation 1 peanuts'') that fail to meet the

requirements specified for human consumption in Sec. 997.30(a).

Transactions made in this manner shall be reported to the Division on

Form FV-117-3 ``Report of Disposition to and Acquisition from Another

Handler--Shelled Peanuts Failing Edible Quality Requirements for

Remilling and Further Handling'' by both the handler selling such

peanuts and the handler acquiring such peanuts. Further disposition of

such peanuts shall be regulated by Sec. 997.40.

* * * * *

3. Section 997.30(a)(1) is amended by redesignating paragraph

(a)(1) as paragraph (a)(1)(i), revising introductory text preceding the

table, designating the table as ``Table 1'' and adding a new paragraph

(a)(1)(ii) to read as follows:

Sec. 997.30 Outgoing regulation.

(a) Shelled peanuts. (1)(i) No handler shall ship, sell, or

otherwise dispose of shelled peanuts for human consumption unless such

peanuts are Positive Lot Identified and certified as meeting the

requirements specified in Table 1 in this section. * * *

(ii) Peanuts meeting the specifications in paragraph (a)(1)(i) of

this section must also be certified ``negative'' as to aflatoxin, prior

to shipment, unless such peanuts are certified as meeting the superior

quality requirements in Table 2, and, as such, are exempt from

aflatoxin certification requirements.

Table 2.--Superior Quality Exemption--Peanuts for Human Consumption

[Whole kernels and splits]

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Maximum limitations

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Unshelled Unshelled Fall through

peanuts and peanuts, damaged ------------------------------------------------------------------------ Foreign

Type and grade category damaged kernels and materials Moisture

kernels minor Sound split and broken Sound whole kernels Total (percent) (percent)

(percent) defects(percent) kernels (percent) (percent)

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Runner U.S. No.1 and 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \16/64\ x \3/4\ 4.00%; both screens... .10 9.00

better. round screen. inch, slot screen.

Virginia U.S. No.1 and 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \15/64\ x 1 4.00%; both screens... .10 9.00

better. round screen. inch, slot screen.

Spanish and Valencia 1.25 2.00 3.00%; \16/64\ inch, 2.00%; \15/64\ x \3/4\ 4.00%; both screens... .10 9.00

U.S. No.1 and better. round screen. inch, slot screen.

Runner U.S. Splits (not 1.25 2.00 2.00%; \17/64\ inch, 3.00%; \14/64\ x \3/4\ 4.00%; both screens... .20 9.00

more than 4% sound, round screen. inch, slot screen.

whole kernels).

Virginia U.S. Splits 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \14/64\ x 1 4.00%; both screens... .20 9.00

(not less than 90% round screen. inch, slot screen.

splits and not more

than 3.00% sound whole

kernels and portions

passing through \20/

64\ inch round screen).

Spanish and Valencia 1.25 2.00 2.00%; \16/64\ inch, 3.00%; \13/64\ x \3/4\ 4.00%; both screens... .20 9.00

U.S. Splits (not more round screen. inch, slot screen.

than 4% sound, whole

kernels).

Runner with splits (not 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \16/64\ x \3/4\ 4.00%; both screens... .10 9.00

more than 15% sound round screen. inch, slot screen.

splits).

[[Page 50087]]

Virginia with splits 1.25 2.00 3.00%; \17/64\ inch, 3.00%; \15/64\ x 1 4.00%; both screens... .10 9.00

(not more than 15% round screen. inch, slot screen.

sound splits).

Spanish and Valencia 1.25 2.00 3.00%; \16/64\ inch, 2.00%; \15/64\ x \3/4\ 4.00%; both screens... .10 9.00

with splits (not more round screen. inch, slot screen.

than 15% sound splits).

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* * * * *

Sec. 997.30 [Amended]

3. Section 997.30(a)(2) is amended by removing the first sentence.

4. Section 997.30(c)(5) and (f) are revised to read as follows:

Sec. 997.30 Outgoing regulation.

* * * * *

(c) * * *

(5) Information on making arrangements for the required inspection

and certification can be obtained by contacting the Fresh Products

Branch, Fruit and Vegetable Division, Agricultural Marketing Service,

USDA, P.O. Box 96456, room 2049-S, Washington, DC, 20250, telephone

(202) 690-0604 or facsimile (202)720-0393.

(i) Laboratories at the following locations are approved to perform

the chemical analyses required pursuant to this part. The sampling plan

and procedures may be obtained from the Science Division.

USDA/AMS Science Division Aflatoxin Laboratories

USDA, AMS, Science Division, 1211 Schley Avenue, Albany, Georgia 31707,

Tel: (912) 430-8490, Fax: (912) 430-8534

USDA, AMS, Science Division, c/o Golden Peanut Company, 200 W.

Washington Street (Mail: P.O. Box 488), Ashburn, Georgia 31714, Tel:

(912) 567-3703, Fax: (912) 567-2006

USDA, AMS, Science Division, c/o Golden Peanut Company, 301 W. Pearl

Street (Mail: P.O. Box 279), Aulander, North Carolina 27805, Tel: (919)

345-1661, ext. 156, Fax: (919) 345-1991

USDA, AMS, Science Division, 610 North Main Street, Blakely, Georgia

31723, Tel: (912) 723-4570, Fax: (912) 723-3294

USDA, AMS, Science Division, c/o Golden Peanut Company, 42 North Ellis

Street (Mail: P.O. Box 548), Camilla, Georgia 31730, Tel: (912) 336-

0785, ext. 246, Fax: (912) 336-5776

USDA, AMS, Science Division, c/o Stevens Industries, Cargill, Inc., 715

North Main Street (Mail: P.O. Box 272), Dawson, Georgia 31742, Tel:

(912) 995-7257, Fax: (912) 995-3268

USDA, AMS, Science Division, 107 S. Fourth Street, Madill, Oklahoma

73446, Tel: (405) 795-5615, Fax: (405) 795-3645

USDA, AMS, Science Division, 1411 Reeves Street (Mail: P.O. Box 1368),

Dothan, Alabama 36302, Tel: (205) 792-5185, Fax: (205) 671-7984

USDA, AMS, Science Division, 308 Culloden Street (Mail: P.O. Box 1130),

Suffolk, Virginia 23434, Tel: (804) 925-2286, Fax: (804) 925-2285

Aflatoxin Laboratories Approved by the Peanut Administrative Committee

Pert Laboratories, P.O. Box 267, Peanut Drive, Edenton, North Carolina

27932, Tel: (919) 482-4456, Fax: (919) 482-5370

J. Leek Associates, Inc., 1200 Wyandotte (Mail: P.O. Box 50395),

Albany, Georgia 31705, Tel: (912) 889-8293, Fax: (912) 888-1166

J. Leek Associates, 675 E. Pine (Mail: P.O. Box 368), Colquitt, Georgia

31737, Tel: (912) 758-3722, Fax: (912) 758-2538

Pert Laboratory South, Highway 82 East Seabrook Drive (Mail: P.O. Box

149), Sylvester, Georgia 31791, Tel: (912) 776-7676, Fax: (912) 776-

1137

ABC Research, 3437 SW 24th Avenue, Gainesville, Florida 32607-4502,

Tel: (904) 372-0436, Fax: (904) 378-6483

J. Leek Associates, 502 West Navarro Street (Mail: P.O. Box 6), DeLeon,

Texas 76444, Tel: (817) 893-3653, Fax: (817) 893-3640

Quanta Lab, 9330 Corporate Drive, Suite 703, Selma, Texas 78154-1257,

Tel: (210) 651-5799, Fax: (210) 651-9271

Professional Service Ind., Inc., 3 Burwood Lane, San Antonio, Texas

78216, Tel: (210) 349-5242, Fax: (210) 342-9401.

(ii) Handlers should contact the nearest laboratory from the list

in paragraph (c)(5)(i) of this section to arrange to have samples

chemically analyzed for aflatoxin content, or for further information

concerning the chemical analyses required pursuant to this part

handlers may contact: The Science Division, Agricultural Marketing

Service, USDA, P.O. Box 96456, room 3507-S, Washington, D.C., 20090-

6456, telephone (202) 720-5231, facsimile (202) 720-6496.

* * * * *

(f) Transfer between plants. Handlers may transfer peanuts to any

handler or to domestic commercial storage without having such peanuts

positive lot identified and certified as meeting quality requirements.

Prior to any subsequent disposition to human consumption outlets, such

peanuts shall meet all quality requirements applicable for such

disposition.

* * * * *

5. In Sec. 997.40, paragraph (a)(1) and the first sentence in

paragraph (a)(2) are revised, and the first sentence of paragraph

(a)(3) is removed to read as follows:

Sec. 997.40 Reconditioning and disposition of peanuts failing quality

requirements.

(a) Further processing of shelled peanuts failing quality

requirements--

[[Page 50088]]

(1) Handlers may remill, move to a custom remiller, or sell to or

contract with another handler, or handler as defined in 7 CFR 998.8,

for remilling or further handling, shelled peanuts (which originated

from Segregation 1 peanuts) that fail to meet the requirements of

Sec. 997.30(a). Transactions made in this manner shall be reported to

the Department by both the buyer and seller on Form FV-117-4 provided

by the Department. If, after further handling, such peanuts meeting the

requirements of Sec. 997.30(a) may be disposed of for human

consumption. Such peanuts which still do not meet quality requirements

of Sec. 997.30(a) may be blanched as provided in paragraph (a)(2) of

this section or disposed of and such disposition reported as provided

in paragraph (b) of this section.

(2) Handlers may blanch, or cause to have blanched, shelled peanuts

(which originated from Segregation 1 peanuts) that fail to meet the

requirements for human consumption specified in Sec. 997.30(a) because

of excessive damage, minor defects, moisture, or foreign material or

are positive to aflatoxin. * * *

* * * * *

Dated: September 15, 1995.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 95-23897 Filed 9-27-95; 8:45 am]

BILLING CODE 3410-02-P