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

SUMMARY: The Department of Agriculture is adopting as a final rule,

with appropriate modifications, the provisions of an interim final rule

which revised the handling requirements for California nectarines and

peaches by modifying the grade, size, maturity, container, and pack

requirements for fresh shipments of these fruits, beginning with 1996

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.

EFFECTIVE DATE: July 22, 1996.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist,

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; or

Kenneth Johnson, 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) 720-2861.

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 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 to review the Secretary's

ruling on the petition, provided an action 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 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 from all sources are less than $5,000,000.

A majority of these handlers and producers may be classified as small

entities. In recent years, average combined sales of peaches and

nectarines per handler have been about $600,000. Typically, about

three-fourths of peach and nectarine handlers have sales of less than

the average for the industry.

The Nectarine Administrative Committee (NAC) and the Peach

Commodity Committee (PCC) met December 7, 1995, and unanimously

recommended that the handling requirements for California nectarines

and peaches, respectively, 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.

This rule finalizes an interim final rule that revised the handling

requirements for nectarines in Sec. 916.350 California Nectarine

Container and Pack Regulation (7 CFR 916.350), and in Sec. 916.356

California Nectarine Grade and Size Regulation (7 CFR 916.356); as well

as for peaches in Sec. 917.442 California Peach Container and Pack

Regulation (7 CFR 917.442) and in Sec. 917.459 California Peach Grade

and Size Regulation (7 CFR 917.459). The interim final rule was issued

on March 21, 1996, and published in the Federal Register (61 FR 13386,

March 27, 1996).

The interim final rule provided a 30-day comment period which ended

on April 26, 1996. One comment was received from Gary W. Van Sickle,

Field Director for the NAC and the PCC requesting changes in the

dimensions and display panel of the new reusable

[[Page 31388]]

and recyclable container. He noted that the size of the box was more

accurately 12 x 19\3/4\, rather than 12 x 20. He also stated that with

regard to some styles of the new reusable and recyclable container, the

lid was not the only display panel upon which a label could be affixed.

Therefore, he suggested that either the lid or the outside end would be

appropriate for the new containers.

Mr. Van Sickle also requested a correction in the size requirement

for Nectarine 23, a nectarine variety recommended to be removed from

the variety-specific size requirements and placed in the blanket size

requirements. Mr. Van Sickle noted that since the December 7, 1995,

meeting of the NAC, additional information had been received which

indicated that the Nectarine 23 variety should remain in the variety-

specific requirements. The NAC, as well as the PCC, has a policy of

recommending the deletion of varieties from the variety-specific

requirements when shipments of the variety fall below 5,000 packages.

After receipt of all information, it was determined that the shipments

of the Nectarine 23 variety for the 1995 season totaled 24,104

packages, well above the 5,000 package threshold. For that reason, the

Nectarine 23 variety should remain in the variety-specific size

requirements for the 1996 season.

The Department finds that Mr. Van Sickle's suggestions are well

founded and are incorporated within this rule.

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 one size designation for the

weight-count standards in Column B of Table 1 for early-season and mid-

season nectarine varieties and one size designation for the weight-

count standards in Column B of Table 2. Continuing research conducted

by the NAC indicate that early-season and mid-season fruit weighs less

than late-season fruit and the weight-count standards were, therefore,

modified for the past two seasons based on that consideration. Results

from the 1995 season suggest that a minor modification of Table 1 and

Table 2 is necessary to provide more accurate weight-count standards

for early-season and mid-season nectarines, and late-season nectarines.

The NAC recommended these revised weight-count standards for

nectarines after a comprehensive review of the appropriate

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

tight-filled containers for early-season and mid-season nectarine

varieties, as well as late-season varieties. Specifically, the NAC's

recommendation provides that the maximum number of nectarines of size

50 in a 16-pound sample of early-season and mid-season fruit is more

appropriately 39 rather than 38. Also the maximum number of nectarines

of size 50 in a 16-pound sample of late-season fruit is more

appropriately 37 rather than 36.

Pack regulations provide for uniform packing practices. In

particular, weight-count standards provide for equality between fruit

packed in loose-filled or tight-filled containers and fruit packed in

tray-pack styles.

According to the NAC, packers occasionally moved fruit from tray-

pack styles of pack to loose-filled or tight-filled pack styles. This

activity has led to an awareness that fruit which was of proper size

when tray-packed exceeded the maximum number of nectarines for the 16-

pound sample for corresponding loose-filled or tight-filled pack size.

In some instances, these samples required an additional piece of fruit

to meet the 16-pound weight requirement, thus causing the pack to be

``marked'' smaller than its equivalent tray-pack size. When packs are

``marked'' smaller this causes the container to be sold for a lower

price.

Revised and refined weight-count standards should provide for more

accurate marking of sizes when packed in loose-filled or tight-filled

pack styles compared to equivalent sizes that are tray packed. These

regulations provide for uniformly packed containers of nectarines.

These regulations also attempt to assure equivalent returns for growers

based on style of pack used.

This rule also further clarifies the definition of ``tree ripe''

added to Sec. 916.350 paragraph (b) for the 1995 season. According to

the NAC, ``tree ripe'' is an optional marking with regard to maturity

that is stamped on containers of nectarines. Currently, the definition

of tree ripe is based on the California Well Matured maturity

requirement and is intended to be used for fruit which has been allowed

to ripen naturally by remaining longer on the tree. California Well

Matured means that fruit has been picked at a maturity level distinctly

more advanced than ``mature.'' The definition of ``tree ripe'' was

added in 1995 so that its meaning was consistent with other descriptive

markings and provided a consistent minimum maturity level throughout

the industry to the benefit of consumers. However, during the 1995

season, some handlers marked their boxes of fruit as ``tree ripened.''

It has been recommended by the NAC that the terms ``tree ripe'', and

``tree ripened'', and other terms which denote an advanced level of

maturity due to the fruit remaining on the tree for a longer period,

are interchangeable terms indicative of the enhanced maturity of the

fruit inside the box. Requiring containers of nectarines to be at a

minimum California Well Matured in order to be marked ``tree ripe'' or

``tree ripened'', or other interchangeable terms such as ``ripened on

the tree'', or ``ripened on tree'' will clarify the current regulation

by specifying when the ``tree ripe'' or some similar marking using the

words ``tree'' and ``ripe'', can be used and help to ensure that buyer

expectations are met.

The NAC also recommended that a new container, that also allows for

markings on the lid of the container, be approved for nectarine

shipments for the 1996 season only. The NAC will review the impact of

the use of this container with shippers prior to the 1997 season.

The marketing order, under Sec. 916.350, requires that all

containers be marked with specific information (e.g. handler, grade,

size, and variety) and that all such markings on nectarine containers

have to be applied to the outside end of the container. This has been

defined as any of the four sides of the container, but not on the lid.

Currently, there is interest by handlers in containers that are

reusable thus creating financial savings for handlers. There is now a

reusable and recyclable container, a single layer, plastic, 12 x 19 \3/

4\ inch box, that is available for use with nectarines. However, the

design of some styles of the container, which has cooling slots in all

of its sides, is such that the markings cannot easily be placed on the

outside end of the container.

The NAC believes that allowing for markings to be placed on the

container lid or on the outside end of the container will facilitate

the use of all styles of this plastic, reusable and recyclable

container in compliance with marketing order requirements. Authorizing

the use of this new container will allow handlers to reduce their

container costs through the continued reuse of the container.

[[Page 31389]]

Maturity Requirements (Nectarines)

Section 916.356 specifies maturity requirements for fresh

nectarines in paragraphs (a)(1) and (a)(1)(i), including Table 1. For

fruit being inspected and certified as meeting the maturity

requirements for ``well matured'', determinations are generally in

terms of maturity guides (e.g., color chips) specified in Table 1.

This rule revises paragraph (a)(1) by exempting certain nectarine

varieties from the requirement that a blush or red color be present on

the skin of the nectarines. By their nature, some newer yellow

nectarine varieties fail to attain any color other than yellow on the

skin of the fruit. The U. S. Standards for Grades of Nectarines

requires that a blush or red color be present on the skin of the fruit

in order for the fruit to be considered as U. S. No. 1 grade.

This rule also revises Table 1 of paragraph (a)(1)(I) of

Sec. 916.356 for nectarines to add the maturity guides for four

nectarine varieties. Specifically, an addition to the maturity guides

was recommended for Grand Diamond, King Jim, and Spring Brite at a

maturity guide of L, and Rose Diamond at a maturity guide of J.

The NAC recommended these maturity requirement changes for these

nectarine varieties based on a continuing review by the Shipping Point

Inspection Service of their individual maturity characteristics, and

the identification of the appropriate color chip corresponding to the

``well matured'' level of maturity for such variety.

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 six nectarine

varieties that were produced in commercially significant quantities of

more than 10,000 packages for the first time during the 1995 season.

This rule also modifies the variety-specific size requirements for two

varieties of nectarines by reassigning those varieties.

Size regulations are put in place to improve fruit quality by

allowing fruit to stay on the tree for a greater length of time. This

increased growing time not only improves maturity and, therefore, the

quality of the product, but also the size of the fruit. Increased size

results in increases in the number of packed boxes of nectarines per

acre. This provides greater consumer satisfaction, more repeat

purchases, and, therefore, increases returns to growers. Varieties

recommended for specific size regulation have been reviewed and

recommendations are based on the characteristics of the variety to

attain minimum size.

Paragraph (a)(3) is revised to include the Johnny's Delight and May

Jim varieties; paragraph (a)(4) is revised to include the Arctic Rose

variety; and paragraph (a)(6) in Sec. 916.356 is revised to include the

Flame Glo, Prima Diamond III, Prima Diamond IV, Prima Diamond VIII, and

the White Jewels nectarine varieties.

This rule also revises Sec. 916.356 to remove eleven 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 1995 season. Paragraph (a)(2) of that section

is revised to remove the Royal Delight nectarine variety. Paragraph

(a)(4) is revised to remove the Sunfre variety, and paragraph (a)(4) is

also revised to delete the May Jim variety. This variety was placed in

this paragraph prior to the 1995 season. The variety matures to a

smaller-than-average size when compared to other varieties in this

paragraph. Based upon its sizing characteristics from the 1995 season,

removal of the May Jim variety from this paragraph was recommended.

Paragraph (a)(6) is revised to remove the Del Rio Rey, Independence, La

Pinta, Late Le Grand, Royal Red, Son Red, Sun Grand, and 181-119

(Sierra Star) nectarine varieties. Paragraph (a)(6) is also revised to

remove the Arctic Rose variety. This variety was placed in this

paragraph prior to the 1995 season. The variety matures to a smaller-

than-average size when compared to other varieties in this paragraph.

Based upon its sizing characteristics from the 1995 season, removal of

the Arctic Rose variety from this paragraph was recommended.

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.

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.

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 one size designation

for the weight-count standards in Column B of Table 1 for early-season

and mid-season peach varieties. Research conducted by the PCC indicated

that early-season and mid-season fruit weighs less than late-season

fruit and the weight-count standards were, therefore, modified for the

past two seasons based on that consideration. Results from the 1995

season suggest that a minor modification of Table 1 is necessary to

provide more accurate weight-count standards for early-season and mid-

season peaches.

The PCC recommended the revised container marking requirement

changes for peaches after a comprehensive review of the appropriate

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

tight-filled containers for early-season and mid-season peach varieties

prior to the 1996 season. Specifically, the PCC's recommendation

provides that the maximum number of peaches of size 54 in a 16-pound

sample of early-season and mid-season fruit is more appropriately 44

rather than 43.

Pack regulations provide for uniform packing practices. In

particular, weight-count standards provide for equality between fruit

packed in loose-filled or tight-filled containers and fruit packed in

tray-pack styles.

According to the PCC, packers occasionally moved fruit from tray-

pack styles of pack to loose-filled or tight-filled pack styles. This

activity has led to an awareness, especially in regard to early-season

varieties, that fruit which was of proper size when tray-packed

exceeded the maximum number of peaches for the 16-pound sample for

corresponding loose-filled or tight-filled pack size. In some

instances, these samples needed an additional piece of fruit to meet

the 16-pound weight requirement, thus causing the pack to be ``marked''

smaller than its equivalent tray-pack size. When packs are ``marked''

smaller this causes the container to be sold for a lower price. During

the 1994 season, new weight-count assignments for early varieties

[[Page 31390]]

were in place. Research continued with the purpose of possible

refinement of those weight-count assignments.

Revised and refined weight-count standards for early varieties

should provide for more accurate marking of size when packed in loose-

filled or tight-filled pack styles compared to equivalent sizes that

are tray packed. These regulations provide for uniformly packed

containers of peaches. These regulations also attempt to assure

equivalent returns for growers based on style of pack used.

This rule also further clarifies the definition of ``tree ripe''

added to Sec. 917.442 paragraph (b) for the 1995 season. According to

the PCC, ``tree ripe'' is an optional marking with regard to maturity

that is stamped on containers of peaches. Currently the definition of

tree ripe is based on the California Well Matured maturity requirement

and is intended to be used for fruit which has been allowed to ripen

naturally by remaining longer on the tree. California Well Matured

means that fruit has been picked at a maturity level distinctly more

advanced than ``mature.'' The definition of ``tree ripe'' was added in

1995 so that its meaning was consistent with other descriptive markings

and provided a consistent minimum maturity level throughout the

industry to the benefit of consumers. However, during the 1995 season,

some handlers marked their boxes of fruit as ``tree ripened.'' It has

been recommended by the PCC that the terms ``tree ripe'' and ``tree

ripened'' and other terms which denote an advanced level of maturity

due to the fruit remaining on the tree for a longer period, are

interchangeable terms indicative of the enhanced maturity of the fruit

inside the box. Requiring containers of peaches to be at a minimum

California Well Matured in order to be marked ``tree ripe'' or ``tree

ripened'', or other interchangeable terms such as ``ripened on the

tree'', or ``ripened on tree'' will clarify the current regulation by

specifying when the ``tree ripe'' or some similar marking using the

words ``tree'' and ``ripe'' can be used and help to ensure that buyer

expectations are met.

The PCC also recommended that a new container, that also allows for

markings on the container lid, be approved for peach shipments for the

1996 season only. The PCC will review the impact of this container with

shippers prior to the 1997 season.

The marketing order, under Sec. 917.442, requires that all

containers be marked with specific information (e.g. handler, grade,

size, and variety) and that all such markings on peach containers have

to be applied to the outside end of the container. This has been

defined as any of the four sides of the container, but not on the lid.

Currently, there is interest by handlers in containers that are

reusable thus creating financial savings for handlers. There is now a

reusable and recyclable container, a single layer, plastic, 12 x

19\3/4\ inch box, that is available for use with peaches. However, the

design of some styles of the container, which has cooling slots in all

of its sides, is such that the markings cannot easily be placed on the

outside end of the container.

The PCC believes that allowing for markings to be placed on the

container lid or on the outside end of the container will facilitate

the use of all styles of this plastic, reusable and recyclable

container in compliance with marketing order requirements. Authorizing

the use of this new container will allow handlers to reduce their

container costs through the continued reuse of the container.

Maturity Requirements (Peaches)

Section 917.459 specifies maturity requirements for fresh peaches

in paragraph (a)(1), including TABLE 1. For fruit being inspected and

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

maturity determinations are generally in terms of maturity guides

(e.g., color chips) specified in Table 1. This rule revises Table 1 of

paragraph (a)(1)(ii) of Sec. 917.459 for peaches to change the maturity

guide for the Elegant Lady peach variety from a maturity guide M to a

maturity guide L. It also adds two peach varieties for which color

chips had not been established previously. The Early Delight peach

variety has been recommended to be added with a maturity guide H and

the May Sun variety has been recommended to be added with a maturity

guide I.

The PCC recommended these maturity requirement changes for these

peach varieties based on a continuing review by the Shipping Point

Inspection Service 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

also revises Sec. 917.459 to establish variety-specific size

requirements for six peach varieties that were produced in commercially

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

during the 1995 season.

Size regulations are put in place to improve fruit quality by

allowing fruit to stay on the tree for a greater length of time. This

increased growing time not only improves maturity, and, therefore, the

quality of the product, but also size of the fruit. Increased size

results in increases in the number of packed boxes of peaches per acre.

This provides greater consumer satisfaction, more repeat purchases,

and, therefore, increases returns to growers. Varieties recommended for

specific size regulation have been reviewed and recommendations are

based on the characteristics of the variety to attain minimum size.

In Sec. 917.459 paragraph (a)(5) is revised to include the May Sun

peach variety; and paragraph (a)(6) is revised to include the July Sun,

Kaweah, Snow Giant, Snow King, and Sugar Giant peach varieties.

This rule also revises Sec. 917.459 to remove eleven 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 1995 season. In Sec. 917.459 paragraph (a)(2)

of Sec. 917.459 is revised to remove the Flordaprince peach variety;

paragraph (a)(5) is revised to remove the First Lady, Merrill Gem,

Royal May, Sierra Crest, Summer Crest, and 50-178 peach varieties; and

paragraph (a)(6) is revised to remove the Angelus, August Delight,

Parade, and Scarlet Lady 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.

The removal of the Flordaprince variety from paragraph (a)(2)

results in there being no varieties regulated within size 96 for the

1996 season. Since the variety-specific list is subject to change from

one season to another, the Department wishes to reserve paragraph

number (a)(2) for future regulation of peaches at size 96.

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 fruit. This rule is designed to establish minimum size

requirements for fresh peaches consistent with expected crop and market

conditions.

In addition, this rule revises paragraph (a)(6) of Sec. 917.459 by

adding three peach varieties which were inadvertently removed from this

paragraph, and deleting three varieties which were left in this

paragraph. Those peach varieties which are being added

[[Page 31391]]

to paragraph (a)(6) of Sec. 917.459 include the Fancy Lady, Snow Ball,

and Sugar Lady peach varieties. Those peach varieties which were

inadvertently left in the variety-specific size requirement at

paragraph (a)(6) of Sec. 917.459 and are being removed include the July

Lady, Red Cal, and Redglobe peach varieties. The Sugar Giant peach

variety should also be added to the variety-specific size requirement

in paragraph (a)(6) of Sec. 917.459. This variety was recommended to be

added by the PCC in 1996 and was inadvertently left out of the interim

final rule.

Further, this rule revises paragraph (a)(6) of Sec. 917.459 by

changing the name of the peach variety, Red Boy. The exclusive handler

of this peach variety changed the name in the 1995 season. For that

reason, the name of the Red Boy peach variety is changed to Red Dancer.

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.

Therefore, 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.

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.

Accordingly, the interim final rule amending 7 CFR parts 916 and

917 which was published at 61 FR 13386 on March 27, 1996, is adopted as

a final rule with the following changes:

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.

Sec. 916.350 [Amended]

2. In Sec. 916.350, paragraph (c) is revised to read as follows:

Sec. 916.350 California Nectarine Container and Pack Regulation.

* * * * *

(c) Each container of nectarines in plastic, 12 x 19\3/4\ inch

reusable and recyclable containers shall meet and bear, on the

container lid or on the outside end, all applicable marking

requirements under the order.

Sec. 916.356 [Amended]

3. In Sec. 916.356, paragraph (a)(6) is amended by adding the name

``Nectarine 23''.

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.

Sec. 917.442 [Amended]

2. In Sec. 917.442, paragraph (c) is revised to read as follows:

Sec. 917.442 California Peach Container and Pack Regulation.

* * * * *

(c) Each container of peaches in plastic, 12 x 19\3/4\ inch

reusable and recyclable containers shall meet and bear, on the

container lid or on the outside end, all applicable marking

requirements under the order.

Sec. 917.459 [Amended]

3. In Sec. 917.459, paragraph (a)(6) is amended by adding the names

``Fancy Lady,'' ``Red Dancer'', ``Snow Ball'', ``Sugar Giant'', and

``Sugar Lady'', and removing the names ``July Lady'', ``Red Boy'',

``Red Cal'', and ``Redglobe''.

Dated: June 13, 1996.

Sharon Bomer Lauritsen,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 96-15628 Filed 6-19-96; 8:45 am]

BILLING CODE 3410-02-P