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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-15628

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** June 20, 1996
- **Citation:** 61 FR 31387

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-15628. Public record. Not legal advice.