Peaches, plums, and nectarines; grade standards,
[Federal Register: September 25, 2002 (Volume 67, Number 186)]
[Proposed Rules]
[Page 60171-60184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se02-15]
Proposed Rules Federal Register
This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.
[[Page 60171]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Doc. FV-00-303]
Peaches, Plums, and Nectarines; Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
SUMMARY: This proposed rule would revise the United States Standards for Grades of Peaches, the United States Standards for Grades of Fresh Plums and Prunes, and the United States Standards for Grades of Nectarines. These standards are issued under the Agricultural Marketing Act of 1946. The changes being proposed are based on the findings of a California Tree Fruit Agreement (CTFA) Task Force that was formed to review the standards and on subsequent discussions with industry. This document also contains conforming and editorial changes.
DATES: Comments must be received by November 25, 2002.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Comments must be sent to the Standardization Section, Fresh Products Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Ave. SW, Room 2065 South Building, STOP 0240, Washington, DC 20250; Fax (202) 720-8871, E-mail FPB.DocketClerk@usda.gov. Comments should make reference to the date and page number of this issue of the Federal Register and will be made available for public inspection in the above office during regular business hours.
FOR FURTHER INFORMATION CONTACT: David L. Priester, at the above address or call (202) 720-2185; E-mail David.Priester@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and 12988
The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action 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. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of the rule.
Regulatory Flexibility Act
The Agricultural Marketing Service (AMS) received a request to update and revise the United States Standards for Grades of Peaches, the United States Standards for Grades of Fresh Plums and Prunes, and the United States Standards for Nectarines from the CTFA. The United States Standards for Grades of Peaches has not had a major revision since June 1952. There was a minor revision in 1995. The United States Standards for Grades of Fresh Plums and Prunes were last revised in June 1973, and the United States Standards for Grades of Nectarines were last revised April 1966. The CTFA is an industry association representing over 2,000 individual growers, packers and shippers. The CTFA has requested that these standards be revised to bring them into conformity with current packing, marketing and cultural practices. This request also has the support of the California Plum Marketing Board, Peach Commodity Committee, and the Nectarine Administrative Committee. The revisions being proposed will benefit all aspects of the peach, plum, prune, and nectarine industries making the standards current with today's marketing trends and practices.
Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), 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 businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Accordingly, AMS has prepared this initial regulatory flexibility analysis. Interested parties are invited to submit information on the regulatory and informational impacts of this action on small businesses.
This rule will revise the U.S. Standards for Grades of Peaches, the U.S. Standards for Grades of Fresh Plums and Prunes and the U.S. Standards for Grades of Nectarines that were issued under the Agricultural Marketing Act of 1946. Standards issued under the 1946 Act are voluntary.
There are approximately 400 handlers of peaches, plums and nectarines and approximately 2,200 producers of these fruits in the United States. Small agricultural service firms, which include handlers, have been defined by the Small Business Administration (SBA) (13 CFR 121.201) as those having annual receipts of less than $5,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. The majority of these handlers and producers may be classified as small entities.
This proposed rule would: delete the ``Unclassified'' section; establish a 25-count minimum sample; revise standard pack and size requirements for all three grade standards; develop en route or at destination tolerances for grades of peaches; define damage and serious damage by discoloration and growth cracks for grades of plums and prunes; revise color requirements for grades of nectarines.
The effects of this rule are not expected to be disproportionately greater or smaller for small handlers or producers than for larger entities.
This proposed action would make the standards more consistent and uniform with marketing trends and practices. This proposed action will not impose any additional reporting or recordkeeping requirements on either small or large peach, plum, prune, or nectarine producers or handlers. USDA has not identified any Federal rules that duplicate, overlap, or conflict with this rule. However, there are marketing programs which regulate the handling of nectarines and peaches under 7 CFR Parts 916 and 917. Nectarines and peaches under the marketing order have to meet certain requirements set forth in the grade standards for nectarines and peaches.
Alternatives were considered for this action. One alternative would be to not issue a rule. However, the need for revisions have increased as a result of changing marketing characteristics by
[[Page 60172]]
industry, and the proposal is the result of input from all sectors of the peach, plum, prune, and nectarine industries and government. Further, since the purpose of these standards is to facilitate the marketing of agricultural commodities in the U.S., not revising the standards could result in confusion in terms of industry marketing and the proper application of the grade standards.
Background and Proposed Rule
The United States Standards for Grades of Peaches has not had a major revision since June 1952. There was a minor revision in 1995. The United States Standards for Grades of Fresh Plums and Prunes were last revised in June 1973, and the United States Standards for Grades of Nectarines were last revised April 1966. In May 2000, AMS received a request to update and revise the United States Standards for Grades of Peaches, the United States Standards for Grades of Fresh Plums and Prunes, and the United States Standards for Grades of Nectarines from the CTFA. The CTFA is an industry association representing over 2,000 individual growers, packers and shippers. The CTFA, acting on behalf of the California industry, formed a task force to review the U.S. grades standards peaches, plums and prunes, and nectarines. AMS and its State cooperator in California has been working with the CTFA in the updating and review of the U.S. grade standards. The CTFA has requested that these standards be revised to bring them into conformity with current packing, marketing and cultural practices. The revisions being proposed would benefit all aspects of the peach, plum, prune, and nectarine industries making the standards current with today's marketing trends and practices.
This rule proposes a number of changes in the U.S. standards. This proposed rule would: delete the ``Unclassified'' section; establish a 25-count minimum sample; revise standard pack and size requirements for all three grade standards; develop en route or at destination tolerances for grades of peaches; define damage and serious damage by discoloration and growth cracks for grades of plums and prunes; revise color requirements for grades of nectarines. In an effort to clearly outline these proposed changes the first column of the following chart shows the section as it currently reads. The second column shows the proposed change and the third column states why the change is being proposed.
Current standard
Proposed
Discussion
United States Standards for Grades of Peaches
Sec. 51.1210 U.S. Fancy.
Revise language and move to separate Currently the tolerances for each of (b) In order to allow for variations Tolerance section. (See
the grades are in different incident to proper grading and
``Tolerance'' section.)
sections within the standards. It handling, not more than 10 percent,
is proposed that a ``Tolerance'' by count, of the peaches in any lot
section be created. This would make may fail to meet the requirements
for easier referencing and be of this grade other than for color,
consistent with other fruit and but not more than one-half of this
vegetable standards. amount, or 5 percent, shall be allowed for defects causing serious damage, and not more than one-fifth of this amount, or 1 percent, shall be allowed for decay at shipping point: Provided, That an additional tolerance of 2 percent shall be for soft, overripe, or decayed peaches en route or at destination. In addition, not more than 10 percent, by count, of the peaches in any lot may be below the specified color requirement. Sec. 51.1211 U.S. Extra No. 1. Revise language and move to separate Currently the tolerances for each of (a) In order to allow for variations Tolerance section. (See
the grades are in different incident to proper grading and
``Tolerance'' section.)
sections within the standards. It handling, not more than 10 percent,
is proposed that a ``Tolerance'' by count, of the peaches in any lot
section be created. This would make may fail to meet the requirements
for easier referencing and be of U.S. No. 1 grade, but not more
consistent with other fruit and than one-half of this amount, or 5
vegetable standards. percent, shall be allowed for defects causing serious damage, and not more than one-fifth of this amount, or 1 percent, shall allowed for decay at shipping point: Provided, That an additional tolerance of 2 percent shall be allowed for soft, overripe or decayed peaches en route or at destination. No part of any tolerance shall be used to reduce for the lot as a whole the 50 percent of peaches required to have not less than one-fourth of the surface showing blushed, pink or red color, but individual packages may contain not less than 40 percent of peaches having this amount of color: Provided, That the entire lot averages not less than 50 percent
[[Page 60173]]
Sec. 51.1212 U.S. No. 1.
Revise language and move to separate Currently the tolerances for each of (a) In order to allow for variations Tolerance section. (See
the grades are in different incident to proper grading and
``Tolerance'' section.)
sections within the standards. It handling, not more than 10 percent,
is proposed that a ``Tolerance'' by count, of the peaches in any lot
section be created. This would make may fail to meet the requirements
for easier referencing and be of this grade, but not more than
consistent with other fruit and one-half of this amount, or 5
vegetable standards. percent, shall be allowed for defects causing serious damage, and not more than one-fifth of this amount, or 1 percent, shall be allowed for decay at shipping point: Provided, That an additional tolerance of 2 percent shall be allowed for soft, overripe, or decayed peaches en route, or at destination. Sec. 51.1213 U.S. No. 2.
Revise language and move to separate Currently the tolerances for each of (a) In order to allow for variations Tolerance section. (See
the grades are in different incident to proper grading and
``Tollerance'' section.)
sections within the standards. It handling, not more than 10 percent,
is proposed that a ``Tolerance'' by count, of the peaches in any lot
section be created. This would make may fail to meet the requirements
for easier referencing and be of this grade, but not more than
consistent with other fruit and one-tenth of this amount, or 1
vegetable standards. percent, shall be allowed for decay at shipping point: Provided, That an additional tolerance of 2 percent shall be allowed for soft, overripe, or decayed peaches en route or at destination. Unclassified
Delete the title ``Unclassified'' When changing or updating standards Sec. 51.1214 Unclassified.
and all reference to unclassified. in recent years, references to ``Unclassified'' consists of peaches Revise section to read as follow: ``Unclassified'' have been removed which have not been classified in Sec. 51.1214 Tolerances.
in an attempt to eliminate the accordance with any of the
In order to allow for variations confusion this term creates. People foregoing grades. The term
incident to proper grading and
have incorrectly assumed that ``unclassified'' is not a grade handling in each of the foregoing ``Unclassified'' is an actual grade within the meaning of these
grades, the following tolerances, name; it is not. To avoid further standards but is provided as a
by count, based on a minimum 25 confusion, it is proposed that all designation to show that no
count sample, are provided as
references to this term be definite grade has been applied to specified: (a) U.S. Fancy, U.S. eliminated. the lot.
Extra No. 1, and U.S. No. 1 grades. Section 51.1214 is redesignated as (1) For defects at shipping point. the tolerance section. As 10 percent of the peaches in any previously stated, creating a lot may fail to meet the
``Tolerance'' section makes requirements of the specified
referencing easier. Instead of grade: Provided, That included in providing tolerances in several this amount, 5 percent shall be different sections within the allowed for defects causing serious standards, consolidating the damage, including in this latter tolerances into one section is amount not more than 1 percent for proposed. The proposed addition of peaches which are affected by
the phrase ``a minimum 25 count decay.
sample'' establishes a basis for (2) For defects en route or at
sampling uniformity. Also, the destination. 14 percent for peaches proposed establishment of an ``En in any lot that fail to meet the Route or At Destination'' tolerance requirements of the grade:
will be consistent with similar Provided, That included in this standards. amount not more than the following percentages shall be allowed for defects listed: (i) 10 percent for permanent defects; (ii) 7 percent for defects causing serious damage, included therein not more than 5 percent for serious damage by permanent defects, and not more than 2 percent for soft, overripe, or decayed peaches. (3) For color. (i) U.S. Fancy grade. 10 percent for peaches in any lot which fails to meet the requirements of the grade. (ii) U.S. Extra No. 1 grade. Individual packages may contain not less than 40 percent of peaches which meet the requirements of the grade: Provided, That the entire lot averages not less than 50 percent. (b) U.S. No. 2 grade. (1) For defects at shipping point. 10 percent of the peaches in any lot may fail to meet the requirements of this grade: Provided, That included in this amount not more than 1 percent for peaches which are affected by decay.
[[Page 60174]]
(2) For defects en route or at destination. 14 percent for peaches in any lot that fail to meet the requirements of the grade. Provided, That included in this amount not more than the following percentages shall be allowed for defects listed: (i) 10 percent for permanent defects; (ii) 2 percent for peaches which are affected by soft, overripe, or decay. Sec. 51.1216 Size requirements. Sec. 51.1216 Size requirements. Adding ``or a count-size based on (a) The numerical count or the
(a) The numerical count or a count- equivalent tray size designations'' minimum diameter of the peaches size based on equivalent tray pack is proposed to reflect current packed in a closed container shall size designations or the minimum packaging practices. be indicated on the container.
diameter of the peaches packed in a closed container shall be indicated on the container. Sec. 51.1217 Standard pack.
No change.
Industry requested ``well filled'' (c) Peaches packed in standard
be defined here as well as in western boxes shall be reasonably
paragraph ``(g)'' of this section. uniform in size and arranged in the
We propose adding this definition packages according to the approved
as a separate paragraph ``(i)'' for and recognized methods. Each
easier referencing. Also, this wrapped peach shall be fairly well
would enable the definition to be enclosed by its individual wrapper.
stated once which is consistent All packages shall be well filled
with other definitions in the and tightly packed but the contents
standards. shall not show excessive or unnecessary bruising because of over-filled packages. The number of peaches in the box shall not vary more than 4 from the number indicated on the box. (g) In order to allow for variations (g) Peaches packed in loose or
Adding reference to ``loose'' and incident to proper packing, not volume filled boxes shall be
``volume'' filled packs to reflect more than 10 percent of the
uniform in size and well filled. industry's current packaging packages in any lot may not meet
practices is proposed. Due to this these requirements.
addition paragraph ``(g)'' is redesignated as paragraph ``(h).'' As previously stated, industry requested ``well filled'' be defined here and in paragraph ``(c)'' of this section. We propose adding this definition as a separate paragraph ``(i)'' for easier referencing. Also, this would enable the definitions to be stated once which is consistent with other definition in the standards. (h) In order to allow for variations As previously stated, paragraph incident to proper packing, not ``(g)'' is being redesignated as more than 10 percent of the
paragraph ``(h)'' due to the packages in any lot may not meet additional type of package being these requirements.
added to this section. (i) ``Well filled'' means that the Industry has requested a definition peaches are packed within 1 inch for ``well filled'' be added to the from the top of the container.
standard after the term well filled in Sec. 51.1215 ``(c) and ``(g).'' We propose adding this definition as a separate paragraph ``(i)'' for easier referencing. Also, this would enable the definition to be stated once which is consistent with other definitions within the standards.
United States Standards for Grades of Fresh Plums and Prunes
Sec. 51.1524 Unclassified.
Sec. 51.1524 (Reserved).
When changing or updating standards ``Unclassified'' consists of plums
in recent years, references to or prunes which have not been
``Unclassified'' have been removed classified in accordance with any
in an attempt to eliminate the of the foregoing grades. The term
confusion this term creates. People ``unclassified'' is not a grade
have incorrectly assumed that within the meaning of these
``Unclassified'' is an actual grade standards but is provided as a
name; it is not. To avoid further designation to show that no grade
confusion, it is proposed that all has been applied to the lot.
references to this term be eliminated. Sec. 51.1525 Tolerances.
Sec. 51.1525 Tolerances.
The proposed addition of the phrase In order to allow for variations In order to allow for variations ``a minimum 25 count sample'' incident to proper grading and
incident to proper grading and
establishes a basis for sampling handling in each of the foregoing handling in each of the foregoing uniformity. grades, the following tolerances, grades, the following tolerances, by count, are provided as
by count, based on a minimum 25 specified:
count sample, are provided as specified:
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Sec. 51.1527 Standard pack. (a) No change.
Industry has requested a definition Packing.
for ``well filled'' be added to (1) All packages shall be tightly
this paragraph, however we propose packed or well filled, according to
adding this definition as a the approved and recognized
separate paragraph ``(3)'' for methods.
easier referencing. Also, this is consistent with the way in which other definitions are stated in the standards. (a)(3) Four-basket crates. Four- (3) ``Well filed'' means that the Deleting reference to ``four basket basket crates shall not be packed plums or prunes are packed within 1 creates'' is proposed as this type more than three layers deep.
inch from the top of the container. of pack is no longer used by industry. Industry has requested a definition for ``well filled'' be added to paragraph (1) of this section. We propose redesignating (3) for defining ``well filled.'' This is consistent with other definitions in the standards as they are stated separately and it also makes for easier referencing. (3)(i) The arrangement of the bottom Delete.
This deletion is proposed as this layer shall be one row less one
type of pack is no longer being way, and may be one row less each
used by industry. way than the arrangement of the top layer; the arrangement of the middle layer may be the same as the top layer, or may be one row less one way than the arrangement of the top layer. (ii) In the 3\1/2\--4x5 and 3\1/2\-- Delete.
This deletion is proposed as this 4x4 packs the face of each half of
type of pack is no longer being the crate shall be packed as a
used by industry. unit, with not shim between the two baskets. (4) ``Tightly packed'' means the The industry has requested that a plums or prunes are the proper size definition for ``well filled'' be for the mold or cell compartments added to the standards. We propose in which they are packed, and the also adding a definition for molds or cells are filedin such a ``tightly packed'' because of the way that movement is not allowed. option given in Section Sec. 51.1567(a)(1) of ``tightly packed or well filled.'' (b) Marking. (1) The size of plums (b) Marking. (1) The size of plums Deleting reference to ``four basket or prunes shall be marked on each or prunes shall be marked on each crates'' is proposed as this type package, and shall be indicated in package, and shall be indicated in of pack is no longer used by terms of minimum diameter, or
terms of minimum diameter, or
industry. The adding of a reference number of fruits per package, or in number of fruit per package, or in to counter-size designation accordance with the arrangement of accordance with the arrangement of markings is proposed to reflect the top layer of fruit in the
the top layer of fruit in the
current packaging practices. package or subcontainer, or in
package or subcontainer. Size may terms of the four-basket crate
also be shown in terms of maximum designation for fruit of equivalent number of fruit for a specified sizes. Size may also be shown in weight, such as ``8 per pound,'' terms of maximum number of fruit ``6.4 per pound'' or ``7\2/3\ per for a specified weight, such as ``8 pound'' or by a count-size per pound,'' ``6.4 per pound'' or designation based on the number of ``7\2/3\ per pound.''
fruits contained in a 10 pound sample with the designation rounded to an applicable number which is divisible by 5 (example: 40 size, 45 size, 50 size, 55 size, etc.). (i) Four-basket crates. The size of (i) California peach boxes, lug Deletion of information concerning plums packed in four-basket crates boxes and small consumer packages. ``four-basket crates'' is proposed shall be indicated in accordance In layer-packed California peach as this type of pack is no longer with the arrangement in the top boxes or lug boxes, and in small used by industry. Due to this layer of the baskets, as follows: layer packed consumer packages, the deletion, paragraph ``(ii)'' would 6x6, 5x5, or 4x4 (square packs); count of the entire contents shall be redesignated as ``(i).'' 5x6, 4x5, or 3x4, (offset packs); be marked on the package. The
Additionally, adding ``layer 3\1/2\-- 4x5, 3--4x5, 3\1/2\--4x4, number of plums or prunes in
packed'' and marking instructions or 3--4x4 (diagonal packs).
California peach boxes or lug boxes for loose filled consumer packages shall not vary more than 4 from the is proposed as it reflects current number indicated on the package. marketing and packing practices. Loose filled consumer packs not in a master container shall have a count-size marked on the package or on a tag closure. Master containers of loose filled consumer packages shall have a count-size marked on the package describing the size of plums or prunes within the container. (ii) California peach boxes, lug (ii) Face and fill packs in cartons Due to the redesignating of boxes and small consumer packages. and lug boxes. In face and fill paragraph ``9ii)'' paragraph In layer-packed California peach packs in cartons and lug boxes the ``(iii)'' would be redesignated as boxes or lug boxes, and in small number of rows in the face shall be ``(ii).'' consumer packages, the count of the marked on the package, as ``6 entire contents shall be marked on row,'' ``8 row,'' etc. the package. The number of plums or prunes in California peach boxes or lug boxes shall not vary more than 4 from the number indicated on the package.
[[Page 60176]]
(iii) Face and fill packs in cartons .................................... There would be no paragraph and lug boxes. In face and fill
``(iii)'' due to the redesignation packs in cartons and lug boxes the
of preceding paragraphs. number of rows in the face shall be marked on the package, as ``6 row,'' ``8 row,'' etc. (c) Sizing. (1) Not more than 5 (c) Sizing. (1) Not more than 5 Industry has requested the addition percent, by count, of the plums or percent, by count, of the plums or of a three-eights inch variance for prunes in any package may vary more prunes in any package may vary more plums and prunes 2\1/4\ inch in than one-fourth inch in diameter. than one-fourth inch in diameter, diameter or larger. except that not more than 5 percent, by count, of the plums or prunes 2\1/4\ inches or larger in diameter and packed in loose or volume filled containers may vary more than three-eights inch in diameter. Sec. 51.1532 Damage
(c) (6) When extending from within Currently there is no specific to outside the stem cavity, when guideline for growth cracks more than three-eights inch in
occurring in this manner. Adding length if the major portion of the specific scoring criteria would crack is within the stem cavity or provide an objective means of when more than one-fourth inch in evaluating this defect. length if the major portion of the crack is outside the stem cavity; (e) Scab or bacterial spot when (e) Scab or bacterial spot when This deletion is proposed as this cracked, or when the aggregate area cracked, or when the aggregate area type of pack is no longer being exceeds that of a circle one-fourth exceeds that of a circle one-fourth used by industry. inch in diameter or a fruit 2
inch in diameter on a fruit 2 inches in diameter or 4x4 size, or inches in diameter or smaller; or smaller; or when the aggregate area when the aggregate area exceeds exceeds that of a circle three- that of a circle three-eighths inch eights inch in diameter on a fruit in diameter on a fruit larger than larger than 2 inches in diameter or 2 inches in diameter; 4 x 4 size; (h)(1) Dark or rough scars when the (h) (1) Dark or rough scars when the This deletion is proposed as this area exceeds that of a circle one- area exceeds that of a circle one- type of pack is no longer being fourth inch in diameter on a fruit fourth inch in diameter on a fruit used by industry. 2 inches in diameter or 4x4 size or 2 inches in diameter or smaller; or smaller; or when the area exceeds when the area exceeds that of a that of a circle three-eighths inch circle three-eighths inch in in diameter on a fruit larger than diameter on a fruit larger than 2 2 inches in diameter or 4x4 size; inches in diameter; (2) Fairly light colored, fairly (2) Fairly light colored, fairly This deletion is proposed as this smooth scars when, in the case of smooth scars when, in the case of type of pack is no longer being Italian type prunes, the area
Italian type prunes, the area
used by industry. exceeds that of a circle one-half exceeds that of a circle one-half inch in diameter; or when, in the inch in diameter; or when, in the case of other types of plums, the case of other types of plums, the area exceeds that of a circle one- area exceeds that of a circle one- half inch in diameter on a fruit 2 half inch in diameter on a fruit 2 inches in diameter or 4x4 size, or inches in diameter or smaller; or smaller; or when the area exceeds when the area exceeds that of a that of a circle five-eighths inch circle five-eighths inch in in diameter on a fruit larger than diameter on a fruit larger than 2 2 inches in diameter or 4x4 size. inches in diameter. (3) Light colored, smooth scars (3) Light colored, smooth scars This deletion is proposed as this when, in the case of Italian type when, in the case of Italian type type of pack is no longer being prunes, the area exceeds one-
prunes, the area exceeds one-
used by industry. twelfth of the fruit surface; or twelfth of the fruit surface; or when, in the case of other types of when, in the case of other types of plums, the area exceeds that of a plums, the area exceeds that of a circle three-fourths inch in
circle three-fourths inch in diameter on a fruit 2 inches in diameter on a fruit 2 inches in diameter or 4x4 size, or smaller; diameter or smaller; or when the or when the area exceeds that of a area exceeds that of a circle seven- circle seven-eighths inch in
eighths inch in diameter on a fruit diameter on a fruit larger than 2 larger than 2 inches in diameter; inches in diameter or 4x4 size; (i)(1) Rough russeting when the area (i)(1) Rough russeting when the area This deletion is proposed as this exceeds that a circle one-fourth exceeds that of a circle one-fourth type of pack is no longer being inch in diameter on a fruit 2
inch in diameter on a fruit 2
used by industry. inches in diameter or 4x4 size, or inches in diameter or smaller; or smaller; or when the area exceeds when the area exceeds that of a that of a circle one-half inch in circle one-half inch in diameter on diameter on a fruit larger than 2 a fruit larger than 2 inches in inches in diameter or 4x4 size; diameter; (2) Slightly rough russeting when, (2) Slightly rough russeting when, This deletion is proposed as this in the case of Italian type prunes, in the case of Italian type prunes, type of pack is no longer being the area exceeds one-twelfth of the the area exceeds one-twelfth of the used by industry. fruit surface; or when, in the case fruit surface; or when, in the case of other types of plums, the area of other types of plums, the area exceeds that of a circle five-
exceeds that of a circle five- eighths inch in diameter on a fruit eighths inch in diameter on a fruit 2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or or smaller; or when the area
when the area exceeds that of a exceeds that of a circle three- circle three-fourths inch in fourths inch in diameter on a fruit diameter on a fruit larger than 2 larger than 2 inches in diameter or inches in diameter; 4x4 size;
[[Page 60177]]
(3) Fairly smooth or smooth
(3) Fairly smooth or smooth
This deletion is proposed as this russeting when, in the case of
russeting when, in the case of
type of pack is no longer being Italian type prunes, the area
Italian type prunes, the area
used by industry. exceeds one-twelfth of the fruit exceeds one-twelfth of the fruit surface; or when, in the case of surface; or when, in the case of other types of plums the area
other types of plums the area exceeds that of a circle three- exceeds that of a circle three- fourths inch in diameter on a fruit fourths inch in diameter on a fruit 2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or or smaller; or when the area
when the area exceeds that of a exceeds that of a circle 1 inch in circle 1 inch in diameter on a diameter on a fruit larger than 2 fruit larger than 2 inches in inches in diameter or 4x4 size. diameter; (j) Discoloration when greenish to This defect is currently being brown definitely contrasting with scored based on the ``general the normal surface color of the definition.'' Adding specific fruit and affecting more than 10 scoring criteria would provide an percent of the surface.
objective means of evaluating this defect. Sec. 51.1536 Serious damage.
(c)(5) When extending from within to Currently there is no specific outside the stem cavity, when
guideline for growth cracks healed and aggregating more than occurring in this manner. Adding five-eighths inch in length if the specific scoring criteria would major portion of the crack is
provide an objective means of within the stem cavity or when
evaluating this defect. healed and aggregating more than one-half inch in length if the major portion of the crack is outside the cavity; (e) Scab or bacterial spot, when the (e) Scab or bacterial spot, when the This deletion is proposed as this aggregate area exceeds that of a aggregate area exceeds that of a type of pack is no longer being circle one-half inch in diameter on circle one-half inch in diameter on used by industry. a fruit 2 inches in diameter or 4x4 a fruit 2 inches in diameter or size, or smaller; or when the
smaller; or when the aggregate area aggregate area exceeds that of a exceeds that of a circle three- circle three-fourths inch in
fourths inch in diameter on a fruit diameter on a fruit larger than 2 larger than 2 inches in diameter; inches in diameter or 4x4 size; (h)(1) Dark or rough scars or rough (h)(1) Dark or rough scars or rough This deletion is proposed as this russeting when the area exceeds russeting when the area exceeds type of pack is no longer being that of a circle three-fourths inch that of a circle three-fourths inch used by industry. in diameter on a fruit 2 inches in in diameter on a fruit 2 inches in diameter or 4x4 size, or smaller; diameter or smaller; or when the or when the area exceeds that of a area exceeds that of a circle one circle one inch in diameter on a inch in diameter on a fruit larger fruit larger than 2 inches in
than 2 inches in diameter; diameter or 4x4 size; (l) Discoloration when greenish to This defect is currently being brown definitely contrasting with scored based on the ``general the normal surface color of the definition.'' adding specific fruit and affecting more than 25 scoring criteria would provide an percent of the surface.
objective means of evaluating this defect.
United States Standards for Grades of Nectarines
Sec. 51.3145 U.S. Fancy.
(a) Each nectarine shall have not Deleting reference to the John (a) In the case of the John Rivers less than one-third of its surface Rivers variety is proposed as it is variety each nectarine shall show showing red color characteristic of no longer of commercial importance. some blushed or red color. In the the variety. (See Sec. 51.3150.) case of other varieties each nectarine shall have not less than one-third of its surface showing red color characteristic of the variety. (See Sec. 51.3150.) Sec. 51.3146 U.S. Extra No. 1. (a) At least 75 percent of the
Deleting reference to the John (a) In the case of the John Rivers nectarines in any lot shall show Rivers variety is proposed as it is variety at lease 50 percent of the some blushed or red color including no longer of commercial importance. nectarine in any lot shall show therein at least 50 percent of the some blushed or red color. In the nectarines with no less than one- case of other varieties at least 75 third of the fruit surface showing percent of the nectarines in any red color characteristic of lot shall show some blushed or red variety. (See Sec. 51.3150.) color including therein at least 50 percent of the nectarines with not less than one-third of the fruit surface showing red color characteristic of the variety. (See Sec. 51.3150.) Sec. 51.3147 U.S. No. 1.
Delete.
Delete paragraph ``(a)'' containing (a) At least 75 percent of the
color requirements is proposed as nectarines in any lot shall show
many new varieties do not show a some blushed or red color, except
red blush color. This deletion that there are no color
would allow varieties of this type requirements for nectarines of the
to meet the requirements of U.S. John Rivers variety in this grade.
No. 1 grade. Also, deleting (See Sec. 51.3150.)
reference to the John Rivers variety is proposed as it is no longer of commercial importance.
[[Page 60178]]
Sec. 51.3148 U.S. No. 2.
Delete.
U.S. standards typically state that (a) There are no color requirements
is required opposed to what is for nectarines in this grade. (See
``not'' a requirement of the grade. Sec. 51.3150.)
If there are no color requirements stated then it is assumed there are no color requirements. Sec. 51.3149 Unclassified.
Sec. 51.3149 (Reserved)
When changing or updating standards ``Unclassified'' consists of
in recent years, references to nectarines which have not been
``Unclassified'' have been removed classified in accordance with any
in an attempt to eliminate the of the foregoing grades. The term
confusion this term creates. People ``unclassified'' is not a grade
have incorrectly assumed that within the meaning of these
``Unclassified'' is an actual grade standards but is provided as a
name; it is not. To avoid further designation to show that no grade
confusion, it is proposed that all has been applied to the lot.
references to this term be eliminated. Sec. 51.3150 Tolerances.
Sec. 51.3150 Tolerances. In order The proposed addition of the phrase In order to allow for variations to allow for variations incident to ``a minimum 25 count sample'' incident to proper grading and
proper grading and handling in each establishes a basis for sampling handling in each of the foregoing of the foregoing grades, the
uniformity. grades, the following tolerances, following tolerances, by count, by count, are provided as
based on a minimum 25 count sample, specified:
are provided as specified: (3)(ii) U.S. Extra No. 1 grade and (3)(ii) U.S. Extra No. 1 grade and U.S. No. 1 would be eliminated from U.S. No. 1 grade. Individual
when specified in connection with a the heading since deleting the containers may contain not more grade. Individual containers may color requirements for the U.S. No. than 10 percentage points less than contain not more than 10 percentage 1 grade would eliminate the need the required percentage of
points less than the required
for a color tolerance for the nectarines showing the amount of percentage of nectarines showing grade. However, a qualifying color specified for the respective the amount of color specified for statement would be added for grade: Provided, That the entire the grade: Provided, That the
instances in which a color is lot averages not less than the
entire lot averages not less than specified in connection with a required percentage of nectarines the required percentage of
grade. showing the specified color for the nectaries showing the specified grade.
color for the grade. Sec. 51.3152 Standard pack.
Sec. 51.3152 Standard pack.
The deleting of reference to (a) Nectarines shall be fairly
(a) Nectarines shall be fairly
``basket'' is proposed as this type uniform in size and shall be packed uniform in size and shall be packed of pack is no longer used by in boxes, lugs, crates, cartons, or in boxes, lugs, crates, or cartons industry. Also deleting the baskets and arranged according to and arranged according to the
reference to ``wrapped fruit'' is the approved and recognized
approved and recognized methods. proposed because typically industry methods. All such containers shall All such containers shall be
no longer packs fruit in this be tightly packed and well filled tightly packed and well filled but manner. Industry has requested a but the contents shall not show the contents shall not show
definition for ``well filled'' be excessive or unnecessary bruising excessive or unnecessary bruising added to this paragraph, however we resulting from overfilling. The resulting from overfilling. The propose adding this definition as a nectarines in the shown face shall nectarines in the shown face shall separate paragraph for easier be reasonably representative in be reasonably representative in referencing. Additionally, this is size, color and quality of the
size, color and quality of the
consistent with the way in which contents of the container. Each contents of the container.
other definitions are stated in the wrapped fruit shall be fairly well
standards. enclosed by its individual wrapper. (b) When packed in closed
(b) When packed in closed
Adding ``or a count-size based on containers, the size shall be
containers, the size shall be
equivalent tray size designations'' indicated by marking the container indicated by marking the container is proposed to reflect current with the numerical count, the pack with the numerical count, the pack packaging practices. arrangement, or the minimum
arrangement, or the minimum diameter or minimum and maximum diameter or minimum and maximum diameters in terms of inches and diameters in terms of inches and not less than one-eighth fractions not less than one-eighth fractions of inches.
of inches, or a count-size based on equivalent tray pack size designations. (d) Four-basket crates:
(d) ``Well filled'' means that the The deletion of ``Four-basket nectarines are packed within 1 inch crates'' is proposed as this type from the top of the container.
of pack is no longer used by industry. Industry has requested a definition for well filled be added to paragraph ``(a)'' of this section. We propose redesignating ``(d)'' for defining well filled. This is consistent with other definitions in the standard as they are stated separately and it also makes for easier referencing. (1) The size of nectarines packed in Delete.
This deletion is proposed as this four-basket crates shall be
type of pack is no longer being indicated as follows: 3x4, 3--4x4,
used by industry. 3-4x5, 4x4, etc., in accordance with the arrangement in the top layer of the basket. These packs shall not be more than three layers deep.
[[Page 60179]]
(2) The arrangement of the bottom Delete.
This deletion is proposed as this layer shall be one row less one
type of pack is no longer being way, and may be one row less each
used by industry. way, than the arrangement of the top layer. The arrangement of the middle layer may be the same as the top layer or may be one row less one way than the arrangement of the top layer. Straight, offset, and diagonal packs in the layers are permitted. (e) Baskets: Nectarines packed in (e) ``Fairly uniform in size'' means This deletion is proposed as this U.S. standard half-bushel baskets that when the average diameter of type of pack is no longer being shall be ring faced and tightly nectarines in any container is 2 used by industry. Due to this packed with sufficient bulge to inches or smaller not more than 5 deletion paragraph ``(f)'' would be prevent any appreciable movement of percent, by count, of the
redesignated as paragraph ``(e).'' the nectarines within the baskets nectarines in the container shall when lidded.
be outside a diameter range of one- fourth inch; when the average diameter of nectarines in any container is over 2 inches not more than 5 percent, by count, of the nectarines in the container shall be outside a diameter range of three-eighths inch. (f) ``Fairly uniform in size'' means (f) Minimum size: When size is
Due to the redesignation of that when the average diameter of indicated in terms of minimum
paragraph ``(f)'' paragraph ``(g)'' nectarines in any container is 2 diameter not more than 5 percent, would be redesignated as ``(f).'' inches or smaller not more than 5 by count, of the fruit in any percent, by count, of the
container may be smaller than the nectarines in the container shall size marked. be outside a diameter range of one- fourth inch; when the average diameter of nectarines in any container is over 2 inches not more than 5 percent, by count, of the nectarines in the container shall be outside a diameter range of three-eighths inch. (g) Minimum size: When size is
(g) ``Diameter'' means the greatest Due to the redesignation of indicated in terms of minimum
dimension measured at right angles paragraph ``(g),'' paragraph diameter not more than 5 percent, to a line from stem to blossom end ``(h)'' would be redesignated as by count, of the fruit in any
of the fruit.
``(g).'' container may be smaller than the size marked. (h) ``Diameter'' means the greatest (h) Tolerances. In order to allow Due to the redesignation of dimension measured at right angles for variations incident to proper paragraph ``(h),'' paragraph to a line from stem to blossom end sizing and packing, not more than ``(i)'' would be redesignated as of the fruits.
10 percent, by count, of the
``(h).'' containers in any lot may fail to meet the requirements for standard pack. (i) Tolerances. In order to allow .................................... There would be no paragraph ``(i)'' for variations incident to proper
due to redesignation of preceding sizing and packing, not more than
paragraphs. 10 percent, by count, of the containers in any lot may fail to meet the requirements for standard pack. Sec. 51.3156 Injury. (c) Scab or (c) Scab or bacterial spot when This deletion is proposed as this bacterial spot when cracked, or cracked, or when the aggregate area type of pack is no longer being when the aggregate area exceeds exceeds that of a circle one-eighth used by industry. that of a circle one-eighth inch in inch in diameter on a fruit 2 diameter on a fruit 2 inches in inches in diameter or smaller; or diameter or 4x4 size, or smaller; when the aggregate area exceeds or when the aggregate area exceeds that of a circle one-fourth inch in that of a circle one-fourth inch in diameter on a fruit larger than 2 diameter on a fruit larger than 2 inches in diameter; inches in diameter or 4x4 size; (g)(1) Light colored; smooth scars (g)(1) Light colored, smooth scars This deletion is proposed as this when the area exceeds that of a when the area exceeds that of a type of pack is no longer being circle one-fourth inch in diameter circle one-fourth inch in diameter used by industry. on a fruit 2 inches in diameter or on a fruit 2 inches in diameter or 4x4 size, or smaller; or when the smaller; or when the area exceeds area exceeds that of a circle one- that of a circle one-half inch in half inch in diameter on a fruit diameter on a fruit larger than 2 larger than 2 inches in diameter or inches in diameter; 4x4 size; (h)(1) Rough or slightly rough
(h)(1) Rough or slightly rough
This deletion is proposed as this russeting when the area exceeds russeting when the area exceeds type of pack is no longer being that of a circle one-eighth inch in that of a circle one-eighth inch in used by industry. diameter on a fruit 2 inches in diameter on a fruit 2 inches in diameter or 4x4 size, or smaller; diameter or smaller; or when the or when the area exceeds that of a area exceeds that of a circle one- circle one-fourth inch in diameter fourth inch in diameter on a fruit on a fruit larger than 2 inches in larger than 2 inches in diameter; diameter or 4x4 size
[[Page 60180]]
Sec. 1.3157 Damage. (c) Scab or (c) Scab or bacterial spot when This deletion is proposed as this bacterial spot when cracked, or cracked, or when the aggregate area type of pack is no longer being when the aggregate area exceeds exceeds that of a circle one-fourth used by industry. that of a circle one-fourth inch in inch in diameter on a fruit 2 diameter on a fruit 2 inches in inches in diameter or smaller; or diameter or 4x4 size, or smaller; when the aggregate area exceeds or when the aggregate area exceeds that of a circle three-eighths inch that of a circle three-eighths inch in diameter on a fruit larger than in diameter on a fruit larger than 2 inches in diameter; 2 inches in diameter or 4x4 size; (f)(1) Dark or rough scars when the (f)(1) Dark or rough scars when the This deletion is proposed as this area exceeds that of a circle one- area exceeds that of a circle one- type of pack is no longer being fourth inch in diameter on a fruit fourth inch in diameter on a fruit used by industry. 2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or or smaller; or when the aggregate when the aggregate area exceeds area exceeds that of a circle three- that of circle three-eighths inch eighths inch in diameter on a fruit in diameter on a fruit larger than larger than 2 inches in diameter or 2 inches in diameter; 4x4 size; (2) Fairly light colored, fairly (2) Fairly light colored, fairly This deletion is proposed as this smooth scars when the area exceeds smooth scars when the area exceeds type of pack is no longer being that of a circle one-half inch in that of a circle one-half inch in used by industry. diameter on a fruit 2 inches in diameter on a fruit 2 inches in diameter or 4x4 size, or smaller; diameter or smaller; or when the when the area exceeds that of a area exceeds that of a circle five- circle five-eighths inch in
eighths inch in diameter on a fruit diameter on a fruit larger than 2 larger than 2 inches in diameter; inches in diameter or 4x4 size; (3) Light colored, smooth scars when (3) Light colored, smooth scars when This deletion is proposed as this the area exceeds that of a circle the area exceeds that of a circle type of pack is no longer being three-fourths inch in diameter on a three-fourths inch in diameter on a used by industry. fruit 2 inches in diameter or 4x4 fruit 2 inches in diameter or size, or smaller; or when the area smaller; or when the area exceeds exceeds that of a circle seven- that of a circle seven-eighths inch eighths inch in diameter on a fruit in diameter on a fruit larger than larger than 2 inches in diameter or 2 inches in diameter; 4x4 size; (g)(1) Rough russeting when the area (g)(1) Rough russeting when the area This deletion is proposed as this exceeds that of a circle one-fourth exceeds that of a circle one-fourth type of pack is no longer being inch in diameter on a fruit 2
inch in diameter on a fruit 2
used by industry. inches in diameter or 4x4 size, or inches in diameter or smaller; or smaller; or when the area exceeds when the area exceeds that of a that of a circle one-half inch in circle one-half inch in diameter on diameter on a fruit larger than 2 a fruit larger than 2 inches in inches in diameter or 4x4 size; diameter; (2) Slightly rough russeting when (2) Slightly rough russeting when This deletion is proposed as this the area exceeds that of a circle the area exceeds that of a circle type of pack is no longer being five-eighths inch in diameter on a five-eighths inch in diameter on a used by industry. fruit 2 inches in diameter or 4x4 fruit 2 inches in diameter or size, or smaller; or when the area smaller; or when the area exceeds exceeds that of a circle three- that of a circle three-fourths inch fourths inch in diameter on a fruit in diameter on a fruit larger than larger than 2 inches in diameter or 2 inches in diameter; 4x4 size; (3) Fairly smooth or smooth
(3) Fairly smooth or smooth
This deletion is proposed as these russeting when the area exceeds 25 russeting when the area exceeds 15 varieties are no longer of percent of the fruit surface of percent of the fruit surface:
commercial importance. Freedom, Early LeGrand, and Quetta Provided, That discoloration varieties and 15 percent of the occurring as yellow to brown fruit surface of other varieties: staining of the skin shall not be Provided, That discoloration
considered as russeting and shall occurring as yellow to brown
be considered as causing damage staining of the skin shall not be only when materially detracting considered as russeting and shall from the appearance of the be considered as causing damage nectarine, and that speckling only when materially detracting characteristic of certain varieties from the appearance of the
shall not be considered as nectarine, and that speckling
russeting or discoloration. characteristic of certain varieties shall not be considered as russeting or discoloration. Sec. 51.3159 Serious damage. (c) (c) Scab or bacterial spot when the This deletion is proposed as this Scab or bacterial spot when the aggregate area exceeds that of a type of pack is no longer being aggregate area exceeds that of a circle one-half inch in diameter or used by industry. circle one-half inch in diameter on smaller; or when the aggregate area a fruit 2 inches in diameter or 4x4 exceeds that of a circle three- size, or smaller; or when the
fourths inch in diameter on a fruit aggregate area exceeds that of a larger than 2 inches in diameter; circle three-fourths inch in diameter on a fruit larger than 2 inches in diameter or 4x4 size; (g)(1) Dark or rough scars when the (g)(1) Dark or rough scars when the This deletion is proposed as this area exceeds that of a circle three- area exceeds that of a circle three- type of pack is no longer being fourths inch in diameter on a fruit fourths inch in diameter on a fruit used by industry. 2 inches in diameter or 4x4 size, 2 inches in diameter or smaller; or or smaller; or when the area
when the area exceeds that of a exceeds that of a circle one inch circle one inch in diameter on in diameter on fruit larger than 2 fruit larger than 2 inches in inches in diameter or 4x4 size; diameter;
Accordingly, AMS proposes to amend the United States Standards for Grades of Peaches, the United States Standards for Grades of Fresh Plums and Prunes, and the United States Standards for Grades of Nectarines.
[[Page 60181]]
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts, Reporting and recordkeeping requirements, Trees, Vegetables.
PART 51--[AMENDED]
For reasons set forth in the preamble, it is proposed that 7 CFR part 51 be amended as follows:
-
The authority citation for 7 CFR part 51 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
-
In part 51, Sec. Sec. 51.1210, 51.1211, 51.1212, 51.1213, 51.1214, 51.1216 and 51.1217 are revised to read as follows:
Subpart--United States Standards for Peaches
Sec. 51.1210 U.S. Fancy.
``U.S. Fancy'' consists of peaches of one variety which are mature but not soft or overripe, well formed and which are free from decay, bacterial spot, cuts which are not healed, growth cracks, hail injury, scab, scale, split pits, worms, worm holes, leaf or limb rub injury; and free from damage caused by bruises, dirt or other foreign material, other disease, insects or mechanical or other means. In addition to the above requirements, each peach shall have not less than one-third of its surface showing blushed, pink or red color.
Sec. 51.1211 U.S. Extra No. 1.
Any lot of peaches may be designated ``U.S. Extra No. 1'' when the peaches meet the requirements of U.S. No. 1 grade: Provided, That in addition to these requirements, 50 percent, by count, of the peaches in any lot shall have not less than one-fourth of the surface showing blushed, pink or red color.
Sec. 51.1212 U.S. No. 1.
``U.S. No. 1'' consists of peaches of one variety which are mature but not soft or overripe, well formed, and which are free from decay, growth cracks, cuts which are not healed, worms, worm holes, and free from damage caused by bruises, dirt, or other foreign material, bacterial spot, scab, scale, hail injury, leaf or limb rubs, split pits, other disease, insects or mechanical or other means.
Sec. 51.1213 U.S. No. 2.
``U.S. No. 2'' consists of peaches of one variety which are mature but not soft or overripe, not badly misshapen, and which are free from decay, cuts which are not healed, worms, worm holes, and free from serious damage caused by bruises, dirt or other foreign material, bacterial spot, scab, scale, growth cracks, hail injury, leaf or limb rubs, split pits, other disease, insects, or mechanical or other means.
Sec. 51.1214 Tolerances.
In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified:
(a) U.S. Fancy, U.S. Extra No. 1, and U.S. No. 1 grades. (1) For defects at shipping point.\1\ 10 percent of the peaches in any lot may fail to meet the requirements of the specified grade: Provided, That included in this amount 5 percent, shall be allowed for defects causing serious damage, including in this latter amount not more than 1 percent for peaches which are affected by decay.
\1\ Shipping point, as used in these standards, means the point of origin of the shipment in the producing area or at port of loading for ship stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States.
(2) For defects en route or at destination. 14 percent for peaches in any lot that fail to meet the requirements of the grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:
(i) 10 percent for permanent defects;
(ii) 7 percent for defects causing serious damage, included therein not more than 5 percent for serious damage by permanent defects and not more than 2 percent for soft, overripe, or decayed peaches.
(3) For color. (i) U.S. Fancy grade. 10 percent for peaches in any lot which fails to meet the requirements of the grade.
(ii) U.S. Extra No. 1 grade. Individual packages may contain not less than 40 percent of peaches which meet the requirements of the grade: Provided, That the entire lot averages not less than 50 percent.
(b) U.S. No. 2 grade. (1) For defects at shipping point. 10 percent of the peaches in any lot may fail to meet the requirements of this grade: Provided, That included in this amount not more than 1 percent for peaches which are affected by decay.
(2) For defects en route or at destination. 14 percent for peaches in any lot that fail to meet the requirements of the grade: Provided, That included in this amount not more than the following percentages shall be allowed for defects listed:
(i) 10 percent for permanent defects;
(ii) 2 percent for peaches which are affected by soft, overripe, or decay. * * * * *
Sec. 51.1216 Size requirements.
(a) The numerical count or a count-size based on equivalent tray pack size designations or the minimum diameter of the peaches packed in a closed container shall be indicated on the container.
(b) When the numerical count is not shown the minimum diameter shall be plainly stamped, stenciled, or otherwise marked on the container in terms of whole inches, whole and half inches, whole and quarter inches, or whole and eight inches, as 2 inches minimum, 2-\1/4\ inches minimum, 1-\7/8\ inches minimum, in accordance with the facts. The minimum and maximum diameters may both be stated, as 1-\7/8\ to 2 inches, or 2 to 2-\1/4\ inches, in accordance with the facts.
(c) Diameter means the greatest dimension measured at right angles to a line from stem to blossom end of the fruit.
(d) In order to allow for variations incident to proper sizing, not more than 10 percent, by count, of peaches in any lot may be below the specified minimum size and not more than 15 percent may be above any specified maximum size.
Sec. 51.1217 Standard pack.
(a) Each package shall be packed so that the peaches in the shown face shall be reasonably representative in size, color and quality of the contents of the package.
(b) Peaches packed in U.S. Standard bushel baskets, or half-bushel baskets shall be ring faced and tightly packed with sufficient bulge to prevent any appreciable movement of the peaches within the packages when lidded.
(c) Peaches packed in standard western boxes shall be reasonably uniform in size and arranged in the packages according to the approved and recognized methods. Each wrapped peach shall be fairly well enclosed by its individual wrapper. All packages shall be well filled and tightly packed but the contents shall not show excessive or unnecessary bruising because of overfilled packages. The number of peaches in the box shall not vary more than 4 from the number indicated on the box.
(d) Peaches packed in other type boxes such as wire-bound boxes and fiber-board boxes may be place packed, or jumble packed faced, and all packs shall be well filled.
(e) Peaches packed in boxes equipped with cell compartments or molded trays
[[Page 60182]]
shall be of the proper size for the cells or the molds which they are packed.
(f) Peaches placed in individual paper cups and packed in boxes shall be in cups of the proper size for the peaches.
(g) Peaches packed in loose or volume filled boxes shall be uniform in size and well filled.
(h) In order to allow for variations incident to proper packing, not more than 10 percent of the packages in any lot may not meet these requirements.
(i) Well filled means that the peaches are packed within 1 inch from the top of the container.
Sec. 51.1524 [Removed and reserved]
-
Section 51.1524 is removed and reserved.
-
Section 51.1525 is amended by revising the introductory text.
Subpart-United States Standards for Grades of Fresh Plums and Prunes
Sec. 51.1525 Tolerances.
In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified: * * * * *
-
Section 51.1527 is amended by revising paragraphs (a), (b), and (c)(1) to read as follows:
Sec. 51.1527 Standard pack.
(a) Packing. (1) All packages shall be tightly packed or well filled, according to the approved and recognized methods.
(2) The plums or prunes in the top layer of any package shall be reasonably representative in quality and size of those in the remainder of the package.
(3) Well filled means that the plums or prunes are packed within 1 inch from the top of the container.
(4) Tightly packed means the plums or prunes are the proper size for the mold or cell compartments in which they are packed, and the molds or cells are filled in such a way that movement is not allowed.
(b) Marking. (1) The size of plums or prunes shall be marked on each package, and shall be indicated in terms of minimum diameter, or number of fruit per package, or in accordance with the arrangement of the top layer of fruit in the package or subcontainer. Size may also be shown in terms of maximum number of fruit for a specified weight, such as ``8 per pound,'' ``6.4 per pound'' or ``7-\2/3\ per pound'' or by a count-size designation based on the number of fruits contained in a 10 pound sample with the designation rounded to an applicable number which is divisible by 5 (example: 40 size, 45 size, 50, size, 55 size, etc.).
(i) California peach boxes, lug boxes and small consumer packages. In layer-packed California peach boxes or lug boxes, and in small layer packed consumer packages, the count of the entire contents shall be marked on the package. The number of plums or prunes in California peach boxes or lug boxes shall not vary more than 4 from the number indicated on the package. Loose filled consumer packs not in a master container shall have a count-size marked on the package or on a tag closure. Master containers of loose filled consumer packages shall have a count-size marked on the package describing the size of plums or prunes within the container.
(ii) Face and fill packs in cartons and lug boxes. In face and fill packs in cartons and lug boxes the number of rows in the face shall be marked on the packages, as ``6 row,'' ``8 row,'' etc.
(c) Sizing. (1) Not more than 5 percent, by count, of the plums or prunes in any package may vary more than one-fourth inch in diameter, except that not more than 5 percent, by count, of the plums or prunes 2-\1/4\ inches or larger in diameter and packed in loose or volume filled containers may vary more than three-eights inch in diameter. * * * * *
-
Section 51.1532 is amended by adding paragraphs (c)(6) and (j) and revising paragraphs (e), (h)(1), (h)(2), (h)(3), (i)(1), (i)(2) and (i)(3) to read as follows:
Sec. 51.1532 Damage.
* * * * *
(c) * * *
(6) When extending from within to outside the stem cavity, when more than three-eights inch in length if the major portion of the crack is within the stem cavity or when more than one-fourth inch in length if the major portion of the crack is outside the stem cavity; * * * * *
(e) Scab or bacterial spot when cracked, or when the aggregate area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three-eighths inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(h) * * *
(1) Dark or rough scars when the area exceeds that of a circle one- fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle three-eighths inch in diameter on a fruit larger than 2 inches in diameter;
(2) Fairly light colored, fairly smooth scars when, in the case of Italian type prunes, the area exceeds that of a circle one-half inch in diameter; or when, in the case of other types of plums, the area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle five- eighths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Light colored, smooth scars when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums, the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle seven-eighths inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(i) * * *
(1) Rough russeting when the area exceeds that of a circle one- fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one-half inch in diameter on a fruit larger than 2 inches in diameter;
(2) Slightly rough russeting when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums, the area exceeds that of a circle five-eighths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle three-fourths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Fairly smooth or smooth russeting when, in the case of Italian type prunes, the area exceeds one-twelfth of the fruit surface; or when, in the case of other types of plums the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle 1 inch in diameter on a fruit larger than 2 inches in diameter.
(j) Discoloration when greenish to brown definitely contrasting with the normal surface color of the fruit and affecting more than 10 percent of the surface.
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Section 51.1536 is amended by adding paragraph (c)(5), revising paragraphs (e) and (h)(1) and adding paragraph (l) to read as follows:
Sec. 51.1536 Serious damage.
* * * * *
(c) * * *
(5) When extending from within to outside the stem cavity, when healed and aggregating more than five-eighths inch in length if the major portion of the crack is within the stem cavity or when
[[Page 60183]]
healed and aggregating more than one-half inch in length if the major portion of the crack is outside the cavity; * * * * *
(e) Scab or bacterial spot, when the aggregate area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three- fourths inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(h) * * *
(1) Dark or rough scars or rough russeting when the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(l) Discoloration when greenish to brown definitely contrasting with the normal surface color of the fruit and affecting more than 25 percent of the surface.
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Section 51.3145 is amended by revising paragraph (a) to read as follows:
Subpart-United States Standards for Grades of Nectarines
Sec. 51.3145 U.S. Fancy.
* * * * *
(a) Each nectarine shall have not less than one-third of its surface showing red color characteristic of the variety. (See Sec. 51.3150.)
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Section 51.3146 is amended by revising paragraph (a) to read as follows:
Sec. 51.3146 U.S. Extra No. 1.
* * * * *
(a) At least 75 percent of the nectarines in any lot shall show some blushed or red color including therein at least 50 percent of the nectarines with not less than one-third of the fruit surface showing red color characteristic of the variety. (See Sec. 51.3150.)
Sec. 51.3147 [Amended]
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Section 51.3147 is amended by removing paragraph (a).
Sec. 51.3148 [Amended]
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Section 51.3148 is amended by removing paragraph (a).
Sec. 51.3149 [Removed and reserved]
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Section 51.3149 is removed and reserved.
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Section 51.3150 is amended by revising the introductory text and paragraph (a)(3)(ii) to read as follows:
Sec. 51.3150 Tolerances.
In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, based on a minimum 25 count sample, are provided as specified: * * * * *
(a) * * *
(3) * * *
(ii) U.S. Extra No. 1 grade and when specified in connection with a grade. Individual containers may contain not more than 10 percentage points less than the required percentage of nectarines showing the amount of color specified for the grade: Provided, That the entire lot averages not less than the required percentage of nectarines showing the specified color for the grade. * * * * *
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Section 51.3152 is revised to read as follows:
Sec. 51.3152 Standard pack.
(a) Nectarines shall be fairly uniform in size and shall be packed in boxes, lugs, crates, or cartons and arranged according to the approved and recognized methods. All such containers shall be tightly packed and well filled but the contents shall not show excessive or unnecessary bruising resulting from overfilling. The nectarines in the shown face shall be reasonably representative in size, color and quality of the contents of the container.
(b) When packed in closed containers, the size shall be indicated by marking the container with the numerical count, the pack arrangement, or the minimum diameter or minimum and maximum diameters in terms of inches and not less than one-eighth fractions of inches, or a count-size based on equivalent tray pack size designations.
(c) Boxes, lugs or cartons: (1) Nectarines packed in containers equipped with cell compartments, cardboard fillers or molded trays shall be of the proper size for the cells, fillers, or molds in which they are packed, and the number of nectarines in the container shall correspond to the count marked on the container.
(2) In order to allow for variations incident to proper packing, when packed in other types of packs in lugs, cartons, or boxes, the number of nectarines in the container may vary not more than two from the number marked on the container.
(d) Well filled means that the nectarines are packed within 1 inch from the top of the container.
(e) Fairly uniform in size means that when the average diameter of nectarines in any container is 2 inches or smaller not more than 5 percent, by count, of the nectarines in the container shall be outside a diameter range of one-fourth inch; when the average diameter of nectarines in any container is over 2 inches not more than 5 percent, by count, of the nectarines in the container shall be outside a diameter range of three-eighths inch.
(f) Minimum size: When size is indicated in terms of minimum diameter not more than 5 percent, by count, of the fruit in any container may be smaller than the size marked.
(g) Diameter means the greatest dimension measured at right angles to a line from stem to blossom end of the fruit.
(h) Tolerances. In order to allow for variations incident to proper sizing and packing, not more than 10 percent, by count, of the containers in any lot may fail to meet the requirements for standard pack.
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Section 51.3156 is amended by revising paragraphs (c), (g)(1), and (h)(1) to read as follows:
Sec. 51.3156 Injury.
* * * * *
(c) Scab or bacterial spot when cracked, or when the aggregate area exceeds that of a circle one-eighth inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle one-fourth inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(g) * * *
(1) Light colored, smooth scars when the area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one-half inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(h) * * *
(1) Rough or slightly rough russeting when the area exceeds that of a circle one-eighth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one-fourth inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
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Section 51.3157 is amended by revising paragraphs (c), (f), and (g) to read as follows:
Sec. 51.3157 Damage.
* * * * *
(c) Scab or bacterial spot when cracked, or when the aggregate area exceeds that of a circle one-fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three-eighths inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(f) Scars, including those caused by hail, when the surface of the fruit is depressed more than one-sixteenth inch, or when exceeding any of the following aggregate areas, or a combination of two
[[Page 60184]]
or more types of scars the seriousness of which exceeds the maximum allowed for any one type:
(1) Dark or rough scars when the area exceeds that of a circle one- fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three-eighths inch in diameter on a fruit larger than 2 inches in diameter;
(2) Fairly light colored, fairly smooth scars when the area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle five- eighths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Light colored, smooth scars when the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle seven-eighths inch in diameter on a fruit larger than 2 inches in diameter;
(4) Twig or limb scratches which are not well healed or which have an aggregate length of more than one-half inch; and
(g) Russeting which exceeds any of the following aggregate areas of any one type of russeting, or a combination of two or more types of russeting the seriousness of which exceeds the maximum allowed for any one type:
(1) Rough russeting when the area exceeds that of a circle one- fourth inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one-half inch in diameter on a fruit larger than 2 inches in diameter;
(2) Slightly rough russeting when the area exceeds that of a circle five-eighths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle three-fourths inch in diameter on a fruit larger than 2 inches in diameter;
(3) Fairly smooth or smooth russeting when the area exceeds 15 percent of the fruit surface: Provided, That discoloration occurring as yellow to brown staining of the skin shall not be considered as russeting and shall be considered as causing damage only when materially detracting from the appearance of the nectarine, and that speckling characteristic of certain varieties shall not be considered as russeting or discoloration.
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Section 51.3159 is amended by revising paragraphs (c) and (g)(1) to read as follows:
Sec. 51.3159 Serious damage.
* * * * *
(c) Scab or bacterial spot when the aggregate area exceeds that of a circle one-half inch in diameter on a fruit 2 inches in diameter or smaller; or when the aggregate area exceeds that of a circle three- fourths inch in diameter on a fruit larger than 2 inches in diameter; * * * * *
(g) * * *
(1) Dark or rough scars when the area exceeds that of a circle three-fourths inch in diameter on a fruit 2 inches in diameter or smaller; or when the area exceeds that of a circle one inch in diameter on fruit larger than 2 inches in diameter; * * * * *
Dated: September 15, 2002. A.J. Yates, Administrator, Agricultural Marketing Service.
[FR Doc. 02-24349Filed9-24-02; 8:45 am]
BILLING CODE 3410-02-P
