[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Proposed Rules]
[Pages 11918-11919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5296]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Proposed
Rules
[[Page 11918]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-95-302]
Peaches; Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule would revise the United States Standards for Grades
of Peaches. The recommended revision would bring the standards into
conformity with current cultural, harvesting and marketing practices by
revising the method in which peaches are sized. This would be
accomplished by changing the definition of ``diameter'' from the
shortest distance to the greatest distance. The Agricultural Marketing
Service (AMS), in cooperation with industry, and other interested
parties develops and improves standards of quality, condition,
quantity, grade, and packaging in order to facilitate commerce by
providing buyers, sellers, and quality assurance personnel uniform
language and criteria for describing various levels of quality and
condition as valued in the marketplace.
DATES: Comments must be postmarked or courier dated on or before May 2,
1995.
ADDRESSES: Interested parties are invited to submit written comments
concerning this proposal. Comments must be sent to the Standardization
Section, Fresh Products Branch, Fruit and Vegetable Division,
Agricultural Marketing Service, U.S. Department of Agriculture, P.O.
Box 96456, Room 2056 South Building, Washington, DC 20090-6456. FAX
number (202) 720-8871. 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: Frank O'Sullivan, at the above address
or call (202) 720-2185.
SUPPLEMENTARY INFORMATION: The U.S. Department of Agriculture is
issuing this proposed rule in conformance with Executive Order 12866.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), the Administrator of the
Agricultural Marketing Service (AMS) has determined that this action
will not have a significant economic impact on a substantial number of
small entities. This proposed rule for the revision of U.S. Standards
for Grades of Peaches will not impose substantial direct economic cost,
recordkeeping, or personnel workload changes on small entities, and
will not alter the market share or competitive position of these
entities relative to large businesses. In addition, under the
Agricultural Marketing Act of 1946, the use of these standards is
voluntary.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This proposed rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
the rule.
Agencies periodically review existing regulations. An objective of
the review is to ensure that the grade standards are serving their
intended purpose, the language is clear, and the standards are
consistent with AMS policy and authority.
The United States Standards for Grades of Peaches were last revised
in June 1952. The National Peach Council (NPC), with the support of the
Georgia Peach Council, New Jersey Peach Promotion Council, Inc., and
the South Carolina Peach Council and Promotion Board, Inc., requested
that the standards be revised in order to bring them into conformity
with current cultural, harvesting and marketing practices. The NPC
contends that due to new improved varieties, that changes to the
current standards are necessary.
Specifically, the NPC requested that the standards be revised in
regard to the method of sizing peaches. Peaches are currently sized
based on the shortest diameter, which requires the use of a caliper or
slotted sizing ring. This method was adopted several years ago when
most peaches were oblong and heavily sutured. Industry research has
demonstrated that today's varieties are generally much more round and
more uniform in shape than older varieties. The shape of peaches is
similar to the shape of nectarines. Nectarines are sized by using the
greatest diameter of the nectarine, which allows fruit to be sized
using a sizing ring. Therefore, peaches should be sized on the same
basis as nectarines (greatest dimension measured at right angles to a
line from stem to blossom end of the fruit, using a sizing ring) in
order to create uniformity in the marketplace.
The proposed revision would affect peaches that are sized to a
minimum diameter, which are mostly grown on the east coast and some in
the Midwest. This should not affect peaches grown on the west coast as
they are sized based on the marketing order 917, consisting of a
weight-count system.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Vegetables.
For reasons set forth in the preamble, it is proposed that 7 CFR
Part 51 be amended as follows:
PART 51--[AMENDED]
1. The authority citation for 7 CFR Part 51 continues to read as
follows:
Authority: 7 U.S.C. 1622, 1624.
2. In Part 51, Subpart--United States Standards for Peaches is
revised to read as follows:
Subpart--United States Standards for Grades of Peaches
* * * * *
3. In Sec. 51.1216, paragraph (c) is revised to read as follows:
Sec. 51.1216 Size requirements.
* * * * *
(c) Diameter means the greatest dimension measured at right angles
to a line from stem to blossom end of the fruit.
* * * * * [[Page 11919]]
Dated: February 24, 1995.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 95-5296 Filed 3-2-95; 8:45 am]
BILLING CODE 3410-02-P