Raisins Produced From Grapes Grown in California; Addition of a

From: GPO_OnLine_USDA
Date: 2002/05/28


[Federal Register: May 28, 2002 (Volume 67, Number 102)]
[Rules and Regulations]
[Page 36789-36793]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 989
[Docket No. FV02-989-1 IFR]

Raisins Produced From Grapes Grown in California; Addition of a
New Varietal Type and Quality Requirements for Other Seedless-Sulfured
Raisins

AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule adds a new varietal type of raisin under the Federal
marketing order for California raisins (order). The order regulates the
handling of raisins produced from grapes grown in California and is
locally administered by the Raisin Administrative Committee (RAC). The
order provides authority for volume and quality regulations that are
imposed by varietal type. This action establishes and adds to the
regulations a new varietal type (Other Seedless-Sulfured raisins),
along with quality requirements for this varietal type. This is a new
type of raisin being produced by some industry members.

DATES: Effective May 29, 2002. Comments received by July 29, 2002, will
be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW Stop 0237, Washington, DC
20250-0237; Fax: (202) 720-8938, or E-mail: moab.docketclerk@usda.gov.
All comments should reference the docket number and the date and page
number of this issue of the Federal Register and will be made available
for public inspection in the Office of the Docket Clerk during regular
business hours, or can be viewed at: http://www.ams.usda.gov/fv/
moab.html.

FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior Marketing
Specialist, California Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202
Monterey Street, suite 102B, Fresno, California 93721; telephone: (559)
487-5901, Fax: (559) 487-5906; or George Kelhart, Technical Advisor,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW Stop 0237, Washington, DC
20250-0237; telephone: (202) 720-2491, Fax: (202) 720-8938.
    Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box
96456, Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: (202)
720-8938, or E-mail: Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 989 (7 CFR part 989), both as amended,
regulating the handling of raisins produced from grapes grown in
California, hereinafter referred to as the ``order.'' The order is
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 of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive intent. Under
the order provisions now in effect, varietal types and quality
requirements may be established for raisins acquired by handlers during
the crop year. This rule establishes a new varietal type and quality
requirements for Other Seedless-Sulfured raisins. 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 USDA 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. Such
handler is afforded the opportunity for a hearing on the petition.
After the hearing USDA 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 USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
    This rule adds a new varietal type of raisin under the order. The
order

[[Page 36790]]

regulates the handling of raisins produced from grapes grown in
California and is administered locally by the RAC. The order provides
authority for volume and quality regulations that are imposed by
varietal type. This action establishes, and adds to the regulations a
varietal type (Other Seedless-Sulfured raisins), along with quality
requirements, which is a new type of raisin being produced by some
industry members. This action was recommended by the RAC at a meeting
in August 2001, and discussed further at RAC meetings in September and
November 2001. The RAC recommended that this rule apply to such raisins
acquired during the 2001-02 crop year and forward. Changes to the
import regulation will be made in a separate rule.

Varietal Type for Other Seedless-Sulfured Raisins

    The order provides authority for volume and quality regulations
that are imposed by varietal type. Section 989.10 of the order defines
the term varietal type to mean raisins generally recognized as
possessing characteristics differing from other raisins in a degree
sufficient to make necessary or desirable separate identification and
classification. That section includes a list of eight varietal types,
and provides authority for the RAC, with the approval of USDA, to
change this list. A description of these varietal types, along with
additional varietal types, may be found in [sect] 989.110 of the
order's administrative rules and regulations. There are currently nine
different varietal types of raisins listed in this section.
    Some industry members have found a new market for raisins made by
dehydrating sulfured red seedless grapes. These raisins do not fit into
any of the current existing varietal types specified in [sect] 989.110.
Such raisins are similar to the Other Seedless varietal type, except
they have been sulfured. Such raisins are also similar to the Golden
Seedless varietal type, but may not meet the color requirements for
Golden Seedless raisins. Golden Seedless raisins are made from green
seedless grapes and are mostly yellowish green to greenish amber in
color when sulfured. Red seedless grapes typically vary in color when
sulfured.
    Thus, the RAC recommended establishing, and adding to the
regulations, a new varietal type--Other Seedless-Sulfured raisins. This
will allow the RAC to consider Other Seedless-Sulfured raisins separate
from other varietal types for the purpose of volume and quality
regulation, thereby recognizing distinct differences in supply and
demand conditions, and raisin characteristics. Accordingly, a new
paragraph (j) is added to [sect] 989.110 to define Other Seedless-
Sulfured as all raisins produced from Ruby Seedless, Kings Ruby
Seedless, Flame Seedless and other seedless grapes not included in any
of the varietal categories for Seedless raisins which have been
artificially dehydrated and sulfured.

Quality Requirements for Other Seedless-Sulfured Raisins

    This rule also adds quality requirements for Other Seedless-
Sulfured raisins. Specifically, this rule adds: incoming quality
requirements (which includes adding these raisins to the order's weight
dockage system); a factor for converting between natural condition and
processed weight; and outgoing quality requirements for Other Seedless-
Sulfured raisins. The details of these changes are discussed below.

Incoming Quality Requirements

    Section 989.58(a) of the order provides authority for quality
control regulations whereby natural condition raisins that are
delivered from producers to handlers must meet certain incoming quality
requirements. Section 989.701 of the order's regulations specifies
minimum grade and condition standards for natural condition raisins for
each varietal type. Paragraph (b) of that section specifies
requirements for two varietal types of raisins--Dipped Seedless and
Oleate and Related Seedless raisins. The RAC determined that natural
condition Other Seedless-Sulfured raisins are similar to these two
varietal types and, therefore, it has been determined that they should
have the same incoming quality requirements. Accordingly, paragraph (b)
of [sect] 989.701 is revised to include Other Seedless-Sulfured
raisins.

Weight Dockage System

    Section 989.58(a) also contains authority for handlers to acquire
natural condition raisins that fall outside the tolerance established
for maturity, which includes substandard raisins, under a weight
dockage system. Handler acquisitions of raisins and payments to
producers are adjusted according to the percentage of substandard
raisins in a lot, or the percentage of raisins that fall below certain
levels of maturity. Section 989.210(a) of the order's regulations lists
the varietal types of raisins that may be acquired pursuant to a weight
dockage system. Sections 989.212 and 989.213 contain tables with
dockage factors applicable to lots of raisins that fall outside the
tolerances for substandard raisins and maturity, respectively,
specified in [sect] 989.701.
    Because these raisins are similar to Dipped Seedless and Oleate and
Related Seedless raisins, this rule adds Other Seedless-Sulfured
raisins to the list contained in [sect] 989.210(a), the substandard
dockage table specified in [sect] 989.212(b), the list regarding
maturity in [sect] 989.213(a), and to the maturity dockage tables in
[sect] 989.213(b) and (d). Additionally, this rule removes obsolete
language contained in [sect][sect] 989.212 and 989.213 that was
applicable to only the 1998-99 crop year.

Raisin Weight Conversion Table

    Section 989.601 of the order's regulations specifies a list of
conversion factors for raisin weights. The factors are used to convert
the net weight of reconditioned raisins acquired by handlers as packed
raisins to a natural condition weight. The net weight of the raisins
after the completion of processing is divided by the applicable factor
to obtain the natural condition weight. If the adjusted weight exceeds
the original weight, the original weight is used. This rule adds Other
Seedless-Sulfured raisins to that list, specifying a conversion factor
of 0.95. These raisins are similar to Golden Seedless and Dipped
Seedless for which 0.95 conversion factors are specified.

Outgoing Quality Requirements

    Section 989.59 of the order provides authority for quality control
regulations for raisins subsequent to their acquisition by handlers
(outgoing requirements). Section 989.702 of the order's regulations
specifies minimum grade standards for packed raisins. Paragraph (a) of
that section specifies requirements for three varietal types--Natural
(sun-dried) Seedless, Dipped Seedless, and Oleate and Related Seedless
raisins. This rule revises paragraph (a) to add Other Seedless-Sulfured
raisins.
    Accordingly, Other Seedless-Sulfured raisins must meet the
requirements of U.S. Grade C as defined in the United States Standards
for Grades of Processed Raisins ([sect][sect] 52.1841 through 52.1858)
issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 1622
through 1624). At least 70 percent, by weight, of the raisins in a lot
must be well-matured or reasonably well-matured. With respect to
select-sized and mixed-sized lots, the raisins must at least meet the
U.S. Grade B tolerances for pieces of stem, and underdeveloped and
substandard raisins, and small (midget) sized raisins must meet the
U.S. Grade C tolerances for those factors.

[[Page 36791]]

Reporting Requirements

    All raisin handlers are currently required to submit various
reports to the RAC where the data collected is segregated by varietal
type of raisin. These reports include: (1) Weekly Report of Standard
Raisin Acquisitions (RAC-1); (2) Weekly Report of Standard Raisins
Received for Memorandum Receipt or Warehousing (RAC-3); (3) Monthly
Report of Free Tonnage Raisin Disposition (RAC-20); (4) Weekly Off-
Grade Summary (RAC-30); (5) Inventory of Free Tonnage Standard Quality
Raisins On Hand (RAC-50); and (6) Inventory of Off-Grade Raisins On
Hand (RAC-51). This rule requires that an additional column be added to
these six forms so that handlers can report Other Seedless-Sulfured
raisins separately. The current total annual burden for these six forms
is 660 hours. This rule will not change this burden on handlers.

Initial Regulatory Flexibility Analysis

    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. Accordingly, AMS has
prepared this initial regulatory flexibility analysis.
    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 approximately 20 handlers of California raisins who are
subject to regulation under the order and approximately 4,500 raisin
producers in the regulated area. Small agricultural firms are defined
by the Small Business Administration (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. Thirteen of the 20 handlers subject to regulation have annual
sales estimated to be at least $5,000,000, and the remaining 7 handlers
have sales less than $5,000,000, excluding receipts from any other
sources. No more than 7 handlers, and a majority of producers, of
California raisins may be classified as small entities.
    The order provides authority for volume and quality regulations
that are imposed by varietal type of raisin. This rule establishes, and
adds to the regulations a varietal type (Other Seedless-Sulfured
raisins), along with quality requirements which is a new type of raisin
that is being produced by some industry members. A new paragraph (j) is
added to [sect] 989.110 of the order's regulations to define the
varietal type Other Seedless-Sulfured raisins. Pursuant to [sect][sect]
989.58 and 989.59, quality requirements for Other Seedless-Sulfured
raisins are added to the order's regulations as follows: incoming
quality requirements are added to [sect][sect] 989.210, 989.212,
989.213, and 989.701; a factor for converting between natural condition
and processed weight is added to [sect] 989.601; and outgoing quality
requirements are added to [sect] 989.702.
    Regarding the impact of this action on affected entities, this rule
will allow the RAC to consider Other Seedless-Sulfured raisins
separately from other varietal types of raisins for the purpose of
volume and quality regulation, thereby recognizing distinct differences
in supply and demand conditions for that product. Producers and
handlers will be able to take advantage of a separate and distinct
market for Other Seedless-Sulfured raisins. This rule also allows
appropriate quality requirements to be applied to this new varietal
type, which will facilitate the production and handling of such
raisins. In addition, this rule will allow the RAC to examine data on
acquisitions and shipments of Other Seedless-Sulfured raisins, as
handlers submit various reports to the RAC where the data is segregated
by varietal type. The RAC will be able to analyze this data and assess
marketing trends and opportunities for this unique varietal type. There
are no expected additional costs associated with this regulation on
either producers or handlers.
    The RAC considered some alternatives to this action. The RAC
reviewed the existing varietal types to see whether Other Seedless-
Sulfured raisins could fit into an established category. The Golden
Seedless and Other Seedless varietal types were examined. However,
Other Seedless-Sulfured raisins may not meet the color requirements for
Golden Seedless raisins. In addition, Other Seedless-Sulfured raisins
do not fit into the Other Seedless category because that varietal type
has historically included raisins that have not been sulfured. The
industry determined that it was appropriate to establish a separate
varietal type for Other Seedless raisins that had been dehydrated and
sulfured.
    All raisin handlers are currently required to submit various
reports to the RAC where the data collected is segregated by varietal
type of raisin. These reports include: (1) Weekly Report of Standard
Raisin Acquisitions (RAC-1); (2) Weekly Report of Standard Raisins
Received for Memorandum Receipt or Warehousing (RAC-3); (3) Monthly
Report of Free Tonnage Raisin Disposition (RAC-20); (4) Weekly Off-
Grade Summary (RAC-30); (5) Inventory of Free Tonnage Standard Quality
Raisins On Hand (RAC-50); and (6) Inventory of Off-Grade Raisins On
Hand (RAC-51). This rule requires that an additional column be added to
these six forms so that handlers can report Other Seedless-Sulfured
raisins separately. The current total annual burden for these six forms
is 660 hours. This rule will not change this burden on handlers.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements referenced above
have been approved by the Office of Management and Budget (OMB) under
OMB Control No. 0581-0178. As with all Federal marketing order
programs, reports and forms are periodically reviewed to reduce
information requirements and duplication by industry and public sector
agencies.
    Additionally, except for applicable section 8e import regulations,
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule. However, as previously stated,
Other Seedless-Sulfured raisins must meet U.S. Grade C as defined in
the United States Standards for Grades of Processed Raisins
([sect][sect] 52.1841 through 52.1858) issued under the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622 through 1624).
    Further, the RAC's meetings on August 14, September 20, and
November 13, 2001, where this action was deliberated were public
meetings widely publicized throughout the raisin industry. All
interested persons were invited to attend the meetings and participate
in the industry's deliberations. Finally, interested persons are
invited to submit information on the regulatory and information impact
of this action on small businesses.
    A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http:/
/www.ams.usda.gov/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
    Comments are invited concerning this rule. A 60-day comment period
is provided to allow interested persons to respond. All comments
received will be

[[Page 36792]]

considered prior to finalization of this rule.
    After consideration of all relevant material presented, including
the information and recommendation submitted by the RAC and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect, and that good cause exists for not postponing the effective
date of this rule until 30 days after publication in the Federal
Register because: (1) Other Seedless-Sulfured raisins are being
produced by dehydrators and acquired by handlers during the 2001-02
crop year; (2) industry members are aware of this action which was
recommended and discussed by the RAC at public meetings; (3) this rule
provides appropriate quality standards for Other Seedless-Sulfured
raisins which will facilitate the production and marketing of such
raisins; and (4) this interim final rule provides a 60-day period for
written comments, and all comments timely received will be considered
prior to finalization of this rule.

List of Subjects in 7 CFR Part 989

    Grapes, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.

    For the reasons set forth in the preamble, 7 CFR part 989 is
amended as followed:

PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA

    1. The authority citation for 7 CFR part 989 continues to read as
follows:

    Authority: 7 U.S.C. 601-674.

    2. Section 989.110 is amended by adding a new paragraph (j) to read
as follows:

[sect] 989.110 Varietal types.

* * * * *
    (j) Other Seedless-Sulfured includes all raisins produced from Ruby
Seedless, Kings Ruby Seedless, Flame Seedless and other seedless grapes
not included in any of the varietal categories for Seedless raisins
defined in paragraphs (a), (b), (c), (d), (h), or (i) of this section
which have been artificially dehydrated and sulfured.

    3. In [sect] 989.210, the first sentence in paragraph (a) is
revised to read as follows:

[sect] 989.210 Handling of varietal types of raisins acquired pursuant
to a weight dockage system.

    (a) General. A handler may acquire as standard raisins lots of
Natural (sun-dried) Seedless, Golden Seedless, Dipped Seedless, Oleate
and Related Seedless, Monukka, Other Seedless, Sultana, Zante Currant,
Muscat (including other raisins with seeds), and Other Seedless-
Sulfured raisins under the weight dockage provisions described in
[sect][sect] 989.212 and 989.213.* * *
* * * * *

    4. In [sect] 989.212, paragraph (a), the paragraph heading in
paragraph (b), the note to paragraph (b), and the note to paragraph (c)
are revised to read as follows: [sect] 989.212 Substandard dockage.
    (a) General. Subject to prior agreement between handler and
tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped
Seedless, Oleate and Related Seedless, Monukka, Other Seedless, and
Other Seedless-Sulfured raisins containing from 5.1 through 17.0
percent, by weight, of substandard raisins may be acquired by a handler
under a weight dockage system. A handler may also, subject to prior
agreement, acquire as standard raisins any lot of Muscat (including
other raisins with seeds), Sultana, and Zante Currant raisins
containing from 12.1 through 20.0 percent, by weight, of substandard
raisins under a weight dockage system. The creditable weight of each
lot of raisins acquired under the substandard dockage system shall be
obtained by multiplying the net weight of the lot of raisins by the
applicable dockage factor from the appropriate dockage table prescribed
in paragraph (b) or (c) of this section.
    (b) Substandard dockage table applicable to Natural (sun-dried)
Seedless, Golden Seedless, Dipped Seedless, Oleate and Related
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins.
* * *

    Note to paragraph (b): Percentages in excess of the last
percentage shown in the table shall be expressed in the same
increment as the foregoing, and the dockage factor for each such
increment shall be .001 less than the dockage factor for the
preceding increment. Deliveries in excess of 17.0 percent would be
offgrade; therefore, the dockage factor does not apply.

    (c) * * *

    Note to paragraph (c): Percentages in excess of the last
percentage shown in the table shall be expressed in the same
increments as the foregoing, and the dockage factor for each
increment shall be .001 less than the dockage factor for the
preceding increment. Deliveries in excess of 20.0 percent would be
offgrade; therefore, the dockage factor does not apply.

    5. Section 989.213 is amended by revising paragraph (a) and the
introductory text in paragraphs (b), (c), and (d), removing the last
sentence in the note to paragraph (d) and removing the last sentence in
the note to paragraph (e) to read as follows:

[sect] 989.213 Maturity dockage.

    (a) General. Subject to prior agreement between handler and
tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped
Seedless, Oleate and Related Seedless, Monukka, Other Seedless, and
Other Seedless-Sulfured raisins containing from 35.0 percent through
49.9 percent, by weight, of well-matured or reasonably well-matured
raisins may be acquired by a handler under a weight dockage system. The
creditable weight of each lot of raisins acquired under the maturity
dockage system shall be obtained by multiplying the net weight of the
lot of raisins by the applicable dockage factor from the dockage table
prescribed in paragraphs (b), (c), and (d) of this section.
    (b) Maturity dockage table applicable to lots of Natural (sun-
dried) Seedless, Golden Seedless, Dipped Seedless, Oleate and Related
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins
which contain 45.0 percent through 49.9 percent well-matured or
reasonably well-matured raisins: * * *
    (c) Maturity dockage table applicable to lots of Natural (sun-
dried) Seedless, Golden Seedless, Dipped Seedless, Oleate and Related
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins
which contain 40.0 percent through 44.9 percent well-matured or
reasonably well-matured raisins: * * *
    (d) Maturity dockage table applicable to lots of Natural (sun-
dried) Seedless, Golden Seedless, Dipped Seedless, Oleate and Related
Seedless, Monukka, Other Seedless, and Other Seedless-Sulfured raisins
which contain 35.0 percent through 39.9 percent well-matured or
reasonably well-matured raisins: * * *
* * * * *

    6. In [sect] 989.601, the table is revised to read as follows:

[sect] 989.601 Conversion factors for raisin weight.

* * * * *

[[Page 36793]]

------------------------------------------------------------------------
                                                              Conversion
                       Varietal type factor
------------------------------------------------------------------------
Natural (sun-dried) Seedless............................... 0.92
Golden Seedless, Dipped Seedless, Other Seedless, and Other 0.95
 Seedless-Sulfured.........................................
Muscats (including raisins with seeds):
  Seeded................................................... 0.80
  Unseeded................................................. 0.92
Sultana.................................................... 0.92
Zante Currant.............................................. 0.91
Oleate and Related Seedless................................ 0.92
------------------------------------------------------------------------

    7. In [sect] 989.701, the paragraph heading and the first sentence
in paragraph (b) are revised to read as follows:

[sect] 989.701 Minimum grade and condition standards for natural
condition raisins.

* * * * *
    (b) Dipped Seedless, Oleate and Related Seedless, and Other
Seedless-Sulfured raisins. Natural condition Dipped Seedless, Oleate
and Related Seedless, and Other Seedless-Sulfured raisins shall have
been prepared from sound, wholesome, matured grapes properly dried and
cured, and shall meet the following additional requirements: * * *
* * * * *

    8. In [sect] 989.702, paragraph (a) is revised to read as follows:

[sect] 989.702 Minimum grade standards for packed raisins.

* * * * *
    (a) Natural (sun-dried) Seedless, Dipped Seedless, Oleate and
Related Seedless, and Other Seedless-Sulfured raisins. Packed Natural
(sun-dried) Seedless, Dipped Seedless, Oleate and Related Seedless, and
Other Seedless-Sulfured raisins shall meet the requirements of U.S.
Grade C as defined in the effective United States Standards for Grades
of Processed Raisins ([sect][sect] 52.1841 through 52.1858 of this
title): Provided, That at least 70.0 percent, by weight, of the raisins
shall be well-matured or reasonably well-matured. With respect to
select-sized and mixed-sized raisin lots, the raisins shall at least
meet the U.S. Grade B tolerances for pieces of stem, and underdeveloped
and substandard raisins, and small (midget)-sized raisins shall meet
the U.S. Grade C tolerances for those factors.
* * * * *

    Dated: May 21, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-13229 Filed 5-24-02; 8:45 am]
BILLING CODE 3410-02-P



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