Find Laws Find Lawyers Free Legal Forms USA State Laws
CFR > Title 7 - Agriculture > SUBTITLE B—Regulations of the Department of Agriculture > CHAPTER IX—AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE (parts 900 to 999) > PART 916—NECTARINES GROWN IN CALIFORNIA > SUBPART —Container and Pack Regulation (§916.350 to §916.350) > 916.350—California Nectarine Container and Pack Regulation.

CFR

916.350—California Nectarine Container and Pack Regulation.

(a) During the period beginning April 1 and ending October 31, no handler shall ship any package or container of any variety of nectarines marked “CA WELL MAT” or “California Well Matured” except in accordance with the following terms and conditions:
(1) Such nectarines, when packed in any closed package or container, except master containers of consumer packages, individual consumer packages, and five down Euro containers, shall conform to the requirements of standard pack: Provided, That nectarines in any such volume-filled container need only be filled to within one-inch of the top of the container.
(2) Each package or container of nectarines shall bear, on one outside end in plain sight and in plain letters, the word “nectarines.”
(3) Each package or container of nectarines bearing the words “California Well Matured” or “CA WELL MAT” shall be well matured as defined in § 916.356.
(4) Each package or container of nectarines shall bear, on one outside end in plain sight and in plain letters, the name and address of the shipper.
(5) Each package or container of nectarines, except consumer packages mailed directly to consumers, shall bear, on one outside end in plain sight and in plain letters, the following count and/or size description of the nectarines as applicable.
(i) The size of nectarines packed in molded forms (tray-packs) in the No. 22D and the No. 32 standard boxes, or consumer packages; No. 22G standard lug boxes, experimental containers; or the No. 12B fruit (peach) boxes or flats; and the size of wrapped nectarines packed in rows in No. 12B fruit (peach) boxes shall be indicated in accordance with the number of nectarines in each container, such as “80 count,” “88 count,” etc.
(ii) The size of nectarines in molded forms (tray-packs) in experimental containers, and in the No. 22G standard lug boxes, shall be indicated according to the number of such nectarines when packed in molded forms in the No. 22D standard lug box or the No. 32 standard box, in accordance with the requirements of standard pack, such as “80 size,” “88 size,” etc., along with count requirements in paragraph (a)(5)(i) of this section.
(iii) The size of nectarines loose-filled or tight-filled in any container shall be indicated according to the number of such nectarines when packed in molded forms in the No. 22D or No. 32 standard lug box in accordance with the requirements of standard pack, such “80 size,” “88 size,” etc.
(iv) The size of nectarines, when packed in loose-filled or tight-filled containers, shall be marked in accordance with the following table 1 and table 2 which specify the tray-pack size designation in Column A with the corresponding maximum number of nectarines in a 16-pound sample of each size of the fruit in Column B: Provided, That the following procedure shall be used in determining whether nectarines meet the minimum size requirements specified for each size category in this section applying the 16-pound sample. A sample consisting of one-half of the specified number of fruit for a particular size category shall be used, provided such sample weighs at least eight pounds. When one-half the specified number of fruit in a sample results in a number ending with one-half a fruit, the smaller full number of fruit shall be used to determine the sample weight. If a sample fails with respect to minimum size requirements on the basis of an 8-pound sample, a 16-pound sample shall be used to determine if the fruit meets the minimum size requirements.
Table 1—Weight-Count Standards for All Varieties of Nectarines (Except Peento Type Nectarines) Packed in Loose-Filled or Tight-Filled Containers
Column A—Tray pack size designation Column B—Maximum number of nectarines in a 16-pound sample applicable to varieties specified in paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(ii), (a)(5)(ii), (a)(7)(ii), and (a)(8)(ii) of § 916.356
108 100
96 90
88 84
84 78
80 75
72 68
70 63
64 57
60 53
56 48
54 45
50 42
48 41
44 36
42 34
40 32
36 29
34 27
Code of Federal Regulations 118
32 25
30 23
Table 2—Weight-Count Standards for All Varieties of Nectarines (Except Peento Type Nectarines) Packed in Loose-Filled or Tight-Filled Containers
Column A—Tray pack size designation Column B—Maximum Number of nectarines in a 16-pound sample applicable to varieties specified in paragraphs (a)(6)(ii) and (a)(9)(ii) of § 916.356
108 92
96 87
88 80
84 76
80 72
72 65
70 62
64 56
60 53
56 47
54 45
50 42
48 41
44 36
42 34
40 32
36 29
34 27
32 25
30 23
Table 3—Weight-Count Standards for Peento Type Nectarines Packed in Loose-Filled or Tight-Filled Containers
Column A—tray pack size designation Column B—maximum number of nectarines in a 16-pound sample
80 140
72 128
70 111
64 99
60 93
56 87
54 80
50 77
48 74
44 70
42 68
40 59
36 53
34 50
32 39
30 32
(6) Each No. 22D standard lug box, No. 22G standard lug box, or No. 32 standard box of loose-filled nectarines shall bear on one outside end, in plain sight and in plain letters, the words “25 pounds net weight.”
(7) Each No. 22E standard lug box of loose-filled nectarines shall bear on one outside end, in plain sight and in plain letters, the words 35 pounds net weight.
(8) Each bulk bin container of loose-filled nectarines shall contain not less than 100 pounds net weight, and bear on one outside panel, in plain sight and in plain letters, the following information:
(i) The name and address (including zip code) of the shipper.
(ii) The net weight.
(9) Each master container when filled with nectarines packed in consumer packages shall bear on one outside end in plain sight and in plain letters the following information:
(i) The number of individual consumer packages, the net weight of each consumer package, and the size description of the contents: Provided, That when consumer packages of different sizes of nectarines are contained in a master container, the size description of the contents shall indicate the minimum size contained therein, using the terms “Minimum size 60 and larger,” or “Minimum size 70 and larger,” etc., as applicable.
(ii) The name and address (including zip code) of the shipper.
(10) Each individual consumer package shall bear the name and address, including the zip code, of the shipper and the net weight. When a consumer package is not in a master container, it must also bear the number of nectarines contained in the package and be marked as specified in paragraph (a)(3) of this section.
(b) As used in this section, “standard pack” and “fairly uniform in size” shall have the same meaning as set forth in the U.S. Standards for Grade of Nectarines ( Secs. 51.3145 to 51.3160) and all other terms shall have the same meaning as when used in the amended marketing agreement and order. A No. 12B standard fruit box measures 2 3/8 to 7 1/8 × 11 1/2 × 16 1/8 inches, a No. 22D standard lug box measures 2 7/8 to 7 1/8 × 13 1/2 × 16 1/8 inches, a No. 22E standard lug box measures 8 3/4 × 13 1/2 × 16 1/8 inches, a No. 22G standard lug box measures 7 3/8 to 7 1/2 × 13 1/4 × 15 7/8 inches, a No. 32 standard box measures 5 3/4 to 7 1/4 × 12 × 19 3/4 inches, a No. 35 standard box measures 3 1/2 to 7 15/16 × 15 9/16 to 15 13/16 × 23 1/4 to 23 3/4 inches, and a No. 36 standard box measures 5 to 6 1/2 × 13 1/4 × 17 1/4 inches. All dimensions are given in depth (inside dimensions) by width and by length (outside dimensions). “Individual consumer packages” means packages holding 15 pounds or less net weight of peaches. “Tree ripe” means “tree ripened” and fruit shipped and marked as “tree ripe,” “tree ripened,” or any similar terms using the words “tree” and “ripe” must meet the minimum California Well Matured standards.
(c) Each container of nectarines in plastic, 12×19 3/4 inch reusable and recyclable containers shall meet and bear, on the container lid or on the outside end, all applicable marking requirements under the order.
(d) During the period April 1 through October 31, each container or package when packed with nectarines meeting the “CA Utility” quality requirements, shall bear the words “CA Utility,” along with all other required container markings, in letters at least 3/8 inch in height on the visible display panel. Consumer bags or packages must also be clearly marked on the consumer bags or packages as “CA Utility,” along with all other required markings, in letters at least 3/8 inch in height.

Code of Federal Regulations

[50 FR 39074, Sept. 27, 1985]

Code of Federal Regulations

Editorial Note: For Federal Register citations affecting § 916.350 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Tips