This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

45731 

Vol. 74, No. 171 

Friday, September 4, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 945 

[Doc. No. AMS–FV–08–0062; FV08–945–1 

FR] 

Irish Potatoes Grown in Certain 

Designated Counties in Idaho, and 

Malheur County, Oregon and Imported 

Irish Potatoes; Relaxation of Size 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule relaxes the size 

requirements for potatoes handled 

under the marketing order for IdahoEastern Oregon potatoes and for long 

type potatoes imported into the United 

States. This rule revises the size 

requirements to allow: Creamer size (3⁄4

inch to 15⁄8 inches diameter) for all 

varieties of potatoes to be handled if the 

potatoes otherwise meet U.S. No. 1 

grade; and round type potatoes to be 

handled without regard to size so long 

as the size is specified on the container 

in connection with the grade. The 

changes are intended to improve the 

handling and marketing of IdahoEastern Oregon potatoes and increase 

returns to producers. The changes 

would also allow the importation of 

Creamer size long type potatoes under 

regulations as authorized by section 8e 

of the Agricultural Marketing 

Agreement Act of 1937. 

DATES: Effective Date: October 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW. Third Avenue, 

Suite 385, Portland, OR 97204; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440, or E-mail: 

Barry.Broadbent@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

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, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing 

Agreement and Marketing Order No. 

945, both as amended (7 CFR part 945), 

regulating the handling of Irish potatoes 

grown in certain designated counties in 

Idaho, and Malheur County, Oregon, 

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.’’ 

This final rule is also issued under 

section 8e of the Act, which provides 

that whenever certain specified 

commodities, including potatoes, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States are prohibited 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. 

The U.S. Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have retroactive effect. 

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. A 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. 

There are no administrative 

procedures which must be exhausted 

prior to any judicial challenge to the 

provisions of import regulations issued 

under section 8e of the Act. 

Under the terms of the marketing 

order, fresh market shipments of IdahoEastern Oregon potatoes are required to 

be inspected and are subject to grade, 

size, quality, maturity, pack, and 

container requirements. This final rule 

relaxes the current size requirements for 

potatoes handled under the order. As 

required under section 8e of the Act, the 

addition of the Creamer size allowance 

for U.S. No. 1 grade potatoes to the size 

requirements contained in the 

marketing order regulations also 

changes the import regulations for 

imported long type potatoes. 

At its meeting on June 9, 2008, the 

Committee unanimously recommended 

relaxing the size requirements for all 

varieties of U.S. No. 1 grade potatoes. 

Additionally, the Committee 

recommended adding a provision to the 

current requirements that would allow 

handling of U.S. No. 2 or better grade 

round type potatoes without regard to 

size so long as the size is specified on 

the container in connection with the 

grade. 

Sections 945.51 and 945.52 of the 

order provide authority for the 

establishment and modification of 

grade, size, quality, and maturity 

regulations applicable to the handling of 

potatoes. 

Section 945.341 establishes minimum 

grade, size, and maturity requirements 

for potatoes handled subject to the 

order. Currently, the order’s handling 

regulations specify the size requirement 

for round type potato varieties handled 

subject to the order to be 17⁄8 inches 

minimum diameter. All other varieties 

of potatoes handled must be 2 inches 

minimum diameter, or 4 ounce 

minimum weight, provided that at least 

40 percent of the potatoes in each lot 

shall be 5 ounces or heavier. 

Additionally, the order’s handling 

regulations allow the handling of Size B 

potatoes (11⁄2 to 21⁄4 inches diameter), as 

established in the United States 

Standards for Grades of Potatoes (7 CFR 

51.1540–51.1566), so long as the 


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potatoes otherwise meet the 

requirements of U.S. No. 1 grade. 

This final rule relaxes the size 

requirements of potatoes regulated 

under the order to allow the handling of 

Creamer size potatoes (3⁄4 to 15⁄8 inches 

diameter, as defined in the United 

States Standards for Grades of Potatoes), 

if those potatoes otherwise meet the 

requirements of U.S. No. 1 grade. In 

addition, this rule adds a provision to 

the existing size requirements to allow 

U.S. No. 2 grade or better round type 

potatoes to be handled without regard to 

size, so long as the size is specified on 

the container in connection with the 

grade. This change is consistent with 

the size requirements for U.S. No 1 and 

U.S. No. 2 grade potatoes as contained 

in the United States Standards for 

Grades of Potatoes. 

Committee members stated that 

consumer demand for small potatoes 

has been increasing in recent years and 

now makes up a significant percentage 

of total domestic potato consumption. 

The trend has also increased domestic 

market demand for potatoes smaller 

than currently allowed by the size 

requirements prescribed in the order. 

This shift in consumer preference has 

been recognized with the inclusion of 

the new Creamer size classification in 

the most recent update of the United 

States Standards for Grades of Potatoes, 

which became effective April 21, 2008 

(73 FR 15052). The market for smaller 

potatoes is currently being supplied by 

potato production areas outside the 

order’s production area and through 

limited special purpose shipments 

authorized under § 945.341(e)(iii). 

Committee members believe that it is 

important that the handling regulations 

be changed to recognize the significant 

increase in the demand for small size 

potatoes. They believe that relaxing the 

minimum size requirements for certain 

grades and packs of potatoes will enable 

handlers to market a larger portion of 

the potato crop in fresh market outlets, 

meet the supply needs of potato buyers, 

and satisfy the purchasing preferences 

of potato consumers. 

According to the Committee, quality 

assurance is very important to the 

industry and to its customers. Providing 

the public with acceptable quality 

produce that is appealing to the 

consumer on a consistent basis is 

necessary to maintain consumer 

confidence in the marketplace. The 

Committee believes that relaxing the 

size requirements, while maintaining all 

other regulatory requirements, will 

preserve their commitment to quality 

while allowing the industry to adapt to 

changing consumer preferences. 

The Committee reported that potato 

size is a significant consideration of 

potato buyers. Providing them the sizes 

desired by their customers is important 

to promoting potato sales. In addition, 

small size potatoes tend to command 

higher prices in the market, providing 

producers and handlers the opportunity 

to increase revenues. This change is 

expected to improve the marketing of 

Idaho-Eastern Oregon potatoes, increase 

the volume of potatoes handled, and 

enhance overall returns to producers. 

Section 8e provides the authority for 

the regulation of certain imported 

commodities whenever those same 

commodities are regulated by a 

domestic marketing order. Potatoes are 

one of the commodities specifically 

covered by section 8e in the Act. In 

addition, section 8e provides that 

whenever two or more such marketing 

orders regulating the same agricultural 

commodity produced in different areas 

are concurrently in effect, imports must 

comply with the provisions of the order 

which regulates the commodity 

produced in the area with which the 

imported commodity is in the ‘‘most 

direct competition.’’ Section 

980.1(a)(2)(iii) contains the 

determination that imports of long type 

potatoes during each month of the year 

are in most direct competition with 

potatoes of the same type produced in 

the area covered by the order. 

Minimum grade, size, quality, and 

maturity requirements for potatoes 

imported into the United States are 

currently in effect under § 980.1. 

Section 980.1(b)(3) provides that, 

through the entire year, the grade, size, 

quality, and maturity requirements of 

Marketing Order No. 945 applicable to 

potatoes of all long types shall be the 

respective grade, size, quality, and 

maturity requirements for imported 

potatoes of all long types. This rule 

relaxes the size requirements for 

imports of U.S. No. 1 grade, long type 

potatoes. Currently, the minimum size 

requirement for imported long type U.S. 

No. 1 grade potatoes is Size B (11⁄2 to 

21⁄4 inches). This change allows 

importation of Creamer size (3⁄4 inch to 

15⁄8 inches) long type potatoes if the 

potatoes otherwise meet the 

requirements of the U.S. No. 1 grade 

standard. 

Final Regulatory Flexibility Analysis 

Pursuant to the 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 

final 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. 

Import regulations issued under the 

Act are based on those established 

under Federal marketing orders which 

regulate the handling of domestically 

produced products. 

There are approximately 46 handlers 

of Idaho-Eastern Oregon potatoes who 

are subject to regulation under the order 

and about 900 potato producers in the 

regulated area. In addition, there are 

approximately 255 importers of all types 

of potatoes, many of which import long 

types, who are subject to regulation 

under the Act. Small agricultural service 

firms, which include potato handlers 

and importers, are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000, and small 

agricultural producers are defined as 

those whose annual receipts are less 

than $750,000. 

Based on a 2005–2007 average fresh 

potato production of 32,242,467 

hundredweight as calculated from 

Committee records, a three-year average 

of producer prices of $6.95 per 

hundredweight reported by the National 

Agricultural Statistics Service (NASS), 

and 900 Idaho-Eastern Oregon potato 

producers, the average annual producer 

revenue is approximately $248,984. It 

can be concluded, therefore, that a 

majority of these producers would be 

classified as small entities. 

In addition, based on Committee 

records and 2005–2007 f.o.b. shipping 

point prices predominantly ranging 

from $5.00 to $26.00 per hundredweight 

reported by USDA’s Market News 

Service (Market News), many of the 

Idaho-Eastern Oregon potato handlers 

do not ship over $7,000,000 worth of 

potatoes. In view of the foregoing, it can 

be concluded that a majority of the 

handlers would be classified as small 

entities as defined by the SBA. The 

majority of potato importers may be 

classified as small entities as well. 

This final rule relaxes the size 

requirements of potatoes regulated 

under the order to allow the handling of 

Creamer size potatoes, if those potatoes 

otherwise meet the requirements of U.S. 

No. 1 grade. Additionally, this final rule 

adds a provision to the existing size 

requirements that allows round type 

potatoes to be handled without regard to 


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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45733 

size, so long as the size is specified on 

the container in connection with the 

grade. 

Pursuant to section 8(e), this final rule 

also relaxes the size requirements of the 

import regulations to allow importation 

of Creamer size, long type potatoes if the 

potatoes otherwise meet the 

requirements of U.S. No. 1 grade. This 

final rule will not affect the current 

import requirements for red-skinned, 

round type or all other round type 

potatoes and will not require any 

language changes to § 980.1 of the 

vegetable import regulations. 

Committee members believe it is 

important to modify the handling 

regulations to recognize the significant 

increase in the demand for smaller size 

potatoes. They believe that relaxing the 

minimum size requirements will enable 

handlers to market a larger portion of 

the crop in fresh market outlets and to 

meet the needs of consumers and 

produce buyers. Market mechanisms 

have indicated that smaller minimum 

diameter potatoes are desirable, as 

evidenced by the increasing demand for 

such potatoes, and consistently 

command higher prices in relation to 

larger diameter potatoes. This action 

will better ensure that the growing 

market for smaller sized potatoes 

continues to be adequately supplied. 

This change is expected to improve the 

marketing of Idaho-Eastern Oregon 

potatoes and increase returns to 

producers. 

Authority for this proposed rule is 

provided in §§ 945.51 and 945.52 of the 

order. Section 945.341(a)(2) of the 

order’s handling regulations prescribes 

the size requirements. Relevant import 

regulations are contained in §§ 980.1 

and 980.501. 

At the June 9, 2008, meeting, the 

Committee discussed the impact of this 

change on handlers and producers. The 

proposal is a relaxation of current 

regulation and, as such, should either 

generate a positive impact or no impact 

on industry participants. The 

Committee did not foresee a situation in 

which this proposed change would 

negatively impact either handlers or 

producers. 

Neither the Committee nor NASS 

compile statistics exclusively relating to 

the production of small size potatoes. 

The Committee has relied on the 

opinions of the producers and the 

handlers familiar with that market to 

draw its conclusions. Information 

presented in the June 9 meeting suggests 

that there is increasing domestic 

consumer demand for small size 

potatoes. There also appears to be a 

trend in domestic consumer preference 

toward increasingly smaller diameter 

potatoes. This is in contrast to the 

demand for larger size potatoes, which 

has been essentially static for several 

years. 

The addition of the Creamer size 

designation to the United States 

Standards for Grades of Potatoes by the 

USDA Fresh Products Branch (Fresh 

Products) supports the Committee’s 

position that market demand for small 

size potatoes is increasing. Prior to the 

recent changes made in the United 

States Standards for Grades of Potatoes, 

the smallest potato size designation was 

Size B, with a minimum diameter of 11⁄2

inches. Fresh Products determined that 

a smaller potato size designation was 

necessary to accommodate emerging 

marketing trends in the potato industry. 

The addition of the Creamer size 

designation reduced the minimum 

potato size, as determined in the United 

States Standards for Grades of Potatoes, 

to 3⁄4 inches diameter. 

The Committee reported that smaller 

size potatoes of good quality receive 

premium prices. While USDA Market 

News does not report on round type 

potatoes or on small size, long type 

potatoes in the Idaho-E. Oregon area, 

but does report on activity in other 

regions producing both round types and 

smaller sizes of potatoes, reports from 

other areas do show that the higher 

grade, small size round type potatoes 

consistently command higher prices 

than larger potatoes. It would be 

reasonable to expect price trends 

between production areas to move 

together, given that the regions would 

compete with each other for sales in the 

domestic market. 

Relaxing the size requirement will 

allow producers and handlers of 

potatoes under the order to ship a 

greater percentage of their crop to the 

fresh market. In addition, shipments of 

the smaller size potatoes that are 

allowed as a result of this rule change 

are expected to command higher prices, 

which should increase total net returns 

for those firms who chose to ship. The 

benefits derived from this rule change 

are not expected to be 

disproportionately more or less for 

small handlers or producers than for 

larger entities. 

Additionally, this rule will allow 

potato importers to respond to the 

changing demand of the domestic 

consumers. The market’s increasing 

preference for small size potatoes 

applies to imported potatoes as well as 

domestic potatoes. Thus, importers will 

benefit by increasing sales to this 

emerging domestic market segment. 

The Committee discussed alternatives 

to this proposed change. One alternative 

included making no change at all to the 

current regulation. The Committee did 

not believe that maintaining the current 

requirements would serve to meet the 

needs of consumers or buyers, and 

would not ultimately be of any benefit 

to the industry. Another alternative 

discussed was to allow smaller size 

potatoes to continue to be handled 

exempt from regulation under the 

special purpose shipment provisions 

provided within the order. This option 

was also rejected because it could 

potentially allow lower quality potatoes 

to be shipped into the fresh market. 

Lastly, the Committee considered 

further relaxing the size requirement for 

potatoes beyond what is proposed in 

this rule. The discussion centered on 

whether to extend the relaxation to U.S. 

No. 2 grade potatoes as well. The 

Committee believed that the proposed 

relaxation is sufficient to adequately 

supply the growing market demand for 

smaller size potatoes while still 

maintaining high quality standards for 

such potatoes. After consideration of all 

the alternatives, the Committee believes 

that the proposed changes contained 

herein would provide the greatest 

amount of benefit to the industry with 

the least amount of cost. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

This action will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato handlers and importers. 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. In 

addition, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this final rule. 

Further, the Committee’s meeting was 

widely publicized throughout the potato 

industry, and all interested persons 

were invited to attend the meeting and 

participate in Committee deliberations. 

Like all Committee meetings, the June 9, 

2008, meeting was a public meeting and 

all entities, both large and small, were 

able to express their views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on May 22, 2009 (74 FR 23958). 

Copies of the rule were mailed or sent 

via facsimile to all Committee members 

and potato handlers and importers. 

Finally, the rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. A 60-day 

comment period ending July 21, 2009, 


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45734 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

was provided to allow interested 

persons to respond to the proposal. 

One comment was received. The 

commenter, representing a Canadian 

association of producers and handlers, 

fully supported the proposal to relax the 

size requirements. 

Accordingly, no changes will be made 

to the rule as proposed, based on the 

comments received. 

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/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this final rule. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee 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. 

List of Subjects in 7 CFR Part 945 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth above, 7 CFR 

part 945 is amended as follows: 

PART 945—IRISH POTATOES GROWN 

IN CERTAIN DESIGNATED COUNTIES 

IN IDAHO, AND MALHEUR COUNTY, 

OREGON 

■ 1. The authority citation for 7 CFR 

part 945 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 945.341, paragraphs (a)(2)(i) 

and (a)(2)(iii) are revised to read as 

follows: 

§ 945.341 Handling regulation. 

* * * * * 

(a) * * * 

(2) * * * 

(i) Round varieties. 17⁄8 inches 

minimum diameter, unless otherwise 

specified on the container in connection 

with the grade. 

* * * * * 

(iii) All varieties, U.S. No. 1 grade or 

better. (A) Size B (11⁄2 to 21⁄4 inches 

diameter). 

(B) Creamer (3⁄4 to 15⁄8 inches 

diameter). 

* * * * * 

Dated: August 31, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–21354 Filed 9–3–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 980 

[Doc. No. AMS FV–08–0097; FV09–980–1 

FR] 

Vegetables, Import Regulations; Partial 

Exemption to the Minimum Grade 

Requirements for Fresh Tomatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule provides a partial 

exemption to the minimum grade 

requirements under the tomato import 

regulation. The Florida Tomato 

Committee (Committee), which locally 

administers the marketing order for 

tomatoes grown in Florida (order), 

recommended the change for Florida 

tomatoes. The order’s administrative 

rules and regulations were recently 

revised to exempt Vintage RipesTM

tomatoes (Vintage RipesTM) from the 

shape requirements associated with the 

U.S. No. 2 grade. A corresponding 

change to the import regulation is 

required under section 8e of the 

Agricultural Marketing Agreement Act 

of 1937. This rule provides the same 

partial exemption for Vintage RipesTM

under the import regulation so it 

conforms to the regulations under the 

order. 

DATES: Effective Date: October 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793; or E-mail: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

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, or E-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under section 8e of the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act,’’ 

which provides that whenever certain 

specified commodities, including 

tomatoes, are regulated under a Federal 

marketing order, imports of these 

commodities into the United States are 

prohibited unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodity. 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

There are no administrative 

procedures, which must be exhausted 

prior to any judicial challenge to the 

provisions of import regulations issued 

under section 8e of the Act. 

This final rule provides a partial 

exemption to the minimum grade 

requirements for Vintage RipesTM

imported into the United States. Absent 

an exemption, the import requirements 

specify that tomatoes must meet at least 

a U.S. No. 2 grade before they can be 

shipped and sold into the fresh market. 

A final rule amending the rules and 

regulations under the order exempting 

Vintage RipesTM from the shape 

requirements associated with the U.S. 

No. 2 grade was issued separately by 

USDA (74 FR 17591, April 16, 2009). 

This rule provides the same partial 

exemption under the import regulation 

so it conforms to the regulations under 

the order. 

Section 966.52 of the order provides 

the authority to establish grade 

requirements for Florida tomatoes. 

Section 966.323 of the order specifies, 

in part, the minimum grade 

requirements for tomatoes grown in 

Florida. Section 980.212 specifies the 

corresponding import requirements. 

Form and shape represent part of the 

elements of grade. The current 

minimum grade requirement for Florida 

tomatoes and for imported tomatoes is 

a U.S. No. 2. The specifics of this grade 

requirement are listed under the U.S. 

Standards for Grades of Fresh Tomatoes 

(7 CFR 51.1855–51.1877). 

The U.S. Standards for Grades of 

Fresh Tomatoes (Standards) specify the 

criteria tomatoes must meet to grade a 

U.S. No. 2, including that they must be 


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