[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Rules and Regulations]
[Pages 29945-29949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11640]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 993

[Docket No. FV00-993-2 FR]


Dried Prunes Produced in California; Undersized Regulation for 
the 2000-2001 Crop Year

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule changes the undersized prune regulation for dried 
prunes received by handlers from producers and dehydrators under 
Marketing Order No. 993 for the 2000-2001 crop year. The marketing 
order regulates the handling of dried prunes produced in California and 
is administered locally by the Prune Marketing Committee (Committee). 
This rule removes the smallest, least desirable of the marketable size 
dried prunes produced in California from human consumption outlets, and 
allows handlers to dispose of undersized prunes in such outlets as 
livestock feed. The Committee estimated that this rule will reduce the 
excess of dried prunes expected at the end of the 1999-2000 crop year 
by approximately 5,100 tons, leaving sufficient prunes to fulfill 
foreign and domestic trade demand.

EFFECTIVE DATE: August 1, 2000.

FOR FURTHER INFORMATION CONTACT: Richard P. Van Diest, Marketing 
Specialist, California Marketing Field Office, 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, room 2525-S, P.O. Box 
96456, Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: (202) 
720-5698.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 
2525-S, Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: 
(202) 720-5698, or E-mail: <a href="/cdn-cgi/l/email-protection#e4ae859dcaa3918196868196a491978085ca838b92"><span class="__cf_email__" data-cfemail="561c372f7811233324343324162325323778313920">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 993, both as amended (7 CFR part 993), 
regulating the handling of dried prunes produced in California, 
hereinafter referred to as the ``order.'' The marketing agreement and 
order are 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 (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This 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.
    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 the Secretary 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 the Secretary 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 the Secretary'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 final rule changes the undersized regulation in Sec. 993.49(c) 
of the prune marketing order for the 2000-2001 crop year for inventory 
management purposes. The regulation removes prunes passing through 
specified screen openings. For French prunes, the screen opening will 
be increased from \23/32\ to \24/32\ of an inch in diameter; and for 
non-French prunes, the opening will be increased from \28/32\ to \30/
32\ of an inch in diameter. This rule removes the smallest, least 
desirable of the marketable size dried prunes produced in California 
from human consumption outlets. The rule will be in effect from August 
1, 2000, through July 31, 2001, and was unanimously recommended by the 
Committee at a November 30, 1999, meeting.
    Section 993.19b of the prune marketing order defines undersized 
prunes as prunes which pass freely through a round opening of a 
specified diameter. Section 993.49(c) of the prune marketing order 
establishes an undersized regulation of \23/32\ of an inch for French 
prunes and \28/32\ of an inch for non-French prunes. These diameter 
openings have been in effect for quality control purposes. Section 
993.49(c) also provides that the Secretary, upon a recommendation of 
the Committee, may establish larger openings for undersized dried 
prunes whenever it is determined that supply conditions for a crop year 
warrant such regulation. Section 993.50(g) states in part: ``No handler 
shall ship or otherwise dispose of, for human consumption, the quantity 
of prunes determined by the inspection service pursuant to 
Sec. 993.49(c) to be undersized prunes* * *'' Pursuant to Sec. 993.52, 
minimum standards, pack specifications, including the openings 
prescribed in Sec. 993.49(c), may be modified by the Secretary, on the 
basis of a recommendation of the Committee or other information.
    Pursuant to the authority in Sec. 993.52 of the order, Sec. 993.400 
modifies the undersized openings prescribed in Sec. 993.49(c) to permit 
undersized regulations using openings of \23/32\ or \24/32\ of an inch 
for French prunes, and \28/32\ or \30/32\ of an inch for non-French 
prunes.
    During the 1974-75 and 1977-78 crop years, the undersized prune 
regulation was established by the Department at \23/32\ of an inch in 
diameter for French prunes and \28/32\ of an inch in diameter for non-
French prunes. These diameter openings were established in 
Secs. 993.401 and 993.404, respectively (39 FR 32733, September 11, 
1974; and 42 FR 49802, September 28, 1977). In addition, the Committee 
recommended and the Department established volume regulation 
percentages during the 1974-75 crop year with an undersized regulation 
at the aforementioned \23/32\ and \28/32\ inch diameter screen sizes. 
During the 1975-76 and 1976-77 crop years, the undersized prune 
regulation was established at \24/32\ of an inch for French prunes, and 
\30/32\ of an inch for non-French prunes. These diameter openings were 
established in Secs. 993.402 and 993.403 respectively (40 FR 42530, 
September 15, 1975; and 41 FR 37306, September 3, 1976). The prune 
industry had an excess supply of prunes, particularly small-sized 
prunes. Rather than recommending volume regulation percentages for the 
1975-76, 1976-77 and 1977-78 crop years, the Committee

[[Page 29946]]

recommended the establishment of an undersized prune regulation 
applicable to all prunes received by handlers from producers and 
dehydrators during each of those crop years.
    The objective of the undersized regulations during each of those 
crop years was to preclude the use of small prunes in manufactured 
prune products, such as juice and concentrate. Handlers could not 
market undersized prunes for human consumption, but could dispose of 
them in nonhuman outlets such as livestock feed.
    With these experiences as a basis, the marketing order was amended 
on August 1, 1982, establishing the continuing quality-related 
regulation for undersized French and non-French prunes under 
Sec. 993.49(c). That regulation has removed from the marketable supply 
those prunes which are not desirable for use in prune products.
    As in the 1970's, the prune industry is currently experiencing an 
excess supply of prunes, particularly in the smaller sizes. During the 
1998-99 crop year, an undersized prune regulation was established at 
\24/32\ of an inch for French prunes, and \30/32\ of an inch for non-
French prunes. These diameter openings were established in Sec. 993.405 
(63 FR 20058, April 23, 1998). At its meeting on December 1, 1998, the 
Committee recognized that the 1998-99 prune crop was about 50 percent 
of the normal size; however, with the large carryin inventories and 
anticipated large 1999-2000 prune crop, the Committee unanimously 
recommended continuing an undersized prune regulation at \24/32\ of an 
inch in diameter for French prunes and \30/32\ of an inch in diameter 
for non-French prunes. These diameter openings were established in 
Sec. 993.406 (63 FR 23759, May 4, 1999) and made effective from August 
1, 1999, through July 31, 2000.
    For the 1998-99 crop year, the carryin inventory level reached a 
record high of 126,485 natural condition tons. Excessive inventories 
tend to dampen producer returns, and cause weak marketing conditions. 
The carryin for the 1999-2000 crop year was reduced to 59,944 natural 
condition tons. This reduction was due to the low level of salable 
production in 1998-99 (about 102,521 natural condition tons and 50 
percent of a normal size crop) and the undersized prune regulation. 
According to the Committee, the desired inventory level to keep trade 
distribution channels full while awaiting the new crop has ranged 
between 35,353 and 42,071 natural condition tons since the 1996-97 crop 
year, while the actual inventory has ranged between 59,944 and 126,485 
natural condition tons since that year. The desired inventory level for 
early season shipments fluctuates from year-to-year depending on market 
conditions.
    At its meeting on November 30, 1999, the Committee unanimously 
recommended continuing an undersized prune regulation at \24/32\ of an 
inch in diameter for French prunes and \30/32\ of an inch in diameter 
for non-French prunes during the 2000-2001 crop year to help manage 
large prune supplies. This regulation will be in effect from August 1, 
2000, through July 31, 2001.
    The Committee estimated that there will be an excess of about 8,200 
natural condition tons of dried prunes as of July 31, 2000. This rule 
will continue to remove primarily small-sized prunes from human 
consumption channels, consistent with the undersized prune regulation 
that was implemented for the 1998-99 and 1999-2000 crop years. It is 
estimated that approximately 5,100 natural condition tons of small 
prunes will be removed from human consumption channels during the 2000-
2001 crop year. This will leave sufficient prunes to fill domestic and 
foreign trade demand during the 2000-2001 crop year, and provide an 
adequate carryout on July 31, 2001, for early season shipments until 
the new crop is available for shipment. According to the Committee, the 
desired inventory level to keep trade distribution channels full while 
awaiting the new crop is about 42,000 natural condition tons.
    In its deliberations, the Committee reviewed statistics reflecting: 
(1) A worldwide prune demand which has been relatively stable at about 
260,000 tons; (2) a worldwide oversupply that is expected to continue 
growing for several more years (estimated at 350,845 natural condition 
tons by the year 2003); (3) a continuing oversupply situation in 
California caused by increased production from increased plantings and 
higher yields per acre (between the 1990-91 and 1999-2000 crop years, 
the yield ranged from 1.2 to 2.6 versus a 10 year average of 2.2 tons 
per acre); and (4) California's continued excess supply situation. The 
production of these small sizes ranged from 1,332 to 8,778 natural 
condition tons during the 1990-91 through the 1998-99 crop years. The 
Committee concluded that it had to continue utilizing supply management 
techniques to accelerate the return to a balanced supply/demand 
situation in the interest of the California dried prune industry. The 
changes to the undersized regulation for the 2000-2001 crop year are 
the result of these deliberations, and the Committee's desire to bring 
supplies more in line with market needs.
    The current oversupply situation facing the California prune 
industry has been caused by four consecutive large crops (1994-95 
through 1997-98) of over 180,000 natural condition tons. This 
oversupply situation is expected to continue over the next few years 
due to new prune plantings in recent years with higher yields per acre. 
The recent prune plantings have a higher tree density per acre than the 
older prune plantings. During the 1990-91 crop year, the non-bearing 
acreage totaled 5,900 acres; but by 1998-99, the non-bearing acreage 
had quadrupled to more than 26,000 acres. The 1996-97 through 1998-99 
yields have ranged from 1.2 to 2.6 tons per acre. Over the last 10 
years, the average was 2.2 tons per acre. The 1998-99 prune crop was 
exceptionally light, (about 50 percent of normal size or 103,000 tons), 
due to the unusually cool and wet weather conditions caused by the 
weather phenomenon known as El Nino. Although the small 1998-99 crop 
helped reduce the existing oversupply of small dried prunes, supplies 
of small dried prunes remain larger than needed to meet demand.
    The 1999-2000 dried prune crop is expected to be 172,000 natural 
condition tons. Another large crop of about 200,000 natural condition 
tons is expected for the 2000-2001 crop year, partly because of an 
anticipated increase in bearing acreage.
    Since the 1997-98 crop year, producer prices for the \24/32\ of an 
inch in diameter French prunes have been about $40-50 per ton, about 
$260-270 per ton below the cost of production. The lower pricing of the 
smaller prunes continued in 1998-99 and 1999-2000. It is expected to 
continue as an incentive for production of larger size prunes. These 
larger sizes will help the industry better meet the increasing market 
demand for larger size pitted prunes.
    The 1998-99 and 1999-2000 undersized prune rules of \24/32\ of an 
inch for French prunes and \30/32\ of an inch for non-French prunes 
have expedited the reduction of small prune inventories, but more needs 
to be done to bring supplies into balance with market demand. The 
excess inventory on July 31, 1999, was 17,873 natural condition tons, 
and only about 5,130 natural condition tons of dried prunes are 
expected to be removed from the 1999-2000 marketable supply by the 
current undersized regulation. The Committee believes that the same 
undersized regulation also should be implemented during the 2000-2001 
crop year to continue reducing the inventories of small prunes, to help 
reduce the expected large 2000-2001 prune crop supplies, and more 
quickly

[[Page 29947]]

bring supplies in line with demand. Attainment of this goal will 
benefit all of the producers and handlers of California prunes.
    The recommended decision of June 1, 1981 (46 FR 29271) regarding 
undersized prunes states that the undersized prune regulation at the 
\23/32\ and \28/32\ inch diameter size openings will be continuous for 
the purposes of quality control even in above parity situations. It 
further states that any change (i.e., increase) in the size of those 
openings will not be for the purpose of establishing a new quality-
related minimum. Larger openings would only be applicable when supply 
conditions warrant the regulation of a larger quantity of prunes as 
undersized prunes. Thus, any regulation prescribing openings larger 
than those in Sec. 993.49(c) should not be implemented when the grower 
average price is expected to be above parity. The season average price 
received by prune growers averaged about 49 percent of parity during 
the 1994 through 1998 seasons and is in a downward trend. As discussed 
later, the average grower price for prunes during the 2000-2001 crop 
year is not expected to be above parity, and implementation of this 
more restrictive undersized regulation will be appropriate in reference 
to parity.
    Section 8e of the Act requires that when certain domestically 
produced commodities, including prunes, are regulated under a Federal 
marketing order, imports of that commodity must meet the same or 
comparable grade, size, quality, or maturity requirements for the 
domestically produced commodity. This action does not impact the dried 
prune import regulation because the action to be implemented is for 
volume control, not quality control. The smaller diameter openings of 
\23/32\ of an inch for French prunes and \28/32\ of an inch for non-
French prunes were implemented to improve product quality. The 
recommended increases to \24/32\ of an inch in diameter for French 
prunes and \30/32\ of an inch in diameter for non-French prunes are for 
purposes of volume control. Therefore, the increased diameters will not 
be applied to imported prunes.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this rule 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 the 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 1,250 producers of dried prunes in the 
production area and approximately 20 handlers subject to regulation 
under the marketing order. Small agricultural producers have been 
defined by the Small Business Administration (13 CFR 121.201) as those 
having annual receipts less than $500,000, and small agricultural 
service firms are defined as those whose annual receipts are less than 
$5,000,000.
    An updated industry profile shows that 7 out of 20 handlers (35 
percent) shipped over $5,000,000 worth of dried prunes and could be 
considered large handlers by the Small Business Administration. 
Thirteen of the 20 handlers (65 percent) shipped under $5,000,000 worth 
of prunes and could be considered small handlers. An estimated 109 
producers, or less than 9 percent of the 1,250 total producers, could 
be considered large growers with annual income over $500,000. The 
majority of handlers and producers of California dried prunes may be 
classified as small entities.
    This final rule will establish an undersized prune regulation of 
\24/32\ of an inch in diameter for French prunes and \30/32\ of an inch 
in diameter for non-French prunes for the 2000-2001 crop year for 
inventory management purposes. This change in regulation will result in 
more of the smaller sized prunes being classified as undersized prunes, 
and is expected to benefit producers, handlers, and consumers. Since 
prune handlers already use \24/32\ and \30/32\ grader screens, small 
and large producers and handlers will not incur extra costs to purchase 
new screen sizes. Moreover, because the quality related undersized 
regulation has been in place continuously since the early 1980's, the 
only additional cost resulting from the change in regulations to the 
larger screen openings will be the disposal of additional undersized 
prune tonnage (about 5,100 natural condition tons) to nonhuman 
consumption outlets. The larger screen openings currently in place for 
1999-2000 are expected to remove 5,130 tons of dried prunes from the 
excess marketable supply. The Committee estimated that there will be an 
excess of about 8,200 natural condition tons of dried prunes on July 
31, 2000. Implementation of the larger openings in 2000-2001 is 
expected to reduce the surplus by about 5,100 tons.
    Because the benefits and costs of the action will be directly 
proportional to the quantity of \24/32\ screen French prunes and \30/
32\ screen non-French prunes produced or handled, small businesses 
should not be disproportionately affected by the action. While 
variation in sugar content, prune density, and dry-away ratio vary from 
county to county, they also vary from orchard to orchard and season to 
season. In the major producing areas of the Sacramento and San Joaquin 
Valleys (which account for over 99 percent of the State's production), 
the prunes produced are homogeneous enough that this action will not be 
viewed as inequitable by large and small producers in any area of the 
State.
    The quantity of small prunes in a lot is not dependent on whether a 
producer or handler is small or large, but is primarily dependent on 
cultural practices, soil composition, and water costs. The cost to 
minimize the quantity of small prunes is similar for small and large 
entities. The anticipated benefits of this rule are not expected to be 
disproportionately greater or lesser for small handlers or producers 
than for larger entities. The only additional costs on producers and 
handlers expected from the increased openings will be the disposal of 
additional tonnage (now estimated to be about 5,100 tons) to nonhuman 
consumption outlets. These costs are expected to be minimal and will be 
offset by the benefits derived by the elimination of some of the excess 
supply of small-sized prunes.
    At the November 30, 1999, meeting, the Committee discussed the 
financial impact of this change on handlers and producers. Handlers and 
producers receive higher returns for the larger size prunes. Prunes 
eliminated through the implementation of this rule have very little 
value. As mentioned earlier, the current situation for these small 
sizes is quite bleak, with producers losing about $260-270 on every ton 
they deliver to handlers. The 1999-2000 grower field price for \24/32\ 
screen French prunes ranges between $40 and $50 per ton, the same as 
the 1998-99 year. The cost of drying a ton of such prunes is $260 per 
ton at a 4 to 1 dry-away ratio, transportation is at least $20 per ton, 
and the producer assessment paid to the California Prune Board (a body 
which administers the State marketing order for promotion and research) 
is $50 per ton. The total cost is about $330 per ton which equates to a 
loss of about $280-290 per ton for every ton of \24/32\ screen French 
prunes produced and delivered to handlers.
    Utilizing data provided by the Committee, the Department has

[[Page 29948]]

evaluated the impact of the undersized regulation change upon producers 
and handlers in the industry. The analysis shows that a reduction in 
the marketable production and handler inventories should probably 
result in higher season-average prices which will benefit all 
producers. The removal of the smallest, least desirable of the 
marketable dried prunes produced in California from human consumption 
outlets will eliminate an estimated 5,100 tons of small-sized dried 
prunes during the 2000-2001 crop year from the marketplace. This will 
help lessen the negative marketing and pricing effects resulting from 
the excess supply situation facing the industry. California prune 
handlers reported that they held 59,944 tons of natural condition 
prunes on July 31, 1999, the end of the 1998-99 crop year. The 59,944 
ton year-end inventory is larger than what is desired for the prune 
industry. The desired industry inventory level is based on an average 
12-week supply to keep trade distribution channels full while awaiting 
new crop. Currently, it is about 39,000 natural condition tons. This 
leaves an inventory surplus of about 18,000 tons. The near normal size 
1999-2000 prune crop (172,000 tons) and undersized regulation will help 
reduce the surplus, but the anticipated large 2000-2001 prune crop is 
expected to further worsen the supply imbalance.
    As the marketable dried prune inventories are reduced through this 
action, and producers continue to implement improved cultural and 
thinning practices to produce larger prunes, continued improvement in 
producer returns is expected.
    For the 1994-95 through the 1998-99 crop years, the season average 
price received by the producers ranged from a high of $1,120 per ton to 
a low of $784 per ton during the 1998-99 crop year. The season average 
price received by producers during that 5-year period averaged about 49 
percent of parity. Based on available data and estimates of prices, 
production, and other economic factors, the season average producer 
price for the 1999-2000 season is expected to be about $905 per ton, or 
about 43 percent of parity.
    The Committee discussed alternatives to this change, including 
making no changes to the undersized prune regulation and allowing 
market dynamics to foster prune inventory adjustments through lower 
prices on the smaller prunes. While reduced grower prices for small 
prunes are expected to contribute toward a slow reduction in dried 
prune inventories, the Committee believed that the undersized rule 
change is needed to expedite that reduction. With the excess tonnage of 
dried prunes, the Committee also considered establishing a reserve pool 
and diversion program to reduce the oversupply situation. These 
initiatives were not supported because they would not specifically 
eliminate the smallest, least valuable prunes which are in oversupply. 
Instead, the reserve pool and diversion program would eliminate larger 
size prunes from human consumption outlets. Reserve pools for prunes 
have historically been implemented on dried prunes regardless of the 
size of the prunes. While the marketing order also allows handlers to 
remove the larger prunes from the pool by replacing them with small 
prunes and the value difference in cash, this exchange would be 
cumbersome and expensive to administer compared to this rule.
    Section 8e of the Act requires that when certain domestically 
produced commodities, including prunes, are regulated under a Federal 
marketing order, imports of that commodity must meet the same or 
comparable grade, size, quality, or maturity requirements for the 
domestically produced commodity. This action does not impact the dried 
prune import regulation because the action to be implemented is for 
inventory management, not quality control purposes. The smaller 
diameter openings of \23/32\ of an inch for French prunes and \28/32\ 
of an inch for non-French prunes were implemented for the purpose of 
improving product quality. The increases to \24/32\ of an inch in 
diameter for French prunes and \30/32\ of an inch in diameter for non-
French prunes are for purposes of inventory management. Therefore, the 
increased diameters will not be applied to imported prunes.
    This action will not impose any additional reporting or 
recordkeeping requirements on either small or large California dried 
prune handlers. 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.
    The Department has not identified any relevant Federal rules that 
duplicate, overlap, or conflict with this rule.
    In addition, the Committee's meeting was widely publicized 
throughout the prune industry and all interested persons were invited 
to attend the meeting and participate in Committee deliberations on all 
issues. Like all Committee meetings, the November 30, 1999, meeting was 
a public meeting and all entities, both large and small, were able to 
express views on this issue. The Committee itself is composed of 
twenty-two members. Seven are handlers, fourteen are producers, and one 
is a public member. Moreover, the Committee and its Supply Management 
Subcommittee have been reviewing this supply management problem for the 
second year, and this rule reflects their deliberations completely.
    A proposed rule concerning this action was published in the Federal 
Register on Wednesday, January 19, 2000 (65 FR 2908). Copies of this 
rule were mailed or sent via facsimile to all Committee members, 
alternates and dried prune handlers. Finally, the rule was made 
available through the Internet by the U.S. Government Printing Office. 
The rule provided a comment period which ended April 17, 2000. No 
comments were received. Accordingly, no changes will be made to the 
rule as proposed.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at the 
following web site: 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.
    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 993

    Marketing agreements, Plums, Prunes, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 993 is 
amended as follows:

PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA

    1. The authority citation for 7 CFR part 993 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


    2. A new Sec. 993.407 is added to read as follows:

    Note: This section will not appear in the Code of Federal 
Regulations.

Sec. 993.407  Undersized prune regulation for the 2000-2001 crop year.

    Pursuant to Secs. 993.49 paragraph (c) and 993.52, an undersized 
prune regulation for the 2000-2001 crop year is hereby established. 
Undersized

[[Page 29949]]

prunes are prunes which pass through openings as follows: for French 
prunes, \24/32\ of an inch in diameter; for non-French prunes, \30/32\ 
of an inch in diameter.

    Dated: May 4, 2000.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 00-11640 Filed 5-9-00; 8:45 am]
BILLING CODE 3410-02-P


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