[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Rules and Regulations]
[Pages 139-146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34231]



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Rules and Regulations
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Federal Register / Vol. 63, No. 2 / Monday, January 5, 1998 / Rules 
and Regulations

[[Page 139]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 966 and 980

[Docket No. FV97-966-1 FR]


Tomatoes Grown in Florida and Imported Tomatoes; Final Rule to 
Change Minimum Size and Size Designation Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule increases minimum diameter size requirements 
for Florida and imported tomatoes. For Florida tomatoes alone, the rule 
also changes size designations from Medium, Large, and Extra Large to 
numeric size designations of 6 x 7, 6 x 6, and 5 x 6. Also, the rule 
slightly increases the diameter size ranges for the designated sizes. 
The marketing order regulates the handling of tomatoes grown in 
Florida, and is administered locally by the Florida Tomato Committee 
(Committee). This final rule will help the Florida tomato industry and 
importers meet domestic market and industry demands. Also, this rule 
will help provide handlers more marketing flexibility and increase 
returns to producers, as well as provide consumers with slightly 
larger, more mature tomatoes. Application of the size requirement 
increase to imported tomatoes is required under section 8e of the 
Agricultural Marketing Agreement Act of 1937.

EFFECTIVE DATE: This final rule becomes effective February 4, 1998.

FOR FURTHER INFORMATION CONTACT: Christian Nissen, Southeast Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 301 Third Street, NW., Suite 206, Winter 
Haven, Florida 33881; telephone: (941) 299-4770, Fax: (941) 299-5169; 
or George Kelhart, 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) 205-6632. Small 
businesses may request information on compliance 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) 205-
6632.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing 
Agreement No. 125 and Marketing Order No. 966, both as amended (7 CFR 
part 966), regulating the handling of tomatoes grown in certain 
designated counties in Florida, 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 final 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.
    Section 8e of the Act specifies that whenever certain specified 
commodities, including tomatoes, are regulated under a Federal 
marketing order, imports of those commodities must meet the same or 
comparable grade, size, quality, and maturity requirements as those in 
effect for the domestically produced commodity. 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 order, tomatoes produced in the production area and 
shipped to fresh market channels outside the regulated area are 
required to meet grade, size, inspection, and container requirements. 
These requirements are specified in Sec. 966.323 of the handling 
regulations issued under the order. These requirements apply during the 
period October 10 through June 15 each year. The regulated area is the 
entire State of Florida, except the panhandle. The production area is 
part of the regulated area. Specialty packed red ripe tomatoes, yellow 
meated tomatoes, and single and double-layer place-packed tomatoes are 
exempt from container net weight requirements.
    Under Sec. 966.323, all tomatoes, except for pear shaped, paste, 
cherry, hydroponic, and greenhouse tomatoes, must be inspected as 
specified in the United States Standards for Grades of Fresh Tomatoes 
(7 CFR part 51.1855 through 51.1877; standards). Such tomatoes also 
must be at least 2\8/32\ inches in diameter, and sized with proper 
equipment in one or more of the following ranges of diameters. In the 
proposal, the reference to the number 2\8/32\ was incorrectly published 
in the Federal Register as \28/32\ (62 FR 52047; October 6, 1997; 
column three; paragraph three; line eight).

------------------------------------------------------------------------
                                                       Inches    Inches 
                  Size designation                     minimum   maximum
                                                      diameter  diameter
------------------------------------------------------------------------
Medium..............................................   2\8/32\  2\17/32\
Large...............................................  2\16/32\  2\25/32\
Extra Large.........................................  2\24/32\          
------------------------------------------------------------------------

    These size designations and diameter ranges are the same as those 
specified in Sec. 51.1859 of the standards. All tomatoes in the Medium 
size designation are required to grade at least a U.S. No. 2, while 
tomatoes in the larger size

[[Page 140]]

designations are required to grade at least a U.S. No. 3. Section 
966.52 of the order provides authority for the establishment and 
modification of regulations applicable to the handling of particular 
sizes and size designations of tomatoes.
    This rule increases the minimum diameter size requirement for 
Florida tomatoes from 2\8/32\ inches to 2\9/32\ inches and makes 
conforming changes to container marking requirements and the regulation 
for special packed tomatoes. This rule also changes the size 
designations Medium, Large, and Extra Large to numeric size 
designations of 6 x 7, 6 x 6, and 5 x 6 (respectively), and increases 
the diameter size ranges for the designated sizes. These size ranges 
are different from those specified in Sec. 51.1859 of the standards. On 
September 5, 1997, the Committee met and unanimously recommended these 
changes. At the same meeting, the Committee recommended by a vote of 10 
to 2 to eliminate shipments of U.S. No. 3 grade tomatoes from the 
regulated area. That recommendation is being addressed in a separate 
rulemaking action.
    Based on an analysis of markets and demands of buyers, the 
Committee believes that the increase in the minimum size will improve 
the marketing of Florida tomatoes. By increasing the minimum size, the 
tomatoes will be slightly larger and, thus, more mature when packed. 
This follows recent industry trends to ship larger and more mature 
tomatoes. New commercial tomato varieties also have resulted in larger 
sized tomatoes being shipped in response to a strong consumer demand. 
Because of this demand, production of larger tomatoes has been a 
popular method of improving returns among producers as it also 
increases total yields.
    Also, the Committee recommended the increase in minimum size 
requirements to improve the uniformity and appearance of tomato packs. 
The slightly smaller tomatoes in the Medium packs increase the size 
variability of the pack, and are more likely to be immature and have 
less taste. The current minimum size of 2\8/32\ inches allows these 
smaller tomatoes to be combined with more mature tomatoes, which lowers 
the overall quality and, subsequently, the price of the pack. This has 
resulted in complaints from buyers throughout the market.
    In the mid-1980's, Dr. Jeffrey K. Brecht, at the University of 
Florida, did a study of smaller tomatoes. According to his findings, 
fully mature green tomatoes begin coloring within a few days of 
harvesting. Since tomatoes are not easily identified by a surface 
indicator (color) of full maturity in green fruit, pickers are forced 
to rely on size rather than maturity when harvesting tomatoes. The 
result is that tomatoes at the 2\8/32\ of an inch minimum diameter may 
require two weeks or more to begin ripening. Attainment of the full 
ripe stage requires on average a week to 10 days additional time. 
Hence, the full ripening process can take as long as four weeks. 
Tomatoes that take this long to ripen after harvest have been shown to 
have poor taste. Increasing the minimum size to 2\9/32\ inches for 
Medium tomatoes is expected to help reduce this problem. Also, 
consumers are demanding a slightly larger tomato. Smaller tomatoes with 
a less uniform pack have poor consumer acceptance, especially in chain 
stores.
    The increase in the minimum size from 2\8/32\ inches to 2\9/32\ 
inches is not expected to significantly affect the total number of 
containers shipped. During the 1996-1997 season, of the 47,879,084 
containers of 25 pound-equivalent-shipments, approximately 15 percent 
or about 7,023,239 shipments of 25-pound-equivalents from Florida were 
of the Medium size designation. The Medium size currently covers a 
range of 2\8/32\ to 2\17/32\ inches or a range of about \9/32\ of an 
inch. Increasing the minimum size to 2\9/32\ inch removes all tomatoes 
that would have met the 2\8/32\ minimum size designation. The Medium 
size designation currently covers a range of 2\8/32\ to 2\17/32\ inches 
or a range of about \9/32\ of an inch. Removing \1/32\ inch from the 
\9/32\ size range would eliminate about 10 percent of the size range. 
Thus, if the size increase had been applied during the previous season, 
about 700,000 25-pound equivalents would have been eliminated. Thus, 
the size increase is expected to reduce total shipments by about 1.5 
percent (700,000 25-pound equivalents divided by 47,879,084 25-pound 
equivalents). Any of the tomatoes failing to meet the minimum size 
requirements may be sold within the production area or shipped for 
processing. In the proposed rule, the references in this paragraph to 
25-pound equivalents were incorrectly printed in the Federal Register 
as 25,000 pound equivalents (62 FR 52048; October 6, 1997; column two; 
paragraph two; lines six and eight).
    The Committee also recommended the following new designations and 
tomato diameter size ranges:

------------------------------------------------------------------------
                                                       Inches    Inches 
                  Size designation                     minimum   maximum
                                                      diameter  diameter
------------------------------------------------------------------------
6  x  7 (Currently Medium)..........................   2\9/32\  2\19/32\
6  x  6 (Currently Large)...........................  2\17/32\  2\27/32\
5  x  6 (Currently Extra Large).....................  2\25/32\  ........
------------------------------------------------------------------------

    Prior to 1991, numeric size designations were used by Florida 
handlers and marketers from other growing areas, both domestic and 
foreign. The current standards and nomenclature size designations were 
implemented in 1991, and were designed to provide a uniform basis for 
marketing tomatoes. However, numeric size designation terminology has 
continued to be used by Florida handlers and sellers from other 
domestic and foreign growing areas in negotiating price and other terms 
of trade, and buyers in the marketplace still routinely refer to the 
size of tomatoes in a 25-pound bulk (loose pack) box by using the 6  x  
7, 6  x  6, and 5  x  6 size designations, even though the box may be 
marked Medium, Large, or Extra Large. Florida tomato handlers have 
found that the difference in terminology has hindered their 
negotiations with buyers, and adversely affected handler and producer 
returns. Handlers believe that buyers tend to discount Florida tomatoes 
because the buyers do not have confidence that the Medium, Large, and 
Extra Large designations correctly correspond with the size 
designations of 6  x  7, 6  x  6, and 5  x  6 currently used by other 
tomato growing areas.
    Florida handlers compete directly with tomatoes from Mexico. 
Mexican packers generally market their smaller sized tomatoes in 3-
layer place-packs marked 6  x  6 or 6  x  7 (each box weighs about 30 
pounds), and bulk (loose pack) boxes with the same numeric size 
designations (each box weighs about 25 pounds). The larger sizes of 
tomatoes from Mexico are generally marketed in 2-layer place-packs 
marked as 5  x  6, 5  x  5, 4  x  5, or 4  x  4, each weighing between 
21 and 24 pounds.
    Many buyers in the marketplace purchase tomatoes from both Florida 
and Mexico, depending on size availability and price, and the preferred 
language in discussing price and other terms of sale and delivery is 
numeric size or count, not nomenclature size designations. Reverting 
back to a previously used numeric system will allow Florida handlers to 
use numeric size designations that are familiar to both handlers and 
buyers of Florida tomatoes, facilitate buyer negotiations,

[[Page 141]]

and allow Florida handlers to more effectively market their crop.
    In spite of the harmonized marketing goals of 1991, each of the 
growing areas have continued to market their tomatoes a bit 
differently. The size designation change will enable the Florida tomato 
industry to better meet marketplace needs.
    This rule also increases the minimum and maximum diameter ranges of 
the three size designations. The net increase for the maximum diameters 
for the Medium (6  x  7) and Large (6 X 6) size designations will be 1/
32 inch.
    This will result in a 2/3 x 's overlap in the maximum diameters in 
these size designations to the next larger size. According to the 
Committee, this will provide a more even distribution of tomato 
shipments throughout the three size designations, which will enable 
handlers to make better decisions on which size of tomatoes to pack. 
For instance, tomatoes that measure at the very top end of the Medium 
(6  x  7) size can either be packed with Medium (6  x  7) size tomatoes 
or as a smaller tomato with Large (6  x  6) size tomatoes. The same 
increased flexibility will exist for Large (6  x  6) size tomatoes 
packed with Extra Large (5  x  6) size tomatoes. Such packing decisions 
could depend on specific buyer or market demands, on general crop size, 
and on condition of the tomatoes and prices on each day of packing.
    Currently, Florida producers are growing tomato varieties which 
tend to size larger and tend to be oblong. The new diameter size ranges 
for the three size designations also are intended to accommodate the 
sizing of these varieties of tomatoes and foster the shipment of larger 
tomatoes, which the marketplace desires.
    Due to strong consumer demand during the 1996-1997 season, 
approximately 80 percent of the Florida tomatoes sold were in the Extra 
Large (5  x  6) size designation. This rule will increase the minimum 
diameter of the Extra Large (5  x  6) size designation to 2-25/32 
inches from 2\24/32\ inches with no maximum size limit. Increasing the 
minimum diameter size of this designation by \1/32\ inch for Extra 
Large (5  x  6) size packs will reduce the number of smaller sized 
tomatoes packed in that size designation. Hence, this is expected to 
decrease size variability and improve uniformity of this premium pack. 
Thus, improvements in this size category are expected to further 
enhance consumer demand, resulting in increased returns to producers.
    Also, a study conducted by Dr. John J. VanSickle at the University 
of Florida estimates that increases in the minimum diameters for each 
size category would result in an increase in the overall prices 
received for Florida tomatoes. The study indicates that if increasing 
the size minimums shifted 1 percent of the smallest Extra Large (5  x  
6) size tomatoes into the smaller size categories, then prices for 
Extra Large (5  x  6) size would increase by .25 percent, the price of 
Large (6  x  6) size tomatoes by .15 percent, and the price of Medium 
(6  x  7) size tomatoes by .07 percent. The increase in price would 
occur because of the redistribution of larger sized tomatoes into the 
smaller size designations, which is a response to consumer demand for a 
more consistent pack and slightly larger tomatoes.
    These changes are expected to increase returns to producers by 
improving size consistency, quality, and maturity; and, thus, encourage 
repeat purchases from consumers. The new size designations will allow 
handlers to respond better to market preferences, which is expected to 
benefit producers and handlers of Florida tomatoes.
    This rule also makes conforming changes to two paragraphs in 
Sec. 966.323. The first change in Sec. 966.323 (a)(2)(iii) concerns 
container marking requirements. The references to the nomenclature 
(Medium, Large, and Extra Large) size designations are replaced with 
the new numeric size designations. The second change is in Sec. 966.323 
(d)(3) for special packed tomatoes. The reference to the 2-8/32 inch 
minimum size is replaced with the new 2-9/32 inch minimum size.
    Mexico is the largest exporter of tomatoes into the United States. 
Small quantities are imported from the Caribbean Basin. On average, 
Mexico represents over 99 percent of all tomato imports during the 
period (October 10 through June 15) when Florida and import 
requirements apply.
    Section 8e of the Act requires that when certain domestically 
produced commodities, including tomatoes, 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. The current import regulations are 
specified in 7 CFR 980.212. Similar to the order, the regulations apply 
during the period October 10 through June 15 when the Florida handling 
requirements are in effect. Because this rule increases the minimum 
size for domestic tomato shipments, this increase will be applicable to 
imported tomatoes beginning with the effective date of this rule.
    Florida tomatoes must be packed in accordance with three specified 
size designations, and tomatoes falling into different size 
designations may not be commingled in a single container. These pack 
restrictions do not apply to imported tomatoes. Because pack 
requirements do not apply, different sizes of imported tomatoes may be 
commingled in the same container.
    However, the Florida handling requirements also specify that 
tomatoes that are designated as Medium (6 X 7) size must meet a U.S. 
No. 2 grade, while the larger sizes are required to meet a U.S. No. 3 
grade. The more stringent grade requirements are applied to the Medium 
(6 X 7) size designation because of quality problems with smaller 
tomatoes.
    Similarly, current import requirements specify that all lots with a 
minimum diameter of 2-17/32 inches and larger shall meet at least a 
U.S. No. 3 grade. All other tomatoes shall meet at least a U.S. No. 2 
grade. Any lot with more than 10 percent of its tomatoes less than 2-
17/32 inches in diameter is required to grade at least U.S. No. 2. This 
rule will change these requirements to reflect the changes to the 
Florida handling requirements by requiring that all lots with a minimum 
diameter of 2-19/32 inches and larger meet at least a U.S. No. 3 grade. 
All other tomatoes will need to meet at least a U.S. No. 2 grade. Any 
lot with more than 10 percent of its tomatoes less than 2-19/32 inches 
in diameter will have to grade at least U.S. No. 2.
    These changes are expected to benefit the marketers of both Florida 
and imported tomatoes by providing consumers with better quality, 
higher maturity, and slightly larger tomatoes. Prior to the issuance of 
the proposed rule, the Department had contacted a few tomato importers 
concerning imports. The importers indicated that they are importing 
larger sizes of tomatoes. The Department believes that the increase in 
minimum size would not limit the quantity of imported tomatoes or place 
an undue burden on importers of Mexican tomatoes. The expected increase 
in customer satisfaction is expected to benefit all tomato importers 
regardless of the size of their operation or business. The size 
increase is the only requirement implemented for Florida which applies 
to imported tomatoes. The exporters and importers of foreign produced 
tomatoes will be able to continue marketing their tomatoes as they have 
in all other respects, and in meeting buyer needs.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS)

[[Page 142]]

has considered the economic impact of this action on small entities. 
Accordingly, the 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. Thus, both statutes have small 
entity orientation and compatibility. 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 65 handlers of Florida tomatoes who are 
subject to regulation under the order and approximately 75 tomato 
producers in the regulated area. In addition, at least 170 importers of 
tomatoes are subject to import regulations and will be affected by this 
rule. Small agricultural service firms have been defined by the Small 
Business Administration (SBA)(13 CFR 121.601) 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 $500,000.
    Committee data indicates that approximately 30 percent of the 
Florida handlers handle over 90 percent of the total volume of Florida 
fresh tomatoes marketed. Based on this information, shipment 
information for the 1996-97 season, and the 1996-97 season average 
price of $7.97 per 25-pound equivalent carton, the majority of handlers 
would be classified as small entities as defined by the SBA. The 
majority of producers of Florida tomatoes may be classified as small 
entities. The Department also believes that most importers may be 
classified as small entities. In the proposed rule, the reference to 
25-pound equivalent carton referred to in this paragraph was 
incorrectly printed in the Federal Register as 25,000 pound equivalent 
carton (62 FR 52049; October 6, 1997; column three; paragraph two; line 
seven).
    Under Sec. 966.52 of the Florida tomato marketing order, the 
Committee has authority to recommend increases in the minimum size 
requirement and changes in the size designations for Florida tomatoes 
grown in the defined production area and handled under the order. This 
rule, unanimously recommended by the Committee at its September 5, 
1997, meeting, will increase the minimum size, change size designations 
and corresponding diameter size ranges. As provided under section 8e of 
the Act, the increase in the minimum size diameter requirement applies 
to imported tomatoes.
    Based on analysis of markets and demands of buyers, the Committee 
recommended increasing the minimum size from 2-\8/32\ inches to 2-\9/
32\ inches in diameter and the corresponding minimum sizes for the 
other two size designations. The Committee believes these size 
increases will improve the marketing of Florida tomatoes. By increasing 
the minimum sizes, the tomatoes in each size range will be slightly 
larger and, thus, more mature when packed. This follows recent industry 
trends to ship larger and more mature tomatoes. Current trends in 
cultural practices and new commercial tomato varieties also have 
resulted in larger sized tomatoes being shipped in response to consumer 
demand for such tomatoes. Because of this demand, production of larger 
tomatoes has been a popular method of improving returns among producers 
as it also increases total yields and total pounds. While yields 
increase with larger fruit, the labor costs associated with picking 
these tomatoes remains fairly constant because producers pick 
relatively the same number of fruit.
    The change in the minimum size was recommended because demand for 
larger tomatoes has increased over the last five years. This in part is 
due to the fact that size continues to be a major influence on price. 
According to Dr. John J. VanSickle of the University of Florida, the 
percent of Extra Large (5 x 6) size tomatoes shipped from Florida has 
increased steadily from 43.2 percent of total shipments since 1992-93 
to 50 percent of total shipments in 1996-1997 for mature green 
tomatoes. Mature green tomatoes are green but are fully developed and 
will continue to ripen fully. Meanwhile, the percent of tomatoes from 
Florida marketed in the Extra Large (5 x 6) size for vine ripe tomatoes 
has increased from 66.6 percent to 79.2 percent of total shipments. 
Vine ripe tomatoes have started to break in color from green to 
tannish-yellow, pink, or red.
    The increase in the minimum size from 2-\8/32\ inches to 2-\9/32\ 
inches is not expected to affect significantly the total number of 
Florida shipments. During the 1996-1997 season, of the 47,879,084 
shipments of 25-pound equivalents, approximately 15 percent or about 
7,023,239 shipments of 25-pound equivalents from Florida were in the 
minimum size designation of Medium. The Medium size currently covers a 
range of 2-\8/32\ to 2-\17/32\ inches or a range of about \9/32\ inch. 
Increasing the minimum size to 2-\9/32\ inch removes tomatoes that 
would have met the 2-\8/32\ inch minimum size designation. Removing \1/
32\ inch from the \9/32\ inch size range decreases the size range by 
about 10 percent. If the size increase had applied during the previous 
season, shipments from that range would have been reduced by about 
700,000 25-pound equivalents. Thus, the size increase is expected to 
reduce total shipments by approximately 1.5 percent (700,000 25-pound 
equivalents divided by 47,879,084 25-pound equivalents). Because 
Florida tomatoes are sizing larger than in the past, the increase in 
size requirements is expected to have a minimal impact on total 
shipments. Also, any of these smaller tomatoes may be sold within the 
production area or shipped for processing. In the proposed rule, the 
references to 25-pound equivalents in this paragraph were incorrectly 
printed as 25,000 pound equivalents (62 FR 52050; October 6, 1997; 
column one; paragraph two; lines six and eight).
    Also, this rule changes the size designations from Medium, Large, 
and Extra Large to numeric size designations of 6 x 7, 6 x 6, and 
5 x 6. In addition, the rule slightly increases the diameter size 
ranges for these designated sizes.
    The Committee stated that, absent a change in the regulations, an 
erosion of market confidence could occur from not meeting buyer needs. 
This could result in reduced shipments and reduced producer income.
    Direct costs associated with this rule will be the purchase of new 
sizing belts. Sizing belts convey and size fruit during the packing 
process. Depending on the amount of use, sizing belts can last a season 
or may need to be replaced two to three times a season. Estimated 
prices associated with these purchases could range from $450.00 for a 
small handler to $19,000 for very large handlers. While there are 
short-term costs associated with the new sizing designations, the 
benefits are expected to outweigh the costs. Moreover, changing sizing 
belts is a routine action since they have to be regularly replaced 
depending on use.
    A study conducted by Dr. John J. VanSickle at the University of 
Florida estimates that size increases in the minimum diameters for each 
size category would result in an increase in the overall prices 
received for Florida tomatoes and better returns to producers. The 
study indicates that increasing the size minimums would shift some of 
the smallest Extra Large (5 x 6) size tomatoes into the smaller size 
categories. A shift of 1 percent into the

[[Page 143]]

smaller size categories would increase the prices for Extra Large 
(5 x 6) size tomatoes by .25 percent, the price of Large (6 x 6) size 
tomatoes by .15 percent, and the price of Medium (6 x 7) size tomatoes 
by .07 percent. The increase in price would occur in response to 
consumer demand for packs with slightly larger tomatoes. The costs to 
the industry associated with the minimum size and size designation 
changes would include purchases of new equipment and adjustments to 
operate under the new requirements. These costs are expected to be 
minimal relative to the benefits expected, and in relation to normal 
operating costs and procedures.
    The new numeric size designations should not have a negative impact 
on any handler regardless of size. This is expected to help Florida 
handlers respond to market and consumer demand for larger sized 
tomatoes. The Committee believes that these designations are the only 
practical means available to the Florida industry for identifying its 
larger sized tomatoes. The standards specify dimensions for each of the 
nomenclature designations currently used, but they are smaller than the 
Committee desires. Hence, the nomenclature designations are not as 
useful to Florida handlers as the new size designations. The new size 
designations should benefit both small and large businesses in the 
industry by helping the Florida industry more effectively satisfy buyer 
needs for larger tomatoes.
    This rule may impose some additional costs on handlers, and 
producers. However, these costs are expected to be minimal, and would 
be offset by the benefits of the final rule. This rule is expected to 
impact similarly importers of tomatoes, as far as the slight increase 
in minimum size is concerned. The Committee believes that these 
modifications will benefit consumers, producers, handlers, and 
importers. The benefits of this rule are not expected to be 
disproportionately greater or lesser for small entities than for large 
entities.
    The Committee discussed alternatives to this recommendation, 
including leaving the regulations as currently issued. All Committee 
members agreed that some change to the size designations was necessary 
to improve pack appearance and compete in the present market. The 
amount of change became the main concern, with a portion of the 
Committee favoring a larger size increase and another portion favoring 
small incremental moves over a period of time. The Committee 
recommended a compromise to allow individual packing houses leeway to 
implement the amount of change through a \2/32\ inch overlap in sizes.
    The information on imports and shipments contained in the following 
two paragraphs is from AMS Market New Branch data.
    Mexico is the largest exporter of tomatoes to the United States. 
Over the last 10 years, Mexican exports to the United States averaged 
32,527 containers of 25,000-pound equivalents per season (October 5-
July 5) and comprised about 99 percent of all imported tomatoes to the 
United States during that time. Total imports during that period 
averaged 32,752 containers of 25,000-pound equivalents (October 5-July 
5). Some of the imports from Mexico may have been transhipped to 
Canada.
    Domestic shipments for the past 10 years averaged 108,577 
containers of 25,000-pound equivalents (October 5-July 5). Florida 
shipments averaged 52,977 containers of 25,000-pound equivalents or 
approximately 48 percent of the total shipments for the same period. In 
the proposed rule, the reference to 25,000 pound equivalents in this 
paragraph was incorrectly printed as 25 pound equivalents (62 FR 52050; 
October 6, 1997; column three; paragraph one; line nineteen).
    These changes are expected to benefit the marketers of both Florida 
and imported tomatoes by providing consumers with better quality, 
higher maturity, and slightly larger tomatoes. Prior to the issuance of 
the proposed rule, the Department had contacted a few tomato importers 
concerning imports. The importers indicated that they were importing 
larger sizes of tomatoes. The Department believes that the size 
increase would not limit the quantity of imported tomatoes or place an 
undue burden on importers of Mexican tomatoes. The improvement in 
customer satisfaction is expected to benefit all tomato importers 
regardless of size.
    This action will not impose any additional reporting or record 
keeping requirements on either small or large handlers. As with all 
Federal marketing order programs, reports and forms are reviewed 
periodically to reduce information requirements and duplication by 
industry and public sector agencies.
    As noted in the initial regulatory flexibility analysis, the 
Department has not identified any relevant Federal rules that 
duplicate, overlap, or conflict with this final rule.
    In addition, the Committee's September 5, 1997, meeting was 
publicized widely throughout the Florida tomato industry and all 
interested persons were invited to attend the meeting and participate 
in Committee deliberations on all issues. The Committee also discussed 
these issues in May of 1997 and buyers and sellers of Florida tomatoes 
were in attendance. Like all Committee meetings, the May and September 
5, 1997, meetings were public meetings and all entities, both large and 
small, were able to express views on this issue. Finally, interested 
persons were invited to submit information on the regulatory and 
informational impacts of this action on small businesses. No such 
comments were received.
    The proposed rule regarding this action was published in the 
Federal Register on October 6, 1997 (62 FR 52047). Interested persons 
were invited to submit written comments until October 16, 1997. Copies 
of the proposed rule were faxed and mailed to all known interested 
parties. Also, the rule was made available through the Internet by the 
Office of the Federal Register.
    A notice reopening the comment period until November 5, 1997, was 
published in the October 22, 1997, issue of the Federal Register (62 FR 
54809).
    A total of 24 comments were received. Of this total, two comments 
requested that the original comment period for the proposed rule be 
reopened.
    Seven favorable comments were received. Two of these comments were 
from a voluntary agricultural cooperative association of Florida tomato 
producers representing about 90 percent of the total volume of tomatoes 
produced under the marketing order each year. Individual comments also 
were received from an agricultural trade organization representing 
growers and handlers of commercial varieties of tomatoes throughout the 
State; and an association representing about 220 tomato and other 
winter vegetable growers and agricultural suppliers in the State of 
Florida. Two favorable comments were submitted by the Committee. One of 
the two Committee comments reaffirmed the need for the proposed 
changes, and pointed out several typographical errors in the 
supplementary information section of the proposed rule that needed 
correction. The corrections have been made in the final rule. The 
second Committee comment, in addition to reaffirming the need for the 
proposed changes, commented on assertions made by two opponents and a 
comment requesting more time to comment. In its second comment, the 
Committee contended that the claims of the opponents and the request 
for more time to comment did not have merit. A

[[Page 144]]

comment was received from The Commissioner of the Florida Department of 
Agriculture and Consumer Services which supported the proposed changes 
and requested that the typographical errors pointed out by the 
Committee be corrected.
    Fifteen opposition comments were received. These comments were from 
a trade association representing over 100 distributors, shippers, 
brokers and affiliated companies which are directly involved with the 
receipt, handling, and sale of perishable agricultural commodities 
grown in Mexico; growers and shippers of Mexican tomatoes; firms 
involved in the distribution and shipment of Mexican tomatoes; and a 
customs broker. Other opposition commenters included a grower, handler, 
and shipper of domestic and imported tomatoes, a national confederation 
of Mexican vegetable growers, and a law firm representing a 
confederation of Mexican producers and packers (its members account for 
the majority of tomatoes imported into the United States from Mexico).
    Most of the opposition comments expressed support for the efforts 
of the Florida Tomato Committee to improve quality in U.S. markets. 
These commenters indicated that they opposed the proposed rule unless 
certain modifications were made. While they were opposed to those parts 
of the proposal concerning size designations, they requested inclusion 
of a 60-day period from publication of the final rule to its effective 
date for the changes to the minimum size requirements.
    All of the negative comments opposed the use of the proposed new 
numeric size designations. The commenters indicated that the new size 
designations are different than size designations used in the industry. 
Several commenters stated that Mexico generally ships its larger 
tomatoes in place packs and that the boxes are marked with 5 x 5, 
5 x 4, 4 x 4, or 3 x 4 size designations, while the largest size 
designation proposed for Florida tomatoes was 5 x 6 with a minimum 
diameter of 2 \25/32\ inch and no maximum diameter. The commenters 
believed this would lead to confusion in the marketplace.
    A comment from a grower, handler, and shipper of domestic and 
imported tomatoes objected to the use of numeric size designations in 
shipping tomatoes in 25-pound bulk packs. The commenter believed that 
nomenclature designations (i.e., Medium, Large, and Extra Large), 
should be used for bulk packages as defined in the current standards. 
The commenter indicated that numeric designations were more appropriate 
for place-packed tomatoes.
    Several of the opposing commenters explained that handlers and 
repackers of imported tomatoes use numeric terms like 6 x 7, 6 x 6, 
5 x 6, 5 x 5, 4 x 5, 4 x 4, and 3 x 4 to describe the configuration 
(rows) of place-packed tomatoes in the boxes used. A box of 6 x 6 
tomatoes includes 36 tomatoes in each layer, while a box of 4 x  's 
includes 16 tomatoes in each layer. There are slight size variations to 
assure a tight fit.
    According to two of the opposing commenters, about 62.4 percent of 
Mexican place-packed tomatoes shipped this past season were larger than 
the largest Florida proposed size diameter; i.e., larger than 2 \25/32\ 
inch minimum diameter. The commenters further contended that if the 
proposal is implemented, Mexican growers will be forced to label their 
larger tomato packs with a 5 6 size designation in addition to their 
own designations; i.e., 3 x 4, 4 x 4, 4 x 5, and 5 x 5.
    The commenters stated that such dual markings would be needed to 
distinguish Mexico's premium packs from Florida's proposed 5 x 6 pack. 
The commenters contended that these markings will confuse customers and 
will dilute the value Mexican growers receive currently for their 
largest sizes.
    The Department has thoroughly analyzed all of these comments in the 
context of how tomatoes are marketed in the United States. Most 
tomatoes from Florida are marketed as mature greens in 25-pound bulk 
(loose pack) boxes. Florida handlers negotiate price and other terms of 
sale and delivery using both nomenclature size designations (Medium, 
Large, and Extra Large) and numeric size designations. Many buyers in 
the marketplace still routinely refer to the size in a 25-pound bulk 
(loose pack) box of tomatoes by using 5 x 6, 6 x 6, and 6 x 7 
designations. Even when the boxes are marked with the Medium, Large, or 
Extra Large size designations, buyers frequently use the numeric size 
information in negotiating the purchase of tomatoes. The proposed 
numeric size designations will allow the Florida industry to adopt 
trading terminology that is in general use by handlers and buyers of 
Florida tomatoes.
    Some mature green tomatoes are shipped out of Mexico, but most of 
the shipments are vine ripe tomatoes. Mexican packers generally market 
smaller sized tomatoes in 3-layer place-packs marked 6 x 6 or 6 x 7 in 
boxes weighing about 30 pounds. The larger sizes of tomatoes from 
Mexico generally are marketed in 2-layer place-packs marked as 5 x 6, 
5 x 5, 4 x 5, and 4 x 4, weighing between 21 and 24 pounds. Some 
Mexican packers use the Medium, Large, and Extra Large size 
designations in describing the size of the tomatoes in bulk boxes, 
while others use numeric size designations for both packs. Buyers in 
the marketplace understand these marketing practices, and use this 
information in making their purchase decisions.
    Many buyers in the marketplace purchase tomatoes from both Florida 
and Mexico to meet their needs depending on size availability and 
price. These buyers customarily use numeric size designations in making 
their purchase decisions.
    Thus, the Department believes that the buyers of Florida and 
Mexican tomatoes understand the differences in tomato size designations 
between shipments from Florida and Mexico, and that the proposed 
designations should not result in marketplace confusion or problems 
with market pricing.
    The different tomato growing areas have been marketing their 
tomatoes in the way they believe helps them best market their product. 
These differing marketing schemes are not harmonized even within a 
particular growing area. The proposed numeric size designations are 
defined in terms of specific minimum and maximum diameter ranges and 
should not result in marketplace confusion. Further, the new numeric 
size designations do not have to be adopted by importers of Mexican 
tomatoes. These importers can continue to use whatever size designation 
markings they believe are needed to help them more effectively compete 
in the marketplace. Any such markings should be consistent with 
applicable laws or regulations including those that apply to accuracy 
in description of product.
    Also, the proposed numeric size designations do not affect packers 
or repackers of imported tomatoes. Packers and repackers of imported 
tomatoes are free to market their tomatoes as they may believe 
appropriate, to segregate their larger-sized tomatoes into as many 
subsizes as they desire to satisfy their customers, and to 
differentiate their sizes from Florida packs as they do now. Again, 
such markings of tomatoes should be consistent with applicable laws and 
regulations.
    Commenters also stated that, if packers in Mexico or packers in 
wholesale markets wished to place-pack tomatoes according to the 
traditional place-pack-count designations using the proposed size 
ranges, the tomatoes would be too large to fit into the boxes currently 
used. The commenters asserted that as a result, new boxes would need to 
be designed for place-packed tomatoes if other segments of the

[[Page 145]]

industry wished to harmonize with the new Florida sizes.
    This action increases the minimum diameter for each of the size 
designations by only \1/32\ of an inch and continues the 10 percent 
tolerance for undersize and oversize tomatoes. Given the diameter range 
of sizes allowable in each specific size designation (i.e., 6 x 7, 
6 x 6, 5 x 6), packers and repackers of tomatoes should not have any 
problems packing tomatoes in the box sizes currently used.
    Some commenters also contended that the proposed \2/32\ inch 
overlap between sizes (currently \1/32\ inch) will allow Florida 
handlers to pack smaller-sized tomatoes in the next bigger size 
designation in search of a better market price. The Committee 
recommended increases in the minimum and maximum diameters for each of 
the three recommended size designations. For the 6 X 7 (currently 
Medium) size, the minimum diameter was increased from 2 \8/32\ to 2 \9/
32\ inches, and the maximum diameter was increased from 2 \17/32\ to 2 
\19/32\ inches; for the 6 x 6 (currently Large) size, the minimum 
diameter was increased from 2 \16/32\ to 2 \17/32\ inches, and the 
maximum diameter was increased from 2 \25/32\ to 2 \27/32\ inches; and 
for the 5 x 6 (currently Extra Large) size, the minimum diameter was 
increased from 2 \24/32\ to 2 \25/32\ inches, with no maximum diameter 
specified. These changes and the \2/32\'s inch overlap are intended to 
facilitate the placement of slightly larger tomatoes into the next 
smaller-size designation, and the placement of slightly larger sizes 
into the next bigger-size designation.
    As indicated earlier, the Committee believes that the \2/32\ inch 
overlap will provide a more even distribution of tomato shipments 
throughout the three size designations, and that this will enable 
handlers to make better decisions on which size of tomatoes to pack. 
For instance, tomatoes at the high end of the Medium (6 x 7) size can 
either be packed with Medium (6 x 7) sized tomatoes or with Large 
(6 x 6) sized tomatoes. The same increased flexibility would exist for 
tomatoes packed at the high end of the Large (6 x 6) size. Such 
tomatoes could be packed as Large (6 x 6) sized or packed as Extra 
Large (5 x 6) sized tomatoes. The end result, however, should be 
slightly larger tomatoes in each of the size categories.
    Another commenter contended that a proposed numeric size 
designation means nothing when tomatoes are ``loose packed;'' i.e., in 
25-pound bulk boxes. This is not correct. Under the proposal, minimum 
and maximum diameters for each numeric size designation are specified 
and thus, apply to volume filled or ``loose packed'' tomatoes. The 
diameter ranges provide handlers with flexibility to meet the needs of 
each of their buyers.
    One of the opposing commenters suggested that if Florida wished to 
use non-standard size designations and size dimensions (i.e., 
designations and dimensions different than those specified in the U.S. 
standards) for tomatoes, it should use other descriptive terms like 
Regular, Jumbo, and Colossal to replace Medium, Large, and Extra Large. 
While alternative size designations were considered, the Committee's 
best possible recommendation was to adopt the proposed numeric system. 
In discussing this issue, the Committee was of the view that this 
change to the size designations was necessary to improve pack 
appearance and compete in the present marketplace.
    Two opposition commenters complained about the lack of time 
provided to the Mexican industry to examine the packing and marketing 
effects of the proposed size increase. They indicated that if the new 
sizes no longer fit in the boxes used for place packing tomatoes, 
Mexican growers will be forced to incur very large expenses. These 
expenses will be both from the loss of existing inventory of boxes and 
from having to invest in all new boxes. The commenters further stated 
that, over the past several years, the industry largely has succeeded 
in standardizing the size of boxes to best fit them on pallets. 
According to the commenters, increasing the size of the boxes would 
undermine this effort, resulting in lost space on every pallet and 
increased transportation costs for every grower. As explained earlier, 
Mexican packers market a vast array of pack sizes in several different 
boxes with different net weights. Hence, the \1/32\ inch increase in 
the minimum size requirement is not expected to require new boxes for 
place packing.
    Although the changes to the size designations for Florida tomatoes 
will not apply to imported tomatoes, the following is intended to 
clarify how the new requirements might be used by Florida handlers. 
Under the proposal, each of the minimum diameters for each size 
designation are increased by only \1/32\ inch and the maximum diameters 
for each size designation are increased by only \2/32\ inch. Thus, it 
appears that there is enough flexibility within each size designation 
to avoid the need for changing boxes. For example, if a buyer desires a 
certain number of tomatoes in each 25-pound box, the diameter size 
ranges within each of the numeric sizes are broad enough so that the 
handler could meet that buyer's needs. Moreover, the current tolerance 
of 10 percent for offsize within each size designation will continue in 
effect and provide handlers additional flexibility in meeting buyer 
needs, and in avoiding the need for new boxes.
    Two commenters objected to the \1/32\ inch size increase because 
Mexican growers and handlers will have to change their sizing belts and 
incur an unanticipated expense for new belts. Florida growers and 
handlers also will incur such costs. However, the Florida industry 
believes that the expected improvement in quality in the marketplace 
will result in benefits far in excess of the costs for new sizing 
belts. Moreover, changing sizing belts is a routine action since they 
have to be replaced on a regular basis depending on the amount of 
usage. Obviously, the sizing belts last longer with limited use.
    Only the minimum size requirement will apply to importers of 
Mexican tomatoes. Thus, the packers of imported tomatoes only will need 
to buy enough sizing belts to ensure that their tomatoes meet the 
minimum size and not the ranges specified in the Florida size 
designations. The Department understands that, in most cases, this will 
require only one belt per packing line to be purchased.
    One commenter also requested that an additional 60 days be added to 
the comment period to allow the parties most affected by the rule to 
comment completely on the impact it will have. A total of 30 days has 
been provided. The Department believes that there has been sufficient 
time to comment, especially in view of the positions and views 
discussed in the comments received, whether in favor or opposed to the 
proposed rule.
    The Committee made its recommendations for change at a meeting held 
on September 5, 1997. These changes were unanimously recommended. As 
stated earlier, the proposed size rule appeared in the Federal Register 
on October 6, 1997, with a comment period ending on October 16, 1997. 
Two comments were received requesting that the original comment period 
for the proposed rule be reopened. They were of the view that more time 
was needed to review and analyze the proposed changes and also raised 
NAFTA concerns. The Department did extend the comment period to 
November 5, 1997, in accordance with NAFTA and to allow more time for 
review and evaluation.
    Many commenters also requested a 60-day delay in the effective date 
of the import regulation change to allow

[[Page 146]]

adequate time for all foreign producers and handlers of foreign 
tomatoes to comply with the minimum size increase. One commenter 
requested that Mexican growers be given until the beginning of the 
1998-99 season to comply if the minimum sizes are changed. The 
Department has carefully reviewed this issue.
    While both Florida tomato handlers and importers will need time to 
order new sizing belts and adjust their equipment to meet the increased 
minimum size requirements, we understand that many of the Florida 
handlers are or will be ready to comply with the increased minimum size 
requirement. However, we further understand that many of the packers of 
Mexican tomatoes may need more time to comply with the size 
requirement. Most of the opposition comments requested an additional 60 
days after the publication of the final rule to comply with the minimum 
size requirement.
    The Department has decided to provide sufficient time for the 
Florida and import tomato industries to comply with the minimum size 
requirements. While a 60-day period would not be reasonable for the 
domestic industry especially since the Florida shipping season is 
already underway, a 30-day effective date from publication of the final 
rule is reasonable and consistent with the provisions of the Act. A 30-
day period will allow both the domestic and imported tomato industries 
sufficient time to purchase sizing belts and also ship commodity that 
is already picked and packed.
    The Department has contacted the three belt manufacturers to 
determine belt availability and delivery schedules. Based on this 
information, the Department has decided to postpone the effective date 
of this action to give Florida tomato handlers and Mexican tomato 
packers additional time to obtain sizing belts. The effective date is 
February 4, 1998.
    In view of all the foregoing, the Department has concluded that the 
changes as proposed will advance the interests of the Florida, other 
domestic, and foreign tomato industries and should be implemented.
    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, the comments received, 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 Parts 966 and 980

    Marketing agreements, Reporting and record keeping requirements, 
Tomatoes.

    For the reasons set forth in the preamble, 7 CFR parts 966 and 980 
are amended as follows:

PART 966--TOMATOES GROWN IN FLORIDA

    1. The authority citation for 7 CFR part 966 continues to read as 
follows:

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

    2. Section 966.323 is amended by revising paragraphs 
(a)(1),(a)(2)(i) and the table immediately following it, (a)(2)(iii), 
and (d)(3) to read as follows:


Sec. 966.323  Handling regulation.

* * * * *
    (a) Grade, size, container, and inspection requirements. (1) Grade. 
Tomatoes shall be graded and meet the requirements specified for U.S. 
No. 1, U.S. Combination, U.S. No. 2, or U.S. No. 3, of the U.S. 
Standards for Grades of Fresh Tomatoes, except that all shipments of 6 
x  7 size tomatoes must grade U.S. No. 2 or better. When not more than 
15 percent of the tomatoes in any lot fail to meet the requirements of 
U.S. No. 1 grade and not more than one-third of this 15 percent (or 5 
percent) are comprised of defects causing very serious damage including 
not more than 1 percent of tomatoes which are soft or affected by 
decay, such tomatoes may be shipped and designated as at least 85 
percent U.S. No. 1 grade.
    (2) Size. (i) All tomatoes packed by a registered handler shall be 
at least 2\9/32\ inches in diameter and shall be sized with proper 
equipment in one or more of the following ranges of diameters. Tomatoes 
shipped outside the regulated area shall also be sized with proper 
equipment in one or more of the following ranges of diameters. 
Measurements of diameters shall be in accordance with the methods 
prescribed in Sec. 51.1859 of the U.S. Standards for Grades of Fresh 
Tomatoes.

------------------------------------------------------------------------
                                                       Inches    Inches 
                  Size designation                     minimum   maximum
                                                      diameter  diameter
------------------------------------------------------------------------
6 X 7...............................................   2\9/32\  2\19/32\
6 X 6...............................................  2\17/32\  2\27/32\
5 X 6...............................................  2\25/32\          
------------------------------------------------------------------------

* * * * *
    (iii) Only 6  x  7, 6  x  6, or 5  x  6, may be used to indicate 
the above listed size designations or containers of tomatoes.
* * * * *
    (d) * * *
    (3) For special packed tomatoes. Tomatoes which met the inspection 
requirements of paragraph (a)(4) of this section which are resorted, 
regraded, and repacked by a handler who has been designated as a 
``Certified Tomato Repacker'' by the committee are exempt from:
    (i) The tomato grade classifications of paragraph (a)(1) of this 
section;
    (ii) The size classifications of paragraph (a)(2) of this section, 
except that the tomatoes shall be at least 2-9/32 inches in diameter; 
and
    (iii) The container weight requirements of paragraph (a)(3) of this 
section.
* * * * *

PART 980--VEGETABLES; IMPORT REGULATIONS

    3. Section 980.212 is amended by revising paragraph (b)(1) to read 
as follows:


Sec. 980.212  Import regulations; tomatoes.

* * * * *
    (b) * * *
    (1) From October 10 through June 15 of each season, tomatoes 
offered for importation shall be at least 2-9/32 inches in diameter. 
Not more than 10 percent, by count, in any lot may be smaller than the 
minimum specified diameter. All lots with a minimum diameter of 2\19/
32\ inches and larger shall be at least U.S. No. 3 grade. All other 
tomatoes shall be at least U.S. No. 2 grade. Any lot with more than 10 
percent of its tomatoes less than 2\19/32\ inches in diameter shall 
grade at least U.S. No. 2.
* * * * *

    Dated: December 30, 1997.
Sharon Bomer Lauritsen,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 97-34231 Filed 12-31-97; 8:45 am]
BILLING CODE 3410-02-P