[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Proposed Rules]
[Pages 54740-54744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22147]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / 
Proposed Rules

[[Page 54740]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 915

[Docket No. AMS-FV-08-0022; FV08-915-1 PR]


Avocados Grown in South Florida; Revisions to Grade and Container 
Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This rule invites comments on changes to the grade and 
container requirements currently prescribed under the marketing order 
for avocados grown in South Florida (order). The order regulates the 
handling of avocados grown in South Florida and is administered locally 
by the Avocado Administrative Committee (Committee). This change would 
establish a minimum grade of a U.S. No. 2 for shipments within the 
production area, requiring these shipments to meet the same grade as 
currently prescribed for shipments leaving the production area. This 
rule would also make changes to the container and container marking 
requirements under the order. These changes would provide a grade and 
pack to meet consumer demand and would improve the identification and 
traceability of avocado shipments.

DATES: Comments must be received by October 8, 2008.

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

FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing 
Specialist, or Christian D. 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: <a href="/cdn-cgi/l/email-protection#194e707575707874374970747c776d7875596c6a7d78377e766f"><span class="__cf_email__" data-cfemail="bbecd2d7d7d2dad695ebd2d6ded5cfdad7fbcec8dfda95dcd4cd">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#da99b2a8b3a9aeb3bbb4f494b3a9a9bfb49aafa9bebbf4bdb5ac"><span class="__cf_email__" data-cfemail="06456e746f75726f676828486f75756368467375626728616970">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#aee4cfd780e9dbcbdccccbdceedbddcacf80c9c1d8"><span class="__cf_email__" data-cfemail="86cce7ffa8c1f3e3f4e4e3f4c6f3f5e2e7a8e1e9f0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Order No. 915, as amended (7 CFR part 915), regulating the handling of 
avocados grown in South Florida, hereinafter referred to as the 
``order.'' The order is effective under the Agricultural Marketing 
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter 
referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This proposal will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. 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.
    This proposal invites comments on changes to the grade and 
container requirements currently prescribed under the order. This rule 
would establish a minimum grade of a U.S. No. 2 for shipments within 
the production area, requiring these shipments to meet the same grade 
as currently prescribed for shipments leaving the production area. This 
rule would also make changes to the container and container marking 
requirements established under the order. These changes would provide a 
grade and pack to meet consumer demand and would improve the 
identification and traceability of avocado shipments. These changes 
were unanimously recommended by the Committee during a number of 
meetings over the past several months.
    Section 915.51 of the order provides, in part, the authority to 
issue regulations establishing specific grade and container 
requirements for avocados. Section 915.52 of the order provides the 
authority for the modification, suspension or termination of 
established regulations. The requisite grade and container requirements 
are specified under Sec. Sec.  915.305 and 915.306. These sections 
specify, in part, the grade, container, and container marking 
requirements for fresh shipments of avocados grown in South Florida.
    Standard containers refer to those containers specifically 
authorized in Sec.  915.305(a), which can be used for shipments both 
inside and outside of the production area. Nonstandard containers refer 
to containers other than those authorized in Sec.  915.305(a), and can 
only be used when shipping avocados within the production area.
    This rule would make several changes to the grade and container 
provisions established under the order. This rule would establish a 
minimum grade of a U.S. No. 2 for all avocados sold within the 
production area. It would also require that all nonstandard containers 
used for shipments within the production area be one bushel in size and 
that these containers be marked with the registered handler number or 
the name and address of the handler.

[[Page 54741]]

This rule would also require that all avocados sold be packed in new 
containers and that the containers be marked with the grade packed.
    The first change would establish a minimum grade of a U.S. No. 2 
for all avocados sold within the production area. Currently, only 
avocados handled in standard containers must meet the grade requirement 
of a U.S. No. 2. Avocados sold within the production area in 
nonstandard containers are not required to meet a minimum grade. This 
rule would modify Sec.  915.306 so that all avocados sold to the fresh 
market in the production area, regardless of what type of container, 
must meet the minimum grade requirement of a U.S. No. 2.
    In 1992, Hurricane Andrew decimated the Florida avocado production 
area leaving both avocados and containers in short supply. The industry 
recommended that the grade requirement be suspended for avocados sold 
within the production area in containers other than the standard 
containers defined in Sec.  915.305. This change made more fruit 
available for shipment and allowed handlers to pack fruit in any 
obtainable container for shipment within the production area.
    The industry has since recovered from the devastation caused by the 
hurricane. Production for the 2007-08 season was approximately 1.1 
million bushels of avocados, nearly matching the level of production 
prior to Hurricane Andrew. However, since the grade change made 
following the hurricane, avocados shipped within the production area in 
nonstandard containers have not had to meet any specific grade 
requirements.
    At the time of Hurricane Andrew, avocado shipments to production 
area markets accounted for around 12 percent of total shipments. Since 
that time, shipments to the production area have nearly doubled. For 
the last five seasons, shipments to the production area have accounted 
for around 23 percent of total shipments, making the production area 
one of the largest markets for Florida avocados.
    In discussing this issue, Committee members stated that the absence 
of a grade requirement has resulted in poor quality avocados being 
offered for sale inside the production area. The past few seasons, the 
Committee office and members of the industry have been receiving an 
increasing number of negative comments regarding the quality of fruit 
sold in the production area. These comments indicate there is an 
increasing demand for higher quality fruit within the production area.
    Production area produce buyers and brokers are looking for higher 
quality fruit to meet the demands of production area consumers. 
However, buyers have expressed that without a minimum grade requirement 
it is difficult to know the quality of the avocados being purchased. 
The level of quality received varies between good and poor quality. In 
an effort to address this issue, several handlers have already begun 
packing to meet a U.S. No. 2 for all their production area shipments. 
Still, absent a minimum grade requirement, avocados that would not meet 
a U.S. No. 2 are still making it to production area fresh market 
channels.
    The Committee believes these poor quality avocados have depressed 
prices for better quality avocados and resulted in lower overall 
returns to producers. Poor quality fruit normally returns the lowest 
price when compared to quality fruit. Because there is no minimum grade 
requirement for nonstandard containers, buyers are often unsure of the 
level of quality they are purchasing. This tends to drive the price 
offered towards the lowest level for all avocados. Further, when a 
consumer purchases a poor piece of fruit, it can affect repurchases, 
reducing demand. Reduced demand also has a negative effect on price.
    The Committee believes eliminating lower grade avocados from the 
marketplace would address consumer demand, and would help ensure the 
industry is providing all their customers with a quality product. This 
would encourage repeat purchases, which would help increase returns to 
producers and handlers. The Committee agreed this change would 
strengthen market conditions for shipments within the production area. 
Therefore, the Committee recommended establishing a minimum grade of a 
U.S. No. 2 for all avocados sold to markets within the production area.
    This rule would also make changes to the container marking 
requirements established under the order. Currently, the only container 
marking requirement for nonstandard containers is that the containers 
be marked with a Federal State Inspection Service (FSIS) lot stamp 
number, which is applied to an adhesive tape seal affixed to the 
container. While the lot stamp indicates the date the product was 
inspected, it does not provide any information that would identify the 
handler. Some handlers pay to have the adhesive tape seal preprinted 
with their registered handler number, and this number can be used to 
identify the handler. However, this is not the case for all handlers.
    The Committee is concerned that the use of containers with no 
identifying markings poses problems with the positive identification 
and traceability of avocados. Such containers are almost impossible to 
trace back to the original handler. In cases such as marketing order 
compliance, it is important to be able to identify the source of 
avocados which are found to be in violation of order requirements. 
Committee members agreed that the ability to positively identify 
product and trace its origin is a necessity in today's marketplace. 
Proper handler identification on a container is an important part of 
this traceability.
    In discussing this issue, the Committee agreed that an adhesive 
tape seal that is pre-printed with the registered handler number is 
sufficient to indicate the identity of the handler and to provide trace 
back. In cases where the tape seal is not printed with a registered 
handler number, the Committee concurred that the name and address of 
the handler should appear on the container. The Committee believes 
requiring all containers handled within the production area to be 
marked with a registered handler number or the name and address of the 
handler would improve the identification and traceability of Florida 
avocados.
    The Committee also recommended that all nonstandard containers be 
marked with the grade packed. Currently, only standard containers are 
required to be marked with the grade and only from the first Monday 
after July 15 until the first Monday after January 1. In its discussion 
of this change, the Committee agreed that for nonstandard containers 
the grade should be marked in letters at least 3 inches in height, 
rather than match the 1-inch requirement for standard containers. 
Nonstandard containers tend to be oversized, and as such, Committee 
members believe the grade markings need to be in larger letters, which 
would be more in scale with the larger containers. Also, in the 
production area, avocados are often displayed in the container in which 
they were packed. Having recommended that all avocados packed be 
required to meet a U.S. No. 2 to address the concerns of their 
customers, Committee members thought it was important that the grade be 
clearly displayed on the container.
    Further, the Committee also agreed it was important to have the 
grade marked on all containers throughout the season. Therefore, the 
Committee recommended that the language in the rules and regulations 
stating that the grade only needs to appear on standard containers from 
the first Monday after July 15 until the first Monday after January 1 
be removed, and that the grade packed be required to appear on all 
standard and

[[Page 54742]]

nonstandard containers for the entire shipping season.
    This rule would also make two changes to the container requirements 
specified under Sec.  915.305. Currently, there are no specific 
container requirements for weight and dimension for nonstandard 
containers, except that handlers are prohibited from using 20 bushel 
plastic field bins to ship avocados to markets inside the production 
area. As such, many different containers have been used for shipments 
within the production area. However, the vast majority of nonstandard 
containers used in the production area are new one bushel containers or 
used one bushel containers that were previously packed with bananas.
    The use of used banana boxes for shipping avocados within the 
production area increased dramatically following Hurricane Andrew, when 
containers were in short supply. Now, with many of the avocados sold in 
the production area displayed in the container in which they were 
packed, the Committee is concerned that the practice of packing in used 
containers has had a negative effect on the sale of production area 
avocados. These containers often have marks and stains from their 
previous use, and can be in poor condition. The Committee is concerned 
that the condition of the boxes is affecting the perception of the 
avocados packed inside.
    With production area shipments accounting for 23 percent of total 
shipments, the Committee believes it is important to provide production 
area markets with a quality pack. The Committee believes requiring 
avocados to be packed in new containers would be more sanitary, would 
improve the appearance of the overall pack, and could increase sales. 
Consequently, the Committee recommended that all containers used to 
pack avocados be required to be new.
    The other container change the Committee recommended was that all 
nonstandard containers be required to be one bushel containers. Most 
nonstandard containers in use are used banana boxes or new containers 
with dimensions similar to banana boxes. These containers hold 
approximately one bushel of avocados, which the industry has found to 
be a useful size for shipments within the production area. Rather than 
permitting the use of any size container within the production area, 
the Committee believes requiring the use of a one bushel container 
would provide some additional uniformity to the pack.
    With many handlers already utilizing the one bushel container for 
production area shipments, this sized container is readily available 
throughout the production area. Also, because all containers to be used 
would be required to be new, and handlers would be purchasing 
containers, the Committee believes this is a good time to establish 
requirements for nonstandard containers. Requiring all nonstandard 
containers to be one bushel would provide for a uniform pack that is 
attractive to the consumer. Therefore, the Committee recommended that 
one bushel containers be used for all shipments within the production 
area.
    These changes to the grade and container requirements would improve 
the overall quality and pack, which would meet the demands of 
production area customers. Responding to market preferences is expected 
to benefit producers and handlers of Florida avocados. Further, 
requiring container marking requirements would improve the 
identification and traceability of production area avocados. 
Consequently, the Committee recommended the above changes to the rules 
and regulations under the order.
    This rule would also make a minor correction to Sec.  915.306 
(a)(1). This change would remove language which only pertains to the 
period November 2, 1992, through March 31, 1993. This language is 
obsolete, and as such is no longer necessary.
    Section 8e of the Act provides that when certain domestically 
produced commodities, including avocados, are regulated under a Federal 
marketing order, imports of that commodity must meet the same or 
comparable grade, size, quality, and maturity requirements. This rule 
would not change the minimum grade of a U.S. No. 2 established for 
avocados shipped outside the production area or the maturity 
requirements established under the order. This rule would just require 
all avocados shipped within the production area to meet the same 
minimum grade of a U.S. No. 2, and would change the container 
requirements under the domestic handling regulation. Consequently, no 
corresponding changes to the import regulations would be required.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this action on small entities. Accordingly, AMS has 
prepared this initial regulatory flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 35 handlers of Florida avocados subject to 
regulation under the order and approximately 300 producers of avocados 
in the production area. Small agricultural service firms, which include 
avocado handlers, are defined by the Small Business Administration 
(SBA) as those whose annual receipts are less than $6,500,000, and 
small agricultural producers are defined as those having annual 
receipts of less than $750,000 (13 CFR 121.201).
    According to Committee data, the average price for Florida avocados 
during the 2007-08 season was around $12.00 per 55-pound bushel 
container, and total shipments were near 1.1 million 55-pound bushels. 
Using the average price and shipment information provided by the 
Committee, the majority of avocado handlers could be considered small 
businesses under SBA's definition. In addition, based on avocado 
production, producer prices, and the total number of Florida avocado 
producers, the average annual producer revenue is less than $750,000. 
Consequently, the majority of avocado handlers and producers may be 
classified as small entities.
    This proposal would revise the grade and container requirements 
currently prescribed under the order. This rule would establish a 
minimum grade of a U.S. No. 2 for shipments within the production area, 
requiring these shipments to meet the same grade as currently 
prescribed for shipments leaving the production area. It would also 
require that all nonstandard containers used for shipments within the 
production area one bushel in size and that these containers be marked 
with the registered handler number or the name and address of the 
handler. This rule would also require that all avocados sold be packed 
in new containers and that the containers be marked with the grade 
packed. These changes would provide a grade and pack to meet consumer 
demand, which would increase producer returns. This rule would also 
improve the identification and traceability of production area 
avocados. This rule would revise Sec. Sec.  915.305 and 915.306, which 
specify the requisite grade and container requirements. Authority for

[[Page 54743]]

these actions is provided in Sec. Sec.  915.51 and 915.52 of the order. 
These changes were unanimously recommended by the Committee during a 
number of meetings over the past several months.
    This rule could result in some additional costs. These potential 
costs would stem primarily from the application of the minimum grade to 
nonstandard containers, the new container marking requirements, and the 
requirement that all containers packed be new containers.
    The grade requirement for nonstandard containers could result in 
the loss of some sales, as handlers would no longer be able to sell 
fruit not meeting a U.S. No. 2 inside the production area. However, 
these losses are expected to be minimal. Several handlers have already 
started packing their nonstandard containers to meet a U.S. No. 2 in 
response to consumer demand. Further, the volume of fruit failing to 
meet a U.S. No. 2 represents only a small percentage of production area 
shipments. The Committee estimates lower grade avocados account for 
only around 6 percent of production area shipments. Last year, the 
industry shipped nearly 264,000 55-pound containers to production area 
markets. Using these numbers, lower grade avocados accounted for only 
15,840 of the containers shipped to the production area last year, or 1 
percent of total industry shipments. Consequently, this rule is not 
expected to appreciably impact the total number of shipments.
    Further, the grade change is not expected to result in perceptibly 
higher inspection costs. Currently, all avocados shipped in the 
production area must meet maturity requirements regardless of the 
container in which they are packed. Consequently, all avocados are 
already inspected, so any increase in inspection costs would be 
minimal.
    The costs associated with the recommended changes in marking 
requirements are also expected to be nominal. Larger operations use 
automated stamping, and already print necessary information on standard 
containers. A small reconfiguration would allow them to meet this 
requirement. Some operations order their containers preprinted with the 
needed information. As this rule would require the use of new 
containers, handlers would be purchasing containers. The added cost of 
the additional marking requirements for preprinted containers should be 
minor. Smaller operations stamp the containers by hand. These 
operations would be able to meet the new requirements with a one-time 
purchase of a grade stamp and a name and address stamp.
    This rule could also result in a slight increase in cost for 
handlers that were using used containers. However, Committee members 
stated that plain, one bushel containers are readily available on the 
market at reasonable prices. Also, dealers collect and sell the used 
containers, so used containers are not cost free. Further, the 
available quantities of used containers are not sufficient to handle 
all production area shipments, so many new nonstandard containers are 
already being purchased. Consequently, the cost associated with this 
change should also be minimal.
    While this rule could result in some additional costs, the proposed 
changes are expected to have a positive effect in the marketplace. The 
production area is an important market for the industry, accounting for 
nearly 23 percent of shipments for the last five seasons. The 
availability of poor quality avocados has had a price depressing effect 
on the market. Without change, there could be a continued erosion of 
market confidence and producer returns.
    Requiring nonstandard containers to meet the minimum grade of a 
U.S. No. 2 would address consumer demand and help protect the 
production area market from the price depressing effects of poor 
quality avocados. In addition, requiring all production area avocados 
to be packed in new containers clearly marked with the grade packed 
would also improve the overall avocado pack sold in the production 
area. These new requirements would allow handlers to respond to market 
preferences which is expected to benefit producers and handlers of 
Florida avocados. Consumers would also benefit as a result of the 
higher quality pack available in the marketplace. This rule would also 
provide improved traceability and identification of Florida avocados. 
Consequently, the benefits of this rule would outweigh the potential 
costs associated with these changes. The costs and benefits of this 
rule are not expected to be disproportionately different for small or 
large entities.
    The Committee discussed alternatives to these proposed changes. One 
alternative considered was to not make any changes to the rules and 
regulations. However, the Committee agreed making these changes would 
make the industry more responsive to consumer demand. It would also 
provide for better identification and traceability of production area 
avocados. Therefore, this alternative was rejected. The Committee also 
considered the alternative of requiring the grade to be stamped on 
nonstandard containers in letters and numbers at least 1 inch in height 
as is required for standard containers. However, with nonstandard 
containers being larger in size and with production area avocados sold 
in the container, the Committee determined that the grade should be 
clearly visible, and that 1 inch was not large enough. Therefore, this 
alternative was also rejected.
    This proposed rule would revise the grade and container 
requirements currently prescribed under the avocado marketing order. 
Accordingly, this action would not impose any additional reporting or 
recordkeeping requirements on either small or large avocado 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.
    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.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this proposed rule. In addition, the 
Committee's meetings were widely publicized throughout the avocado 
industry and all interested persons were invited to attend the meetings 
and participate in Committee deliberations on all issues. Like all 
Committee meetings, the August 8, 2007, September 9, 2007, January 9, 
2008, and February 13, 2008, meetings were public meetings and all 
entities, both large and small, were able to express views on these 
issues. Finally, interested persons are invited to submit comments on 
this proposed rule, including the regulatory and informational impacts 
of this action on small businesses.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to 
Jay Guerber at the previously mentioned address in the FOR FURTHER 
INFORMATION CONTACT section.
    A 15-day comment period is provided to allow interested persons to 
respond to this proposal. Fifteen days is deemed appropriate because 
this rule would need to be in place as soon as possible since handlers 
began shipping avocados from the 2008-09 crop starting in June.

[[Page 54744]]

The Committee unanimously recommended these changes at various public 
meetings and interested parties had an opportunity to provide input. 
Also, Florida avocado producers and handlers are aware of these 
changes. All written comments timely received will be considered before 
a final determination is made on this matter.

List of Subjects in 7 CFR Part 915

    Avocados, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 915 is 
proposed to be amended as follows:

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

    1. The authority citation for 7 CFR part 915 continues to read as 
follows:

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

    2. Two new paragraphs (d) and (e) are added to Sec.  915.305 to 
read as follows:


Sec.  915.305  Florida Avocado Container Regulation 5.

* * * * *
    (d) Avocados handled for the fresh market in containers other than 
those authorized under Sec.  915.305(a) and shipped to destinations 
within the production area must be packed in 1-bushel containers.
    (e) All containers in which the avocados are packed must be new, 
and clean in appearance, without marks, stains, or other evidence of 
previous use.
    2. In Sec.  915.306, paragraphs (a)(1), (a)(6) and (a)(7) are 
revised to read as follows:


Sec.  915.306  Florida avocado grade, pack, and container marking 
regulation.

    (a) * * *
    (1) Such avocados grade at least U.S. No. 2, except that avocados 
handled to destinations within the production area may be placed in 
containers with avocados of dissimilar varietal characteristics.
* * * * *
    (6) Such avocados when handled in containers authorized under Sec.  
915.305, except for those to export destinations, are marked once with 
the grade of fruit in letters and numbers at least 1 inch in height on 
the top or one side of the container, not to include the bottom.
    (7) Such avocados when handled in containers other than those 
authorized under Sec.  915.305(a) for shipment to destinations within 
the production area are marked once with the grade of fruit in letters 
and numbers at least 3 inches in height on the top or one side of the 
container, not to include the bottom. Each such container is also to be 
marked at least once with either the registered handler number assigned 
to the handler at the time of certification as a registered handler or 
with the name and address of the handler.
* * * * *

    Dated: September 17, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-22147 Filed 9-22-08; 8:45 am]
BILLING CODE 3410-02-P


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