(4) The inspection performed, and certificates issued by the Federal or Federal-State Inspection Service shall be in accordance with the rules and regulations of the Department governing the inspection and certification of fresh fruits, vegetables, and other products (7 CFR Part 51). The cost of any inspection and certification shall be borne by the applicant therefor.

(5) Each inspection certificate issued with respect to any tomatoes to be imported into the United States shall set forth, among other things:

(i) The date and place of inspection;

(ii) The name of the shipper, or applicant ;
(iii) The name of the importer (consignee);

(iv) The commodity inspected;

(v) The quantity of the commodity covered by the certificate;

(vi) The principal identifying marks on the containers;

(vii) The railroad car initials and number, the truck and trailer license number, the name of the vessel, or other identification of the shipment; and

(viii) The following statement, if the facts warrant; Meets U. S. Import requirements under section 8e of the Agricultural Marketing Agreement Act of 1937.

(f) Definitions. (1) The term "U. S. No. 3" means the U. S. No. 3 grade, as set forth in the United States Standards for Tomatoes (§§ 51.1855 to 51.1877, inclusive, of this title; 21 F. R. 9559), including the tolerances set forth therein. (2) All other terms have the same meaning as when used in the General Regulations (7 CFR Part 1060; 19 F. R. 7707, 8012) applicable to the importation of listed commodities.

Dated: October 31, 1957.

S. R. SMITH,

Director, Fruit and Vegetable Division,
Agricultural Marketing Service,

TITLE 7-AGRICULTURE

CHAPTER IX-AGRICULTURAL MARKETING SERVICE
(Marketing Agreements and Orders)

SUBCHAPTER B-PROHIBITIONS OF IMPORTED COMMODITIES

PART 1066-IRISH POTATOES

§ 1066.10 Potato Regulation No. 4. (a) Findings and determinations. (1) Findings. (i) Notice of rule making regarding proposed restrictions on importation of Irish potatoes into the United States, to be made effective under section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), was published in the FEDERAL REGISTER September 27, 1957 (22 F. R. 7712). After consideration of all relevant matters presented, including the proposals set forth in the aforesaid notice, and the data, views, and arguments submitted by interested parties, it is hereby found that the restrictions on the importation of Irish potatoes into the United States, as hereinafter provided are in accordance with said section 8e.

(ii) It is hereby found that it is impracticable and contrary to the public interest to postpone the effective date of this regulation beyond that herein specified (5 U. S. C. 1001 et seq.) in that (a) the requirements established by this import regulation are issued pursuant to section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), which makes such regulation mandatory; (b) grade, size and quality regulations (§ 970.304, 22 F. R. 7358; and § 957.316, 22 F. R. 4785, 5862, 5993, 7420, 7583) are now in effect on domestic shipments of potatoes; (c) the General Regulations (7 CFR Part 1060)_relating to prohibition of imported commodities were published in the FEDERAL REGISTER on November 30, 1954 (19 F. R. 7707, 8012); (d) notice that this action was being considered to become effective October 21, 1957, was published in the FEDERAL REGISTER on September 27, 1957 (22 F. R. 7712); (e) compliance with this potato import regulation will not require any special preparation by importers which cannot be completed by the effective date; (f) notice hereof in excess of three days, the

minimum that is prescribed by said section 8e, is given with respect to this potato import regulation; and (g) such notice is hereby determined, under the circumstances, to be reasonable.

(2) Determinations with respect to imports of Irish potatoes. Pursuant to section 8e of the Agricultural Adjustment Act of 1933, as amended, and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), it is hereby determined that during the effective time hereof imports of Irish potatoes of the long varieties are in most direct competition with such varieties of Irish potatoes which are grown in the production area defined in Order No. 57 (7 CFR Part 957; designated counties in Idaho and Malheur County, Oregon) and imports of Irish potatoes of the round white or red skin varieties are in most direct competition with such varieties of Irish potatoes which are grown in the production area defined in Order No. 70 (7 CFR Part 970; the State of Maine).

(b) Import restrictions. During the period from October 21, 1957, through July 12, 1958, and subject to the General Regulations (7 CFR Part 1060) applicable to the importation of listed commodities and the requirements of this section, no person shall import any Irish potatoes of any variety, other than certified seed potatoes, unless at least 90 percent of such potatoes are "fairly clean" and (1) if they are of the round white or red skin varieties, such potatoes meet the requirements of the U. S. No. 1, or better, grade, 24 inches minimum diameter and 4 inches maximum diameter, and (2) if they are of the long white varieties (including, but not limited to, Russet Burbank variety) such potatoes meet the requirements of the U. S. No. 2, or better, grade, Size A, 2 inches minimum diameter or 4 ounces minimum weight.

(c) Minimum quantities. Any importation which, in the aggregate, does not exceed 500 pounds may be imported without regard to the provisions of paragraph (b) of this section.

(d) Plant quarantine. No provisions of this section shall supersede the restrictions or prohibitions on potatoes under the Plant Quarantine Act of 1912. (e) Certified seed imports. Any person may import certified seed potatoes which shall include only those potatoes which are officially certified and tagged as seed potatoes by the Plant Protection Division, Science Service, Canada Department of Agriculture.

(f) Designation of Governmental Inspection Service. The Fruit and Vegetable Inspection Services, Fruit and Vegetable Division, Marketing Service, Canada Department of Agriculture, is hereby designated, pursuant to § 1060.4 (a) of the General Regulations, as a governmental inspection service for the purpose of certifying the grade, size, quality, and maturity of Irish potatoes that are imported, or to be imported, from Canada into the United States under the provisions of section 8e of the act.

(g) Inspection and official inspection certificates. (1) Inspection by the Federal or Federal-State Inspection Service, by the Fruit and Vegetable Inspection Services, Fruit and Vegetable Division, Marketing Service, Canada Department of Agriculture, or by such other governmental inspection service as may be designated, or approved, by the Administrator, with appropriate evidence thereof in the form of an official inspection certificate issue by the respective service and applicable to a particular shipment of potatoes, is required on all imports of potatoes, other thèn certified seed, pursuant to § 1060.3 Eligible imports of the aforesaid General Regulations.

(2) Inspection certificates shall cover only the quantity of potatoes that is being imported at a particular port of entry by a particular importer.

(3) The inspections performed, and certificates issued, by the Federal or Federal-State Inspection Service shall be in accordance with the rules and regulations of the Department governing the inspection and certification of fresh fruits, vegetables, and other products (7 CFR Part 51; 20 F. R. 4842). The cost of inspection and certification shall be borne by the applicant therefor. (4) Each inspection certificate issued with respect to any Irish potatoes to be imported into the United States shall set forth, among other things:

(i) The date and place of inspetcion;

(ii) The name of the shipper, or applicant; (iii) The name of the importer (consignee);

(iv) The commodity inspected;

(v) The quantity of the commodity covered by the certificate;

(vi) The principal identifying marks on the containers;

(vii) The railroad car initials and number, the truck and trailer license number, the name of the vessel, or other identification of the shipment; and

(viii) The following statement, if the facts warrant: Meets U. S. Import requirements under section 8e of the Agricultural Marketing Agreement Act of 1937.

(h) Definitions. (1) The terms "U. S. No. 1", "U. S. No. 2", "fairly clean", and "Size A" mean the U. S. No. 1 grade, the U. S. No. 2 grade, fairly clean, and Size A, respectively, as set forth in the United States Standards for Potatoes (§§ 51.1540 to 51.1559, inclusive, of this title), including the tolerances set forth therein. For the purposes of this regulation, potatoes meeting the requirements of Canada No. 1 grade and Canada No. 2 grade shall be deemed to comply with the requirements of the U. S. No. 1 grade and U. S. No. 2 grade, respectively, and the tolerances for size, as set forth in the said United States Standards, may be used.

(2) All other terms have the same meaning as when used in the General Regulations (7 CFR Part 1060) applicable to the importation of listed commodities. Dated: October 15, 1957. S. R. SMITH,

Director, Fruit and Vegetable Division, Agricultural Marketing Service.

TITLE 7-AGRICULTURE

CHAPTER IX-AGRICULTURAL MARKETING SERVICE

(Marketing Agreements and Orders)

SUBCHAPTER B-PROHIBITIONS OF IMPORTED COMMODITIES

PART 1067-AVOCADOS

1

§ 1067.4 Avocado Regulation No. 4. (a) On and after the effective time of this regulation, the importation into the United States of any avocados is prohibited unless :

(1) During the period beginning at 12:01 a. m., e. s. t., June 10, 1957, and ending at 12:01 a. m., e. s. t., July 1, 1957, (i) such avocados grade at least No. 2 grade, as defined in § 969.130 (c)1 of the supplementing rules and regulations, as amended (21 F. R. 2409), effective under the marketing agreement and Order No. 69 (7 CFR Part 969) regulating the handling of avocados grown in South Florida, and (ii) the individual fruit in each lot of such avocados weighs at least 14 ounces: Provided, That not to exceed 10 percent, by count, of the individual fruit in each lot may weigh less than 14 ounces but not less than 12 ounces, and not to exceed double such tolerance percentage shall be permitted for an individual container in a lot if the entire lot is within the tolerance;

(2) During the period beginning at 12:01 a. m., e. s. t., July 1, 1957, and ending at 12:01 a. m., e. s. t., August 26, 1957, (i) such avocados grade at least No. 2 grade, as set forth in subdivision (i) of subparagraph (1) of this paragraph, and (ii) the individual fruit in each lot of such avocados weighs at least 12 ounces: Provided, That not to exceed 10 percent, by count, of the individual fruit may weigh less than 12 ounces but not less than 10 ounces, and not to exceed double such tolerance percentage shall be permitted for an individual container in a lot if the entire lot is within the tolerance;

(3) During the period beginning at 12:01 a.m., e. s. t., August 26, 1957, and ending at 12:01 a. m., e. s. t., September 9, 1957, (i) such avocados grade at least No. 2 grade as set forth in subdivision (i) of subparagraph (1) of this paragraph, and (ii) the individual fruit in each lot of such avocados weighs at least 10 ounces: Provided, That not to exceed 10 percent, by count, of the individual fruit may weigh less than 10 ounces but not less than 8 ounces, and not to exceed double such tolerance percentage shall be permitted for an individual container in a lot if the entire lot is within the tolerance;

(4) On and after 12:01 a. m., e. s. t., September 9, 1957, such avocados grade at least No. 2 grade, as set forth in subdivision (i) of subparagraph (1) of this paragraph;

1 Copies of said § 969.130. as amended, may be obtained by writing Mr. William B. Cantrell, care of Agricultural Attaché, American Embassy, Havana, Cuba, or the Fruit and Vegetable Division, Agricultural Marketing Service, United States Department of Agriculture, Washington 25, D. C.

(5) Each such importation is made in conformance with the General Regulations (7 CFR Part 1060; 19 F. R. 7707, 8012) applicable to the importation of listed commodities and the requirements of this regulation; and

(6) Notwithstanding the provisions of subparagraphs (1) (ii), (2) (ii), and (3) (ii) of this paragraph that all avocados imported must meet the specified weight requirements, any person may import any lot of avocados if (i) the exterior seed coat of the individual fruit is of a brown color characteristic of a mature avocado, or (ii) such avocados, when mature, normally change color to any shade of red or purple and any portion of the skin of the individual fruit has changed to the color normal for that fruit when mature.

(b) Inspection by the Federal or Federal-State Inspection Service, or such other governmental inspection service as may be designated or approved by the Administrator, with appropriate evidence thereof in the form of an official inspection certificate, issued by the respective service, applicable to the particular shipment of avocados, is required on all imports of avocados pursuant to § 1060.3 Eligible imports of the aforesaid general regulations.

(c) Inspection certificates shall cover only the quantity of avocados that is being imported at a particular port of entry by a particular importer.

(d) The inspection performed, and certificates issued, by the Federal or Federal-State Inspection Service shall be in accordance with the rules and regulations of the Department governing the inspection and certification of fresh fruits, vegetables, and other products (7 CFR Part 51). The cost of any inspection and certification shall be borne by the applicant therefor.

(e) Each inspection certificate issued with respect to any avocados to be imported into the United States shall set forth, among other things:

(1) The date and place of inspection;

(2) The name of the shipper, or applicant;

(3) The name of the importer (consignee);

(4) The commodity inspected;

(5) The quantity of the commodity covered by the certificate;

(6) The principal identifying marks on the containers;

(7) The railroad car initials and number, the truck and trailer license number, the name of the vessel, or other identification of the shipment; and (8) The following statement, if the facts warrant: Meets U. S. import requirements under Section 8e of the Agricultural Marketing Agreement Act of 1937.

(f) Notwithstanding any other provision of this regulation, any importation of avocadoes which, in the aggregate, does not exceed 55 pounds may be imported without regard to the restrictions specified herein.

(g) It is hereby determined, on the basis of the information currently available, that the requirements set forth in this regulation are comparable to the maturity and quality regulations (Avocado Order 14, 22 F. R. 3652) now in effect for avocados grown in South Florida.

(h) The provisions of Avocado Regulation No. 3 (§ 1067.3; 21 F. R. 4257) are hereby terminated as of the effective date of this regulation.

It is hereby found that it is impracticable and contrary to the public interest to postpone the effective time of this regulation beyond that hereinafter specified (5 U. S. C. 1001 et seq.) because (a) maturity and quality restrictions governing the shipment of avocados produced in South Florida are now in effect and the requirements of § 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), makes such import regulation mandatory; (b) such domestic and import restrictions should become effective at as near the same time as is reasonably practicable; (c) notice that regulation of the imports of avocados was being considered was published in the FEDERAL REGISTER (22 F. R. 3692) and the written data, views, and arguments received in connection therewith were considered in the formulation of this regulation; (d) compliance with this import regulation will not require any special preparation which cannot be completed by the effective time; (e) notice hereof in excess of three days, the minimum that is prescribed by said § Se, is given with respect to this import regulation; and (f) such notice is hereby determined, under the circumstances, to be reasonable.

(49 Stat. 753, as amended; 7 U. S. C. 601 et seq. Interprets or applies Sec. 401, 68 Stat. 907, as amended; 7 U. S. C. 608e-1).

Dated, June 4, 1957, to become effective at 12: 01 a. m., e. s. t., June 10, 1957.

FLOYD F. HEDLUND,

Acting Director, Fruit and Vegetable Division,

Agricultural Marketing Service.

TITLE 7-AGRICULTURE

CHAPTER IX-AGRICULTURAL MARKETING SERVICE

(Marketing Agreements and Orders)

SUBCHAPTER B-PROHIBITIONS OF IMPORTED COMMODITIES

PART 1068-GRAPEFRUIT

(Grapefruit Regulation No. 1, Terminated)

GRAPEFRUIT REGULATION NO. 2

§ 1068.2 Grapefruit Regulation No. 2. (a) On and after the effective time of this regulation, the importation into the United States of any grapefruit is prohibited unless such grapefruit meets the following requirements:

(1) The grapefruit shall grade at least U. S. No. 2 Russet except that the requirements of this regulation as to the minimum juice content of the respective sizes of such grapefruit shall be as shown in the following Table I, and the requirements of this regulation as to the minimum ratio of the total soluble solids to the anhydrous citric acid of the juice of such grapefruit shall be as shown in the following Table II:

(2) All seeded grapefruit shall be of a size not smaller than a size that will pack 80 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box;

(3) All seedless grapefruit shall be of a size not smaller than a size that will pack 112 grapefruit, packed in accordance with the requirements of a standard pack, in a standard nailed box; and

(4) Each such importation is made in conformance with the General Regulations (7 CFR Part 1060) applicable to the importation of listed commodities and the requirements of this regulation.

(b) Inspection by the Federal or Federal-State Inspection Service with appropriate evidence thereof in the form of an official inspection certificate, issued by the respective service, applicable to the particular shipment of grapefruit, is required on all imports of grapefruit pursuant to § 1060.3 Eligible imports of the aforesaid General Regulations.

(c) Inspection certificates shall cover only the quantity of grapefruit that is being imported at a particular port of entry by a particular importer.

(d) The inspections performed, and certificates issued, by the Federal or Federal-State Inspection Service shall be in accordance with the rules and regulations of the Department governing the inspection and certification of fresh

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