[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
[Rules and Regulations]
[Pages 1263-1266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-425]
Federal Register / Vol. 59, No. 6 / Monday, January 10, 1994 /
[[Page Unknown]]
[Federal Register: January 10, 1994]
VOL. 59, NO. 6
Monday, January 10, 1994
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 58
[DA-92-18]
Grading and Inspection, General Specifications for Approved
Plants and Standards for Grades of Dairy Products; United States
Standards for Grades of Whipped Butter
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule promulgates new United States Standards for
Grades of Whipped Butter. These standards establish quality criteria
for grade determination and optional microbiological and keeping-
quality tests for whipped butter.
The Department has determined that the grading of butter sold in
consumer-size packages bearing USDA official identification (grade-
label) should be conducted when the product is in the final package.
Previously, the quality of whipped butter was evaluated prior to the
whipping process using the U.S. Standards for Grades of Butter. The
U.S. Standards for Grades of Whipped Butter change this procedure.
EFFECTIVE DATE: February 9, 1994.
FOR FURTHER INFORMATION CONTACT: Diane D. Lewis, Dairy Products
Marketing Specialist, Dairy Standardization Branch, USDA/AMS/Dairy
Division, room 2750-S, P.O. Box 96456, Washington, DC 20090-6456, (202)
720-7473.
SUPPLEMENTARY INFORMATION: This final rule has been reviewed under
Executive Order 12778, Civil Justice Reform. This action is not
intended to have retroactive effect. This rule does not preempt any
State or local laws, regulations, or policies, unless they present an
irreconcilable conflict with this rule. There are no administrative
procedures which must be exhausted prior to any judicial challenge to
the provisions of this rule.
The final rule also has been reviewed in accordance with the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Administrator,
Agricultural Marketing Service, has determined that the final rule will
not have a significant economic impact on a substantial number of small
entities because use of the standards is voluntary and this action will
not increase costs to those utilizing the standards.
The Department is issuing this rule in conformance with Executive
Order 12866.
In 1991, the Department evaluated the procedures used to assign
U.S. grades to butter in consumer-size packages. The Department
concluded that grading of the product should be conducted in the final
package because the evaluation of whipped butter at that time is more
accurate.
Previously, the procedure for evaluating grade-label whipped butter
was to either grade the butter in the bulk form prior to whipping or
obtain a sample of fresh butter taken during the manufacturing process
and evaluate it. These methods are changed by this action because of
the Department's decision to conduct grading in the final package. The
new standards have received general support from many of the
manufacturers of whipped butter who utilize the USDA grade-label
program, as well as from the American Butter Institute. In addition,
the standards were field-tested by the Dairy Grading Branch and found
to be satisfactory.
In view of the need for new standards, the Department published on
June 30, 1993 (58 FR 34937) proposed United States Standards for
Whipped Butter. Except for minor format changes, the standards
contained in this final rule are the same as those set forth in the
proposal. The new standards establish the following.
1. Provide Quality Specifications for Whipped Butter at Two U.S. Grade
Levels: U.S. Grade AA and U.S. Grade A
Whipped butter is produced by uniformly incorporating air or inert
gas into butter to improve its spreadability characteristics. The
percent overrun, based on buyer or consumer preference, is usually
between 50 and 100 percent. Market analysis conducted during the
development of these standards supports the opinion that consumers
prefer the higher quality products. Therefore, standards are
established for quality designations at two levels: U.S. Grade AA and
U.S. Grade A.
2. Define Flavor Characteristics
Production and processing practices influence flavor
characteristics in whipped butter. To manufacture whipped butter with a
highly pleasing flavor, the raw milk and cream must be free of
objectionable flavors. This final rule defines acceptable flavor
characteristics to assist the graders in identifying and classifying
the flavor.
3. Define Body, Color, and Salt Characteristics and Establish
Disratings
Just as production and processing practices influence the flavor of
whipped butter, they also influence body, color, and salt
characteristics. This final rule describes distinguishing body, color,
and salt characteristics and establishes disratings which are used to
determine the U.S. grade.
4. Illustrate How Flavor, Body, Color, and Salt Characteristics
Influence Grade Determination
These standards provide step-by-step instructions in determining
the final grade of whipped butter. The U.S. grade of whipped butter is
determined on the basis of classifying first the flavor
characteristics. Then body, color, and salt characteristics are noted
and disratings established. When total disratings exceed the permitted
amount identified in the standards, the final U.S. grade is lowered.
5. Establish Optional Microbiological and Keeping-Quality Tests (Not
Mandatory for Grade Designation)
Since 1975, the General Specifications for Dairy Plants Approved
for USDA Inspection and Grading Service have required microbiological
and keeping-quality testing of whipped butter bearing USDA official
identification. The market analysis conducted during the development of
these standards revealed that the industry utilized tighter
microbiological specifications for proteolytic and yeast and mold
counts than those listed in the ``General Specifications''. To be more
aligned with current industry standards, this final rule tightens these
microbiological requirements. This final rule also incorporates these
same tests as optional tests (not mandatory for grade designation) in
the United States Standards for Grades of Whipped Butter.
This final rule also makes corollary changes in the General
Specifications for Dairy Plants Approved for USDA Inspection and
Grading Service (subpart B of 7 CFR part 58) to conform the definition
and grade designations of whipped butter set forth therein with the new
United States Standards for Grades of Whipped Butter (in subpart G of 7
CFR part 58).
USDA grade standards are voluntary standards that are developed
pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) to facilitate the marketing process. Manufacturers of dairy
products are free to choose whether or not to use these grade
standards. USDA grade standards for dairy products have been developed
to identify the degree of quality in the various products. Quality in
general refers to usefulness, desirability, and value of the product--
its marketability as a commodity. When whipped butter is officially
graded, the USDA regulations and standards governing the grading of
manufactured or processed dairy products are used. These regulations
also require a charge for the grading service provided by USDA. This
action makes minor format changes for purposes of clarity to Tables I
and III to the format that appeared in the proposed rule.
Public Comments
On June 30, 1993, the Department published a proposed rule (58 FR
34937) to promulgate the United States Standards for Whipped Butter.
The public comment period closed August 30, 1993. No comments were
received during this time.
List of Subjects in 7 CFR Part 58
Dairy products, Food grades and standards, Food labeling, Reporting
and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 58 is amended
as follows:
PART 58--[AMENDED]
1. The authority citation for 7 CFR part 58 continues to read as
follows:
Authority: Agricultural Marketing Act of 1946, Secs. 202-208, 60
Stat. 1087, as amended; 7 U.S.C. 1621-1627, unless otherwise noted.
2. In subpart B, Sec. 58.305 (f) is revised to read as follows:
Sec. 58.305 Meaning of words.
* * * * *
(f) Whipped butter. The food product is made by the uniform
incorporation of air or inert gas into butter.
Sec. 58.323 [Removed and Reserved].
3. In subpart B, Sec. 58.323 is removed and reserved.
4. In subpart B, Sec. 58.346 is revised to read as follows:
Sec. 58.346 Whipped butter.
(a) The quality requirements for whipped butter shall be in
accordance with the U.S. Standards for Grades of Whipped Butter for
U.S. Grade AA and U.S. Grade A, respectively.
(b) Whipped butter shall also be subject to the following
specifications when sampled and tested in accordance with Sec. 58.336
and Sec. 58.337, respectively:
(1) Proteolytic count, not more than 50 per gram; yeast and mold
count, not more than 10 per gram; coliform count, not more than 10 per
gram; and keeping-quality test, satisfactory after 7 days at 70 deg.F.
(2) Optional except when required or requested: Copper content, not
more than 0.3 ppm; iron content, not more than 1.0 ppm; enterococci,
not more than 10 per gram.
5. A new Subpart G--United States Standards for Grades of Whipped
Butter is added to read as follows:
Subpart G--United States Standards for Grades of Whipped Butter
Definitions
Sec.
58.2425 Whipped butter.
58.2426 Butter.
58.2427 Cream.
U.S. Grades
58.2428 Nomenclature of U.S. grades.
58.2429 Basis for determination of U.S. grade.
58.2430 Specifications for U.S. grades.
58.2431 Relationship of U.S. grade of whipped butter to the flavor
classifications as affected by disratings in body, color, and salt
characteristics.
58.2432 Optional tests.
58.2433 U.S. grade not assignable.
58.2434 Test methods.
Explanation of Terms
58.2435 Explanation of terms.
Subpart G--United States Standards for Grades of Whipped Butter\1\
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\1\Compliance with these standards does not excuse failure to
comply with provisions of the Federal Food, Drug and Cosmetic Act.
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Definitions
Sec. 58.2425 Whipped butter.
Whipped butter is the food product made by the uniform
incorporation of air or inert gas into butter.
Sec. 58.2426 Butter.
The food product usually known as butter, and which is made
exclusively from milk or cream, or both, with or without common salt,
with or without additional coloring matter, and containing not less
than 80 percent by weight of milkfat, all tolerances having been
allowed for.
Sec. 58.2427 Cream.
The term cream when used in this subpart G means cream separated
from milk produced by healthy cows. The cream shall be pasteurized at a
temperature of not less than 165 deg.F and held continuously in a vat
at such temperature for not less than 30 minutes; or pasteurized at a
temperature of not less than 185 deg.F for not less than 15 seconds; or
pasteurized by other approved methods giving equivalent results.
U.S. Grades
Sec. 58.2428 Nomenclature of U.S. grades.
The nomenclature of U.S. grades is as follows:
(a) U.S. Grade AA.
(b) U.S. Grade A.
Sec. 58.2429 Basis for determination of U.S. grade.
The U.S. grade of whipped butter is determined on the basis of
classifying first the flavor characteristics and then the
characteristics in body, color, and salt of a representative sample.
Flavor is the basic quality factor in grading whipped butter and is
determined organoleptically by smell and taste. The flavor
characteristic and intensity is identified and rated according to the
applicable classification contained in Table I in Sec. 58.2430. When
more than one flavor characteristic is discernible in a sample of
whipped butter, the flavor classification of the sample shall be
established on the basis of the flavor that carries the lowest rating.
Body, color, and salt characteristics are then noted and disratings are
made in accordance with the established classification in Table II in
Sec. 58.2430. The final U.S. grade for the sample is then established
in accordance with the flavor classification, subject to permitted
disratings for body, color, and salt as outlined in Sec. 58.2431.
Sec. 58.2430 Specifications for U.S. grades.
The specifications for the U.S. grades of whipped butter are as
follows:
(a) U.S. Grade AA. U.S. Grade AA whipped butter conforms to the
following: Shall possess a fine and highly pleasing butter flavor.
Whipped butter may also have a lactic culture flavor. May possess a
slight feed, or a definite cooked flavor. The permitted disratings in
body, color, and salt characteristics are limited to one-half (\1/2\).
For detailed specifications and classification of flavor
characteristics, see Table I of this section. For body, color, and salt
disratings, see Table II of this section.
(b) U.S. Grade A. U.S. Grade A whipped butter conforms to the
following: Shall possess a pleasing and desirable butter flavor.
Whipped butter may also have a lactic culture flavor. May possess to a
slight degree the following flavors: acid, aged, bitter, coarse, flat,
smothered, and storage. May possess a definite feed flavor. The
permitted disratings in body, color, and salt characteristics are
limited to one-half (\1/2\). For detailed specifications and
classification of flavor characteristics, see Table I of this section.
For body, color, and salt disratings, see Table II of this section.
(c) General. Whipped butter of all U.S. grades shall be free from
foreign materials and visible mold. When total disratings exceed the
permitted amount, the final U.S. grade shall be lowered one grade level
for each additional one-half (\1/2\) disrating.
Table I.--Classification of Flavor With Corresponding U.S. Grade
------------------------------------------------------------------------
U.S. grade
designation
Flavor characteristics\1\ ---------------
AA A
------------------------------------------------------------------------
Acid.................................................... -- S
Aged.................................................... -- S
Bitter.................................................. -- S
Coarse.................................................. -- S
Cooked.................................................. D ......
Feed.................................................... S D
Flat.................................................... -- S
Smothered............................................... -- S
Storage................................................. -- S
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\1\When more than one flavor is discernible in a sample of whipped
butter, the flavor classification of the sample shall be established
on the basis of the flavor that carries the lowest rating.
(--) = Not Permitted
S = Slight
D = Definite
Table II.--Characteristics and Disratings in Body, Color and Salt
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Disratings
Characteristics -----------------------
Slight Definite
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Body:
Free moisture................................. \1/2\ 1
Mealy or grainy............................... \1/2\ 1
Color:
Color specks.................................. 1 1\1/2\
Mottled....................................... \1/2\ 1
Wavy.......................................... \1/2\ 1
Salt:
Gritty........................................ 1 1\1/2\
Sharp......................................... 1 1\1/2\
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Sec. 58.2431 Relationship of U.S. grade of whipped butter to the
flavor classifications as affected by disratings in body, color, and
salt characteristics.
When the disratings for body, color, and salt exceed the permitted
amount of (\1/2\) for any flavor classification, the final U.S. grade
shall be lowered accordingly:
Table III
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Flavor classification Total disratings U.S. grade
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AA......................... \1/2\ AA
AA......................... 1 A
AA......................... 1\1/2\ (*)
A.......................... \1/2\ A
A.......................... 1 (*)
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(*)=No U.S. grade assigned.
Sec. 58.2432 Optional tests.
(a) There are optional tests (not mandatory for grade designation)
that may be made on whipped butter that can be requested by the buyer
or seller. If requested, the product must comply with the
microbiological and keeping-quality specifications as follows:
Proteolytic count--not more than 50 per gram
Yeast and mold count--not more than 10 per gram
Coliform count--not more than 10 per gram
Keeping-quality test--satisfactory after 7 days at 70 deg.F.
(b) All required tests, and optional tests when specified, shall be
performed in accordance with the test methods identified in
Sec. 58.2434.
Sec. 58.2433 U.S. grade not assignable.
Whipped butter shall not be assigned a U.S. grade for one or more
of the following reasons:
(a) The butter fails to meet or exceed the requirements for U.S.
Grade A.
(b) The butter, when tested, does not comply with the provisions of
the Federal Food, Drug, and Cosmetic Act, or the minimum milkfat
requirements of 80.0 percent.
(c) The butter is produced in a plant that is rated ineligible for
USDA grading service or is not USDA-approved.
Sec. 58.2434 Test methods.
Testing methods contained in the latest edition of the ``Standard
Methods for the Examination of Dairy Products'' or the ``Official
Methods of Analysis of the Association of Official Analytical
Chemists'' are used to determine bacterial estimates and milkfat
content.
Explanation of Terms
Sec. 58.2435 Explanation of terms.
(a) With respect to flavor intensity and characteristics:
(1) Slight. Detected only upon critical examination.
(2) Definite. Not intense but detectable.
(3) Acid. Lacks a delicate flavor or aroma and is associated with
an acid condition but there is no indication of sourness.
(4) Aged. Characterized by lack of freshness.
(5) Bitter. Astringent, similar to taste of quinine and produces a
puckery sensation.
(6) Coarse. Lacks a fine, delicate, smooth flavor.
(7) Cooked. Smooth, nutty-like characteristic resembling a custard
flavor.
(8) Feed. Aromatic flavor characteristic of the feed eaten by cows.
(9) Flat. Lacks natural butter flavor.
(10) Smothered. Suggestive of improperly cooked cream.
(11) Storage. Characterized by a lack of freshness and more
intensified than ``aged'' flavor.
(b) With respect to body:
(1) Free moisture. ``Free moisture'' is present when beads of
moisture are visible on the surface of the sample. The intensity is
described as ``slight'' when the droplets or beads of moisture are
barely visible, few in number, and about the size of a pinhead; and
``definite'' when the moisture droplets are clearly visible, more
numerous, and are somewhat larger in size.
(2) Mealy or grainy. A ``mealy'' or ``grainy'' condition imparts a
granular consistency when the whipped butter is melted on the tongue.
The intensity is described as ``slight'' when the mealiness or
graininess is barely detectable; and ``definite'' when the mealiness or
graininess is clearly detectable.
(c) With respect to color:
(1) Mottled. ``Mottled'' appears as a dappled condition with spots
of lighter and deeper shades of yellow. The intensity is described as
``slight'' when the small spots of different shades of yellow,
irregular in shape, are barely discernible on the sample of whipped
butter; and ``definite'' when the mottles are more clearly discernible.
(2) Color specks. ``Specks'' usually appear in whipped butter as
small white or yellow spots. The intensity is described as ``slight''
when the spots are few in number; and ``definite'' when they are
noticeable in larger numbers.
(3) Wavy. ``Wavy'' color in whipped butter is an unevenness in the
color that appears as waves of different shades of yellow. The
intensity is described as ``slight'' when the waves are barely
discernible; and ``definite'' when they are readily noticeable.
(d) With respect to salt:
(1) Gritty. A ``gritty'' salt condition imparts a sand-like feeling
on the tongue due to grains of undissolved salt. The intensity is
described as ``slight'' when only a few grains of undissolved salt are
detected; and ``definite'' when the condition is more readily
noticeable.
(2) Sharp. ``Sharp'' salt is characterized by taste sensations
suggestive of salt. The intensity is described as ``slight'' when the
salt taste predominates in flavor; and ``definite'' when the taste
distinctly predominates in flavor.
Dated: January 3, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-425 Filed 1-7-94; 8:45 am]
BILLING CODE 3410-02-P
