[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Proposed Rules]
[Pages 57958-57962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28632]
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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. 60, No. 226 / Friday, November 24, 1995 /
Proposed Rules
[[Page 57958]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[FV-91-329]
United States Standards for Grades of Frozen Cauliflower
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would revise the current voluntary U.S.
Standards for Grades of Frozen Cauliflower. Its effect would be to
improve the standards by: Bringing the standards in line with current
marketing practices and innovations in processing techniques; providing
for the ``individual attributes'' procedure for product grading with
sample sizes, acceptable quality levels (AQL's), tolerances and
acceptance numbers (number of allowable defects) being published in the
standards; replacing dual grade nomenclature with single letter grade
designations, such as ``U.S. Grade A'' or ``U.S. Fancy,'' with ``U.S.
Grade A;'' and providing a uniform format consistent with other
recently revised U.S. grade standards by adopting definitions for terms
and replacing textual descriptions with easy-to-read tables. This rule
also includes conforming and editorial changes.
DATES: Comments must be received on or before January 23, 1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent in duplicate to the
Office of the Branch Chief, Processed Products Branch, Fruit and
Vegetable Division, Agricultural Marketing Service, U.S. Department of
Agriculture, PO Box 96456, Room 0709, South Building, Washington, DC
20090-6456. Comments should make reference to 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 Branch Chief during regular
business hours.
FOR FURTHER INFORMATION CONTACT: James R. Rodeheaver, Processed
Products Branch, Fruit and Vegetable Division, Agricultural Marketing
Service, U.S. Department of Agriculture, PO Box 96456, Room 0709, South
Building, Washington, DC 20090-6456, Telephone: (202) 720-4693.
SUPPLEMENTARY INFORMATION: The Department is issuing this rule in
conformance with Executive Order 12866.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act, Pub.L. 96-354 (5 U.S.C. 601 et seq.), the
Administrator, Agricultural Marketing Service, has certified that this
action will not have a significant economic impact on a substantial
number of small entities. It will not result in an annual effect on the
economy of $100 million or more. There will be no major increase in
cost or prices for consumers; individual industries, Federal, State, or
local government agencies; or geographic regions. It will not result in
significant effects on competition, employment, investments,
productivity, innovations, or the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic or
export markets. In addition, under the Agricultural Marketing Act of
1946, the use of these standards is voluntary. A small entity may avoid
incurring any additional economic impact by not employing the
standards.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This proposed rule will 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.
Agencies periodically review existing regulations. An objective of
the regulatory review is to ensure that the grade standards are serving
their intended purpose, the language is clear, and the standards are
consistent with AMS policy and authority.
The Western Technical Advisory Committee of the American Frozen
Food Institute (AFFI) and the USDA Grade Standards Review Subcommittee
of the National Food Processors Association (NFPA), requested that the
USDA prepare a draft revision of the U.S. grade standards for frozen
cauliflower in 1992. It was requested that the draft would allow for
the use of mechanical trimming devices in cauliflower processing by de-
emphasizing the importance of uniform shape and symmetry of cauliflower
clusters in the standards because mechanical trimmers now perform
processing operations previously done by hand. The mechanical trimming
devices produce clusters which are less uniform in size, shape, and
symmetry and remove, partially or completely, the bud portion of the
unit. The absence of a uniform shape does not significantly affect the
eating quality or nutritional value of frozen cauliflower.
It was also requested that the revised standards assign individual
tolerances to each individual quality factor. The system of grading,
referred to as ``individual attributes,'' would provide statistically
derived acceptable quality levels (AQL's) based on the tolerances in
the current grade standards.
The discussion draft incorporated the changes recommended by AFFI
and NFPA. The proposal reflected USDA's policy of replacing dual grade
nomenclature with single letter grade designations.
In the revision, ``U.S. Grade A'' (or ``U.S. Fancy'') and ``U.S.
Grade B'' (or ``U.S. Extra Standard'') would have simply become ``U.S.
Grade A,'' and ``U.S. Grade B.''
The USDA prepared a discussion draft, incorporating the requested
and editorial changes, and submitted it to AFFI and NFPA for comment.
Minor changes were recommended for the draft revision.
In addition to these changes, the revision would have modified the
standards to present them in a simplified easy-to-use format.
Consistent with recent revisions of other U.S. grade standards,
definitions of terms and easy-to-read tables would have replaced the
textual descriptions. These changes were intended to facilitate better
understanding and more uniform application of the grade standards.
Proposed Rule
A proposal to revise the U.S. Standards for Grades of Frozen
Cauliflower was published in the
[[Page 57959]]
Federal Register on January 11, 1993 (58 FR 3816). A reopening and
extension of the comment period to December 31, 1993, for the proposal
was published in the Federal Register on May 25, 1993 (58 FR 29985).
There were no public comments received during the comment period.
However, USDA received comments from Patterson Frozen Foods, Inc. and
the American Frozen Food Institute (AFFI) regarding the proposal, after
the comment period closed. This action is a reproposal of the January
11, 1993, rule.
The following suggestions were offered for consideration in this
revision. The two commenters suggested that the style name ``Nuggets or
Small Clusters'' should be used instead of ``Clusters for Limited Use''
due to the terms familiarity in the industry and the marketplace. USDA
agrees with the comment to change in style names to incorporate
familiar names.
Both commenting parties requested a change in the proposed method
of determining style in frozen cauliflower and the requirements. Both
agreed that the method for determining style should be based on
``weight'' instead of ``count'' and Patterson Frozen Foods also
suggested that the six millimeter minimum requirement for ``Nuggets or
Small Clusters'' style be removed since there is no maximum size
requirement for ``Clusters'' style.
Both parties suggested that determining ``style'' by ``weight''
instead of by ``count'' would make the standards more compatible with
the industry's practice of using mechanical trimming devices which
produce clusters that are less uniform in size, shape, and symmetry.
USDA conducted a study using imported and domestic samples in 10,
16, 20, 32 and 35 ounce package sizes to determine the average counts
and weights of cauliflower clusters. Based on the information
collected, USDA agrees with the suggested change to determine style
``by weight'' instead of ``by count'' for ``Clusters Style'' and with
the recommended tolerance of 10 percent by weight.
The Department disagrees with the elimination of the minimum size
requirement in ``Nuggets or Small Clusters'' style. The prerequisite of
``appearance'' was incorporated into this proposal to maintain present
tolerances for small pieces of cauliflower (chaff) that affect the
appearance and edibility of ``Nuggets or Small Clusters'' and
``Clusters'' style cauliflower. A definition for ``chaff'' was also
incorporated into this proposal.
The study conducted by USDA showed that the average unit weight of
``Nuggets or Small Clusters'' was closer to two grams per unit than to
three grams per unit as published in the proposal. The AQL's and
acceptance numbers in Table II were adjusted to reflect this finding.
AFFI and Patterson Frozen Foods asked that the definitions for
``ricey'' and ``fuzzy'' character in the current standards be retained
in the proposal. USDA agrees that maintaining the same definitions for
``ricey'' and ``fuzzy'' would reduce confusion within the industry. It
was also requested that the term ``mushy'' character should be deleted
and that its definition be incorporated into the definition for
``soft'' character. The industry believed this change would be less
confusing and more accurate. The Department agrees and made these
changes to clarify the standards based on industry practices.
A change in the definition of ``color defect'' was recommended by
the commenters.
It was suggested that a definition differentiating ``minor'' and
``major'' color defects based on existing USDA inspection criteria
should be incorporated into the ``color defect'' definition of the
proposal. USDA agrees with this change and has incorporated it into the
proposal. The incorporated changes from the inspection criteria would
more accurately reflect the method used in the food industry to
evaluate color defects.
Minor changes were suggested for the definitions of the terms
``blemished, fragments, and mechanical damage'' to help clarify their
meaning. Both parties suggested the term ``discoloration'' should be
removed from the definition of ``blemished,'' and the phrase, ``in the
aggregate,'' should be added to the ``minor blemished and major
blemished'' definition.
AFFI and Patterson Frozen Foods also suggested that the words
``tough or fibrous'' should be added to the definition of ``fragments''
and the words ``seriously'' and ``excessive or'' should be deleted from
the definition of ``mechanical damage.''
The Department agrees with these changes and has incorporated them
into this proposal.
It was requested that the classified quality factor, ``mushy
character,'' should be deleted from the standards since its definition
has been incorporated into the definition of ``soft character.'' The
USDA has deleted the classified quality factor for ``mushy character''
and adjusted the tolerance for the quality factor, ``soft character''
to reflect the change.
Changes in the tolerances of several ``classified quality factors''
were suggested. For the quality factor of ``ricey character,''
tolerances of 15 percent for ``Grade A'' and 30 percent for ``Grade B''
were preferred by AFFI and Patterson Frozen Foods because this defect
is more common and less objectionable.
For ``soft character'', a tolerance of 5 percent rather than 10
percent was preferred because it is more preventable and more
objectionable. The Department has adjusted the tolerances for ``soft
character'' and ``ricey character'' and incorporated them into this
proposal.
It was suggested that the quality factor of ``color defect'' be
divided into ``major color defects'' and ``total color defects.'' The
comments suggested tolerances for the new factors should reflect this
change with 3 percent for ``major'' and 8 percent for ``total.'' We
agree with the changes in the quality factor for color defects and with
the 8 percent tolerance for ``total color defects.'' We do not agree,
however, with the change in the tolerance for ``major color defects.''
Such a change would represent a significant deviation from the
tolerance in the existing U.S. Standards for Grades of Frozen
Cauliflower without valid justification as to why it should be changed.
It was also suggested that the tolerance for mechanical damage, in
Nuggets style, should be increased to 10 percent for ``Grade A'' and 20
percent for ``Grade B'' to better reflect the use of mechanical
trimming devices.
The Department agrees with this change and has incorporated it in
this revision.
A copy of the initial proposed rule was provided to the
Agricultural Research Service (ARS) for help in identifying studies,
data collection or other information relevant to the possible effect of
the proposed revision on pesticide use. ARS reported that they were
unable to find much information on the subject. The information that
was found by ARS proved not to be relevant.
The changes and issues raised by the comments regarding the first
proposed rule supports publishing another Notice of Proposed Rulemaking
to modify the standards. Based on all the information received, this
proposed revision would modify the standards to present them in a
simplified easy-to-use format. Consistent with recent revisions of
other U.S. grade standards, definitions of terms and easy-to-read
tables would replace the textual descriptions. This proposed rule is
intended to facilitate better understanding and more uniform
application of the grade standards.
[[Page 57960]]
List of Subjects in 7 CFR Part 52
Food grades and standards, Food labeling, Frozen foods, Fruit
juices, Fruits, Reporting and record keeping requirements, Vegetables.
For the reasons set forth in the preamble, the U.S. Department of
Agriculture proposes to revise 7 CFR part 52 to read as follows:
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS
1. The authority citation for part 52 continues to read as follows:
Authority: 7 U.S.C. 1622, 1624.
2. In part 52, Subpart--United States Standards for Grades of
Frozen Cauliflower is revised to read as follows:
Subpart--United States Standards for Grades of Frozen Cauliflower
Sec.
52.721 Product description.
52.722 Styles.
52.723 Requirements for style.
52.724 Definitions of terms.
52.725 Grades.
52.726 Factors of quality.
52.727 Requirements for quality factors.
52.728 Sample size.
52.729 Acceptance criteria.
Subpart--United States Standards for Grades of Frozen Cauliflower
Sec. 52.721 Product description.
Frozen cauliflower is prepared from fresh flower heads of the
cauliflower plant (Brassica oleracea botrytis) by trimming, washing,
and blanching and is frozen and maintained at temperatures necessary
for preservation of the product.
Sec. 52.722 Styles.
(a) Clusters mean individual segments of trimmed and cored
cauliflower heads, which measure not less than 20 mm (0.75 in) in the
greatest dimension across the top of the unit.
(b) Nuggets or Small Clusters mean individual segments of trimmed
and cored cauliflower heads, which measure from 6 mm (0.25 in) to less
than 20 mm (0.75 in) in the greatest dimension across the top of the
unit.
Sec. 52.723 Requirements for style.
(a) Clusters style. A maximum of 10%, by weight, of clusters less
than 20 mm (0.75 in) in the greatest dimension across the top of the
unit are allowed.
(b) Nuggets style. A maximum of 20%, by weight, of clusters, 20 mm
(0.75 in) or greater, and a maximum of 10%, by weight, of clusters less
than 6 mm (0.25 in) in the greatest dimension across the top of the
unit are allowed.
Sec. 52.724 Definitions of terms.
(a) Acceptable quality level (AQL) means the maximum percent of
defective units or the maximum number of defects per hundred units of
product that, for the purpose of acceptance sampling, can be considered
satisfactory as a process average.
(b) Appearance. Good appearance means that the overall appearance
or edibility of the cauliflower is not materially affected and; for
clusters style, a maximum of 5%, by weight, of chaff is allowed for the
sample unit. For nuggets style, a maximum of 10%, by weight, of chaff
is allowed for the sample unit.
(c) Blemished means the cluster is affected or damaged by
pathological injury, insect injury, or any other injury, which singly
or in combination, affects the appearance or eating quality of the
unit.
(1) Minor blemished means a unit with a dark blemish(s), which in
the aggregate, exceeds the area of a circle 4 mm (0.16 in) in diameter
but not 6 mm (0.25 in) or a light blemish(s), which in the aggregate,
exceeds the area of a circle 6 mm (0.25 in) in diameter.
(2) Major blemished means a unit with a dark blemish(s), which in
the aggregate, exceeds the area of a circle 6 mm (0.25 in) in diameter.
(d) Chaff mean individual segments of trimmed and cored cauliflower
material, with and without head material, which measure less than 6 mm
(0.25 in) in its greatest dimension.
(e) Character means the extent of firmness and compactness of the
cluster and its degree of freedom from fuzzy, ricey and soft units.
(1) Fuzzy character means a cluster with sections of head that have
elongated individual flowers (or pedicels) that result in a very fuzzy
appearance.
(2) Ricey character means a cluster with sections of head on which
the ultimate branches have become elongated, causing the flower
clusters to separate and present a loose or open and sometimes granular
appearance.
(3) Soft character means a cluster that is limp and flabby and the
flesh yields readily when handled.
(f) Color defect.
(1) Minor means that after cooking, the cluster possesses a color
that is more than slightly darker than light cream to dark cream.
(2) Major means that after cooking, the cluster possesses a color
that is seriously darkened or discolored.
(g) Core material means the loose or attached center portion of the
cauliflower head which is tough or fibrous.
(h) Defect means any nonconformance of a unit(s) of product from a
specified requirement of a single quality characteristic.
(i) Fragment means a stem or other cauliflower material without
head material that is 6 mm (0.25 in) or greater in the greatest
dimension (excluding tough or fibrous core material, loose leaves, and
chaff).
(j) Loose leaves mean leaf material, exclusive of small tender
leaves, that are detached from the stem.
(k) Mechanical damage means that the appearance of the unit is
affected by trimming, or the unit is crushed or broken to the extent
that the appearance is materially affected.
(l) Normal flavor and odor means that the cauliflower, before and
after cooking, has a flavor and odor that is normal and is free from
objectionable flavors and odors.
(m) Sample unit means the amount of product specified to be used
for grading. For varietal characteristics, flavor and odor and
appearance, a sample unit is the entire container. For blemishes,
character, color, core material, fragments, mechanical damage and loose
leaves, a sample unit is 100 grams for Nuggets Style and 50 units for
Clusters Style. It may be:
(1) The entire contents of a container;
(2) A portion of the contents of a container; or
(3) A combination of the contents of two or more containers.
(n) Tolerance (TOL.) means the percentage of defective units
allowed for each quality factor for a specific sample size.
(o) Unit means one cluster or piece of cauliflower.
Sec. 52.725 Grades.
(a) U.S. Grade A is the quality of frozen cauliflower that meets
the following prerequisites in which the cauliflower:
(1) Has similar varietal characteristics,
(2) Has a normal flavor and odor, and
(3) Has a good appearance.
(4) Is within the limits for defects as specified in Tables I and
II, of this subpart, as applicable for the style in Sec. 52.727.
(b) U.S. Grade B is the quality of frozen cauliflower that meets
the following prerequisites in which the cauliflower:
(1) Has similar varietal characteristics,
(2) Has a normal flavor and odor, and
(3) Has a good appearance.
(4) Is within the limits for defects as specified in Tables I and
II, of this subpart as applicable for the style in Sec. 52.727.
[[Page 57961]]
(c) Substandard is the quality of frozen cauliflower that fails to
meet the requirements of U.S. Grade B.
Sec. 52.726 Factors of quality.
The grade of frozen cauliflower is based on meeting the
requirements for the following factors.
(a) Prerequisites:
(1) Varietal characteristics,
(2) Flavor and odor, and
(3) Appearance.
(b) Classified Quality Factors:
(1) Major blemished,
(2) Total blemished (Major and Minor),
(3) Fuzzy character,
(4) Ricey character,
(5) Soft character,
(6) Major color defects,
(7) Total color defects (Major and Minor),
(8) Core material,
(9) Fragments,
(10) Loose leaves, and
(11) Mechanical damage.
Sec. 52.727 Requirements for classified quality factors.
Table I.--AQL's and Tolerances (Tol.) for Defects in Clusters Style Based on 50 Units of Product for 13 Sample Units, 50 x 13=650 Units
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Sample units x Sample unit size 1 x 50 3 x 50 6 x 50 13 x 50 21 x 50 29 x 50
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Units of product 50 150 300 650 1050 1450
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Defects AQL TOL
(5)
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(1)Grade A
(5)Acceptance numbers
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Major Blemished................................................. 3.8 5.0 4 9 17 33 50 67
Total Blemished (Major & Minor)................................. 8.2 10.0 7 18 33 65 101 137
Fuzzy Character................................................. 1.3 2.0 2 4 7 13 20 26
Ricey Character................................................. 8.2 10.0 7 18 33 65 101 137
Soft Character.................................................. 0.612 1.0 1 2 4 7 10 14
Major Color Defect.............................................. 0.612 1.0 1 2 4 7 10 14
Total Color Defect (Major & Minor).............................. 6.4 8.0 6 15 26 52 80 108
Core Material................................................... 2.17 3.0 3 6 11 20 31 41
Fragments....................................................... 3.8 5.0 4 9 17 33 50 67
Mechanical Damage............................................... 8.2 10.0 7 18 33 65 101 137
Loose Leaves (each piece)....................................... 2.17 3.0 3 6 11 20 31 41
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(1)Grade B
(5)Acceptance numbers
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Major Blemished................................................. 8.2 10.0 7 18 33 65 101 137
Total Blemished (Major & Minor)................................. 13.0 15.0 10 26 48 98 154 209
Fuzzy Character................................................. 6.4 8.0 6 15 26 52 80 108
Ricey Character................................................. 13.0 15.0 10 26 48 98 154 209
Soft Character.................................................. 2.9 4.0 3 8 13 26 39 53
Major Color Defect.............................................. 3.8 5.0 4 9 17 33 50 67
Total Color Defect (Major & Minor).............................. 13.8 16.0 11 27 51 104 163 221
Core Material................................................... 3.8 5.0 4 9 17 33 50 67
Fragments....................................................... 8.2 10.0 7 18 33 65 101 137
Mechanical Damage............................................... 17.6 20.0 13 34 63 130 205 279
Loose Leaves (each piece)....................................... 6.4 8.0 6 15 26 52 80 108
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Table II.--AQL's and Tolerances (Tol.) for Defects in Nuggets or Small Clusters Style Based on 100 Grams of Product for 13 Sample Units, 100 x 13=1300
Units
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Sample units x Sample unit size 1 x 100 3 x 100 6 x 100 13 x 100 21 x 100 29 x 100
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Grams of product 100 300 600 1300 2100 2900
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Defects AQL TOL
(5)
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(1)Grade A
(5)Acceptance numbers (Grams)
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Major Blemished................................................. 3.8 5.0 7 17 31 61 94 127
Total Blemished (Major & Minor)................................. 8.2 10.0 13 33 61 123 194 263
Fuzzy Character................................................. 1.3 2.0 3 7 12 23 36 48
Ricey Character................................................. 8.2 10.0 13 33 61 123 194 263
Soft Character.................................................. 0.612 1.0 2 4 7 12 19 24
Major Color Defect.............................................. 2.17 3.0 4 11 19 37 56 76
Total Color Defect (Major & Minor).............................. 8.2 10.0 13 33 61 123 194 263
Core Material................................................... 2.17 3.0 4 11 19 37 56 76
Fragments....................................................... 3.8 5.0 7 17 31 61 94 127
Mechanical Damage............................................... 8.2 10.0 13 33 61 123 194 263
Loose Leaves (each piece)....................................... 3.8 5.0 7 17 31 61 94 127
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Grade B
(5) Acceptance numbers (Grams)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Major Blemished................................................. 8.2 10.0 13 33 61 123 194 263
[[Page 57962]]
Total Blemished (Major & Minor)................................. 13.0 15.0 18 48 91 189 298 407
Fuzzy Character................................................. 6.4 8.0 10 26 48 98 153 208
Ricey Character................................................. 13.0 15.0 18 48 91 189 298 407
Soft Character.................................................. 2.9 4.0 6 13 24 48 74 99
Major Color Defect.............................................. 6.4 8.0 10 26 48 98 153 208
Total Color Defect (Major & Minor).............................. 13.8 16.0 19 51 96 200 316 430
Core Material................................................... 2.17 3.0 4 11 19 37 56 76
Fragments....................................................... 3.8 5.0 7 17 31 61 94 127
Mechanical Damage............................................... 17.6 20.0 24 63 121 251 398 544
Loose Leaves (each piece)....................................... 6.4 8.0 10 26 48 98 153 208
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 52.728 Sample size.
The sample size used to determine whether the requirements of these
standards are met shall be as specified in the sampling plans and
procedures in the ``Regulations Governing Inspection and Certification
of Processed Fruits and Vegetables, Processed Products Thereof, and
Certain Other Processed Products'' (7 CFR 52.1 through 52.83).
Sec. 52.729 Acceptance criteria.
(a) Style. A lot of frozen cauliflower, is considered as meeting
the requirements for style if the requirements in Sec. 52.723, as
applicable, are not exceeded.
(b) Quality Factors. A lot of frozen cauliflower is considered as
meeting the requirements for quality if:
(1) The prerequisites specified in Sec. 52.726 are met; and
(2) The Acceptance Numbers in Table I or II in Sec. 52.727, as
applicable, are not exceeded.
(c) Single Sample Unit. Each unofficial sample unit submitted for
quality evaluation will be treated individually and is considered as
meeting requirements for quality and style if:
(1) The prerequisites specified in Sec. 52.726 are met; and
(2) The Acceptable Quality Levels (AQL's) in Tables I & II in
Sec. 52.723 and Sec. 52.727, as applicable, are not exceeded.
Dated: November 20, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-28632 Filed 11-22-95; 8:45 am]
BILLING CODE 3410-02-P
