[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62708-62709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29790]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[FV-95-328]
United States Standards for Grades of Frozen Okra
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This document amends the existing U.S. standards for frozen
okra to remove references to trimmed pods. This change will allow
producers of frozen okra the option to pack whole and cut okra without
trimming. Also, a conforming change is made to language in the
standards removing the reference to ``apparent untrimmed pods.'' This
change enables the frozen okra industry to produce frozen okra more
efficiently and better meet market needs.
DATES: Effective December 7, 1995. Comments received by January 8,
1996, will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. 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, room 0709, South Building, P.O. Box 96456, Washington,
D.C. 20090-4693. Comments should reference 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, room 0709, South Building,
P.O. Box 96456, Washington, D.C. 20090-6456, Telephone (202) 720-4693.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under the
United States Standards for Grades of Frozen Okra (7 CFR Part 52) to
improve grade standards. The standards are effective under the
Agricultural Marketing Act of 1946 as amended (7 U.S.C. 1622, 1624),
hereinafter referred to as the Act.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
The Department is issuing this rule in conformance with Executive
Order 12778, Civil Justice Reform. This action is not intended to have
retroactive effect. This interim final rule will not preempt any State
or local laws, regulations, or policies, unless they present
irreconcilable conflict with this rule. There are no administrative
procedures which must be exhausted prior to any judicial challange to
the provisions of this rule.
The AMS Administrator has certified that this action will not have
a significant economic impact on a substantial number of small
entities, as defined in the Regulatory Flexibility Act, P.L. 96-354 (5
U.S.C. 601 et seq.), because it reflects current marketing practices.
In addition, these standards are voluntary. A small entity may avoid
incurring any additional economic impact by not employing the
standards.
The American Frozen Food Institute (AFFI) has petitioned for
emergency relief from a requirement in the United States frozen okra
standards. AFFI is a trade association representing over 560 food
industry companies that account for over 90 percent of frozen food
production in the United States. The frozen okra industry requested
that USDA revise the grade standards for frozen okra so that producers
of frozen okra will have the option to pack whole and cut okra without
trimming and still meet the requirements of the United States Standards
for Grades of Okra. The U.S. grade standards are voluntary standards.
However, there is widespread use of the standards for frozen okra in
contract requirements.
When the United States grade standards were first issued, okra was
cut by hand. With the advent of mechanical harvesting, the techniques
of harvesting have changed. Also processing equipment, including
electronic sorters, has improved the quality such that the frozen okra
industry can control quality more effectively without extensive
handling.
Moreover, AFFI stated in its petition to revise the standards that
since the frozen okra standards were last revised in 1969, new
varieties have been established which leave the stems edible and tender
when harvested with pods of the desirable length for freezing. AFFI
noted that all other forms of whole okra including fresh, pickled,
etc., are marketed untrimmed. AFFI also stated that the cost associated
with trimming frozen whole okra was approximately $.0625 per pound of
okra. Based on 1994 United States production of 65,114,000 pounds of
frozen okra sold, trimming okra costs U.S. processors of frozen okra
approximately $4,069,625 each year. AFFI claimed that in the time it
takes to revise the frozen okra standard through ordinary channels,
frozen okra processors could incur costs of more than $8 million.
Based on all the information received, USDA is changing the grade
standards by amending the product description in Secs. 52.1511 and
52.1512, Styles, in the United States Standards for Grades of Frozen
Okra. Also, in Sec. 52.1517(c)(5)(i), ``apparent untrimmed pods'' is
removed from the standards as a defect since it no longer applies.
No additional costs are expected to result from this action for
producers and benefits derived from this action may be passed on to
consumers. This change is expected to facilitate marketing of frozen
okra.
Pursuant to 5 U.S.C. 553, it is found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule upon publication in the Federal Register because the
harvesting season for okra has already begun, the standards are
voluntary, and this revision of the standards that permits the industry
to more efficiently meet market needs, may reduce costs to the
consumers. This rule also provides a 30-day comment period. The
Department will consider all comments received
[[Page 62709]]
within the comment period prior to finalizing this rule.
List of Subjects in 7 CFR Part 52
Food grades and standards, Food labeling, Frozen foods, Fruit
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.
For the reasons set forth in the preamble, 7 CFR Part 52 is amended
as follows:
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS\1\
\1\May include the following: Honey; molasses, except for
stockfeed; nuts and nut products, except oil; sugar (cane, beet, and
maple); sirups (blended), sirups, except from grain; tea, cocoa,
coffee, spices, condiments.
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Subpart--United States Standards for Grades of Frozen Okra
1. The authority citation for Part 52 continues to read as follows:
Authority: 7 U.S.C. 1622-1624.
2. Sec. 52.1511 is revised to read as follows:
Sec. 52.1511 Product description.
Frozen okra is the product prepared from clean, sound, succulent,
and edible fresh pods of the okra plant (Hibiscus esculentus) of the
green variety. The product may or may not be trimmed, is properly
prepared and properly processed, and is then frozen and stored at
temperatures necessary for preservation.
Sec. 52.1512 [Amended]
3. In Sec. 52.1512, paragraph (a) immediately following the words
``consists of trimmed'' the words ``, or untrimmed'' are added and in
paragraph (b) the words ``, or untrimmed'' are added after the words
``is trimmed''.
Sec. 52.1517 [Amended]
4. Sec. 52.1517 is amended by removing paragraph (c)(5)(i) and
redesignating paragraphs (c)(5)(ii) through (c)(5)(vi) as paragraphs
(c)(5)(i) through (c)(5)(v), respectively.
Dated: December 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-29790 Filed 12-06-95; 8:45 am]
BILLING CODE 3410-02-P
