[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62709-62710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29791]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 52
[FV-95-329]
United States Standards for Grades of Frozen Field Peas and
Frozen Black-Eye Peas
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule amends the existing U.S. grade
standards for Frozen Field Peas and Frozen Black-Eye Peas and removes
the color attributes requirements for frozen black-eye peas and frozen
cream peas to have ``obvious green color''. This change allows
producers of frozen field peas and frozen black-eye peas the option to
pack black-eye peas and cream peas without the requirement that these
peas have an ``obvious green color''. The requirement for obvious green
colored peas has forced changes in current harvesting practices and
required that food processors supplement their pack with imported peas,
of similar varieties, in order to meet the ``Grade A'' color
requirement. Removing the requirement for green color resolves this
issue for the industry since crops are harvested later in the season
under current harvesting practices. This revision enables the frozen
food industry to produce frozen black-eye peas and frozen field peas
more efficiently.
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, PO Box 96456, Washington, DC
20090-6456. 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, PO
Box 96456, Washington, DC 20090-6456, Telephone (202) 720-4693.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under the
United States Standards for Grades of Frozen Field Peas and Frozen
Black-Eye Peas (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 is issuing this rule in conformance
with Executive Order 12866.
The Department of Agriculture 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
challenge 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, Public Law 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 grade
standards for frozen field peas and frozen black-eye peas. AFFI is a
trade association representing over 560 food industry companies that
accounts for over 90 percent of frozen food production in the United
States. The frozen food industry requested USDA revise the grade
standards to bring it in line with current harvesting and marketing
practices. This would give economic relief to the frozen field pea and
black-eye pea industry.
The U.S. grade standards are voluntary standards. However, there is
widespread use of the standards in contracts.
When these grade standards were promulgated in 1976, it included a
``Grade A'' color requirement for frozen black-eye peas and cream peas
that approximately 14 percent of these type peas have an obvious green
color. This requirement was applicable when hand harvesting techniques
forced growers to harvest their crops earlier in the growing season
which allowed for a high percentage of immature peas. Today, modern
mechanical harvesting techniques allow growers to harvest these types
of peas with more mature pods that are easily shelled.
[[Page 62710]]
The requirement for these types of peas to have an obvious green
color has caused undue economic stress on the industry. Frozen field
pea and black-eye pea processors must purchase imported, hand-harvested
peas and blend them with domestic crops to meet the ``Grade A'' color
requirement. AFFI estimates that 10 million pounds of imported peas
must be purchased by U.S. processors per year at an approximate annual
cost of more than $2 million.
Based on all the information received, USDA is amending Section
52.1669 in the United States Standards for Grades of Frozen Field Peas
and Frozen Black-Eye Peas by removing the color attributes requirements
for frozen black-eye peas and frozen cream peas from the text and Table
III of this section.
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 field
peas and frozen black-eye peas.
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 field peas and black-eye peas has already begun,
the standards are voluntary, and this revision of the standards that
permits the industry to more efficiently meet market needs, also
reduces costs to the consumers. This rule also provides a 30-day
comment period. The Department will consider all comments received
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 record keeping requirements, Vegetables.
For the reasons set forth in the preamble, the U.S. Department of
Agriculture proposes to amend 7 CFR part 52 to read as follows:
PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS\1\
Subpart--United States Standards for Grades of Frozen Black-eye
Peas and Frozen Field Peas
1. The authority citation for Part 52 is revised to read as
follows:
\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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Authority: 7 U.S.C. 1622-1624.
2. In Sec. 52.1669, paragraphs (a), (b), and Table III in paragraph
(c) are revised to read as follows:
Sec. 52.1669 Classification of color and grade compliance.
(a) General. The requirement for ``color attributes'' is applicable
for Grade A classification only. ``Color attributes'' do not apply to
units of black-eye peas, cream peas, or units of ``snaps'' in the style
of ``frozen peas with snaps.''
(b) Color attributes. ``Color attributes'' are defined as follows:
(1) ``Crowder peas.'' Each unit with a color that is characteristic
of very young peas.
(2) ``Field peas'' and ``mixed types.'' Each unit with a color that
is characteristic of very young peas.
(c) * * *
Table III.--Color Attributes
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Absolute limit (AL) Minimum number
--------------------------------------------------- permitted
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73 119
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Number of sample units Field
peas, and Crowder
mixed peas
types
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1................................................. 84 133
2................................................. 175 276
3................................................. 268 421
4................................................. 362 566
5................................................. 456 712
6................................................. 551 859
7................................................. 646 1006
8................................................. 741 1153
9................................................. 837 1148
10................................................ 932 1596
11................................................ 1028 1596
12................................................ 1124 1744
13................................................ 1220 1892
14................................................ 1315 2040
15................................................ 1411 2188
16................................................ 1508 2336
17................................................ 1604 2485
18................................................ 1700 2633
19................................................ 1796 2782
20................................................ 1892 2930
21................................................ 1989 3079
Acceptable quality Level (AQL)\1\................. 14.0 21.50
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\1\Based on an average count of 1400 units for ``White Acre'' peas and
700 units for all other types per 10 ounce package.
Dated: December 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-29791 Filed 12-6-95; 8:45 am]
BILLING CODE 3410-02-P
