[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Rules and Regulations]
[Pages 11242-11244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4952]
[[Page 11241]]
_______________________________________________________________________
Part V
Department of Agriculture
_______________________________________________________________________
Agricultural Marketing Service
_______________________________________________________________________
7 CFR Part 51
Blueberries; Grade Standards; Final Rule
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules
and Regulations
[[Page 11242]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-92-301]
Blueberries; Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule revises the United States Standards for Grades
of Blueberries by adding another species of cultivated blueberries,
eliminating size as a requirement of the grade, revising tolerances and
applications of tolerances to percentages of defective berries,
specifying allowable amounts for defects caused by scars and well
healed broken skins, redefining terms to more clearly reflect current
cultural and marketing practices, and providing a format consistent
with other recently revised U.S. grade standards. The Agricultural
Marketing Service (AMS), in cooperation with industry and other
interested parties, has the responsibility to develop and improve
standards of quality, condition, quantity, grade and packaging in order
to facilitate efficient marketing of agricultural commodities.
EFFECTIVE DATE: March 20, 1995.
FOR FURTHER INFORMATION CONTACT: Frank O'Sullivan, Fresh Products
Branch, Fruit and Vegetable Division, Agricultural Marketing Service,
U.S. Department of Agriculture, P.O. Box 96456, Washington, DC 20090-
6456, (202) 720-2185.
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 (5 U.S.C. 601 et seq.), the Administrator of the
Agricultural Marketing Service (AMS) has determined that this action
will not have a significant economic impact on a substantial number of
small entities. The revision of the U.S. Standards for Grades of
Blueberries will not impose substantial direct economic cost,
recordkeeping, or personnel workload changes on small entities, and
will not alter the market share or competitive position of these
entities relative to large businesses. In addition, under the
Agricultural Marketing Act of 1946, the use of these standards is
voluntary.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have retroactive
effect. This final 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 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 proposed rule, United States Standards for Grades of
Blueberries, was published in the Federal Register on November 19, 1993
(58 FR 61033-61035).
The North American Blueberry Council (NABC), which represents the
majority of blueberry growers and packers in the United States and
Canada, formally requested USDA to revise the United States Standards
for Grades of Blueberries which were last revised in June 1966. The
NABC requested that the standards be revised in order to bring them
into conformity with current cultural, harvesting, and marketing
practices. The NABC contends that due to changes in harvesting
practices, more growers using mechanical harvesters versus hand
picking, and new improved varieties, the changes are necessary.
The comment period ended January 18, 1994, and a total of nineteen
comments were received from growers, shippers, receivers, and
researchers. In addition, recommendations were received from inspection
personnel.
Nine comments were in favor of the proposal in its entirety. These
comments agreed that due to changes in current cultural, harvesting,
and marketing practices of blueberries, it was necessary to change the
standards as proposed.
Three comments suggested eliminating the basic requirement ``not
wet.'' They felt that blueberries that are wet from condensation would
be scored against this requirement, and perfectly good blueberries
would be scored as defects. AMS believes that the definition under the
``damage'' section clearly states that wet berries are damaged when
``the individual berry is wet from juice from crushed, leaking, or
decayed berries, but not due to condensation,'' and thereby good
blueberries would not be scored as defects.
Three comments were in favor of the proposal with some changes. All
three of the comments expressed the opinion that a minimum size should
be specified, or that size should be part of the grade. Two of these
comments also stated that the ten percent tolerance for attached stems
is too high. One of these comments stated that the tolerances should be
based on number of defects and not percentages, with no allowance for
``leakers.'' AMS feels that size should not be part of the grade since
blueberries are not packed by size. However, the size classification
section should be left in the standards for common marketing
terminology. The NABC specifically requested that tolerances be in
percentages and that an additional allowance be made for attached
stems. Further, tolerances based on percentages rather than number of
berries would be more simplistic for inspectors, industry, and other
interested parties; a chart of the number of berries allowed for
various defects would no longer be needed. Since some varieties of
blueberries have stems which adhere more readily to the berry, or
growing conditions cause the stems to remain attached, a ten percent
allowance for attached stems is needed so as to take into account
certain varieties with inherent characteristics. Therefore, AMS
believes the tolerances for defects and the allowance for attached
stems should remain as they were in the proposal.
Two comments opposed the proposed definition of damage by
shriveling, which stated ``shriveling when the skin is slightly
wrinkled.'' They were of the opinion that the term ``slightly
wrinkled'' meant that the berries would be observed under close
scrutiny and when wrinkling was found to any degree the berries would
be scored. The commentors proposed that the definition be changed to
``shriveling when the wrinkling is readily noticeable.'' This would
mean that only the wrinkling found upon casual observation would be
scored as a defect. One of the commentors also felt that having a
definition for ``damage by green berries'' and a definition for ``well
colored'' was redundant. They felt that the ``damage by green berries''
should be deleted. AMS agrees with the comments as to ``shriveling''
and the definition of damage by shriveling will be ``when the wrinkling
is readily noticeable.'' In regard to the comment of ``damage by green
berries'' and ``well colored,'' AMS feels that green berries would be
considered immature berries and berries that are not well colored may
be mature but simply do not meet the color requirements. AMS believes
that buyers and sellers would want to know the distinction between
these two defects.
One comment from an exporter did not address the provisions of the
proposal. [[Page 11243]]
One comment stated the following: ``stems should not be counted as
defects unless excessive--50 or more per pint; shriveled berries should
not be counted as defects unless excessive--20 or more per pint;
berries with picking scars or split by excessive rain or moisture, but
are not overripe, with healed scars, would not be counted as soft
berries; and soft berries are those that are overripe, bleeding, and
certain to cause molding within 24 hours.'' AMS believes that all of
these issues have been addressed in the revised standards by: Defining
under damage and serious damage how much each blueberry may be affected
by a certain defect; in the application of tolerance section defining
the percentage of blueberries that may be defective in each sample; and
in the tolerance section defining the percentage of defective
blueberries which are allowed in a load or lot of blueberries.
One recommendation was made concerning the ``definitions for damage
and serious damage by scars is too loose.'' It was suggested that only
the scars that are fairly smooth and have no depth be scored as
outlined in the proposed standards. AMS believes that scars are too
small to distinguish as to their smoothness or depth, and has decided
to leave the definition of damage and serious damage by scars as
proposed.
One recommendation made several suggestions for changing
definitions of various defects. Clusters were proposed to be changed to
``3 or more joined capstems with more than one berry attached.''
Shriveling was proposed to be changed to ``more than slightly
wrinkled.'' It was recommended that broken skins, regardless of whether
they are well healed or not should be scored as serious damage, except
for an allowable area around the stem scar. Also, damage by scars
should be changed from 20 percent of the surface to 25 percent of the
surface. Mummified berries should include in its definition those
berries that are in the process of being mummified. AMS does not
believe that these changes are warranted due to the inconsistencies
these changes would create with other standards and with the scoring of
the above defects. However, as stated previously, the definition of
``damage by shriveling'' will be applied ``when shriveling is readily
noticeable.''
One recommendation suggested an additional grade for higher quality
blueberries should be inserted in the standards. Also, size should be
determined by weight, since ``cup'' could be confusing and is not
precise enough. Finally, it was felt that the current size
classifications do not allow for loads and/or lots of blueberries that
contain both medium and large size berries in the same lot. The NABC
made it clear to AMS that it did not want an additional grade in the
standards. Also, most commodities are marketed on the basis of U.S. No.
1 and it is felt that other grades would not be necessary. AMS feels
that determining size by weight would be more difficult due to the
modest size of the berries. AMS did make allowances in the tolerances
for ``off-size'' to allow for blueberries that contain both medium and
large size berries in the same lot.
The Agricultural Research Service of the Department stated that it
is ``not aware of any research data or other information relevant to
the possible effect of the `cosmetic appearance' elements of the
proposed rulemaking on pesticide use on blueberries.''
AMS develops and improves standards of quality, condition, grade,
and packaging in order to facilitate efficient marketing. The
provisions of this final rule are the same as those in the proposed
rule, except for the changes noted above in response to the comments
received, and several minor editorial changes made for clarity.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food grades and standards, Fruits, Nuts,
Reporting and recordkeeping requirements, Vegetables.
PART 51--[AMENDED]
For reasons set forth in the preamble, is amended as follows:
1. The authority citation for 7 CFR Part 51 continues to read as
follows:
Authority: 7 U.S.C. 1622, 1624.
Subpart--United States Standards for Grades of Blueberries
2. Sections 51.3475 through 51.3479 and the undesignated center
headings are revised to read as follows:
General
Sec. 51.3475 General.
(a) These standards apply only to selected and hybrid varieties of
the highbush (Vaccinium australe Small and Vaccinium corymbosum L.) and
rabbiteye (Vaccinium ashei Reade) blueberries produced under
cultivation, but not to other species of the genus Vaccinium nor to the
true huckleberries of the genus Gaylussacia.
(b) Because of the size differences between varieties and the
difference in size preference in various markets, there are no size
requirements in the grade. Therefore, size will not be determined
unless specifically requested by the applicant. If requested, size may
be specified as provided in Sec. 51.3477.
Grade
Sec. 51.3476 U.S. No. 1.
``U.S. No. 1'' consists of blueberries which meet the following
requirements:
(a) Basic requirements:
(1) Similar varietal characteristics;
(2) Clean;
(3) Well colored;
(4) Not overripe;
(5) Not crushed, split, or leaking; and
(6) Not wet.
(b) Free from:
(1) Attached stems;
(2) Mold;
(3) Decay;
(4) Insects or when there is visible evidence of the presence of
insects;
(5) Mummified berries; and
(6) Clusters.
(c) Free from damage caused by:
(1) Shriveling;
(2) Broken skins;
(3) Scars;
(4) Green berries; and
(5) Other means.
(d) Tolerances as specified in Secs. 51.3478 (a) and (b) and
applied pursuant to Sec. 51.3479.
Size Classifications
Sec. 51.3477 Size classifications.
The following size classifications may be used in specifying size
of blueberries:
(a) Extra large. Less than 90 berries per cup;\1\
\1\Cup equals 237 ml, \1/2\ pint, or 2 gills.
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(b) Large. 90 to 129 berries per cup;1
(c) Medium. 130 to 189 berries per cup;1 and,
(d) Small. 190 to 250 berries per cup.1
(e) For tolerances see Sec. 51.3478.
Tolerances
Sec. 51.3478 Tolerances.
In order to allow for variations incident to proper grading and
handling, based on sample inspection, the following tolerances, by
count, shall be allowed:
(a) For defects at shipping point.2 Ten percent for
blueberries which have attached stems. Additionally, not more than 8
percent of the blueberries may be below the remaining requirements of
the grade: Provided, that included in this amount not more than 4
percent shall be allowed for defects causing serious
[[Page 11244]] damage, including in this latter amount not more than 1
percent for blueberries which are affected by mold or decay.
\2\Shipping point, as used in the standards in this subpart,
means the point of origin of the shipment in the producing area or
at port of loading for ship stores or overseas shipment, or, in the
case of shipments from outside the continental United States, the
port of entry into the United States.
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(b) For defects en route or at destination. Ten percent for
blueberries which have attached stems. Additionally, not more than 12
percent of the blueberries may be below the remaining requirements of
the grade: Provided, that included in this amount not more than the
following percentages shall be allowed for defects listed:
(1) 8 percent for blueberries which fail to meet the requirements
for this grade because of permanent defects; or,
(2) 6 percent for blueberries which are seriously damaged,
including therein not more than 4 percent for blueberries which are
seriously damaged by permanent defects and not more than 2 percent for
blueberries which are affected by mold or decay.
(c) Off-size: When size is designated according to one or more of
the size classifications in Sec. 51.3477, not more than 10 percent of
the samples in any lot or one sample, whichever is the greater number,
may fail to meet the range in count specified.
Application of Tolerances
Sec. 51.3479 Application of tolerances.
Individual samples are subject to the following limitations:
Provided, that the averages for the entire lot are within the
tolerances specified for the grade:
(a) For a tolerance of 10 percent or more, individual samples may
contain not more than one and one-half times the tolerance specified.
(b) For a tolerance of less than 10 percent, individual samples may
contain not more than double the tolerance specified.
3. Sections 51.3482 and 51.3483 are revised to read as follows:
Sec. 51.3482 Well colored.
Well colored means that more than one-half of the surface of the
individual berry is blue, bluish-purple, purple, bluish-red, or bluish-
black.
Sec. 51.3483 Overripe.
Overripe means that the individual berry is dead ripe, the flesh is
soft and mushy, and past commercial utility.
4. Sections 51.3484 and 51.3485 are removed and Sec. 51.3486 is
redesignated 51.3484 and is revised to read as follows:
Sec. 51.3484 Damage.
Damage means any specific defect described in this section, or an
equally objectionable variation of any one of these defects, any other
defect, or any combination of defects, which materially detracts from
the appearance, or the edible or marketing quality of the blueberries.
The following specific defects shall be considered as damage:
(a) Wet berries when the individual berry is wet from juice from
crushed, leaking, or decayed berries, but not due to condensation;
(b) Clusters when there are three or more joined capstems with at
least one berry attached;
(c) Shriveling when the wrinkling is readily noticeable;
(d) Broken skins when not well healed or when well healed and
readily noticeable, except for an allowable area within a \1/8\ inch
(3.2 mm) circle centered at the stem scar;
(e) Scars when affecting more than 20 percent of the surface of the
individual berry; and,
(f) Green berries when one-half or more of the berry is green.
5. Section 51.3487 is redesignated 51.3485 and is revised to read
as follows:
Sec. 51.3485 Serious damage.
Serious damage means any specific defect described in this section,
or an equally objectionable variation of any one of these defects, any
other defect, or any combination of defects, which seriously detracts
from the appearance, or the edible or marketing quality of the
blueberries. The following specific defects shall be considered as
serious damage:
(a) Decay;
(b) Moldy berries;
(c) Overripe berries;
(d) Crushed, split, or leaking berries;
(e) Mummified berries when the individual berry is dried up,
withered or shrunken;
(f) Insects or when there is any visible evidence of the presence
of insects, including but not limited to an insect, the insect larva,
feeding, webbing or frass;
(g) Broken skins when not well healed; and,
(h) Scars when affecting more than 50 percent of the surface of the
individual berry.
Dated: February 23, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-4952 Filed 2-28-95; 8:45 am]
BILLING CODE 3410-02-P
