[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Rules and Regulations]
[Page 48066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23318]
[[Page 48066]]
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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: Final rule.
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SUMMARY: The Department of Agriculture (USDA) is adopting as a final
rule with change the provisions of an interim final rule amending U.S.
grade standards for Frozen Field Peas and Frozen Black-Eye Peas. The
change would allow 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.'' In
addition, this rule enables the frozen food industry to produce frozen
black-eye peas and frozen field peas more efficiently.
EFFECTIVE DATE: October 15, 1996.
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 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. 1621-
1627), hereinafter referred to as the Act. The USDA is issuing this
rule in conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, 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 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 Agricultural Marketing Service 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, (5 U.S.C.
601 et seq.), because it reflects current marketing practices. In
addition, these standards are voluntary. Therefore, a small entity may
avoid incurring any additional economic impact by not employing the
standards. Further, no additional costs are expected to result from
this action for producers and benefits derived from this action may be
passed on to consumers.
The American Frozen Food Institute (AFFI) 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 account
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.
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 amended Section 52.1669
in the United States Standards for Grades of Frozen Field Peas and
Frozen Black-Eye Peas by removing the color attribute 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.
The interim final rule became effective when it was published in
the Federal Register (60 FR 62709) on December 7, 1995, with a 30-day
comment period. In response to the interim final rule the only comment
received was from AFFI, which agreed with this revision.
This action will finalize the interim final rule. An editorial
change will be made for clarity in Section 52.1669 (b)(2) to specify
that in the classification of color for ``field peas'' and ``mixed
types'', ``black-eye peas'' and ``cream peas'' are not considered. In
addition, in the interim final rule, corrections are made to the
authority citation.
List of Subjects in 7 CFR Part 52
Food grades and standards, Food labeling, Frozen foods, Fruit
juices, Fruits, Reporting and recordkeeping requirements, Vegetables.
Accordingly, the interim final rule amending 7 CFR part 52, which
was published at 60 FR 62710 on December 7, 1995, is adopted as a final
rule with the following change.
PART 52--[AMENDED]
1. The authority citation for part 52 is revised to read as
follows:
Authority: 7 U.S.C. 1621-1627.
2. In Sec. 52.1669, paragraph (b)(2) is revised to read as follows:
Sec. 52.1669 Classification of color and grade compliance.
* * * * *
(b) * * *
(2) ``Field peas'' and ``mixed types''. Each unit with a color that
is characteristic of very young peas (``black-eye peas'' and ``cream
peas'' are not considered.)
Dated: September 6, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-23318 Filed 9-11-96; 8:45 am]
BILLING CODE 3410-02-P
