[Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23920]
[Federal Register: September 28, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 51
[Docket Number FV-92-303]
Apricots: Grade Standards
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises the United States Standards for Grades
of Apricots. The revision specifies definitions that do not appear in
the standard but are described in the inspection instructions and
brings up to date any obsolete terms and definitions. In addition, the
revision will provide metric equivalents for dimensions given in terms
of U.S. Customary units and contains conforming and editorial changes.
EFFECTIVE DATE: October 28, 1994.
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 D.C. 20090-
6456, (202) 720-2185.
SUPPLEMENTARY INFORMATION: This rule is exempt from Executive Order
12866 review.
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. This final rule for the revision of U.S. Standards for
Grades of Apricots 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 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 United States Standards for Grades of Apricots became effective
on May 25, 1928, and has not been revised since then. In June 1992, the
Washington Apricot Marketing Committee (WAMC) requested the USDA to
revise the standard. Consisting of producers from various districts
throughout the State, the WAMC recommends minimum size, pack, and grade
requirements each year for the Federal Marketing Order on Washington
State grown apricots. Specifically, the WAMC requested that skin breaks
(cuts and stem punctures), and stem pulls be changed from ``free from''
defects to ``free from damage'' or ``serious damage'' defects in the
U.S. No. 1 and U.S. No. 2 grades, respectively. Such changes would have
the effect of allowing these defects on fruit in various degrees
without being scored against the grade (versus ``free from'' which
means they are scored on sight). According to the WAMC, ``This will
provide the industry with the opportunity to expand markets into
Canada.'' WAMC also suggested that the Department should make any other
revisions deemed necessary.
AMS reviewed these issues to ascertain the need for the change
proposed by WAMC as well as other technical changes or updates that the
Agency believed may be helpful. Many suggestions and comments were
received pertaining to an informal market survey by AMS. These comments
reinforced that updating changes were necessary to bring the standard
in line with today's marketing practices.
These changes as well as the request by the WAMC pertaining to skin
breaks were incorporated in the proposed rule, United States Standards
for Grades of Apricots [7 CFR 51.2925-51.2934], which was published in
the Federal Register on January 11, 1994 [59 FR 1490]. The 60-day
comment period ended March 14, 1994, and a total of fourteen comments
were received concerning the proposal.
Six of these comments were in favor of the proposal. Four of these
commentors were shippers/packers/growers from Washington State, one
from Idaho, and one from California. One commentor who felt that the
standard should allow some skin breaks asserted that, ``We felt that
these were very good quality apricots and would have been received by
our Canadian customers and they would have been very well satisfied
with our quality just like our customers in the United States.''
Another commentor stated that ``This injury is slight, and does not
detract from the quality or appearance of the fruit, but under present
U.S. grade standards it can not be marketed.''
A comment from a grower in Idaho suggested extending the definition
to hail damage. The proposal considers a broken skin due to hail to be
considered as serious damage. However, the grower suggested providing a
\3/16\ inch aggregate surface area and \1/16\ inch depth maximum
allowance to broken skins due to hail injury.
Also, a grower/packer/shipper from California commented that
although they intended to maintain their current level of quality, they
did not object to the proposal to lower the grade standards. ``If
Washington state apricot shippers perceive a market for their apricots
with reduced grade standards, then they must be allowed to access that
market. Lowering the export grade standard does not require export
buyers to purchase product with more defects. It does, however, provide
them with an option for access to possibly more product at a
potentially more attractive price to consumers. Although this may
result in reduced market share for California apricot shippers, it must
not be the intent of grade standards to grant favor to one shipping
region over another. The dynamics of the marketplace must prevail
without the intervention of excessive grade standards that prohibit a
mutually beneficial transaction between a buyer and seller.''
Eight comments were received which were against the proposed
changes regarding skin breaks. Six of these comments were from grower/
packer/shippers in the State of California, one comment from the
California Apricot Advisory Board (CAAB), and one comment from the
National Association of Perishable Agricultural Receivers (NAPAR).
One grower from California commented, ``My experience with skin
breaks (cuts and stem punctures) on mature apricots is not good.
Discoloration and rot begin to form almost immediately after a skin
break occurs at harvest time. This severely shortens the already short
shelf life of the damaged apricot. Neither the retailer nor the
consumer benefit in such a situation.''
Another grower commented, ``We feel that if growers and shippers
such as those in Washington are allowed to ship lower quality and
potentially disease-vulnerable fruit the opportunity to build a growing
and reliable export market will be severely retarded.''
The CAAB noted in its comment three reasons for objecting to the
skin break changes: (1) ``Increasing the size and depth of skin breaks,
stem pulls and bruises will further reduce the grocery trade's
confidence in U.S. Apricots * * * Questionable and erratic quality of
apricots is still one of this industry's serious problems.'' (2) ``The
next several years will see a substantial increase in the production of
apricots both in California and Washington. This means that export
potential will be needed to absorb this volume growth. Fruit that has
greater damage tolerances at present will severely threaten our ability
to utilize this vitally needed outlet. Export markets take longer to
reach increasing the danger of fruit spoilage from wounds.'' (3) ``It
can't be stressed enough that the risk of infected fruit spreading to
entire containers and even loads by the time they reach their
destination is a potential problem far beyond that of approving just a
few damaged apricots at point of inspection.''
NAPAR's comment summarized its viewpoint with the following
statement, ``We oppose the removal of fresh cuts, stem puncture and
stem pulls from the FREE FROM defects clause in both grades, U.S. No. 1
and U.S. No. 2. These defects will permit pathogenic microorganisms to
enter the product at shipping point, developing during transit, distant
terminal markets, storage and or at retail outlets and develop into
decay or serious discolorations resulting in great losses to the
receivers and retailers. Additionally and not of lesser importance, if
we allow the marketing of apricots in a world wide produce marketing
system, we can expect other countries to request to import into the
United States fruits of the same poor quality or otherwise unsalable
product. To prevent foreign countries from requesting to import to the
United States product of this quality and condition, we should maintain
a strict U.S. Standards for Grades of all commodities grown in the
United States of America.''
AMS has considered these comments and agrees that skin breaks
should remain as a ``free from'' defect for both grades. The agency
also believes that the other changes proposed to update and modernize
the standard are important and will be incorporated as a result of this
final rule.
The rationale for this decision is two-fold: First, the record
supports maintaining the definition of skin breaks as it now exists in
the standard. As indicated above, the stronger case is made for not
allowing greater damage tolerances. Second, most comments in favor of
the proposed change were based on the belief that this would allow
shipment of more apricots into Canada.
Canadian Import Requirements state that apricots must meet a U.S.
grade to be shipped to Canada. If apricots fail to grade based on skin
breaks, then the lot cannot be shipped to Canada. The Canadian
government generally defines its import requirements in terms of U.S.
standards for the convenience of U.S. shippers, but that does not mean
the U.S. standards have to be the terms of regulation for the Canadian
government's import requirements. Ultimately, inclusion of skin breaks
in the U.S. standard may only prompt the Canadian government to specify
their requirements for no skin breaks outside the standard.
The Agricultural Marketing Service (AMS) develops and improves
standards of quality, condition, grade, and packaging to enhance the
marketing of agricultural commodities by fostering consistency in
commercial practices. The Agency has determined this final rule will
enhance the marketing of apricots. The provisions of this final rule
are the same as those in the proposed rule except for skin breaks as
previously mentioned and for the editorial changes made for clarity.
Accordingly, this revision shall become effective 30 days after
publication in the Federal Register.
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, 7 CFR part 51 is amended as
follows:
PART 51--[AMENDED]
1. The authority citation for 7 CFR Part 51 is revised to read as
follows:
Authority: 7 U.S.C. 1622, 1624.
2. In Part 51, Subpart--United States Standards for Apricots is
revised to read as follows:
Subpart--United States Standards for Grades of Apricots
Grades
Sec.
51.2925 U.S. No. 1.
51.2926 U.S. No. 2.
Marking and Packing Requirements
51.2927 Marking and packing requirements.
Tolerances
51.2928 Tolerances.
Application of Tolerances
51.2929 Application of Tolerances.
Definitions
51.2930 Mature.
51.2931 Well formed.
51.2932 Damage.
51.2933 Serious damage.
51.2934 Diameter.
Subpart--United States Standards for Grades of Apricots
Grades
Sec. 51.2925 U.S. No. 1.
``U.S. No. 1'' shall consist of apricots of one variety which are
mature but not soft, overripe, or shriveled and which are well formed,
free from decay, cuts, skin breaks, and worm holes and free from damage
caused by limbrubs, russeting, growth cracks, dirt, scab, scale, hail,
bruises, disease, insects, or mechanical or other means. For tolerances
see Sec. 51.2928.
Sec. 51.2926 U.S. No. 2.
``U.S. No. 2'' shall consist of apricots of one variety which are
mature but not soft, overripe or shriveled and which are free from
decay, cuts, skin breaks, and worm holes and free from serious damage
caused by limbrubs, growth cracks, dirt, scale, hail, bruises, disease,
insects, or mechanical or other means. For tolerances see Sec. 51.2928.
Marking and Packing Requirements
Sec. 51.2927 Marking and packing requirements.
The minimum size or numerical count of the apricots in any package
shall be plainly labeled, stenciled, or otherwise marked on the
package.
(a) Numerical count. When the numerical count is used the fruit in
any sample shall not vary more than one-fourth inch in diameter. See
Sec. 51.2928(b) Size for tolerances.
(b) Minimum size. ``Minimum size'' refers to the diameter of the
smallest apricot in the package. It shall be stated in terms of whole
and eighth inches, as 1\1/2\ inches min., 1\5/8\ inches min., etc., in
accordance with the facts.
Tolerances
Sec. 51.2928 Tolerances.
In order to allow for variations incident to proper grading and
handling the following tolerances are provided as specified:
(a) Defects--(1) U.S. No. 1 grade. Not more than 10 percent, by
count, of any lot may be below the requirements of this grade and
provided that not more than 5 percent, shall be allowed for defects
causing serious damage and further provided that not more than 1
percent, shall be allowed for decay.
(2) U.S. No. 2 grade. Not more than 10 percent, by count, of any
lot may be below the requirements of this grade, and not more than 1
percent shall be allowed for decay.
(b) Size. (1) If packages are marked with numerical count: Not more
than 10 percent of the samples in a lot may fail the one-quarter inch
variation requirement designated in Sec. 51.2927 paragraph (a).
(2) If packages are marked with minimum size: Not more than 10
percent, by count, of the apricots in any sample may be below the
minimum size specified.
Application of Tolerances
Sec. 51.2929 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 in
any lot may contain not more than one and one-half times the tolerance
specified, except that 1 decayed or 1 seriously damaged specimen may be
permitted in any sample.
(b) For a tolerance of less than 10 percent, individual samples in
any lot may contain not more than double the tolerance specified,
except that 1 decayed specimen may be permitted in any sample.
Definitions
Sec. 51.2930 Mature.
Mature means having reached the stage of development which will
insure a proper completion of the ripening process.
Sec. 51.2931 Well formed.
Well-formed means having the shape characteristic of the variety.
Sec. 51.2932 Damage.
Damage means any specific defect defined in this section; or an
equally objectionable variation of any one of these defects, any other
defect, or a combination of defects, which materially detracts from the
appearance, or the edible or shipping quality of the apricot. The
dimensions given for these defects are based on an apricot with a
diameter of 1\7/8\ inches (4.8 cm). Correspondingly larger or smaller
dimensions are allowed on larger or smaller apricots. The following
specific defects shall be considered as damage:
(a) Growth Cracks which are unhealed or when well healed and over
three-eighths of an inch (9.5 mm) in length.
(b) Limbrubs which are smooth and shallow and are more than one-
fourth inch (6.4 mm) in diameter.
(c) Russeting which is reddish to brown in color and exceeds 10
percent of the surface or thick, rough, and very dark and exceeds 5
percent of the surface.
(d) Dirt including spray residue appearing to the extent that it is
readily apparent.
(e) Scab spots when cracked or aggregating more than three-eighths
inch (9.5 mm) in diameter.
(f) Scale occurring as scale insects, scale marks, or similar marks
which are heavily concentrated or are scattered and aggregating more
than one-fourth inch (6.3 mm) in diameter.
(g) Hail when the skin has been broken or when not shallow and
superficial or more than three-eighths inch (9.5 mm) in diameter in the
aggregate.
(h) Bruises when: (1) The flesh is discolored deeper than one-
eighth of an inch (3.1 mm); or
(2) Any bruise causing discoloration exceeding the area of a circle
three-eighths inch (9.5 mm) in diameter; or
(3) An aggregate of lesser bruises detracting from the appearance,
edible or shipping quality of the apricot as much as paragraph (h) (1)
or (2) of this section.
Sec. 51.2933 Serious damage.
Serious Damage means any specific defect defined in this section;
or an equally objectionable variation of any one of these defects, any
other defect, or a combination of defects, which seriously detracts
from the appearance, or the edible or shipping quality of the apricot.
The dimensions given for these defects are based on an apricot with a
diameter of 1\7/8\ inches (4.8 cm). Correspondingly larger or smaller
dimensions are allowed on larger or smaller apricots. The following
specific defects shall be considered as serious damage:
(a) Growth Cracks which are unhealed or when well healed and over
one-half inch (12.7 mm) in length.
(b) Limbrubs which are smooth and shallow and are more than one-
half inch (12.7 mm) in diameter.
(c) Russeting which is reddish to brown in color and exceeds one-
third of the surface or thick, rough, and very dark and exceeds 15
percent of the surface.
(d) Dirt including spray residue which is readily apparent and
seriously affects the appearance.
(e) Scab spots when cracked or when well healed and aggregating
more than one inch (2.5 cm) in diameter.
(f) Scale occurring as scale insects, scale marks, or similar marks
aggregating more than one-half inch (12.7 mm) in diameter.
(g) Hail when the skin has been broken or when more than three
sixteenths (4.8 mm) of an inch deep or more than one-half inch (12.7
mm) in diameter in the aggregate.
(h) Bruises when: (1) The flesh is discolored deeper than three-
sixteenths of an inch (4.8 mm); or
(2) Any bruise causing discoloration exceeding the area of a circle
five-eighths inch (15.9 mm) in diameter; or
(3) An aggregate of lesser bruises detracting from the appearance,
edible or shipping quality of the apricot as much as paragraph (h)(1)
or (2) of this section.
Sec. 51.2934 Diameter.
Diameter means the greatest diameter, measured through the center
of the apricot, at right angles to a line running from the stem to the
blossom end.
Dated: September 22, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-23920 Filed 9-27-94; 8:45 am]
BILLING CODE 3410-02-P
