[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
[Rules and Regulations]
[Pages 1263-1266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-425]


  Federal Register / Vol. 59, No. 6 / Monday, January 10, 1994 /
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[[Page Unknown]]

[Federal Register: January 10, 1994]


                                                     VOL. 59, NO. 6

                                           Monday, January 10, 1994
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 58

[DA-92-18]

 

Grading and Inspection, General Specifications for Approved 
Plants and Standards for Grades of Dairy Products; United States 
Standards for Grades of Whipped Butter

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule promulgates new United States Standards for 
Grades of Whipped Butter. These standards establish quality criteria 
for grade determination and optional microbiological and keeping-
quality tests for whipped butter.
    The Department has determined that the grading of butter sold in 
consumer-size packages bearing USDA official identification (grade-
label) should be conducted when the product is in the final package. 
Previously, the quality of whipped butter was evaluated prior to the 
whipping process using the U.S. Standards for Grades of Butter. The 
U.S. Standards for Grades of Whipped Butter change this procedure.

EFFECTIVE DATE: February 9, 1994.

FOR FURTHER INFORMATION CONTACT: Diane D. Lewis, Dairy Products 
Marketing Specialist, Dairy Standardization Branch, USDA/AMS/Dairy 
Division, room 2750-S, P.O. Box 96456, Washington, DC 20090-6456, (202) 
720-7473.

SUPPLEMENTARY INFORMATION: This final rule has been reviewed under 
Executive Order 12778, Civil Justice Reform. This action is not 
intended to have retroactive effect. This rule does 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.
    The final rule also has been reviewed in accordance with the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Administrator, 
Agricultural Marketing Service, has determined that the final rule will 
not have a significant economic impact on a substantial number of small 
entities because use of the standards is voluntary and this action will 
not increase costs to those utilizing the standards.
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    In 1991, the Department evaluated the procedures used to assign 
U.S. grades to butter in consumer-size packages. The Department 
concluded that grading of the product should be conducted in the final 
package because the evaluation of whipped butter at that time is more 
accurate.
    Previously, the procedure for evaluating grade-label whipped butter 
was to either grade the butter in the bulk form prior to whipping or 
obtain a sample of fresh butter taken during the manufacturing process 
and evaluate it. These methods are changed by this action because of 
the Department's decision to conduct grading in the final package. The 
new standards have received general support from many of the 
manufacturers of whipped butter who utilize the USDA grade-label 
program, as well as from the American Butter Institute. In addition, 
the standards were field-tested by the Dairy Grading Branch and found 
to be satisfactory.
    In view of the need for new standards, the Department published on 
June 30, 1993 (58 FR 34937) proposed United States Standards for 
Whipped Butter. Except for minor format changes, the standards 
contained in this final rule are the same as those set forth in the 
proposal. The new standards establish the following.

1. Provide Quality Specifications for Whipped Butter at Two U.S. Grade 
Levels: U.S. Grade AA and U.S. Grade A

    Whipped butter is produced by uniformly incorporating air or inert 
gas into butter to improve its spreadability characteristics. The 
percent overrun, based on buyer or consumer preference, is usually 
between 50 and 100 percent. Market analysis conducted during the 
development of these standards supports the opinion that consumers 
prefer the higher quality products. Therefore, standards are 
established for quality designations at two levels: U.S. Grade AA and 
U.S. Grade A.

2. Define Flavor Characteristics

    Production and processing practices influence flavor 
characteristics in whipped butter. To manufacture whipped butter with a 
highly pleasing flavor, the raw milk and cream must be free of 
objectionable flavors. This final rule defines acceptable flavor 
characteristics to assist the graders in identifying and classifying 
the flavor.

3. Define Body, Color, and Salt Characteristics and Establish 
Disratings

    Just as production and processing practices influence the flavor of 
whipped butter, they also influence body, color, and salt 
characteristics. This final rule describes distinguishing body, color, 
and salt characteristics and establishes disratings which are used to 
determine the U.S. grade.

4. Illustrate How Flavor, Body, Color, and Salt Characteristics 
Influence Grade Determination

    These standards provide step-by-step instructions in determining 
the final grade of whipped butter. The U.S. grade of whipped butter is 
determined on the basis of classifying first the flavor 
characteristics. Then body, color, and salt characteristics are noted 
and disratings established. When total disratings exceed the permitted 
amount identified in the standards, the final U.S. grade is lowered.

5. Establish Optional Microbiological and Keeping-Quality Tests (Not 
Mandatory for Grade Designation)

    Since 1975, the General Specifications for Dairy Plants Approved 
for USDA Inspection and Grading Service have required microbiological 
and keeping-quality testing of whipped butter bearing USDA official 
identification. The market analysis conducted during the development of 
these standards revealed that the industry utilized tighter 
microbiological specifications for proteolytic and yeast and mold 
counts than those listed in the ``General Specifications''. To be more 
aligned with current industry standards, this final rule tightens these 
microbiological requirements. This final rule also incorporates these 
same tests as optional tests (not mandatory for grade designation) in 
the United States Standards for Grades of Whipped Butter.
    This final rule also makes corollary changes in the General 
Specifications for Dairy Plants Approved for USDA Inspection and 
Grading Service (subpart B of 7 CFR part 58) to conform the definition 
and grade designations of whipped butter set forth therein with the new 
United States Standards for Grades of Whipped Butter (in subpart G of 7 
CFR part 58).
    USDA grade standards are voluntary standards that are developed 
pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
seq.) to facilitate the marketing process. Manufacturers of dairy 
products are free to choose whether or not to use these grade 
standards. USDA grade standards for dairy products have been developed 
to identify the degree of quality in the various products. Quality in 
general refers to usefulness, desirability, and value of the product--
its marketability as a commodity. When whipped butter is officially 
graded, the USDA regulations and standards governing the grading of 
manufactured or processed dairy products are used. These regulations 
also require a charge for the grading service provided by USDA. This 
action makes minor format changes for purposes of clarity to Tables I 
and III to the format that appeared in the proposed rule.

Public Comments

    On June 30, 1993, the Department published a proposed rule (58 FR 
34937) to promulgate the United States Standards for Whipped Butter. 
The public comment period closed August 30, 1993. No comments were 
received during this time.

List of Subjects in 7 CFR Part 58

    Dairy products, Food grades and standards, Food labeling, Reporting 
and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR part 58 is amended 
as follows:

PART 58--[AMENDED]

    1. The authority citation for 7 CFR part 58 continues to read as 
follows:


    Authority: Agricultural Marketing Act of 1946, Secs. 202-208, 60 
Stat. 1087, as amended; 7 U.S.C. 1621-1627, unless otherwise noted.


    2. In subpart B, Sec. 58.305 (f) is revised to read as follows:


Sec. 58.305  Meaning of words.

* * * * *
    (f) Whipped butter. The food product is made by the uniform 
incorporation of air or inert gas into butter.


Sec. 58.323  [Removed and Reserved].

    3. In subpart B, Sec. 58.323 is removed and reserved.
    4. In subpart B, Sec. 58.346 is revised to read as follows:


Sec. 58.346  Whipped butter.

    (a) The quality requirements for whipped butter shall be in 
accordance with the U.S. Standards for Grades of Whipped Butter for 
U.S. Grade AA and U.S. Grade A, respectively.
    (b) Whipped butter shall also be subject to the following 
specifications when sampled and tested in accordance with Sec. 58.336 
and Sec. 58.337, respectively:
    (1) Proteolytic count, not more than 50 per gram; yeast and mold 
count, not more than 10 per gram; coliform count, not more than 10 per 
gram; and keeping-quality test, satisfactory after 7 days at 70 deg.F.
    (2) Optional except when required or requested: Copper content, not 
more than 0.3 ppm; iron content, not more than 1.0 ppm; enterococci, 
not more than 10 per gram.
    5. A new Subpart G--United States Standards for Grades of Whipped 
Butter is added to read as follows:
Subpart G--United States Standards for Grades of Whipped Butter

Definitions

Sec.
58.2425  Whipped butter.
58.2426  Butter.
58.2427  Cream.

U.S. Grades

58.2428  Nomenclature of U.S. grades.
58.2429  Basis for determination of U.S. grade.
58.2430  Specifications for U.S. grades.
58.2431  Relationship of U.S. grade of whipped butter to the flavor 
classifications as affected by disratings in body, color, and salt 
characteristics.
58.2432  Optional tests.
58.2433  U.S. grade not assignable.
58.2434  Test methods.

Explanation of Terms

58.2435  Explanation of terms.

Subpart G--United States Standards for Grades of Whipped Butter\1\
---------------------------------------------------------------------------

    \1\Compliance with these standards does not excuse failure to 
comply with provisions of the Federal Food, Drug and Cosmetic Act.
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Definitions


Sec. 58.2425  Whipped butter.

    Whipped butter is the food product made by the uniform 
incorporation of air or inert gas into butter.


Sec. 58.2426  Butter.

    The food product usually known as butter, and which is made 
exclusively from milk or cream, or both, with or without common salt, 
with or without additional coloring matter, and containing not less 
than 80 percent by weight of milkfat, all tolerances having been 
allowed for.


Sec. 58.2427  Cream.

    The term cream when used in this subpart G means cream separated 
from milk produced by healthy cows. The cream shall be pasteurized at a 
temperature of not less than 165 deg.F and held continuously in a vat 
at such temperature for not less than 30 minutes; or pasteurized at a 
temperature of not less than 185 deg.F for not less than 15 seconds; or 
pasteurized by other approved methods giving equivalent results.

U.S. Grades


Sec. 58.2428  Nomenclature of U.S. grades.

    The nomenclature of U.S. grades is as follows:
    (a) U.S. Grade AA.
    (b) U.S. Grade A.


Sec. 58.2429  Basis for determination of U.S. grade.

    The U.S. grade of whipped butter is determined on the basis of 
classifying first the flavor characteristics and then the 
characteristics in body, color, and salt of a representative sample. 
Flavor is the basic quality factor in grading whipped butter and is 
determined organoleptically by smell and taste. The flavor 
characteristic and intensity is identified and rated according to the 
applicable classification contained in Table I in Sec. 58.2430. When 
more than one flavor characteristic is discernible in a sample of 
whipped butter, the flavor classification of the sample shall be 
established on the basis of the flavor that carries the lowest rating. 
Body, color, and salt characteristics are then noted and disratings are 
made in accordance with the established classification in Table II in 
Sec. 58.2430. The final U.S. grade for the sample is then established 
in accordance with the flavor classification, subject to permitted 
disratings for body, color, and salt as outlined in Sec. 58.2431.


Sec. 58.2430  Specifications for U.S. grades.

    The specifications for the U.S. grades of whipped butter are as 
follows:
    (a) U.S. Grade AA. U.S. Grade AA whipped butter conforms to the 
following: Shall possess a fine and highly pleasing butter flavor. 
Whipped butter may also have a lactic culture flavor. May possess a 
slight feed, or a definite cooked flavor. The permitted disratings in 
body, color, and salt characteristics are limited to one-half (\1/2\). 
For detailed specifications and classification of flavor 
characteristics, see Table I of this section. For body, color, and salt 
disratings, see Table II of this section.
    (b) U.S. Grade A. U.S. Grade A whipped butter conforms to the 
following: Shall possess a pleasing and desirable butter flavor. 
Whipped butter may also have a lactic culture flavor. May possess to a 
slight degree the following flavors: acid, aged, bitter, coarse, flat, 
smothered, and storage. May possess a definite feed flavor. The 
permitted disratings in body, color, and salt characteristics are 
limited to one-half (\1/2\). For detailed specifications and 
classification of flavor characteristics, see Table I of this section. 
For body, color, and salt disratings, see Table II of this section.
    (c) General. Whipped butter of all U.S. grades shall be free from 
foreign materials and visible mold. When total disratings exceed the 
permitted amount, the final U.S. grade shall be lowered one grade level 
for each additional one-half (\1/2\) disrating.

    Table I.--Classification of Flavor With Corresponding U.S. Grade    
------------------------------------------------------------------------
                                                            U.S. grade  
                                                           designation  
               Flavor characteristics\1\                 ---------------
                                                            AA       A  
------------------------------------------------------------------------
Acid....................................................  --      S     
Aged....................................................  --      S     
Bitter..................................................  --      S     
Coarse..................................................  --      S     
Cooked..................................................  D       ......
Feed....................................................  S       D     
Flat....................................................  --      S     
Smothered...............................................  --      S     
Storage.................................................  --      S     
------------------------------------------------------------------------
\1\When more than one flavor is discernible in a sample of whipped      
  butter, the flavor classification of the sample shall be established  
  on the basis of the flavor that carries the lowest rating.            
(--) = Not Permitted                                                    
S = Slight                                                              
D = Definite                                                            



    Table II.--Characteristics and Disratings in Body, Color and Salt   
------------------------------------------------------------------------
                                                        Disratings      
                Characteristics                  -----------------------
                                                    Slight     Definite 
------------------------------------------------------------------------
Body:                                                                   
  Free moisture.................................  \1/2\       1         
  Mealy or grainy...............................  \1/2\       1         
Color:                                                                  
  Color specks..................................  1           1\1/2\    
  Mottled.......................................  \1/2\       1         
  Wavy..........................................  \1/2\       1         
Salt:                                                                   
  Gritty........................................  1           1\1/2\    
  Sharp.........................................  1           1\1/2\    
------------------------------------------------------------------------

Sec. 58.2431  Relationship of U.S. grade of whipped butter to the 
flavor classifications as affected by disratings in body, color, and 
salt characteristics.

    When the disratings for body, color, and salt exceed the permitted 
amount of (\1/2\) for any flavor classification, the final U.S. grade 
shall be lowered accordingly: 

                               Table III                                
------------------------------------------------------------------------
   Flavor classification        Total disratings         U.S. grade     
------------------------------------------------------------------------
AA.........................  \1/2\                   AA                 
AA.........................  1                       A                  
AA.........................  1\1/2\                  (*)                
A..........................  \1/2\                   A                  
A..........................  1                       (*)                
------------------------------------------------------------------------
(*)=No U.S. grade assigned.                                             


Sec. 58.2432  Optional tests.

    (a) There are optional tests (not mandatory for grade designation) 
that may be made on whipped butter that can be requested by the buyer 
or seller. If requested, the product must comply with the 
microbiological and keeping-quality specifications as follows:

Proteolytic count--not more than 50 per gram
Yeast and mold count--not more than 10 per gram
Coliform count--not more than 10 per gram
Keeping-quality test--satisfactory after 7 days at 70  deg.F.

    (b) All required tests, and optional tests when specified, shall be 
performed in accordance with the test methods identified in 
Sec. 58.2434.


Sec. 58.2433  U.S. grade not assignable.

    Whipped butter shall not be assigned a U.S. grade for one or more 
of the following reasons:
    (a) The butter fails to meet or exceed the requirements for U.S. 
Grade A.
    (b) The butter, when tested, does not comply with the provisions of 
the Federal Food, Drug, and Cosmetic Act, or the minimum milkfat 
requirements of 80.0 percent.
    (c) The butter is produced in a plant that is rated ineligible for 
USDA grading service or is not USDA-approved.


Sec. 58.2434  Test methods.

    Testing methods contained in the latest edition of the ``Standard 
Methods for the Examination of Dairy Products'' or the ``Official 
Methods of Analysis of the Association of Official Analytical 
Chemists'' are used to determine bacterial estimates and milkfat 
content.

Explanation of Terms


Sec. 58.2435  Explanation of terms.

    (a) With respect to flavor intensity and characteristics:
    (1) Slight. Detected only upon critical examination.
    (2) Definite. Not intense but detectable.
    (3) Acid. Lacks a delicate flavor or aroma and is associated with 
an acid condition but there is no indication of sourness.
    (4) Aged. Characterized by lack of freshness.
    (5) Bitter. Astringent, similar to taste of quinine and produces a 
puckery sensation.
    (6) Coarse. Lacks a fine, delicate, smooth flavor.
    (7) Cooked. Smooth, nutty-like characteristic resembling a custard 
flavor.
    (8) Feed. Aromatic flavor characteristic of the feed eaten by cows.
    (9) Flat. Lacks natural butter flavor.
    (10) Smothered. Suggestive of improperly cooked cream.
    (11) Storage. Characterized by a lack of freshness and more 
intensified than ``aged'' flavor.
    (b) With respect to body:
    (1) Free moisture. ``Free moisture'' is present when beads of 
moisture are visible on the surface of the sample. The intensity is 
described as ``slight'' when the droplets or beads of moisture are 
barely visible, few in number, and about the size of a pinhead; and 
``definite'' when the moisture droplets are clearly visible, more 
numerous, and are somewhat larger in size.
    (2) Mealy or grainy. A ``mealy'' or ``grainy'' condition imparts a 
granular consistency when the whipped butter is melted on the tongue. 
The intensity is described as ``slight'' when the mealiness or 
graininess is barely detectable; and ``definite'' when the mealiness or 
graininess is clearly detectable.
    (c) With respect to color:
    (1) Mottled. ``Mottled'' appears as a dappled condition with spots 
of lighter and deeper shades of yellow. The intensity is described as 
``slight'' when the small spots of different shades of yellow, 
irregular in shape, are barely discernible on the sample of whipped 
butter; and ``definite'' when the mottles are more clearly discernible.
    (2) Color specks. ``Specks'' usually appear in whipped butter as 
small white or yellow spots. The intensity is described as ``slight'' 
when the spots are few in number; and ``definite'' when they are 
noticeable in larger numbers.
    (3) Wavy. ``Wavy'' color in whipped butter is an unevenness in the 
color that appears as waves of different shades of yellow. The 
intensity is described as ``slight'' when the waves are barely 
discernible; and ``definite'' when they are readily noticeable.
    (d) With respect to salt:
    (1) Gritty. A ``gritty'' salt condition imparts a sand-like feeling 
on the tongue due to grains of undissolved salt. The intensity is 
described as ``slight'' when only a few grains of undissolved salt are 
detected; and ``definite'' when the condition is more readily 
noticeable.
    (2) Sharp. ``Sharp'' salt is characterized by taste sensations 
suggestive of salt. The intensity is described as ``slight'' when the 
salt taste predominates in flavor; and ``definite'' when the taste 
distinctly predominates in flavor.

    Dated: January 3, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-425 Filed 1-7-94; 8:45 am]
BILLING CODE 3410-02-P