[Federal Register Volume 59, Number 7 (Tuesday, January 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-426]


[[Page Unknown]]

[Federal Register: January 11, 1994]


                                                     VOL. 59, NO. 7

                                          Tuesday, January 11, 1994
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket No. FV-92-303]

 

Apricots: Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would revise the United States Standards 
for Grades of Apricots. The proposal would specify definitions that do 
not appear in the standard but are described in the inspection 
handbooks and bring up to date any obsolete terms and definitions. In 
addition, the proposed rule will provide metric equivalents for 
dimensions given in terms of U.S. Customary units and contains 
conforming and editorial changes.

DATES: Comments must be postmarked or courier dated on or before March 
14, 1994.

ADDRESSES: Interested parties are invited to submit written comments 
concerning this proposal. Comments must be sent to the Standardization 
Section, Fresh Products Branch, Fruit and Vegetable Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. 
Box 96456, room 2056 South Building, Washington, DC. 20090-6456. 
Comments should make reference to the date and page number of this 
issue of the Federal Register and will be made available for public 
inspection in the above office during regular business hours.

FOR FURTHER INFORMATION CONTACT: Thomas G. Gambill, at the above 
address or call (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. This proposed 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 proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This action is not intended to have retroactive 
effect. This proposed 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). 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 believes may be helpful. Many suggestions and comments were 
received pertaining to a recent informal market survey by AMS. The 
California Apricot Advisory Board advised AMS that the changes proposed 
pertaining to skinbreaks and stem pulls are not warranted and would 
allow the export of otherwise unsaleable product.
    Therefore, it would appear that there is not a widespread consensus 
among interested parties that skin breaks, stem punctures or similar 
defects should be allowed in these grades. However, in order for the 
Department to receive comments in a more widespread and formal manner 
this requested change as well as the following changes by the 
Department which would bring the standard up to date with current 
industry practices, are being proposed.
    Sections 51.2925 and 51.2926 are proposed to be revised to remove 
cuts and skin breaks as free from defects (and change them to free from 
damage and serious damage defects, respectively). According to the 
Washington Apricot Marketing Committee, the ``Washington Apricot 
industry has had difficulty in meeting the U.S. Grade Standards for 
Apricots with regard to `skin breaks.' This has caused a great deal of 
hardship as the industry attempts to make sales into Canada. Over the 
past year members of the Washington Apricot Marketing Committee have 
been expressing a desire to gain some sort of relief from the strict 
interpretation of the `free from' portion of the grade standards. The 
real problem, as our industry sees it, is that there is no definition 
of what constitutes `damage' and `serious damage' relative to `skin 
breaks' and/or `punctures.' Consequently, all of these types of defects 
are scored no matter how small or insignificant they might be.''
    It is proposed that Secs. 51.2925 and 51.2926 be revised to include 
bruises as a specified defect. Bruising is a prevalent defect on 
apricots that should have specific areas designated which constitute 
damage and serious damage. Presently, this defect is scored based on 
the general definitions for damage and serious damage. It is proposed 
that any bruise causing discoloration exceeding the area of a circle 
three-eighths inch (9.5 mm) in diameter or one-eighth inch (3.1 mm) in 
depth (damage) or five-eighths inch (15.9 mm) in diameter or three-
sixteenths inch (4.8 mm) in depth (serious damage), or an aggregate of 
lesser bruises detracting from the appearance, edible or shipping 
quality of the apricot as much as the depth or area requirements 
previously mentioned be scored against the grade.
    Section 51.2926a Unclassified is being removed. Unclassified is not 
a grade in itself but was simply a designation for apricots that do not 
meet any grade requirement. However, it is often mistaken as an actual 
grade. Since the designation is rarely used and may create some 
confusion in the market place it should be discontinued.
    It is proposed that paragraph (c) Description of Pack of 
Sec. 51.2927 be removed. This paragraph provides for pack designations 
in 4-basket crates. Apricots are seldom, if ever, packed in these types 
of containers for today's markets. Therefore, this paragraph is no 
longer needed.
    Paragraph (d) Tolerance would also be removed. This paragraph 
allows a tolerance for offsize specimens. The proposed rule would make 
referencing of these tolerances easier and bring the format into 
conformity with more recent standards by establishing a separate 
``Tolerances'' section. This new section, 51.2928 would respecify not 
only the size tolerances which are being removed from paragraph (d), 
but would also apply tolerances to packages marked according to count, 
and defect tolerances as well.
    Section 51.2928 Mature is revised so that the definition of mature 
does not contain the word as part of the definition.
    As previously mentioned a new section which would now be designated 
Sec. 51.2928 Tolerances, would list all applicable tolerances for the 
grades. Other than the provision for packages marked according to 
count, there are no new tolerances proposed in this section. Rather 
than scatter the tolerances under different sections throughout the 
standard, they have been grouped together under one section.
    A new section, 51.2929 Application of Tolerances, is being 
proposed. This section will designate a limit on excessively high 
defect percentages for an individual sample which, if exceeded, would 
cause the lot to fail to grade even though the average of these defects 
may be within the lot tolerances provided. It is proposed that for lot 
tolerances of ten percent or more, individual samples may not contain 
more than one and one-half times the tolerance specified, and for 
tolerances of less than 10 percent, individual samples may contain not 
more than double the tolerance specified.
    The general definition for damage would be revised to reflect that 
which is currently used in most other standards. It also specifies that 
the dimensions provided for defect limits are based on an apricot one 
and seven-eighths inches (4.8 cm) in diameter, and correspondingly 
lesser or greater dimensions are allowed for smaller or larger sized 
apricots.
    Under the new section (51.2932) proposed for damage, each defect is 
listed as a separate paragraph. New definitions under this section 
include dirt, scab, scale hail, skin breaks, stem pulls, and bruises. 
All specifications except for bruises, skin breaks, and stem pulls are 
taken from the inspection handbook on scoring these defects under the 
general definitions of damage and serious damage. The scoring for skin 
breaks and stem pulls was recommended by WAMC.
    It is proposed that 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 (damage) or 
one-half inch (12.7 mm) in diameter (serious damage); scab spot when 
cracked or aggregating more than three-eighths inch (9.5 mm) in 
diameter in the aggregate (damage) or when the skin has been broken or 
when more than three-sixteenths of an inch (4.8 mm) deep or more than 
one-half inch (12.7 mm) in diameter in the aggregate (serious damage); 
and bruises when any bruise causes discoloration exceeding the area of 
a circle three-eighths inch (9.5 mm) in diameter or one-eighth inch 
(3.1 mm) in depth (damage) or when any bruise causes discoloration 
exceeding the area of a circle five-eighths inch (15.9 mm) in diameter 
or three-sixteenths (4.8 mm) in depth; skin breaks in the form of cuts 
and punctures which exceed individually or in the aggregate, an area 
equivalent to a circle three-sixteenths inch (4.8 mm) in diameter 
(damage) or three-eighths inch (9.6 mm) in diameter (serious damage); 
stem pulls which exceed an area equivalent to a circle three-eighths 
inch (9.6 mm) in diameter (damage) or one-half inch (12.7 mm) in 
diameter (serious damage); be specified as definitions under the 
appropriate sections.

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, it is proposed that 7 CFR 
part 51 be amended as follows:
    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, worm holes and from damage caused by limbrubs, 
russeting, growth cracks, dirt, scab, scale, hail, bruises, disease, 
insects, skin breaks, stem pulls, 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, worm holes and free from serious damage caused by limbrubs, 
growth cracks, dirt, scale, hail, bruises, disease, insects, skin 
breaks, stem pulls 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 one-
tenth of this amount, or 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.
    (b) For a tolerance of less than 10 percent, individual samples in 
any lot may contain not more than double the tolerance specified.

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 well healed and over three-eighths of 
an inch 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.
    (i) Skin Breaks including cuts or punctures which exceed 
individually or in the aggregate an area equivalent to a circle three-
sixteenths inch (4.8 mm) in diameter.
    (j) Stem Pulls which exceed an area equivalent to a circle three-
eighths inch (9.6 mm) in diameter.


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.
    (i) Skin Breaks including cuts or punctures which exceed 
individually or in the aggregate an area equivalent to a circle three-
eighths inch (9.6 mm) in diameter.
    (j) Stem Pulls which exceed an area equivalent to a circle one-half 
inch (12.7 mm) in diameter.


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: January 3, 1994.
Lon Hatamiya,
Administrator.
[FR Doc. 94-426 Filed 1-10-94; 8:45 am]
BILLING CODE 3410-02-P