[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