[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Rules and Regulations]
[Pages 11242-11244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4952]




[[Page 11241]]

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Part V





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Part 51



Blueberries; Grade Standards; Final Rule

  Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules 
and Regulations   
[[Page 11242]] 

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-92-301]


Blueberries; Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule revises the United States Standards for Grades 
of Blueberries by adding another species of cultivated blueberries, 
eliminating size as a requirement of the grade, revising tolerances and 
applications of tolerances to percentages of defective berries, 
specifying allowable amounts for defects caused by scars and well 
healed broken skins, redefining terms to more clearly reflect current 
cultural and marketing practices, and providing a format consistent 
with other recently revised U.S. grade standards. The Agricultural 
Marketing Service (AMS), in cooperation with industry and other 
interested parties, has the responsibility to develop and improve 
standards of quality, condition, quantity, grade and packaging in order 
to facilitate efficient marketing of agricultural commodities.

EFFECTIVE DATE: March 20, 1995.

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, DC 20090-
6456, (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. The revision of the U.S. Standards for Grades of 
Blueberries 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 final 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 proposed rule, United States Standards for Grades of 
Blueberries, was published in the Federal Register on November 19, 1993 
(58 FR 61033-61035).
    The North American Blueberry Council (NABC), which represents the 
majority of blueberry growers and packers in the United States and 
Canada, formally requested USDA to revise the United States Standards 
for Grades of Blueberries which were last revised in June 1966. The 
NABC requested that the standards be revised in order to bring them 
into conformity with current cultural, harvesting, and marketing 
practices. The NABC contends that due to changes in harvesting 
practices, more growers using mechanical harvesters versus hand 
picking, and new improved varieties, the changes are necessary.
    The comment period ended January 18, 1994, and a total of nineteen 
comments were received from growers, shippers, receivers, and 
researchers. In addition, recommendations were received from inspection 
personnel.
    Nine comments were in favor of the proposal in its entirety. These 
comments agreed that due to changes in current cultural, harvesting, 
and marketing practices of blueberries, it was necessary to change the 
standards as proposed.
    Three comments suggested eliminating the basic requirement ``not 
wet.'' They felt that blueberries that are wet from condensation would 
be scored against this requirement, and perfectly good blueberries 
would be scored as defects. AMS believes that the definition under the 
``damage'' section clearly states that wet berries are damaged when 
``the individual berry is wet from juice from crushed, leaking, or 
decayed berries, but not due to condensation,'' and thereby good 
blueberries would not be scored as defects.
    Three comments were in favor of the proposal with some changes. All 
three of the comments expressed the opinion that a minimum size should 
be specified, or that size should be part of the grade. Two of these 
comments also stated that the ten percent tolerance for attached stems 
is too high. One of these comments stated that the tolerances should be 
based on number of defects and not percentages, with no allowance for 
``leakers.'' AMS feels that size should not be part of the grade since 
blueberries are not packed by size. However, the size classification 
section should be left in the standards for common marketing 
terminology. The NABC specifically requested that tolerances be in 
percentages and that an additional allowance be made for attached 
stems. Further, tolerances based on percentages rather than number of 
berries would be more simplistic for inspectors, industry, and other 
interested parties; a chart of the number of berries allowed for 
various defects would no longer be needed. Since some varieties of 
blueberries have stems which adhere more readily to the berry, or 
growing conditions cause the stems to remain attached, a ten percent 
allowance for attached stems is needed so as to take into account 
certain varieties with inherent characteristics. Therefore, AMS 
believes the tolerances for defects and the allowance for attached 
stems should remain as they were in the proposal.
    Two comments opposed the proposed definition of damage by 
shriveling, which stated ``shriveling when the skin is slightly 
wrinkled.'' They were of the opinion that the term ``slightly 
wrinkled'' meant that the berries would be observed under close 
scrutiny and when wrinkling was found to any degree the berries would 
be scored. The commentors proposed that the definition be changed to 
``shriveling when the wrinkling is readily noticeable.'' This would 
mean that only the wrinkling found upon casual observation would be 
scored as a defect. One of the commentors also felt that having a 
definition for ``damage by green berries'' and a definition for ``well 
colored'' was redundant. They felt that the ``damage by green berries'' 
should be deleted. AMS agrees with the comments as to ``shriveling'' 
and the definition of damage by shriveling will be ``when the wrinkling 
is readily noticeable.'' In regard to the comment of ``damage by green 
berries'' and ``well colored,'' AMS feels that green berries would be 
considered immature berries and berries that are not well colored may 
be mature but simply do not meet the color requirements. AMS believes 
that buyers and sellers would want to know the distinction between 
these two defects.
    One comment from an exporter did not address the provisions of the 
proposal. [[Page 11243]] 
    One comment stated the following: ``stems should not be counted as 
defects unless excessive--50 or more per pint; shriveled berries should 
not be counted as defects unless excessive--20 or more per pint; 
berries with picking scars or split by excessive rain or moisture, but 
are not overripe, with healed scars, would not be counted as soft 
berries; and soft berries are those that are overripe, bleeding, and 
certain to cause molding within 24 hours.'' AMS believes that all of 
these issues have been addressed in the revised standards by: Defining 
under damage and serious damage how much each blueberry may be affected 
by a certain defect; in the application of tolerance section defining 
the percentage of blueberries that may be defective in each sample; and 
in the tolerance section defining the percentage of defective 
blueberries which are allowed in a load or lot of blueberries.
    One recommendation was made concerning the ``definitions for damage 
and serious damage by scars is too loose.'' It was suggested that only 
the scars that are fairly smooth and have no depth be scored as 
outlined in the proposed standards. AMS believes that scars are too 
small to distinguish as to their smoothness or depth, and has decided 
to leave the definition of damage and serious damage by scars as 
proposed.
    One recommendation made several suggestions for changing 
definitions of various defects. Clusters were proposed to be changed to 
``3 or more joined capstems with more than one berry attached.'' 
Shriveling was proposed to be changed to ``more than slightly 
wrinkled.'' It was recommended that broken skins, regardless of whether 
they are well healed or not should be scored as serious damage, except 
for an allowable area around the stem scar. Also, damage by scars 
should be changed from 20 percent of the surface to 25 percent of the 
surface. Mummified berries should include in its definition those 
berries that are in the process of being mummified. AMS does not 
believe that these changes are warranted due to the inconsistencies 
these changes would create with other standards and with the scoring of 
the above defects. However, as stated previously, the definition of 
``damage by shriveling'' will be applied ``when shriveling is readily 
noticeable.''
    One recommendation suggested an additional grade for higher quality 
blueberries should be inserted in the standards. Also, size should be 
determined by weight, since ``cup'' could be confusing and is not 
precise enough. Finally, it was felt that the current size 
classifications do not allow for loads and/or lots of blueberries that 
contain both medium and large size berries in the same lot. The NABC 
made it clear to AMS that it did not want an additional grade in the 
standards. Also, most commodities are marketed on the basis of U.S. No. 
1 and it is felt that other grades would not be necessary. AMS feels 
that determining size by weight would be more difficult due to the 
modest size of the berries. AMS did make allowances in the tolerances 
for ``off-size'' to allow for blueberries that contain both medium and 
large size berries in the same lot.
    The Agricultural Research Service of the Department stated that it 
is ``not aware of any research data or other information relevant to 
the possible effect of the `cosmetic appearance' elements of the 
proposed rulemaking on pesticide use on blueberries.''
    AMS develops and improves standards of quality, condition, grade, 
and packaging in order to facilitate efficient marketing. The 
provisions of this final rule are the same as those in the proposed 
rule, except for the changes noted above in response to the comments 
received, and several minor editorial changes made for clarity.

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, is amended as follows:
    1. The authority citation for 7 CFR Part 51 continues to read as 
follows:

    Authority: 7 U.S.C. 1622, 1624.

Subpart--United States Standards for Grades of Blueberries

    2. Sections 51.3475 through 51.3479 and the undesignated center 
headings are revised to read as follows:

General


Sec. 51.3475  General.

    (a) These standards apply only to selected and hybrid varieties of 
the highbush (Vaccinium australe Small and Vaccinium corymbosum L.) and 
rabbiteye (Vaccinium ashei Reade) blueberries produced under 
cultivation, but not to other species of the genus Vaccinium nor to the 
true huckleberries of the genus Gaylussacia.
    (b) Because of the size differences between varieties and the 
difference in size preference in various markets, there are no size 
requirements in the grade. Therefore, size will not be determined 
unless specifically requested by the applicant. If requested, size may 
be specified as provided in Sec. 51.3477.

Grade


Sec. 51.3476  U.S. No. 1.

    ``U.S. No. 1'' consists of blueberries which meet the following 
requirements:
    (a) Basic requirements:
    (1) Similar varietal characteristics;
    (2) Clean;
    (3) Well colored;
    (4) Not overripe;
    (5) Not crushed, split, or leaking; and
    (6) Not wet.
    (b) Free from:
    (1) Attached stems;
    (2) Mold;
    (3) Decay;
    (4) Insects or when there is visible evidence of the presence of 
insects;
    (5) Mummified berries; and
    (6) Clusters.
    (c) Free from damage caused by:
    (1) Shriveling;
    (2) Broken skins;
    (3) Scars;
    (4) Green berries; and
    (5) Other means.
    (d) Tolerances as specified in Secs. 51.3478 (a) and (b) and 
applied pursuant to Sec. 51.3479.

Size Classifications
Sec. 51.3477  Size classifications.

    The following size classifications may be used in specifying size 
of blueberries:
    (a) Extra large. Less than 90 berries per cup;\1\

    \1\Cup equals 237 ml, \1/2\ pint, or 2 gills.
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    (b) Large. 90 to 129 berries per cup;1
    (c) Medium. 130 to 189 berries per cup;1 and,
    (d) Small. 190 to 250 berries per cup.1
    (e) For tolerances see Sec. 51.3478.

Tolerances


Sec. 51.3478  Tolerances.

    In order to allow for variations incident to proper grading and 
handling, based on sample inspection, the following tolerances, by 
count, shall be allowed:
    (a) For defects at shipping point.2 Ten percent for 
blueberries which have attached stems. Additionally, not more than 8 
percent of the blueberries may be below the remaining requirements of 
the grade: Provided, that included in this amount not more than 4 
percent shall be allowed for defects causing serious 
[[Page 11244]] damage, including in this latter amount not more than 1 
percent for blueberries which are affected by mold or decay.

    \2\Shipping point, as used in the standards in this subpart, 
means the point of origin of the shipment in the producing area or 
at port of loading for ship stores or overseas shipment, or, in the 
case of shipments from outside the continental United States, the 
port of entry into the United States.
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    (b) For defects en route or at destination. Ten percent for 
blueberries which have attached stems. Additionally, not more than 12 
percent of the blueberries may be below the remaining requirements of 
the grade: Provided, that included in this amount not more than the 
following percentages shall be allowed for defects listed:
    (1) 8 percent for blueberries which fail to meet the requirements 
for this grade because of permanent defects; or,
    (2) 6 percent for blueberries which are seriously damaged, 
including therein not more than 4 percent for blueberries which are 
seriously damaged by permanent defects and not more than 2 percent for 
blueberries which are affected by mold or decay.
    (c) Off-size: When size is designated according to one or more of 
the size classifications in Sec. 51.3477, not more than 10 percent of 
the samples in any lot or one sample, whichever is the greater number, 
may fail to meet the range in count specified.

Application of Tolerances


Sec. 51.3479  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 may 
contain not more than one and one-half times the tolerance specified.
    (b) For a tolerance of less than 10 percent, individual samples may 
contain not more than double the tolerance specified.
    3. Sections 51.3482 and 51.3483 are revised to read as follows:


Sec. 51.3482  Well colored.

    Well colored means that more than one-half of the surface of the 
individual berry is blue, bluish-purple, purple, bluish-red, or bluish-
black.


Sec. 51.3483  Overripe.

    Overripe means that the individual berry is dead ripe, the flesh is 
soft and mushy, and past commercial utility.
    4. Sections 51.3484 and 51.3485 are removed and Sec. 51.3486 is 
redesignated 51.3484 and is revised to read as follows:


Sec. 51.3484  Damage.

    Damage means any specific defect described in this section, or an 
equally objectionable variation of any one of these defects, any other 
defect, or any combination of defects, which materially detracts from 
the appearance, or the edible or marketing quality of the blueberries. 
The following specific defects shall be considered as damage:
    (a) Wet berries when the individual berry is wet from juice from 
crushed, leaking, or decayed berries, but not due to condensation;
    (b) Clusters when there are three or more joined capstems with at 
least one berry attached;
    (c) Shriveling when the wrinkling is readily noticeable;
    (d) Broken skins when not well healed or when well healed and 
readily noticeable, except for an allowable area within a \1/8\ inch 
(3.2 mm) circle centered at the stem scar;
    (e) Scars when affecting more than 20 percent of the surface of the 
individual berry; and,
    (f) Green berries when one-half or more of the berry is green.
    5. Section 51.3487 is redesignated 51.3485 and is revised to read 
as follows:


Sec. 51.3485  Serious damage.

    Serious damage means any specific defect described in this section, 
or an equally objectionable variation of any one of these defects, any 
other defect, or any combination of defects, which seriously detracts 
from the appearance, or the edible or marketing quality of the 
blueberries. The following specific defects shall be considered as 
serious damage:
    (a) Decay;
    (b) Moldy berries;
    (c) Overripe berries;
    (d) Crushed, split, or leaking berries;
    (e) Mummified berries when the individual berry is dried up, 
withered or shrunken;
    (f) Insects or when there is any visible evidence of the presence 
of insects, including but not limited to an insect, the insect larva, 
feeding, webbing or frass;
    (g) Broken skins when not well healed; and,
    (h) Scars when affecting more than 50 percent of the surface of the 
individual berry.

    Dated: February 23, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-4952 Filed 2-28-95; 8:45 am]
BILLING CODE 3410-02-P