[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62709-62710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29791]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 52

[FV-95-329]


United States Standards for Grades of Frozen Field Peas and 
Frozen Black-Eye Peas

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule amends the existing U.S. grade 
standards for Frozen Field Peas and Frozen Black-Eye Peas and removes 
the color attributes requirements for frozen black-eye peas and frozen 
cream peas to have ``obvious green color''. This change allows 
producers of frozen field peas and frozen black-eye peas the option to 
pack black-eye peas and cream peas without the requirement that these 
peas have an ``obvious green color''. The requirement for obvious green 
colored peas has forced changes in current harvesting practices and 
required that food processors supplement their pack with imported peas, 
of similar varieties, in order to meet the ``Grade A'' color 
requirement. Removing the requirement for green color resolves this 
issue for the industry since crops are harvested later in the season 
under current harvesting practices. This revision enables the frozen 
food industry to produce frozen black-eye peas and frozen field peas 
more efficiently.

DATES: Effective December 7, 1995. Comments received by January 8, 
1996, will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent in duplicate 
to the Office of the Branch Chief, Processed Products Branch, Fruit and 
Vegetable Division, Agricultural Marketing Service, U.S. Department of 
Agriculture, Room 0709, South Building, PO Box 96456, Washington, DC 
20090-6456. Comments should reference the date and page number of this 
issue of the Federal Register and will be made available for public 
inspection in the Office of the Branch Chief during regular business 
hours.

FOR FURTHER INFORMATION CONTACT: James R. Rodeheaver, Processed 
Products Branch, Fruit and Vegetable Division, Agricultural Marketing 
Service, U.S. Department of Agriculture, Room 0709, South Building, PO 
Box 96456, Washington, DC 20090-6456, Telephone (202) 720-4693.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under the 
United States Standards for Grades of Frozen Field Peas and Frozen 
Black-Eye Peas (7 CFR part 52) to improve grade standards. The 
standards are effective under the Agricultural Marketing Act of 1946 as 
amended (7 U.S.C. 1622, 1624), hereinafter referred to as the Act.
    The Department of Agriculture is issuing this rule in conformance 
with Executive Order 12866.
    The Department of Agriculture is issuing this rule in conformance 
with Executive Order 12778, Civil Justice Reform. This action is not 
intended to have retroactive effect. This interim final rule will not 
preempt any State or local laws, regulations, or policies, unless they 
present 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 AMS Administrator has certified that this action will not have 
a significant economic impact on a substantial number of small 
entities, as defined in the Regulatory Flexibility Act, Public Law 96-
354 (5 U.S.C. 601 et seq.), because it reflects current marketing 
practices. In addition, these standards are voluntary. A small entity 
may avoid incurring any additional economic impact by not employing the 
standards.
    The American Frozen Food Institute (AFFI) has petitioned for 
emergency relief from a requirement in the United States grade 
standards for frozen field peas and frozen black-eye peas. AFFI is a 
trade association representing over 560 food industry companies that 
accounts for over 90 percent of frozen food production in the United 
States. The frozen food industry requested USDA revise the grade 
standards to bring it in line with current harvesting and marketing 
practices. This would give economic relief to the frozen field pea and 
black-eye pea industry.
    The U.S. grade standards are voluntary standards. However, there is 
widespread use of the standards in contracts.
    When these grade standards were promulgated in 1976, it included a 
``Grade A'' color requirement for frozen black-eye peas and cream peas 
that approximately 14 percent of these type peas have an obvious green 
color. This requirement was applicable when hand harvesting techniques 
forced growers to harvest their crops earlier in the growing season 
which allowed for a high percentage of immature peas. Today, modern 
mechanical harvesting techniques allow growers to harvest these types 
of peas with more mature pods that are easily shelled.

[[Page 62710]]

    The requirement for these types of peas to have an obvious green 
color has caused undue economic stress on the industry. Frozen field 
pea and black-eye pea processors must purchase imported, hand-harvested 
peas and blend them with domestic crops to meet the ``Grade A'' color 
requirement. AFFI estimates that 10 million pounds of imported peas 
must be purchased by U.S. processors per year at an approximate annual 
cost of more than $2 million.
    Based on all the information received, USDA is amending Section 
52.1669 in the United States Standards for Grades of Frozen Field Peas 
and Frozen Black-Eye Peas by removing the color attributes requirements 
for frozen black-eye peas and frozen cream peas from the text and Table 
III of this section.
    No additional costs are expected to result from this action for 
producers and benefits derived from this action may be passed on to 
consumers.
    This change is expected to facilitate marketing of frozen field 
peas and frozen black-eye peas.
    Pursuant to 5 U.S.C. 553, it is found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and that good cause exists for not postponing the effective date 
of this rule upon publication in the Federal Register because, the 
harvesting season for field peas and black-eye peas has already begun, 
the standards are voluntary, and this revision of the standards that 
permits the industry to more efficiently meet market needs, also 
reduces costs to the consumers. This rule also provides a 30-day 
comment period. The Department will consider all comments received 
within the comment period prior to finalizing this rule.

List of Subjects in 7 CFR Part 52

    Food grades and standards, Food labeling, Frozen foods, Fruit 
juices, Fruits, Reporting and record keeping requirements, Vegetables.

    For the reasons set forth in the preamble, the U.S. Department of 
Agriculture proposes to amend 7 CFR part 52 to read as follows:

PART 52--PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS 
THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS\1\

Subpart--United States Standards for Grades of Frozen Black-eye 
Peas and Frozen Field Peas

    1. The authority citation for Part 52 is revised to read as 
follows:

    \1\May include the following: Honey; molasses, except for 
stockfeed; nuts and nut products, except oil; sugar (cane, beet, and 
maple); sirups (blended), sirups, except from grain; tea, cocoa, 
coffee, spices, condiments.
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    Authority: 7 U.S.C. 1622-1624.

    2. In Sec. 52.1669, paragraphs (a), (b), and Table III in paragraph 
(c) are revised to read as follows:


Sec. 52.1669  Classification of color and grade compliance.

    (a) General. The requirement for ``color attributes'' is applicable 
for Grade A classification only. ``Color attributes'' do not apply to 
units of black-eye peas, cream peas, or units of ``snaps'' in the style 
of ``frozen peas with snaps.''
    (b) Color attributes. ``Color attributes'' are defined as follows:
    (1) ``Crowder peas.'' Each unit with a color that is characteristic 
of very young peas.
    (2) ``Field peas'' and ``mixed types.'' Each unit with a color that 
is characteristic of very young peas.
    (c) * * *

                      Table III.--Color Attributes                      
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                Absolute limit (AL)                    Minimum number   
---------------------------------------------------       permitted     
                                                   ---------------------
                                                        73        119   
                                                   ---------------------
              Number of sample units                  Field             
                                                    peas, and   Crowder 
                                                      mixed       peas  
                                                      types             
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1.................................................         84        133
2.................................................        175        276
3.................................................        268        421
4.................................................        362        566
5.................................................        456        712
6.................................................        551        859
7.................................................        646       1006
8.................................................        741       1153
9.................................................        837       1148
10................................................        932       1596
11................................................       1028       1596
12................................................       1124       1744
13................................................       1220       1892
14................................................       1315       2040
15................................................       1411       2188
16................................................       1508       2336
17................................................       1604       2485
18................................................       1700       2633
19................................................       1796       2782
20................................................       1892       2930
21................................................       1989       3079
Acceptable quality Level (AQL)\1\.................       14.0      21.50
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\1\Based on an average count of 1400 units for ``White Acre'' peas and  
  700 units for all other types per 10 ounce package.                   

    Dated: December 1, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-29791 Filed 12-6-95; 8:45 am]
BILLING CODE 3410-02-P