[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Rules and Regulations]
[Pages 11125-11127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6343]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 54 / Tuesday, March 19, 1996 / Rules 
and Regulations  

[[Page 11125]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket Number FV-94-301]


Table Grapes (European or Vinifera Type); Grade Standards

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revises the United States Standards for Grades 
of Table Grapes (European or Vinifera Type). This rule lowers the 
present minimum bunch size and provides a separate tolerance for off-
size bunches for the U.S. No. 1 Institutional grade only. It also 
includes a technical update which would revise the reference to Arizona 
and California State maturity regulations.

EFFECTIVE DATE: April 18, 1996. The incorporation by reference of 
certain publications listed in the regulations has been approved by the 
Director of the Federal Register as of April 18, 1996.

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: The Department of Agriculture (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 substantial number of 
small entities. This final rule revising the U.S. Standards for Grades 
of Table Grapes (European or Vinifera Type) 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.
    This final 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 Table Grapes (European or 
Vinifera Type) was revised in April 1991. This revision established a 
new grade, U.S. No. 1 Institutional. This grade--used in sales to 
restaurant and other food service concerns--provides for grape lots 
which have very small bunch sizes. In recent years, new marketing and 
packaging techniques have developed very small, individual consumer 
size servings of grapes. Under previous grade requirements these 
``single serving'' type grape bunches were too small to meet any U.S. 
grade. Therefore, the Department developed, at the request of the table 
grape industry, a separate grade reflecting today's modern marketing 
and packaging methods for the growing food service market while 
preserving the integrity of the ``regular'' fresh pack grades for 
grapes sold to consumers in supermarkets and other retail outlets. 
Thus, grades for two different types of pack could be contained in one 
standard allowing the grades to share common characteristics while at 
the same time maintaining grades for two distinct types (packs) of 
table grapes.
    This portion of the final rule concerns only the institutional pack 
and not the ``regular'' fresh pack grades. Growers and shippers of the 
institutional pack type table grape represented by the California Grape 
and Tree Fruit League (CGTFL) requested a revision to the institutional 
grade only, to address a new market which is emerging that would 
utilize extremely small clusters and/or bunches of grapes. According to 
the CGTFL, these buyers typically want a smaller grouping of grapes 
than is allowed under the current two ounce minimum bunch size 
requirement in the institutional grade. As an example, certain 
restaurant chains presently garnish some of their plates with 
institutional pack grapes, but must cut the existing small bunches to 
even smaller clusters of grapes (as little as two berries to a cluster) 
to fit their particular needs. Changing this minimum bunch requirement 
on the U.S. No. 1 Institutional grade allows the industry to develop 
contract specifications and otherwise use the U.S. grade to satisfy 
that growing segment of the restaurant and food service industry market 
that utilizes grapes as a garnish.
    A proposed rule was issued to address this change as well as other 
changes. Docket Number FV-94-301 was published in the Federal Register 
as a proposed rule on March 15, 1995, [Vol. 60, No. 50, Pages 13926-
13928]. A comment period of sixty days was issued which closed on May 
15, 1995.
    A total of seven comments were received pertaining to this specific 
issue. Six of these comments, from growers/shippers, a receivers' trade 
association, and a growers' trade association, were in favor of the 
proposed change. A receiver commented against the proposed change but 
offered no other explanation other than ``At this time I am pleased 
with the current situation.'' AMS is of the view that the changes as 
concerning U.S. No. 1 Institutional, will more efficiently serve the 
industry which produces ``institutional type'' table grapes.
    Therefore, this final rule changes Section 51.885 U.S. No. 1 
Institutional to resemble Section 51.884 (the format for U.S. No. 1 
Table), except for the elimination of straggliness requirements and 
trimming away of defective berries for bunches, by providing a lower 
size designation from the previous minimum of two ounces to the new 
minimum requirement of a two berry cluster. The opening paragraph of 
the institutional grade requirement section reads as follows: ``` U.S. 
No. 1 Institutional' grapes must have no less than 95 percent of the 
containers in the lot

[[Page 11126]]
legibly marked `Institutional Pack.' Further requirements for this 
grade include grapes which consist of clusters and/or bunches of well 
developed grapes of one variety, except when designated as assorted 
varieties, which are at least fairly well colored, uniform in 
appearance when so specified in connection with the grade, and which 
meet the following requirements:''
    As mentioned above, the requirements will be the same as for U.S. 
No. 1 Table except paragraph (b)(1) ``Not Straggly'' and (g)(4) 
``Trimming away of defective berries'' will be omitted. Also, paragraph 
(h)(2) includes size requirements for clusters and/or berries:
    ``(2) For clusters/bunches: In this grade grapes shall consist of 
at least a two berry cluster ranging to clusters and/or bunches of 
grapes not greater than five ounces in weight. See Section 51.913.''
    The present Section 51.913, Metric Conversion Table, is 
redesignated Section 51.914 and a new Section 51.913 is added to define 
a cluster. Since grape bunches are normally thought of as a series of 
grapes attached to small lateral stems which are in turn attached to a 
common main stem, the term bunch does not seem entirely appropriate 
when referring to two berries which share a common point of attachment. 
Therefore, for the purpose of the U.S. No. 1 Institutional grade only, 
Section 51.913 shall define a cluster as ``two or more berries sharing 
a common point of attachment.''
    In addition, Table Ia, Tolerances at Shipping Point for U.S. No. 1 
Institutional Only, and Table IIa, Tolerances En Route or at 
Destination for U.S. No. 1 Institutional Only, would be added. The 
CGTFL requested that a separate tolerance of four percent be provided 
for offsize clusters or bunches to maintain the integrity of the grade 
in relation to size requirements. Presently, Tables I and II combine 
both the offsize and remaining grade requirements in one tolerance 
(eight percent for tolerances at shipping point, Table I, and 12 
percent for tolerances en route or at destination, Table II). The 
corresponding new tables, Table Ia and IIa for U.S. No. 1 Institutional 
grade only, maintain an eight and twelve percent tolerance, 
respectively, for remaining grade requirements but include a separate 
tolerance of four percent for offsize clusters or bunches.
    The proposed rule also included a technical change which is not 
associated with the request pertaining to the U.S. No. 1 Institutional 
grade. Presently, Sections 51.882 (i)(1)(ii) and 51.884 (i)(1)(i) make 
reference to ``Superior Seedless'' as a varietal name. Representatives 
of Sunworld International, Inc., California, have argued that 
``Superior Seedless'' is a registered trademark name and not the 
varietal name. ``Sugraone'' according to Sunworld, is the correct 
varietal name.
    The intent of AMS in proposing to change the wording to reflect 
``sugraone'' as the varietal name was to correct what at first appeared 
to be an incorrect reference in the text of these grade standards. 
However, after reviewing the comments pertaining to the proposed change 
and conducting further research on this question, AMS found that the 
varietal name issue is a complicated one involving a number of 
interests. The question concerning the appropriate varietal name for 
the grape has been ongoing for several years, and has been the subject 
of State proceedings.
    AMS provides inspection and grading services and issues grade and 
quality standards for commodities such as grapes. The agency does not 
determine varietal names for such commodities. Therefore, based on the 
above, the proposal to change the name ``Superior Seedless'' to 
``Sugraone'' is withdrawn.
    A total of ten comments were received pertaining to this specific 
issue. Five comments from growers/shippers, receivers, and an European 
import/export company were in favor of changing the reference in the 
standard from Superior Seedless to Sugraone. Five comments from 
growers/shippers, and receivers were against making this change.
    Therefore, AMS has decided that no changes will be made to the text 
when stating grade requirements for this particular variety at this 
time. Sections 51.882, 51.884, and 51.885 and any other references to 
this variety will remain unchanged from the present standard, using the 
term ``Superior Seedless.''
    In a separate, third area, as a technical change the paragraphs 
incorporating text by reference to maturity requirements for grapes 
grown in Arizona and California have been revised. Specifically, 
Section 51.888 Maturity Requirements, has been revised to incorporate 
by reference the latest Arizona table grape maturity requirements. 
Therefore, it is no longer necessary to include each subsection of 
Arizona regulations within the standard. This change will result in 
deleting subsections (i), (ii)(A) through (E), and (iii). This 
incorporation by reference was approved by the Director of the Federal 
Register on August 25, 1995 in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
    The latest reference to the Arizona standards became effective 
January 6, 1994. This results in two changes concerning procedure: 1.) 
The reference to Cardinals and Robins requiring at least 14.5 percent 
soluble solids is removed, and 2.). Instead of sampling the least 
mature grapes in any container for the maturity test, the least mature 
grapes in a contiguous area of the container shall be sampled.
    In addition, Paragraph 2 of this section is being revised to 
reference the latest edition of the Administrative Code of California 
(February 28, 1992). There are no apparent procedure changes as a 
result of this change, however this does make the incorporation by 
reference current.

List of Subjects in 7 CFR Part 51

    Agricultural commodities, Food grades and standards, Fruits, Nuts, 
Reporting and recordkeeping requirements, Trees, Vegetables.

    For reasons set forth in the preamble, 7 CFR Part 51 shall be 
amended as follows:

PART 51--[AMENDED]

    1. The authority citation for Part 51 continues to read as follows:

    Authority: 7 U.S.C. 1621-1627.

    2. Section 51.885 is revised to read as follows:


Sec. 51.885   U.S. No. 1 Institutional.

    ``U.S. No. 1 Institutional'' grapes must have no less than 95 
percent of the containers in the lot legibly marked ``Institutional 
Pack.'' Further requirements for this grade include grapes which 
consist of clusters and/or bunches of well developed grapes of one 
variety, except when designated as assorted varieties, which are at 
least fairly well colored, uniform in appearance when so specified in 
connection with the grade, and which meet the following requirements:
    (a) Basic requirements for berries:
    (1) Mature;
    (2) Firm;
    (3) Firmly attached to capstem;
    (4) Not weak;
    (5) Not materially shriveled at capstem;
    (6) Not shattered;
    (7) Not split or crushed;
    (8) Not wet.
    (b) Basic requirements for stems: Not weak, or dry and brittle.
    (c) Berries free from:
    (1) Decay;
    (2) Waterberry;
    (3) Sunburn.
    (d) Stems free from:
    (1) Mold;
    
[[Page 11127]]

    (2) Decay.
    (e) Berries not damaged by: Any other cause.
    (f) Bunches not damaged by:
    (1) Shot berries;
    (2) Dried berries;
    (3) Other defective berries;
    (4) Any other cause.
    (g) Stems not damaged by:
    (1) Freezing;
    (2) Any other cause.
    (h) Size:
    (1) For berries: Exclusive of shot berries and dried berries, 75 
percent, by count, of the berries on each bunch shall have the minimum 
diameters indicated for varieties as follows:
    (i) Thompson Seedless, Perlette, Delight, Beauty Seedless, Superior 
Seedless, Flame Seedless and other seedless varieties nine-sixteenths 
of an inch.
    (ii) Other varieties ten-sixteenths of an inch.
    (2) For clusters/bunches: In this grade grapes shall consist of at 
least a two berry cluster ranging to clusters and/or bunches of grapes 
not greater than five ounces in weight. See Section 51.913.
    (i) For tolerances see Section 51.886.
    3. Section 51.886 is amended by revising the introductory text of 
paragraph (b) and adding a new paragraph (c) to read as follows:


Sec. 51.886   Tolerances.

* * * * *
    (b) In order to allow for variations incident to proper grading and 
handling in each of the foregoing grades except U.S. No. 1 
Institutional, tolerances, by weight, other than for maturity, are 
provided as set forth in Tables I and II.
* * * * *
    (c) In order to allow for variations incident to proper grading and 
handling in the U.S. No. 1 Institutional grade only, tolerances, by 
weight, other than for maturity, are provided as set forth in Tables Ia 
and IIa of this section.

  Table Ia.--Tolerances at Shipping Point for U.S. No. 1 Institutional  
                             Grade Only \1\                             
                                [Percent]                               
------------------------------------------------------------------------
                   Factor                      U.S. No. 1 institutional 
------------------------------------------------------------------------
(A) For clusters/bunches failing to meet     10.                        
 color requirements.                                                    
(B) For clusters/bunches failing to meet     10.                        
 requirements for minimum diameter of                                   
 berries.                                                               
(C) For offsize clusters/bunches...........  4.                         
(D) For clusters/bunches and berries         8.                         
 failing to meet the remaining requirements                             
 for the grade.                                                         
Including in (D):                                                       
  (a) For serious damage...................  2                          
    And, including in (a):                                              
(i) For decay..............................  \1/2\ of 1.                
------------------------------------------------------------------------
\1\Shipping point, as used in these standards, 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.                                                               


    Table IIa.--Tolerances En Route or at Destination for U.S. No. 1    
                        Institutional Grade Only                        
------------------------------------------------------------------------
                                                             U.S. No. 1 
                          Factor                           institutional
------------------------------------------------------------------------
(A) For clusters/bunches failing to meet color                          
 requirements............................................          10.  
(B) For clusters/bunches failing to meet requirements for               
 minimum diameter of berries.............................          10.  
(C) For offsize clusters/bunches.........................           4.  
(D) For clusters/bunches and berries failing to meet the                
 remaining requirements for the grade....................          12.  
Including in (D):                                                       
  (a) For permanent defects..............................           8.  
  (b) For serious damage.................................           4.  
    And, including in (b):                                              
      (i) For serious damage by permanent defects........           2.  
      (ii) For decay.....................................           1.  
------------------------------------------------------------------------

    4. In Sec. 51.888 paragraph (a) is revised to read as follows:


Sec. 51.888  Maturity requirements.

    (a) In the case of grapes grown in Arizona or California, 
``mature'' means grapes in any lot shall meet the maturity requirements 
for the variety as set forth in the applicable State Agricultural Laws 
and Regulations referenced in this section. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from, in the case of Arizona maturity regulations, Arizona 
Department of Agriculture, Citrus, Fruit and Vegetable Standardization, 
1688 W. Adams, Phoenix, AZ 85007 or in the case of California maturity 
regulations, California Department of Food and Agriculture, Fruit and 
Vegetable Quality Control, Standardization Section, 1220 N Street, P.O. 
Box 942871, Sacramento, California 94271-0001 or copies of both 
regulations may be inspected at USDA, AMS, F&VD, FPB, Standardization 
Section, Room 2065-S, 14th and Independence Avenue, Washington, DC 
20250 or at the Office of the Federal Register, Suite 700, 800 North 
Capitol, Washington, DC.
    (1) Arizona maturity regulations are contained in Chapter 4--Plant 
Services Division, Article 7, Fruit And Vegetable Standardization, 
Section R3-4-733 Table Grape Standards, Effective January 6, 1994.
    (2) California maturity regulations are contained in The California 
Code of Regulations, Title 3, Subchapter 4. Fresh Fruits, Nuts and 
Vegetables, Article 25, Table Grapes and Raisins, February 28, 1992.
* * * * *


Sec. 51.913  [Redesignated as Sec. 51.914]

    5. In Part 51, Subpart--United States Standards for Grades of Table 
Grapes (European or Vinifera Type), Sec. 51.913 is redesignated as 
Sec. 51.914 and a new Sec. 51.913 is added under the heading 
``Definitions'' to read as follows:


Sec. 51.913  Clusters.

    ``Clusters'' as used in these standards in reference to the U.S. 
No. 1 Institutional grade only shall be defined as two or more berries 
sharing a common point of attachment.

    Dated: March 11, 1996.
Lon Hatamiya,
Administrator.
[FR Doc. 96-6343 Filed 3-18-96; 8:45 am]
BILLING CODE 3410-02-P