[Federal Register Volume 61, Number 70 (Wednesday, April 10, 1996)]
[Rules and Regulations]
[Pages 15875-15881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8930]



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  Federal Register / Vol. 61, No. 70 / Wednesday, April 10, 1996 / 
Rules and Regulations  

[[Page 15875]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 58

[DA-91-010B]


Grading and Inspection, General Specifications for Approved 
Plants and Standards for Grades of Dairy Products; United States 
Standards for Grades of Monterey (Monterey Jack) Cheese

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This document revises the United States Standards for Grades 
of Monterey (Monterey Jack) Cheese. The final rule action revises the 
standards to recognize differences in cheese characteristics resulting 
from technological changes in manufacturing practices and to more 
accurately describe consumer-acceptable product. The revision expands 
the permissible range of open body characteristics to include monterey 
(monterey jack) cheese manufactured using automated equipment. The 
revision was initiated at the request of the National Cheese Institute 
(NCI) and was developed in cooperation with NCI and other dairy trade 
associations.

EFFECTIVE DATE: May 10, 1996.

FOR FURTHER INFORMATION CONTACT: Roland S. Golden, Dairy Products 
Marketing Specialist, Dairy Standardization Branch, USDA/AMS/Dairy 
Division, Room 2750-S, P.O. Box 96456, Washington, DC 20090-6456, (202) 
720-7473.

SUPPLEMENTARY INFORMATION: This final rule has been reviewed under 
Executive Order 12778, Civil Justice Reform. This action is not 
intended to have retroactive effect. This rule does 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.
    The final rule also has been reviewed in accordance with the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Administrator, 
Agricultural Marketing Service, has determined that the final rule does 
not have a significant economic impact on a substantial number of small 
entities because use of the standards is voluntary and the revision 
does not increase costs to those utilizing the standards.
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    To recognize differences in cheese characteristics resulting from 
technological changes in the manufacture of monterey (monterey jack) 
cheese and to permit the assignment of U.S. grade to cheese 
manufactured utilizing this technology, USDA has revised the U.S. 
Standards for Grades of Monterey (Monterey Jack) Cheese. The revised 
standards have received general support from many manufacturers of 
monterey (monterey jack) cheese and dairy trade associations 
representing the cheese industry.
    In view of the need for revised standards, the Department published 
on March 3, 1995 (60 FR 11919) a proposal to revise the United States 
Standards for Grades of Monterey (Monterey Jack) Cheese. The standards 
contained in this final rule are the same as those set forth in the 
proposal. The new standards establish the following:

1. Expand Body and Texture Criteria To Permit U.S. Grade Assignment to 
Monterey (Monterey Jack) Cheese That Contains Less Than Numerous 
Mechanical Openings

    The current U.S. Standards for Grades of Monterey (Monterey Jack) 
Cheese became effective in 1973. When these standards were established, 
production procedures encouraged the formation of numerous small 
mechanical openings evenly distributed throughout the cheese. Since 
then, automated manufacturing processes have been developed which have 
altered traditional body characteristics. Monterey (monterey jack) 
cheese that is produced using automated production technology has 
resulted in cheese that no longer exhibits numerous mechanical 
openings. Cheese produced in this manner is readily available and is 
capturing an increasing share of the monterey cheese market. Changes in 
body characteristics have not altered the flavor or reduced the 
useability of the cheese.
    Changes in the standards provide for the assignment of U.S. grades 
to monterey (monterey jack) cheese that contains less than numerous 
mechanical openings or that may be completely devoid of mechanical 
openings. These changes do not disallow mechanical openings in cheese 
produced using traditional production methods.

2. Modify the Body Characteristics by Allowing ``Very Slight Weak'' in 
U.S. Grade AA Monterey (Monterey Jack) Cheese

    Compositional standards permit monterey (monterey jack) cheese to 
contain up to 44 percent moisture. Cheese that contains this moisture 
content is classified as a semisoft cheese. A very slight weak body is 
an acceptable characteristic in this class of cheese. The final rule 
adds ``very slight weak'' to the list of permissible body 
characteristics for U.S. Grade AA Monterey (Monterey Jack) Cheese.

3. Increase the Minimum Aging Period Before Monterey (Monterey Jack) 
Cheese Can Be Graded From 5 to 10 Days

    In order to accurately evaluate cheese quality, the cheese must 
have completed an aging period during which quality characteristics 
develop. All U.S. grade standards for various other varieties of cheese 
require an aging period to be at least 10 days. Changes established in 
the final rule increase the accuracy in determining U.S. grade for 
monterey (monterey jack) cheese by allowing cheese quality 
characteristics to develop to a greater extent. This change provides 
consistency with the age requirements prescribed for other types of 
cheese.

4. Permit the Use of Safe and Suitable Antimycotics on the Surface of 
Monterey (Monterey Jack) Cheese, as Sanctioned by the Food and Drug 
Administration

    The Food and Drug Administration (FDA) has amended the Standards of 
Identity for Monterey Cheese and Monterey Jack cheese (21 CFR Part 133, 
Cheese and Related Cheese Products,'' as issued by the Food and Drug 
Administration) to permit the use of

[[Page 15876]]
antimycotics on the surface of the cheese. The National Cheese 
Institute, a trade association representing U.S. cheese manufacturers, 
had petitioned FDA to permit the broader use of safe and suitable 
antimycotics. Previously, use was permitted only on cuts and slices in 
consumer-size packages for a number of standardized cheeses.
    The provision for the use of antimycotics is beneficial in 
preventing or inhibiting mold development on the surface of monterey 
(monterey jack) cheese.

5. Redefine Packaging Requirements

    Changes in packaging requirements provide greater clarity and 
expands the types of packaging methods permitted. The general-type 
packaging requirements outlined recognize the packaging methods (such 
as rinded and paraffin-dipped, rindless and wrapped, and rindless and 
paraffin-dipped) that are used in the cheese industry today, and 
provide latitude for future developments in packaging technology.

6. Update the Terminology and Format of the Standards

    The U.S. Standards for Grades of Monterey (Monterey Jack) Cheese 
were established in 1973. Since that time, changes in terminology and 
formatting of standards have taken place. This revision updates the 
standards to provide consistency among the various U.S. grade standards 
for cheeses.
    USDA grade standards are voluntary standards that are developed 
pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
seq.) to facilitate the marketing process. Manufacturers of dairy 
products are free to choose whether or not to use these grade 
standards. USDA grade standards for dairy products have been developed 
to identify the degree of quality in the various products. Quality in 
general refers to usefulness, desirability, and value of the product--
its marketability as a commodity. When monterey (monterey jack) cheese 
is officially graded, the USDA regulations and standards governing the 
grading of manufactured or processed dairy products are used. These 
regulations also require a charge for the grading service provided by 
USDA. The Agency believes this revision more accurately identifies the 
useful quality characteristics of monterey (monterey jack) cheese.

Public Comments

    On March 3, 1995, the Department published a proposed rule (60 FR 
11919) to revise the United States Standards for Grades of Monterey 
(Monterey Jack) Cheese. The public comment period closed May 2, 1995. 
Comments were received from one monterey (monterey jack) cheese 
manufacturer.

Discussion of Comments

    1. The commenter is concerned that expanding the body and texture 
criteria to permit U.S. Grade assignment to monterey (monterey jack) 
cheese which has altered traditional body characteristics due to 
automated manufacturing process lowers the standards for monterey 
(monterey jack) cheese.
    United States grade standards assist the orderly marketing of dairy 
products by establishing requirements to describe quality in monterey 
(monterey jack) cheese. To be of greatest value, these standards must 
accurately describe quality in monterey (monterey jack) cheese 
available in the market. Changes in manufacturing procedures have 
resulted in monterey (monterey jack) cheese that does not exhibit the 
numerous mechanical openings found in monterey (monterey jack) cheese 
produced according to traditional manufacturing procedures. Cheese 
without numerous mechanical openings is currently available and 
consumer acceptance is evident by its increasing availability. Changes 
in the U.S. grade standards will more accurately define quality in 
consumer-acceptable product and permit the assignment of U.S. grade to 
more cheese currently available in the market. Cheese made by 
traditional methods with numerous mechanical openings is still accepted 
in the market and will meet the U.S. grade standards.
    2. The commenter is concerned that allowing ``very slight weak'' 
body in U.S. Grade AA Monterey (Monterey Jack) Cheese would alter the 
high moisture cheese classification of the cheese.
    Monterey (Monterey jack) cheese is allowed a maximum moisture 
content of 44 percent by weight. Cheese with this amount of moisture 
content will naturally have a very slight weak body. By allowing a very 
slight weak body in U.S. Grade AA Monterey (Monterey Jack) Cheese, 
cheese made by traditional methods or made by other methods that 
produce a similar cheese would be acceptable.
    3. The commenter expressed concern that accepting monterey 
(monterey jack) cheese made by automated manufacturing processes would 
put the small manufacturers at an economic disadvantage.
    United States grade standards define quality in manufactured dairy 
products and do not require particular manufacturing procedures. The 
value of monterey (monterey jack) cheese is established by the 
manufacturer based on cost of production and its market value. This 
action expands the scope of the U.S. Standards for Grades of Monterey 
(Monterey Jack) Cheese to include expanded high-quality monterey 
(monterey jack) cheese produced for today's market.

List of Subjects in 7 CFR Part 58

    Dairy products, Food grades and standards, Food labeling, Reporting 
and recordkeeping requirements.

    For the reasons set forth in the preamble, 7 CFR Part 58 is amended 
as follows:

PART 58--[AMENDED]

    1. The authority citation for 7 CFR Part 58 continues to read as 
follows:

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

    2. Subpart I--United States Standards for Grades of Monterey 
(Monterey Jack) Cheese is revised to read as follows:
Subpart I--United States Standards for Grades of Monterey (Monterey 
Jack) Cheese

Definitions

Sec.
58.2465  Monterey (Monterey Jack) cheese.
58.2466  Types of surface protection.

U.S. Grades

58.2467  Nomenclature of U.S. grades.
58.2468  Basis for determination of U.S. grade.
58.2469  Specifications for U.S. grades.
58.2470  U.S. grade not assignable.

Explanation of Terms

58.2471  Explanation of terms.

Subpart I--United States Standards for Grades of Monterey (Monterey 
Jack) Cheese 1

    \1\ Compliance with these standards does not excuse failure to 
comply with the provisions of the Federal Food, Drug and Cosmetic 
Act.
---------------------------------------------------------------------------

Definitions


Sec. 58.2465  Monterey (Monterey Jack) cheese.

    Monterey (Monterey Jack) cheese is cheese made by the monterey 
process or by any other procedure which produces a finished cheese 
having the same organoleptic, physical, and chemical properties as the 
cheese produced by the monterey process. The cheese is made from 
pasteurized cow's milk. It may contain added common salt and contains 
not more than 44 percent moisture, its total solids content is not less 
than 50 percent milkfat, and it conforms to the applicable provisions 
of

[[Page 15877]]
21 CFR Part 133, ``Cheeses and Related Cheese Products,'' as issued by 
the Food and Drug Administration.


Sec. 58.2466  Types of surface protection.

    The following are the types of surface protection for monterey 
(monterey jack) cheese:
    (a) Rinded and paraffin-dipped.
    The cheese that has formed a rind is dipped in a refined paraffin, 
amorphous wax, microcrystalline wax, or other suitable substance. Such 
coating is a continuous, unbroken, and uniform film adhering tightly to 
the entire surface of the cheese rind.
    (b) Rindless.
    (1) Wrapped. The cheese is completely enveloped in a tight-fitting 
wrapper or other protective covering, which is sealed with sufficient 
overlap or satisfactory closure. The wrapper or covering shall not 
impart color or objectionable taste or odor to the cheese. The wrapper 
or covering shall be of sufficiently low permeability to air so as to 
prevent the formation of a rind.
    (2) Paraffin-dipped. The cheese is dipped in a refined paraffin, 
amorphous wax, microcrystalline wax, or other suitable substance. The 
paraffin shall be applied so that it is continuous, unbroken, and 
uniformly adheres tightly to the entire surface. If a wrapper or 
coating is applied to the cheese prior to paraffin dipping, it shall 
completely envelop the cheese and not impart color or objectionable 
taste or odor to the cheese.
    (c) If antimycotics are used, they shall be used in accordance with 
the provisions of Food and Drug Administration regulations (21 CFR Part 
133).

U.S. Grades


Sec. 58.2467  Nomenclature of U.S. grades.

    The nomenclature of U.S. grades is as follows:
    (a) U.S. Grade AA.
    (b) U.S. Grade A.
    (c) U.S. Grade B.


Sec. 58.2468  Basis for determination of U.S. grade.

    (a) The cheese shall be graded no sooner than 10 days of age.
    (b) The rating of each quality factor shall be established on the 
basis of characteristics present in any vat of cheese.
    (c) The U.S. grades of monterey (monterey jack) cheese are 
determined on the basis of rating the following quality factors:
    (1) Flavor.
    (2) Body and Texture.
    (3) Color.
    (4) Finish and Appearance.
    (d) The final U.S. grade shall be determined on the basis of the 
lowest rating of any one of the quality factors.


Sec. 58.2469  Specifications for U.S. grades.

    The general requirements for the U.S. Grades of Monterey (Monterey 
Jack) Cheese are as follows:
    (a) U.S. Grade AA. U.S. Grade AA Monterey (Monterey Jack) Cheese 
shall conform to the following requirements (See Tables I, II, III, and 
IV of this section):
    (1) Flavor. The cheese shall possess a fine and highly pleasing 
monterey (monterey jack) cheese flavor which is free from undesirable 
tastes and odors; or may be lacking in flavor development. The cheese 
may possess a very slight acid or feed flavor. See Table I of this 
section.
    (2) Body and Texture. A plug drawn from the cheese shall be 
reasonably firm. Dependent upon the method of manufacture, a 
satisfactory plug may exhibit evenly distributed small mechanical 
openings or a close body. The cheese shall be free from sweet holes, 
yeast holes, or other gas holes. The body may be very slightly weak, 
and the texture may be definitely curdy. See Table II of this section.
    (3) Color. The color shall be natural, uniform, and bright. See 
Table III of this section.
    (4) Finish and appearance.
    (i) Rinded and paraffin-dipped. The bandage shall be evenly placed 
over the entire surface of the cheese and be free from unnecessary 
overlapping and wrinkles, and not burst or torn. The rind shall be 
sound, firm, smooth, and provide good protection to the cheese. The 
surface shall be smooth, bright, and have a good coating of wax or 
coating of paraffin that adheres firmly to all surfaces. The cheese 
shall be free from mold under the paraffin. The cheese shall be free 
from high edges, huffing, or lopsidedness, but may possess soiled 
surface to a very slight degree. See Table IV of this section.
    (ii) Rindless and wrapped. The wrapper or covering shall be 
practically smooth and properly sealed with adequate overlapping at the 
seams or sealed by any other satisfactory type of closure. The wrapper 
or covering shall be neat and shall adequately and securely envelop the 
cheese, but may be slightly wrinkled. Allowance should be made for 
slight wrinkles caused by crimping or sealing when vacuum packaging is 
used. The cheese shall be free from mold under the wrapper or covering 
and shall not be huffed or lopsided. See Table IV of this section.
    (iii) Rindless and paraffin-dipped. The cheese surface shall be 
smooth, bright, and have a good coating of paraffin that adheres 
firmly. If a wrapper or coating is applied prior to paraffin dipping, 
it shall completely envelop the cheese. The cheese shall be free from 
high edges, huffing, lopsidedness, or mold. The cheese may possess 
soiled surface to a very slight degree. The wrapper may be wrinkled to 
a slight degree. See Table IV of this section.
    (b) U.S. Grade A. U.S. Grade A Monterey (Monterey Jack) Cheese 
shall conform to the following requirements (See Tables I, II, III, and 
IV of this section):
    (1) Flavor. The cheese shall possess a pleasing monterey (monterey 
jack) cheese flavor which is free from undesirable tastes and odors; or 
may be lacking in flavor development. The cheese may possess bitter or 
flat flavor to a very slight degree; and acid or feed flavor to a 
slight degree. See Table I of this section.
    (2) Body and texture. A plug drawn from the cheese shall be 
reasonably firm. Dependent upon the method of manufacture, a 
satisfactory plug may exhibit evenly distributed mechanical openings or 
a close body. The plug shall be free from sweet holes, yeast holes, or 
other gas holes. The body and texture may be very slightly weak or 
loosely knit, and definitely curdy. See Table II of this section.
    (3) Color. The color shall be natural, fairly uniform, and bright. 
The cheese may possess waviness to a very slight degree. See Table III 
of this section.
    (4) Finish and appearance.
    (i) Rinded and paraffin-dipped. The bandage shall be evenly placed 
over the entire surface of the cheese and not be burst or torn. The 
rind shall be sound, firm, smooth, and provide good protection to the 
cheese. The surface shall be practically smooth, bright, and have a 
good coating of paraffin that adheres firmly to all surfaces. The 
cheese shall be free from mold under the paraffin. The cheese may 
possess the following characteristics to a very slight degree: Soiled 
surface or surface mold; and to a slight degree: High edges, irregular 
press cloth, lopsided, or rough surface. See Table IV of this section.
    (ii) Rindless and wrapped. The wrapper or covering shall be 
practically smooth, properly sealed with adequate overlapping at the 
seams or sealed by any other satisfactory type of closure. The wrapper 
or covering shall be neat and adequately and securely envelop the 
cheese but may be slightly wrinkled. Allowance should be made for 
slight wrinkles caused by crimping or sealing when vacuum packaging is 
used. The cheese shall be free from mold under

[[Page 15878]]
the wrapper or covering and shall not be huffed but may possess to a 
slight degree: High edges, irregular press cloth, lopsided, or rough 
surface. See Table IV of this section.
    (iii) Rindless and paraffin-dipped. The cheese surface shall be 
bright and have a good coating of paraffin that adheres firmly. If a 
wrapper or coating is applied prior to paraffin dipping, it shall 
completely envelop the cheese and have a good coating of paraffin that 
adheres firmly. The cheese may possess soiled surface to a very slight 
degree but shall be free from mold, and it may possess to a slight 
degree: High edges, irregular press cloth, lopsided, rough surface, or 
wrinkled wrapper or covering. See Table IV of this section.
    (c) U.S. Grade B. U.S. Grade B Monterey (Monterey Jack) Cheese 
shall conform to the following requirements (See Tables I, II, III, and 
IV of this section):
    (1) Flavor. The cheese may possess a fairly pleasing monterey 
(monterey jack) cheese flavor; or it may be lacking in flavor 
development. The cheese may possess onion or sour flavor to a very 
slight degree; barny, bitter, flat, fruity, malty, old milk, rancid, 
utensil, weedy, whey-taint, or yeasty flavor to a slight degree; and 
acid or feed flavor to a definite degree. See Table I of this section.
    (2) Body and texture. A plug drawn from the cheese shall be 
moderately firm. Dependent upon the method of manufacture, a 
satisfactory plug may exhibit mechanical openings or a close body. The 
cheese may possess the following characteristics to a slight degree: 
Coarse, corky, crumbly, gassy, loosely knit, mealy, pasty, short, 
slitty, sweet holes, or weak; and the following to a definite degree: 
Curdy. See Table II of this section.
    (3) Color. The cheese may possess the following characteristics to 
a slight degree: Acid-cut, dull, faded, mottled, salt spots, unnatural, 
or wavy. In addition, rindless monterey cheese may have a bleached 
surface to a slight degree. See Table III of this section.
    (4) Finish and appearance.
    (i) Rinded and paraffin-dipped. The bandage shall be placed over 
the entire surface of the cheese and may be uneven and wrinkled, but 
not burst or torn. The rind shall be reasonably sound and free from 
soft spots, rind rot, cracks, or openings of any kind. The surface may 
be rough and unattractive but shall possess a fairly good coating of 
paraffin. The paraffin may be scaly or blistered, with very slight mold 
under the bandage or paraffin, but there shall be no indication that 
mold has entered the cheese. The cheese may possess the following 
characteristics to a slight degree: Checked rind, defective coating, 
soiled surface, sour rind, surface mold, or weak rind; and to a 
definite degree: High edges, irregular press cloth, lopsided, or rough 
surface. See Table IV of this section.
    (ii) Rindless and wrapped. The wrapper or covering shall be 
unbroken and shall adequately and securely envelop the cheese. The 
following may be present to a very slight degree: Mold under the 
wrapper but not entering the cheese; to a slight degree: Soiled surface 
or surface mold; and to a definite degree: High edges, irregular press 
cloth, lopsided, rough surface, or wrinkled wrapper or cover. See Table 
IV of this section.
    (iii) Rindless and paraffin-dipped. The wrapper or coating applied 
prior to paraffin dipping shall adequately and securely envelop the 
cheese and have a coating of paraffin that adheres firmly to the cheese 
wrapper and shall be unbroken but may be definitely wrinkled. The 
paraffin may be scaly or blistered, with very slight mold under the 
paraffin, but there shall be no indication that mold has entered the 
cheese. The cheese may possess the following characteristics to a 
slight degree: Defective coating, soiled surface, or surface mold; and 
the following to a definite degree: High edges, irregular press cloth, 
lopsided, rough surface, or wrinkled wrapper or covering. See Table IV 
of this section.

                        Table I.--Classification of Flavor With Corresponding U.S. Grade                        
----------------------------------------------------------------------------------------------------------------
       Flavor characteristics                    AA                        A                        B           
----------------------------------------------------------------------------------------------------------------
Acid................................  VS                        S                        D                      
Barny...............................  -                         -                        S                      
Bitter..............................  -                         VS                       S                      
Feed................................  VS                        S                        D                      
Flat................................  -                         VS                       S                      
Fruity..............................  -                         -                        S                      
Malty...............................  -                         -                        S                      
Old milk............................  -                         -                        S                      
Onion...............................  -                         -                        VS                     
Rancid..............................  -                         -                        S                      
Sour................................  -                         -                        VS                     
Utensil.............................  -                         -                        S                      
Weedy...............................  -                         -                        S                      
Whey-taint..........................  -                         -                        S                      
Yeasty..............................  -                         -                        S                      
----------------------------------------------------------------------------------------------------------------
- = Not permitted VS = Very Slight S = Slight D = Definite.                                                     


                   Table II.--Classification of Body and Texture With Corresponding U.S. Grade                  
----------------------------------------------------------------------------------------------------------------
  Body and texture characteristics               AA                        A                        B           
----------------------------------------------------------------------------------------------------------------
Coarse..............................  -                         -                        S                      
Corky...............................  -                         -                        S                      
Crumbly.............................  -                         -                        S                      
Curdy...............................  D                         D                        D                      
Gassy...............................  -                         -                        S                      
Loosely knit........................  -                         VS                       S                      
Mealy...............................  -                         -                        S                      
Pasty...............................  -                         -                        S                      
Short...............................  -                         -                        S                      

[[Page 15879]]
                                                                                                                
Slitty..............................  -                         -                        S                      
Sweet holes.........................  -                         -                        S                      
Weak................................  VS                        VS                       S                      
----------------------------------------------------------------------------------------------------------------
- = Not permitted VS = Very Slight S = Slight D = Definite.                                                     



                        Table III.--Classification of Color With Corresponding U.S. Grade                       
----------------------------------------------------------------------------------------------------------------
        Color characteristics                    AA                        A                        B           
----------------------------------------------------------------------------------------------------------------
Acid-cut............................  -                         -                        S                      
Bleached surface (rindless).........  -                         -                        S                      
Dull or faded.......................  -                         -                        S                      
Mottled.............................  -                         -                        S                      
Salt spots..........................  -                         -                        S                      
Unnatural...........................  -                         -                        S                      
Wavy................................  -                         VS                       S                      
----------------------------------------------------------------------------------------------------------------
- = Not permitted VS = Very Slight S = Slight D = Definite.                                                     


                Table IV.--Classification of Finish and Appearance With Corresponding U.S. Grade                
----------------------------------------------------------------------------------------------------------------
        Finish and appearance                                                                                   
           characteristics                       AA                        A                        B           
----------------------------------------------------------------------------------------------------------------
Rindless:                                                                                                       
    Defective coating (paraffin-      -                         -                        S                      
     dipped: scaly, blistered, and                                                                              
     checked)..                                                                                                 
    High edges......................  -                         S                        D                      
    Irregular press cloth (uneven,    -                         S                        D                      
     wrinkled, and improper                                                                                     
     overlapping).                                                                                              
    Lopsided........................  -                         S                        D                      
    Mold under wrapper or covering..  -                         -                        VS                     
    Rough surface...................  -                         S                        D                      
    Soiled surface..................  -                         -                        S                      
    Soiled surface (paraffin-dipped)  VS                        VS                       S                      
    Surface mold....................  -                         -                        S                      
    Wrinkled wrapper or covering....  S                         S                        D                      
Rinded:                                                                                                         
    Checked rind....................  -                         -                        S                      
    Defective coating (scaly,         -                         -                        S                      
     blistered, and checked).                                                                                   
    High edges......................  -                         S                        D                      
    Irregular press cloth (uneven,    -                         S                        D                      
     wrinkled, and improper                                                                                     
     overlapping).                                                                                              
    Lopsided........................  -                         S                        D                      
    Mold under paraffin.............  -                         -                        VS                     
    Rough surface...................  -                         S                        D                      
    Soiled surface..................  VS                        VS                       S                      
    Sour rind.......................  -                         -                        S                      
    Surface mold....................  -                         VS                       S                      
    Weak rind.......................  -                         -                        S                      
----------------------------------------------------------------------------------------------------------------
- = Not permitted VS = Very Slight S = Slight D = Definite.                                                     

Sec. 58.2470  U.S. grade not assignable.

    Monterey (Monterey Jack) cheese shall not be assigned a U.S. grade 
for one or more of the following reasons:
    (a) The cheese fails to meet or exceed the requirements for U.S. 
Grade B.
    (b) The cheese is produced in a plant that is rated ineligible for 
USDA grading service or is not USDA-approved.

Explanation of terms


Sec. 58.2471  Explanation of Terms.

    (a) With respect to types of surface protection:
    (1) Paraffin. Refined paraffin, amorphous wax, microcrystalline 
wax, or any combination of such or any other suitable substance.
    (2) Paraffin dipped. Cheese that has been coated with paraffin.
    (3) Rind. A hard coating caused by the dehydration of the surface 
of the cheese.
    (4) Rinded. A protection developed by the formation of a rind.
    (5) Rindless. Cheese which has not formed a rind due to the 
impervious type of wrapper, covering, or container, enclosing the 
cheese.
    (6) Wrapped. Cheese that has been covered with a transparent or 
opaque material (plastic film type or foil) next to the surface of the 
cheese.
    (7) Wrapper or covering. A plastic film or foil material next to 
the surface of the cheese, used as an enclosure or covering of the 
cheese.
    (b) With respect to flavor:
    (1) Very slight. Detected only upon very critical examination.
    (2) Slight. Detected only upon critical examination.
    (3) Definite. Not intense but detectable.
    (4) Undesirable. Those listed in excess of the intensity permitted 
or those characterizing flavors not listed.
    (5) Acid. Sharp and puckery to the taste, characteristic of lactic 
acid.
    (6) Barny. A flavor characteristic of the odor of a poorly 
ventilated cow barn.
    (7) Bitter. Distasteful, similar to the taste of quinine.
    (8) Feed. Feed flavors (such as alfalfa, sweetclover, silage, or 
similar feed) in

[[Page 15880]]
milk which have carried through into the cheese.
    (9) Flat. Insipid, practically devoid of any characteristic 
monterey (monterey jack) cheese flavor.
    (10) Fruity. A fermented, sweet, fruit-like flavor resembling 
apples.
    (11) Lacking in flavor development. No undesirable and very little, 
if any, monterey (monterey jack) cheese flavor development.
    (12) Malty. A distinctive, harsh flavor suggestive of malt.
    (13) Old milk. Lacks freshness.
    (14) Onion. A flavor recognized by the peculiar taste and aroma 
suggestive of its name. Present in milk or cheese when the cows have 
eaten onions, garlic, or leeks.
    (15) Rancid. A flavor suggestive of rancidity or butyric acid; 
sometimes associated with bitterness.
    (16) Sour. An acid, pungent flavor resembling vinegar.
    (17) Utensil. A flavor that is suggestive of improper or inadequate 
washing and sterilization of milking machines, utensils, or factory 
equipment.
    (18) Weedy. A flavor present in cheese when cows have eaten weedy 
hay or grazed on weed-infested pasture.
    (19) Whey-taint. A slightly acid flavor characteristic of fermented 
whey.
    (20) Yeasty. A flavor indicating yeast fermentation.
    (c) With respect to body and texture:
    (1) Very slight. Detected only upon very critical examination and 
present only to a minute degree.
    (2) Slight. Barely identifiable and present only to a small degree.
    (3) Definite. Readily identifiable and present to a substantial 
degree.
    (4) Coarse. Feels rough, dry, and sandy.
    (5) Corky. Hard, tough, over-firm cheese which does not readily 
break down when rubbed between the thumb and fingers.
    (6) Crumbly. Tends to fall apart when rubbed between the thumb and 
fingers.
    (7) Curdy. Smooth but firm; when worked between the fingers is 
rubbery and not waxy or broken down.
    (8) Firm. Feels solid, not soft or weak.
    (9) Gassy. Gas holes of various sizes and may be scattered.
    (10) Loosely knit. Curd particles which are not well-matted and 
fused together.
    (11) Mealy. Short body, does not mold well and looks and feels like 
corn meal when rubbed between the thumb and fingers.
    (12) Mechanical openings. Irregular shaped openings that are caused 
by variations in make procedure and not caused by gas fermentation.
    (13) Pasty. Is usually a weak body and when the cheese is rubbed 
between the thumb and fingers becomes sticky and smeary.
    (14) Pinny. Numerous very small gas holes.
    (15) Reasonably firm. Somewhat less firm but not to the extent of 
being weak.
    (16) Short. No elasticity in the cheese plug and when rubbed 
between the thumb and fingers, the cheese tends toward mealiness.
    (17) Slitty. Narrow, elongated slits generally associated with a 
cheese that is gassy or yeasty. These slits may sometimes be referred 
to as ``fish-eyes.''
    (18) Sweet holes. Spherical gas holes which are glossy in 
appearance and usually about the size of BB shots. These gas holes are 
sometimes referred to as ``shot holes.''
    (19) Weak. The cheese plug is soft but is not necessarily sticky 
like a pasty cheese and requires little pressure to crush.
    (d) With respect to color:
    (1) Very slight. Detected only upon very critical examination and 
present only to a minute degree.
    (2) Slight. Barely identifiable and present only to a small degree.
    (3) Acid-cut. A bleached or faded color which sometimes varies 
throughout the cheese and appears most often around mechanical 
openings.
    (4) Bleached surface. A faded color beginning at the surface and 
progressing inward.
    (5) Dull or faded. A color condition lacking in luster or 
translucency.
    (6) Mottled. Irregular shaped spots or blotches in which portions 
are not uniform in color. Also an unevenness of color due to combining 
the curd from two different vats, sometimes referred to as ``mixed 
curd.''
    (7) Natural. White to light cream in color.
    (8) Salt spots. Large light-colored spots or areas.
    (9) Unnatural. Any color which is not white to light cream.
    (10) Wavy. An unevenness of color which appears as layers or waves.
    (e) With respect to finish and appearance:
    (1) Very slight. Detected only upon very critical examination and 
present to a minute degree.
    (2) Slight. Barely identifiable and present to a small degree.
    (3) Definite. Readily identifiable and present to a substantial 
degree.
    (4) Adequately and securely enveloped. The wrapper or covering is 
properly sealed and entirely encloses the cheese with sufficient 
adherence to the surface of the cheese to protect it from contamination 
or dehydration.
    (5) Bandage. Cheese cloth used to wrap cheese prior to dipping in 
paraffin.
    (6) Bandage evenly placed. Placement of the bandage so that it 
completely envelops the cheese and overlaps evenly about one inch.
    (7) Bright surface. Clean, glossy surface.
    (8) Burst or torn bandage. A severance of the bandage usually 
occurring at the side seam; or when the bandage is otherwise snagged or 
broken.
    (9) Checked rind. Numerous small cracks or breaks in the rind which 
sometimes follows the outline of curd particles.
    (10) Defective coating. A brittle coating of paraffin that breaks 
and peels off in the form of scales or flakes; flat or raised blisters 
or bubbles under the surface of the paraffin; checked paraffin, 
including cracks, breaks or hairline checks in the paraffin or coating 
of the cheese.
    (11) Firm sound rind. A rind possessing a firmness and thickness 
(not easily dented or damaged) consistent with the size of the cheese 
and which is dry, smooth, and closely knit, sufficient to protect the 
interior quality from external defects; free from checks, cracks, 
breaks, or soft spots.
    (12) High edge. A rim or ridge on the side of the cheese.
    (13) Huffed. A block of cheese which is swollen because of gas 
fermentation. The cheese becomes rounded or oval in shape instead of 
having flat surfaces.
    (14) Irregular press cloth. Press cloth improperly placed in the 
hoop resulting in too much press cloth on one end and insufficient on 
the other causing overlapping; wrinkled and loose fitting.
    (15) Lopsided. One side of the cheese is higher than the other 
side.
    (16) Mold under bandage and paraffin. Mold spots or areas under the 
paraffin.
    (17) Mold under wrapper or covering. Mold spots or areas under the 
wrapper or covering.
    (18) Rind rot. Soft spots on the rind that have become discolored 
and are decayed or decomposed.
    (19) Rough Surface. Lacks smoothness.
    (20) Smooth surface. Not rough or uneven.
    (21) Soft spots. Areas soft to the touch and which are usually 
faded and moist.
    (22) Soiled surface. Milkstone, rust spots, or other discoloration 
on the surface of the cheese.
    (23) Sour rind. A fermented rind condition, usually confined to the 
faces of the cheese.
    (24) Surface mold. Mold on the exterior of the paraffin or wrapper.
    (25) Wax or paraffin that adheres firmly to the surface of the 
cheese. A

[[Page 15881]]
coating with no cracks, breaks, or loose areas.
    (26) Weak rind. A thin rind which possesses little or no resistance 
to pressure.

    Dated: April 4, 1996.
Lon Hatamiya,
Administrator.
[FR Doc. 96-8930 Filed 4-9-96; 8:45 am]
BILLING CODE 3410-02-P