[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Rules and Regulations]
[Page 48065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23317]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 178 / Thursday, September 12, 1996 /
Rules and Regulations
[[Page 48065]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 52
[FV-95-328]
United States Standards for Grades of Frozen Okra
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (USDA) is adopting as a final
rule, with change, the provisions of the interim final rule that amends
the existing U.S. standards for Frozen Okra by removing references to
trimmed pods. This change will allow producers of frozen okra the
option to pack whole and cut okra without trimming.
EFFECTIVE DATE: October 15, 1996.
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,
P.O. Box 96456, Washington, D.C. 20090-6456, Telephone (2) 720-4693.
SUPPLEMENTARY INFORMATION: This rule is issued under the United States
Standards for Grade of Frozen Okra (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. 1621-1627), hereinafter referred to as the
Act.
The USDA is issuing this rule in conformance with Executive Order
12866.
This rule has been reviewed under Executive Order 12988, 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 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 Agricultural Marketing Service 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, (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.
Further, no additional costs are expected to result from this
action for producers and benefits derived from this action may be
passed on to consumers.
The American Frozen Food Institute (AFFI) petitioned for emergency
relief from a requirement in the United States Standards for Grades of
Frozen Okra.
AFFI is a trade association representing over 560 food industry
companies that account for over 90 percent of frozen food production in
the United States.
The frozen okra industry requested that USDA revise the grade
standards for frozen okra so that producers of frozen okra will have
the option to pack whole an cut okra without trimming and still meet
the requirements of the United States Standards for Grades of Okra. The
U.S. grade standards are voluntary standards. However, there is
widespread use of the standards for frozen okra in contract
requirements.
When the United States grade standards were first issued, okra was
cut by hand. With the advent of mechanical harvesting, the techniques
of harvesting have changed. Also processing equipment, including
electronic sorters, has improved the quality such that the frozen okra
industry can control quality more effectively without extensive
handling.
Moreover, AFFI stated in its petition to revise the standards that
since the frozen okra standards were last revised in 1969, new
varieties have been established which leave the stems edible and tender
when harvested with pods of the desirable length for freezing. AFFI
noted that all other forms of whole okra including fresh, pickled,
etc., are marketed untrimmed.
AFFI also stated that the cost associated with trimming frozen
whole okra was approximately $.0625 per pound of okra. Based on 1994
United States production of 65,114,000 pounds of frozen okra sold,
trimming okra costs U.S. processors of frozen okra approximately
$4,069,625 each year.
AFFI claimed that in the time it takes to revise the frozen okra
standard through ordinary channels, frozen okra processors could incur
costs of more than $8 million.
Based on all the information received, USDA revised the grade
standards by amending the product description in Sec. 52.1511 and
Sec. 52.1512, Styles, in the United States Standards for Grades of
Frozen Okra. Also, in Sec. 52.1517(c)(5)(i), ``apparent untrimmed
pods'' was removed from the standards as a defect since it no longer
applies.
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
okra.
The interim final rule became effective when it was published in
the Federal Register (60 FR 62708) on December 7, 1995, with a 30-day
comment period. In response to the interim final rule the only comment
received was from AFFI, which agreed with this revision.
This action will finalize the interim final rule. In addition, in
the interim final rule, corrections are made to the authority citation.
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.
Accordingly, the interim final rule amending 7 CFR part 52, which
was published at 50 FR 62709 on December 7, 1995, is adopted as a final
rule with the following change.
PART 52--[AMENDED]
The authority citation for part 52 is revised to read as follows:
Authority: 7 U.S.C. 1621-1627.
Dated: September 6, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-23317 Filed 9-11-96; 8:45 am]
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