[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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  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]
BILLING CODE 3410-02-M