[Federal Register Volume 63, Number 233 (Friday, December 4, 1998)]
[Notices]
[Pages 67040-67041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32208]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 63, No. 233 / Friday, December 4, 1998 / 
Notices  

[[Page 67040]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service
[FV-98-326N]


United States Standards for Grades of Canned Mushrooms

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) is soliciting comments on its proposal to revise the 
United States Standards for Grades of Canned Mushrooms. Specifically, 
USDA is proposing to lower the Recommended Minimum Drained Weight 
Averages (RMDWA's) and lower limits for mushrooms packed in the 8 
ounce, jumbo, and No. 10 can sizes. These changes would bring the 
standards in line with the Food and Drug Administration (FDA) minimum 
drained weights.

DATES: Written comments may be submitted on or before February 2, 1999.

ADDRESSES: Written comments may be submitted to Chere L. Shorter, 
Processed Products Branch, Fruit and Vegetable Programs, STOP 0247, 
P.O. Box 96456, Washington, D.C. 20090-6456; faxed to (202) 690-1087; 
or e-mailed to [email protected]. All comments received will 
be made available for public inspection at the above address during 
regular business hours (8:00 to 4:30 p.m.).
    The current United States Standards for Grades of Canned Mushrooms, 
along with the proposed changes, are available either through the above 
address or by accessing AMS's website on the Internet at 
www.ams.usda.gov/standards/vegcan.htm.

FOR FURTHER INFORMATION CONTACT: Chere L. Shorter at (202) 720-4693.

SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing 
Act of 1946, as amended, directs and authorizes the Secretary of 
Agriculture ``to develop and improve standards of quality, condition, 
quantity, grade and packaging and recommend and demonstrate such 
standards to encourage uniformity and consistency in commercial 
practices . . .''. The Agricultural Marketing Service (AMS) is 
committed to carrying out this authority in a way that facilitates the 
marketing of agricultural commodities and makes copies of official 
standards available upon request.
    The U.S. Standards for Grades of Processed Products are available 
either by writing to the Branch Chief at the above address, by phone at 
(202) 720-4693, by fax at (202) 690-1087, or by accessing the AMS 
website on the Internet at www.ams.usda.gov/standards. The United 
States Standards for Grades of Canned Mushrooms do not appear in the 
Code of Federal Regulations.
    AMS is proposing to change the United States Standards for Grades 
of Canned Mushrooms using the procedures it published in the August 13, 
1997, Federal Register and that appear in Part 36 of Title 7 of the 
Code of Federal Regulations (7 CFR Part 36). The United States 
Standards for Grades of Canned Mushrooms will be improved by lowering 
the Recommended Minimum Drained Weight Averages (RMDWA's) and lower 
limits for all styles, in selected container sizes. The purpose of this 
proposed change is to improve the usability of the standards, and help 
to facilitate the marketing of canned mushrooms. This change will allow 
for a better marketing environment for the canning industry because it 
would align the standards with FDA minimum drained weight requirements.
    In August 1990, USDA, through one of its field offices, received a 
letter from a food importer in New York alerting AMS to the disparity 
in the United States Standards for Grades of Canned Mushrooms. The 
company proposed that the RMDWA's in the U.S. Standards for Grades of 
Canned Mushrooms be lowered to 56 percent of the water capacity of the 
container, the FDA minimum fill requirement appearing in 21 CFR 
155.201.
    In consideration of this proposal, the Agricultural Marketing 
Service (AMS) gathered information from government and industry 
sources.
    Drained weight, although not a factor of quality in canned 
mushrooms, is very important in connection with the marketing of 
processed fruit and vegetable products. Drained weight indicates the 
amount of fruit and vegetable ingredient in relation to packing media 
and to some extent the degree to which a product may have disintegrated 
during processing and handling. Most U.S. standards for canned fruits 
and vegetables contain a recommended drained weight. Drained weight, 
when applicable, is a requirement in federal specifications and other 
purchase specifications or contracts. The USDA reports the range of 
drained weights on their certificates when there is a mandatory FDA 
requirement, such as for canned mushrooms. Although drained weight is 
an FDA mandatory requirement in canned mushrooms, buyers and sellers 
can establish their own specification of minimum drained weights that 
exceed the FDA.
    Presently, the U.S. standard for canned mushrooms includes a 
recommended minimum drained weight of 62 percent of the water capacity, 
or 68.0 ounces for the No. 10 can, while the FDA minimum is 61.3 ounces 
(56 percent) for this can size. The water capacity is determined 
according to the FDA method outlined in 21 CFR 130.12. The FDA 
established its current 56 percent minimum in rulemaking based upon a 
petition from the National Food Processors Association (NFPA) 
requesting that the drained weight required for mushrooms packed in 
larger cans be reduced because of the high incidence of bacterial 
spoilage in such containers. The FDA initiated rulemaking in a proposed 
rule (47 FR 26843; June 22, 1982). The NFPA attributed the problem to 
overfilling to meet the drained weight requirement. Therefore, the NFPA 
proposed to reduce the drained weight requirement for larger cans so 
that the ratio of mushrooms to water capacity of the container was not 
less than 56 percent. A final rule was published in the Federal 
Register on March 15, 1983 in 48 FR 10812 and a final rule; 
confirmation effective dates was published on September 14, 1983 in 48 
FR 41155.

[[Page 67041]]

    AMS believes that the RMDWA's should be changed in the U.S. 
Standard for Grades Canned Mushrooms to equal the requirement of 56 
percent established by FDA. Specifically, the changes would affect the 
8 ounce, Jumbo, and No. 10 can sizes. The new lower limit for drained 
weights would be reduced from 8.0 to 7.6 ounces, 16.0 to 14.4 ounces, 
and 68.0 to 61.3 ounces, respectively. The lower limit for drained 
weight for smaller can sizes would remain the same at 56 percent of the 
water capacity.
    AMS believes the proposed change in the U.S. Standards for Grades 
of Canned Mushrooms would provide a more equitable marketing 
environment for canned mushrooms, improve quality by eliminating 
overfill, and align the RMDWA's and lower limits with FDA requirements. 
Therefore, AMS is publishing this notice with a 60 day comment period 
which should provide sufficient time for interested persons to comment 
on the revision of the standard.

    Authority: 7 U.S.C. 1641-1627.

    Dated: November 27, 1998.
Eric M. Forman,
Acting Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-32208 Filed 12-3-98; 8:45 am]
BILLING CODE 3410-02-P