[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Notices]
[Pages 7458-7460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2017]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 /
Notices
[[Page 7458]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[DA-00-05B]
United States Standards for Grades of Swiss Cheese, Emmentaler
Cheese
AGENCY: Agricultural Marketing Service, USDA
ACTION: Notice.
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SUMMARY: The Agricultural Marketing Service is giving notice of the
availability of revisions to the voluntary United States Standards for
Grades of Swiss Cheese, Emmentaler Cheese. The changes will increase
the allowable eye size range in Grade A Swiss cheese and define an
allowable eye size range in Grade B Swiss cheese; remove the block
height recommendation for cheeses produced in rindless blocks; add more
clarity to the color requirements for grades A and B Swiss cheese;
correct minor errors that currently exist in the tables; and make minor
editorial changes that will make the standard more uniform in
appearance and easier to use.
EFFECTIVE DATE: This notice is effective February 22, 2001.
ADDRESSES: The revised standards are available from Duane R. Spomer,
Chief, Dairy Standardization Branch, Dairy Programs, Agricultural
Marketing Service, U.S. Department of Agriculture, Room 2746, South
Building, STOP 0230, P.O. Box 96456, Washington, DC 20090-6456; or at
http://www.ams.usda.gov/dairy/stand.htm
FOR FURTHER INFORMATION CONTACT: Charlsia Fortner, Dairy Products
Marketing Specialist, Dairy Standardization Branch, AMS/USDA/Dairy
Programs, Room 2746-S, P.O. Box 96456, Washington, DC 20090-6456, (202)
720-7473.
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 in order to encourage uniformity and consistency in
commercial practices * * *.'' AMS is committed to carrying out this
authority in a manner that facilities the marketing of agricultural
commodities and to making copies of official standards available upon
request. U.S. Standards for Grades of Swiss Cheese, Emmentaler Cheese
no longer appear in the Code of Federal Regulations (CFR); however,
they are maintained by the USDA/AMS/Dairy Programs.
When Swiss cheese is officially graded, the USDA voluntary
standards governing the grading of manufactured or processed dairy
products are used. The Agency believes the revised standards will
accurately identify quality characteristics in Swiss cheese. AMS is
revising the United States Standards for Grades of Swiss Cheese,
Emmentaler Cheese using the procedures it published in the August 13,
1997, Federal Register and that appear in part 36 of Title 7 of the CFR
(7 CFR part 36).
The notice, with a request for comments on the proposed changes,
was published in the Federal Register on July 20, 2000 (65 FR 45018-
45032). A correction notice was published on August 14, 2000 (65 FR
45933).
The grade standards were last revised in September 1987. AMS has
reviewed this standard and discussed possible changes with the dairy
industry. The Wisconsin Dairy Products Association (WDPA) and the
Wisconsin Cheese Makers Association (WCMA), trade associations
representing the Swiss cheese industry, provided specific
recommendations. The American Dairy Products Institute (ADPI), another
trade association representing the Swiss cheese industry, supported
these specific recommendations, organized a meeting of Swiss cheese
manufacturers and buyers to discuss changes to the U.S. Grade
Standards, and provided specific information supporting the changes
suggested by WDPA and WCMA.
Proposed by WDPA and WCMA and supported by ADPI:
Allow smaller eyes in Grade A Swiss cheese; and
Remove block size recommendations for rindless Swiss
cheese.
Dairy Programs, Agricultural Marketing Service, proposed the
following:
Lower the minimum eye size requirement for Grade A Swiss
cheese as suggested by the trade associations and include provisions to
clarify uniformity of eye size. Also, Dairy Programs proposed to
include the same eye size range for Grade B Swiss cheese;
Remove the block height recommendation for rindless Swiss
cheese as suggested by the trade associations;
Provide a more descriptive representation of acceptable
color for Grades A and B Swiss cheese by defining the range of
acceptable color as white to light yellow;
Correct errors in the table that summarizes eye and
texture characteristics of Swiss cheese; and
Reformat information in these standards to make the
standards easier to use and provide a uniform appearance with other
U.S. Grade Standards.
AMS published a notice in the Federal Register with an outline of
the specific proposed changes and provided for a comment period of 60
days, which ended September 18, 2000. Forty-three comments were
received during the comment period, four from dairy trade associations,
one from the Government of Switzerland, and 38 from individuals.
The National Milk Producers Federation (NMPF), ADPI, WCMA, and WDPA
were the trade associations that provided comments. These associations
represent dairy producers and Swiss cheese manufacturers and buyers,
and each expressed general support for the proposed changes. However,
three of the associations disagreed with at least one provision in the
proposed grade standards.
Three associations objected to the inclusion of the relatively
uniform eye size definition proposed by AMS. One association stated
that the proposed eye size range would not provide the flexibility
initially requested by Swiss cheese manufacturers, and that eye size
uniformity should be a quality issue between buyer and seller rather
than incorporated into the standard. Another association stated that
the requirement that cheese be properly set and contain
[[Page 7459]]
eyes that are relatively uniform in size and distribution is sufficient
and that it was not necessary to include a definition of relatively
uniform eye size. This trade association contends that any defined
range of eye size is impractical and unrealistic, especially when
applied to a 200-pound block of cheese.
In considering this objection, AMS notes that the current U.S.
standards address uniformity in the size of eyes in U.S. Grade A Swiss
cheese by establishing a narrow \3/16\ inch range into which a majority
of the eyes must fall. When the majority of the eyes are outside this
range, the cheese does not qualify for the U.S. Grade A designation.
Furthermore, if a majority of the eyes are smaller than the established
minimum, the cheese is considered to be ``small eyed'' and would not
meet the requirements for U.S. Grade A.
AMS proposed to widen the size of eyes in U.S. Grade A Swiss and
allow for eyes within a broader 7/16 inch range. By incorporating the
industry recommendation and expanding the sizes of eyes allowable for
Grade A Swiss, the current definition for small eyed was no longer
appropriate because cheese falling within the small eyed range could
now qualify for U.S. Grade A. In light of this, AMS believed that it
was important that the revised standards include a definition for
``relatively uniform eye size.''
AMS agrees that eye size is a quality issue and that Swiss cheese
must be properly set to obtain a variety of desirable characteristics
including cheese that contains eyes that are relatively uniform in
size. U.S. grade standards are intended to describe quality attributes
of dairy products, therefore these eye size considerations should be
included in the Swiss cheese grade standards. In the existing standard,
this was addressed by a narrow range of allowable eye sizes. In the
proposed changes, this would be accomplished by addition of a
definition for ``relatively uniform eye size'' that allows for the
expanded range and reinforces that cheese be properly set by specifying
that a majority of the eyes fall within a narrower \1/4\ inch range.
The revision incorporates the flexibility requested by Swiss cheese
manufacturers and buyers by expanding the size of eyes allowable for
Grade A cheese and that the inclusion of a definition for ``relatively
uniform'' would eliminate confusion when communicating these standards
among buyers and sellers and when graders apply these standards to
Swiss cheese samples. These provisions are also applicable to Swiss
cheese regardless of size. For these reasons, AMS is maintaining the
``relatively uniform eye size'' definition as proposed.
WCMA suggested a change to the proposal that would provide clarity.
They requested that Section (h) of the Explanation of Terms section be
further reworded. The Section (h) as proposed by USDA defined the
descriptor ``slight,'' ``large eyed'' and ``small eyed.'' WCMA suggests
combining ``slight'' with the terms ``large eyed'' and ``small eyed,''
thus defining only ``slight large eyed'' and ``slight small eyed,'' and
eliminating the need to define ``slight.'' USDA agrees this results in
more straightforward definitions of the two terms. Therefore, USDA is
revising the relevant portion of Section (h) of the Explanation of
Terms as follows:
(h) With respect to eyes and texture as it relates to large eyed
and small eyed:
(1) Slight large eyed.--Majority of the eyes more than \13/16\ inch
but less than 1 inch.
(2) Slight small eyed.--Majority of the eyes less than \3/8\ inch
but more than \1/8\ inch.
(3) Relatively uniform eye size--The majority of the eyes fall
within a \1/4\ inch range.
One comment was received from the Federal Office for Agriculture in
Bern, Switzerland. This office expressed concern that the proposed
revisions to the Swiss cheese grade standards are not congruent with
the traditional methods for producing Emmentaler cheese in Switzerland.
They also note differences between the U.S. standards and a Codex
Alimentarius Individual Standard for Emmentaler, which was issued in
1967. This international standard states that an acceptable eye size
for Grade A Emmentaler will be between 1 and 3 cm. Further, the
international standard indicates acceptable color as ``ivory to light
yellow,'' instead of the U.S. standards' ``white to light yellow.''
Codex standards are maintained for the purpose of facilitating
international trade by promoting honest practices in the sale of food
and providing guidance to consumers in making food choices. The 1967
Emmentaler cheese standard is among the individual cheese standards
that are currently under revision by the Codex Alimentarius Committee.
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 in order to encourage
uniformity and consistency in commercial practices * * *.'' U.S.
Standards establish agreed-upon quality parameters and help keep our
national marketing system for dairy products operating in an orderly
and efficient manner.
The changes being made to the U.S. standards bring it into much
closer alignment with the Codex standard than previous standards,
however, some differences are appropriate to address quality issues
with Swiss cheese, such as bleaching. Bleaching is allowed in the
manufacture of Swiss cheese in the United States, therefore a white
color is appropriate for U.S. Grade A Swiss cheese under the U.S.
standards. Accordingly, USDA is retaining the proposed changes to the
current U.S. standards because the standards are intended to achieve
different objectives in the marketplace.
Thirty-seven comments were received from individuals who may have
read or heard about USDA's proposed changes to the Swiss cheese grade
standards through widespread media coverage. Eleven of these commenters
supported an increased range of eye sizes that would allow a smaller
eye in Grade A Swiss cheese. Nine commenters did not support this
change. Seventeen commenters did not express an opinion on the proposed
changes to the Swiss cheese grade standards, but commented instead on
larger issues generated from information presented by the news media.
These issues are not under consideration by AMS in conjunction with the
Swiss cheese grade standards. Also, many of those who commented
believed that USDA was promulgating mandatory regulations to direct the
eye size in Swiss cheese. As stated earlier in this notice, U.S.
Standards for Grades of Swiss Cheese, Emmentaler cheese are strictly
voluntary. Cheesemakers may choose to utilize USDA grading and
inspection services, but are under no obligation to do so. These
voluntary grade standards are established to promote fair and equitable
marketing conditions within the dairy industry. The proposed changes to
the grade standards for Swiss cheese would potentially expand, rather
than limit, consumer choice among high-quality Swiss cheeses on the
market.
Accordingly, further changes to the notices revising the United
States Standards for Grades of Swiss Cheese, Emmentaler Cheese as
published in the Federal Register at 65 FR 45018 on July 20, 2000 and
65 FR 49533 on August 14, 2000, are made as described above.
The revised standards are available either through the above
address or by accessing AMS' Home Page on the Internet at http://www.ams.usda.gov/dairy/stand.htm.
Authority: 7 U.S.C. 1621-1627.
[[Page 7460]]
Dated: January 17, 2001.
Kathleen A. Merrigan,
Administrator, Agricultural Marketing Service.
[FR Doc. 01-2017 Filed 1-22-01; 8:45 am]
BILLING CODE 3410-02-P