[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]


 ========================================================================
 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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 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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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.

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

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