[Federal Register Volume 67, Number 57 (Monday, March 25, 2002)]
[Notices]
[Pages 13597-13598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7109]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. FV-02-330]


United States Standards for Grades of Canned Mushrooms

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice; withdrawal.

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SUMMARY: The Agricultural Marketing Service (AMS) of the Department of 
Agriculture (USDA) published a notice soliciting comments on its 
proposed revision to change the United States Standards for Grades of 
Canned Mushrooms. Specifically, AMS proposed 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. After 
reviewing and considering the comments received, the Agency has decided 
to withdraw the proposal and terminate the action.

EFFECTIVE DATE: March 25, 2002.

FOR FURTHER INFORMATION CONTACT: Chere L. Shorter, Processed Products 
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, 
U.S. Department of Agriculture, Room 0709, South Building; STOP 0247, 
Washington, DC 20250; faxed to (202) 690-1527; or e-mailed to 
[email protected].
    The current United States Standards for Grades of Canned Mushrooms, 
along with the proposed changes, are available either through the 
address cited above or by accessing the Internet at http://www.ams.usda.gov/fv/ppb.html. Any comments received, regarding this 
notice will also be posted on that site.

SUPPLEMENTARY INFORMATION:

Background

    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.

[[Page 13598]]

    In consideration of this proposal, 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 for example, 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 (48 FR 10812) and a Federal Register Notice 
confirming the effective dates was published on September 14, 1983 (48 
FR 41155.)
    The USDA published a notice in the Federal Register, on December 4, 
1998 (63 FR 67040), proposing to revise the U.S. Standards for Grades 
of Canned Mushrooms by lowering the recommended drained weight from 62 
percent to 56 percent of the can capacity.
    A 60 day comment period was provided for interested persons to send 
in comments on this recommended change to the Standards.
    AMS received one comment that was opposed to the change in drained 
weight. The commenter stated that the change would result in a lack of 
uniformity in that there would be a larger number of pack sizes within 
the narrow range of 56 to 62 percent of the water capacity. They also 
stated that the change would require expensive changes in the 
manufacturing process, through new heat penetration studies, new 
labels, and new in-plant procedures resulting in a restructuring of the 
manufacturing process. And finally, the commenter felt that the 
marketing environment would become more confused as a result. AMS 
believes that the comments have merit and therefore has decided to 
withdrawal the proposal and terminate the action.
    In another matter, the commenter wanted a review of the current 
color standards for canned mushrooms. They stated that due to the 
extreme difficulty in achieving Grade A color in glass, that the 
minimum color classifications be reviewed.
    Because this response is beyond the scope of the intended notice, 
USDA will review this discussion in another forum when more data is 
available. Interested parties are however encouraged to submit data to 
justify reviewing the minimum color requirements for canned mushrooms.
    After reviewing and considering the comments received, the Agency 
has decided not to proceed with the action. Therefore, the notice 
published December 4, 1998 (64 FR 67040) is withdrawn.

    Dated: March 18, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-7109 Filed 3-22-02; 8:45 am]
BILLING CODE 3410-02-P