[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Notices]
[Pages 18162-18163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9053]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number: FV-02-331]


United States Standards for Grades of Canned Apples

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice; withdrawal.

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SUMMARY: The Agricultural Marketing Service (AMS) published a notice 
soliciting comments on its proposed revision to change the United 
States Standards for Grades of Canned Apples.

[[Page 18163]]

Specifically, AMS proposed to lower the recommended drained weight for 
canned apples packed in No. 10 cans. After reviewing the Agency has 
decided to withdraw the proposal and terminate the action.

EFFECTIVE DATE: April 15, 2002.

FOR FURTHER INFORMATION CONTACT: Randle A. Macon, Processed Products 
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, 
U.S. Department of Agriculture, Room 0709, South Building; STOP 0247, 
1400 Independence Avenue SW; Washington, DC. 20250; faxed to (202) 690-
1527; or e-mailed to [email protected]. The United States Standards 
for Canned Apples is available either through the address cited above 
or by accessing the AMS Home Page on the Internet at http://www.ams.usda.gov/fv/ppb.html.

SUPPLEMENTARY INFORMATION:

Background

    AMS received petitions from Independent Food Processors Company of 
Sunnyside, Washington; and Snokist Growers of Yakima, Washington, 
requesting the revision of the United States Standards for Grades of 
Canned Apples. The two petitioners represent a significant part of the 
Pacific Northwest apple industry. The Pacific Northwest apple industry 
provides almost half of the apples produced domestically.\1\
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    \1\ Source--USDA, NASS, ASB.
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    The petitions stated that the recommended drained weight of 96 
ounces for apples packed in No. 10 size cans, in the U.S. Standards for 
Grades of Canned Apples, was difficult to obtain and places the Pacific 
Northwest processors at an economic disadvantage in bidding for 
government and non-government contracts. The reasons given for this 
disparity were that the varietal types of apples and the growing 
conditions in the Northwest region are different from other apple 
producing regions around the country.
    The petitioners also stated that to meet the standard when packing 
certain varieties of apples, the cans are over-filled. This condition 
may cause damage to the sliced apples which may cause the slices to be 
graded as less than ``Grade A.''
    Petitioners went on to state that to meet USDA recommended 
requirements for drained weight, some processors may be required to put 
more product into the can, causing economic hardship, damage to the 
product, and sometimes loss of the integrity of the can seal. If the 
seal's integrity was lost during processing, the product's 
wholesomeness was jeopardized.
    USDA reviewed the petitions and data submitted, and had gathered 
additional information from relevant government agencies and industry 
sources including growers, processors, and buyers. Based on this 
information, USDA found that there may be a disparity between the 
drained weights for canned apples from Pacific Northwest processors and 
those from other sections of the country.
    The Department therefore proposed to lower the recommended drained 
weight for apples packed No. 10 size cans, from 96 ounces to 92 ounces 
in the U.S. Standards for Grades of Canned Apples.
    Based on that information, the USDA published a notice in the 
Federal Register, on December 24, 1997 (62 FR 67326), proposing to 
revise the U.S. Standards for Grades of Canned Apples by lowering the 
recommended drained weight for sliced apples packed in No. 10 size 
cans, from 96 ounces to 92 ounces.
    A 60 day comment period was provided for interested persons to send 
in comments on this recommended change to the Standards. The USDA 
received 19 comments responding to the notice from a wide range of 
sources, including trade associations, government agencies, and 
manufacturers. There were also comments from members of Congress which 
were received after the 60 day comment period had closed.
    Commenters responding in favor of lowering the recommended drained 
weight for sliced apples packed in No. 10 size cans from 96 ounces to 
92 ounces, stated that this change was necessary because the current 
U.S. standards puts Pacific Northwest processors at an economic 
disadvantage in bidding for government and non-government contracts. 
The reason given was that the varietal types of apples and the growing 
conditions in the Northwest region are different from other apple 
producing regions around the country. The Pacific Northwest varieties 
are high quality larger and firmer apples that do not pack down in the 
can as well as the smaller variety apples from other growing areas 
regardless of cut. The commenters state that to meet the standard when 
packing No. 10 size containers, the cans are over-filled. This 
condition causes damage to the sliced apples upon closure of the can 
which may cause the slices to be graded as less than ``Grade A.'' This 
over-filled condition may lead to loss of the integrity of the can 
seal. If the seal's integrity is lost during processing, the product's 
wholesomeness is jeopardized.
    Another commenter, in favor of the change, stated that in order for 
Pacific Northwest apple processors to meet the recommended drained 
weight for sliced apples packed in No. 10 size cans, they would have to 
use smaller and softer (lower quality) apples when packing this 
product.
    Of the opposing comments received, there was one central concern 
that was raised by most of the commenters. Most asserted that lowering 
the recommended drained weight for sliced apples packed in No. 10 size 
cans, from 96 ounces to 92 ounces, will lead to inferior quality sliced 
apples being utilized resulting in a negative impact on the sliced 
apple market. This, in turn would cause a decrease in apple consumption 
by the consumer.
    The comments from members of Congress, which were received after 
the 60 day comment period had closed, echoed the same concern that 
lowering the recommended drained weight for sliced apples packed in No. 
10 size cans, from 96 ounces to 92 ounces, would lead to inferior 
quality sliced apples being utilized. This action could also result in 
job and production losses.
    One commenter stated that lowering the recommended drained weight 
for sliced apples packed in No. 10 size cans, might cause processors 
outside of the Pacific Northwest to produce canned sliced apples that 
will seem not completely filled or slack filled which will also result 
in a negative consumer reaction. At the same time, Pacific Northwest 
packs might be viewed as superior because the cans are always full.
    The comments reflect a diverse spectrum of views on both sides of 
the issue as well as considerable opposition within the industry, to 
the proposed amendments. After reviewing and considering the comments, 
The Department has decided not to proceed with this action, but will 
consider any additional views or recommendations from the industry. 
Therefore, the proposed revision as published in the December 24, 1997, 
notice is withdrawn.

    Dated: April 9, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-9053 Filed 4-12-02; 8:45 am]
BILLING CODE 3410-02-P